Missouri Revised Statutes
Chapter 104
Retirement of State Officers and Employees
←104.035
Section 104.040.1
104.050→
August 28, 2015
Members to receive credit for prior service--military service to be considered--purchase of credit for service in the Armed Forces, cost, interest rate, computation--certain creditable prior service, purchase of, effect--nonfederal public employment, purchase of credit for service.
104.040. 1. Any member shall be entitled to creditable prior service
within the meaning of sections 104.010 to 104.272 for all service in the
United States Army, Navy, or other armed services of the United States, or
any women's auxiliary thereof in time of active armed warfare, if such
member was a state employee immediately prior to his or her entry into the
armed services and became an employee of the state within ninety days after
termination of such service by an honorable discharge or release to
inactive status; the requirement of section 104.010 of duties during not
less than one thousand forty hours for status as an employee shall not
apply to persons who apply for creditable prior service pursuant to the
provisions of this section.
2. Any member of the system who served as an employee prior to the
original effective date of sections 104.010 to 104.272, but was not an
employee on that date, shall be entitled to creditable prior service that
such member would have been entitled to had such member become a member of
the retirement system on the date of its inception if such member has, or
hereafter attains, one year of continuous membership service.
3. Any employee who completes one continuous year of creditable
service in the system shall receive credit for service with a state
department, if such service has not otherwise been credited.
4. Any member 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 his or her discharge under honorable conditions may
elect, prior to retirement, to purchase all of his or her creditable prior
service equivalent to such service in the Armed Forces, but not to exceed
four years, if the member 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 his or her service in the armed services, but
not to exceed four years, any other provision of law to the contrary
notwithstanding. The purchase shall be effected by the member's paying to
the retirement system an amount equal to what would have been contributed
by the state in his or her behalf had the member been a member for the
period for which the member is electing to purchase credit and had his or
her compensation during such period of membership been the same as the
annual salary rate at which the member was initially employed as a member,
with the calculations based on the contribution rate in effect on the date
of his or her employment with simple interest calculated from date of
employment from which the member could first receive creditable service to
the date of election pursuant to 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 pursuant to 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 uniformed member of the highway patrol who served as a
certified police officer prior to becoming a member may elect, prior to
retirement, to purchase all of his or her creditable prior service
equivalent to such service in the police force, but not to exceed four
years, if he or she is not receiving and is not eligible to receive 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. The purchase shall be effected by the
member's paying to the retirement system an amount equal to what would have
been contributed by the state in his or her behalf had he or she been a
member of the system for the period for which the member is electing to
purchase credit and had his compensation during such period been the same
as the annual salary rate at which the member was initially employed as a
member, with the calculations based on the contribution rate in effect on
the date of his or her employment with simple interest calculated from the
date of employment from which the member could first receive creditable
service to the date of election pursuant to the provisions of this section.
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 pursuant to the
provisions of this section 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 section.
6. Any member of the system under section 104.030 or 104.170 who is
an active employee and who served as a nonfederal full-time public employee
in this state prior to becoming a member may elect, prior to retirement, to
purchase all of his or her creditable prior service equivalent to such
service, but not to exceed four years, if he or she is not receiving and is
not eligible to receive credits or benefits from any other public plan for
the service to be purchased. The purchase shall be effected by the
member's paying to the retirement system an amount equal to what would have
been contributed by the state in his or her behalf had he or she been a
member of the system for the period for which the member is electing to
purchase credit and had his compensation during such period been the same
as the annual salary rate at which the member was initially employed as a
member, with the calculations based on the contribution rate in effect on
the date of his or her employment with simple interest calculated from the
date of employment from which the member could first receive creditable
service to the date of election pursuant to the provisions of this section.
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 pursuant to the
provisions of this section 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 section. All purchase payments under this
subsection must be completed prior to retirement or prior to termination of
employment. If a member who purchased creditable service under this
subsection dies prior to retirement, the surviving spouse may, upon written
request, receive a refund of the amount contributed for such purchase of
such creditable service. The surviving spouse shall not be eligible for a
refund under this subsection if he or she is entitled to survivorship
benefits payable under section 104.140. A member who is entitled to a
deferred annuity under section 104.035 shall be ineligible to purchase
service under this subsection.
(L. 1955 p. 718 § 5, A.L. 1982 H.B. 1720, et al., A.L. 1983 H.B. 713
Revision, A.L. 1984 H.B. 1370, A.L. 1987 H.B. 713, A.L. 1988 H.B.
1643 & 1399, A.L. 1989 H.B. 674, A.L. 1992 S.B. 499, et al., A.L.
