Section: 104.0800 Transfers of creditable service to other retirement system--transfer to be made, when--effect of transfer--death of member prior to retirement and transfer to be computed under system with most advantageous benefits. RSMO 104.800


Published: 2015

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Missouri Revised Statutes













Chapter 104

Retirement of State Officers and Employees

←104.625

Section 104.800.1

104.801→

August 28, 2015

Transfers of creditable service to other retirement system--transfer to be made, when--effect of transfer--death of member prior to retirement and transfer to be computed under system with most advantageous benefits.

104.800. 1. Except as otherwise provided by law, any person having

earned creditable service pursuant to the provisions of the state

employees' retirement system or pursuant to the provisions of the state

transportation department employees' and highway patrol retirement system

or having service as a statewide state elective officer or having service

as a member of the general assembly or having service pursuant to the

provisions of sections 287.812 to 287.855, or having service as a judge, as

defined in section 476.515, may elect prior to retirement and not after

retirement, to make a one-time transfer of credit for such service or such

creditable service to or from any other retirement system or type of

service specified in this section or sections 56.800 to 56.840 for which

the person has accumulated service or creditable service. The amount of

transferred credit shall be accumulated with the amount of such creditable

service or such service earned by the person in the retirement system or

type of service to which the service is transferred for purposes of

determining the benefits to which the person is entitled under the

retirement system or type of service to which the service is transferred.

The transfer of such creditable service or service shall become effective

at the time the person files written notification of the person's election

with the retirement boards affected by such service transfer. When the

election to transfer creditable service or service becomes effective, the

person shall thereby forfeit any claim to any benefit under the provisions

of the retirement system or type of service, as the case may be, from which

the service or creditable service was transferred regardless of the amount

of service or creditable service previously earned in such retirement

system or type of service. Any person who has transferred service pursuant

to this subsection prior to August 28, 2002, and who is an employee covered

by a retirement plan described in this subsection after that date, may

elect to make an additional transfer of service prior to retirement if

additional service would otherwise be available to be transferred except

for the forfeiture of that service after the previous transfer. In no

event shall the amount of service that a person shall be entitled to

transfer pursuant to the provisions of this section exceed eight years.



2. In the event of the death of a member before retirement and prior

to exercising transfer rights pursuant to the provisions of this section,

survivorship benefits shall be computed as if such person had in fact

exercised or not exercised the person's transfer rights to produce the most

advantageous benefit possible.



3. Any person that has earned creditable service pursuant to the

provisions governing the Missouri state employees' retirement system or

pursuant to the provisions of chapter 287 or chapter 476, who terminated

employment prior to August 13, 1986, shall, upon application to the board

of trustees of the Missouri state employees' retirement system, be made,

constituted and 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. Upon request of the board or the court

from which the person retired, the consultant shall give opinions or be

available to give opinions in writing or orally in response to such

request. As compensation for such services, the consultant shall be

eligible, prior to retirement, to make a one-time transfer of creditable

service as provided in this section.



(L. 1986 H.B. 1496 § 2, A.L. 1987 H.B. 713, A.L. 1995 H.B. 416, et

al., A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 & 314, A.L. 2002 H.B.

1455, A.L. 2013 H.B. 233)





2002

1999



2002



104.800. 1. Except as otherwise provided by law, any person having

earned creditable service pursuant to the provisions of the state employees'

