Missouri Revised Statutes
Chapter 169 - Teacher and School Employee Retirement Systems
Section 169.350 - Assets held in two funds — source and disbursement — deductions — contributions, employer may elect to pay part or all of employee's contribution, procedure — rate of contributions to be calculated.

Effective - 28 Aug 2018, 2 histories
169.350. Assets held in two funds — source and disbursement — deductions — contributions, employer may elect to pay part or all of employee's contribution, procedure — rate of contributions to be calculated. — 1. All of the assets of the retirement system (other than tangible real or personal property owned by the retirement system for use in carrying out its duties, such as office supplies and furniture) shall be credited, according to the purpose for which they are held, in either the employees' contribution fund or the general reserve fund.
(1) The employees' contribution fund shall be the fund in which shall be accumulated the contributions of the members. The employer shall, except as provided in subdivision (5) of this subsection, cause to be deducted from the compensation of each member on each and every payroll, for each and every payroll period, the pro rata portion of five and nine-tenths percent of his annualized compensation. Effective January 1, 1999, through December 31, 2013, the employer shall deduct an additional one and six-tenths percent of the member's annualized compensation. For 2014 and for each subsequent year, the employer shall deduct from each member's annualized compensation the rate of contribution determined for such year as provided in subsections 4, 5, and 6 of this section.
(2) The employer shall pay all such deductions and any amount it may elect to pay pursuant to subdivision (5) of this subsection to the retirement system at once. The retirement system shall credit such deductions and such amounts to the individual account of each member from whose compensation the deduction was made or with respect to whose compensation the amount was paid pursuant to subdivision (5) of this subsection. In determining the deduction for a member in any payroll period, the board of trustees may consider the rate of compensation payable to such member on the first day of the payroll period as continuing throughout such period.
(3) The deductions provided for herein are declared to be a part of the compensation of the member and the making of such deductions shall constitute payments by the member out of the person's compensation and such deductions shall be made notwithstanding that the amount actually paid to the member after such deductions is less than the minimum compensation provided by law for any member. Every member shall be deemed to consent to the deductions made and provided for herein, and shall receipt for the person's full compensation, and the making of the deduction and the payment of compensation less the deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered during the period covered by the payment except as to benefits provided by sections 169.270 to 169.400.
(4) The accumulated contributions with interest of a member withdrawn by the person or paid to the person's estate or designated beneficiary in the event of the person's death before retirement shall be paid from the employees' contribution fund. Upon retirement of a member the member's accumulated contributions with interest shall be transferred from the employees' contribution fund to the general reserve fund.
(5) The employer may elect to pay on behalf of all members all or part of the amount that the members would otherwise be required to contribute to the employees' contribution fund pursuant to subdivision (1) of this subsection. Such amounts paid by the employer shall be in lieu of members' contributions and shall be treated for all purposes of sections 169.270 to 169.400 as contributions made by members. Notwithstanding any other provision of this chapter to the contrary, no member shall be entitled to receive such amounts directly. The election shall be made by a duly adopted resolution of the employer's board and shall remain in effect for at least one year from the effective date thereof. The election may be thereafter terminated only by an affirmative act of the employer's board notwithstanding any limitation in the term thereof in the adopting resolution. Any such termination resolution shall be adopted at least sixty days prior to the effective date thereof, and the effective date thereof shall coincide with a fiscal year-end of the employer. In the absence of such a termination resolution, the election shall remain in effect from fiscal year to fiscal year.
2. The general reserve fund shall be the fund in which shall be accumulated all reserves for the payment of all benefit expenses and other demands whatsoever upon the retirement system except those items heretofore allocated to the employees' contribution fund.
(1) All contributions by the employer, except those the employer elects to make on behalf of the members pursuant to subdivision (5) of subsection 1 of this section, shall be credited to the general reserve fund.
(2) Should a retirant be restored to active service and again become a member of the retirement system, the excess, if any, of the person's accumulated contributions over benefits received by the retirant shall be transferred from the general reserve fund to the employees' contribution fund and credited to the person's account.
3. Gifts, devises, bequests and legacies may be accepted by the board of trustees and deposited in the general reserve fund to be held, invested and used at its discretion for the benefit of the retirement system except where specific direction for the use of a gift is made by a donor.
4. Beginning in 2013, the actuary for the retirement system shall annually calculate the rate of employer contributions and member contributions for 2014 and for each subsequent calendar year through 2018, expressed as a level percentage of the annualized compensation of the members, subject to the following:
