Missouri Revised Statutes
Chapter 104
Retirement of State Officers and Employees
←104.1215
Section 104.010.1
104.012→
August 28, 2015
Definitions.
104.010. 1. The following words and phrases as used in sections
104.010 to 104.800, unless a different meaning is plainly required by the
context, shall mean:
(1) "Accumulated contributions", the sum of all deductions for
retirement benefit purposes from a member's compensation which shall be
credited to the member's individual account and interest allowed thereon;
(2) "Active armed warfare", any declared war, or the Korean or
Vietnamese Conflict;
(3) "Actuarial equivalent", a benefit which, when computed upon the
basis of actuarial tables and interest, is equal in value to a certain
amount or other benefit;
(4) "Actuarial tables", the actuarial tables approved and in use by a
board at any given time;
(5) "Actuary", the actuary who is a member of the American Academy of
Actuaries or who is an enrolled actuary under the Employee Retirement
Income Security Act of 1974 and who is employed by a board at any given
time;
(6) "Annuity", annual payments, made in equal monthly installments,
to a retired member from funds provided for in, or authorized by, this
chapter;
(7) "Annuity starting date", the first day of the first month with
respect to which an amount is paid as an annuity under sections 104.010 to
104.800, and the terms retirement, time of retirement, and date of
retirement shall mean annuity starting date as defined in this subdivision
unless the context in which the term is used indicates otherwise;
(8) "Average compensation", the average compensation of a member for
the thirty-six consecutive months of service prior to retirement when the
member's compensation was greatest; or if the member is on workers'
compensation leave of absence or a medical leave of absence due to an
employee illness, the amount of compensation the member would have received
may be used, as reported and verified by the employing department; or if
the member had less than thirty-six months of service, the average annual
compensation paid to the member during the period up to thirty-six months
for which the member received creditable service when the member's
compensation was the greatest; or if the member is on military leave, the
amount of compensation the member would have received may be used as
reported and verified by the employing department or, if such amount is not
determinable, the amount of the employee's average rate of compensation
during the twelve-month period immediately preceding such period of leave,
or if shorter, the period of employment immediately preceding such period
of leave. The board of each system may promulgate rules for purposes of
calculating average compensation and other retirement provisions to
accommodate for any state payroll system in which compensation is received
on a monthly, semimonthly, biweekly, or other basis;
(9) "Beneficiary", any persons or entities entitled to or nominated
by a member or retiree who may be legally entitled to receive benefits
pursuant to this chapter;
(10) "Biennial assembly", the completion of no less than two years of
creditable service or creditable prior service by a member of the general
assembly;
(11) "Board of trustees", "board", or "trustees", a board of trustees
as established for the applicable system pursuant to this chapter;
(12) "Chapter", sections 104.010 to 104.800;
(13) "Compensation":
(a) All salary and wages payable out of any state, federal, trust, or
other funds to an employee for personal services performed for a
department; but including only amounts for which contributions have been
made in accordance with section 104.436, or section 104.070, whichever is
applicable, and excluding any nonrecurring single sum payments or amounts
paid after the member's termination of employment unless such amounts paid
after such termination are a final installment of salary or wages at the
same rate as in effect immediately prior to termination of employment in
accordance with a state payroll system adopted on or after January 1, 2000,
or any other one-time payments made as a result of such payroll system;
(b) All salary and wages which would have been payable out of any
state, federal, trust or other funds to an employee on workers'
compensation leave of absence during the period the employee is receiving a
weekly workers' compensation benefit, as reported and verified by the
employing department;
(c) Effective December 31, 1995, compensation in excess of the
limitations set forth in Internal Revenue Code Section 401(a)(17) shall be
disregarded. The limitation on compensation for eligible employees shall
not be less than the amount which was allowed to be taken into account
under the system as in effect on July 1, 1993. For this purpose, an
"eligible employee" is an individual who was a member of the system before
the first plan year beginning after December 31, 1995;
(14) "Consumer price index", the Consumer Price Index for All Urban
Consumers for the United States, or its successor index, as approved by a
board, as such index is defined and officially reported by the United
States Department of Labor, or its successor agency;
(15) "Creditable prior service", the service of an employee which was
either rendered prior to the establishment of a system, or prior to the
date the employee last became a member of a system, and which is recognized
in determining the member's eligibility and for the amount of the member's
benefits under a system;
(16) "Creditable service", the sum of membership service and
creditable prior service, to the extent such service is standing to a
member's credit as provided in this chapter; except that in no case shall
more than one day of creditable service or creditable prior service be
credited any member for any one calendar day of eligible service credit as
provided by law;
(17) "Deferred normal annuity", the annuity payable to any former
employee who terminated employment as an employee or otherwise withdrew
from service with a vested right to a normal annuity, payable at a future
date;
(18) "Department", any department or agency of the executive,
legislative or judicial branch of the state of Missouri receiving state
appropriations, including allocated funds from the federal government but
not including any body corporate or politic unless its employees are
eligible for retirement coverage from a system pursuant to this chapter as
otherwise provided by law;
(19) "Disability benefits", benefits paid to any employee while
totally disabled as provided in this chapter;
(20) "Early retirement age", a member's attainment of fifty-five
years of age and the completion of ten or more years of creditable service,
except for uniformed members of the water patrol;
(21) "Employee":
(a) Effective August 28, 2007, any elective or appointive officer or
person employed by the state who is employed, promoted or transferred by a
department into a new or existing position and earns a salary or wage in a
position normally requiring the performance by the person of duties during
not less than one thousand forty hours per year, including each member of
the general assembly but not including any patient or inmate of any state,
charitable, penal or correctional institution. However, persons who are
members of the public school retirement system and who are employed by a
state agency other than an institution of higher learning shall be deemed
employees for purposes of participating in all insurance programs
administered by a board established pursuant to section 104.450. This
definition shall not exclude any employee as defined in this subdivision
who is covered only under the federal Old Age and Survivors' Insurance Act,
as amended. As used in this chapter, the term "employee" shall include:
a. Persons who are currently receiving annuities or other retirement
benefits from some other retirement or benefit fund, so long as they are
