Missouri Revised Statutes
Chapter 169
Teacher and School Employee Retirement Systems
←169.296
Section 169.301.1
169.311→
August 28, 2015
Retirement benefits to vest, when--amount, how computed--option of certain members to transfer plans, requirements--retirant becoming active member, effect on benefits--termination of system, effect of--military service, effect of.
169.301. 1. Any active member who has completed five or more years
of actual (not purchased) creditable service shall be entitled to a vested
retirement benefit equal to the annual service retirement allowance
provided in sections 169.270 to 169.400 payable after attaining the minimum
normal retirement age and calculated in accordance with the law in effect
on the last date such person was a regular employee; provided, that such
member does not withdraw such person's accumulated contributions pursuant
to section 169.328 prior to attaining the minimum normal retirement age.
2. Any member who elected on October 13, 1961, or within thirty days
thereafter, to continue to contribute and to receive benefits under
sections 169.270 to 169.400 may continue to be a member of the retirement
system under the terms and conditions of the plan in effect immediately
prior to October 13, 1961, or may, upon written request to the board of
trustees, transfer to the present plan, provided that the member pays into
the system any additional contributions with interest the member would have
credited to the member's account if such person had been a member of the
current plan since its inception or, if the person's contributions and
interest are in excess of what the person would have paid, such person will
receive a refund of such excess. The board of trustees shall adopt
appropriate rules and regulations governing the operation of the plan in
effect immediately prior to October 13, 1961.
3. Should a retirant again become an active member, such person's
retirement allowance payments shall cease during such membership and shall
be recalculated upon subsequent retirement to include any creditable
service earned during the person's latest period of active membership in
accordance with subsection 2 of section 169.324.
4. In the event of the complete termination of the retirement system
established by section 169.280 or the complete discontinuance of
contributions to such retirement system, the rights of all members to
benefits accrued to the date of such termination or discontinuance, to the
extent then funded, shall be fully vested and nonforfeitable.
5. If a member leaves employment with an employer to perform
qualified military service, as defined in Section 414(u) of the Internal
Revenue Code of 1986, as amended, and dies while in such service, the
member's survivors shall be entitled to any additional benefits (other than
benefit accruals relating to the period of qualified military service) that
would have been provided had the member resumed employment with the
employer and then terminated on account of death in accordance with the
requirements of Sections 401(a)(37) and 414(u) of the Internal Revenue Code
of 1986, as amended. In such event, the member's period of qualified
military service shall be counted as creditable service for purposes of
vesting but not for purposes of determining the amount of the member's
retirement allowance.
(L. 1982 H.B. 1522, A.L. 1989 S.B. 146, A.L. 1990 H.B. 1347, et al.,
A.L. 1993 S.B. 126, A.L. 1994 S.B. 575, A.L. 2001 H.B. 660, A.L.
2011 H.B. 229, A.L. 2013 S.B. 17 merged with S.B. 23)
2011
2001
1994
2011
169.301. 1. Any active member who has completed five or more years
of actual (not purchased) creditable service shall be entitled to a vested
retirement benefit equal to the annual service retirement allowance
provided in sections 169.270 to 169.400 payable after attaining the minimum
normal retirement age and calculated in accordance with the law in effect
on the last date such person was a regular employee; provided, that such
member does not withdraw such person's accumulated contributions pursuant
to section 169.328 prior to attaining the minimum normal retirement age.
2. Any member who elected on October 13, 1961, or within thirty days
thereafter, to continue to contribute and to receive benefits under
sections 169.270 to 169.400 may continue to be a member of the retirement
system under the terms and conditions of the plan in effect immediately
prior to October 13, 1961, or may, upon written request to the board of
trustees, transfer to the present plan, provided that the member pays into
the system any additional contributions with interest the member would have
credited to the member's account if such person had been a member of the
current plan since its inception or, if the person's contributions and
interest are in excess of what the person would have paid, such person will
receive a refund of such excess. The board of trustees shall adopt
appropriate rules and regulations governing the operation of the plan in
effect immediately prior to October 13, 1961.
