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 Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

 Chapter 104 Retirement of State Officers and Employees 
DEFINITIONS FOR RETIREMENT SYSTEMS
104.010   Definitions. (8/28/2023)
104.012   Spouse defined. (8/28/2001)
MISSOURI DEPARTMENT OF TRANSPORTATION AND HIGHWAY PATROL EMPLOYEES' RETIREMENT SYSTEM
104.020   System created. (8/28/2023)
104.030   Highway patrol uniformed members and civilian employees to be members of retirement system — credit for military service, when. (8/28/1988)
104.035   Deferred normal annuity on termination of employment to be paid to employee, requirements — reemployment and member of system, prior service credit restored, when — transportation department and highway patrol, deferred normal annuity, when, requirements. (8/28/2023)
104.040   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. (8/28/2013)
104.050   Years of service used in calculating annuity — noncompensated absences for illness and injury, effect — withdrawal before entitled to deferred annuity, relinquishes all rights — reinstatement of forfeited creditable service, when. (8/28/2004)
104.060   No payroll deductions — accumulated contributions refunded, when, to whom. (2/14/1980)
104.070   Board to submit estimate of amounts to be contributed by state — included in appropriation request. (8/28/1983)
104.080   Member may retire when — waiver of monthly annuity, when. (8/28/2004)
104.081   Highway patrol retirement age. (8/28/2004)
104.090   Normal annuity of retired member — additional allowance to patrolmen, qualifications — survivorship options — option selected prior to retirement, death of spouse, effect — spouse as beneficiary, effect — dissolution of marriage, cancellation of election, when. (8/28/2023)
104.100   Early retirement and retirement, service credits required at age fifty-five — sixty — sixty-five, exception — computation. (8/28/1993)
104.103   Annual benefit increase, when, how computed — limitation — reversion of amount of benefit — special consultant, compensation. (8/28/2004)
104.110   Disability benefits, who entitled, how calculated, terminated when — medical examination required, when — proof of application for Social Security benefits — death benefit, not payable, when — board to establish definitions — annuity benefits, accrual, election — death benefit, eligibility, when — disability and death benefits payable, when. (8/28/2004)
104.120   Accumulated contributions paid as death benefit, when. (8/28/1955)
104.140   Death prior to retirement, benefits. (8/28/2013)
104.150   Benefit fund, how held — purpose — deposit, executive director, duties, bond required — investment, board's powers and duties. (8/28/1988)
104.160   Board of trustees, membership — nominations and voting rights of members of system. (8/28/2023)
104.170   Officers of board of trustees, election, terms, duties — executive director, appointment, powers and duties — process to be served on executive director. (8/28/2023)
104.175   Liability insurance coverage authorized, state highways and transportation commission. (8/28/2001)
104.180   Meetings of board, quorum, compensation of employees of board — service to system deemed regular duties. (8/28/2004)
104.190   Records of board — report — office at Jefferson City — seal — audit of accounts, requirements. (8/28/2013)
104.200   Board may correct error in amounts paid member, limitation. (8/28/2023)
104.210   Powers of board of trustees. (8/28/1988)
104.220   Actuary, selection, duties. (8/28/1983)
104.230   Legal services to be rendered by whom. (8/28/1955)
104.240   Actions by and against system — process how served — venue of actions against system — no personal liability for official acts by officers and employees. (8/28/1988)
104.250   Law creates vested rights — benefits exempt from taxes and executions — exception, subject to child support and spousal maintenance. (7/11/2002)
104.254   Spouses of deceased retired members appointed as special consultants, when — duties — compensation — not to affect other benefits. (7/11/2002)
104.255   Certain surviving spouses to become consultants — compensation — not to affect survivor's benefits or eligibility for retirement — surviving spouses not receiving payments on or after September 1, 1989. (8/28/2004)
104.260   Members retiring after October 1, 1984, may be made consultants, when, procedure — compensation to be exempt from taxes, judgments, claims — unassignability. (8/28/1992)
104.270   Medical and death benefits to be furnished, how — state contribution, amount — contracts for, how let. (7/11/2002)
104.271   Retirement age, certain employees — "eighty and out". (8/28/2003)
104.272   Certain members entitled to credit for service regardless of classification. (8/28/2013)
MISSOURI STATE EMPLOYEES' RETIREMENT SYSTEM
104.312   Pension, annuity, benefit, right, and allowance is marital property — division of benefits order, requirements — information for courts — rejection of division of benefits order — basis for payment to alternate payee — calculation of division of benefits. (8/28/2023)
104.320   Retirement system to be body corporate, to be known as Missouri state employees' retirement system — powers and duties — medical benefit funds. (8/28/2007)
104.330   State employees to be members — military service, effect. (8/28/2001)
104.332   Certain legal advisors to be made special consultants on problems of retirement — legal advisor defined. (8/28/2001)
