Effective - 28 Aug 2019, 2 histories
70.600. Definitions. — The following words and phrases as used in sections 70.600 to 70.755, unless a different meaning is plainly required by the context, shall mean:
(1) "Accumulated contributions", the total of all amounts deducted from the compensations of a member and standing to the member's credit in his or her individual account in the members deposit fund, together with investment credits thereon;
(2) "Actuarial equivalent", a benefit of equal reserve value;
(3) "Allowance", the total of the annuity and the pension. All allowances shall be paid not later than the tenth day of each calendar month;
(4) "Annuity", a monthly amount derived from the accumulated contributions of a member and payable by the system throughout the life of a person or for a temporary period;
(5) "Beneficiary", any person who is receiving or designated to receive a system benefit, except a retirant;
(6) "Benefit program", a schedule of benefits or benefit formulas from which the amounts of system benefits can be determined;
(7) "Board of trustees" or "board", the board of trustees of the system;
(8) "Compensation", the remuneration paid an employee by a political subdivision or by an elected fee official of the political subdivision for personal services rendered by the employee for the political subdivision or for the elected fee official in the employee's public capacity; provided, that for an elected fee official, "compensation" means that portion of his or her fees which is net after deduction of (a) compensation paid by such elected fee official to his or her office employees, if any, and (b) the ordinary and necessary expenses paid by such elected fee official and attributable to the operation of his or her office. In cases where an employee's compensation is not all paid in money, the political subdivision shall fix the reasonable value of the employee's compensation not paid in money. In determining compensation no consideration shall be given to:
(a) Any nonrecurring single sum payment paid by an employer;
(b) Employer contributions to any employee benefit plan or trust;
(c) Any other unusual or nonrecurring remuneration; or
(d) Compensation in excess of the limitations set forth in Internal Revenue Code Section 401(a)(17). The limitation on compensation for eligible employees shall not be less than the amount which was allowed to be taken into account under the system as in effect on July 1, 1993. For purposes of this paragraph, an "eligible employee" is an individual who was a member of the system before the first plan year beginning after December 31, 1995;
(9) "Credited service", the total of a member's prior service and membership service, to the extent such service is standing to the member's credit as provided in sections 70.600 to 70.755;
(10) "Employee", any person regularly employed by a political subdivision who receives compensation from the political subdivision for personal services rendered the political subdivision, including any elected official of the political subdivision whose position requires his or her regular personal services and who is compensated wholly or in part on a fee basis, and including the employees of such elected fee officials who may be compensated by such elected fee officials. The term "employee" may include any elected county official. The term "employee" shall not include any person:
(a) Who is not an elected official of the political subdivision and who is included as an active member in any other plan similar in purpose to this system by reason of his or her employment with his or her political subdivision, except the federal Social Security Old Age, Survivors, and Disability Insurance Program, as amended; or
(b) Who acts for the political subdivision under contract; or
(c) Who is paid wholly on a fee basis, except elected officials and their employees; or
(d) Who holds the position of mayor, presiding judge, president or chairman of the political subdivision or is a member of the governing body of the political subdivision; except that, such an official of a political subdivision having ten or more other employees may become a member if the official is covered under the federal Social Security Old Age, Survivors, and Disability Insurance Program, as amended, by reason of such official's employment with his or her political subdivision, by filing written application for membership with the board after the date the official qualifies for such position or within thirty days after the date his or her political subdivision becomes an employer, whichever date is later;
(11) "Employer", any political subdivision which has elected to have all its eligible employees covered by the system;
