Effective - 28 Aug 2011
169.328. Accumulated contributions returned to member, when — eligible rollover distributions, election for distribution. — 1. Should a member cease to be a regular employee, except by retirement, the member, if living, shall be paid on demand, made by written notice to the board of trustees, the amount of the person's accumulated contributions (with interest as determined by the board of trustees as provided in sections 169.270 to 169.400) standing to the credit of the person's individual account in the employees' contribution fund. The accumulated contributions with interest shall not be paid to a member so long as the person remains a regular employee or before the member incurs a break in service. If the member dies before retirement such accumulated contributions (with interest) shall be paid to the member's estate or designated beneficiary unless the provisions of subsection 3 of section 169.326 apply.
2. If a former unvested member's accumulated contributions have not been withdrawn four years after the person has ceased to be a member (other than by reason of death or retirement), the board of trustees shall pay the same to such former member within a reasonable time after the expiration of such four-year period.
3. If, on account of undeliverability, improper mailing or forwarding address, or other similar problem, the board of trustees is unable to refund the accumulated contributions of a former unvested member or to commence payment of retirement benefits within four years after the end of the calendar year in which such former member ceased to be a regular employee, the board may transfer the accumulated contributions to the general reserve fund. If, thereafter, written application is made to the board of trustees for such refund or benefits, the board shall cause the same to be paid from the general reserve fund, but no interest shall be accrued after the end of the fourth year following the end of the calendar year in which such former member ceased to be a regular employee.
4. In its discretion the board of trustees may approve extensions of any time periods in this section on account of a former member's military or naval service, academic study or illness.
5. Any member or beneficiary who is entitled to receive a distribution that is an eligible rollover distribution, as defined in Section 402(c)(4) of the Internal Revenue Code of 1986, as amended, may elect to have that distribution transferred directly to another eligible retirement plan, as defined in Section 402(c)(8) of the Internal Revenue Code of 1986, as amended, designated by the member or beneficiary in accordance with procedures established by the board of trustees. An eligible rollover distribution shall include a distribution to a nonspouse beneficiary that is treated as an eligible rollover distribution under Section 402(c)(11) of the Internal Revenue Code of 1986, as amended. All such transfers shall be made in compliance with the requirements of Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, and regulations thereunder.
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(L. 1943 p. 787 § 6, A.L. 1945 p. 1342, A.L. 1951 p. 477, A.L. 1957 p. 396 § 169.320, A.L. 1961 p. 369, A.L. 1982 H.B. 1522, A.L. 1994 S.B. 575, A.L. 1995 S.B. 378, A.L. 1997 H.B. 169 merged with S.B. 309, A.L. 1998 H.B. 1299 merged with S.B. 761, A.L. 2004 H.B. 1502 merged with S.B. 1242, A.L. 2011 H.B. 229)
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 169 - Teacher and School Employee Retirement Systems
Section 169.010 - Definitions.
Section 169.021 - Transfer of teachers from urban district to state retirement system — procedure.
Section 169.022 - Board of education in sections 169.020 and 169.021 defined.
Section 169.035 - Additional deposits by members, when.
Section 169.045 - Bank deposits of system, how secured.
Section 169.050 - Membership — prior service credit, withdrawal — reinstatement contributions.
Section 169.060 - Retirement and disability.
Section 169.080 - Correction of errors in benefits — adjustment.
Section 169.090 - Funds not subject to execution, garnishment, attachment.
Section 169.100 - Gifts accepted.
Section 169.110 - Appropriations made by general assembly to be repaid in two-year period.
Section 169.270 - Definitions.
Section 169.295 - Board of trustees, powers and duties.
Section 169.311 - One year creditable service, how computed.
Section 169.320 - Member may retire, when.
Section 169.326 - Optional plans for payment of benefits — limitations — waiver.
Section 169.380 - Immunity from execution, garnishment or attachment.
Section 169.390 - Limitation of state contributions.
Section 169.400 - Correction of errors in benefits — adjustment.
Section 169.410 - Definitions.
Section 169.420 - Retirement system — how managed.
Section 169.430 - Who shall be members.
Section 169.466 - Annual pension increase, when.
Section 169.476 - Insurance for retired members may be provided — rules and regulations.
Section 169.510 - Obligations of system paid how — effect of change in law.
Section 169.530 - False statement, misdemeanor — correction of records — adjustment.
Section 169.540 - State shall contribute no funds — exceptions.
Section 169.560 - Retirees may be employed, when — salary amount, effect on benefits, exception.
Section 169.566 - School retirement systems to conduct study.
Section 169.569 - Joint rules promulgated, procedure.
Section 169.573 - Plan for utilization of minority professionals, report.
Section 169.574 - Members may designate trust as beneficiary.
Section 169.587 - Benefits exempted from taxation and creditors — benefits not assignable.
Section 169.597 - Hancock amendment standing — certain statutes void, when.
Section 169.600 - Definitions.
Section 169.610 - System established — board of trustees to administer — funds to be kept separate.
Section 169.640 - Bank deposits of system, how secured.
Section 169.650 - Membership — prior service credit — reinstatement — procedure.
Section 169.670 - Benefits, how computed — beneficiary benefits, options, election of.
Section 169.680 - Penalty for false statements — correction of errors in benefits — adjustment.
Section 169.690 - Funds not subject to execution, garnishment, attachment.
Section 169.700 - Gifts accepted.
Section 169.750 - Indemnification permitted, when — insurance or indemnity policies authorized.