To repeal sections 169.035, 169.050, 169.589 and 169.650, RSMo 1994, and sections 169.030, 169.055, 169.056, 169.057, 169.075, 169.560, 169.620, 169.630, 169.655 and 169.660, RSMo Supp. 1995, relating to teacher and school employee retirement systems, and to enact thirteen new sections relating to the same subject, with an effective date for certain sections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 169.035, 169.050, 169.589 and 169.650, RSMo 1994, and sections 169.030, 169.055, 169.056, 169.057, 169.075, 169.560, 169.620, 169.630, 169.655 and 169.660, RSMo Supp. 1995, are repealed and thirteen new sections enacted in lieu thereof, to be known as sections 169.030, 169.035, 169.050, 169.055, 169.056, 169.075, 169.560, 169.589, 169.620, 169.630, 169.650, 169.655 and 169.660, to read as follows:

169.030. 1. The funds required for the operation of the retirement system created by sections 169.010 to 169.141 shall come from contributions made in equal amounts by members of the system and their employers, except as provided for certain members and employers by section 104.342, RSMo, and from such interest as may be derived from the investment of any part of such contributions. All contributions shall be transmitted to the board of trustees by employers in such manner and at such time as the board by rule shall require. The board by its rules may establish an interest charge to be paid by the employer on any payments of contributions which are delinquent. The rate charged shall not exceed the actuarially assumed rate of return on invested funds of the system.

2. For each school year following the date on which the system becomes operative, each and every employer of one or more persons who are members of the system shall transmit to the board of trustees, in the manner and accompanied by such supporting data as the board shall prescribe, twice the amount that is deductible from the pay of such employee or employees during the school year. Failure or refusal to transmit such amount as required shall render the person or persons responsible therefor individually liable for twice the amount so withheld. Suits for the recovery of amounts for which individuals are thus rendered liable shall be instituted and prosecuted by the board of trustees in the name of the retirement system. In addition to such civil penalty, and not in lieu thereof, any person or persons made responsible for the payment of contributions who shall willfully and knowingly fail or refuse to transmit such contributions or any part thereof to the board of trustees shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars and not more than two hundred dollars, and each day such person or persons shall so fail or refuse to transmit such contributions shall be deemed a separate offense.

3. The contributions of members of the retirement system shall be collected by their employers through appropriate deductions from paychecks, except as provided for certain members and employers by section 104.342, RSMo. The total amount deducted from the paychecks of members during any school year shall equal such a percent of their salary rates as may be required by the contribution rate then in effect. Effective December 31, 1995, compensation in excess of the limitations set forth in section 401(a)(17) of title 26 of the United States Code shall be disregarded for purposes of determining contributions under this section and calculating benefits paid by the public school retirement system of Missouri. The limitation on compensation for eligible employees shall not be less than the amount which was allowed to be taken into account under the system as in effect on July 1, 1993. For this purpose, an "eligible employee" is an individual who was a member of the system before July 1, 1996.

4. The contribution rate shall be three percent for the first year of the system's operation. After the first year of operation the board of trustees shall have authority to fix the level rate of contribution, not to exceed eleven and one-half percent, required for the operation of the system and to make adjustments in such rate as may thereafter be necessary; provided that if the level rate required for operation of the system shall exceed eleven and one-half percent for five consecutive years, all benefits provided herein shall be equitably reduced to such an extent that the rate required for the operation of the system shall be eleven and one-half percent.

5. Regardless of the provisions of any law governing compensation and contracts, every teacher or employee shall be deemed to consent and agree to the deductions provided herein. Payment of salary or compensation less such deduction shall be a full and complete discharge of all salary or compensation claims and demands during the period covered by such payment, except as to the benefits provided under sections 169.010 to 169.141.

169.035. A member may at his option, and under such regulations as the board of trustees may adopt, deposit additional sums in multiples of twenty-five dollars but not to exceed in total in any one year ten percent of the compensation on which contributions were collected during that year. Such deposits, together with interest thereon compounded in the same manner and at the same rate as for his contributions, shall be available to provide at the date of his retirement at net rates based on the actuarial assumptions then in use, a retirement allowance in addition to that provided under section 169.070. In the event of the death of a member before receiving a retirement allowance, the total amount of such accumulated deposits with interest shall be paid to his beneficiary, or to his estate if there be no beneficiary. In the event of the termination of membership before the member receives a retirement allowance, he shall be paid the total amount of such accumulated deposits with interest if he has contributed for more than five years, but without interest if he has contributed for not more than five years. Such deposits may be withdrawn without interest by a member prior to his retirement when he is not terminating his membership, in accordance with regulations of the board of trustees. In case a retired member who is receiving such an additional retirement allowance under this section shall die without having received in additional retirement allowances an amount equal to the amount of his accumulated deposits at retirement, the difference shall be paid to his beneficiary, or to his estate if there be no beneficiary. The option provided by this section shall apply only to members who have elected to begin such deposits before September 1, 1996.