not simultaneously accumulating creditable service in another retirement or
benefit system which will be used to determine eligibility for or the
amount of a future retirement benefit;
b. Persons who have elected to become or who have been made members
of a system pursuant to section 104.342;
(b) Any person who is not a retiree and has performed services in the
employ of the general assembly or either house thereof, or any employee of
any member of the general assembly while acting in the person's official
capacity as a member, and whose position does not normally require the
person to perform duties during at least one thousand forty hours per year,
with a month of service being any monthly pay period in which the employee
was paid for full-time employment for that monthly period; except that
persons described in this paragraph shall not include any such persons who
are employed on or after August 28, 2007, and who have not previously been
employed in such positions;
(c) "Employee" does not include special consultants employed pursuant
to section 104.610;
(d) The system shall consider a person who is employed in multiple
positions simultaneously within a single agency to be working in a single
position for purposes of determining whether the person is an employee as
defined in this subdivision;
(22) "Employer", a department of the state;
(23) "Executive director", the executive director employed by a board
established pursuant to the provisions of this chapter;
(24) "Fiscal year", the period beginning July first in any year and
ending June thirtieth the following year;
(25) "Full biennial assembly", the period of time beginning on the
first day the general assembly convenes for a first regular session until
the last day of the following year;
(26) "Fund", the benefit fund of a system established pursuant to
this chapter;
(27) "Interest", interest at such rate as shall be determined and
prescribed from time to time by a board;
(28) "Member", as used in sections 104.010 to 104.272 or 104.601 to
104.800 shall mean an employee, retiree, or former employee entitled to a
deferred annuity covered by the Missouri department of transportation and
highway patrol employees' retirement system. "Member", as used in this
section and sections 104.312 to 104.800, shall mean an employee, retiree,
or former employee entitled to deferred annuity covered by the Missouri
state employees' retirement system;
(29) "Membership service", the service after becoming a member that
is recognized in determining a member's eligibility for and the amount of a
member's benefits under a system;
(30) "Military service", all active service performed in the United
States Army, Air Force, Navy, Marine Corps, Coast Guard, and members of the
United States Public Health Service or any women's auxiliary thereof; and
service in the Army National Guard and Air National Guard when engaged in
active duty for training, inactive duty training or full-time National
Guard duty, and service by any other category of persons designated by the
President in time of war or emergency;
(31) "Normal annuity", the annuity provided to a member upon
retirement at or after the member's normal retirement age;
(32) "Normal retirement age", an employee's attainment of sixty-five
years of age and the completion of four years of creditable service or the
attainment of age sixty-five years of age and the completion of five years
of creditable service by a member who has terminated employment and is
entitled to a deferred normal annuity or the member's attainment of age
sixty and the completion of fifteen years of creditable service, except
that normal retirement age for uniformed members of the highway patrol
shall be fifty-five years of age and the completion of four years of
creditable service and uniformed employees of the water patrol shall be
fifty-five years of age and the completion of four years of creditable
service or the attainment of age fifty-five and the completion of five
years of creditable service by a member of the water patrol who has
terminated employment and is entitled to a deferred normal annuity and
members of the general assembly shall be fifty-five years of age and the
completion of three full biennial assemblies. Notwithstanding any other
provision of law to the contrary, a member of the Missouri department of
transportation and highway patrol employees' retirement system or a member
of the Missouri state employees' retirement system shall be entitled to
retire with a normal annuity and shall be entitled to elect any of the
survivor benefit options and shall also be entitled to any other provisions
of this chapter that relate to retirement with a normal annuity if the sum
of the member's age and creditable service equals eighty years or more and
if the member is at least forty-eight years of age;
(33) "Payroll deduction", deductions made from an employee's
compensation;
(34) "Prior service credit", the service of an employee rendered
prior to the date the employee became a member which service is recognized
in determining the member's eligibility for benefits from a system but not
in determining the amount of the member's benefit;
(35) "Reduced annuity", an actuarial equivalent of a normal annuity;
(36) "Retiree", a member who is not an employee and who is receiving
an annuity from a system pursuant to this chapter;
(37) "System" or "retirement system", the Missouri department of
transportation and highway patrol employees' retirement system, as created
by sections 104.010 to 104.270, or sections 104.601 to 104.800, or the
Missouri state employees' retirement system as created by sections 104.320
to 104.800;
(38) "Uniformed members of the highway patrol", the superintendent,
lieutenant colonel, majors, captains, director of radio, lieutenants,
sergeants, corporals, and patrolmen of the Missouri state highway patrol
who normally appear in uniform;
(39) "Uniformed members of the water patrol", employees of the
Missouri state water patrol* of the department of public safety who are
classified as water patrol officers who have taken the oath of office
prescribed by the provisions of chapter 306 and who have those peace
officer powers given by the provisions of chapter 306;
(40) "Vesting service", the sum of a member's prior service credit
and creditable service which is recognized in determining the member's
eligibility for benefits under the system.
2. Benefits paid pursuant to the provisions of this chapter shall not
exceed the limitations of Internal Revenue Code Section 415, the provisions
of which are hereby incorporated by reference. Notwithstanding any other
law to the contrary, the board of trustees may establish a benefit plan
under Section 415(m) of the Internal Revenue Code of 1986, as amended.
Such plan shall be created solely for the purposes described in Section
415(m)(3)(A) of the Internal Revenue Code of 1986, as amended. The board
of trustees may promulgate regulations necessary to implement the
provisions of this subsection and to create and administer such benefit
plan.
(L. 1955 p. 718 § 1, A.L. 1965 p. 223, A.L. 1969 p. 174, A.L. 1972
S.B. 650, A.L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et
al., A.L. 1983 H.B. 713 Revision, A.L. 1987 H.B. 713, A.L. 1988
H.B. 1643 & 1399, A.L. 1989 S.B. 135, A.L. 1992 S.B. 499, et al.,
A.L. 1994 H.B. 1149, A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 &
314, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 371, A.L. 2003 S.B. 248,
et al., A.L. 2007 S.B. 406, A.L. 2013 H.B. 233)
*"Missouri state water patrol" changed to "water patrol division" by
306.010, 2010.
(2000) Circuit court employees, who are paid entirely by the county
and are hired and fired by court administrator, are not "state
employees" qualified to participate in state retirement system;
source of salary test, rather than right to control test, applies.
Boone County v. County Employees' Retirement Fund, 26 S.W.3d 257
(Mo.App.W.D.).
