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Section: 086.1310 Definitions. Rsmo 86.1310


Published: 2015

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Missouri Revised Statutes













Chapter 86

Police Relief and Pension Systems

←86.1280

Section 86.1310.1

86.1320→

August 28, 2015

Definitions.

86.1310. The following words and phrases as used in sections 86.1310

to 86.1640 shall have the following meanings unless a different meaning is

plainly required by the context:



(1) "Accumulated contributions", the sum of all amounts deducted from

the compensation of a member and paid to the retirement board, together

with all amounts paid to the retirement board by a member or by a member's

beneficiary for the purchase of prior service credits or any other purpose

permitted under sections 86.1310 to 86.1640, in all cases with interest, if

any, thereon at a rate determined from time to time for such purpose by the

retirement board;



(2) "Actuarial cost", the present value of a future payment or series

of payments as calculated by applying the actuarial assumptions established

according to subsection 8 of section 86.1630;



(3) "Beneficiary", any person entitled, either currently or

conditionally, to receive pension or other benefits provided in sections

86.1310 to 86.1640;



(4) "Board of police commissioners", the board composed of police

commissioners authorized by law to employ and manage an organized police

force in the cities;



(5) "City" or "cities", any city which now has or may hereafter have

a population of more than three hundred thousand and less than seven

hundred thousand inhabitants, or any city that has made an election under

section 86.1320 to continue a civilian employees' retirement system

theretofore maintained under sections 86.1310 to 86.1640;



(6) "Compensation", the basic wage or salary paid a member for any

period, excluding bonuses, overtime pay, expense allowances, and other

extraordinary compensation; except that, notwithstanding such provision,

compensation for any year for any member shall not exceed the amount

permitted to be taken into account under Section 401(a)(17) of the Internal

Revenue Code as applicable to such year;



(7) "Consultant", unless otherwise specifically defined, means a

person retained by the retirement system as a special consultant on the

problems of retirement, aging and related matters who, upon request of the

retirement board, shall give opinions and be available to give opinions in

writing or orally in response to such requests, as may be needed by the

board;



(8) "Creditable service", service qualifying as a determinant of a

member's pension or other benefit under sections 86.1310 to 86.1640 by

meeting the requirements specified in such sections, or section 105.691;



(9) "Employee", any regularly appointed civilian employee of the

police department of the city as specified in sections 86.1310 to 86.1640

who is:



(a) Appointed prior to August 28, 2011, and is not eligible to

receive a pension from the police retirement system of said city;



(b) Appointed on or after August 28, 2011, and is not eligible to

receive a pension from the police retirement system of such city or from

any other retirement or pension system of such city;



(10) "Final compensation":



(a) For a Tier I member as described in subdivision (13) of this

section, the average annual compensation of a member during the member's

service if less than two years, or the twenty-four months of service for

which the member received the highest salary whether consecutive or

otherwise;



(b) For a Tier II member as described in subdivision (13) of this

section, the average annual compensation of a member during the member's

service if less than three years, or the thirty-six months of service for

which the member received the highest salary whether consecutive or

otherwise;



(c) For any period of time when a member is paid on a frequency other

than monthly, the member's salary for such period shall be deemed to be the

monthly equivalent of the member's annual rate of compensation for such

period;



(11) "Internal Revenue Code", the United States Internal Revenue Code

of 1986, as amended;



(12) "Medical board", not less than one nor more than three

physicians appointed by the retirement board to arrange for and conduct

medical examinations as directed by the retirement board;



(13) "Member", a member of the civilian employees' retirement system

as described in section 86.1480:



(a) "Tier I member", any person who became a member prior to August

28, 2013, and who remains a member on August 28, 2013, shall remain a Tier

I member until such member's membership is terminated as described in

section 86.1520;



(b) "Tier I surviving spouse", the surviving spouse of a Tier I

member;



(c) "Tier II member", any person who became a member on or after

August 28, 2013;



(d) "Tier II surviving spouse", the surviving spouse of a Tier II

member;



(e) Any person whose membership is terminated as described in section

86.1520 and who reenters membership on or after August 28, 2013, shall

become a member under paragraph (c) of this subdivision;



(14) "Pension", annual payments for life, payable monthly, at the

times described in section 86.1420;



(15) "Pension fund", the fund resulting from contributions made

thereto by the cities affected by sections 86.1310 to 86.1640 and by the

members of the civilian employees' retirement system;



(16) "Retirement", termination of a member's status as an employee of

the police department of the city at a time when the member or the member's

beneficiary is immediately entitled to one or more benefits under sections

86.1310 to 86.1640;



(17) "Retirement board" or "board", the board provided in section

86.1330 to administer the retirement system;



(18) "Retirement system", the civilian employees' retirement system

of the police department of the cities as defined in section 86.1320;



