Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Chapter 104

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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