Effective - 15 May 2003
87.182. Deferred retirement option plan, established, may include self-directed program — procedures — election to stop participation, how — death, effect of — interest earned. — 1. The board may develop and establish a deferred retirement plan program (DROP) which may include a self-directed program, in which members eligible for retirement may participate. The DROP program shall be designed to allow members with at least twenty years of creditable service who have achieved eligibility for retirement and receipt of a service retirement allowance to continue active employment and defer receipt of the retirement allowance for a period not to exceed five years. Any member who has at least twenty years of creditable service may elect in writing before retirement to participate in the DROP program. A member electing to participate in the DROP program shall continue in active employment and shall not receive any direct retirement allowance payments during the time of participation. Upon the start of participation in the DROP program, the member shall make the contributions as provided in section 87.295. No contribution shall be required by the city. During the period of participation in the DROP program, the amount that the member would have received as a service retirement allowance shall be deposited monthly in the member's DROP account which shall be established in his or her name by the board. Service earned during the period of participation in the DROP program shall not be creditable service and shall not be counted in determination of any service retirement allowance.
2. If a member who has elected to participate in the DROP program chooses to stop participation in the DROP program, he or she shall notify the board in writing. Upon receipt of notice of a member's desire to end participation in the DROP program, the board shall return the member to non-DROP participation status and both the member and the city shall make the contributions required by sections 87.120 to 87.370. Service rendered after restoration of the member to non-DROP participation status shall be counted as creditable service. No member ending participation in the DROP program and returning to non-DROP participation status shall make any withdrawal from his or her DROP account until after termination of employment. If after return to non-DROP participation status, a member retires, the member's retirement allowance shall be computed on the combination of the member's pre-DROP service retirement allowance plus an additional allowance earned by a member after returning to non-DROP participation status. Post-DROP participation years of service will be the only years used in computing the additional allowance; however total years of creditable service will be used to determine the appropriate level of additional allowance, two percent or five percent, for each year of post-DROP participation service. Upon retirement the member shall receive additional benefits as provided under the provisions of sections 87.120 to 87.371 plus the amount which has accumulated in his or her DROP account. The amount in the member's DROP account shall be payable, at the member's option, either as a lump sum payment or as a periodic payment calculated according to a deferred payment plan established by the board.
3. A member who terminates employment after participation in the DROP program may withdraw any amount in his or her DROP account in a lump sum or according to a deferred payment plan established by the board at his option. If the member is eligible to receive a service retirement allowance, benefit payment shall begin at the time specified in sections 87.120 to 87.370.
4. If a member dies prior to termination of employment while participating in the DROP program, the funds in his or her DROP account shall be payable to the member's designated beneficiary under either of the following options:
(1) A lump sum payment equal to the amount in the member's DROP account shall be paid to the beneficiary or the member's estate. The benefits for a beneficiary provided under the provisions of sections 87.120 to 87.370 shall be based on the member's compensation and creditable service prior to the member's election to participate in the DROP program; or
(2) The beneficiary shall waive any right, claim or interest in the member's DROP account and any benefits payable to the beneficiary under the provisions of sections 87.120 to 87.370 shall be calculated as if the member had continued as an employee and had not elected to participate in the DROP program. Any funds in a DROP account which has been waived as provided in this subdivision shall become funds of the system.
5. If a member who has elected to participate in the DROP program subsequently applies for and receives benefits for an accidental disability retirement allowance under the provisions of section 87.205, the member shall forfeit all rights, claims or interest in his or her DROP account and the member's benefits shall be calculated as if the member had continued in employment and had not elected to participate in the DROP program. Any funds in a DROP account which has been forfeited as provided in this subsection shall become funds of the system.
6. Except in the case of any self-directed program, a member's DROP account shall earn interest equal to the percentage rate of return of the system's investment portfolio as certified annually by the system's actuary in the yearly evaluation report. Except in the case of any self-directed program, the interest shall be credited annually to the member's account beginning with the start of the second fiscal year of participation.
7. No member may elect to participate in the DROP program more than once.
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(L. 1993 H.B. 259 § 87.180, A.L. 1995 H.B. 260, et al. merged with S.B. 404, A.L. 2003 S.B. 456)
Effective 5-15-03
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 87 - Firefighters' Retirement and Relief Systems
Section 87.015 - How certain cities may be included in these provisions.
Section 87.020 - Creating board of trustees.
Section 87.025 - Duties and powers of board — assessment of members.
Section 87.030 - Rewards and gifts to pension fund.
Section 87.035 - Trustees may invest fund.
Section 87.040 - Disposition of interest — duties of legislative body of city.
Section 87.045 - Eligibility for and payment of a disability pension.
Section 87.050 - Death benefits, amount — eligibility — limitations.
Section 87.055 - Law applicable to whom.
Section 87.060 - Retirement pension, eligibility for and payment of.
Section 87.065 - Payments prorated when funds are insufficient.
Section 87.070 - Pension fund custodian.
