2-5/3-5 Verification of Service Transfer of CURP Membership
(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.
The New Board Rule 8-1 implemented on June 19, 2008 is as follows:
8-1 Excess Benefit Arrangement
The Excess Benefit Arrangement of the Missouri State Employees’ Retirement System (Arrangement) is adopted effective July 19, 2008. The Arrangement is established and maintained by the Missouri State Employees’ Retirement System (MOSERS) solely for the purpose of providing benefits for certain of its participants who participate in MOSERS in excess of the limitations on benefits imposed by Section 415 of the Internal Revenue Code.
The Arrangement is adopted pursuant to the authority granted to MOSERS by Sections 104.010 and 104.1003, RSMo.
This Arrangement is a portion of a governmental plan (as that term is defined in Section 414(d) of the Internal Revenue Code of 1986, as amended, and Section 3(32) of the Employee Retirement Income Security Act of 1974, as amended) and is administered as a qualified governmental excess benefit plan pursuant to the provisions of Internal Revenue Code Section 415(m).
MOSERS hereby adopts the Arrangement pursuant to the terms and provisions set forth below:
1) Definitions and Construction:
A) "Board" means the board of trustees of MOSERS.
B) "Code" or "IRC" means the Internal Revenue Code of 1986, as amended from time to time, and any regulations relating thereto.
C) "Employer" means an employer as defined at Section 104.010, RSMo.
D) "Annuity Starting Date" means the annuity starting date of the annuity payment period set forth in Chapters 104, 287, and 476 RSMo.
E) "Participant" means a retiree as defined in Sections 104.010 and 104.1004, RSMo, a retired administrative law judge or legal advisor under Chapter 287, RSMo, or a retired judge under Chapter 476, RSMo.
F) "Arrangement" means the Excess Benefit Arrangement of the Missouri State Employees’ Retirement System.
G) "Qualified Plan" means retirement plans administered by MOSERS under Chapters 104, 287, and 476, RSMo.
H) "Qualified Plan Retirement Benefit" means the benefit
payable to a Participant pursuant to the applicable Qualified Plan.
I) "Qualified Plan Beneficiary Benefit" means the benefit payable to the Beneficiary of a Participant pursuant to the applicable Qualified Plan.
J) "Excess Retirement Benefit" means the benefit payable to a Participant pursuant to the Arrangement by reason of termination of employment with any Employer for any reason other than death.
K) "Beneficiary" means a person named as surviving spouse or beneficiary under an annuity payable under Chapter 104, 287, and 476, RSMo.
L) "Excess Beneficiary Benefit" means the benefit payable to a Beneficiary pursuant to the Arrangement.
M) "Limitation Year" means that period for which all calculations and determinations of benefits and contribution limits will be made under IRC Section 415 and this Arrangement. The "Limitation Year" shall be the calendar year.
N) Words in the masculine gender shall include the feminine and the singular shall include the plural, and vice versa, unless qualified by the context. Any headings used herein are included for ease of reference only and are not to be construed so as to alter the terms hereof.
2) Eligibility.
A Participant who is eligible to receive a Qualified Plan Retirement Benefit, the amount of which is reduced by reason of the application of the limitations on benefits imposed by application of Section 415 of the Code, as in effect on the Participant’s Annuity Starting Date, or as in effect at any time thereafter, to the Qualified Plan shall be eligible to receive an Excess Retirement Benefit. The Beneficiary of a Participant described in the preceding sentence shall be eligible to receive an Excess Beneficiary Benefit.
3) Excess Retirement Benefit.
A) Amount. The Excess Retirement Benefit payable to an eligible Participant shall be a monthly amount equal to the difference between subparagraphs (i) and (ii) below.
i) The monthly amount of the Qualified Plan Retirement Benefit to which the Participant would have been entitled under the Qualified Plan if such Benefit were computed without giving effect to the limitations on benefits imposed by application of Section 415 of the Code to plans to which that Section applies; LESS
ii) The monthly amount of the Qualified Plan Retirement
Benefit actually payable to the Participant under the Qualified Plan.
The amounts described in subparagraphs (i) and (ii) above shall be computed annually, based upon payments during the limitation year.
B) Form of Benefit. The Excess Retirement Benefit payable to a Participant shall be paid in the same form under which the Qualified Plan Retirement Benefit is payable to the Participant. The Participant's election under the Qualified Retirement Benefit (with the valid consent of the Participant’s Spouse where required under the Qualified Plan) shall also be applicable to the payment of the Excess Retirement Benefit.