169.050. 1. On and after the effective date of sections 169.010 to 169.140, all employees as herein defined of districts included in the retirement system thereby created shall be members of the system by virtue of their employment, except as provided by section 104.342, RSMo.

2. Any person who becomes a member before the end of the school year next following the date on which the system becomes operative may claim credit for service rendered as an employee in Missouri prior to said operative date, or for service rendered in the armed forces of the United States during a period of war, the same as if he were a teacher, provided he was a teacher in Missouri at the time he was inducted, by filing with the board of trustees, within such time as the board may specify, a complete and detailed record of the service for which credit is claimed, together with such supporting evidence as the board may require for verification of the record. To the extent that the board finds the record correct, it shall credit the claimant with prior service and shall notify him of its decision, but the amount of such credit shall not exceed thirty years.

3. No prior service credit shall be granted to any person who becomes a member after the first year of the system's operation, except as provided in subsection 5 of this section and subsection 2 of section 169.055 unless that person's failure to become a member before or during that year was due either to service in the armed forces of the United States or to attendance at a recognized educational institution for professional improvement; provided, that the board of trustees may grant prior service credit to a teacher who taught prior to August 1, 1945, if the teacher returns to teaching before July 1, 1950, and if such teacher teaches in the public schools of Missouri not less than seven years after returning before retirement, or the board of trustees may grant prior service credit to a teacher who taught prior to August 1, 1945, if the teacher returns to teaching and teaches at least one-half of the number of years between July 1, 1946, and age sixty but not less than seven years after returning before retirement, except that a member who will have thirty-five or more years of teaching service in Missouri at retirement shall be required to teach not less than three years after returning and before retirement. A person serving in the armed forces of the United States shall have the same right to prior service credit as one who became a member before the end of the first year of the system's operation, if he becomes a member within one year of the date of his discharge from such service or within one year of said date plus time spent as a student in a standard college or university in further preparation for service as a public school employee. A person attending a recognized educational institution for his professional improvement shall have the same right to prior service credit as one who became a member before the end of the first year of the system's operation, if he becomes a member within three years following the date on which the system became operative, and within one year of the date on which his attendance at said institution ceased.

4. Membership shall be terminated by failure of a member to [be] earn any membership service credit as a public school employee under this system for [more than four of any] five consecutive school years, by death, withdrawal of contributions, or retirement.

5. If a member withdraws or is refunded his contributions, he shall thereby forfeit any creditable service he may have; provided, however, if such person again becomes a member of the system, he may elect to reinstate the creditable service forfeited at times of previous withdrawals or refunds. The reinstatement shall be effected by the member's paying to the retirement system with interest the total amount of accumulated contributions withdrawn by him or refunded to him, including all amounts withdrawn or refunded for previously forfeited creditable service which he had applied to reinstate [on or before September 1, 1992,] but for which payment was not made within the prescribed time period[, and by teaching in districts included in the system not less than five years after returning before retirement]; provided, however, that if subsequent to the date such person withdrew his contributions and prior to the time he again becomes a member of the system he served not less than ten years as a member of the general assembly of the state of Missouri, reinstatement of his creditable service shall be effected by his again becoming a member of the system and payment to the system with interest the amount of accumulated contributions withdrawn by him or refunded to him[; provided, however, that reinstatement with respect to eligibility for disability retirement shall be effective after returning and teaching not less than three years in districts included in the system if such teaching makes a total of at least five years taught in such districts]. The payment may be made over a period of not longer than five years from the date of election, or prior to retirement, whichever is earlier, and with interest on the unpaid balance; provided, however, that if a member is retired on disability before completing such payments, the balance due with interest may be deducted from his disability retirement allowance.

