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Section: 287.0856 Administrative law judges and legal advisors serving in Armed Forces may elect to purchase creditable prior service--contributions, payment period--surviving spouse may receive refund. RSMO 287.856


Published: 2015

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Missouri Revised Statutes













Chapter 287

Workers' Compensation Law

←287.855

Section 287.856.1

287.860→

August 28, 2015

Administrative law judges and legal advisors serving in Armed Forces may elect to purchase creditable prior service--contributions, payment period--surviving spouse may receive refund.

287.856. 1. Any administrative law judge or legal advisor as defined in

section 287.812 who had performed active service in the United States Army,

Air Force, Navy, Marine Corps, Army or Air National Guard, Coast Guard, or any

reserve component thereof prior to becoming a member and who became a member

after his discharge under honorable conditions may elect, prior to retirement,

to purchase all of the member's creditable prior service equivalent to such

service in the Armed Forces, but not to exceed four years.

The purchase shall be effected by the member's submission of appropriate

documentation verifying the member's dates of active service and by paying to

the Missouri state employees' retirement system an amount equal to what would

have been contributed by the state on the member's behalf had he been a member

for the period for which the member is electing to purchase credit and had the

member's compensation during such period of membership been the same as the

annual salary rate at which the member was initially employed by a department,

with the calculations based on the contribution rate in effect on the date of

employment as an administrative law judge or legal advisor with simple

interest at the same rate in effect at the time of election used by the

Missouri state employees' retirement system calculated from the date of such

employment from which the member could first receive creditable service to the

date of election under this subsection. The payment shall be made over a

period of not longer than two years, measured from the date of election, and

with simple interest on the unpaid balance. Payments made for such creditable

prior service under this section shall be treated by the Missouri state

employees' retirement system as would contributions made by the state and

shall not be subject to any prohibition on member contributions or refund

provisions in effect August 28, 1992.



2. The surviving spouse of any deceased member who purchased creditable

prior service for service in the Armed Forces of the United States pursuant to

subsection 1 of this section and who died prior to retirement may, upon

written request, receive a refund of the amount contributed for such purchase

of creditable prior service provided the surviving spouse is not entitled to a

survivorship benefit payable under the provisions of section 104.420.



(L. 1992 S.B. 499, et al. § 287.860, A.L. 1997 H.B. 356)







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