104.800. Transfers of creditable service to other retirement system--transfer to be made, when--effect of transfer--death of member prior to retirement and transfer to be computed under system with mo
Transfers of creditable service to other retirement system--transferto be made, when--effect of transfer--death of member prior toretirement and transfer to be computed under system with mostadvantageous benefits.
104.800. 1. Except as otherwise provided by law, any person havingearned creditable service pursuant to the provisions of the stateemployees' retirement system or pursuant to the provisions of the statetransportation department employees' and highway patrol retirement systemor having service as a statewide state elective officer or having serviceas a member of the general assembly or having service pursuant to theprovisions of sections 287.812 to 287.855, RSMo, or having service as ajudge, as defined in section 476.515, RSMo, may elect prior to retirementand not after retirement, to make a one-time transfer of credit for suchservice or such creditable service to or from any other retirement systemor type of service specified in this section or sections 56.800 to 56.840,RSMo, for which the person has accumulated service or creditable service.The amount of transferred credit shall be accumulated with the amount ofsuch creditable service or such service earned by the person in theretirement system or type of service to which the service is transferredfor purposes of determining the benefits to which the person is entitledunder the retirement system or type of service to which the service istransferred. The transfer of such creditable service or service shallbecome effective on the first day of the second month following the monthin which the person files written notification of the person's electionwith the retirement boards affected by such service transfer. When theelection to transfer creditable service or service becomes effective, theperson shall thereby forfeit any claim to any benefit under the provisionsof the retirement system or type of service, as the case may be, from whichthe service or creditable service was transferred regardless of the amountof service or creditable service previously earned in such retirementsystem or type of service. Any person who has transferred service pursuantto this subsection prior to August 28, 2002, and who is an employee coveredby a retirement plan described in this subsection after that date, mayelect to make an additional transfer of service prior to retirement ifadditional service would otherwise be available to be transferred exceptfor the forfeiture of that service after the previous transfer. In noevent shall the amount of service that a person shall be entitled totransfer pursuant to the provisions of this section exceed eight years.
2. In the event of the death of a member before retirement and priorto exercising transfer rights pursuant to the provisions of this section,survivorship benefits shall be computed as if such person had in factexercised or not exercised the person's transfer rights to produce the mostadvantageous benefit possible.
3. Any person that has earned creditable service pursuant to theprovisions governing the Missouri state employees' retirement system orpursuant to the provisions of chapter 287, RSMo, or chapter 476, RSMo, whoterminated employment prior to August 13, 1986, shall, upon application tothe board of trustees of the Missouri state employees' retirement system,be made, constituted and appointed and employed by the board as a specialconsultant on the problems of retirement, aging and other state matters forthe remainder of the person's life. Upon request of the board or the courtfrom which the person retired, the consultant shall give opinions or beavailable to give opinions in writing or orally in response to suchrequest. As compensation for such services, the consultant shall beeligible, prior to retirement, to make a one-time transfer of creditableservice as provided in this section.
(L. 1986 H.B. 1496 § 2, A.L. 1987 H.B. 713, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 & 314, A.L. 2002 H.B. 1455)Effective 7-11-02