(1) The rate of contribution for any calendar year shall be determined based on an actuarial valuation of the retirement system as of the first day of the prior calendar year. Such actuarial valuation shall be performed using the actuarial cost method and actuarial assumptions adopted by the board of trustees and in accordance with accepted actuarial standards of practice in effect at the time the valuation is performed, as promulgated by the actuarial standards board or its successor;
(2) The target combined employer and member contribution rate shall be the amount actuarially required to cover the normal cost and amortize any unfunded accrued actuarial liability over a period that shall not exceed thirty years from the date of the valuation;
(3) The target combined rate as so determined shall be allocated equally between the employer contribution rate and the member contribution rate, provided, however, that the level rate of contributions to be paid by the employers and the level rate of contributions to be deducted from the compensation of members for any calendar* year shall each be limited as follows:
(a) The contribution rate shall not be less than seven and one-half percent;
(b) The contribution rate shall not exceed nine percent; and
(c) Changes in the contribution rate from year to year shall be in increments of one-half percent such that the contribution rate for any year shall not be greater than or less than the rate in effect for the prior year by more than one-half percent;
(4) The board of trustees shall certify to the employers the contribution rate for the following calendar year no later than six months prior to the date such rate is to be effective.
5. The member contribution rate for 2019 and subsequent periods shall be nine percent of compensation unless a lower member contribution rate applies for any period beginning on or after July 1, 2021, in accordance with the provisions of subdivision (4) of subsection 6 of this section.
6. The employer contribution rate for calendar year 2019 shall be ten and one-half percent. The employer contribution rate for the eighteen-month period beginning January 1, 2020, through June 30, 2021, shall be twelve percent. For the twelve-month period beginning July 1, 2021, and for each subsequent twelve-month period beginning July first each year, the employer contribution rate shall be determined as follows:
(1) The actuary shall determine the total actuarially required contribution based on an actuarial valuation of the retirement system as of the first day of the preceding calendar year. Such actuarial valuation shall be performed using the actuarial cost method and actuarial assumptions adopted by the board of trustees and in accordance with actuarial standards of practice applicable as of the valuation date. The total actuarially required contribution rate, including both employer and member contributions, shall be an amount determined in accordance with the board's current funding policy, expressed as a level percentage of the annualized compensation of the members;
(2) If the retirement system's funded ratio as of the first day of the preceding calendar year is below one hundred percent, the employer contribution rate shall be the greater of twelve percent or the difference between the total actuarially required contribution rate and the nine percent member contribution rate, subject to the limits on annual adjustments stated in subdivision (6) of this subsection;
(3) If the retirement system's funded ratio as of the first day of the preceding calendar year equals or exceeds one hundred percent and the total actuarially required contribution rate exceeds eighteen percent, the employer contribution rate shall be the difference between the total actuarially required contribution rate and the nine percent member contribution rate, subject to the limits on annual adjustments stated in subdivision (6) of this subsection;
(4) If the retirement system's funded ratio as of the first day of the preceding calendar year equals or exceeds one hundred percent and the total actuarially required contribution rate does not exceed eighteen percent, the total actuarially required contribution rate shall be allocated equally between the employer contribution rate and the member contribution rate. If the total actuarially required contribution rate falls below eighteen percent after being above eighteen percent for the preceding twelve-month period, the member contribution rate and the employer contribution rate shall be adjusted to one-half of the total actuarially required contribution rate for such period, regardless of the magnitude of the decrease from the rate in effect for the prior period, in order to equalize the employer and member contribution rates. Otherwise, adjustments in the contribution rates shall be limited by the annual adjustment limits stated in subdivision (6) of this subsection;
(5) If the retirement system's funded ratio as of the first day of the preceding calendar year again falls below one hundred percent, or if the total actuarially required contribution rate rises above eighteen percent, the provisions of subdivision (2) or (3) of this subsection shall apply, as applicable, subject to the limits on annual adjustments stated in subdivision (6) of this subsection;
(6) Except as stated in subdivision (4) of this subsection, in transitioning to the contribution rates prescribed in this subsection for periods beginning on or after July 1, 2021, the employer contribution rate and the member contribution rate, respectively, shall not increase by more than one percent or decrease by more than one-half percent for any period from the corresponding rate in effect immediately before such increase or decrease; and
(7) The board of trustees shall certify to the employers the contribution rate to be effective for July 1, 2021, and for each following July first, no later than six months prior to the date such rate is to be effective.
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(L. 1943 p. 787 § 9, A.L. 1951 p. 477, A.L. 1957 p. 396, A.L. 1961 p. 369, A.L. 1965 p. 291, A.L. 1967 lst Ex. Sess. p. 885, A.L. 1971 S.B. 140, A.L. 1973 H.B. 375, A.L. 1974 S.B. 574, A.L. 1978 H.B. 1503, A.L. 1982 H.B. 1522, A.L. 1989 S.B. 146, A.L. 1990 H.B. 1347, et al., A.L. 1993 S.B. 126, A.L. 1994 S.B. 575, A.L. 1998 S.B. 761, A.L. 2013 S.B. 17 merged with S.B. 23, A.L. 2018 S.B. 892)
*Word "calender" appears in original rolls.

