Missouri Revised Statutes
Chapter 104 - Retirement of State Officers and Employees
Section 104.370 - General assembly members entitled to normal annuity, requirements, limitation — election to state office, effect — certain members entitled to creditable prior service — former members as special consultants, compensation — elected...

Effective - 28 Aug 2003, 2 histories
104.370. General assembly members entitled to normal annuity, requirements, limitation — election to state office, effect — certain members entitled to creditable prior service — former members as special consultants, compensation — elected county officials, prior service. — 1. Any member of the general assembly who has served at least three full biennial assemblies as a member of the general assembly and who meets the conditions for retirement at or after the member's normal retirement age shall be entitled to a normal annuity in a monthly amount equal to one hundred fifty dollars multiplied by the number of biennial assemblies in which such member has served. For the purpose of calculating benefits due under this subsection:
(1) Service in any portion of a biennial assembly after service in at least three biennial assemblies shall be credited as service in a full biennial assembly; and
(2) Any person who is elected as a member of the general assembly at a special election and who serves the remainder of that term to which he was elected at such special election shall receive credit for a full biennial assembly for such service.
2. If a member of either retirement system established by this chapter, who has served at least three full biennial assemblies as a member of the general assembly, is elected to a state office, appointed to a state office, or employed by the state before, after, or before and after his service as a member of the general assembly, the member may, at the end of such employment, receive upon retirement, at or after the member's normal retirement age, the amount which shall be due the member for creditable service as a member of the general assembly. If he has not fully vested as a result of his employment as other than a member of the general assembly, he shall be credited with additional service as a legislator just as though all of the service combined had in fact been rendered as a member of the general assembly and receive a normal annuity. If the member retires before normal retirement age, the member shall receive the actuarial reduction approved by the board. Nothing in this section shall allow any member to simultaneously accumulate service in more than one state retirement system as a member of the general assembly and an employee or state officer; provided that, any member who otherwise would accrue simultaneous creditable service as a member of the general assembly and as an employee or state officer may elect prior to retirement to receive such simultaneous creditable service in the state retirement plan that covered the member's service as an employee or state officer in lieu of receiving such creditable service as a member of the general assembly pursuant to subdivision (1) of subsection 1 of this section. Any member who makes such election shall receive creditable service for the member's remaining legislative service equal to the pro rata portion of the biennial assembly actually served by such member. The provisions of this subsection providing an election with regard to simultaneous creditable service shall apply to any member of the general assembly who is employed on or after August 28, 2003, or any former member of the general assembly who is employed as an employee or state officer on or after August 28, 2003. The term "state officer" as used in this subsection includes a statewide elected official as described in section 104.371, an administrative law judge or legal advisor as defined in section 287.812, or a judge as defined in section 476.515.
3. A member who has fully vested as a state officer or employee and has service as a member of the general assembly of less than three full biennial assemblies, upon retirement, at or after the member's normal retirement age, shall be credited with additional service as a state officer or employee for the time he served as a member of the general assembly. If the member retires before normal retirement age, he shall receive the actuarial reduction approved by the board.
4. Any member of the general assembly who has served at least three full biennial assemblies and whose service as such terminates on or after October 1, 1984, and who served as an employee, as that term is defined in section 104.010, prior to the respective dates on which the retirement systems to which such sections apply originally became effective, but was not such an employee on such dates, shall be entitled to the creditable prior service that such employee would have been entitled to in either or both systems had such employee become a member on the date of inception of either or both systems. The maximum number of years of creditable prior service to which a member may become entitled pursuant to this section is less than ten years. The benefits attributable to such service shall be calculated as if all service was rendered as a member of the general assembly.
5. Any former member of the general assembly who is receiving benefits under the provisions of this section shall, upon written request to the board, be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement and other related matters and shall upon request of the board give opinions in writing or orally in response to such requests. As compensation for such services, the retired member shall have his retirement benefits recalculated the first of the month next following his application under this subsection to reflect that any portion of a year of creditable service shall be counted as one full biennial session.
6. Any retired member who is receiving benefits from the system and is elected to the general assembly but does not serve at least three biennial sessions shall receive creditable service for the time he served in the general assembly and upon leaving the general assembly shall have an additional benefit calculated using such service.
7. Benefits paid for service credited to legislative service shall be funded as provided in section 104.436.
8. Any former member of the general assembly not retired on August 28, 1994, who is fifty-five years of age or more and who has creditable service in the general assembly of at least three full biennial assemblies and has not used such services as creditable services in any other retirement system shall be made and employed by the board as a special consultant on the problems related to retirement and shall, when requested by the board, give opinions either written or orally on such problems. As compensation for such duties the former member of the general assembly shall be entitled to retire with a normal annuity effective the first of the month following receipt by the board of a written application.
9. Notwithstanding any other law to the contrary, any active member of the Missouri state employees' retirement system who is vested, on August 28, 1994, under the provisions of subsection 1 of this section, and who has served as an elected county official and who, by virtue of such service was a member of a retirement system other than the Missouri state employees' retirement system but was not vested in such other retirement system, or was not a member of any retirement system, shall receive creditable prior service in the Missouri state employees' retirement system for such previous service as an elected county official.
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(L. 1981 H.B. 835, et al., A.L. 1984 H.B. 1370, A.L. 1985 H.B. 790, A.L. 1986 H.B. 1496, A.L. 1988 H.B. 1643 & 1399, A.L. 1988 H.B. 1100, et al., A.L. 1989 H.B. 674, A.L. 1992 S.B. 499, et al., A.L. 1993 S.B. 126, A.L. 1994 H.B. 1149, A.L. 2003 S.B. 248, et al.)
(1994) Where former state legislator sued state retirement system for denial of benefits for period from date he reached the age for eligibility for legislative retirement until time he retired from circuit judge position. Former legislator was ineligible under statute until his retirement from circuit judge position. Former members of general assembly are ineligible for retirement benefit during any period which they are serving as elected or appointed stated officers. Geary v. Missouri State Employees' Retirement System, 878 S.W.2d 918 (Mo. App. W.D.).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title VIII - Public Officers and Employees, Bonds and Records