Section 87.075 - Warrants, upon whom drawn.
Section 87.080 - Warrants, how drawn.
Section 87.085 - Annual report of condition of fund.
Section 87.090 - Fund exempt from execution.
Section 87.095 - Funeral expenses to be paid.
Section 87.100 - Relief associations may, by vote of members, amalgamate with board of trustees.
Section 87.105 - Penalty for misrepresentation.
Section 87.125 - Authorizing municipality to provide by ordinance for pensions.
Section 87.127 - Qualified government plan, retirement plan intended to be.
Section 87.130 - Membership requirements.
Section 87.145 - Board has exclusive original jurisdiction — review — rules and regulations.
Section 87.150 - Chairman — secretary — actuaries.
Section 87.155 - Data and record to be kept — annual report.
Section 87.160 - Legal adviser — medical board.
Section 87.165 - Actuarial investigation — establishment of contribution rates and tables.
Section 87.170 - Conditions of retirement.
Section 87.175 - Retirement for service — amount, how computed — refund of member's contribution.
Section 87.179 - Funding for increases in benefit provisions from future benefits fund.
Section 87.185 - Military service during war credited.
Section 87.190 - Disability retirement after five years of service.
Section 87.195 - Ordinary disability retirement, when, amount.
Section 87.200 - Retirement for accidental disability.
Section 87.205 - Accidental disability retirement allowance.
Section 87.207 - Cost-of-living increase, how determined.
Section 87.208 - Cost-of-living increases for certain persons, when — how computed.
Section 87.210 - Disability beneficiaries to undergo physical examinations.
Section 87.215 - Reduction and suspension of pension, when.
Section 87.230 - Widow may serve as special consultant, when, compensation, duties.
Section 87.235 - Payments on proof of accidental death in service — beneficiaries.
Section 87.237 - Retiree to become special advisor, when, compensation.
Section 87.240 - Accumulated contributions to be refunded, when.
Section 87.245 - Remainder of accumulated contributions paid to beneficiary.
Section 87.250 - Benefits under this law payable to whom.
Section 87.255 - Amounts payable by city under chapter 287 to be set off.
Section 87.262 - Representative may be appointed to hold title to investments.
Section 87.265 - Interest to be allowed — credit to members' accounts.
Section 87.270 - City treasurer to keep funds, how disbursed.
Section 87.275 - Amount kept on deposit.
Section 87.280 - Trustees, employees not to have interest in contracts or money.
Section 87.285 - Assets in four funds — names of.
Section 87.290 - Members' savings fund.
Section 87.295 - Contributions by member, how computed.
Section 87.305 - Refunds of contributions, when.
Section 87.310 - Repayment with interest of contributions withdrawn on reinstatement of member.
Section 87.315 - Benefit reserve fund.
Section 87.320 - General reserve fund.
Section 87.325 - Contributions by city to general reserve fund.
Section 87.330 - Normal contribution rate, determination of.
Section 87.335 - Accrued liability contribution rate, determination of.
Section 87.340 - Total amount payable to general reserve fund.
Section 87.350 - Expense fund, purposes, determination of amount.
Section 87.355 - Amounts due from city, certification, budget and appropriation.
Section 87.360 - Reserves made obligation of city.
Section 87.365 - Benefits exempt from taxes and civil process.
Section 87.367 - Health care plan may be adopted for retirees, procedure and funding.
Section 87.371 - Unused sick leave, how credited.
Section 87.380 - Fire departments in cities of over 100,000 may create relief fund.
Section 87.385 - Board of trustees, how composed.
Section 87.390 - City treasurer ex officio member of board.
Section 87.395 - Treasurer — duties — bond.
Section 87.400 - Creation of fire department pension fund — sources of revenue.
Section 87.405 - Moneys set apart for pension fund.
Section 87.410 - Authorizing a tax for firemen's pensions in certain cities.
Section 87.415 - Warrants to be drawn on treasurer.
Section 87.420 - Powers of board of trustees.
Section 87.425 - Members of department may be assessed.
Section 87.430 - Funds may be invested.
Section 87.435 - Who shall be beneficiaries.
Section 87.440 - Widow and children may be awarded retirement pay, when.
Section 87.445 - Widow and children beneficiaries, when.
Section 87.450 - Relatives, when.
Section 87.455 - Members may be retired, when.
Section 87.460 - Funds to be prorated, when.
Section 87.465 - Money paid beneficiaries only on warrant.
Section 87.470 - Funeral expenses.
Section 87.475 - Honorary members, admission of.
Section 87.480 - Board of trustees to make report.
Section 87.485 - Funds exempt from garnishment or other legal process.
Section 87.487 - Fund subject to domestic relations order (Kansas City).
Section 87.490 - Associations authorized to transfer funds.
Section 87.495 - Firemen's pension fund provided.
Section 87.500 - Membership continued after retirement.
Section 87.505 - Funds to create fire department pension fund.
Section 87.510 - Honorary members admitted.