Section 287.815

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 287

Effective - 28 Aug 1999   

  287.815.  Retirement, age and service qualifications. — 1.  Effective August 28, 1999, any person, sixty-two years of age or older, who has served or who has creditable service in this state for an aggregate of at least twelve years, or any person, sixty years of age or older, who has served or who has creditable service in this state for an aggregate of at least fifteen years or any person, fifty-five years of age or older, who has served or who has creditable service in this state for an aggregate of twenty years, continuously or otherwise, as an administrative law judge or legal advisor, or both, of the division, and who, on or after August 13, 1984, ceases to hold office by reason of the expiration of his or her term, voluntary resignation, retirement pursuant to the provisions of sections 287.812 to 287.856, or removal by the governor for any nondisciplinary reason, shall receive benefits as provided in sections 287.812 to 287.856.  The twelve years', fifteen years' or twenty years' requirement of this section may be fulfilled by service as an administrative law judge or legal advisor, or both, of the division at any time prior to or after August 13, 1984.  If a person appointed pursuant to section 286.010 or a chairman appointed pursuant to section 295.030 does not have twelve years' or fifteen years' service, as required pursuant to this subsection, as an administrative law judge or legal advisor, or both, but the person has served in the general assembly, each biennial assembly or partial biennial assembly either served or purchased shall be deemed and credited as two full years of creditable service as an administrative law judge or legal advisor if the person waives in writing all right to any other retirement benefit provided by his or her service as a member of the general assembly.

  2.  Any aggregate of twelve years or more of such service shall entitle the person to retirement benefits provided in sections 287.812 to 287.856 regardless of whether or not the person was so employed upon reaching the age of eligibility as described in subsection 1 of this section.  However, the retirement benefits shall not be paid to the person until that person attains the age of eligibility as described in subsection 1 of this section.

  3.  If a person appointed pursuant to section 286.010 or pursuant to section 295.030 or pursuant to section 621.015 or an attorney or legal counsel appointed or employed pursuant to section 286.070 does not have twelve years' service as an administrative law judge or legal advisor, or both, but the person has creditable service under the Missouri state employees' retirement system, such person may elect that such service be credited as service as an administrative law judge or legal advisor if the person waives in writing all right to any other retirement benefit provided for other service.  Persons appointed pursuant to section 621.015 shall be required to have served a majority of a term in order to qualify for benefits pursuant to sections 287.812 to 287.856.

  4.  Any person who has been appointed and has served pursuant to section 621.015, prior to August 28, 1999, who is receiving or thereafter is qualified to receive retirement benefits pursuant to section 104.374 shall upon application be made, constituted, appointed and employed by the board of trustees of the Missouri state employees' retirement system as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life.  Upon request of the board or the administrative hearing commission, the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests.  As compensation for such services and in lieu of receiving benefits pursuant to section 104.374, each such special consultant shall be eligible for all benefits payable pursuant to sections 287.812 to 287.856, effective upon the later of August 28, 1999, or the date retirement benefits become payable.  In no event shall retroactive benefits be paid.

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(L. 1984 H.B. 1106, A.L. 1987 H.B. 564 merged with H.B. 713, A.L. 1988 H.B. 1643 & 1399, A.L. 1994 H.B. 1149, A.L. 1998 H.B. 971, A.L. 1999 S.B. 308 & 314)

(2008) Retroactive application of amended section reducing age of eligibility from sixty-five to sixty-two to previously retired administrative law judge violates Article III, sections 38(a) and 39(3).  Sihnhold v. Missouri State Employees' Retirement System, 248 S.W.3d 596 (Mo.banc).