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Board Rules - Chapter 3 Retirement
Under the Year 2000 Plan (104.1003-104.1093)
3-1 Military Service
3-2 Notification by the State Agency of Unpaid Leave
3-3 Notification by the State Agency of Termination of
Active Employment and Unused Sick Leave
3-4 Computation of Credit
3-5 Verification of Service
3-6 Cost of Living Allowance
3-7 Break in Service
3-8 Employees Working in More Than One Position
3-9 Options Under Section 104.1027, RSMo.
3-10 Service Adjustment for Wrongful Termination
3-11 Former Employees on Layoff Status
3-12 Benefit Eligibility for Full-time and Temporary
Employees
3-13 Electronic Funds Transfer
3-14 Selection of Actuary
3-1 Military Service
(1) A member shall not receive credit under sections 104.1021, RSMo,
for active duty and active duty for training unless such service is
shown on Form DD 214, NGB Form 23, or other comparable form.
(2) No military service will be credited until final payment has been
received.
(3) Members may not purchase or receive additional credited service
for periods of military service that coincide with periods of state
employment for which the member has already received credited service.
3-2 Notification by the State
Agency of Unpaid Leave
The employing department shall give written notice on a form provided
by the retirement system when the employee goes on an unpaid leave due
to illness and when an employee returns to work, or at the end of twelve
(12) months absence, whichever is sooner. Absence because of pregnancy
shall be considered absence for sickness or injury.
3-3 Notification by the State
Agency of Termination of Active Employment and Unused Sick Leave
(1) The employing department shall give written notice on a form provided
by MOSERS when each officer or employee leaves state employment, which
notice shall include a statement of the date of the last payroll period
for which the employee will be paid.
(2) For purposes of section 104.1021, RSMo, the employing department
shall report unused sick leave expressed in hours through the financial
and human resources system maintained by the Office of Administration,
known as the Statewide Advantage for Missouri (SAM II) system. If a
department’s employees are not paid through SAM II, it shall report
unused sick leave expressed in hours using a form provided by MOSERS.
MOSERS will credit one twelfth of a year of service for every one hundred
and sixty eight hours of unused sick leave.
3-4 Computation of Credit
In determining prior service credit and in calculation of creditable
service, one (1) calendar month equals one-twelfth (1/12) of a year
and any remaining days shall be converted into months (or one-twelfth
(1/12) of a year) on the basis that each thirty (30) calendar days equals
one (1) month and a remainder of twenty-seven (27) or more days will
be credited as an additional month. Any balance of less than twenty-seven
(27) days will not be used in the calculation. Credit will be computed
using the date of employment to the date of termination. Credit will
be granted for up to one (1) year of authorized sick leave without pay
due to an employee's illness or injury. Credit will not be granted for
any other periods of leave without pay unless otherwise provided by
law.
3-5 Verification of Service
(1) Service must be verified before credit is granted. Proof of service that will be accepted by MOSERS is listed in order of preference:
(A) Certification by the employing state department's payroll/personnel officer listing periods of employment by dates, position, and status or similar certification from the Personnel Division of the Office of Administration for employment in agencies for which the division maintains central payroll/personnel records. Such employing state department must certify that the position in which service was rendered required at least one thousand and forty hours of service per year during any time period on or after August 28, 2007, at least one thousand hours of service per year for service during any time period on or after October 1, 1984 but prior to August 28, 2007, and at least one thousand five hundred hours of service per year for service during any time period prior to October 1, 1984.
(B) Certification from retirement records, listing employing state department, periods of employment by dates and, if available, position and status.
(2) Service may not be purchased pursuant to sections 104.344, RSMo, unless [:
(A)] the employer was a governmental entity created pursuant to state law and the employer certifies that the position in which service was rendered required at least one thousand and forty hours of service per year during any time period on or after August 28, 2007, at least one thousand hours of service per year for service during any time period on or after October 1, 1984 but prior to August 28, 2007, and at least one thousand five hundred hours of service per year for service during any time period prior to October 1, 1984 [; or
(B) the employer was a contractor who had a contract with a state department, and the employer and the state department certify that the position in which service was rendered required at least one thousand hours of service per year to the state department for service during any time period on or after October 1, 1984, and at least one thousand five hundred hours of service per year to the state department for service during any time period prior to October 1, 1984].
(3) Service may not be purchased pursuant to sections 105.691, RSMo, unless the employer was a governmental entity created pursuant to state law and the employer certifies that the position in which service was rendered required at least one thousand and forty hours of service per year during any time period on or after August 28, 2007, at least one thousand hours of service per year for service during any time period on or after October 1, 1984 but prior to August 28, 2007, and at least one thousand five hundred hours of service per year for service during any time period prior to October 1, 1984.
3-6 Cost of Living Allowance
Pursuant to section 104.1045, RSMo, the annual increase in benefits
and/or compensation for retirees and consultants shall be calculated
based upon the average of the monthly values of the consumer price index
for all urban consumers (CPI-U) for a calendar year and the increase
shall be calculated to the nearest one-thousandth (1/1000) of a percent.
3-7 Break in Service
An employee will have a break in service when the employee is off
payroll for an entire calendar month, except when the employee is on
an approved leave-of-absence. An approved leave-of-absence without pay
will not constitute a break in service.