1994 H.B. 1149, A.L. 1999 S.B. 308 & 314, A.L. 2003 S.B. 248, et
al., A.L. 2007 S.B. 127 merged with S.B. 406, A.L. 2013 H.B. 233)
2007
2003
1999
2007
104.040. 1. Any member shall be entitled to creditable prior service
within the meaning of sections 104.010 to 104.272 for all service in the
United States Army, Navy, or other armed services of the United States, or any
women's auxiliary thereof in time of active armed warfare, if such member was
a state employee immediately prior to his or her entry into the armed services
and became an employee of the state within ninety days after termination of
such service by an honorable discharge or release to inactive status; the
requirement of section 104.010 of duties during not less than one thousand
hours for status as an "employee" shall not apply to persons who apply for
creditable prior service pursuant to the provisions of this section.
2. Any member of the system who served as an employee prior to the
original effective date of sections 104.010 to 104.272, but was not an
employee on that date, shall be entitled to creditable prior service that such
member would have been entitled to had such member become a member of the
retirement system on the date of its inception if such member has, or
hereafter attains, one year of continuous membership service.
3. Any employee who completes one continuous year of creditable service
in the system shall receive credit for service with a state department, if
such service has not otherwise been credited.
4. Any member 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 his or her discharge under honorable conditions may
elect, prior to retirement, to purchase all of his or her creditable prior
service equivalent to such service in the Armed Forces, but not to exceed four
years, if the member 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 his or her service in the armed services, but not to
exceed four years, any other provision of law to the contrary notwithstanding.
The purchase shall be effected by the member's paying to the retirement
system an amount equal to what would have been contributed by the state in his
or her behalf had the member been a member for the period for which the member
is electing to purchase credit and had his or her compensation during such
period of membership been the same as the annual salary rate at which the
member was initially employed as a member, with the calculations based on the
contribution rate in effect on the date of his or her employment with simple
interest calculated from date of employment from which the member could first
receive creditable service to the date of election pursuant to 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 pursuant to
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 uniformed member of the highway patrol who served as a certified
police officer prior to becoming a member may elect, prior to retirement, to
purchase all of his or her creditable prior service equivalent to such service
in the police force, but not to exceed four years, if he or she is not
receiving and is not eligible to receive 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.
The purchase shall be effected by the member's paying to the retirement system
an amount equal to what would have been contributed by the state in his or her
behalf had he or she been a member of the system for the period for which the
member is electing to purchase credit and had his compensation during such
period been the same as the annual salary rate at which the member was
initially employed as a member, with the calculations based on the
contribution rate in effect on the date of his or her employment with simple
interest calculated from the date of employment from which the member could
first receive creditable service to the date of election pursuant to the
provisions of this section. 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 pursuant to the provisions of this section 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 section.
6. Any member of the system under section 104.030 or 104.170 who is an
active employee and who served as a nonfederal full-time public employee in
this state prior to becoming a member may elect, prior to retirement, to
purchase all of his or her creditable prior service equivalent to such
service, but not to exceed four years, if he or she is not receiving and is
not eligible to receive credits or benefits from any other public plan for the
service to be purchased. The purchase shall be effected by the member's
paying to the retirement system an amount equal to what would have been
contributed by the state in his or her behalf had he or she been a member of
the system for the period for which the member is electing to purchase credit
and had his compensation during such period been the same as the annual salary
rate at which the member was initially employed as a member, with the
calculations based on the contribution rate in effect on the date of his or
her employment with simple interest calculated from the date of employment
from which the member could first receive creditable service to the date of
election pursuant to the provisions of this section. 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 pursuant to the provisions of this section 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 section. All purchase
payments under this subsection must be completed prior to retirement or prior
to termination of employment. If a member who purchased creditable service
under this subsection dies prior to retirement, the surviving spouse may, upon
written request, receive a refund of the amount contributed for such purchase
of such creditable service. The surviving spouse shall not be eligible for a
refund under this subsection if he or she is entitled to survivorship benefits
payable under section 104.140. A member who is entitled to a deferred annuity
under section 104.035 shall be ineligible to purchase service under this
subsection.
2003
104.040. 1. Any member shall be entitled to creditable prior service
within the meaning of sections 104.010 to 104.270 for all service in the
United States Army, Navy, or other armed services of the United States, or
any women's auxiliary thereof in time of active armed warfare, if such
member was a state employee immediately prior to his or her entry into the
armed services and became an employee of the state within ninety days after
termination of such service by an honorable discharge or release to
inactive status; the requirement of section 104.010 of duties during not
less than one thousand hours for status as an "employee" shall not apply to
persons who apply for creditable prior service pursuant to the provisions
of this section.
2. Any member of the system who served as an employee prior to the
original effective date of sections 104.010 to 104.270, but was not an
employee on that date, shall be entitled to creditable prior service that
such member would have been entitled to had such member become a member of
the retirement system on the date of its inception if such member has, or
hereafter attains, one year of continuous membership service.
3. Any employee who completes one continuous year of creditable
service in the system shall receive credit for service with a state
department, if such service has not otherwise been credited.
