Missouri Revised Statutes
Chapter 169
Teacher and School Employee Retirement Systems
←169.320
Section 169.322.1
169.324→
August 28, 2015
Retirement for disability--periodic examination--subsequent reemployment and retirement.
169.322. 1. Upon the written application of an active member or of the
person's employer's board, any active member who has five or more years of
creditable service shall be retired by the board of trustees on a disability
retirement allowance, if the medical board after a medical examination of such
member, or based on such other medical information as the medical board may
require, shall certify that such member is mentally or physically unable to
perform such member's employment duties and that such incapacity is likely to
be permanent. Application for a disability retirement allowance may be made
after the member ceases to be an active member; provided that, the disability
commenced while the member was an active member, and further provided that
application is made no later than six months after the disabled member ceases
to be an employee of his or her employer. The first monthly payment of such
disability retirement allowance shall not be made to such member so long as
the member receives compensation from the member's employer.
2. Upon retirement for disability, a member shall receive a disability
retirement allowance which shall be determined in the same manner as the
service retirement allowance as set forth in section 169.324, but not less
than the minimum disability retirement allowance provided in this section.
The minimum disability retirement allowance shall be the lesser of:
(1) Twenty-five percent of the person's average final compensation; or
(2) The member's service retirement allowance calculated based on the
member's final average compensation and the maximum number of years of
creditable service the member would have earned had the member remained an
employee until attaining the age of sixty.
3. Once each year during the first five years following a member's
retirement on a disability retirement allowance and once in every three-year
period thereafter, the board of trustees may require any disability retirant
who has not yet attained minimum normal retirement age to undergo a medical
examination at a place designated by the medical board, such examination to
be made by the medical board or by a physician or physicians designated by
such board. Should any such disability retirant refuse to submit to such
medical examination, the person's disability allowance may be discontinued
until the person's withdrawal of such refusal, and should the person's
refusal continue for one year all rights in and to the person's disability
allowance shall be revoked by the board of trustees.
4. Should the board of trustees determine that any disability retirant
who has not yet attained minimum normal retirement age is engaged in or is
able to engage in a gainful occupation paying more than the difference
between the person's monthly disability retirement allowance plus any Social
Security benefits to which the person is eligible and the current rate of
monthly compensation for the position the person held at retirement, then the
amount of the person's disability retirement allowance shall be reduced to an
amount which together with Social Security benefits and the amount earnable by
the person shall equal such current rate of monthly compensation. Should the
person's earning capacity be later changed, the amount of the person's
disability retirement allowance may be further modified. The board of trustees
may engage those persons, firms or corporations which it deems necessary to
assist the board of trustees in making any determination under this
subsection.
5. Should any member retired for disability be restored to active service
as a regular employee, the member's disability retirement allowance shall
cease and the member shall again become a member of the retirement system, and
contribute thereunder. Anything in sections 169.270 to 169.400 to the
contrary notwithstanding, a disability retirant who has not attained the
minimum normal retirement age at the date of again becoming a member shall
have the person's creditable service at the time of the person's disability
retirement restored, and the excess of the person's accumulated contributions
at time of retirement over the total payments which the person received
during retirement shall be credited to the person's account. Upon subsequent
retirement, the person shall be entitled to a service retirement allowance to
the extent the person meets the requisite qualifications, and the person's
prior disability retirement allowance shall not be resumed. If a disability
retirant has attained the minimum normal retirement age at the date of again
becoming a member, the disability retirement allowance the person was
receiving immediately prior to restoration of membership shall be resumed on
subsequent retirement, together with such retirement allowances as shall
accrue by reason of the person's latest period of membership. For the sole
purpose of determining the person's eligibility for such additional retirement
allowance, but not for determining the amount, all of the person's years of
creditable service, whether before or after the person's period of
disability, for which the person has made contributions which have not been
withdrawn, shall be considered.
(L. 1943 p. 787 § 6, A.L. 1945 p. 1342, A.L. 1951 p. 477, A.L. 1957
p. 396 § 169.320, A.L. 1961 p. 369, A.L. 1967 1st Ex. Sess. p.
