Missouri Revised Statutes













Chapter 104

Retirement of State Officers and Employees

←104.610

Section 104.612.1

104.615→

August 28, 2015

Consultants, extra duty, compensation--benefit increases, limitations--survivors of judges, administrative law judges, and legal advisors to be consultants--limited survivor benefits extended to all members, one-time refund payments made to certain members.

104.612. 1. Each special consultant, not otherwise eligible for a

retirement benefit increase pursuant to section 104.415, employed or eligible

for employment on or after May 12, 1981, by a board of trustees of a

retirement system as provided in subsection 1 of section 104.610 shall, in

addition to duties prescribed in section 104.610, and upon request of the

board of trustees, give the board, orally or in writing, a short detailed

statement on the problems of retirement under the current monthly benefits.



2. As compensation for the extra duty imposed by subsection 1 of this

section, each special consultant shall receive, in addition to all other

compensation provided by law, a percentage increase in compensation each

year, computed upon the total amount which the consultant received in the

previous year from state retirement benefits, compensation pursuant to the

provisions of section 104.610, and compensation pursuant to the provisions of

this section, of eighty percent of the increase in the consumer price index

calculated in the manner specified in section 104.415. The increase in

compensation for special consultants who have been retired less than one year

shall be one-twelfth of the applicable cost-of-living increase for every

month or partial month that the member was retired and receiving an annuity.

Any such annual increase in compensation, however, shall not exceed five

percent, nor be less than four percent, and the total increase in compensation

to each special consultant pursuant to the provisions of this subsection

shall not exceed sixty-five percent of the total retirement benefits and

compensation he or she was receiving immediately prior to October 1, 1986.



3. As compensation for the services described in subsections 1 and 2 of

this section, each special consultant shall receive, in addition to all other

compensation provided by those subsections, an annual percentage increase in

the retirement benefit payable equal to eighty percent of the increase in the

consumer price index. Such benefit increase, however, shall not exceed five

percent of the retirement benefit payable prior to the increase. The annual

benefit increase described in this subsection shall not be effective until

the year in which the special consultant reaches the limit on total annual

increases provided by subsection 2 of this section. During that year on the

anniversary date of the special consultant's retirement, the special

consultant shall receive the benefit increase described in subsection 2 of

this section or this subsection, whichever is greater. After that year, the

special consultant shall receive the annual benefit increase described in

this subsection. Any special consultant who reaches the limit on total

annual benefit increases provided by subsection 2 prior to October 1, 1996,

shall receive the benefit increase described in this subsection on September

1, 1997. Any special consultant who reaches the limit on total annual

benefit increases provided by subsection 2 on or after October 1, 1996, but

before September 1, 1997, shall receive the benefit increase described in this

subsection beginning on the anniversary date of the special consultant's

retirement following September 1, 1997. In no event shall any retroactive

annual benefit increases be paid pursuant to this subsection to any special

consultant who reached the limit provided in subsection 2 of this section

prior to August 28, 1997.



4. The compensation provided for in this section shall be payable in

equal monthly installments and shall be consolidated with any retirement

benefits and compensation due pursuant to section 104.610 which is payable to

the special consultant. The compensation provided for in this section shall

be paid from the retirement fund for all members who retire after August 30,

1980. The retirement fund shall be funded on a sound actuarial basis for such

benefits as prescribed in sections 104.070 and 104.436. Appropriations

necessary to achieve a sound actuarial basis for the retirement fund shall be

made from general revenue or any other fund during the three general assembly

sessions next occurring after February 14, 1980. Appropriations to maintain

the retirement fund on a continuing sound actuarial basis shall be made as

necessary in accordance with the provisions of sections 104.070, 104.436 and

104.438. For all members who retire prior to September 1, 1980, the

compensation provided for in this section shall be funded as provided in

sections 104.070 and 104.436.



5. The compensation provided for in this section shall be treated as any

other state retirement benefits, payable by the Missouri state employees'

retirement system or the transportation department and highway patrol

retirement system are treated and shall not be subject to execution,

garnishment, attachment, writ of sequestration, or any other process or claim

whatsoever, and shall be unassignable, anything to the contrary

notwithstanding.



6. The employment provided for by this section shall in no way affect

any person's eligibility for retirement benefits pursuant to this chapter, or

in any way have the effect of reducing retirement benefits, anything to the

contrary notwithstanding.