2007
2003
2001
2000
2007
104.010. The following words and phrases as used in this
chapter, unless a different meaning is plainly required by the
context, shall mean:
(1) "Accumulated contributions", the sum of all deductions
for retirement benefit purposes from a member's compensation
which shall be credited to his individual account and interest
allowed thereon;
(2) "Active armed warfare", any declared war, or the Korean
or Vietnamese conflict;
(3) "Actuarial equivalent", a benefit which, when computed
upon the basis of actuarial tables and interest, is equal in
value to a certain amount or other benefit;
(4) "Actuarial tables", the actuarial tables approved and in
use by a board at any given time;
(5) "Actuary", the actuary who is a member of the American
Academy of Actuaries or who is an enrolled actuary under the
Employee Retirement Income Security Act of 1974 and who is
employed by a board at any given time;
(6) "Annuity", annual payments, made in equal monthly
installments, to a retired member from funds provided for in, or
authorized by this chapter;
(7) "Average compensation", the average compensation of a
member for the thirty-six consecutive months of service prior to
retirement when the member's compensation was greatest; or if the
member had less than thirty-six months of service, the average
annual compensation paid to the member during the period up to
thirty-six months for which the member received creditable
service when the member's compensation was the greatest;
(8) "Beneficiary", any person entitled to or nominated by a
member or retiree who may be legally entitled to receive benefits
under this chapter;
(9) "Board of trustees", "board", or "trustees", a board of
trustees as established for the applicable system under this
chapter;
(10) "Compensation", all salary and wages payable out of any
state, federal, trust, or other funds to an employee for personal
services performed for a department; except for any nonrecurring
single sum payments or amounts paid after the member's
retirement;
(11) "Consumer price index", the consumer price index for
all urban consumers for the United States, or its successor
index, as approved by a board, as such index is defined and
officially reported by the United States Department of Labor, or
its successor agency;
(12) "Creditable prior service", the service of an employee
which was either rendered prior to the establishment of a system,
or prior to the date the employee last became a member of a
system, and which is recognized in determining the member's
eligibility and for the amount of the member's benefits under a
system;
(13) "Creditable service", the sum of membership service and
creditable prior service, to the extent such service is standing
to a member's credit as provided in this chapter;
(14) "Deferred normal annuity", the annuity payable to any
former employee who terminated employment as an employee or
otherwise withdrew from service with a vested right to a normal
annuity, payable at a future date;
(15) "Department", any department, institution, board,
commission, officer, court, or any agency of the state government
receiving state appropriations, including allocated funds from
the federal government, and having power to certify payrolls
authorizing payments of salary or wages against appropriations
made by the federal government or the state legislature from any
state fund, or against trusts or allocated funds held by the
state treasurer;
(16) "Disability benefits", benefits paid to any employee
while totally disabled as herein provided;
(17) "Early retirement age", a member's attainment of
fifty-five years of age and the completion of ten or more years
of creditable service, except for uniformed members of the water
patrol;
(18) "Employee":
(a) Any elective or appointive officer or person employed by
the state who is employed, promoted or transferred by a
department into a new or existing position and earns a salary or
wage in a position normally requiring the performance by him of
duties during not less than one thousand hours per year,
including each member of the general assembly but not including
any patient or inmate of any state, charitable, penal or
correctional institution. However, persons who are members of
the public school retirement system and who are employed by a
state agency other than an institution of higher learning shall
be deemed "employees" for purposes of participating in all
insurance programs administered by a board, established under
section 104.450. This definition shall not exclude any employee
as defined herein who is covered only under the federal Old Age
and Survivors' Insurance Act, as amended. As used in this
chapter, the term "employee" shall include:
a. Civilian employees of the Army National Guard or Air
National Guard of this state who are employed pursuant to section
709 of Title 32 of the United States Code and paid from federal
appropriated funds;
b. Persons who are currently receiving annuities or other
retirement benefits from some other retirement or benefit fund,
so long as they are not simultaneously accumulating creditable
service in another retirement or benefit system which will be
used to determine eligibility for or the amount of a future
retirement benefit;
c. Persons who have elected to become or who have been made
members of a system under section 104.342;
(b) Any person who has performed services in the employ of
the general assembly or either house thereof, or any employee of
any member of the general assembly while acting in his official
capacity as a member, and whose position does not normally
require him to perform duties during at least one thousand hours
per year, with a month of service being any monthly pay period in
which the employee was paid for full-time employment for that
monthly period;
(c) "Employee" does not include special consultants employed
pursuant to section 104.610;
(d) As used in this chapter, the hours governing the
definition of employee shall be applied only from August 13,
1988, forward;
(19) "Employer", a department of the state;
(20) "Executive director", the executive director employed
by a board established under the provisions of this chapter;
(21) "Fiscal year", the period beginning July first in any
year and ending June thirtieth the following year;
(22) "Fund", the benefit fund of a system established under
this chapter;
(23) "Interest", interest at such rate as shall be
determined and prescribed from time to time by a board;
(24) "Member", as used in sections 104.010 to 104.270 or
104.600 to 104.800 shall mean a member of the highways and
transportation and highway patrol retirement system without
regard to whether or not he has been retired. "Member", as used
in sections 104.010 and 104.320 to 104.800, shall mean a member
of the Missouri state employees' retirement system without regard
to whether or not he has been retired;
(25) "Membership service", the service after becoming a
member that is recognized in determining a member's eligibility
for and the amount of a member's benefits under a system;
(26) "Military service", all active service performed in the
United States Army, Air Force, Navy, Marine Corps, Coast Guard,
and members of the United States Public Health Service or any
women's auxiliary thereof;
(27) "Normal annuity", the annuity provided to a member upon
retirement at or after the member's normal retirement age;
(28) "Normal retirement age", an employee's attainment of
sixty-five years of age and the completion of four years of
creditable service or the attainment of age sixty and the
completion of fifteen years of creditable service or the
attainment of age fifty-five and the completion of thirty years
of creditable service, except that normal retirement age for
uniformed members of the highway patrol shall be fifty-five years
of age and the completion of four years of creditable service and
uniformed members of the water patrol shall be fifty-five years
and the completion of four years of creditable service and
members of the general assembly shall be fifty-five years of age
and the completion of five full biennial assemblies or age sixty
and the completion of three full biennial assemblies;
(29) "Payroll deduction", deductions made from an employee's
compensation;
(30) "Prior service credit", the service of an employee
rendered prior to the date the employee became a member which
service is recognized in determining the member's eligibility for
benefits from a system but not in determining the amount of the
member's benefit;
(31) "Reduced annuity", an actuarial equivalent of a normal
annuity;
(32) "Retiree", a member who is not an employee and who is
receiving an annuity from a system under this chapter;
(33) "System" or "retirement system", the highways and
transportation employees' and highway patrol retirement system,
as created by sections 104.010 to 104.270, or sections 104.600 to
104.800, or the Missouri state employees' retirement system as
created by sections 104.320 to 104.800;
(34) "Uniformed members of the highway patrol", the
superintendent, lieutenant colonel, majors, captains, director of
radio, lieutenants, sergeants, corporals, and patrolmen of the
Missouri state highway patrol who normally appear in uniform;
(35) "Uniformed members of the water patrol", employees of
the Missouri state water patrol of the department of public
safety who are classified as water patrol officers who have taken
the oath of office prescribed by the provisions of chapter 306,
RSMo, and who have those peace officer powers given by the
provisions of chapter 306, RSMo;
(36) "Vesting service", the sum of a member's prior service
credit and creditable service which is recognized in determining
the member's eligibility for benefits under the system.
