169.010. Definitions.

Definitions.

169.010. The following words and phrases, as used in sections 169.010to 169.130, unless a different meaning is plainly required by the context,shall have the following meanings:

(1) "Accumulated contributions" shall mean the sum of the annualcontributions a member has made to the retirement system through deductionsfrom the member's salary, plus interest compounded annually on each year'scontributions from the end of the school year during which suchcontributions were made;

(2) "Board" shall mean the board of trustees provided for in sections169.010 to 169.130;

(3) "Creditable service" shall mean prior service or membershipservice, or the sum of the two, if the member has both to the member'scredit;

(4) "District" shall mean public school, as herein defined;

(5) "Employ" shall have a meaning agreeable with that herein given toemployer and employee;

(6) "Employee" shall be synonymous with the term "teacher" as thesame is herein defined;

(7) "Employer" shall mean the district that makes payment directly tothe teacher or employee for such person's services;

(8) "Final average salary" shall mean the total compensation payableto a member for any three consecutive years of creditable service, aselected by the member, divided by thirty-six; with the proviso that anyannual compensation entering into the total compensation shall not exceedtwelve thousand six hundred dollars for any year prior to July 1, 1967; andwith the proviso that the board may set a maximum percentage of increase inannual compensation from one year to the next in the final average salaryperiod. In no instance shall the maximum percentage of increase in annualcompensation from one year to the next in the final average salary periodexceed ten percent. This limit will not apply to increases due to bonafidechanges in position or employer increases required by state statute, ordistrictwide salary schedule adjustments for previously unrecognizededucation-related services;

(9) "Member" shall mean a person who holds membership in theretirement system;

(10) "Membership service" shall mean service rendered by a member ofthe retirement system after the system becomes operative, and may include aperiod of service in the armed forces of the United States as provided forin section 169.055;

(11) "Prior service" shall mean service rendered by a member of theretirement system before the system becomes operative, and may includeservice rendered by a member of the armed forces if the member was ateacher at the time the member was inducted, for which credit has beenapproved by the board of trustees;

(12) "Public school" shall mean any school conducted within the stateunder the authority and supervision of a duly elected district or city ortown board of directors or board of education and the board of regents ofthe several state teachers' colleges, or state colleges, board of trusteesof the public school retirement system of Missouri, and also the state ofMissouri and each county thereof, to the extent that the state and theseveral counties are employers of teachers as herein designated;

(13) "Retirement allowance" shall mean a monthly payment for lifeduring retirement;

(14) "Retirement system" or "system" shall mean the public schoolretirement system of Missouri created by sections 169.010 to 169.130;

(15) "Salary", "salary rate" or "compensation" shall mean the regularremuneration, including any payments made pursuant to sections 168.500 to168.515, RSMo, which is earned by a member as an employee of a district,but not including employer-paid fringe benefits except the value ofemployer-paid medical benefits (including dental and vision) for members,and not including employer-paid medical benefits (including dental andvision) for anyone other than the member, employer contributions to anydeferred compensation plan, consideration for agreeing to terminateemployment or other nonrecurring or unusual payments that are not a part ofregular remuneration. The board by its rules may further define salary,salary rate and compensation in a manner consistent with this definitionand with sections 169.010 to 169.141;

(16) "School year" shall mean the year from July first of one year toJune thirtieth of next year, inclusive, which shall also be the fiscal yearof the system;

(17) "Teacher" shall mean any person who shall be employed by anypublic school on a full-time basis and who shall be duly certificated underthe law governing the certification of teachers; any person employed in thestate department of elementary and secondary education or by the stateboard of education on a full-time basis who shall be duly certificatedunder the law governing the certification of teachers and who did notbecome a member of the Missouri state employees' retirement system pursuantto section 104.342, RSMo; and persons employed by the board of trustees ofthe public school retirement system of Missouri on a full-time basis whoshall be duly certified under the law governing the certification ofteachers. The term "teacher" shall be synonymous with the term "employee"as defined in this section.

(L. 1945 p. 1353 § 1, A.L. 1945 p. 1378, A.L. 1945 p. 1381, A.L. 1949 p. 525, A.L. 1953 p. 480, A.L. 1957 p. 432, A.L. 1965 p. 288, A.L. 1967 p. 250, A.L. 1972 S.B. 491, A.L. 1977 S.B. 325, A.L. 1981 H.B. 33, et al., A.L. 1984 S.B. 407, A.L. 1987 H.B. 713, A.L. 1996 S.B. 857, A.L. 1997 S.B. 309, A.L. 1999 S.B. 308 & 314, A.L. 2005 H.B. 443, A.L. 2007 S.B. 406)