(19) "Surviving spouse", when determining whether a person is

entitled to benefits under sections 86.1310 to 86.1640 by reason of

surviving a member, shall include only:



(a) The person who was married to the member at the time of the

member's death in service prior to August 28, 2001, and who had not

remarried prior to August 28, 2001;



(b) The person who was married to the member at the time of the

member's death in service on or after August 28, 2001;



(c) In the case of any member who both retired and died prior to

August 28, 2001, the person who was married to the member at the time of

the member's death and who had not remarried prior to August 28, 2001;



(d) In the case of any member who retired prior to August 28, 2001,

and died on or after that date, the person who was married to the member at

the time of the member's death; or



(e) In the case of any member who retired on or after August 28,

2001, the person who was married to the member at both the time of the

member's retirement and the time of the member's death.



(L. 2005 H.B. 323, A.L. 2011 H.B. 183 merged with H.B. 282, A.L. 2013

H.B. 116 merged with H.B. 418)





2011

2005



2011



86.1310. The following words and phrases as used in sections 86.1310

to 86.1640 shall have the following meanings unless a different meaning is

plainly required by the context:



(1) "Accumulated contributions", the sum of all amounts deducted from

the compensation of a member and paid to the retirement board, together

with all amounts paid to the retirement board by a member or by a member's

beneficiary for the purchase of prior service credits or any other purpose

permitted under sections 86.1310 to 86.1640, in all cases with interest, if

any, thereon at a rate determined from time to time for such purpose by the

retirement board;



(2) "Actuarial cost", the present value of a future payment or series

of payments as calculated by applying the actuarial assumptions established

according to subsection 8 of section 86.1630;



(3) "Beneficiary", any person entitled, either currently or

conditionally, to receive pension or other benefits provided in sections

86.1310 to 86.1640;



(4) "Board of police commissioners", the board composed of police

commissioners authorized by law to employ and manage an organized police

force in the cities;



(5) "City" or "cities", any city which now has or may hereafter have

a population of more than three hundred thousand and less than seven

hundred thousand inhabitants, or any city that has made an election under

section 86.1320 to continue a civilian employees' retirement system

theretofore maintained under sections 86.1310 to 86.1640;



(6) "Compensation", the basic wage or salary paid a member for any

period, excluding bonuses, overtime pay, expense allowances, and other

extraordinary compensation; except that, notwithstanding such provision,

compensation for any year for any member shall not exceed the amount

permitted to be taken into account under Section 401(a)(17) of the Internal

Revenue Code as applicable to such year;



(7) "Consultant", unless otherwise specifically defined, means a

person retained by the retirement system as a special consultant on the

problems of retirement, aging and related matters who, upon request of the

retirement board, shall give opinions and be available to give opinions in

writing or orally in response to such requests, as may be needed by the

board;



(8) "Creditable service", service qualifying as a determinant of a

member's pension or other benefit under sections 86.1310 to 86.1640 by

meeting the requirements specified in such sections, or section 105.691;



(9) "Employee", any regularly appointed civilian employee of the

police department of the city as specified in sections 86.1310 to 86.1640

who is:



(a) Appointed prior to August 28, 2011, and is not eligible to

receive a pension from the police retirement system of said city;



(b) Appointed on or after August 28, 2011, and is not eligible to

receive a pension from the police retirement system of such city or from

any other retirement or pension system of such city;



(10) "Final compensation", the average annual compensation of a

member during the member's service if less than two years, or the

twenty-four months of service for which the member received the highest

salary whether consecutive or otherwise. For any period of time when a

member is paid on a frequency other than monthly, the member's salary for

such period shall be deemed to be the monthly equivalent of the member's

annual rate of compensation for such period;



(11) "Internal Revenue Code", the United States Internal Revenue Code

of 1986, as amended;



(12) "Medical board", not less than one nor more than three

physicians appointed by the retirement board to arrange for and conduct

medical examinations as directed by the retirement board;



(13) "Member", a member of the civilian employees' retirement system

as described in section 86.1480;



(14) "Pension", annual payments for life, payable monthly, at the

times described in section 86.1420;



(15) "Pension fund", the fund resulting from contributions made

thereto by the cities affected by sections 86.1310 to 86.1640 and by the

members of the civilian employees' retirement system;



(16) "Retirement", termination of a member's status as an employee of

the police department of the city at a time when the member or the member's

beneficiary is immediately entitled to one or more benefits under sections

86.1310 to 86.1640;



(17) "Retirement board" or "board", the board provided in section

86.1330 to administer the retirement system;



(18) "Retirement system", the civilian employees' retirement system

of the police department of the cities as defined in section 86.1320;



(19) "Surviving spouse", when determining whether a person is

entitled to benefits under sections 86.1310 to 86.1640 by reason of

surviving a member, shall include only:



(a) The person who was married to the member at the time of the

member's death in service prior to August 28, 2001, and who had not

remarried prior to August 28, 2001;



(b) The person who was married to the member at the time of the

member's death in service on or after August 28, 2001;



(c) In the case of any member who both retired and died prior to

August 28, 2001, the person who was married to the member at the time of

the member's death and who had not remarried prior to August 28, 2001;



(d) In the case of any member who retired prior to August 28, 2001,

and died on or after that date, the person who was married to the member at

the time of the member's death; or



(e) In the case of any member who retired on or after August 28,

2001, the person who was married to the member at both the time of the

member's retirement and the time of the member's death.



