Missouri Revised Statutes













Chapter 70

Powers of Political Subdivisions to Cooperate or Contract with Governmental Units

←70.638

Section 70.640.1

70.645→

August 28, 2015

Prior service, membership service and credited service, how computed--disability time included, when--certification of prior service--purchase of prior military service, limitations--procedure.

70.640. 1. The board shall fix and determine by rules and regulations

the number of years and months of prior service and membership service to be

credited each member for his employment as an employee; except that, in no

case shall less than ten days of employment rendered in any calendar month be

credited as a month of service, nor shall less than ten months of service

rendered in any calendar year be credited as one year of service, nor shall

more than one year of service be credited any member for all employment

rendered by him in any one calendar year.



2. Not later than one year after the date an employer covers its

employees, and before the retirement of a member included in the employees so

covered, the employer shall certify to the board the period or periods of

prior employment of each of its members to be considered for credit as prior

service; provided, that all of such prior employment shall be considered for

credit unless the employer certifies that only a portion of such prior

employment is to be considered, which portion shall be uniform for all its

members and shall be seventy-five percent, fifty percent, or twenty-five

percent. No such prior employment shall be so certified by an employer for

any member unless he was employed by the employer within the one-year period

immediately preceding the date an employer covers its employees and unless he

is continuously employed by such employer from and after such date for (1) one

year, or (2) until his death, or (3) until his total and permanent disability,

whichever is earliest.



3. In the event a member, who while an employee, entered or enters the

Armed Forces of the United States during any period of compulsory military

service, the armed service actually required of him shall be credited him as

service hereunder; provided, that he again becomes an employee within a period

of one year from and after honorable termination of such armed service

actually required of him, and he returns to the members deposit fund any

amount he may have withdrawn at the time he entered or while in such armed

service, together with regular interest from the date of withdrawal to the

date of repayment. During the period of such armed service and until his

return as an employee his contributions to the system shall be suspended and

any balance remaining to his credit in the members deposit fund shall be

accumulated at regular interest.



4. In the event a member is given a leave of absence by his employer for

the purpose of continuing his education, such leave time shall be credited him

as service hereunder; provided, that such leave of absence is in writing, that

the length of such leave together with the length of all other similar leaves

does not exceed a total of two years, that the member returns to his employer

upon the expiration of such leave, and that he returns to the members deposit

fund the amount, if any, he may have withdrawn therefrom during such leave,

together with regular interest from the date of withdrawal to the date of

repayment. During the period of such leave his contributions to the system

shall be suspended and any balance remaining to his credit in the members

deposit fund shall be accumulated at regular interest.



5. Anything contained herein to the contrary notwithstanding, not later

than December 31, 1988, an employer with employees who were not accruing

service credit because of the ten-year limitation on credited service of

subsection 1 of this section in existence prior to January 1, 1988, and who

are or would accrue service credit without such ten-year limitation on

credited service, shall certify to the board the period or periods of previous

employment of each of such employees to be considered for credited service,

and such previous employment shall be considered for credited service provided

the employee pays to the system by December 31, 1989, the total member

contributions he would have contributed to the system had such ten-year

service limitation not been in effect.



6. In the event a member in service becomes totally physically or

mentally incapacitated for his duty as an employee as the natural and

proximate result of a personal injury or disease which has arisen out of and

in the course of his actual performance of duty as an employee, and in the

event such disability will probably not be permanent, and in the event

periodic payments are payable under any workers' compensation or similar law

on account of the same disability, then such disability time shall be credited

as service hereunder upon written application filed with the board by or on

behalf of the member; provided, all determinations concerning the nature of

such disability shall be made by the board. During the period of such

disability his contributions to the system shall be suspended and any balance

remaining to his credit in the members deposit fund shall be accumulated at

regular interest. Service credit granted in this subsection shall not be

considered as credited service for the purpose of determining such member's

final average salary. Should such person die while so disabled, then he shall

be considered a member actively employed at time of death.



7. Any member who had served in the Armed Forces of the United States

prior to becoming a member and who became a member after discharge under

honorable conditions may elect, prior to retirement, to purchase prior service

credit equivalent to such service in the Armed Forces, not to exceed four

years, provided the member is not receiving and is not eligible to receive

retirement credits or benefits from any other public or private retirement

plan for the service to be purchased, and an affidavit so stating shall be

filed by the member with the retirement system. However, if the member is

eligible to receive retirement credits in a United States military service

retirement system, he shall be permitted to purchase creditable prior service

equivalent to his service in the armed services, but not to exceed four years,

any other provision of law to the contrary notwithstanding. The purchase

shall be effected by the member's paying to the retirement system an amount

equal to the present value, on the date of payment, of the amount of the

additional retirement allowance that would be obtained by virtue of the

purchase of the additional service credit, using the interest rate specified

by the board and the applicable mortality table adopted by the board and

assuming continuous future service in the retirement system until, and

retirement at, the age at which the minimum requirements of the retirement

system for normal retirement or retirement with an allowance unreduced for

retirement at an early age. The payment shall be made over a period of not

longer than two years, measured from the date of election, and with compound

interest on the unpaid balance. Payments made for such creditable prior

service under this subsection shall be treated by the retirement system as

would contributions made by the employee and shall not be subject to any

prohibition on member contributions or refund provisions in effect on August

28, 1992.



(L. 1967 p. 141 § 9, A.L. 1971 H.B. 63, A.L. 1973 H.B.

218, A.L. 1974 S.B. 573, A.L. 1975 H.B. 111, H.B. 944,

A.L. 1979 H.B. 130, A.L. 1980 S.B. 630, A.L. 1988

H.B. 1098, A.L. 1992 H.B. 1787)







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