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Section: 169.0322 Retirement for disability--periodic examination--subsequent reemployment and retirement. RSMO 169.322


Published: 2015

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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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