Section: 169.0050 Membership--prior service credit, withdrawal--reinstatement contributions. RSMO 169.050


Published: 2015

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Missouri Revised Statutes













Chapter 169

Teacher and School Employee Retirement Systems

←169.045

Section 169.050.1

169.055→

August 28, 2015

Membership--prior service credit, withdrawal--reinstatement contributions.

169.050. 1. On and after the effective date of sections 169.010 to

169.140, all employees as defined in sections 169.010 to 169.141 of districts

included in the retirement system thereby created shall be members of the

system by virtue of their employment, except as provided by section 104.342.

Individuals who qualify as independent contractors under the common law and

are treated as such by their employer shall not be considered employees for

purposes of membership in or contributions to the retirement system.



2. Any person who becomes a member before the end of the school year

next following the date on which the system becomes operative may claim credit

for service rendered as an employee in Missouri prior to such operative date,

or for service rendered in the Armed Forces of the United States during a

period of war, the same as if the person were a teacher, provided the person

was a teacher in Missouri at the time the person was inducted, by filing with

the board of trustees, within such time as the board may specify, a complete

and detailed record of the service for which credit is claimed, together with

such supporting evidence as the board may require for verification of the

record. To the extent that the board finds the record correct, it shall

credit the claimant with prior service and shall notify the claimant of its

decision, but the amount of such credit shall not exceed thirty years.



3. No prior service credit shall be granted to any person who becomes a

member after the first year of the system's operation, except as provided in

subsection 5 of this section unless that person's failure to become a member

before or during that year was due either to service in the Armed Forces of

the United States or to attendance at a recognized educational institution for

professional improvement; provided, that the board of trustees may grant prior

service credit to a teacher who taught prior to August 1, 1945, if the teacher

returns to teaching before July 1, 1950, and if such teacher teaches in the

public schools of Missouri not less than seven years after returning before

retirement, or the board of trustees may grant prior service credit to a

teacher who taught prior to August 1, 1945, if the teacher returns to teaching

and teaches at least one-half of the number of years between July 1, 1946, and

age sixty but not less than seven years after returning before retirement,

except that a member who will have thirty-five or more years of teaching

service in Missouri at retirement shall be required to teach not less than

three years after returning and before retirement. A person serving in the

Armed Forces of the United States shall have the same right to prior service

credit as one who became a member before the end of the first year of the

system's operation, if the person becomes a member within one year of the date

of the person's discharge from such service or within one year of such date

plus time spent as a student in a standard college or university in further

preparation for service as a public school employee. A person attending a

recognized educational institution for the person's professional improvement

shall have the same right to prior service credit as one who became a member

before the end of the first year of the system's operation, if the person

becomes a member within three years following the date on which the system

became operative, and within one year of the date on which the person's

attendance at such institution ceased.



4. Membership shall be terminated by failure of a member to earn any

membership credit as a public school employee under this system for five

consecutive school years, by death, withdrawal of contributions, or

retirement.



5. If a member withdraws or is refunded the member's contributions, the

member shall thereby forfeit any creditable service the member may have;

provided, however, if such person again becomes a member of the system, the

person may elect to reinstate the creditable service forfeited at times of

previous withdrawals or refunds. The reinstatement shall be effected by the

member paying to the retirement system with interest the total amount of

accumulated contributions withdrawn by the member or refunded to the member

with respect to the service being reinstated. A member may reinstate less

than the total service previously forfeited, in accordance with rules

promulgated by the board of trustees. The payment shall be completed prior to

termination of membership with the retirement system with interest on the

unpaid balance; provided, however, that if a member is retired on disability

before completing such payments, the balance due with interest may be deducted

from the member's disability retirement allowance.



(L. 1945 p. 1353 § 5, A.L. 1945 p. 1381 § 5, A.L. 1949 p. 525, A.L.

1953 p. 480, A.L. 1957 p. 432, A.L. 1967 p. 250, A.L. 1978 S.B.

906, A.L. 1979 S.B. 38, A.L. 1981 H.B. 33, et al., A.L. 1984 S.B.

407, A.L. 1987 H.B. 558, et al., A.L. 1988 H.B. 1100, et al., A.L.

