Section: 169.0021 Transfer of teachers from urban district to state retirement system--procedure. RSMO 169.021


Published: 2015

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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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