104.335   Vesting service — members who are entitled to annuities — requirements, amounts — terminated vested member, judge, administrative law judge or legal advisor, election to pay present value of annuity, eligibility, purchase of prior service credit. (7/11/2002)
104.339   Creditable prior service, members entitled to. (8/28/2001)
104.340   Creditable prior service and prior service credits — what is included — special consultants, requirements, compensation. (8/28/2003)
104.342   Certain teachers employed by state to be members, when — may elect to remain members of public school retirement system, procedure, election for certain teachers required to be made, when — effect of failure to make election — newly employed teachers to become members of state system — employees at time of service not covered by federal Social Security, effect — certain employees electing to remain in school retirement system entitled to refund plus interest, when — certain teachers remaining in school retirement system to be noncontributory members. (8/28/2018)
104.343   Military service, purchase of prior service credit, refund to surviving spouse when death occurs before retirement, procedure, limitation. (8/28/1992)
104.344   Member entitled to purchase prior creditable service for nonfederal full-time public employment or contractual services — method, period, limitation. (8/28/2007)
104.345   Circuit clerks entitled to prior service credit, when — certain circuit clerks to be appointed consultants, duties, compensation to be creditable service, when — clerks entitled to refund of contribution, procedure, also entitled to prior service credit. (8/28/2001)
104.347   Member elected as circuit clerk of certain counties entitled to annuity. (8/28/1994)
104.350   Withdrawal from service, when, reentry after withdrawal, how made — forfeiture and reinstatement of creditable service, when. (7/11/2002)
104.352   Part-time legislative employees — insurance benefits — vesting service — deferred normal and partial annuities — requirements. (8/28/2013)
104.354   Part-time legislative employee retirement benefits — funding. (8/28/2013)
104.370   General assembly members entitled to normal annuity, requirements, limitation — election to state office, effect — certain members entitled to creditable prior service — former members as special consultants, compensation — elected county officials, prior service. (8/28/2003)
104.371   Elective state officers entitled to normal annuity, how computed, exception — additional service, how credited — retirement age, statewide officer, annuity, amount. (8/28/1997)
104.372   General assembly members and elective state officers, survivor's income payments, when, amount — death before retirement survivor's benefit — creditable prior service for certain teachers employed by state — surviving spouse, special consultant — payments in lieu of other provisions, when. (8/28/2001)
104.374   State employee's normal annuity, computation — noncompensated absences counted as membership service, when — employees and general assembly members continuing to serve, cost-of-living increases on retirement or death. (7/11/2002)
104.378   Survivors as special consultants on board, when, compensation. (8/28/1999)
104.380   Retired members elected to state office, effect of — reemployment of retired members, effect of. (8/28/2023)
104.395   Options available to members in lieu of normal annuity — spouse as designated beneficiary, when — statement that spouse aware of retirement plan elected — reversion of amount of benefit, conditions — special consultant, compensation — election to be made, when — dissolution of marriage, effect, cancellation, when. (8/28/2020)
104.400   Normal retirement age — early retirement requirements — annuity, how computed. (7/11/2002)
104.401   Retirement requirements and procedure, annuity or deferred normal annuity, payment to commence when — temporary waiver of right to receive, effect, limitation. (8/28/2001)
104.403   Certain retirees eligible to apply for medical coverage benefits, amount of contribution, limitations. (7/1/2003)
104.404   Certain employees eligible for retirement may apply for medical benefits upon retirement, amount of contribution, time limitations. (7/1/2003)
104.410   Disability benefits, who entitled, eligibility — how calculated — eligibility requirements — disabled, a normal retiree, when — termination of disability, effect — members of general assembly and statewide elected officials, accrual of service. (8/28/2023)
104.415   Annual benefit increase, when, how computed — minimum — maximum increase — payable when — temporary waiver of right to receive, effect, limitation. (8/28/1999)
104.420   Death before retirement, member or disabled member — surviving spouse to receive benefits — if no qualifying surviving spouse, children's benefits. (8/28/2013)
104.422   Accumulated contribution as death benefit of member or former member. (5/12/1981)
104.436   Financing pattern for contribution determinations — commissioner of administration to certify payment. (8/28/2023)
104.438   Benefit funds, pay period certification of amount required — treasurer to transfer amount to fund. (7/11/2002)
104.440   Benefit fund, how held — board's powers — deposit — bond of executive director, investment of fund. (8/28/1988)
104.450   Board of trustees, membership of — appointed members and elected members, how chosen. (8/28/2001)