2003
104.010. 1. The following words and phrases as used in sections
104.010 to 104.800, unless a different meaning is plainly required by the
context, shall mean:
(1) "Accumulated contributions", the sum of all deductions for
retirement benefit purposes from a member's compensation which shall be
credited to the member's individual account and interest allowed thereon;
(2) "Active armed warfare", any declared war, or the Korean or
Vietnamese Conflict;
(3) "Actuarial equivalent", a benefit which, when computed upon the
basis of actuarial tables and interest, is equal in value to a certain
amount or other benefit;
(4) "Actuarial tables", the actuarial tables approved and in use by a
board at any given time;
(5) "Actuary", the actuary who is a member of the American Academy of
Actuaries or who is an enrolled actuary under the Employee Retirement
Income Security Act of 1974 and who is employed by a board at any given
time;
(6) "Annuity", annual payments, made in equal monthly installments,
to a retired member from funds provided for in, or authorized by, this
chapter;
(7) "Average compensation", the average compensation of a member for
the thirty-six consecutive months of service prior to retirement when the
member's compensation was greatest; or if the member is on workers'
compensation leave of absence or a medical leave of absence due to an
employee illness, the amount of compensation the member would have received
may be used, as reported and verified by the employing department; or if
the member had less than thirty-six months of service, the average annual
compensation paid to the member during the period up to thirty-six months
for which the member received creditable service when the member's
compensation was the greatest; or if the member is on military leave, the
amount of compensation the member would have received may be used as
reported and verified by the employing department or, if such amount is not
determinable, the amount of the employee's average rate of compensation
during the twelve-month period immediately preceding such period of leave,
or if shorter, the period of employment immediately preceding such period
of leave;
(8) "Beneficiary", any person entitled to or nominated by a member or
retiree who may be legally entitled to receive benefits pursuant to this
chapter;
(9) "Biennial assembly", the completion of no less than two years of
creditable service or creditable prior service by a member of the general
assembly;
(10) "Board of trustees", "board", or "trustees", a board of trustees
as established for the applicable system pursuant to this chapter;
(11) "Chapter", sections 104.010 to 104.800;
(12) "Compensation":
(a) All salary and wages payable out of any state, federal, trust, or
other funds to an employee for personal services performed for a
department; but including only amounts for which contributions have been
made in accordance with section 104.436, or section 104.070, whichever is
applicable, and excluding any nonrecurring single sum payments or amounts
paid after the member's termination of employment unless such amounts paid
after such termination are a final installment of salary or wages at the
same rate as in effect immediately prior to termination of employment in
accordance with a state payroll system adopted on or after January 1, 2000,
or any other one-time payments made as a result of such payroll system;
(b) All salary and wages which would have been payable out of any
state, federal, trust or other funds to an employee on workers'
compensation leave of absence during the period the employee is receiving a
weekly workers' compensation benefit, as reported and verified by the
employing department;
(c) Effective December 31, 1995, compensation in excess of the
limitations set forth in Internal Revenue Code Section 401(a)(17) shall be
disregarded. The limitation on compensation for eligible employees shall
not be less than the amount which was allowed to be taken into account
under the system as in effect on July 1, 1993. For this purpose, an
"eligible employee" is an individual who was a member of the system before
the first plan year beginning after December 31, 1995;
(13) "Consumer price index", the Consumer Price Index for All Urban
Consumers for the United States, or its successor index, as approved by a
board, as such index is defined and officially reported by the United
States Department of Labor, or its successor agency;
(14) "Creditable prior service", the service of an employee which was
either rendered prior to the establishment of a system, or prior to the
date the employee last became a member of a system, and which is recognized
in determining the member's eligibility and for the amount of the member's
benefits under a system;
(15) "Creditable service", the sum of membership service and
creditable prior service, to the extent such service is standing to a
member's credit as provided in this chapter; except that in no case shall
more than one day of creditable service or creditable prior service be
credited any member for any one calendar day of eligible service credit as
provided by law;
(16) "Deferred normal annuity", the annuity payable to any former
employee who terminated employment as an employee or otherwise withdrew
from service with a vested right to a normal annuity, payable at a future
date;
(17) "Department", any department or agency of the executive,
legislative or judicial branch of the state of Missouri receiving state
appropriations, including allocated funds from the federal government but
not including any body corporate or politic unless its employees are
eligible for retirement coverage from a system pursuant to this chapter as
otherwise provided by law;
(18) "Disability benefits", benefits paid to any employee while
totally disabled as provided in this chapter;
(19) "Early retirement age", a member's attainment of fifty-five
years of age and the completion of ten or more years of creditable service,
except for uniformed members of the water patrol;
(20) "Employee":
(a) Any elective or appointive officer or person employed by the
state who is employed, promoted or transferred by a department into a new
or existing position and earns a salary or wage in a position normally
requiring the performance by the person of duties during not less than one
thousand hours per year, including each member of the general assembly but
not including any patient or inmate of any state, charitable, penal or
correctional institution. Beginning September 1, 2001, the term "year" as
used in this subdivision shall mean the twelve-month period beginning on
the first day of employment. However, persons who are members of the
public school retirement system and who are employed by a state agency
other than an institution of higher learning shall be deemed employees for
purposes of participating in all insurance programs administered by a board