7. (1) Any person who is receiving, on or after August 28, 1994, a

survivor benefit provided by the provisions of this chapter by virtue of

being a survivor of a member, a survivor of a judge as defined in section

476.515, or a survivor of an administrative law judge or legal advisor as

those terms are defined in section 287.812, and who was employed prior to

August 28, 1997, shall, upon application, be made, constituted, appointed and

employed by the board as a special consultant on the problems of retirement,

aging, and other matters relating to survivors of deceased members and upon

the request of the appropriate board shall give opinions, in writing or

orally, in response to such requests of the board. As compensation for the

services required by this subsection, each such special consultant shall

receive, in addition to all other compensation provided by law, a percentage

increase in compensation each year, computed upon the amount which the

special consultant received in the previous year in survivor benefits from

the system, of eighty percent of the increase in the consumer price index

calculated in the manner specified in section 104.415. Any such increase in

compensation, however, shall not exceed five percent, nor be less than four

percent;



(2) The total increases in benefits received pursuant to this subsection

shall be limited by the following:



(a) In cases of death after retirement where an optional form of payment

was elected by the retirant, the total increase shall not exceed sixty-five

percent of the survivor benefit which would have been payable based on the

option elected and the original benefit amount payable to the retirant;



(b) In cases of death before retirement, the total increase shall not

exceed sixty-five percent of the original survivor benefit amount.



8. As compensation for the services described in subsection 7 of this

section, each special consultant shall receive, in addition to all other

compensation provided by subsection 7 of this section, an annual percentage

increase in the survivor benefit payable equal to eighty percent of the

increase in the consumer price index. Such benefit increase, however, shall

not exceed five percent of the survivor benefit payable prior to the

increase. The annual benefit increase described in this subsection shall not

be effective until the year in which the special consultant reaches the limit

on total annual increases provided by subsection 7 of this section. During

that year on the anniversary date that the special consultant's benefit

became payable, the special consultant shall receive the benefit increase

described in subsection 7 of this section or this subsection, whichever is

greater. After that year, the special consultant shall receive the annual

benefit increase described in this subsection. Any special consultant who

reaches the limit on total annual benefit increases provided by subsection 7

of this section prior to October 1, 1996, shall receive the benefit increase

described in this subsection on September 1, 1997. Any special consultant

who reaches the limit on total annual benefit increases provided by

subsection 7 of this section on or after October 1, 1996, but before

September 1, 1997, shall receive the benefit increase described in this

subsection beginning on the anniversary date that the special consultant's

benefit became payable following September 1, 1997. In no event shall any

retroactive annual benefit increases be paid pursuant to this subsection to

any special consultant who reached the limit provided in subsection 7 of this

section prior to August 28, 1997.



9. The employment provided for by this subsection shall in no way affect

any person's eligibility for retirement or survivor benefits pursuant to the

provisions of this chapter, or in any way have the effect of reducing any

retirement or survivor benefits, anything to the contrary notwithstanding.

An annual increase, if any is due, shall be payable monthly beginning on a

date specified by the board. Nothing in this subsection shall be construed to

prohibit a special consultant from waiving the right to receive the annual

increase provided pursuant to this subsection. However, the waiver may not

extend beyond the age permitted by the Tax Equity and Fiscal Responsibility

Act (TEFRA). The waiver shall be final as to the annual increase waived.



10. (1) Any member who terminated employment on or after October 1,

1984, who is receiving an annuity on September 1, 1997, and who had elected

one of the options providing for a continuing lifetime annuity to a surviving

spouse, and who has been made, constituted and appointed by the board as a

special consultant on the problems of retirement, aging, and other matters

relating to retirement shall be eligible for additional compensation. As

additional compensation for such services, each special consultant shall be

eligible for the benefits described in this subdivision. The annuity of a

special consultant who is receiving benefits under option 1 of section

104.395, shall be reduced in the same manner as an annuity under option 2 of

section 104.395, as in effect immediately prior to August 28, 1997. The

annuity of a special consultant who is receiving benefits under the

provisions of option 2 of section 104.395, as in effect on or after August

13, 1986, but prior to August 28, 1997, shall be determined in the same

manner as an annuity under option 2 of section 104.395, as in effect on

September 1, 1997. The annuity of a special consultant who is receiving

benefits under an annuity that provides for a continuing lifetime annuity to

a surviving spouse other than as previously described in this subdivision

shall be reduced in a manner approved by the board so as to be consistent

with the other continuing lifetime annuities described in this subdivision.

Such annuities shall be adjusted for early retirement if applicable. The

member's benefit shall include any formula or minimum benefit increases or

both, and cost-of-living increases the retired member would have received

since the date of retirement had the member's benefit been calculated as

described in this subdivision. The member shall also receive a one-time

payment in an amount equal to the difference in the amount of retirement

benefits that the member received and the amount the member would have

received since the date of retirement had the member's benefit been

calculated as described in this subdivision.



(2) Any member who terminated employment on or after October 1, 1984, but

before August 28, 1997, and who retires after August 28, 1997, may elect at

retirement to become a special consultant as provided for in subdivision (1)

of this subsection and elect any option provided pursuant to section 104.395,

as in effect on August 28, 1997.



(3) Any member who terminated employment on or after October 1, 1984, but

retired prior to August 28, 1997, who applied for increased benefits pursuant

to the provisions described in subsection 3 or subsection 4 of section

104.395, and whose spouse died prior to September 1, 1997, and who has been

made, constituted and appointed by the board as a special consultant on the

problems of retirement, aging, and other matters relating to retirement shall

be eligible for additional compensation. As additional compensation for such

services, such member shall receive a one-time payment in an amount equal to

the difference in the amount of retirement benefits that the member received

and the amount the member would have received since the date of retirement

had the member's benefit been calculated as described in subdivision (1) of

this subsection.