169.055. 1. [A member who has rendered service as a teacher outside of this state including service in a public university or who has rendered service in the University of Missouri or Lincoln University after July 1, 1946, if such member is not receiving and is not eligible to receive retirement credit or benefits for such service in any other teacher retirement system, may elect, within ten years after employment in a district included in the system following such service outside of this state, or service in the University of Missouri or Lincoln University, or within ten years from June 19, 1987, and prior to retirement, whichever is later, to purchase equivalent membership service credit but not in excess of ten years, including any creditable service which the member had applied to purchase on or before August 13, 1988, but for which payment was not made within the prescribed time period, with a rate of compensation equal to the initial annual salary rate at which the member is employed by the district. The purchase shall be effected by the member paying to the retirement system with interest the amount the member would have contributed thereto had such person been a member for the number of years for which the person is electing to purchase credit, and had such member's compensation during such period been the same as the annual salary rate at which such person is initially employed in the district, and the contribution rate in effect on the date of election to purchase credit. The payment may be made over a period not longer than the period of membership service credit being purchased, measured from the date of election, and with interest on the unpaid balance. Notwithstanding other provisions of this section, no member may receive any benefit for any period of teaching service outside of this state or in the University of Missouri or Lincoln University which exceeds in length the member's period of membership service in this system subsequent to the date on which the member is employed in a district included in the system following the teaching service outside of this state or in the University of Missouri or Lincoln University for which the member has applied to purchase credit. If any payments are made for a period of service in excess of that for which membership service credit is allowed in accordance with this provision, such excess purchase payments shall be paid to the member at the time of retirement, and with interest from the end of the school year during which such payments were made. An affidavit shall be required stipulating that the member is not presently receiving compensation from another teacher retirement system and will not receive credit in another system for the creditable time purchased. If the member retires or has retired on a disability allowance prior to completing purchase of equivalent membership service for a period of teaching service outside this state and the amount paid in toward the purchase by the member is not used to compute pro rate credit or otherwise enhance benefits received by the member, the entire amount paid by the member, together with interest from the end of the final school year during which the member made payments, shall, upon written request, be refunded to the member in a lump sum payment.

2. A member who taught outside of the state or in the University of Missouri or Lincoln University prior to July 1, 1946, may qualify for not more than five years' equivalent prior service credit, to be granted in accordance with regulations of the board of trustees, if the member purchases equivalent membership service credit for all of such member's allowable service as a teacher outside of this state or in the University of Missouri or Lincoln University after July 1, 1946, but in no event shall all credit granted for teaching service outside of this state be in excess of ten years nor in excess of the actual period of teaching service outside of this state.

3. A member who enters the service of the armed forces of the United States of America who is a teacher in a district included in the system at the time such member is inducted, enlisted, or called to active duty, and who without voluntary reenlistment is reemployed as a teacher within one year after discharge from such service, or within one year of such date plus time spent as a student in a standard college or university in further preparation for service as a public school employee, shall not be subject to the provisions of subsection 4 of section 169.050 with regard to termination of membership because of unemployment as a teacher due to actual service in the armed forces of the United States and such subsequent period spent as a student. Such a member may elect prior to retirement to purchase membership service credit, including any creditable service which such person had applied to purchase on or before September 1, 1980, but for which payment was not made within the prescribed time period, with a rate of compensation the same as the annual salary rate at which the person was employed at the time of induction for the period of service in the armed forces of the United States. The purchase shall be effected by the member paying to the retirement system with interest the amount the member would have contributed thereto had such member been teaching during the period for which such member is electing to purchase credit, and had such member's compensation during such period been the same as the annual salary at the time of this induction, and had the contribution rate as in effect at the date of purchase been in effect at that time. The payment shall be made over a period of not longer than five years, measured from the date of election, and with interest on the unpaid balance if such member is not receiving and is not eligible to receive retirement credit or benefits from any other public school or military retirement system for the years for which membership service credit is being purchased, and a sworn affidavit to this effect has been submitted by such member; and if such member was discharged or separated from the armed forces by other than a dishonorable discharge. In no event may a member receive any benefits for any period of membership service credit purchased which exceeds in length the member's period of membership service in this system.

4. A member who had served in the armed forces of the United States prior to becoming a member, or who is otherwise ineligible under subsection 3 of this section, and who began teaching in a member school system within ten years after such member's discharge under honorable conditions may elect, prior to retirement, to purchase membership service credit equivalent to such service in the armed forces, but not to exceed four years, with a rate of compensation equal to the initial annual salary rate at which the member was employed in the district included in the public school retirement system if such member is not receiving and is not eligible to receive retirement credits or benefits from any other public or private retirement plan for the service to be purchased, and an affidavit so stating is filed by the member with the retirement system. The purchase shall be effected by the member's paying to the retirement system with interest, the total amounts which would have been contributed by the member had such person been a member for the number of years for which such member is electing to purchase credit and had such member's compensation during such period of membership been the same as the annual salary rate at which the member was initially employed as a member of the public school retirement system, with the calculations based on the contribution rate in effect on the date of election to purchase credit. The payment shall be made over a period of not longer than five years, measured from the date of election, and with interest on the unpaid balance. In no event may a member receive any benefits for any period of membership service credit purchased which exceeds in length the member's period of membership service in this system.

