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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