Chapter 104 - Retirement of State Officers and Employees

Section 104.010 - Definitions.

Section 104.012 - Spouse defined.

Section 104.020 - System created.

Section 104.030 - Highway patrol uniformed members and civilian employees to be members of retirement system — credit for military service, when.

Section 104.035 - Deferred normal annuity on termination of employment to be paid to employee, requirements — reemployment and member of system, prior service credit restored, when — transportation department and highway patrol, deferred normal annui...

Section 104.040 - Members to receive credit for prior service — military service to be considered — purchase of credit for service in the Armed Forces, cost, interest rate, computation — certain creditable prior service, purchase of, effect — nonfede...

Section 104.050 - Years of service used in calculating annuity — noncompensated absences for illness and injury, effect — withdrawal before entitled to deferred annuity, relinquishes all rights — reinstatement of forfeited creditable service, when.

Section 104.060 - No payroll deductions — accumulated contributions refunded, when, to whom.

Section 104.070 - Board to submit estimate of amounts to be contributed by state — included in appropriation request.

Section 104.080 - Member may retire when — waiver of monthly annuity, when.

Section 104.081 - Highway patrol retirement age.

Section 104.090 - Normal annuity of retired member — additional allowance to patrolmen, qualifications — survivorship options — option selected prior to retirement, death of spouse, effect — spouse as beneficiary, effect — dissolution of marriage, ca...

Section 104.100 - Early retirement and retirement, service credits required at age fifty-five — sixty — sixty-five, exception — computation.

Section 104.103 - Annual benefit increase, when, how computed — limitation — reversion of amount of benefit — special consultant, compensation.

Section 104.110 - Disability benefits, who entitled, how calculated, terminated when — medical examination required, when — proof of application for Social Security benefits — death benefit, not payable, when — board to establish definitions — annuit...

Section 104.120 - Accumulated contributions paid as death benefit, when.

Section 104.130 - Death benefit of retired member.

Section 104.140 - Death prior to retirement, benefits.

Section 104.150 - Benefit fund, how held — purpose — deposit, executive director, duties, bond required — investment, board's powers and duties.

Section 104.160 - Board of trustees, membership — nominations and voting rights of members of system.

Section 104.170 - Officers of board of trustees, election, terms, duties — executive director, appointment, powers and duties — process to be served on executive director.