(12) "Final average salary", the monthly average of the compensations paid an employee during the period of sixty or, if an election has been made in accordance with section 70.656, thirty-six consecutive months of credited service producing the highest monthly average, which period is contained within the period of one hundred twenty consecutive months of credited service immediately preceding his or her termination of membership. Should a member have less than sixty or, if an election has been made in accordance with section 70.656, thirty-six months of credited service, "final average salary" means the monthly average of compensation paid the member during his or her total months of credited service;
(13) "Fireman", any regular or permanent employee of the fire department of a political subdivision, including a probationary fireman. The term "fireman" shall not include:
(a) Any volunteer fireman; or
(b) Any civilian employee of a fire department; or
(c) Any person temporarily employed as a fireman for an emergency;
(14) "Member", any employee included in the membership of the system;
(15) "Membership service", employment as an employee with the political subdivision from and after the date such political subdivision becomes an employer, which employment is creditable as service hereunder;
(16) "Minimum service retirement age", age sixty for a member who is neither public safety personnel as defined in section 70.631, a policeman, nor a fireman; "minimum service retirement age", age fifty-five for a member who is public safety personnel as defined in section 70.631, a policeman, or a fireman;
(17) "Pension", a monthly amount derived from contributions of an employer and payable by the system throughout the life of a person or for a temporary period;
(18) "Policeman", any regular or permanent employee of the police department of a political subdivision, including a probationary policeman. The term "policeman" shall not include:
(a) Any civilian employee of a police department; or
(b) Any person temporarily employed as a policeman for an emergency;
(19) "Political subdivision", any governmental subdivision of this state created pursuant to the laws of this state, and having the power to tax, except public school districts; a board of utilities or a board of public works which is required by charter or ordinance to establish the compensation of employees of the utility separate from the compensation of other employees of the city may be considered a political subdivision for purposes of sections 70.600 to 70.755; a joint municipal utility commission may be considered a political subdivision for purposes of sections 70.600 to 70.755;
(20) "Prior service", employment as an employee with the political subdivision prior to the date such political subdivision becomes an employer, which employment is creditable as service hereunder;
(21) "Regular interest" or "investment credits", such reasonable rate or rates per annum, compounded annually, as the board shall adopt annually;
(22) "Reserve", the present value of all payments to be made on account of any system benefit based upon such tables of experience and regular interest as the board shall adopt from time to time;
(23) "Retirant", a former member receiving a system allowance by reason of having been a member;
(24) "Retirement system" or "system", the Missouri local government employees' retirement system.
--------
(L. 1967 p. 141 § 1, A.L. 1971 H.B. 63, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 630, A.L. 1983 H.B. 341, A.L. 1984 H.B. 874, A.L. 1986 S.B. 420, A.L. 1987 S.B. 276, A.L. 1988 H.B. 1098, A.L. 1989 S.B. 230, A.L. 1992 H.B. 1440, A.L. 1994 H.B. 1606, A.L. 1999 H.B. 464 merged with S.B. 410, A.L. 2019 S.B. 17)
CROSS REFERENCE:
County health center's insurance and retirement plans for employees, the definition of political subdivision to apply, 205.115
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 70 - Powers of Political Subdivisions to Cooperate or Contract with Governmental Units
Section 70.020 - Petition for election concerning joint proposal.
Section 70.040 - Form of ballot.
Section 70.050 - Certification of election to secretary of state — vote necessary for adoption.
Section 70.070 - Procedure for withdrawal from joint undertaking.
Section 70.080 - Effect of withdrawal or dissolution.
Section 70.090 - Additional counties may join county group — procedure.
Section 70.110 - Compliance with provisions of Surplus Property Act of 1944.
Section 70.130 - County commissions empowered to make agreements with United States.
Section 70.140 - Political subdivisions shall be notified of agreements.
Section 70.150 - County treasurer shall present bill.
Section 70.160 - County treasurer shall disburse money — acceptance construed as approval.
Section 70.170 - Political subdivisions authorized to enter into agreements — when.
Section 70.180 - Amount of payments — how determined.
Section 70.190 - Money received — where deposited.
Section 70.200 - Services to property may not be denied.
Section 70.226 - Local public health agencies considered political subdivision, when, what purpose.
Section 70.230 - Procedure for exercising power.
Section 70.240 - Lands may be acquired — how — by whom.
Section 70.250 - Method of financing.
Section 70.260 - Provisions which may be included in the joint contract.
Section 70.270 - Sovereignty to be retained.
