Section 104.1084

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 104

Effective - 28 Aug 2023, 2 histories   

  104.1084.  Retirement benefits, general assembly members and statewide elected officials — COLA permitted, when — ineligibility for benefits — long-term disability, continued service credit accrual. — 1.  For members of the general assembly, the provisions of this section shall supplement or replace the indicated other provisions of the year 2000 plan.  "Normal retirement eligibility" means attainment of age fifty-five for a member who has served at least three full biennial assemblies or the attainment of at least age fifty for a member who has served at least three full biennial assemblies with a total of years of age and years of credited service which is at least eighty.  A member shall receive two years of credited service for every full biennial assembly served.  A full biennial assembly shall be equal to the period of time beginning on the first day the general assembly convenes for a first regular session until the last day of the following year.  If a member serves less than a full biennial assembly, the member shall receive credited service for the pro rata portion of the full biennial assembly served.

  2.  For the purposes of section 104.1024, the normal retirement annuity of a member of the general assembly shall be an amount for life equal to one twenty-fourth of the monthly pay for a senator or representative on the annuity starting date multiplied by the years of credited service as a member of the general assembly.  In no event shall any such member or eligible beneficiary receive annuity amounts in excess of one hundred percent of pay.

  3.  To be covered by the provisions of section 104.1030, or section 104.1036, a member of the general assembly must have served at least three full biennial assemblies.

  4.  For members who are statewide elected officials, the provisions of this section shall supplement or replace the indicated other provisions of the year 2000 plan.  "Normal retirement eligibility" means attainment of age fifty-five for a member who has served at least four years as a statewide elected official, or the attainment of age fifty with a total of years of age and years of such credited service which is at least eighty.

  5.  For the purposes of section 104.1024, the normal retirement annuity of a member who is a statewide elected official shall be an amount for life equal to one twenty-fourth of the monthly pay in the highest office held by such member on the annuity starting date multiplied by the years of credited service as a statewide elected official not to exceed twelve years.

  6.  To be covered by the provisions of sections 104.1030 and 104.1036, a member who is a statewide elected official must have at least four years as a statewide elected official.

  7.  The provisions of section 104.1045 shall not apply to persons covered by the general assembly and statewide elected official provisions of this section.  Persons covered by the general assembly provisions and receiving a year 2000 plan annuity shall be entitled to a cost-of-living adjustment (COLA) when there are increases in pay for members of the general assembly.  Persons covered by the statewide elected official provisions and receiving a year 2000 plan annuity shall be entitled to COLAs when there are increases in the pay for statewide elected officials in the highest office held by such person.  The COLA described in this subsection shall be equal to and concurrent with the percentage increase in pay as described in section 105.005.  No COLA shall be less than zero.

  8.  Any member who serves under this chapter as a member of the general assembly or as a statewide elected official on or after August 28, 1999, shall not be eligible to receive any retirement benefits from the system under either the closed plan or the year 2000 plan based on service rendered on or after August 28, 1999, as a member of the general assembly or as a statewide elected official if such member is convicted of a felony that is determined by a court of law to have been committed in connection with the member's duties either as a member of the general assembly or as a statewide elected official, unless such conviction is later reversed by a court of law.

  9.  A member of the general assembly who has purchased or transferred creditable service shall not be subject to the cap on benefits pursuant to subsection 2 of this section for that portion of the benefit attributable to the purchased or transferred service.

  10.  For the purposes of section 104.1042, the service credit accrued by a member of the general assembly while receiving long-term disability benefits shall continue to accrue until the earliest receipt of attainment of normal retirement age eligibility, termination of disability benefits, or the end of the member's constitutionally mandated limit on service as a member of the general assembly for the chamber in which the member was serving at the time of disablement.

  11.  For the purposes of section 104.1042, the service credit accrued by a statewide elected official while receiving long-term disability benefits shall continue to accrue until the earliest of attainment of normal retirement age eligibility, termination of disability benefits, or the end of the statewide elected official's constitutionally mandated limit on service as a statewide elected official for the office in which the statewide elected official was serving at the time of disablement.

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(L. 1999 S.B. 308 & 314, A.L. 2002 H.B. 1455, A.L. 2023 S.B. 20 merged with S.B. 75)