Board Rescinds Rules 2-16 and 3-14
The board rescinded rules 2-16 and 3-14 effective on March 27, 2008. The rules were as follows:
2-16 BackDROP Payment under
section 104.625, RSMo.
(1) A member will be considered continuously employed after the member’s
normal retirement age for purposes of section 104.625 if the member
is:
- actively working,
- on an approved leave of absence for less than 12 months,
- on an approved layoff for less than 12 months, or
- reemployed as an “employee” as defined in section 104.010, RSMo,
no later than 30 days after being terminated from employment with
a department.
(2) A member who ceases to be continuously employed under this rule
and subsequently returns to work for the state as an “employee” as defined
in section 104.010 prior to retirement will not be eligible to apply
for the BackDROP benefit.
3-14 BackDROP Payment under
section 104.1024, RSMo.
(1) A member will be considered continuously employed after the member’s
normal retirement eligibility date for purposes of section 104.1024
if member is:
- actively working,
- on an approved leave of absence for less than 12 months
- on an approved layoff for less than 12 months, or
- reemployed as an “employee” as defined in section 104.1003, RSMo,
no later than 30 days after being terminated from employment with
a department.
(2) A member who ceases to be continuously employed under this rule
and subsequently returns to work for the state as an “employee” as defined
in section 104.1003 prior to retirement will not be eligible to apply
for the BackDROP benefit.
It was determined that the board rule regarding BackDROP was more restrictive than the law intended. Based on advice from counsel, the board decided to expand BackDROP eligibility to include service after becoming eligible for normal retirement that is either continuous service or periods of service separated by a break in service. You may submit written comments regarding the rescission of these rules to MOSERS chief counsel at any time prior to April 27, 2008. The change will go into effect on April 27, 2008. However, the Board will consider any comments received at the June board meeting and has the authority to modify or rescind its rules as it deems appropriate.
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View
the Board Rules in their entirety
Send
a comment regarding these changes to MOSERS' Chief Counsel.
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