1990 H.B. 1347, et al., A.L. 1992 S.B. 499, et al., A.L. 1996 S.B.

860, A.L. 1997 S.B. 309, A.L. 1998 S.B. 733, A.L. 2003 H.B. 346 &

174)





1998



1998



169.050. 1. On and after the effective date of sections 169.010 to

169.140, all employees as defined in sections 169.010 to 169.141 of

districts included in the retirement system thereby created shall be

members of the system by virtue of their employment, except as provided by

section 104.342, RSMo. Individuals who qualify as independent contractors

under the common law and are treated as such by their employer shall not be

considered employees for purposes of membership in or contributions to the

retirement system.



2. Any person who becomes a member before the end of the school year

next following the date on which the system becomes operative may claim

credit for service rendered as an employee in Missouri prior to such

operative date, or for service rendered in the armed forces of the United

States during a period of war, the same as if the person were a teacher,

provided the person was a teacher in Missouri at the time the person was

inducted, by filing with the board of trustees, within such time as the

board may specify, a complete and detailed record of the service for which

credit is claimed, together with such supporting evidence as the board may

require for verification of the record. To the extent that the board finds

the record correct, it shall credit the claimant with prior service and

shall notify the claimant of its decision, but the amount of such credit

shall not exceed thirty years.



3. No prior service credit shall be granted to any person who becomes

a member after the first year of the system's operation, except as provided

in subsection 5 of this section unless that person's failure to become a

member before or during that year was due either to service in the armed

forces of the United States or to attendance at a recognized educational

institution for professional improvement; provided, that the board of

trustees may grant prior service credit to a teacher who taught prior to

August 1, 1945, if the teacher returns to teaching before July 1, 1950, and

if such teacher teaches in the public schools of Missouri not less than

seven years after returning before retirement, or the board of trustees

may grant prior service credit to a teacher who taught prior to August 1,

1945, if the teacher returns to teaching and teaches at least one-half of

the number of years between July 1, 1946, and age sixty but not less than

seven years after returning before retirement, except that a member who

will have thirty-five or more years of teaching service in Missouri at

retirement shall be required to teach not less than three years after

returning and before retirement. A person serving in the armed forces of

the United States shall have the same right to prior service credit as one

who became a member before the end of the first year of the system's

operation, if the person becomes a member within one year of the date of

the person's discharge from such service or within one year of such date

plus time spent as a student in a standard college or university in further

preparation for service as a public school employee. A person attending a

recognized educational institution for the person's professional

improvement shall have the same right to prior service credit as one who

became a member before the end of the first year of the system's operation,

if the person becomes a member within three years following the date on

which the system became operative, and within one year of the date on which

the person's attendance at such institution ceased.



4. Membership shall be terminated by failure of a member to earn any

membership credit as a public school employee under this system for five

consecutive school years, by death, withdrawal of contributions, or

retirement.



5. If a member withdraws or is refunded the member's contributions,

the member shall thereby forfeit any creditable service the member may

have; provided, however, if such person again becomes a member of the

system, the person may elect to reinstate the creditable service forfeited

at times of previous withdrawals or refunds. The reinstatement shall be

effected by the member's paying to the retirement system with interest the

total amount of accumulated contributions withdrawn by the member or

refunded to the member with respect to the service being reinstated. A

member may reinstate less than the total service previously forfeited, in

accordance with rules promulgated by the board of trustees. The payment

may be made over a period not longer than five years or the length of

service to be reinstated whichever is longer, beginning from the date of

election, or prior to retirement, whichever is earlier, and with interest

on the unpaid balance; provided, however, that if a member is retired on

disability before completing such payments, the balance due with interest

may be deducted from the member's disability retirement allowance.



6. Any person who elected to purchase creditable service pursuant to

section 169.055, 169.056 or 169.057* and failed to complete payment within

the time allowed may again elect to purchase creditable service pursuant to

those provisions, if the election is made before July 1, 1998. The

election may include a purchase of creditable service for the same period

for which the earlier election was made.



7. Any person who would be entitled to elect to purchase creditable

service pursuant to section 169.055 for unpaid maternity or paternity leave

except for the fact that the person returned to employment in a position

covered by the retirement system more than five years after the end of the

leave period may elect to purchase such creditable service if the election

is made before July 1, 1998.



8. Any person who would be entitled to purchase creditable service

pursuant to subsection 1 of section 169.055 except for the fact that the

application was made on or after June 19, 1997, may elect to purchase such

creditable service if the election is made before July 1, 1998.



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