Section 104.175 - Liability insurance coverage authorized, state highways and transportation commission.

Section 104.180 - Meetings of board, quorum, compensation of employees of board — service to system deemed regular duties.

Section 104.190 - Records of board — report — office at Jefferson City — seal — audit of accounts, requirements.

Section 104.200 - Board may correct error in amounts paid member, limitation.

Section 104.210 - Powers of board of trustees.

Section 104.220 - Actuary, selection, duties.

Section 104.230 - Legal services to be rendered by whom.

Section 104.240 - Actions by and against system — process how served — venue of actions against system — no personal liability for official acts by officers and employees.

Section 104.250 - Law creates vested rights — benefits exempt from taxes and executions — exception, subject to child support and spousal maintenance.

Section 104.254 - Spouses of deceased retired members appointed as special consultants, when — duties — compensation — not to affect other benefits.

Section 104.255 - Certain surviving spouses to become consultants — compensation — not to affect survivor's benefits or eligibility for retirement — surviving spouses not receiving payments on or after September 1, 1989.

Section 104.260 - Members retiring after October 1, 1984, may be made consultants, when, procedure — compensation to be exempt from taxes, judgments, claims — unassignability.

Section 104.270 - Medical and death benefits to be furnished, how — state contribution, amount — contracts for, how let.

Section 104.271 - Retirement age, certain employees — "eighty and out".

Section 104.272 - Certain members entitled to credit for service regardless of classification.

Section 104.312 - Pension, annuity, benefit, right, and allowance is marital property — division of benefits order, requirements — information for courts — rejection of division of benefits order — basis for payment to alternate payee.

Section 104.320 - Retirement system to be body corporate, to be known as Missouri state employees' retirement system — powers and duties — medical benefit funds.

Section 104.330 - State employees to be members — military service, effect.

Section 104.332 - Certain legal advisors to be made special consultants on problems of retirement — legal advisor defined.

Section 104.335 - Vesting service — members who are entitled to annuities — requirements, amounts — terminated vested member, judge, administrative law judge or legal advisor, election to pay present value of annuity, eligibility, purchase of prior s...

Section 104.339 - Creditable prior service, members entitled to.

Section 104.340 - Creditable prior service and prior service credits — what is included — special consultants, requirements, compensation.

Section 104.342 - Certain teachers employed by state to be members, when — may elect to remain members of public school retirement system, procedure, election for certain teachers required to be made, when — effect of failure to make election — newly...

Section 104.343 - Military service, purchase of prior service credit, refund to surviving spouse when death occurs before retirement, procedure, limitation.

Section 104.344 - Member entitled to purchase prior creditable service for nonfederal full-time public employment or contractual services — method, period, limitation.

Section 104.345 - Circuit clerks entitled to prior service credit, when — certain circuit clerks to be appointed consultants, duties, compensation to be creditable service, when — clerks entitled to refund of contribution, procedure, also entitled to...

Section 104.347 - Member elected as circuit clerk of certain counties entitled to annuity.

Section 104.350 - Withdrawal from service, when, reentry after withdrawal, how made — forfeiture and reinstatement of creditable service, when.

Section 104.352 - Part-time legislative employees — insurance benefits — vesting service — deferred normal and partial annuities — requirements.

Section 104.354 - Part-time legislative employee retirement benefits — funding.

Section 104.370 - General assembly members entitled to normal annuity, requirements, limitation — election to state office, effect — certain members entitled to creditable prior service — former members as special consultants, compensation — elected...

Section 104.371 - Elective state officers entitled to normal annuity, how computed, exception — additional service, how credited — retirement age, statewide officer, annuity, amount.

Section 104.372 - General assembly members and elective state officers, survivor's income payments, when, amount — death before retirement survivor's benefit — creditable prior service for certain teachers employed by state — surviving spouse, specia...

Section 104.374 - State employee's normal annuity, computation — noncompensated absences counted as membership service, when — employees and general assembly members continuing to serve, cost-of-living increases on retirement or death.

Section 104.378 - Survivors as special consultants on board, when, compensation.

Section 104.380 - Retired members elected to state office, effect of — reemployment of retired members, effect of.

Section 104.395 - Options available to members in lieu of normal annuity — spouse as designated beneficiary, when — statement that spouse aware of retirement plan elected — reversion of amount of benefit, conditions — special consultant, compensation...