C) Commencement of Benefit. Payment of the Excess Retirement Benefit to a Participant shall commence on the same date as payment of the Qualified Plan Retirement Benefit to the Participant commences. Any election under the Qualified Plan made by the Participant with respect to the commencement of payment of the Qualified Plan Retirement Benefit shall also be applicable with respect to the commencement of payment of the Excess Retirement Benefit.
4) Excess Beneficiary Benefit.
A) Amount. If a Participant dies under circumstances in which a Qualified Plan Beneficiary Benefit is payable, then an Excess Beneficiary Benefit is payable to the Beneficiary as hereinafter provided. The monthly amount of the Excess Beneficiary Benefit payable to a Beneficiary shall be equal to the difference between subparagraphs (i) and (ii) below.
i) The monthly amount of the Qualified Plan Beneficiary Benefit to which the Beneficiary would have been entitled under the Qualified Plan if such Benefit were computed without giving effect to the limitations on benefits imposed by application of Section 415 of the Code to plans to which that Section applies; LESS
ii) The monthly amount of the Qualified Plan Beneficiary Benefit actually payable to the Beneficiary under the Qualified Plan.
B) Form and Commencement of Benefit. An Excess Beneficiary Benefit shall commence and be payable in the same time and form of payment as the Qualified Plan Beneficiary Benefit is paid.
5) Administration of the Arrangement.
A) Administration by MOSERS. MOSERS shall be responsible for the general operation and administration of the Arrangement and for carrying out the provisions thereof. MOSERS shall have the authority to interpret this Arrangement and to issue such policies with respect to this Arrangement as it deems appropriate. MOSERS shall have the duty and responsibility to maintain records and to make calculations and determinations of benefits hereunder. MOSERS regulations, interpretations, determinations, and calculations shall be final and binding upon all persons and parties concerned.
B) General Powers of Administration. All provisions set forth in the Qualified Plan with respect to the administrative powers and duties of MOSERS, expenses of administration, and procedures for filing claims shall also be applicable with respect to the Arrangement. MOSERS shall be entitled to rely conclusively upon all tables, valuations, certificates, opinions, and reports furnished by any actuary, accountant, controller, counsel, or other person employed or engaged by MOSERS with respect to the Arrangement.
6) Amendment or Termination.
A) Amendment or Termination. MOSERS reserves the right to amend or terminate the Arrangement when, in the sole opinion of MOSERS, such amendment or termination is advisable. Any such amendment or termination shall be made pursuant to a resolution of the board and shall be effective as of the date set forth in the resolution.
B) Effect of Amendment or Termination. No amendment or termination of the Arrangement shall directly or indirectly deprive any current or former Participant or Beneficiary of all or any portion of any Excess Retirement Benefit or Excess Beneficiary Benefit payment that has commenced prior to the effective date of such amendment or termination or any Participant’s accrued benefit hereunder, on such effective date.
7) General Provisions.
A) Funding. The Arrangement at all times shall be entirely unfunded and no provision shall at any time be made with respect to segregating any assets of MOSERS, of the state of Missouri, or of any Employer for payment of any benefits hereunder. No Participant, Beneficiary, or any other person shall have any interest in any assets of MOSERS, the state, or of any Employer by reason of the right to receive a benefit under the Arrangement.
B) General Conditions. Except as otherwise expressly provided herein, all terms and conditions of the Qualified Plan applicable to a Qualified Plan Retirement Benefit or a Qualified Plan Beneficiary Benefit shall also be applicable to an Excess Retirement Benefit or an Excess Beneficiary Benefit payable hereunder. Any Qualified Plan Retirement Benefit or Qualified Plan Beneficiary Benefit, or any other benefit payable under the Qualified Plan, shall be paid solely in accordance with the terms and conditions of the Qualified Plan and nothing in this Arrangement shall operate or be construed in any way to modify, amend, or affect the terms and provisions of the Qualified Plan.
C) No Enlargement of Employee Rights. No Participant or Surviving Spouse shall have any right to a benefit under the Arrangement except in accordance with the terms of the Arrangement. Establishment of the Arrangement shall not be construed to give any Participant the right to be retained in the service of any Employer.
D) Applicable Law. The Arrangement shall be construed and administered under the laws of the state of Missouri and Section 415(m) of the Code.
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