885, A.L. 1982 H.B. 1522, A.L. 1984 H.B. 1470, A.L. 1989 S.B. 146,
A.L. 1993 S.B. 126, A.L. 1994 S.B. 575, A.L. 1998 H.B. 1299 merged
with S.B. 761, A.L. 2004 H.B. 1502 merged with S.B. 1242)
1998
1998
169.322. 1. Upon the written application of an active member or of
the person's employer's board, any active member who has five or more years
of creditable service shall be retired by the board of trustees on a
disability retirement allowance, if the medical board after a medical
examination of such member shall certify that such member is mentally or
physically unable to perform such member's employment duties and that such
incapacity is likely to be permanent. Application for a disability
retirement allowance may be made after the member ceases to be an active
member; provided that, the disability commenced while the member was an
active member, and further provided that application is made no later than
six months after the disabled member ceases to be an employee of his or her
employer. The first monthly payment of such disability retirement
allowance shall not be made to such member so long as the member receives
compensation from the member's employer.
2. Upon retirement for disability, a member shall receive a
disability retirement allowance which shall be determined in the same
manner as the service retirement allowance as set forth in section 169.324,
but not less than the minimum disability retirement allowance provided in
this section. The minimum disability retirement allowance shall be the
lesser of:
(1) Twenty-five percent of the person's average final compensation;
or
(2) The member's service retirement allowance calculated based on the
member's final average compensation and the maximum number of years of
creditable service the member would have earned had the member remained an
employee until attaining the age of sixty.
3. Once each year during the first five years following a member's
retirement on a disability retirement allowance and once in every
three-year period thereafter, the board of trustees may require any
disability retirant who has not yet attained minimum normal retirement age
to undergo a medical examination at a place designated by the medical
board, such examination to be made by the medical board or by a physician
or physicians designated by such board. Should any such disability
retirant refuse to submit to such medical examination, the person's
disability allowance may be discontinued until the person's withdrawal of
such refusal, and should the person's refusal continue for one year all
rights in and to the person's disability allowance shall be revoked by the
board of trustees.
4. Should the board of trustees determine that any disability
retirant who has not yet attained minimum normal retirement age is engaged
in or is able to engage in a gainful occupation paying more than the
difference between the person's monthly disability retirement allowance
plus any Social Security benefits to which the person is eligible and the
current rate of monthly compensation for the position the person held at
retirement, then the amount of the person's disability retirement allowance
shall be reduced to an amount which together with Social Security benefits
and the amount earnable by the person shall equal such current rate of
monthly compensation. Should the person's earning capacity be later
changed, the amount of the person's disability retirement allowance may be
further modified. The board of trustees may engage those persons, firms or
corporations which it deems necessary to assist the board of trustees in
making any determination under this subsection.
5. Should any member retired for disability be restored to active
service as a regular employee, the member's disability retirement allowance
shall cease and the member shall again become a member of the retirement
system, and contribute thereunder. Anything in sections 169.270 to 169.400
to the contrary notwithstanding, a disability retirant who has not attained
the minimum normal retirement age at the date of again becoming a member
shall have the person's creditable service at the time of the person's
disability retirement restored, and the excess of the person's accumulated
contributions at time of retirement over the total payments which the
person received during retirement shall be credited to the person's
account. Upon subsequent retirement, the person shall be entitled to a
service retirement allowance to the extent the person meets the requisite
qualifications, and the person's prior disability retirement allowance
shall not be resumed. If a disability retirant has attained the minimum
normal retirement age at the date of again becoming a member, the
disability retirement allowance the person was receiving immediately prior
to restoration of membership shall be resumed on subsequent retirement,
together with such retirement allowances as shall accrue by reason of the
person's latest period of membership. For the sole purpose of determining
the person's eligibility for such additional retirement allowance, but not
for determining the amount, all of the person's years of creditable
service, whether before or after the person's period of disability, for
which the person has made contributions which have not been withdrawn,
shall be considered.
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