established pursuant to section 104.450. This definition shall not exclude
any employee as defined in this subdivision who is covered only under the
federal Old Age and Survivors' Insurance Act, as amended. As used in this
chapter, the term "employee" shall include:
a. Persons who are currently receiving annuities or other retirement
benefits from some other retirement or benefit fund, so long as they are
not simultaneously accumulating creditable service in another retirement or
benefit system which will be used to determine eligibility for or the
amount of a future retirement benefit;
b. Persons who have elected to become or who have been made members
of a system pursuant to section 104.342;
(b) Any person who has performed services in the employ of the
general assembly or either house thereof, or any employee of any member of
the general assembly while acting in the person's official capacity as a
member, and whose position does not normally require the person to perform
duties during at least one thousand hours per year, with a month of service
being any monthly pay period in which the employee was paid for full-time
employment for that monthly period;
(c) "Employee" does not include special consultants employed pursuant
to section 104.610;
(d) As used in this chapter, the hours governing the definition of
employee shall be applied only from August 13, 1988, forward;
(e) The system shall consider a person who is employed in multiple
positions simultaneously within a single agency to be working in a single
position for purposes of determining whether the person is an employee as
defined in this subdivision;
(21) "Employer", a department of the state;
(22) "Executive director", the executive director employed by a board
established pursuant to the provisions of this chapter;
(23) "Fiscal year", the period beginning July first in any year and
ending June thirtieth the following year;
(24) "Full biennial assembly", the period of time beginning on the
first day the general assembly convenes for a first regular session until
the last day of the following year;
(25) "Fund", the benefit fund of a system established pursuant to
this chapter;
(26) "Interest", interest at such rate as shall be determined and
prescribed from time to time by a board;
(27) "Member", as used in sections 104.010 to 104.272 or 104.601 to
104.800 shall mean a member of the highways and transportation employees'
and highway patrol retirement system without regard to whether or not the
member has been retired. "Member", as used in this section and sections
104.312 to 104.800, shall mean a member of the Missouri state employees'
retirement system without regard to whether or not the member has been
retired;
(28) "Membership service", the service after becoming a member that
is recognized in determining a member's eligibility for and the amount of a
member's benefits under a system;
(29) "Military service", all active service performed in the United
States Army, Air Force, Navy, Marine Corps, Coast Guard, and members of the
United States Public Health Service or any women's auxiliary thereof; and
service in the Army national guard and Air national guard when engaged in
active duty for training, inactive duty training or full-time national
guard duty, and service by any other category of persons designated by the
President in time of war or emergency;
(30) "Normal annuity", the annuity provided to a member upon
retirement at or after the member's normal retirement age;
(31) "Normal retirement age", an employee's attainment of sixty-five
years of age and the completion of four years of creditable service or the
attainment of age sixty-five years of age and the completion of five years
of creditable service by a member who has terminated employment and is
entitled to a deferred normal annuity or the member's attainment of age
sixty and the completion of fifteen years of creditable service, except
that normal retirement age for uniformed members of the highway patrol
shall be fifty-five years of age and the completion of four years of
creditable service and uniformed employees of the water patrol shall be
fifty-five years of age and the completion of four years of creditable
service or the attainment of age fifty-five and the completion of five
years of creditable service by a member of the water patrol who has
terminated employment and is entitled to a deferred normal annuity and
members of the general assembly shall be fifty-five years of age and the
completion of three full biennial assemblies. Notwithstanding any other
provision of law to the contrary, a member of the highways and
transportation employees' and highway patrol retirement system or a member
of the Missouri state employees' retirement system shall be entitled to
retire with a normal annuity and shall be entitled to elect any of the
survivor benefit options and shall also be entitled to any other provisions
of this chapter that relate to retirement with a normal annuity if the sum
of the member's age and creditable service equals eighty years or more and
if the member is at least forty-eight years of age;
(32) "Payroll deduction", deductions made from an employee's
compensation;
(33) "Prior service credit", the service of an employee rendered
prior to the date the employee became a member which service is recognized
in determining the member's eligibility for benefits from a system but not
in determining the amount of the member's benefit;
(34) "Reduced annuity", an actuarial equivalent of a normal annuity;
(35) "Retiree", a member who is not an employee and who is receiving
an annuity from a system pursuant to this chapter;
(36) "System" or "retirement system", the highways and transportation
employees' and highway patrol retirement system, as created by sections
104.010 to 104.270, or sections 104.601 to 104.800, or the Missouri state
employees' retirement system as created by sections 104.320 to 104.800;
(37) "Uniformed members of the highway patrol", the superintendent,
lieutenant colonel, majors, captains, director of radio, lieutenants,
sergeants, corporals, and patrolmen of the Missouri state highway patrol
who normally appear in uniform;
(38) "Uniformed members of the water patrol", employees of the
Missouri state water patrol of the department of public safety who are
classified as water patrol officers who have taken the oath of office
prescribed by the provisions of chapter 306, RSMo, and who have those peace
officer powers given by the provisions of chapter 306, RSMo;
(39) "Vesting service", the sum of a member's prior service credit
and creditable service which is recognized in determining the member's
eligibility for benefits under the system.
2. Benefits paid pursuant to the provisions of this chapter shall not
exceed the limitations of Internal Revenue Code Section 415, the provisions
of which are hereby incorporated by reference.