3. Should a retirant again become an active member, such person's
retirement allowance payments shall cease during such membership and shall
be recalculated upon subsequent retirement to include any creditable
service earned during the person's latest period of active membership in
accordance with subsection 2 of section 169.324.
4. In the event of the complete termination of the retirement system
established by section 169.280 or the complete discontinuance of
contributions to such retirement system, the rights of all members to
benefits accrued to the date of such termination or discontinuance, to the
extent then funded, shall be fully vested and nonforfeitable.
5. If a member leaves employment with an employer to perform
qualified military service, as defined in Section 414(u) of the Internal
Revenue Code of 1986, as amended, and dies while in such service, the
member's survivors shall be entitled to any additional benefits (other than
benefit accruals relating to the period of qualified military service) that
would have been provided had the member resumed employment with the
employer and then terminated on account of death in accordance with the
requirements of Sections 407(a)(37) and 414(u) of the Internal Revenue Code
of 1986, as amended. In such event, the member's period of qualified
military services shall be counted as creditable service for purposes of
vesting but not for purposes of determining the amount of the member's
retirement allowance.
2001
169.301. 1. Any active member who has completed five or more years of
actual (not purchased) creditable service shall be entitled to a vested
retirement benefit equal to the annual service retirement allowance provided
in sections 169.270 to 169.400 payable after attaining the minimum normal
retirement age and calculated in accordance with the law in effect on the
last date such person was a regular employee; provided, that such member does
not withdraw such person's accumulated contributions pursuant to section
169.328 prior to attaining the minimum normal retirement age.
2. Any member who elected on October 13, 1961, or within thirty days
thereafter, to continue to contribute and to receive benefits under sections
169.270 to 169.400 may continue to be a member of the retirement system under
the terms and conditions of the plan in effect immediately prior to October
13, 1961, or may, upon written request to the board of trustees, transfer to
the present plan, provided that the member pays into the system any
additional contributions with interest the member would have credited to the
member's account if such person had been a member of the current plan since
its inception or, if the person's contributions and interest are in excess of
what the person would have paid, such person will receive a refund of such
excess. The board of trustees shall adopt appropriate rules and regulations
governing the operation of the plan in effect immediately prior to October
13, 1961.
3. Should a retirant again become an active member, such person's
retirement allowance payments shall cease during such membership and shall be
recalculated upon subsequent retirement to include any creditable service
earned during the person's latest period of active membership in accordance
with subsection 2 of section 169.324.
1994
169.301. 1. Any active member who has completed five or
more years of actual (not purchased) creditable service shall be
entitled to a vested retirement benefit equal to the annual
service retirement allowance provided in sections 169.270 to
169.400 payable after attaining the minimum normal retirement age
and calculated in accordance with the law in effect on the last
date such person was a regular employee; provided, that such
member does not withdraw such person's accumulated contributions
pursuant to section 169.328 prior to attaining the minimum normal
retirement age.
2. Any member who elected on October 13, 1961, or within
thirty days thereafter, to continue to contribute and to receive
benefits under sections 169.270 to 169.400 may continue to be a
member of the retirement system under the terms and conditions of
the plan in effect immediately prior to October 13, 1961, or may,
upon written request to the board of trustees, transfer to the
present plan, provided that the member pays into the system any
additional contributions with interest the member would have
credited to the member's account if such person had been a member
of the current plan since its inception or, if the person's
contributions and interest are in excess of what the person would
have paid, such person will receive a refund of such excess. The
board of trustees shall adopt appropriate rules and regulations
governing the operation of the plan in effect immediately prior
to October 13, 1961.
3. Should a retirant again become an active member, such
person's retirement allowance payments shall cease during such
membership and shall be recalculated upon subsequent retirement
to include any creditable service earned during the person's
latest period of active membership.
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