2005



86.1310. The following words and phrases as used in sections 86.1310 to

86.1640 shall have the following meanings unless a different meaning is

plainly required by the context:



(1) "Accumulated contributions", the sum of all amounts deducted from

the compensation of a member and paid to the retirement board, together with

all amounts paid to the retirement board by a member or by a member's

beneficiary for the purchase of prior service credits or any other purpose

permitted under sections 86.1310 to 86.1640, in all cases with interest

thereon at a rate determined from time to time for such purpose by the

retirement board;



(2) "Beneficiary", any person entitled, either currently or

conditionally, to receive pension or other benefits provided in sections

86.1310 to 86.1640;



(3) "Board of police commissioners", the board composed of police

commissioners authorized by law to employ and manage an organized police

force in the cities;



(4) "City" or "cities", any city which now has or may hereafter have a

population of more than three hundred thousand and less than seven hundred

thousand inhabitants, or any city that has made an election under section

86.1320 to continue a civilian employees' retirement system theretofore

maintained under sections 86.1310 to 86.1640;



(5) "Compensation", the basic wage or salary paid a member for any

period, excluding bonuses, overtime pay, expense allowances, and other

extraordinary compensation; except that, notwithstanding such provision,

compensation for any year for any member shall not exceed the amount permitted

to be taken into account under Section 401(a)(17) of the Internal Revenue

Code as applicable to such year;



(6) "Consultant", unless otherwise specifically defined, means a person

retained by the retirement system as a special consultant on the problems of

retirement, aging and related matters who, upon request of the retirement

board, shall give opinions and be available to give opinions in writing or

orally in response to such requests, as may be needed by the board;



(7) "Creditable service", service qualifying as a determinant of a

member's pension or other benefit under sections 86.1310 to 86.1640 by

meeting the requirements specified in such sections, or section 105.691;



(8) "Employee", any regularly appointed civilian employee of the police

department of the city as specified in sections 86.1310 to 86.1640 who is not

eligible to receive a pension from the police retirement system of said city;



(9) "Final compensation", the average annual compensation of a member

during the member's service if less than two years, or the twenty-four months

of service for which the member received the highest salary whether

consecutive or otherwise. For any period of time when a member is paid on a

frequency other than monthly, the member's salary for such period shall be

deemed to be the monthly equivalent of the member's annual rate of

compensation for such period;



(10) "Internal Revenue Code", the United States Internal Revenue Code of

1986, as amended;



(11) "Medical board", not less than one nor more than three physicians

appointed by the retirement board to arrange for and conduct medical

examinations as directed by the retirement board;



(12) "Member", a member of the civilian employees' retirement system as

described in section 86.1480;



(13) "Pension", annual payments for life, payable monthly, beginning with

the date of retirement or other applicable commencement date and ending with

death;



(14) "Pension fund", the fund resulting from contributions made thereto

by the cities affected by sections 86.1310 to 86.1640 and by the members of

the civilian employees' retirement system;



(15) "Retirement", termination of a member's status as an employee of the

police department of the city at a time when the member or the member's

beneficiary is immediately entitled to one or more benefits under sections

86.1310 to 86.1640;



(16) "Retirement board" or "board", the board provided in section 86.1330

to administer the retirement system;



(17) "Retirement system", the civilian employees' retirement system of

the police department of the cities as defined in section 86.1320;



(18) "Surviving spouse", when determining whether a person is entitled to

benefits under sections 86.1310 to 86.1640 by reason of surviving a member,

shall include only:



(a) The person who was married to the member at the time of the member's

death in service prior to August 28, 2001, and who had not remarried prior to

August 28, 2001;



(b) The person who was married to the member at the time of the member's

death in service on or after August 28, 2001;



(c) In the case of any member who both retired and died prior to August

28, 2001, the person who was married to the member at the time of the

member's death and who had not remarried prior to August 28, 2001;



(d) In the case of any member who retired prior to August 28, 2001, and

died on or after that date, the person who was married to the member at the

time of the member's death; or



(e) In the case of any member who retired on or after August 28, 2001,

the person who was married to the member at both the time of the member's

retirement and the time of the member's death.



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