Missouri Revised Statutes
Chapter 104
Retirement of State Officers and Employees
←104.339
Section 104.340.1
104.342→
August 28, 2015
Creditable prior service and prior service credits--what is included--special consultants, requirements, compensation.
104.340. 1. Any member, on the first day of the first month following
the original effective date of sections 104.310* to 104.540, September 1,
1957, shall be entitled to creditable prior service for the purpose of
sections 104.310* to 104.620 for all active military service performed in the
United States Army, Air Force, Navy, Marine Corps, Coast Guard and members of
the United States Public Health Service when in the active military service,
or any women's auxiliary thereof in time of active armed warfare, if such
member was a state employee immediately prior to the member's entry into the
armed services and became an employee of the state within ninety days after
termination of such service under honorable conditions or release to inactive
status in a reserve component of the Armed Forces. This includes:
(1) Members of the reserve component of the Armed Forces (National Guard
of the United States, United States Army Reserve, Air National Guard of the
United States, United States Air Force Reserve, United States Naval Reserve,
United States Marine Corps Reserve, United States Coast Guard);
(2) Reserve components existing prior and subsequent to the original
effective date of sections 104.310* to 104.540; and
(3) The reserve of the United States Public Health Service, while in the
active military service of the United States.
2. Any former full-time employee of a state board, whether unassigned or
assigned to the governor, who becomes a member within one year of termination
of employment with the board, shall be entitled to creditable prior service
not to exceed eight years for service rendered, provided the member had not
become vested in a city or county retirement system and has or attains one or
more years of continuous service.
3. Notwithstanding any other provision of law to the contrary, any
employee of a political subdivision who becomes a state employee, or gains
eligibility to become a member, by an act, or acts, of the general assembly
after August 13, 1986, making such employment state employment shall be
entitled only to prior service credit for such employment with a political
subdivision. Such prior service credit, which cannot exceed eight years,
shall be used in the determination of eligibility for benefits pursuant to the
provisions of sections 104.310* to 104.612 but not in determining the amount
of benefits, if the person makes application to the board for such prior
service credit within ninety days of becoming a member of the Missouri state
employees' retirement system, and establishes such service to the satisfaction
of the board; except that such prior service credit shall not be used for the
purposes of computing the minimum benefit provided by section 104.615.
4. Any member who had performed active service in the United States
Army, Air Force, Navy, Marine Corps, Army or Air National Guard, Coast Guard,
or any reserve component thereof prior to last becoming a member, or who is
otherwise ineligible under subsection 1 of this section or other provisions of
this chapter, and who became a member after the person's discharge under
honorable conditions may elect, prior to retirement, to purchase all of the
member's creditable prior service equivalent to such service in the Armed
Forces, but not to exceed four years, provided the person is not receiving and
is not eligible to receive retirement credits or benefits from any other
public or private retirement plan for the service to be purchased. However,
if the member is eligible to receive retirement credits in a United States
military service retirement system, the member shall be permitted to purchase
creditable prior service equivalent to such service in the Armed Forces, but
not to exceed four years, any other provision of law to the contrary
notwithstanding. The purchase shall be effected by the member's submission of
appropriate documentation verifying the member's dates of active service and
by paying to the retirement system an amount equal to what would have been
contributed by the state in the member's behalf had the member been a member
for the period for which the member is electing to purchase credit and had the
member's compensation during such period of membership been the same as the
annual salary rate at which the member was initially employed by a department,
with the calculations based on the contribution rate in effect on the date of
employment with simple interest calculated from the date of employment from
which the member could first receive creditable service to the date of
election under this subsection. The payment shall be made over a period of
not longer than two years, measured from the date of election, and with simple
interest on the unpaid balance. Payments made for such creditable prior
service under this subsection shall be treated by the retirement system as
would contributions made by the state and shall not be subject to any
prohibition on member contributions or refund provisions in effect at the time
of enactment of this subsection**.
5. Any member who terminated employment prior to August 13, 1986, who
had served in the Armed Forces of the United States prior to becoming a
member, or who is otherwise ineligible pursuant to subsection 1 of this
section or other provisions of this chapter, and who became a member after the
person's discharge under honorable conditions 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 of the system 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 requests. As
compensation for such services, the consultant shall be eligible to purchase,
prior to retirement, creditable prior service as provided in this subsection.
6. Any member who is an employee on or after June 30, 1988, shall be
entitled to creditable prior service for all full-time service rendered at
Lincoln University prior to June 30, 1988, if such service is established to
the satisfaction of the board, provided such member elects in writing to
forfeit all rights accrued under the Lincoln University retirement plan for
such service, and provided such service is not now credited the member under
the Missouri state employees' retirement system.