104.460   Board officer, selection, terms — elected members campaign disclosure procedure, penalty — executive director and staff, appointment, salaries, expenses — service of process to be served on director or director's designee. (8/28/2003)
104.470   Meeting of board — quorum — meetings not required for decisions of board, procedure, exception — expenses — failure to attend, result, exceptions — vacancies. (8/28/1997)
104.480   Records of board — financial report — office at Jefferson City — seal — audit of accounts, requirements. (8/28/2013)
104.490   Correction of errors in amount paid members — falsification of records, penalty — survivor or beneficiary charged with killing member, denial of benefits, resumption of payments if not convicted. (8/28/2023)
104.500   Powers and duties of board — conflict of interest of members or employees prohibited. (8/28/1988)
104.510   Actuary, selection — duties. (8/28/1988)
104.515   Insurance and disability benefits to be kept in separate accounts — state's contribution, amount, contribution to be made from highway funds for certain employees, when — employees and families, who are covered for medical insurance — premium collection for amount not covered by state — special consultants, duties, compensation, benefits. (8/28/2023)
104.516   Conservation department, contributions for insurance for uniformed agents, when. (8/28/1992)
104.517   Life insurance benefits, employees covered — certain departments and highway patrol may elect coverage — amount — additional insurance by payroll deductions, maximum — retention of coverage on retirement, cost deducted from retirement benefits — death benefits for special consultants. (8/28/2003)
104.518   Disability income benefits, employees covered — certain members of water patrol eligible. (8/28/2001)
104.519   Rules established for insurance and disability benefits — selection of insurance companies by bids — coverage of state employees under teacher retirement system eligible for insurance program — certain employees not eligible, when. (8/28/1997)
104.520   Legal advice, representation — attorney general to provide legal services, when. (8/28/1995)
104.530   Actions by and against system — process, how served — venue. (8/28/2001)
104.540   Law creates vested rights — certain contributions may be withheld from benefits and paid over. (8/28/2009)
104.550   Consulting firms assisting board, preference to be given Missouri based companies, when. (6/19/1987)
104.552   Department of health and senior services employee entitled to creditable prior service, when — application, time period. (8/28/1992)
PROVISIONS APPLICABLE TO BOTH SYSTEMS
104.601   Years of service to include unused accumulated sick leave, when — credited sick leave not counted for vesting purposes — applicable also to teachers' and school employees' retirement system. (8/28/2013)
104.602   Creditable service not previously credited to members of either system to be credited, when — duplicate credit prohibited — death of a member prior to exercise of transfer rights, rights of survivor. (8/28/2001)
104.603   Reciprocal transfer of creditable service, when. (8/28/2012)
104.604   Surviving spouse to receive benefits from only one member — right to elect. (10/1/1984)
104.605   Eligible rollover distribution and eligible retirement plan defined — compliance with IRS code required, when. (7/11/2002)
104.606   Purchase of creditable service, required before receipt of retirement annuity. (8/28/2007)
104.608   General assembly member may become consultant if denied credit in system due to membership in other state systems — compensation to be creditable service for all service in general assembly. (8/28/1989)
104.610   Special consultants, employment as, when — compensation, how, calculation of — severability provisions — former members as special consultants, when — certain special consultants may be eligible for survivor benefits. (7/1/2000)
104.612   Consultants, extra duty, compensation — benefit increases, limitations — survivors of judges, administrative law judges, and legal advisors to be consultants — limited survivor benefits extended to all members, one-time refund payments made to certain members. (8/28/1999)
104.615   Minimum monthly benefits. (1/1/1995)
104.620   Contribution refund to members — effect on benefits — record retention — reversion to credit of fund, when — reversion of unclaimed benefits, when — refund received, when. (8/28/2018)
104.621   Affirmative action plan for hiring money managers, brokers and investment counselors, required — report to joint committee on public employee retirement. (8/28/1993)
104.625   Annuities and lump sum payments, when, determination of amount. (8/28/2023)
PROVISIONS APPLICABLE TO SEVERAL STATE RETIREMENT SYSTEMS
104.800   Transfers of creditable service to other retirement system — transfer to be made, when — effect of transfer — death of member prior to retirement and transfer to be computed under system with most advantageous benefits. (8/28/2013)
104.801   Health benefit coverage mandated by general assembly to be applicable to health benefit plans for state employees. (8/28/1990)
104.805   Employees transferred to department of transportation (MoDOT) not members of closed department of transportation and highway patrol employees' retirement system unless election made, procedure. (8/28/2007)
104.806   Certain employees transferred to MoDOT, not to become members of MoDOT retirement system unless elect to, procedure. (8/28/2003)
