Missouri Revised Statutes
Chapter 169
Teacher and School Employee Retirement Systems
←169.020
Section 169.021.1
169.022→
August 28, 2015
Transfer of teachers from urban district to state retirement system--procedure.
169.021. 1. Whenever two-thirds of the teachers of a school district
having a population of more than seventy-five thousand and which has,
pursuant to law, a local retirement system, shall file a petition with the
board of trustees of the local retirement system and with the local board of
education of such school district requesting that their membership in the
local retirement system be transferred to the public school retirement system
of Missouri, said petition if and when approved by the board of trustees of
the local retirement system and the board of education of the local school
district shall be transmitted to the board of trustees of the state
retirement system. Thereupon at such time as all the terms and conditions of
this section as apply to teachers, as hereinafter set forth, are fulfilled
the board of trustees of the state retirement system shall in mutual agreement
with the board of trustees of the local retirement system and the local board
of education set a date which shall be not later than one year after the
filing of the petition with the state system, upon which the local system
shall be declared discontinued as to such teachers and all persons who are or
may become teachers, as hereinbefore defined, in such local district shall be
members of the state retirement system.
2. Prior to the date when the local system is discontinued as to
teachers under the provision of this section, the board of trustees of the
local retirement system shall transfer to the board of trustees of the public
school retirement system of Missouri such moneys, bonds and evidences of
indebtedness as represent the accumulated contributions of each teacher
member of the local retirement system, but not in excess of the amount of the
accumulated contributions of a teacher already a member of the state system
with the same period of membership service and same annual salaries during
such period, along with an equal amount representing contributions by the
local board of education on account of such teachers; and these funds are to
be credited by the board of trustees as have other contributions received by
the public school retirement system of Missouri. If the accumulated
contributions of any teacher member in the local retirement system are in
excess of these requirements, such excess shall be refunded to the teacher by
the local system.
3. There shall be further transferred to the state retirement system by
the board of trustees of such local retirement system, if available from its
funds, and if not by the board of education of the local school district from
school district funds, an amount of money sufficient to place those teachers
who so elect, on an equality of benefits with those originally becoming
members of such state system, providing that any contributions from teachers
transferred from such local retirement system due the state retirement system
to equalize contributions previously made by teachers already members of the
state system shall be paid to the board of trustees of the state system by
the local school district and charged to such teacher's salary account and
withheld by the local district in equal monthly installments during the
succeeding school year. A like amount shall be transferred to the board of
trustees of the state system by the board of trustees of such local
retirement system, if available from its funds, and if not by the board of
education of the local school district from school district funds. If the
full amount as required by this subsection for any member is not paid to the
board of trustees of the state system, such member shall receive no credit
for prior service and shall receive credit only for such membership service
as the amount paid in his behalf will provide.
4. All teachers who have been placed on retirement pursuant to the
provisions of the law creating the local system previous to the date when the
local system is discontinued as to teachers under the provisions of this
section shall be entitled to receive from the state system after the
discontinuance of the local system the same monthly benefits they were
receiving from the local system; provided that prior to the date of
discontinuance of the local system, the board of trustees of the local system
shall pay to the extent of its available funds, and if such funds are
insufficient, the board of education of the local district shall pay from
school district funds to the board of trustees of the state system the amount
necessary to maintain such monthly payments to retired teachers plus such
amount as required to pay the benefits provided by the state system to all
teachers of the local system who have attained age sixty-nine as of date of
discontinuance but have not then retired, such amounts to be agreed to by the
board of trustees of the two retirement systems and the board of education of
the local school district; provided, however, that in school districts having
a population of not less than two hundred thousand inhabitants, in lieu of
the amount required to be paid because of the teachers of the local system
who have attained age sixty-nine but have not retired an additional payment
shall be made of the amount necessary to prevent an increase in the required
contribution rate as provided for in section 169.030 as determined by the
actuary of the public school retirement system of Missouri and as agreed to
by the board of trustees of the two retirement systems and the board of
education of the local school district.
5. Any amount to be paid the board of trustees of the state system by
the board of education of the local school district in fulfillment of the
conditions of this section may be paid in a lump sum or in installments
within ten years from date of discontinuance of the local system with
interest payable annually on the unpaid balance at the rate of two percent;
provided, however, that in school districts having a population of not less
than two hundred thousand, the period within which payment in installments
may be made may be increased from ten to twenty-five years; provided, further,
that in districts having a population of not less than two hundred thousand
inhabitants the rate to be paid on unpaid balance shall be the average rate
which the investments of the state system earn during the same year.
6. All employees in such school district having a population of more
than seventy-five thousand and less than one hundred thousand, other than
teachers and who are not on retirement, shall, upon two-thirds vote, withdraw
therefrom and shall receive from the local retirement system the amount
credited to their respective accounts, and equal amounts from funds
contributed by the local school district; and each employee, other than a
teacher, who is on retirement pursuant to provisions of the law creating the
local retirement system, shall receive in lieu of all his rights and interest
in such local retirement system an amount of money mutually agreed to by the
local board of education and the annuitant. The effective date of
dissolution of the local system under this subsection shall be fixed by the
local board of education and the local retirement system.
7. All employees in school districts having a population of not less
than two hundred thousand inhabitants other than certificated teachers and
who are not on retirement shall continue to be members of the existing local
retirement system subject to the right of withdrawal therefrom at any time,
regardless of whether or not he continues to be an employee, with right to be
paid on demand the amount of his accumulated contributions with interest
standing to the credit of his individual account in the employees'
contribution fund but without any right to again become a member of the
system; and each employee of such school district other than certificated
teachers who is on retirement pursuant to provisions of the law under which
the local retirement system exists shall continue to be entitled to receive
his retirement benefits in accordance with the terms and provisions of said
system, and such local retirement system shall continue in force and effect
with respect to such employees who are not certificated teachers until such
time as all shall have withdrawn and all obligations to such retirants shall
have been discharged or released; provided that any employee other than
certificated teachers becoming such an employee after the effective date of
the transfer of the certificated teachers to the state retirement system shall
have the option of refraining from becoming a member of the local system;
provided further if in any case where a certificated teacher, now a member of
the local retirement system, is transferred to the state system his actual or
potential retirement benefits would be less than the amounts he would have
received from the local system if he had continued therein, the local
retirement system or board of education shall make up the difference.
(L. 1951 p. 520, A.L. 1953 p. 467)
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