7. Any person who is an employee on or after August 28, 1989, and who
has been denied credit for any service because the person was a member of some
other retirement system or benefit fund to which the state was a contributor
shall receive creditable prior service for all the service rendered which
would have otherwise been earned during such period of service by the person
except for the denial of credit; however, in no event shall any person receive
service credit for the same period of service under more than one retirement
system.
8. Upon application to the board, any member or former member not yet
retired previously employed by the Missouri institute of psychiatry prior to
July 1, 1974, and who by virtue of such employment was a member of a
retirement system or plan other than the Missouri state employees' retirement
system but did not become vested in that system or plan shall receive
creditable prior service for such service, provided that such service is not
used for the calculation of benefits under any other retirement system or
plan, excluding Social Security, and that such service is established to the
satisfaction of the board.
9. Any retired member previously employed by the Missouri institute of
psychiatry prior to July 1, 1974, and who by virtue of such employment was a
member of a retirement system or plan other than the Missouri state employees'
retirement system but did not become vested in that system or plan may make
application to be made, constituted, appointed, and employed by the board as a
special consultant on the problems of retirement, aging and other state
matters. As compensation the special consultant shall receive beginning the
month next following such appointment an amount equal to the retirement
benefit the member would have been receiving had such service been included in
the original retirement benefit calculation, provided that such service is not
used for the calculation of benefits under any other retirement system or
plan, excluding Social Security, and that such service is established to the
satisfaction of the board.
10. Notwithstanding any other provisions of law to the contrary, if a
former employee terminated employment before January 1, 1988, and such former
employee had also served as a board member pursuant to the provisions of
section 329.190, such former employee shall upon application to the board of
trustees of the Missouri state employees' retirement system be made a special
consultant on the problems of retirement and shall upon request of the board
of trustees give opinions in writing or orally in response to such request.
As compensation for such services, the former employee shall receive
creditable service for all time the former employee was employed by the state
and the time the former employee served on the board pursuant to the
provisions of section 329.190, provided that such service is not used for
vesting in any other public employee retirement system.
(L. 1957 p. 706 § 5, A.L. 1959 H.B. 283, A.L. 1972 S.B. 548, A.L.
1978 H.B. 1634, A.L. 1981 H.B. 835, et al., A.L. 1984 H.B. 1370,
A.L. 1985 H.B. 790, H.B. 575, A.L. 1986 H.B. 1496, A.L. 1987 H.B.
713, A.L. 1988 H.B. 1643 & 1399, A.L. 1988 H.B. 1100, et al.,
A.L. 1989 H.B. 610 merged with H.B. 674, A.L. 1992 S.B. 499, et al.,
A.L. 1993 S.B. 126, A.L. 1994 H.B. 1149, A.L. 1997 H.B. 356,
A.L. 2003 S.B. 248, et al.)
*Section 104.310 was repealed by H.B. 1643, 1988.
**"This subsection" was enacted as subsection 12 of
H.B. 1496, 1986, and went into effect on 8-13-86.
1997
1997
104.340. 1. Any member, on the first day of the first month
following the original effective date of sections 104.310* to 104.540,
September 1, 1957, shall be entitled to creditable prior service for the
purpose of sections 104.310* to 104.620 for all active military service
performed in the United States Army, Air Force, Navy, Marine Corps, Coast
Guard and members of the United States Public Health Service when in the
active military service, or any women's auxiliary thereof in time of active
armed warfare, if such member was a state employee immediately prior to the
member's entry into the armed services and became an employee of the state
within ninety days after termination of such service under honorable
conditions or release to inactive status in a reserve component of the
armed forces. This includes:
(1) Members of the reserve component of the armed forces (National
Guard of the United States, United States Army Reserve, Air National Guard
of the United States, United States Air Force Reserve, United States Naval
Reserve, United States Marine Corps Reserve, United States Coast Guard);
(2) Reserve components existing prior and subsequent to the original
effective date of sections 104.310* to 104.540; and
(3) The reserve of the United States Public Health Service, while in
the active military service of the United States.
2. Any former full-time employee of a state board, whether unassigned
or assigned to the governor, who becomes a member within one year of
termination of employment with the board, shall be entitled to creditable
prior service not to exceed eight years for service rendered, provided the
member had not become vested in a city or county retirement system and has
or attains one or more years of continuous service.
3. Notwithstanding any other provision of law to the contrary, any
employee of a political subdivision who becomes a state employee, or gains
eligibility to become a member, by an act, or acts, of the general assembly
after August 13, 1986, making such employment state employment shall be
entitled only to prior service credit for such employment with a political
subdivision. Such prior service credit, which cannot exceed eight years,
shall be used in the determination of eligibility for benefits pursuant to
the provisions of sections 104.310* to 104.612 but not in determining the
amount of benefits, if the person makes application to the board for such
prior service credit within ninety days of becoming a member of the
Missouri state employees' retirement system, and establishes such service
to the satisfaction of the board; except that such prior service credit
shall not be used for the purposes of computing the minimum benefit
provided by section 104.615.