5. Any member who has purchased membership credit or equivalent credit in this system for membership service under one of the Missouri retirement systems governed by sections 169.270 to 169.400 or 169.410 to 169.540 and who had served in the armed forces of the United States prior to becoming a member of such other retirement system and who began teaching in the school district under such other retirement system within one year after the member's discharge under honorable conditions may elect prior to retirement to purchase membership service credit equivalent to such service in the armed forces, but not to exceed four years, with a rate of compensation equal to the initial annual salary rate at which the member was initially employed in the district included in the public school retirement system, if such member has not received credit for such military service in this system and such member is not receiving and is not eligible to receive retirement credits or benefits from any other public or private retirement plan for the service to be purchased, and an affidavit so stating is filed by the member with the retirement system. The purchase shall be effected by the member paying to the retirement system with interest, the total amounts which would have been contributed by the member had such person been a member for the number of years for which such member is electing to purchase credit and had such member's compensation during such period of membership been the same as the annual salary rate at which the member was initially employed as a member of the public school retirement system, with the calculations based on the contribution rate in effect on the date of the election to purchase credit. The payment shall be made over a period of not longer than five years, measured from the date of election, and with interest on the unpaid balance. In no event may a member receive any benefits for any period of membership service credit purchased which exceeds in length the member's period of membership service in this system.

6. Any member who entered on active duty in the armed forces no later than the date on which services were to have begun under an employment agreement with a district included in the retirement system in a position entitling such member to membership service credit, and whose total period of active military service that school year would have entitled such member to a year of creditable service had that service been rendered in that position with the district, shall be entitled to purchase a full year of membership credit for the period under the terms of subsection 3, 4, or 5 of this section, but no member shall receive more than one year of creditable service for any school year regardless of the provisions of this subsection.

7. Any former employee of Central Missouri State University who accumulated eight or more years of service under the public school retirement system as established under this chapter, and who has not yet retired under this chapter, may elect, in writing, to:

(1) Become a member of the Missouri state employees' retirement system effective January 1, 1989. Any person who, by virtue of an election made under this subsection, becomes a member of the Missouri state employees' retirement system shall be entitled to creditable prior service for service rendered as an employee of Central Missouri State University. Any person who so elects shall be eligible, upon written request filed with the public school retirement system under sections 169.010 to 169.141, to receive a refund of such person's accumulated contributions for the creditable service, including interest of at least six percent. Upon payment of such refund, the public school retirement system shall pay to the state employees' retirement system on or before June 30, 1989, an amount equal to the amount paid to the public school retirement system on behalf of each member so electing by the member's employer for such service; or

(2) Continue as a member of the appropriate public school retirement system under this chapter. Any person entitled to make the election provided by this subsection who does not make such election, in writing, by December 31, 1988, shall be deemed to have elected to be governed by subdivision (2) of this subsection.

8.] A member who is assigned to a leave of absence by the member's employer, with compensation provided in the contract of employment for the leave period to be not less than fifty percent of the amount which would have been paid had the member not been on leave, may acquire creditable service for the period of leave. [according to one of the following:

(1)] A member may elect to receive credit for the time spent on leave of absence at the time of the leave of absence and shall retain continued membership in the system during the leave period provided the full contributions are withheld and remitted on the basis of the compensation which would have been received if the member had not been on leave of absence and the employer's matching amount is remitted on the basis of the same amount of compensation which would have been paid if the member had not been on leave of absence.[; or

(2) Within two years of August 13, 1988, and prior to retirement a member may elect to purchase credit for the time spent on leave of absence if that leave of absence occurred prior to August 1, 1974. The purchase shall be effected by the member paying to the retirement system the amount that the member would have contributed on the basis of the compensation that the member would have received had such member not been on leave of absence plus the amount equal to what would have been the employer's matching amount plus interest. Payment of the total amount due shall be made at the time of election to purchase the credit.