2001
104.010. 1. The following words and phrases as used in sections
104.010 to 104.800, unless a different meaning is plainly required by the
context, shall mean:
(1) "Accumulated contributions", the sum of all deductions for
retirement benefit purposes from a member's compensation which shall be
credited to the member's individual account and interest allowed thereon;
(2) "Active armed warfare", any declared war, or the Korean or
Vietnamese Conflict;
(3) "Actuarial equivalent", a benefit which, when computed upon the
basis of actuarial tables and interest, is equal in value to a certain
amount or other benefit;
(4) "Actuarial tables", the actuarial tables approved and in use by a
board at any given time;
(5) "Actuary", the actuary who is a member of the American Academy of
Actuaries or who is an enrolled actuary under the Employee Retirement
Income Security Act of 1974 and who is employed by a board at any given
time;
(6) "Annuity", annual payments, made in equal monthly installments,
to a retired member from funds provided for in, or authorized by, this
chapter;
(7) "Average compensation", the average compensation of a member for
the thirty-six consecutive months of service prior to retirement when the
member's compensation was greatest; or if the member is on workers'
compensation leave of absence or a medical leave of absence due to an
employee illness, the amount of compensation the member would have received
may be used, as reported and verified by the employing department; or if
the member had less than thirty-six months of service, the average annual
compensation paid to the member during the period up to thirty-six months
for which the member received creditable service when the member's
compensation was the greatest; or if the member is on military leave, the
amount of compensation the member would have received may be used as
reported and verified by the employing department or, if such amount is not
determinable, the amount of the employee's average rate of compensation
during the twelve-month period immediately preceding such period of leave,
or if shorter, the period of employment immediately preceding such period
of leave;
(8) "Beneficiary", any person entitled to or nominated by a member or
retiree who may be legally entitled to receive benefits pursuant to this
chapter;
(9) "Biennial assembly", the completion of no less than two years of
creditable service or creditable prior service by a member of the general
assembly;
(10) "Board of trustees", "board", or "trustees", a board of trustees
as established for the applicable system pursuant to this chapter;
(11) "Chapter", sections 104.010 to 104.800;
(12) "Compensation":
(a) All salary and wages payable out of any state, federal, trust, or
other funds to an employee for personal services performed for a
department; but including only amounts for which contributions have been
made in accordance with section 104.436, or section 104.070, whichever is
applicable, and excluding any nonrecurring single sum payments or amounts
paid after the member's termination of employment unless such amounts paid
after such termination are a final installment of salary or wages at the
same rate as in effect immediately prior to termination of employment in
accordance with a state payroll system adopted on or after January 1, 2000,
or any other one-time payments made as a result of such payroll system;
(b) All salary and wages which would have been payable out of any
state, federal, trust or other funds to an employee on workers'
compensation leave of absence during the period the employee is receiving a
weekly workers' compensation benefit, as reported and verified by the
employing department;
(c) Effective December 31, 1995, compensation in excess of the
limitations set forth in Internal Revenue Code Section 401(a)(17) shall be
disregarded. The limitation on compensation for eligible employees shall
not be less than the amount which was allowed to be taken into account
under the system as in effect on July 1, 1993. For this purpose, an
"eligible employee" is an individual who was a member of the system before
the first plan year beginning after December 31, 1995;
(13) "Consumer price index", the Consumer Price Index for All Urban
Consumers for the United States, or its successor index, as approved by a
board, as such index is defined and officially reported by the United
States Department of Labor, or its successor agency;
(14) "Creditable prior service", the service of an employee which was
either rendered prior to the establishment of a system, or prior to the
date the employee last became a member of a system, and which is recognized
in determining the member's eligibility and for the amount of the member's
benefits under a system;
(15) "Creditable service", the sum of membership service and
creditable prior service, to the extent such service is standing to a
member's credit as provided in this chapter; except that in no case shall
more than one day of creditable service or creditable prior service be
credited any member for any one calendar day of eligible service credit as
provided by law;
(16) "Deferred normal annuity", the annuity payable to any former
employee who terminated employment as an employee or otherwise withdrew
from service with a vested right to a normal annuity, payable at a future
date;
(17) "Department", any department or agency of the executive,
legislative or judicial branch of the state of Missouri receiving state
appropriations, including allocated funds from the federal government but
not including any body corporate or politic unless its employees are
eligible for retirement coverage from a system pursuant to this chapter as
otherwise provided by law;
(18) "Disability benefits", benefits paid to any employee while
totally disabled as provided in this chapter;
(19) "Early retirement age", a member's attainment of fifty-five
years of age and the completion of ten or more years of creditable service,
except for uniformed members of the water patrol;
(20) "Employee":
(a) Any elective or appointive officer or person employed by the
state who is employed, promoted or transferred by a department into a new
or existing position and earns a salary or wage in a position normally
requiring the performance by the person of duties during not less than one
thousand hours per year, including each member of the general assembly but
not including any patient or inmate of any state, charitable, penal or
correctional institution. Beginning September 1, 2001, the term "year" as
used in this subdivision shall mean the twelve-month period beginning on
the first day of employment. However, persons who are members of the
public school retirement system and who are employed by a state agency
other than an institution of higher learning shall be deemed employees for
purposes of participating in all insurance programs administered by a board
established pursuant to section 104.450. This definition shall not exclude
any employee as defined in this subdivision who is covered only under the
federal Old Age and Survivors' Insurance Act, as amended. As used in this
chapter, the term "employee" shall include:
a. Persons who are currently receiving annuities or other retirement
benefits from some other retirement or benefit fund, so long as they are
not simultaneously accumulating creditable service in another retirement or
benefit system which will be used to determine eligibility for or the
amount of a future retirement benefit;
b. Persons who have elected to become or who have been made members
of a system pursuant to section 104.342;
(b) Any person who has performed services in the employ of the
general assembly or either house thereof, or any employee of any member of
the general assembly while acting in the person's official capacity as a
member, and whose position does not normally require the person to perform
duties during at least one thousand hours per year, with a month of service
being any monthly pay period in which the employee was paid for full-time
employment for that monthly period;
(c) "Employee" does not include special consultants employed pursuant
to section 104.610;
(d) As used in this chapter, the hours governing the definition of
employee shall be applied only from August 13, 1988, forward;
(e) The system shall consider a person who is employed in multiple
positions simultaneously within a single agency to be working in a single
position for purposes of determining whether the person is an employee as
defined in this subdivision;
(21) "Employer", a department of the state;
(22) "Executive director", the executive director employed by a board
established pursuant to the provisions of this chapter;
(23) "Fiscal year", the period beginning July first in any year and
ending June thirtieth the following year;
(24) "Full biennial assembly", the period of time beginning on the
first day the general assembly convenes for a first regular session until
the last day of the following year;
(25) "Fund", the benefit fund of a system established pursuant to
this chapter;