Section 104.400 - Normal retirement age — early retirement requirements — annuity, how computed.

Section 104.401 - Retirement requirements and procedure, annuity or deferred normal annuity, payment to commence when — temporary waiver of right to receive, effect, limitation.

Section 104.403 - Certain retirees eligible to apply for medical coverage benefits, amount of contribution, limitations.

Section 104.404 - Certain employees eligible for retirement may apply for medical benefits upon retirement, amount of contribution, time limitations.

Section 104.410 - Disability benefits, who entitled, eligibility — how calculated — eligibility requirements — disabled, a normal retiree, when — termination of disability, effect.

Section 104.415 - Annual benefit increase, when, how computed — minimum — maximum increase — payable when — temporary waiver of right to receive, effect, limitation.

Section 104.420 - Death before retirement, member or disabled member — surviving spouse to receive benefits — if no qualifying surviving spouse, children's benefits.

Section 104.422 - Accumulated contribution as death benefit of member or former member.

Section 104.436 - Financing pattern for contribution determinations — commissioner of administration to certify payment.

Section 104.438 - Benefit funds, pay period certification of amount required — treasurer to transfer amount to fund.

Section 104.440 - Benefit fund, how held — board's powers — deposit — bond of executive director, investment of fund.

Section 104.450 - Board of trustees, membership of — appointed members and elected members, how chosen.

Section 104.460 - Board officer, selection, terms — elected members campaign disclosure procedure, penalty — executive director and staff, appointment, salaries, expenses — service of process to be served on director or director's designee.

Section 104.470 - Meeting of board — quorum — meetings not required for decisions of board, procedure, exception — expenses — failure to attend, result, exceptions — vacancies.

Section 104.480 - Records of board — financial report — office at Jefferson City — seal — audit of accounts, requirements.

Section 104.490 - Correction of errors in amount paid members — falsification of records, penalty — survivor or beneficiary charged with killing member, denial of benefits, resumption of payments if not convicted.

Section 104.500 - Powers and duties of board — conflict of interest of members or employees prohibited.

Section 104.510 - Actuary, selection — duties.

Section 104.515 - Insurance and disability benefits to be kept in separate accounts — state's contribution, amount, contribution to be made from highway funds for certain employees, when — employees and families, who are covered for medical insurance...

Section 104.516 - Conservation department, contributions for insurance for uniformed agents, when.

Section 104.517 - Life insurance benefits, employees covered — certain departments and highway patrol may elect coverage — amount — additional insurance by payroll deductions, maximum — retention of coverage on retirement, cost deducted from retireme...

Section 104.518 - Disability income benefits, employees covered — certain members of water patrol eligible.

Section 104.519 - Rules established for insurance and disability benefits — selection of insurance companies by bids — coverage of state employees under teacher retirement system eligible for insurance program — certain employees not eligible, when.

Section 104.520 - Legal advice, representation — attorney general to provide legal services, when.

Section 104.530 - Actions by and against system — process, how served — venue.

Section 104.540 - Law creates vested rights — certain contributions may be withheld from benefits and paid over.

Section 104.550 - Consulting firms assisting board, preference to be given Missouri based companies, when.

Section 104.552 - Department of health and senior services employee entitled to creditable prior service, when — application, time period.

Section 104.601 - Years of service to include unused accumulated sick leave, when — credited sick leave not counted for vesting purposes — applicable also to teachers' and school employees' retirement system.

Section 104.602 - Creditable service not previously credited to members of either system to be credited, when — duplicate credit prohibited — death of a member prior to exercise of transfer rights, rights of survivor.

Section 104.603 - Reciprocal transfer of creditable service, when.

Section 104.604 - Surviving spouse to receive benefits from only one member — right to elect.

Section 104.605 - Eligible rollover distribution and eligible retirement plan defined — compliance with IRS code required, when.

Section 104.606 - Purchase of creditable service, required before receipt of retirement annuity.

Section 104.608 - General assembly member may become consultant if denied credit in system due to membership in other state systems — compensation to be creditable service for all service in general assembly.

Section 104.610 - Special consultants, employment as, when — compensation, how, calculation of — severability provisions — former members as special consultants, when — certain special consultants may be eligible for survivor benefits.