Section 70.280 - Office of facility taken over may be abolished and duties transferred.
Section 70.290 - Immunities and liabilities of officers.
Section 70.300 - Execution of contracts.
Section 70.310 - Disbursement of funds.
Section 70.320 - Suits may be brought in circuit courts.
Section 70.327 - Kansas-Missouri flood prevention and control compact.
Section 70.330 - Power of city over 100,000 inhabitants to contract for certain purposes.
Section 70.340 - Cities may build sewers or levees, how, where.
Section 70.350 - Power to pay.
Section 70.360 - Power given to distribute cost.
Section 70.373 - Additional powers of bi-state agency.
Section 70.375 - Tax status of property and bonds of bi-state agency.
Section 70.377 - Securities as lawful investments.
Section 70.379 - Inclusion of minority and women business enterprises, conditions.
Section 70.380 - Commissioners of bi-state agency, appointment, qualifications.
Section 70.385 - Nominees for appointment selected from panel, procedure, panel members designated.
Section 70.390 - Terms of commissioners.
Section 70.400 - Vacancies filled, how.
Section 70.410 - Commissioners to receive expenses only.
Section 70.420 - Powers and duties of commissioners.
Section 70.421 - Commissioners may meet by telephone — public meeting.
Section 70.422 - Buses, power to purchase and use — lights, color and intensity authorized.
Section 70.427 - Certain sections not to limit collective bargaining agreement.
Section 70.429 - United States Department of Transportation safety rules to apply.
Section 70.501 - Metropolitan culture commission to be special district.
Section 70.503 - Sovereign immunity to apply.
Section 70.505 - Expenses reimbursed.
Section 70.510 - Expiration of compact, when.
Section 70.515 - Regional investment district compact with Kansas and Missouri.
Section 70.520 - Regional investment districts deemed special districts.
Section 70.525 - Sovereign immunity applicable to regional investment district and commissioners.
Section 70.530 - Members of the regional investment district commission reimbursed, when.
Section 70.540 - Regional investment district compact expires, when.
Section 70.610 - Election to become an employer, when effective — who covered.
Section 70.615 - Other plans prohibited, exceptions.
Section 70.620 - Prior plan, effect of — discrimination between employees prohibited.
Section 70.625 - Employees acquired from another subdivision or private business, how handled.
Section 70.630 - Membership, composition.
Section 70.638 - Elected county officials, may purchase prior service, procedure.
Section 70.645 - Retirement, when eligible — eligibility for option.
Section 70.646 - Alternate election, system may provide for, how.
Section 70.650 - Mandatory retirement age, how determined.
Section 70.670 - Early retirement, application — requirements — option — benefits, how computed.
Section 70.680 - Disability retirement — medical examinations required, when — option.
Section 70.686 - Retirant becoming reemployed in the system, effect of.
Section 70.700 - Assets of system to be in five funds.
Section 70.707 - Elimination of member contributions, refunding of, procedure.
Section 70.710 - Employer accumulation fund, created, uses — employer contributions.
Section 70.715 - Benefit reserve fund, created, uses.
Section 70.720 - Casualty reserve fund, created, source of funds, uses.
Section 70.722 - Allowances and benefits, all payments to be made from benefit reserve fund, when.
Section 70.730 - Employer's contributions, how computed.
Section 70.740 - State not to contribute to system, exception.
Section 70.745 - Board may invest funds.
Section 70.746 - Board may delegate powers of investment, requirements — liability.
Section 70.747 - Board may invest in real estate — limitations.
Section 70.755 - Assets exempt from certain taxes.
Section 70.835 - Formation of major case squads authorized.
Section 70.840 - Citation of law.
Section 70.846 - Qualifying projects — limitations.
Section 70.858 - Jurisdiction for disputes, circuit court of Cole County.
Section 70.878 - Agreement entered into with county of another state, when.
Section 70.880 - State grants available to defray costs, eligibility.
Section 70.890 - Rogersville and Springfield to abide by agreement for annexation.