Section: 169.0410 Definitions. Rsmo 169.410


Published: 2015

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Missouri Revised Statutes













Chapter 169

Teacher and School Employee Retirement Systems

←169.400

Section 169.410.1

169.420→

August 28, 2015

Definitions.

169.410. 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.



(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)





1996



1996



169.410. 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 service

of the member's last ten years of service or if the member has had less than

three years of such service, during the member's entire period of service;



(4) "Beneficiary", any person other than a retirant receiving a

retirement allowance or optional retirement allowance 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) "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;



(9) "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;



(10) "Creditable service", prior service plus membership service;



(11) "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, RSMo. In case of

doubt as to whether any person is an employee, the decision of the employing

board shall be final and conclusive;



(12) "Medical board", the board of physicians;



(13) "Member", a member of the retirement system defined as an:



(a) "Active member", a member who is an employee; or



(b) "Inactive member", a member who is not an employee;



(14) "Membership service", service rendered since last becoming a member

which is creditable. 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;



(15) "Prior service", service prior to the date the system becomes

operative which is creditable;



(16) "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

or by the board of regents;



(17) "Retirant" or "retired member", a former member receiving a

retirement allowance or optional retirement allowance or other benefit;



(18) "Retirement allowance", equal monthly payments for life to a

retirant or to such beneficiary as is entitled to the payments;



(19) "Retirement system", the public school retirement school system of

a school district;



(20) "School administrator", an employee whose job classification is

included on the school administrators' position schedule of the employing

board;



(21) "School district", any school district now having or hereafter

attaining a population of seven hundred thousand inhabitants or more in which

a retirement system shall be established;



(22) "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, except those teachers electing to become a member of the Missouri

state employees' retirement system pursuant to section 104.342, RSMo. 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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