(26) "Interest", interest at such rate as shall be determined and
prescribed from time to time by a board;
(27) "Member", as used in sections 104.010 to 104.272 or 104.600 to
104.800 shall mean a member of the highways and transportation employees'
and highway patrol retirement system without regard to whether or not the
member has been retired. "Member", as used in this section and sections
104.312 to 104.800, shall mean a member of the Missouri state employees'
retirement system without regard to whether or not the member has been
retired;
(28) "Membership service", the service after becoming a member that
is recognized in determining a member's eligibility for and the amount of a
member's benefits under a system;
(29) "Military service", all active service performed in the United
States Army, Air Force, Navy, Marine Corps, Coast Guard, and members of the
United States Public Health Service or any women's auxiliary thereof; and
service in the Army national guard and Air national guard when engaged in
active duty for training, inactive duty training or full-time national
guard duty, and service by any other category of persons designated by the
President in time of war or emergency;
(30) "Normal annuity", the annuity provided to a member upon
retirement at or after the member's normal retirement age;
(31) "Normal retirement age", an employee's attainment of sixty-five
years of age and the completion of four years of creditable service or the
attainment of age sixty-five years of age and the completion of five years
of creditable service by a member who has terminated employment and is
entitled to a deferred normal annuity or the member's attainment of age
sixty and the completion of fifteen years of creditable service, except
that normal retirement age for uniformed members of the highway patrol
shall be fifty-five years of age and the completion of four years of
creditable service and uniformed employees of the water patrol shall be
fifty-five years of age and the completion of four years of creditable
service or the attainment of age fifty-five and the completion of five
years of creditable service by a member of the water patrol who has
terminated employment and is entitled to a deferred normal annuity and
members of the general assembly shall be fifty-five years of age and the
completion of three full biennial assemblies. Notwithstanding any other
provision of law to the contrary, a member of the highways and
transportation employees' and highway patrol retirement system or a member
of the Missouri state employees' retirement system shall be entitled to
retire with a normal annuity and shall be entitled to elect any of the
survivor benefit options and shall also be entitled to any other provisions
of this chapter that relate to retirement with a normal annuity if the sum
of the member's age and creditable service equals eighty years or more and
if the member is at least fifty years of age;
(32) "Payroll deduction", deductions made from an employee's
compensation;
(33) "Prior service credit", the service of an employee rendered
prior to the date the employee became a member which service is recognized
in determining the member's eligibility for benefits from a system but not
in determining the amount of the member's benefit;
(34) "Reduced annuity", an actuarial equivalent of a normal annuity;
(35) "Retiree", a member who is not an employee and who is receiving
an annuity from a system pursuant to this chapter;
(36) "System" or "retirement system", the highways and transportation
employees' and highway patrol retirement system, as created by sections
104.010 to 104.270, or sections 104.600 to 104.800, or the Missouri state
employees' retirement system as created by sections 104.320 to 104.800;
(37) "Uniformed members of the highway patrol", the superintendent,
lieutenant colonel, majors, captains, director of radio, lieutenants,
sergeants, corporals, and patrolmen of the Missouri state highway patrol
who normally appear in uniform;
(38) "Uniformed members of the water patrol", employees of the
Missouri state water patrol of the department of public safety who are
classified as water patrol officers who have taken the oath of office
prescribed by the provisions of chapter 306, RSMo, and who have those peace
officer powers given by the provisions of chapter 306, RSMo;
(39) "Vesting service", the sum of a member's prior service credit
and creditable service which is recognized in determining the member's
eligibility for benefits under the system.
2. Benefits paid pursuant to the provisions of this chapter shall not
exceed the limitations of Internal Revenue Code Section 415, the provisions
of which are hereby incorporated by reference.
2000
104.010. 1. The following words and phrases as used in sections
104.010 to 104.800, unless a different meaning is plainly required by the
context, shall mean:
(1) "Accumulated contributions", the sum of all deductions for
retirement benefit purposes from a member's compensation which shall be
credited to the member's individual account and interest allowed thereon;
(2) "Active armed warfare", any declared war, or the Korean or
Vietnamese Conflict;
(3) "Actuarial equivalent", a benefit which, when computed upon the
basis of actuarial tables and interest, is equal in value to a certain
amount or other benefit;
(4) "Actuarial tables", the actuarial tables approved and in use by a
board at any given time;
(5) "Actuary", the actuary who is a member of the American Academy of
Actuaries or who is an enrolled actuary under the Employee Retirement
Income Security Act of 1974 and who is employed by a board at any given
time;
(6) "Annuity", annual payments, made in equal monthly installments,
to a retired member from funds provided for in, or authorized by, this
chapter;
(7) "Average compensation", the average compensation of a member for
the thirty-six consecutive months of service prior to retirement when the
member's compensation was greatest; or if the member is on workers'
compensation leave of absence or a medical leave of absence due to an
employee illness, the amount of compensation the member would have received
may be used, as reported and verified by the employing department; or if
the member had less than thirty-six months of service, the average annual
compensation paid to the member during the period up to thirty-six months
for which the member received creditable service when the member's
compensation was the greatest; or if the member is on military leave, the
amount of compensation the member would have received may be used as
reported and verified by the employing department or, if such amount is not
determinable, the amount of the employee's average rate of compensation
during the twelve-month period immediately preceding such period of leave,
or if shorter, the period of employment immediately preceding such period
of leave;
(8) "Beneficiary", any person entitled to or nominated by a member or
retiree who may be legally entitled to receive benefits pursuant to this
chapter;
(9) "Biennial assembly", the completion of no less than two years of
creditable service or creditable prior service by a member of the general
assembly;
(10) "Board of trustees", "board", or "trustees", a board of trustees
as established for the applicable system pursuant to this chapter;
(11) "Chapter", sections 104.010 to 104.800;
(12) "Compensation":
(a) All salary and wages payable out of any state, federal, trust, or
other funds to an employee for personal services performed for a
department; but including only amounts for which contributions have been
made in accordance with section 104.436, or section 104.070, whichever is
applicable, and excluding any nonrecurring single sum payments or amounts
paid after the member's termination of employment unless such amounts paid
after such termination are a final installment of salary or wages at the
same rate as in effect immediately prior to termination of employment in
accordance with a state payroll system adopted on or after January 1, 2000,
or any other one-time payments made as a result of such payroll system;
(b) All salary and wages which would have been payable out of any
state, federal, trust or other funds to an employee on workers'
compensation leave of absence during the period the employee is receiving a
weekly workers' compensation benefit, as reported and verified by the
employing department;
(c) Effective December 31, 1995, compensation in excess of the
limitations set forth in Internal Revenue Code Section 401(a)(17) shall be
disregarded. The limitation on compensation for eligible employees shall
not be less than the amount which was allowed to be taken into account
under the system as in effect on July 1, 1993. For this purpose, an
"eligible employee" is an individual who was a member of the system before
the first plan year beginning after December 31, 1995;
(13) "Consumer price index", the Consumer Price Index for All Urban
Consumers for the United States, or its successor index, as approved by a
board, as such index is defined and officially reported by the United
