Missouri Revised Statutes
Chapter 169 - Teacher and School Employee Retirement Systems
Section 169.410 - Definitions.

Effective - 28 Aug 2001
169.410. Definitions. — The following words and phrases as used in sections 169.410 to 169.540, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Accumulated contributions", the sum of all amounts deducted from the compensation of a member and credited to the member's individual account together with interest allowed on such an account;
(2) "Actuarial equivalent", a benefit of equal value when computed upon the basis of interest and such mortality tables as shall be adopted by the board of trustees;
(3) "Average final compensation", the highest average annual compensation of the member received for any three consecutive years of credited service of the member's last ten years of credited service or if the member has had less than three years of such credited service, during the member's entire period of credited service;
(4) "Beneficiary", any person other than a retired member receiving a pension benefit, optional pension benefit or other benefit;
(5) "Board of education", the board of education or corresponding board having charge of the public schools of the school district other than those public schools which are operated by the board of regents;
(6) "Board of regents", the board of regents or corresponding board having charge of a public city teacher training school within the school district which was operated by its board of education prior to September 1, 1978;
(7) "Board of trustees", the board which administers the retirement system;
(8) "Charter school", any charter school established pursuant to sections 160.400 to 160.420 and located, at the time it is established, within the school district;
(9) "Compensation", the regular compensation which a member has earned as an employee during any period, excluding, however, any compensation earned by a person who became a member after December 31, 1995, which is in excess of the limitation set forth in Section 401(a)(17) of the Internal Revenue Code;
(10) "Consumer price index", the Consumer Price Index for All Urban Consumers for the United States, or its successor index, as approved by the board of trustees, as such index is defined and officially reported by the United States Department of Labor, or its successor agency;
(11) "Credited service", prior service plus membership service plus service purchased pursuant to applicable Missouri statute;
(12) "Employee", any person regularly employed by (a) the board of education, or (b) the board of trustees, or (c) the board of regents who was employed at a public teacher training school within the school district prior to September 1, 1978, and who did not become a member of the Missouri state employees' retirement system pursuant to section 104.342, or (d) a charter school. In case of doubt as to whether any person is an employee, the decision of the board of education, or the board of trustees, or the board of regents shall be final and conclusive;
(13) "Employer", the board of education, the board of trustees, the board of regents or a charter school;
(14) "Medical board", the board of physicians;
(15) "Member", a member of the retirement system defined as an:
(a) "Active member", a person who is an employee;
(b) "Inactive member", a former active member who has accumulated contributions with the retirement system; or
(c) "Retired member", a former active member who has retired and is receiving benefits;
(16) "Membership service", service rendered as an employee for which the employee received compensation. For the purpose of computing creditable service at retirement, membership service shall include a member's accumulated and unused days of sick leave. The decision of the employing board as to the number of accumulated and unused days of sick leave held by a member shall be final and conclusive;
(17) "Pension benefit" or "pension", monthly payments for life to a retired member or to such beneficiary as is entitled to the payments;
(18) "Prior service", service prior to the date the system became operative which is credited;
(19) "Public school", any school for elementary, secondary or higher education, open and public, which is supported and maintained from public funds and which is operated by the board of education of the school district, by the board of regents, or as a charter school as defined pursuant to sections 160.400 to 160.420;
(20) "Retired member", a member receiving a retirement benefit or other benefit;
(21) "Retirement system", the public school retirement system of a school district;
(22) "School administrator", an employee whose job classification is included on the school administrators' position schedule of the employing board;
(23) "School district", any metropolitan school district as defined pursuant to section 160.011;
(24) "Teacher", any teacher, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, who shall teach or be employed on a full-time basis in the public schools of a school district or charter school, except those teachers electing to become members of the Missouri state employees' retirement system pursuant to section 104.342. In case of doubt as to whether any person is a teacher, the decision of the board of education, or the board of regents with respect to individuals within its charge, shall be final and conclusive.
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(L. 1943 p. 805 § 1, A.L. 1949 p. 532, A.L. 1951 p. 513, A.L. 1953 pp. 438, 496, A.L. 1957 p. 462, A.L. 1961 p. 384, A.L. 1965 p. 293, A.L. 1967 p. 263, A.L. 1978 S.B. 542, A.L. 1979 S.B. 392, A.L. 1981 H.B. 33, et al., A.L. 1987 H.B. 558, et al. merged with H.B. 713, A.L. 1989 S.B. 146, A.L. 1995 S.B. 378, A.L. 1996 S.B. 860, A.L. 2001 H.B. 660)

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.