104.810   Water patrol employees, membership options. (8/28/2023)
YEAR 2000 PLAN

Eligible rollover distribution and compliance with IRS Code requirements applicable to year 2000 plan, 104.605

104.1003   Definitions. (8/28/2023)
104.1006   Year 2000 plan, citation, applicability of other provisions. (8/28/1999)
104.1009   Membership in year 2000 plan. (8/28/1999)
104.1012   Plans to be managed by appropriate boards. (8/28/2007)
104.1015   Election into year 2000 plan, effect of — comparison of plans provided — calculation of annuity. (8/28/2013)
104.1018   Vesting of benefits, when — reemployment of member, effect of. (8/28/2023)
104.1021   Credited service determined by board — calculation. (8/28/2013)
104.1024   Retirement, application — annuity payments, how paid, amount — election to receive annuity or lump sum payment for certain employees, determination of amount. (8/28/2023)
104.1027   Options for election of annuity reduction — spouse's benefits — dissolution of marriage, cancellation of election, when. (8/28/2020)
104.1030   Death prior to annuity starting date, effect of — surviving spouse's benefits — children's benefits — applicability to members of general assembly and statewide officials. (8/28/2013)
104.1033   Early retirement annuity, when. (8/28/1999)
104.1036   Deferred annuity, when — annuity starting date election — death of member, effect on annuity. (8/28/1999)
104.1039   Reemployment of a retiree, effect on annuity — cost-of-living adjustments. (8/28/2023)
104.1042   Long-term disability, effect on retiree's annuity. (8/28/2018)
104.1045   Cost-of-living adjustment, amount. (8/28/1999)
104.1048   Waiver of monthly payment or COLA. (8/28/1999)
104.1051   Annuity deemed marital property — division of benefits — calculation. (8/28/2023)
104.1054   Benefits are obligations of the state — benefits not subject to execution, garnishment, attachment, writ of sequestration — benefits unassignable — reversion of benefits, when — refund received, when. (8/28/2018)
104.1057   Year 2000 plan, a qualified plan according to federal law. (8/28/1999)
104.1060   Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when. (8/28/2023)
104.1063   Rulemaking authority. (8/28/1999)
104.1066   Actuarial valuations, methods used — certification of contribution rate, when. (8/28/2023)
104.1069   Trust established, investment of funds. (8/28/1999)
104.1072   Life insurance benefits — medical insurance for certain retirees. (8/28/2023)
104.1075   Disability income benefits. (7/11/2002)
104.1078   Separate accounts established for benefits — contributions by the state — board to determine premiums. (8/28/2001)
104.1081   Life insurance and disability benefit programs established — board rules. (8/28/1999)
104.1084   Retirement benefits, general assembly members and statewide elected officials — COLA permitted, when — ineligibility for benefits — long-term disability, continued service credit accrual. (8/28/2023)
104.1087   Credited service with multiple plans, payable annuity amount. (8/28/2007)
104.1089   Deferred annuity, when — forfeiture of creditable service and long-term disability benefits. (8/28/2020)
104.1090   Additional credited service, when. (8/28/2007)
104.1091   New employees, normal retirement eligibility — vesting requirements — temporary annuity, when — early retirement annuity, when — minimum credited service requirements — contribution amount — options — conditions for retirement after January 1, 2018, for certain employees. (8/28/2023)
104.1092   Deferred annuity, one-time election, when — forfeiture of creditable service — ineligibility for long-term disability benefits. (8/28/2017)
104.1093   Designation of an agent — benefit recipient defined — revocation of agent's authority. (8/28/2003)
EDUCATION EMPLOYEES
104.1200   Definitions. (7/11/2002)
104.1205   Duties of board. (7/1/2018)
104.1210   No credited service for outside employee or member, when — information provided by institutions and administrators, when. (7/11/2002)
104.1215   Outside employee's election for membership, when. (7/11/2002)
 - Cross References
Bi-state development agency, bonds of, investment in authorized, 70.377
Cafeteria plan, withholding not to affect retirement benefits, 33.103
County employees' retirement system, 50.1000 to 50.1300
Financial report annually, content, audit, when, 105.661
General assembly joint committee on retirement, cooperation, 21.561
Investments, fiduciaries duties, 105.688
Life insurance voluntary plan for state and political subdivision, 105.1000 to 105.1020
Medical staff of MOSERS to serve jointly consolidated health plan for state employees and participating political subdivisions, 103.010
Old age and survivors insurance for public officers and employees, 105.300 to 105.430
Rates and service decisions prior to 1-1-94 to be made by MOSERS before state consolidated health plan becomes effective, 103.010
Retirement of judges of courts, Chap. 476
Retirement of teachers, Chap. 169
Retirement systems, actuarial evaluation required at least biennially, 105.664
Savings accounts in insured savings and loan association, investment in authorized, 369.194
State Technical College of Missouri employees eligible for Missouri state retirement system, 178.639, 178.640
State Technical College of Missouri, employees eligible for Missouri state retirement system, 178.639, 178.640
Taxation by state of annuities, pensions and retirement allowances, 143.123, 143.124

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