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XI - Education and Libraries

Chapter 169 - Teacher and School Employee Retirement Systems

Section 169.010 - Definitions.

Section 169.020 - System created, what districts included — trustees, appointment, terms, qualifications, election, duties — venue — audit, when — interest.

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 169.030 - Contributions by members and employees, exceptions — rate — withholding required — board to fix rate, conditions.

Section 169.033 - Contributions by members may be required to be credited to members' accounts by employer, board may adopt plan.

Section 169.035 - Additional deposits by members, when.

Section 169.040 - Funds of retirement system, how invested — delegation of investment authority — investments, manner of making, form — designated depository — electronic funds transfer required — closed meetings authorized, when.

Section 169.045 - Bank deposits of system, how secured.

Section 169.050 - Membership — prior service credit, withdrawal — reinstatement contributions.

Section 169.055 - Purchase of equivalent service, leave of absence — part-time teachers may receive creditable service, when.

Section 169.056 - Private school, defined — membership credit for service in private school, purchase, payment, requirements.

Section 169.060 - Retirement and disability.

Section 169.070 - Retirement allowances, how computed, election allowed, time period — options — effect of federal O.A.S.I. coverage — cost-of-living adjustment authorized — limitation of benefits — employment of special consultant, compensation, min...

Section 169.073 - Partial lump sum distribution, when — options — calculation for changes in distribution amount — death, effect of.

Section 169.075 - Survivors' benefits, options — purchase of prior service credits for previous service in another Missouri public school retirement system, cost — monthly retirement allowance — special consultant qualification, compensation, duties...

Section 169.076 - Death without a valid designated beneficiary, effect of — most recent valid designation of beneficiary revokes previous designations.

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 169.130 - Teachers at state institutions prior to August 13, 1986, to be members — teachers employed by teachers' association to be members — contributions.

Section 169.140 - Community college, public, full-time employee may be member of retirement system, exception.

Section 169.141 - Successor beneficiary may be nominated by person receiving reduced allowance, when, procedure — allowance increase, when.

Section 169.270 - Definitions.

Section 169.280 - Retirement system created — system, how managed — federal qualified plan, intent as, administration of plan, effect on.

Section 169.291 - Board of trustees, qualifications, terms — superintendent of school district to be member — vacancies — lapse of corporate organization, effect of — oaths — officers — expenses — powers and duties — medical board, appointment — actu...

Section 169.295 - Board of trustees, powers and duties.

Section 169.296 - Indemnity and protection of trustee or employee, limitations — insurance — notice required, when.

Section 169.301 - Retirement benefits to vest, when — amount, how computed — option of certain members to transfer plans, requirements — retirant becoming active member, effect on benefits — termination of system, effect of — military service, effect...

Section 169.311 - One year creditable service, how computed.

Section 169.315 - Rules, regulations to permit purchase of creditable service, requirements — eligibility.

Section 169.320 - Member may retire, when.

Section 169.322 - Retirement for disability — periodic examination — subsequent reemployment and retirement.

Section 169.324 - Retirement allowances, amounts — retirants may substitute without affecting allowance, limitation — annual determination of ability to provide benefits, standards — action plan for use of minority and women money managers, brokers a...

Section 169.326 - Optional plans for payment of benefits — limitations — waiver.

Section 169.328 - Accumulated contributions returned to member, when — eligible rollover distributions, election for distribution.

Section 169.331 - Retired teachers may teach full time without loss of benefits, when — school district requirements.

Section 169.350 - Assets held in two funds — source and disbursement — deductions — contributions, employer may elect to pay part or all of employee's contribution, procedure — rate of contributions to be calculated.

Section 169.360 - Trustees shall report annually to employers district's contribution, certification — transfer of funds.

Section 169.370 - Obligations chargeable to general revenue fund — alteration of existing rights prohibited.

Section 169.380 - Immunity from execution, garnishment or attachment.

Section 169.390 - Limitation of state contributions.

Section 169.395 - Procedural requirements waived for members, retirants and beneficiaries, by board of trustees, when.