4. Any member who had performed active service in the United States
Army, Air Force, Navy, Marine Corps, Army or Air National Guard, Coast
Guard, or any reserve component thereof prior to becoming a member, or who
is otherwise ineligible under subsection 1 of this section or other
provisions of this chapter, and who became a member after the person's
discharge under honorable conditions may elect, prior to retirement, to
purchase all of the member's creditable prior service equivalent to such
service in the armed forces, but not to exceed four years, provided the
person is not receiving and is not eligible to receive retirement credits
or benefits from any other public or private retirement plan for the
service to be purchased, and an affidavit so stating shall be filed by the
member with the retirement system. However, if the member is eligible to
receive retirement credits in a United States military service retirement
system, the member shall be permitted to purchase creditable prior service
equivalent to such service in the armed forces, but not to exceed four
years, any other provision of law to the contrary notwithstanding. The
purchase shall be effected by the member's submission of appropriate
documentation verifying the member's dates of active service and by paying
to the retirement system an amount equal to what would have been
contributed by the state in the member's behalf had the member been a
member for the period for which the member is electing to purchase credit
and had the member's compensation during such period of membership been the
same as the annual salary rate at which the member was initially employed
by a department, with the calculations based on the contribution rate in
effect on the date of employment with simple interest calculated from the
date of employment from which the member could first receive creditable
service to the date of election under this subsection. The payment shall
be made over a period of not longer than two years, measured from the date
of election, and with simple interest on the unpaid balance. Payments made
for such creditable prior service under this subsection shall be treated by
the retirement system as would contributions made by the state and shall
not be subject to any prohibition on member contributions or refund
provisions in effect at the time of enactment of this subsection**.
5. Any member who terminated employment prior to August 13, 1986, who
had served in the armed forces of the United States prior to becoming a
member, or who is otherwise ineligible pursuant to subsection 1 of this
section or other provisions of this chapter, and who became a member after
the person's discharge under honorable conditions 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
of the system 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 requests. As compensation for such services, the
consultant shall be eligible to purchase, prior to retirement, creditable
prior service as provided in this subsection.
6. Any member who is an employee on or after June 30, 1988, shall be
entitled to creditable prior service for all full-time service rendered at
Lincoln University prior to June 30, 1988, if such service is established
to the satisfaction of the board, provided such member elects in writing to
forfeit all rights accrued under the Lincoln University retirement plan for
such service, and provided such service is not now credited the member
under the Missouri state employees' retirement system.
7. Any person who is an employee on or after August 28, 1989, and who
has been denied credit for any service because the person was a member of
some other retirement system or benefit fund to which the state was a
contributor shall receive creditable prior service for all the service
rendered which would have otherwise been earned during such period of
service by the person except for the denial of credit; however, in no event
shall any person receive service credit for the same period of service
under more than one retirement system.
8. Upon application to the board, any member or former member not yet
retired previously employed by the Missouri institute of psychiatry prior
to July 1, 1974, and who by virtue of such employment was a member of a
retirement system or plan other than the Missouri state employees'
retirement system but did not become vested in that system or plan shall
receive creditable prior service for such service, provided that such
service is not used for the calculation of benefits under any other
retirement system or plan, excluding Social Security, and that such service
is established to the satisfaction of the board.
9. Any retired member previously employed by the Missouri institute
of psychiatry prior to July 1, 1974, and who by virtue of such employment
was a member of a retirement system or plan other than the Missouri state
employees' retirement system but did not become vested in that system or
plan may make application to be made, constituted, appointed, and employed
by the board as a special consultant on the problems of retirement, aging
and other state matters. As compensation the special consultant shall
receive beginning the month next following such appointment an amount equal
to the retirement benefit the member would have been receiving had such
service been included in the original retirement benefit calculation,
provided that such service is not used for the calculation of benefits
under any other retirement system or plan, excluding Social Security, and
that such service is established to the satisfaction of the board.
10. Notwithstanding any other provisions of law to the contrary, if a
former employee terminated employment before January 1, 1988, and such
former employee had also served as a board member pursuant to the
provisions of section 329.190, RSMo, such former employee shall upon
application to the board of trustees of the Missouri state employees'
retirement system be made a special consultant on the problems of
retirement and shall upon request of the board of trustees give opinions in
writing or orally in response to such request. As compensation for such
services, the former employee shall receive creditable service for all time
the former employee was employed by the state and the time the former
employee served on the board pursuant to the provisions of section 329.190,
RSMo, provided that such service is not used for vesting in any other
public employee retirement system.
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