9. Any former employee of Central Missouri State University who retired under the public school retirement system as established under this chapter may elect in writing to:

(1) Become a member of the Missouri state employees' retirement system effective January 1, 1990. Any person who, by virtue of an election made under this subsection, becomes a member of the Missouri state employees' retirement system shall be entitled to creditable prior service for service rendered as an employee of Central Missouri State University. Any person who so elects shall be eligible, upon written request filed with the public school retirement system under sections 169.010 to 169.141, to receive a refund of accumulated contributions for creditable service, including interest of at least six percent, less the total amount of benefits received to the date of selection. Upon payment of such refund, the public school retirement system shall pay to the state employees' retirement system on or before June 30, 1990, an amount equal to the amount paid to the public school retirement system on behalf of each member so electing by such member's employer for such service; or

(2) Continue as a member of the appropriate public school retirement system under this chapter. Any person entitled to make the election provided by this subsection who does not make such election, in writing, by December 31, 1989, shall be deemed to have elected to be governed by subdivision (2) of this subsection.

10. Any member granted unpaid maternity or paternity leave for a period, from a position covered by the retirement system who returned to employment in such a position within five years of the ending date of the leave period, and who does not have creditable service for the leave period with any other retirement system except the federal social security system, may elect prior to retirement to purchase creditable service for the period of leave. No member may purchase more than four years of creditable service under this subsection. The purchase shall be effected by the member paying to the system, with interest, an amount equal to the total contributions which would have been made by the member and the school district at the contribution rate then in effect had the member continued in service in the position during the period of leave at the same salary rate. Payment of the total amount due shall be made within two years of the date of election to purchase the creditable service, or prior to retirement, whichever is earlier.

11. Notwithstanding any provision of law to the contrary, any member of a retirement system established under the provisions of sections 169.010 to 169.141, who is or was certified as a vocational-technical teacher on the basis of having a college degree and who was required to have a period of work experience of at least two years in the area of the subject being taught in order to qualify for such certification may, upon written application to the board, purchase equivalent creditable service for such work experience which shall not exceed the two years necessary for certification if the work experience was in the area that the member taught or is teaching and was completed in two years. Such credit may be purchased at any time prior to retirement, if the member is not receiving and is not eligible to receive retirement credit or benefits for such service in any other public retirement system, by the member paying to the retirement system, with interest, the amount the member would have contributed and the amount the school district would have contributed thereto had such member been a member for the number of years for which such member is electing to purchase credit, and had the member's compensation during such period been the same as the annual salary rate at which such member is initially employed after completion of vocational-technical experience in a position requiring membership in the retirement system, and at the contribution rate in effect on the date of the election to purchase credit. The payment may be made over a period not longer than the period of membership service credit being purchased, measured from the date of election, and with interest on the unpaid balance.

12.] 2. Notwithstanding any provision of this chapter to the contrary, any person employed as of August 28, 1993, by the department of elementary and secondary education whose employment is covered by the retirement system provided by sections 169.010 to 169.141, and who without terminating that employment subsequently becomes a part-time employee of that department in a position requiring services for at least twenty hours per week on a regular basis, may elect within ninety days of August 28, 1993, or within ninety days of the date upon which the part-time employment begins, whichever is later, to be covered by that retirement system and shall receive pro rate creditable service with that retirement system for such part-time employment. Credit shall not be allowable in both that retirement system and another Missouri public retirement system for such employment.

[13. Any member who had creditable service for membership service with the nonteacher school employee retirement system governed by sections 169.600 to 169.715 as a certificated employee under the law governing the certification of teachers but which creditable service was forfeited by withdrawal or refund, may elect within five years of August 28, 1993, or within five years of entry into membership in this system, whichever is later, but prior to retirement, to purchase credit for such service and receive pro rate credit not to exceed a total of ten years in this system for the service. The purchase shall be effected by the member paying to the system, with interest, the amount the member would have contributed thereto had such person been a member of this system during the periods for which such person is electing to purchase credit, had such member's annual salary rate during such periods been the same as the annual salary rate at which the member was initially employed in this system following the service being purchased or the annual salary rate the member would have received had that initial employment been for full-time service, whichever is greater, and had the contribution rate in effect at the date of election been in effect during the periods of service being purchased. The payment shall be made over a period of not longer than five years, measured from the date of the election, but before retirement, and with interest on the unpaid balance. No credit shall be allowed under this subsection which exceeds in length the member's credit for service in a position covered by this system, and in no event may the member receive credit with both this system and the nonteacher school employee retirement system for the same service.]

169.056. [1. As used in this section, the term "private school" means a school which is not a part of the public school system of this state and which charges tuition for the rendering of elementary and secondary educational services.

