Missouri Revised Statutes













Chapter 104

Retirement of State Officers and Employees

←104.344

Section 104.345.1

104.347→

August 28, 2015

Circuit clerks entitled to prior service credit, when--certain circuit clerks to be appointed consultants, duties, compensation to be creditable service, when--clerks entitled to refund of contribution, procedure, also entitled to prior service credit.

104.345. 1. Any circuit clerk holding office or employment as such on or

after August 28, 1989, for service rendered as an employee of any county or

other political subdivision for the purposes of performing duties for the

judicial system, is entitled to creditable prior service pursuant to the

provisions of this chapter in the Missouri state employees' retirement

system, provided such period of service has not been included for purposes of

qualification for any other retirement system.



2. Any member who was a circuit clerk on July 1, 1980, and whose

employment as a circuit clerk terminated prior to October 1, 1989, upon

application to the board shall be made, constituted, appointed, and employed

by the board as a special consultant on the problems of retirement for the

remainder of the person's life. Upon request of the board, the consultant

shall give opinions or be available to give opinions in writing or orally in

response to such requests. As compensation, the consultant shall receive

creditable service for service rendered as a circuit clerk, deputy circuit

clerk or division clerk, if:



(1) The member does not receive credit for the same period of service

under more than one retirement system;



(2) The person made application to the board for such creditable prior

service within ninety days of October 1, 1989; and



(3) The person establishes proof of such service to the satisfaction of

the board.

Such person shall be a member of the Missouri state employees' retirement

system and be entitled to a normal annuity or to a deferred normal annuity,

based on the person's creditable service and the law in effect at the time

service as a circuit clerk was terminated.



3. Notwithstanding any provision of law to the contrary, any person who

is an employee on August 28, 1990, who was a circuit clerk, deputy circuit

clerk or division clerk on June 30, 1981, employed by a county which

participated in the local government employees' retirement system pursuant to

sections 70.600 to 70.755, or which paid to the Missouri state employees'

retirement system to actuarially fund the creditable prior service of such

clerk, and such person elected to receive creditable prior service under this

system by waiving rights to the person's accumulated contributions made or

accrued while such person was a county employee or who made payment to the

county as reimbursement for the costs incurred by the county to actuarially

fund the creditable prior service for such person which were received by this

system pursuant to the provisions of this section in effect when such person

became a member, upon written application filed with the board, shall be

eligible to receive a refund of such accumulated contributions or payment

amount. Members receiving such a refund shall not forfeit any service

presently credited the member under this system but in no event shall a

member receive credit for the same period of service under more than one

retirement system.



4. Any actively employed member of the Missouri state employees'

retirement system on or after August 28, 2000, shall be entitled to

creditable prior service for service rendered as a circuit clerk, deputy

circuit clerk or division clerk, if:



(1) The service had not become vested in a county or city retirement

plan;



(2) The person made application to the board for such creditable prior

service; and



(3) The person establishes proof of such service to the satisfaction of

the board including proof that the person worked in a position that normally

required at least one thousand hours of service per year for service after

October 1, 1984, or one thousand five hundred hours of service per year for

service prior to October 1, 1984.



(L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et al., A.L. 1983

H.B. 713 Revision, A.L. 1984 H.B. 1370, A.L. 1989 H.B. 674, A.L.

1990 H.B. 1347, et al., A.L. 2000 H.B. 1808, A.L. 2001 S.B. 371)





2000



2000



104.345. 1. Any circuit clerk holding office or employment as such

on or after August 28, 1989, for service rendered as an employee of any

county or other political subdivision for the purposes of performing duties

for the judicial system, is entitled to creditable prior service under the

provisions of this chapter in the Missouri state employees' retirement

system, provided such period of service has not been included for purposes

of qualification for any other retirement system.



2. Any member who was a circuit clerk on July 1, 1980, and whose

employment as a circuit clerk terminated prior to October 1, 1989, upon

application to the board shall be made, constituted, appointed, and

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

for the remainder of the person's life. Upon request of the board, the

consultant shall give opinions or be available to give opinions in writing

or orally in response to such requests. As compensation, the consultant

shall receive creditable service for service rendered as a circuit clerk,

deputy circuit clerk or division clerk, if:



(1) The member does not receive credit for the same period of service

under more than one retirement system;



(2) The person made application to the board for such creditable

prior service within ninety days of October 1, 1989; and



(3) The person establishes proof of such service to the satisfaction

of the board.





Such person shall be a member of the Missouri state employees' retirement

system and be entitled to a normal annuity or to a deferred normal annuity,

based on the person's creditable service and the law in effect at the time

service as a circuit clerk was terminated.



3. Notwithstanding any provision of law to the contrary, any person

who is an employee on August 28, 1990, who was a circuit clerk, deputy

circuit clerk or division clerk on June 30, 1981, employed by a county

which participated in the local government employees' retirement system

under sections 70.600 to 70.755, RSMo, or which paid to the Missouri state

employees' retirement system to actuarially fund the creditable prior

service of such clerk, and such person elected to receive creditable prior

service under this system by waiving rights to the person's accumulated

contributions made or accrued while such person was a county employee or

who made payment to the county as reimbursement for the costs incurred by

the county to actuarially fund the creditable prior service for such person

which were received by this system under the provisions of this section in

effect when such person became a member, upon written application filed

with the board, shall be eligible to receive a refund of such accumulated

contributions or payment amount. Members receiving such a refund shall not

forfeit any service presently credited the member under this system but in

no event shall a member receive credit for the same period of service under

more than one retirement system.



4. Any actively employed member of the Missouri state employees'

retirement system on or after August 28, 2000, shall be entitled to

creditable prior service for service rendered as a circuit clerk, deputy

circuit clerk or division clerk, if:



(1) The service had not become vested in a county or city retirement

plan;



(2) The person made application to the board for such creditable

prior service; and



(3) The person establishes proof of such service to the satisfaction

of the board.



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