Missouri Revised Statutes













Chapter 104

Retirement of State Officers and Employees

←104.608

Section 104.610.1

104.612→

August 28, 2015

Special consultants, employment as, when--compensation, how, calculation of--severability provisions--former members as special consultants, when--certain special consultants may be eligible for survivor benefits.

104.610. 1. Any person, who is receiving or hereafter may receive state

retirement benefits from the Missouri state employees' retirement system other

than a person with twelve or more years of service in statewide state elective

office receiving benefits pursuant to the provisions of section 104.371, a

legislators' retirement system, or the highways and transportation employees'

and highway patrol retirement system, upon application to the board of

trustees of the system from which he or she is receiving retirement benefits,

shall be made, constituted, appointed and employed by the board as a special

consultant on the problems of retirement, aging, and other state matters, for

the remainder of the person's life, and upon request of the board, or other

state agencies where such person was employed prior to retirement, give

opinions, and be available to give opinions in writing, or orally, in response

to such requests, as may be required, and for such services shall be

compensated monthly, in an amount, which, when added to any monthly state

retirement benefits received on his or her retirement, shall be equal to the

state retirement benefits the person would be receiving currently if the

person had benefitted from changes in the law effecting increases in the rate

in the formula for calculating benefits in his or her respective retirement

system, for his or her type of employment or for those persons having accrued

thirty-five or more years of creditable service, changes in the law pertaining

to the age and service requirements for a normal annuity in his or her

respective retirement system, made subsequent to the date of his or her

retirement; except that in calculating such benefits the meaning of "average

compensation" shall be that ascribed to it by the law in effect on the date on

which the benefits pursuant to this section are calculated.



2. In lieu of any other benefits pursuant to the provisions of this

section, any member of the Missouri state employees' retirement system who has

or may hereafter retire pursuant to the provisions of section 104.371,

pertaining to those members who have held statewide state elective office for

at least twelve years, may apply pursuant to this section to be employed as a

special consultant and for such services shall be compensated monthly, in an

amount, which, when added to any monthly state retirement benefits received

initially on his or her retirement, shall be equal to the state retirement

benefits the person would be receiving if the person had benefitted from

changes in the law affecting increases in compensation for statewide state

elective offices, pursuant to house substitute for senate bill no. 528, second

regular session of the eighty-second general assembly, any other provisions of

the law to the contrary notwithstanding.



3. This compensation shall be consolidated with any other retirement

benefits payable to the person, and shall be funded as provided in section

104.436.



4. This compensation shall be treated as any other state retirement

benefits payable by the Missouri state employees' retirement system or the

highways and transportation employees' and highway patrol retirement system

are treated and shall not be subject to execution, garnishment, attachment,

writ of sequestration, or any other process or claim whatsoever, and shall be

unassignable, anything to the contrary notwithstanding.



5. The employment provided for by this section shall in no way affect

any person's eligibility for retirement benefits pursuant to this chapter, or

in any way have the effect of reducing retirement benefits, anything to the

contrary notwithstanding.



6. In order to determine the total monthly state retirement compensation

due each retiree who is eligible for the additional amount provided for in

subsection 1 of this section, the following formula shall be used:



(1) The retiree's base monthly retirement compensation shall be

determined by dividing the sum of the retiree's annual normal annuity as of

the effective date of any increase in the rate in the formula for calculating

benefits in his or her respective retirement system plus any annual increases

granted such retiree as a result of his or her being a consultant, by twelve;



(2) The amount determined pursuant to subdivision (1) of this subsection

shall be increased by an amount equal to the base monthly retirement

compensation calculated pursuant to subdivision (1) of this subsection

multiplied by the percentage increase in the rate in the formula;



(3) The sum obtained from completing the calculations contained in

subdivisions (1) and (2) of this subsection shall be the retiree's new total

monthly state retirement compensation. Any retiree who is eligible for the

benefit provided in subsection 1 of this section whose benefit pursuant to

subsection 1 of this section was not calculated in accordance with the

procedure provided in this subsection shall have his or her total monthly

retirement compensation for all months beginning on or after September 28,

1985, recalculated in accordance with this subsection.



7. The provisions of this section are severable. If any provision of

this section is found by a court of competent jurisdiction to be

unconstitutional or otherwise invalid, the remaining provisions of this

section are valid unless the court finds that such valid provisions, standing

alone, are incomplete and incapable of being executed in accordance with the

legislative intent.



8. Any person who terminates employment or retires prior to July 1,

2000, shall be made, constituted, appointed and employed by the board as a

special consultant on the problems of retirement, aging, and other state

matters, for the remainder of the person's life, and upon request of the

board, or other state agencies where such person was employed prior to

retirement, give opinions, and be available to give opinions in writing, or

orally, in response to such requests, as may be required, and for such

services shall be eligible to elect to receive a retirement annuity pursuant

to the year 2000 plan as provided in this chapter.



9. Effective August 28, 2000, any person otherwise eligible for survivor

benefits due to the death of a member prior to retirement, who was married

less than two years to the member at the time of the member's death, shall,

upon application to the board, be made, constituted, appointed and employed by

the board as a special consultant on the problems of retirement, aging and

other state matters. As a special consultant pursuant to the provisions of

this subsection, the person shall begin to receive a survivor benefit in a

monthly amount equal to what the system would have paid the person had the

person been eligible for such survivor benefit upon the death of the member.

Such benefit shall commence the first of the month following receipt by the

system of an application from such person, but not earlier than September 1,

2000. In no event shall any retroactive benefits be paid.



(L. 1972 H.B. 1178 § 1, A.L. 1975 S.B. 5, A.L. 1979 H.B. 87, A.L.

1981 H.B. 835, et al., A.L. 1984 H.B. 1370, A.L. 1985 H.B. 790,

A.L. 1986 H.B. 1496, A.L. 1992 S.B. 499, et al., A.L. 1999 S.B.

308 & 314, A.L. 2000 H.B. 1808)



Effective 7-1-00







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.