2. A member having membership service in the retirement system provided by sections 169.010 to 169.141, after the member was employed by a private school on a full-time basis and duly certified under the law governing the certification of teachers during all of such employment, may elect to purchase membership credit for service rendered to the private school, but not to exceed three years. The purchase allowed by this section shall be effected by the member paying to the retirement system with interest an amount based on the annual salary rate of the member's initial employment after private school employment in the public school district under the system in which credit is being purchased and the contribution rate in effect in that system at the date of the election to purchase credit. Such payments shall include any payments that would have been made by the employer of the member during the period for which creditable service is being purchased, for each year of creditable service being purchased, plus interest at the rates fixed by the board of trustees. The purchase allowed by this section shall be effected before retirement of the member, and may be paid in installments over a period not to exceed five years. The purchase allowed by this section shall be subject to all rules and regulations of the board of trustees.] 1. Members who have accrued at least one year of membership service credit for employment in a position covered by this system may purchase membership service credit under the circumstances, terms and conditions provided in this section. With respect to each such purchase authorized by this section the following provisions apply:

(1) The purchase shall be effected by the member's paying to the retirement system with interest, the amount the member would have contributed and the amount the employer would have contributed had such member been an employee for the number of years for which the member is electing to purchase credit, and had the member's compensation during such period been the same as the annual salary rate at which the member is first employed in a position qualifying for membership in the retirement system after the period being purchased. For purposes of this section annual salary rate shall mean the annual salary rate for full-time service for the position of employment. The contribution rate used in determining the amount to be paid shall be the contribution rate in effect on the date of election to purchase credit. The interest rate used in determining the amount to be paid shall be the actuarially assumed rate of return on invested funds of the system in effect at the date of election to purchase credit;

(2) Payment shall be made over a period not longer than the period of membership service credit being purchased, measured from the date of election, and with interest on the unpaid balance;

(3) Membership service credit purchased pursuant to this section shall be deemed to be membership service in Missouri for purposes of subsection 7 of section 169.020;

(4) An election to purchase membership service credit pursuant to this section and payment for the purchase must be completed prior to retirement;

(5) Members may purchase membership service credit in increments of one-tenth of a year, and multiple elections to purchase may be made;

(6) Additional terms and conditions applicable to purchases made pursuant to this section including, but not limited to, minimum payments, payment schedules and provisions applicable when a member fails to complete payment may be set by rules of the board.

2. Membership service credit shall not be allowed under this section which exceeds in length the member's membership service credit for employment in a position covered by this system, and in no event may the member receive membership service credit with both this system and another public retirement plan, as defined in section 105.660, RSMo, for the same service.

3. A member who has rendered service as a teacher outside of this state including service in a public university or who has rendered service in the University of Missouri or Lincoln University after July 1, 1946, if such member is not receiving and is not eligible to receive retirement credit or benefits for such service in any other teacher retirement system, may elect prior to retirement to purchase equivalent membership service credit but not in excess of ten years. An affidavit shall be required stipulating that the member is not presently receiving compensation from another teacher retirement system and will not receive credit in another system for the creditable time purchased.

4. (1) A member who enters the service of the armed forces of the United States of America who is an employee in a district included in the system at the time such member is inducted, enlisted, or called to active duty, and who without voluntary reenlistment becomes an employee in a district within one year after discharge from such service shall not be subject to the provisions of subsection 4 of section 169.050 with regard to termination of membership due to the period of actual service in the armed forces of the United States. Such a member may elect prior to retirement to purchase membership service credit for the entire period of service in the armed forces of the United States, but not to exceed five years. The purchase may be made only if the member was discharged or separated from the armed forces by other than a dishonorable discharge.

(2) A member who had served in the armed forces of the United States prior to becoming a member, and who becomes employed in a position qualifying for membership in the retirement system within five years after such member's discharge under honorable conditions may elect, prior to retirement, to purchase membership service credit for the entire period of service in the armed forces, but not to exceed five years.

5. Any member granted unpaid maternity or paternity leave for a period, from a position covered by the retirement system, who returned to employment in such a position within five years of the ending date of the leave period, and who does not have creditable service for the leave period with any other retirement system except the federal social security system, may elect prior to retirement to purchase membership service credit for the period of leave. No member may purchase more than four years of membership service credit under this subsection.

6. Any member who is or was certified as a vocational-technical teacher on the basis of having a college degree and who was required to have a period of work experience of at least two years in the area of the subject being taught in order to qualify for such certification may, upon written application to the board, purchase equivalent membership service credit for such work experience which shall not exceed the two years necessary for certification if the work experience was in the area that the member taught or is teaching and was completed in two years.

