FIRST REGULAR SESSION
HOUSE BILL NO. 659
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HAGAN-HARRELL.
Read 1st time February 6, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal section 104.370, RSMo 2000, relating to Missouri state employees' retirement system, and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 104.370, RSMo 2000, is repealed and one new section enacted in lieu thereof, to be known as section 104.370, to read as follows:
104.370. 1. Any member of the general assembly who has served at least three full biennial assemblies as a member of the general assembly and who meets the conditions for retirement at or after the member's normal retirement age shall be entitled to a normal annuity in a monthly amount equal to one hundred [fifty] sixty dollars multiplied by the number of biennial assemblies in which such member has served. For the purpose of calculating benefits due [under] pursuant to this subsection:
(1) Service in any portion of a biennial assembly after service in at least three biennial assemblies shall be credited as service in a full biennial assembly; and
(2) Any person who is elected as a member of the general assembly at a special election and who serves the remainder of that term to which he or she was elected at such special election shall receive credit for a full biennial assembly for such service.
2. If a member of either retirement system established by this chapter, who has served at least three full biennial assemblies as a member of the general assembly, is elected to a state office, appointed to a state office, or employed by the state before, after, or before and after his or her service as a member of the general assembly, the member may, at the end of such employment, receive upon retirement, at or after the member's normal retirement age, the amount which shall be due the member for creditable service as a member of the general assembly. If he or she has not fully vested as a result of his or her employment as other than a member of the general assembly, he or she shall be credited with additional service as a legislator just as though all of the service combined had in fact been rendered as a member of the general assembly and receive a normal annuity. If the member retires before normal retirement age, the member shall receive the actuarial reduction approved by the board. Nothing in this section shall allow any member to simultaneously accumulate service in more than one state retirement system as a member of the general assembly and an employee or state officer.
3. A member who has fully vested as a state officer or employee and has service as a member of the general assembly of less than three full biennial assemblies, upon retirement, at or after the member's normal retirement age, shall be credited with additional service as a state officer or employee for the time he or she served as a member of the general assembly. If the member retires before normal retirement age, he or she shall receive the actuarial reduction approved by the board.
4. Any member of the general assembly who has served at least three full biennial assemblies and whose service as such terminates on or after October 1, 1984, and who served as an employee, as that term is defined in section 104.010, prior to the respective dates on which the retirement systems to which such sections apply originally became effective, but was not such an employee on such dates, shall be entitled to the creditable prior service that such employee would have been entitled to in either or both systems had such employee become a member on the date of inception of either or both systems. The maximum number of years of creditable prior service to which a member may become entitled pursuant to this section is less than ten years. The benefits attributable to such service shall be calculated as if all service was rendered as a member of the general assembly.
5. Any former member of the general assembly who is receiving benefits [under] pursuant to the provisions of this section shall, upon written request to the board, be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement and other related matters and shall upon request of the board give opinions in writing or orally in response to such requests. As compensation for such services, the retired member shall have his or her retirement benefits recalculated the first of the month next following his or her application [under] pursuant to this subsection to reflect that any portion of a year of creditable service shall be counted as one full biennial session.
6. Any retired member who is receiving benefits from the system and is elected to the general assembly but does not serve at least three biennial sessions shall receive creditable service for the time he or she served in the general assembly and upon leaving the general assembly shall have an additional benefit calculated using such service.
7. Benefits paid for service credited to legislative service shall be funded as provided in section 104.436.
8. Any former member of the general assembly not retired on August 28, 1994, who is fifty-five years of age or more and who has creditable service in the general assembly of at least three full biennial assemblies and has not used such services as creditable services in any other retirement system shall be made and employed by the board as a special consultant on the problems related to retirement and shall, when requested by the board, give opinions either written or orally on such problems. As compensation for such duties the former member of the general assembly shall be entitled to retire with a normal annuity effective the first of the month following receipt by the board of a written application.
9. Notwithstanding any other law to the contrary, any active member of the Missouri state employees' retirement system who is vested, on August 28, 1994, [under] pursuant to the provisions of subsection 1 of this section, and who has served as an elected county official and who, by virtue of such service was a member of a retirement system other than the Missouri state employees' retirement system but was not vested in such other retirement system, or was not a member of any retirement system, shall receive creditable prior service in the Missouri state employees' retirement system for such previous service as an elected county official.
10. Effective August 28, 2001, any former member of the general assembly who served at least two full biennial
assemblies and had no creditable service for the same period of service in another retirement system shall be made
and employed by the board as a special consultant on the problems related to retirement and shall, when requested
by the board, give opinions either written or orally on such problems. As compensation for such duties the former
member of the general assembly shall be entitled to retire with a normal annuity effective the first of the month
following receipt by the board of a written application. In no event shall retroactive benefits be
paid.
Missouri House of
Representatives