Section 104.612 - Consultants, extra duty, compensation — benefit increases, limitations — survivors of judges, administrative law judges, and legal advisors to be consultants — limited survivor benefits extended to all members, one-time refund payme...

Section 104.615 - Minimum monthly benefits.

Section 104.620 - Contribution refund to members — effect on benefits — record retention — reversion to credit of fund, when — reversion of unclaimed benefits, when — refund received, when.

Section 104.621 - Affirmative action plan for hiring money managers, brokers and investment counselors, required — report to joint committee on public employee retirement.

Section 104.625 - Annuities and lump sum payments, when, determination of amount.

Section 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 most advantageous benefits.

Section 104.801 - Health benefit coverage mandated by general assembly to be applicable to health benefit plans for state employees.

Section 104.805 - Employees transferred to department of transportation (MoDOT) not members of closed department of transportation and highway patrol employees' retirement system unless election made, procedure.

Section 104.806 - Certain employees transferred to MoDOT, not to become members of MoDOT retirement system unless elect to, procedure.

Section 104.810 - Water patrol employees, membership options.

Section 104.1003 - Definitions.

Section 104.1006 - Year 2000 plan, citation, applicability of other provisions.

Section 104.1009 - Membership in year 2000 plan.

Section 104.1012 - Plans to be managed by appropriate boards.

Section 104.1015 - Election into year 2000 plan, effect of — comparison of plans provided — calculation of annuity.

Section 104.1018 - Vesting of benefits, when — reemployment of member, effect of.

Section 104.1021 - Credited service determined by board — calculation.

Section 104.1024 - Retirement, application — annuity payments, how paid, amount — election to receive annuity or lump sum payment for certain employees, determination of amount.

Section 104.1027 - Options for election of annuity reduction — spouse's benefits — dissolution of marriage, cancellation of election, when.

Section 104.1030 - Death prior to annuity starting date, effect of — surviving spouse's benefits — children's benefits — applicability to members of general assembly and statewide officials.

Section 104.1033 - Early retirement annuity, when.

Section 104.1036 - Deferred annuity, when — annuity starting date election — death of member, effect on annuity.

Section 104.1039 - Reemployment of a retiree, effect on annuity — cost-of-living adjustments.

Section 104.1042 - Long-term disability, effect on retiree's annuity.

Section 104.1045 - Cost-of-living adjustment, amount.

Section 104.1048 - Waiver of monthly payment or COLA.

Section 104.1051 - Annuity deemed marital property — division of benefits.

Section 104.1054 - Benefits are obligations of the state — benefits not subject to execution, garnishment, attachment, writ of sequestration — benefits unassignable — reversion of benefits, when — refund received, when.

Section 104.1057 - Year 2000 plan, a qualified plan according to federal law.

Section 104.1060 - Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when.

Section 104.1063 - Rulemaking authority.

Section 104.1066 - Actuarial evaluations, methods used — certification of contribution rate, when.

Section 104.1069 - Trust established, investment of funds.

Section 104.1072 - Life insurance benefits — medical insurance for certain retirees.

Section 104.1075 - Disability income benefits.

Section 104.1078 - Separate accounts established for benefits — contributions by the state — board to determine premiums.

Section 104.1081 - Life insurance and disability benefit programs established — board rules.

Section 104.1084 - Retirement benefits, general assembly members — COLA permitted, when — ineligibility for benefits.

Section 104.1087 - Credited service with multiple plans, payable annuity amount.

Section 104.1089 - Deferred annuity, when — forfeiture of creditable service and long-term disability benefits.

Section 104.1090 - Additional credited service, when.

Section 104.1091 - New employees, normal retirement eligibility — vesting requirements — temporary annuity, when — early retirement annuity, when — minimum credited service requirements — contribution amount — options — conditions for retirement afte...

Section 104.1092 - Deferred annuity, one-time election, when — forfeiture of creditable service — ineligibility for long-term disability benefits.

Section 104.1093 - Designation of an agent — benefit recipient defined — revocation of agent's authority.

Section 104.1200 - Definitions.

Section 104.1205 - Duties of board.

Section 104.1210 - No credited service for outside employee or member, when — information provided by institutions and administrators, when.

Section 104.1215 - Outside employee's election for membership, when.