7. Any member who had membership service credit with the nonteacher school employee retirement system of Missouri governed by sections 169.600 to 169.175 as a certificated employee under the law governing the certification of teachers but which membership service credit was forfeited by withdrawal or refund, may elect prior to retirement, to purchase credit for such service and receive pro rata credit not to exceed a total of ten years in this system for the service.

8. A member may elect to purchase membership service credit for service rendered while on leave from an employer, as defined in section 169.010, for a not-for-profit corporation or agency whose primary purpose is support of education or education research, not to exceed two years; provided the member is not receiving and is not eligible to receive retirement benefits from any other retirement system for the years for which membership service credit is being purchased and provided the member has returned to service for at least one year as an employee of the employer that granted the leave.

9. A member having membership service credit in the retirement system provided by sections 169.010 to 169.141, after the member was employed by a private school on a full-time basis and duly certified under the law governing the certification of teachers during all of such employment, may elect to purchase membership service credit for service rendered to the private school, but not to exceed three years. As used in this subsection, the term "private school" means a school which is not a part of the public school system of this state and which charges tuition for the rendering of elementary and secondary educational services.

[169. 057. A membe r havin g membe rship servi ce in the retir ement syste m provi ded by secti ons 169.0 10 to 169.1 30 may elect to purch ase credi table servi ce for servi ce rende red while on leave from an emplo yer, as defin ed in secti on 169.0 10, for a not for profi t corpo ratio n or agenc y whose prima ry purpo se is suppo rt of educa tion or educa tion resea rch, not to excee d two years ; provi ded the membe r is not recei ving and is not eligi ble to recei ve retir ement benef its from any other retir ement syste m for the years for which credi table servi ce is being purch ased and provi ded the membe r has retur ned to servi ce for at least one year as an emplo yee of the emplo yer that grant ed the leave . The cost for such purch ase shall be deter mined in the same manne r as for servi ce purch ased under secti on 169.0 56.]< p>

169.0 75. 1. Certa in survi vors speci fied in this secti on and meeti ng the requi remen ts hereo f may elect to forfe it any payme nts payab le under subse ction 3 or 5 of secti on 169.0 70 and to recei ve certa in other benef its descr ibed in this secti on upon the death of a membe r prior to retir ement , excep t retir ement with disab ility benef its, whose perio d of credi table servi ce in distr icts inclu ded in the retir ement syste m is two years or more and who dies (a) while teach ing in a distr ict inclu ded in the retir ement syste m, or (b) as a resul t of an injur y or sickn ess incur red while teach ing in such a distr ict and withi n one year of the comme nceme nt of such injur y or sickn ess, or (c) while eligi ble for a disab ility retir ement allow ance hereu nder.

2. Upon an elect ion pursu ant to subse ction 1 of this secti on, a survi ving spous e sixty years of age, or upon attai nment of age sixty , or a survi ving spous e who has been total ly and perma nentl y disab led for not less than five years immed iatel y prece ding the death of a membe r if desig nated as the sole benef iciar y, and if marri ed to the membe r at least three years , and if livin g with such membe r at the time of his death , and if not remar ried subse quent to the membe r's death , shall be entit led to a month ly payme nt equal to twent y perce nt of one-t welft h of the annua l salar y rate on which the membe r contr ibute d for his last full year of credi table servi ce as a teach er in a distr ict inclu ded in the retir ement syste m until death or recov ery prior to age sixty from the disab ility which quali fied the spous e for the benef it, which ever first shall occur ; provi ded that the month ly payme nt shall not be less than four hundr ed dolla rs or more than six hundr ed dolla rs. A survi ving spous e, who is eligi ble for benef its under this subse ction and also under subse ction 3 of this secti on may recei ve benef its only under subse ction 3 of this secti on as long as the survi ving spous e remai ns eligi ble under both subse ction s, but shall not be disqu alifi ed for the benef it provi ded in this subse ction becau se the survi ving spous e may have recei ved payme nts under subse ction 3 of this secti on.