retirement system or pursuant to the provisions of the state transportation

department employees' and highway patrol retirement system or having service

as a statewide state elective officer or having service as a member of the

general assembly or having service pursuant to the provisions of sections

287.812 to 287.855, or having service as a judge, as defined in section

476.515, may elect prior to retirement and not after retirement, to make a

one-time transfer of credit for such service or such creditable service to or

from any other retirement system or type of service specified in this section

or sections 56.800 to 56.840 for which the person has accumulated service or

creditable service. The amount of transferred credit shall be accumulated

with the amount of such creditable service or such service earned by the

person in the retirement system or type of service to which the service is

transferred for purposes of determining the benefits to which the person is

entitled under the retirement system or type of service to which the service

is transferred. The transfer of such creditable service or service shall

become effective on the first day of the second month following the month in

which the person files written notification of the person's election with the

retirement boards affected by such service transfer. When the election to

transfer creditable service or service becomes effective, the person shall

thereby forfeit any claim to any benefit under the provisions of the

retirement system or type of service, as the case may be, from which the

service or creditable service was transferred regardless of the amount of

service or creditable service previously earned in such retirement system or

type of service. Any person who has transferred service pursuant to this

subsection prior to August 28, 2002, and who is an employee covered by a

retirement plan described in this subsection after that date, may elect to

make an additional transfer of service prior to retirement if additional

service would otherwise be available to be transferred except for the

forfeiture of that service after the previous transfer. In no event shall

the amount of service that a person shall be entitled to transfer pursuant to

the provisions of this section exceed eight years.



2. In the event of the death of a member before retirement and prior to

exercising transfer rights pursuant to the provisions of this section,

survivorship benefits shall be computed as if such person had in fact

exercised or not exercised the person's transfer rights to produce the most

advantageous benefit possible.



3. Any person that has earned creditable service pursuant to the

provisions governing the Missouri state employees' retirement system or

pursuant to the provisions of chapter 287 or chapter 476, who terminated

employment prior to August 13, 1986, shall, upon application to the board of

trustees of the Missouri state employees' retirement system, be made,

constituted and 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. Upon request of the board or the court from which the

person retired, the consultant shall give opinions or be available to give

opinions in writing or orally in response to such request. As compensation

for such services, the consultant shall be eligible, prior to retirement, to

make a one-time transfer of creditable service as provided in this section.



1999



104.800. 1. Except as otherwise provided by law, any person having

earned creditable service pursuant to the provisions of the state

employees' retirement system or pursuant to the provisions of the state

transportation department employees' and highway patrol retirement system

or having service as a statewide state elective officer or having service

as a member of the general assembly or having service pursuant to the

provisions of sections 287.812 to 287.855, RSMo, or having service as a

judge, as defined in section 476.515, RSMo, may elect prior to retirement

and not after retirement, to make a one-time transfer of credit for such

service or such creditable service to or from any other retirement system

or type of service specified in this section or sections 56.800 to 56.840,

RSMo, for which the person has accumulated service or creditable service.

The amount of transferred credit shall be accumulated with the amount of

such creditable service or such service earned by the person in the

retirement system or type of service to which the service is transferred

for purposes of determining the benefits to which the person is entitled

under the retirement system or type of service to which the service is

transferred. The transfer of such creditable service or service shall

become effective on the first day of the second month following the month

in which the person files written notification of the person's election

with the retirement boards affected by such service transfer. When the

election to transfer creditable service or service becomes effective, the

person shall thereby forfeit any claim to any benefit under the provisions

of the retirement system or type of service, as the case may be, from which

the service or creditable service was transferred regardless of the amount

of service or creditable service previously earned in such retirement

system or type of service. The amount of service a person shall be

entitled to transfer pursuant to the provisions of this section shall not

exceed five years.



2. In the event of the death of a member before retirement and prior

to exercising transfer rights pursuant to the provisions of this section,

survivorship benefits shall be computed as if such person had in fact

exercised or not exercised the person's transfer rights to produce the most

advantageous benefit possible.



3. Any person that has earned creditable service pursuant to the

provisions governing the Missouri state employees' retirement system or

pursuant to the provisions of chapter 287, RSMo, or chapter 476, RSMo, who

terminated employment prior to August 13, 1986, shall, upon application to

the board of trustees of the Missouri state employees' retirement system,

be made, constituted and 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. Upon request of the board or the court

from which the person retired, the consultant shall give opinions or be

available to give opinions in writing or orally in response to such

request. As compensation for such services, the consultant shall be

eligible, prior to retirement, to make a one-time transfer of creditable

service as provided in this section.



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