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Section: 169.0301 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. ...


Published: 2015

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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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