SECOND REGULAR SESSION

HOUSE BILL NO. 1777

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE SALLEE.

Read 1st time January 26, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

4203L.01I


AN ACT

To repeal section 104.380, RSMo Supp. 1999, relating to the state employees' retirement system, and to enact in lieu thereof one new section relating to the same subject.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 104.380, RSMo Supp. 1999, is repealed and one new section enacted in lieu thereof, to be known as section 104.380, to read as follows:

104.380. 1. Except as provided in subsection 2 of this section, 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 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, but the member shall be considered to be a new employee with no previous creditable service and must accrue creditable service of one or more years after such employment in order to receive any additional annuity. Any employed retired member who has one or more years of creditable service after such employment 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. 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 hours per year, the member shall not be considered an employee as defined pursuant to section 104.010.

2. If a retired member is elected to any state office or is appointed to any state office or is employed by a department before such member receives six monthly benefit checks and such member reimburses the retirement system for any amount received as retirement benefits, such member shall be considered an active member of the retirement system and upon retirement the member's creditable service shall be calculated as if the member had never retired and received any retirement benefits.

3. Any retired member who would have qualified for increased benefits pursuant to this section if such retired member had been an employee on August 28, 2000, may apply to the board of trustees and shall be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters. As compensation for such duties the retired member shall be entitled to increased benefits calculated pursuant to this section the same as if the retired member was an employee on August 28, 2000.



Missouri House of Representatives