(4) Any member who terminated employment on or after October 1, 1984, but

retired before September 1, 1997, and who had elected a normal annuity at

retirement, and who is receiving benefits on September 1, 1997, and who has

been made, constituted and appointed by the board as a special consultant on

the problems of retirement, aging, and other matters relating to retirement

shall be eligible for additional compensation. As additional compensation

for such services, beginning the first month following the death of the

member, the member's surviving spouse who was married to the member of the

transportation department and highway patrol retirement system on the date of

retirement or the person who was married to the member of the Missouri state

employees' retirement system on the date of retirement shall receive monthly

an amount equal to fifty percent of the monthly annuity the retired member was

receiving at the time of the member's death.



(5) If a member dies on or after September 1, 1997, but prior to

receiving any one-time payment described in subdivision (1) of this

subsection, payment shall be issued to the surviving spouse who was married

to the member at the date of the member's death. If there is no surviving

spouse, payment will be issued to the member's estate.



(6) Any member who terminated employment on or after October 1, 1984,

retired, became a special consultant on the problems of retirement, aging and

other matters relating to retirement or applies to become such a consultant,

and whose annuity was not in pay status on September 1, 1997, pursuant to the

provisions of section 104.380, shall be eligible for additional compensation.

As additional compensation for such services, each special consultant shall

be eligible for the benefits described in subdivision (1), (3) or (4) of this

subsection depending on the annuity selected by the member at the time of

retirement. Any one-time payment that may be due shall be paid upon

application for such benefit. Any adjustment to a future annuity shall be

made upon application for retirement or survivor benefits.



(7) Any person who received benefits pursuant to subsection 6 of section

104.335 prior to August 28, 1997, may apply to the board to become a special

consultant on the problems of retirement, aging, and other matters relating

to retirement. As compensation for such services, each special consultant

shall be eligible to receive upon making application for such benefits a

one-time payment which shall be equal to the difference between the amount of

benefits the person received and the amount of benefits the person would have

received had the original benefit payment been calculated under the actuarial

assumptions in effect on August 28, 1997.



(8) Any person who was married to a member of the Missouri state

employees' retirement system at the time the member retired and such member

terminated employment on or after October 1, 1984, elected one of the options

providing for a continuing lifetime annuity at the time of retirement, and

died prior to September 1, 1997, may apply to the board to become a special

consultant on the problems of retirement, aging, and other matters relating to

retirement. As additional compensation for such services, the survivor

benefit of the special consultant shall be recalculated in the manner

described in subdivision (1) of this subsection. The special consultant

shall also receive a one-time payment in an amount equal to the difference

between the amount of retirement and survivor benefits that the retired

member and the special consultant received and the amount of retirement and

survivor benefits the retired member and the special consultant would have

received since the date of retirement had the retired member's and the

special consultant's benefits been calculated as described in subdivision (1)

of this subsection.



(9) Any person who was married to a member of the Missouri state

employees' retirement system at the time the member retired and such member

terminated employment on or after October 1, 1984, retired after electing a

normal annuity, and died prior to September 1, 1997, may apply to the board

to become a special consultant on the problems of retirement, aging, and

other matters relating to retirement. As additional compensation for such

services, the special consultant shall receive a monthly benefit in an amount

equal to fifty percent of the monthly annuity the retired member was

receiving at the time of the member's death, including any annual benefit

increases pursuant to subsections 7 and 8 of this section that occurred

between the date of the member's death and the date of application. Such

benefit shall commence upon application and shall include a one-time payment,

if necessary, so that the special consultant shall receive the same amount

that would have been paid to the special consultant had such benefit commenced

the month following the death of the member.



(10) Any surviving spouse receiving benefits pursuant to the provisions

of section 104.420 as the result of the death of a member whose employment

terminated on or after October 1, 1984, may apply to the board to become a

special consultant on the problems of retirement, aging, and other matters

relating to retirement. As compensation for such services, the benefit of

each special consultant shall be reduced in the same manner as an annuity

under option 1 of section 104.395 as in effect on August 28, 1997. The

special consultant shall also receive a one-time payment in an amount equal

to the difference between the amount of benefits that the survivor received

and the amount of benefits the survivor would have received had the

survivor's benefit been originally calculated as described under option 1 of

section 104.395 as in effect on August 28, 1997.



(L. 1977 H.B. 253 § 1, A.L. 1980 H.B. 983, A.L. 1981 H.B. 835, et

al., A.L. 1984 H.B. 1370, A.L. 1986 H.B. 1496, A.L. 1988 H.B. 1643

& 1399, A.L. 1989 H.B. 674, A.L. 1992 S.B. 499, et al., A.L. 1994

H.B. 1149, A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 & 314)







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.