3-8 Employees Working in More
Than One Position
If a person is employed in at least one (1) position qualifying under
the retirement system, the employee shall accrue credited service at
a rate of one (1) day for each calendar day of employment and shall
not accrue more than one (1) day of service for any one (1) day of employment.
The total compensation received by an employee for all positions qualifying
under the retirement system and from each position which would otherwise
qualify except the position normally requires less than one thousand
(1000) hours per year, shall be recognized in determining the amount
of the member's benefits.
3-9 Options Under Section 104.1027,
RSMo.
(1) The election to take one of the options under section 104.1027
is irrevocable after the first retirement benefit payment is mailed
or electronically transferred by MOSERS, except as specifically provided
in section 104.1027, RSMo.
(2) With respect to options 3 and 4 under section 104.1027, RSMo,
the beneficiary or beneficiaries must be designated in the retirement
application. The beneficiaries may be changed by a subsequent designation
filed by the member.
3-10 Service Adjustments for
Wrongful Termination
In order for an employee to receive retirement credit for the period
since his/her dismissal, the employee must be paid a salary or wage
for that period of time, and the appropriate contribution must be made
to the retirement system. The amount of the salary or wage is not pertinent
to the employee receiving retirement credit from the retirement system;
the amount of salary or wage is a matter to be agreed upon by the department
and the employee. However, the amount of salary or wage paid to the
employee may affect the amount of the member's retirement benefit. In
addition to the previous requirements, any agreement where a dismissed
employee receives retirement credit must be approved by a court of law,
or administrative tribunal with jurisdiction, so that it has the effect
of a court order. The member shall be considered to be on a leave-of-absence
without pay (no credit) for the period(s) for which the member receives
no back wages, which will not constitute a break in service.
3-11 Former Employees on Layoff
Status
(1) For purposes of this rule, a "layoff" occurs when an employer
lays off an employee by reason of a shortage of work or funds, the abolition
of the position, or other material change in the duties or organization,
or for other related reasons which are outside the employee's control
and which do not reflect poor job performance by the employee.
(2) Former employees on layoff status may continue their basic and
optional group life insurance and long-term disability coverage at their
own expense. The continuation of such insurance is subject to the terms
of coverage for such insurance, but in no event may such insurance be
continued beyond twelve (12) months after the employee is laid off.
The monthly premium for an individual on layoff status for basic and
optional life insurance will be based on the premium that would have
been paid by the state for basic coverage and by the individual for
optional coverage if the individual had been on active status during
the layoff period. The amount of life insurance will be limited to the
amount in effect at the date of the layoff. The monthly charge to an
individual for long-term disability coverage will be based on the rate
of pay in effect at the time of the layoff and the long-term disability
rates in effect for active employees during the layoff period.
(3) Upon reinstatement of an employee on layoff status, the system
will reestablish service credit for the employee as of the date of reinstatement.
3-12 Benefit Eligibility for
Full-time and Temporary Employees
(1) Employees who work in positions normally requiring at least 1000
hours a year are eligible for benefits from MOSERS.
(2) The employer shall determine benefit eligibility at the time the
employee is hired. Benefit eligibility also shall be determined under
these procedures by the employer for all employees who were hired prior
to 1/1/99 and who are actively employed on or after 1/1/99.
(3) If an employee is determined to be in a benefit eligible position,
a membership form shall be completed and sent to MOSERS. The employer
shall give the employee the appropriate handbooks describing benefits
from MOSERS.
(4) If an employee is determined not to be in a benefit eligible position,
the employer should inform the employee of that fact and maintain documentation
to that effect. If the employer is requested by an employee or MOSERS
to provide information about the position at a later date, the employer
should advise the employee and MOSERS that the service in that position
was not benefit eligible.
(5) MOSERS will grant service credit requests for service if: (1)
the employer determines that the employee was in a benefit eligible
position (worked in a position that normally required at least 1000
hours a year during the relevant time period), (2) the employer submits
a membership form for the employee backdated to the original start date,
(3) the employer provides MOSERS with information regarding salary earned
by the employee for each month of service requested, and (4) MOSERS
receives contributions for the salary and service credit requested.
3-13 Electronic Funds Transfer
All retirement and survivor benefits or other periodic payments paid by the
system shall be paid to the recipients of such payments by electronic funds
transfer, unless the benefit recipient requests not to use electronic funds
transfer. Staff shall strongly encourage all benefit recipients to receive payments
by electronic funds transfer, but the payment of benefits shall not be delayed
or withheld if the member does not submit a direct deposit authorization form.
This rule shall be effective December 1, 2006.
3-14 Selection of Actuary
Beginning 2003, the Executive Director shall retain an independent
actuarial firm to perform an actuarial audit at least every 5 years
in order to evaluate the actuarial firm that is currently providing
actuarial services to the Board and report the results of that audit
to the Board at a Board meeting held during the first quarter of that
year. The Executive Director may recommend changes to the contract with
the actuarial firm that is currently providing actuarial services to
the Board or the issuance of a request for proposal from additional
actuarial firms:
- based on the information provided in the actuarial audit report,
or
- whenever the Executive Director determines it is appropriate to
do so.
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