States Department of Labor, or its successor agency;
(14) "Creditable prior service", the service of an employee which was
either rendered prior to the establishment of a system, or prior to the
date the employee last became a member of a system, and which is recognized
in determining the member's eligibility and for the amount of the member's
benefits under a system;
(15) "Creditable service", the sum of membership service and
creditable prior service, to the extent such service is standing to a
member's credit as provided in this chapter; except that in no case shall
more than one day of creditable service or creditable prior service be
credited any member for any one calendar day of eligible service credit as
provided by law;
(16) "Deferred normal annuity", the annuity payable to any former
employee who terminated employment as an employee or otherwise withdrew
from service with a vested right to a normal annuity, payable at a future
date;
(17) "Department", any department, institution, board, commission,
officer, court, or any agency of the state government receiving state
appropriations, including allocated funds from the federal government, and
having power to certify payrolls authorizing payments of salary or wages
against appropriations made by the federal government or the state
legislature from any state fund, or against trusts or allocated funds held
by the state treasurer;
(18) "Disability benefits", benefits paid to any employee while
totally disabled as provided in this chapter;
(19) "Early retirement age", a member's attainment of fifty-five
years of age and the completion of ten or more years of creditable service,
except for uniformed members of the water patrol;
(20) "Employee":
(a) Any elective or appointive officer or person employed by the
state who is employed, promoted or transferred by a department into a new
or existing position and earns a salary or wage in a position normally
requiring the performance by the person of duties during not less than one
thousand hours per year, including each member of the general assembly but
not including any patient or inmate of any state, charitable, penal or
correctional institution. However, persons who are members of the public
school retirement system and who are employed by a state agency other than
an institution of higher learning shall be deemed employees for purposes of
participating in all insurance programs administered by a board established
pursuant to section 104.450. This definition shall not exclude any
employee as defined in this subdivision who is covered only under the
federal Old Age and Survivors' Insurance Act, as amended. As used in this
chapter, the term "employee" shall include:
a. Persons who are currently receiving annuities or other retirement
benefits from some other retirement or benefit fund, so long as they are
not simultaneously accumulating creditable service in another retirement or
benefit system which will be used to determine eligibility for or the
amount of a future retirement benefit;
b. Persons who have elected to become or who have been made members
of a system pursuant to section 104.342;
(b) Any person who has performed services in the employ of the
general assembly or either house thereof, or any employee of any member of
the general assembly while acting in the person's official capacity as a
member, and whose position does not normally require the person to perform
duties during at least one thousand hours per year, with a month of service
being any monthly pay period in which the employee was paid for full-time
employment for that monthly period;
(c) "Employee" does not include special consultants employed pursuant
to section 104.610;
(d) As used in this chapter, the hours governing the definition of
employee shall be applied only from August 13, 1988, forward;
(21) "Employer", a department of the state;
(22) "Executive director", the executive director employed by a board
established pursuant to the provisions of this chapter;
(23) "Fiscal year", the period beginning July first in any year and
ending June thirtieth the following year;
(24) "Full biennial assembly", the period of time beginning on the
first day the general assembly convenes for a first regular session until
the last day of the following year;
(25) "Fund", the benefit fund of a system established pursuant to
this chapter;
(26) "Interest", interest at such rate as shall be determined and
prescribed from time to time by a board;
(27) "Member", as used in sections 104.010 to 104.272 or 104.600 to
104.800 shall mean a member of the highways and transportation employees'
and highway patrol retirement system without regard to whether or not the
member has been retired. "Member", as used in sections 104.010 and 104.312
to 104.800, shall mean a member of the Missouri state employees' retirement
system without regard to whether or not the member has been retired;
(28) "Membership service", the service after becoming a member that
is recognized in determining a member's eligibility for and the amount of a
member's benefits under a system;
(29) "Military service", all active service performed in the United
States Army, Air Force, Navy, Marine Corps, Coast Guard, and members of the
United States Public Health Service or any women's auxiliary thereof; and
service in the Army national guard and Air national guard when engaged in
active duty for training, inactive duty training or full-time national
guard duty, and service by any other category of persons designated by the
President in time of war or emergency;
(30) "Normal annuity", the annuity provided to a member upon
retirement at or after the member's normal retirement age;
(31) "Normal retirement age", an employee's attainment of sixty-five
years of age and the completion of four years of creditable service or the
attainment of age sixty-five years of age and the completion of five years
of creditable service by a member who has terminated employment and is
entitled to a deferred normal annuity or the member's attainment of age
sixty and the completion of fifteen years of creditable service, except
that normal retirement age for uniformed members of the highway patrol
shall be fifty-five years of age and the completion of four years of
creditable service and uniformed employees of the water patrol shall be
fifty-five years of age and the completion of four years of creditable
service or the attainment of age fifty-five and the completion of five
years of creditable service by a member of the water patrol who has
terminated employment and is entitled to a deferred normal annuity and
members of the general assembly shall be fifty-five years of age and the
completion of three full biennial assemblies. Notwithstanding any other
provision of law to the contrary, a member of the highways and
transportation employees' and highway patrol retirement system or a member
of the Missouri state employees' retirement system shall be entitled to
retire with a normal annuity and shall be entitled to elect any of the
survivor benefit options and shall also be entitled to any other provisions
of this chapter that relate to retirement with a normal annuity if the sum
of the member's age and creditable service equals eighty years or more and
if the member is at least fifty years of age;
(32) "Payroll deduction", deductions made from an employee's
compensation;
(33) "Prior service credit", the service of an employee rendered
prior to the date the employee became a member which service is recognized
in determining the member's eligibility for benefits from a system but not
in determining the amount of the member's benefit;
(34) "Reduced annuity", an actuarial equivalent of a normal annuity;
(35) "Retiree", a member who is not an employee and who is receiving
an annuity from a system pursuant to this chapter;
(36) "System" or "retirement system", the highways and transportation
employees' and highway patrol retirement system, as created by sections
104.010 to 104.270, or sections 104.600 to 104.800, or the Missouri state
employees' retirement system as created by sections 104.320 to 104.800;
(37) "Uniformed members of the highway patrol", the superintendent,
lieutenant colonel, majors, captains, director of radio, lieutenants,
sergeants, corporals, and patrolmen of the Missouri state highway patrol
who normally appear in uniform;
(38) "Uniformed members of the water patrol", employees of the
Missouri state water patrol of the department of public safety who are
classified as water patrol officers who have taken the oath of office
prescribed by the provisions of chapter 306, RSMo, and who have those peace
officer powers given by the provisions of chapter 306, RSMo;
(39) "Vesting service", the sum of a member's prior service credit
and creditable service which is recognized in determining the member's
eligibility for benefits under the system.
2. Benefits paid pursuant to the provisions of this chapter shall not
exceed the limitations of Internal Revenue Code Section 415, the provisions
of which are hereby incorporated by reference.
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