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 169.435 - Revocation of election of coverage made on or ninety days after October 13, 1961, procedure, effect on creditable service.

Section 169.440 - Years of service, how determined — purchase of credit for service, limitations and conditions.

Section 169.450 - Trustees — selection, qualifications, powers and duties — circuit court's jurisdiction over board — board's authority to make rules for administering assets of system.

Section 169.460 - Retirement, when — pensions, how computed — early retirement, when, pensions, how computed — disability retirement, when, pensions, how computed — death before retirement, effect of — beneficiary defined, benefits, how computed — re...

Section 169.466 - Annual pension increase, when.

Section 169.471 - Board of education authorized to increase retirement benefits, adopt and implement additional plans.

Section 169.475 - Retired member, employment as special advisor, duties, compensation — district to reimburse system, when.

Section 169.476 - Insurance for retired members may be provided — rules and regulations.

Section 169.480 - Board to be trustees of funds — investment — income credited — payments, how made — current funds kept — duties of trustees.

Section 169.490 - Assets of system to be held as one fund — contribution, rate, how collected — employer's contribution rate to be calculated annually.

Section 169.500 - Certification of amount to be paid to retirement system, inclusion in annual budget estimates.

Section 169.510 - Obligations of system paid how — effect of change in law.

Section 169.520 - Funds not subject to execution, garnishment or attachment and not assignable — exceptions.

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 169.561 - Retirees return to work considered new membership in applicable retirement system — vesting period, contributions, service credit — termination, withdrawal of contributions, when.

Section 169.563 - Retirement in certain systems at fifty-five or older with five years service, procedure, computation of benefits.

Section 169.566 - School retirement systems to conduct study.

Section 169.569 - Joint rules promulgated, procedure.

Section 169.570 - Employment of person having rights in more than one retirement system, may purchase membership credit — purchase of equivalent credit, when, requirements.

Section 169.572 - Dissolution of marriage, court not to divide retirement benefits or Social Security benefits.

Section 169.573 - Plan for utilization of minority professionals, report.

Section 169.574 - Members may designate trust as beneficiary.

Section 169.576 - Authorizes board to provide for reciprocal creditable service transfers with other states.

Section 169.577 - Purchase of additional creditable service to achieve minimum time required for allowance — request, form, purchase, requirements, term.

Section 169.585 - Certain retired teachers to be employed by retirement system as special school advisors and supervisors, when — actuarially unsound, effect of.

Section 169.587 - Benefits exempted from taxation and creditors — benefits not assignable.

Section 169.589 - Discharge from Armed Forces, defined — members may elect to pay contribution to system for service time — reemployment by school district, contribution by district to be paid, when.

Section 169.590 - Health plans for school district employees to include retirees, families of retirees and survivors.

Section 169.595 - Sick leave or under workers' compensation, employee may receive creditable service for leave time, requirements.

Section 169.596 - Retired teacher may teach full time without loss of retirement benefits, when — school district requirements.

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 169.611 - Community college district retirement system may merge with public education employees' retirement system.

Section 169.620 - Contributions by members and employers — rate — penalty for failure to remit — benefits to be reduced, when — purchase of service credit, certain members, how.

Section 169.625 - Board of trustees may adopt plan requiring all contributions by employee to be paid directly to retirement system.

Section 169.630 - Funds of system, how invested, how accounted for — bank or trust company to serve as depository and intermediary in investment of funds — title to securities, form — electronic funds transfer — closed meetings authorized, when.

Section 169.640 - Bank deposits of system, how secured.

Section 169.650 - Membership — prior service credit — reinstatement — procedure.

Section 169.655 - Purchase of membership credit for service to organization supporting education or research — limitations, requirements — transfer of funds.

Section 169.660 - Eligibility for retirement, when — temporary-substitute service for retiree authorized, limitation, no contribution from retiree required.

Section 169.663 - Disability retirement, when — return to duty, effect of disability payments — disability defined.

Section 169.670 - Benefits, how computed — beneficiary benefits, options, election of.

Section 169.673 - Partial lump sum distribution, when — changes in distribution amount, formula — death, effect of.

Section 169.676 - Death without a valid beneficiary designation, effect of — most recent valid designation of beneficiary revokes previous designations.

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 169.712 - Transfer to public school retirement system, certain public education employees, procedure.

Section 169.715 - Successor beneficiary may be nominated by person receiving reduced allowance, when, procedure — increase permitted, when.

Section 169.750 - Indemnification permitted, when — insurance or indemnity policies authorized.