Section 104.380

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 104

Effective - 28 Aug 2023, 5 histories   

  104.380.  Retired members elected to state office, effect of — reemployment of retired members, effect of. — 1.  If a retired member is elected to any state office or is appointed to any state office or is employed by a department in a position normally requiring the performance by the person of duties during not less than one thousand forty hours per year, the member shall not receive an annuity for any month or part of a month for which the member serves as an officer or employee except, notwithstanding the provisions of section 105.684 to the contrary, those retired members serving as a member of the general assembly under section 104.370 or an elected state official under section 104.371.

  2.  Upon reemployment under subsection 1 of this section, the member shall be considered to be a new employee with no previous creditable service and must accrue creditable service continuously for at least one year in order to receive any additional annuity.  Any retired member who again becomes an employee and who accrues additional creditable service and later retires shall receive an additional amount of monthly annuity calculated to include only the creditable service and the average compensation earned by the member since such employment or creditable service earned as a member of the general assembly.  Years of membership service and twelfths of a year are to be used in calculating any additional annuity except for creditable service earned as a member of the general assembly, and such additional annuity shall be based on the type of service accrued.  In either event, the original annuity and the additional annuity, if any, shall be paid commencing with the end of the first month after the month during which the member's term of office has been completed, or the member's employment terminated.  If a retired member is employed by a department in a position that does not normally require the person to perform duties during at least one thousand forty hours per year, the member shall not be considered an employee as defined pursuant to section 104.010.  A retired member who becomes reemployed as an employee on or after August 28, 2001, in a position covered by the Missouri department of transportation and highway patrol employees' retirement system shall not be eligible to receive retirement benefits or additional creditable service from the state employees' retirement system.  Annual benefit increases paid under section 104.415 shall not accrue while a retired member is employed as described in this section except, notwithstanding the provisions of section 105.684 to the contrary, those retired members serving as a member of the general assembly under section 104.370 or an elected state official under section 104.371.  Any future annual benefit increases paid after the member terminates such employment will be paid in the same month as the member's original annual benefit increases were paid.  Benefits paid under subsection 3 of section 104.374 are not applicable to any additional annuity paid under this section.

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(L. 1957 p. 706 § 17, A.L. 1958 2d Ex. Sess. p. 180, A.L. 1967 p. 190, A.L. 1972 S.B. 548, A.L. 1976 H.B. 1213, H.B. 1733, A.L. 1980 H.B. 983, A.L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et al., A.L. 1984 H.B. 1370, A.L. 1985 H.B. 790, A.L. 1988 H.B. 1643 & 1399, A.L. 1992 S.B. 499, et al., A.L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 371, A.L. 2002 H.B. 1455, A.L. 2007 S.B.  406, A.L. 2013 H.B. 233, A.L. 2023 S.B. 20 merged with S.B. 75)