4. Any member 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 his or her discharge under honorable conditions may
elect, prior to retirement, to purchase all of his or her creditable prior
service equivalent to such service in the armed forces, but not to exceed
four years, if the member 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 his or her service in the armed services, but
not to exceed four years, any other provision of law to the contrary
notwithstanding. The purchase shall be effected by the member's paying to
the retirement system an amount equal to what would have been contributed
by the state in his or her behalf had the member been a member for the
period for which the member is electing to purchase credit and had his or
her compensation during such period of membership been the same as the
annual salary rate at which the member was initially employed as a member,
with the calculations based on the contribution rate in effect on the date
of his or her employment with simple interest calculated from date of
employment from which the member could first receive creditable service to
the date of election pursuant to 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 pursuant to 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 uniformed member of the highway patrol who served as a
certified police officer prior to becoming a member may elect, prior to
retirement, to purchase all of his or her creditable prior service
equivalent to such service in the police force, but not to exceed four
years, if he or she is not receiving and is not eligible to receive 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. The purchase shall be effected by the
member's paying to the retirement system an amount equal to what would have
been contributed by the state in his or her behalf had he or she been a
member of the system for the period for which the member is electing to
purchase credit and had his compensation during such period been the same
as the annual salary rate at which the member was initially employed as a
member, with the calculations based on the contribution rate in effect on
the date of his or her employment with simple interest calculated from the
date of employment from which the member could first receive creditable
service to the date of election pursuant to the provisions of this section.
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 pursuant to the
provisions of this section 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 section.
6. Any uniformed member of the highway patrol who served as a
nonfederal full-time public employee in this state prior to becoming a
member may elect, prior to retirement, to purchase all of his or her
creditable prior service equivalent to such service, but not to exceed four
years, if he or she is not receiving and is not eligible to receive credits
or benefits from any other public plan for the service to be purchased, and
an affidavit so stating shall be filed by the member with the retirement
system. The purchase shall be effected by the member's paying to the
retirement system an amount equal to what would have been contributed by
the state in his or her behalf had he or she been a member of the system
for the period for which the member is electing to purchase credit and had
his compensation during such period been the same as the annual salary rate
at which the member was initially employed as a member, with the
calculations based on the contribution rate in effect on the date of his or
her employment with simple interest calculated from the date of employment
from which the member could first receive creditable service to the date of
election pursuant to the provisions of this section. 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 pursuant to the provisions of this
section 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 section.
1999
104.040. 1. Any member shall be entitled to creditable prior service
within the meaning of sections 104.010 to 104.270 for all service in the
United States Army, Navy, or other armed services of the United States, or
any women's auxiliary thereof in time of active armed warfare, if such
member was a state employee immediately prior to his or her entry into the
armed services and became an employee of the state within ninety days after
termination of such service by an honorable discharge or release to
inactive status; the requirement of section 104.010 of duties during not
less than one thousand hours for status as an "employee" shall not apply to
persons who apply for creditable prior service pursuant to the provisions
of this section.
2. Any member of the system who served as an employee prior to the
original effective date of sections 104.010 to 104.270, but was not an
employee on that date, shall be entitled to creditable prior service that
such member would have been entitled to had such member become a member of
the retirement system on the date of its inception if such member has, or
hereafter attains, one year of continuous membership service.
3. Any employee who completes one continuous year of creditable
service in the system shall receive credit for service with a state
department, if such service has not otherwise been credited.
4. Any member 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 his or her discharge under honorable conditions may
elect, prior to retirement, to purchase all of his or her creditable prior
service equivalent to such service in the armed forces, but not to exceed
four years, if the member 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 his or her service in the armed services, but
not to exceed four years, any other provision of law to the contrary
notwithstanding. The purchase shall be effected by the member's paying to
the retirement system an amount equal to what would have been contributed
by the state in his or her behalf had the member been a member for the
period for which the member is electing to purchase credit and had his or
her compensation during such period of membership been the same as the
annual salary rate at which the member was initially employed as a member,
with the calculations based on the contribution rate in effect on the date
of his or her employment with simple interest calculated from date of
employment from which the member could first receive creditable service to
the date of election pursuant to 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 pursuant to 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 uniformed member of the highway patrol who served as a
certified police officer prior to becoming a member may elect, prior to
retirement, to purchase all of his or her creditable prior service
equivalent to such service in the police force, but not to exceed four
years, if he or she is not receiving and is not eligible to receive 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. The purchase shall be effected by the
member's paying to the retirement system an amount equal to what would have
been contributed by the state in his or her behalf had he or she been a
member of the system for the period for which the member is electing to
purchase credit and had his compensation during such period been the same
as the annual salary rate at which the member was initially employed as a
member, with the calculations based on the contribution rate in effect on
the date of his or her employment with simple interest calculated from the
date of employment from which the member could first receive creditable
service to the date of election pursuant to the provisions of this section.
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 pursuant to the
provisions of this section 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 section.
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