3. Upon an elect ion pursu ant to subse ction 1 of this secti on, a survi ving spous e, if desig nated as the sole benef iciar y, who has in the survi ving spous e's care a depen dent unmar ried child , inclu ding a stepc hild or adopt ed child , of the decea sed membe r, under eight een years of age, shall be entit led to a month ly payme nt equal to twent y perce nt of one-t welft h of the annua l salar y rate on which the membe r contr ibute d for the membe r's last full year of credi table servi ce as a teach er in a distr ict inclu ded in the retir ement syste m until the survi ving spous e's death , or the first date when no such depen dent unmar ried child under age eight een remai ns in the survi ving spous e's care, which ever first shall occur ; provi ded that the month ly payme nt shall not be less than four hundr ed dolla rs or more than six hundr ed dolla rs. In addit ion the survi ving spous e shall be entit led to a month ly payme nt equal to one-h alf this amoun t for each such depen dent unmar ried child under eight een years of age who remai ns in the survi ving spous e's care. Furth er, in addit ion to the month ly payme nt to the survi ving spous e as provi ded for in this subse ction , each depen dent unmar ried child under the age of eight een years of the decea sed membe r not in the care of such survi ving spous e shall be entit led to a month ly payme nt equal to one-h alf of the survi ving spous e's month ly payme nt which shall be paid to the child 's prima ry custo dial paren t or legal guard ian; provi ded that the payme nt becau se of an unmar ried depen dent child shall be made until the child attai ns age twent y-two if the child is enrol led in schoo l on a full- time basis ; provi ded, howev er, that the total of all month ly payme nts to the survi ving spous e, prima ry custo dial paren t or legal guard ian, inclu ding payme nts for such depen dent unmar ried child ren, shall in no event excee d one thous and five hundr ed dolla rs, the amoun t of the child ren's share to be alloc ated equal ly as to each depen dent unmar ried child under eight een years of age.< p> 4. Upon an elect ion pursu ant to subse ction 1 of this secti on if the desig nated benef iciar y is a depen dent unmar ried child as defin ed in this secti on or autom atica lly upon the death of a survi ving spous e recei ving benef its under subse ction 3 of this secti on, each survi ving depen dent unmar ried child , inclu ding a stepc hild or adopt ed child , of the decea sed membe r, under eight een years of age, or such a child under age twent y-two if the child is enrol led in schoo l on a full- time basis , shall be entit led to a month ly payme nt equal to sixte en and two-t hirds perce nt of one-t welft h of the annua l salar y rate on which the membe r contr ibute d for the membe r's last full year of credi table servi ce as a teach er in a distr ict inclu ded in the retir ement syste m until death , marri age, adopt ion, or attai nment of age eight een or age twent y-two if enrol led in schoo l on a full- time basis , which ever first shall occur ; provi ded that the month ly payme nt shall not be less than three hundr ed fifty dolla rs or more than five hundr ed dolla rs, and provi ded furth er that any child of the decea sed membe r who is disab led befor e attai nment of age eight een becau se of a physi cal or menta l impai rment which rende rs the child unabl e to engag e in any subst antia l gainf ul activ ity and which disab ility conti nues after the child has attai ned age eight een shall be entit led to a like month ly payme nt, until death , marri age, adopt ion, or recov ery from the disab ility , which ever first shall occur ; provi ded, howev er, that the total of all month ly payme nts to the survi ving depen dent unmar ried child ren shall in no event excee d one thous and five hundr ed dolla rs.

5. Upon an elect ion pursu ant to subse ction 1 of this secti on, a survi ving depen dent paren t of the decea sed membe r, over sixty -five years of age or upon attai nment of age sixty -five if desig nated as the sole benef iciar y, provi ded such depen dent paren t was recei ving at least one-h alf of the paren t's suppo rt from such membe r at the time of the membe r's death and provi ded the paren t files proof of such suppo rt withi n two years of such death , shall be entit led to a month ly payme nt equal to sixte en and two-t hirds perce nt of one-t welft h of the annua l salar y rate on which the membe r contr ibute d for the membe r's last full year as a teach er in a distr ict inclu ded in the retir ement syste m until death ; provi ded that the month ly payme nt shall not be less than three hundr ed fifty dolla rs or more than five hundr ed dolla rs. If the other paren t also is a depen dent, as defin ed herei n, the same amoun t shall be paid to each until death .

6. All else herei n to the contr ary notwi thsta nding , a survi vor may not be eligi ble to benef it under this secti on becau se of more than one termi nated membe rship , and be it furth er provi ded that the board of trust ees shall deter mine and decid e all quest ions of doubt as to what const itute s depen dency withi n the meani ng of this secti on.

7. The provi sions added to subse ction 3 of this secti on in 1991, other than the provi sions incre asing dolla r limit ation s, are inten ded to clari fy the scope and meani ng of this secti on as origi nally enact ed and shall be appli ed in all cases in which such an elect ion has occur red or will occur .

8. The syste m shall pay a month ly retir ement allow ance [to the benef iciar y desig nated by the retir ed membe r, or to the retir ed membe r's estat e if there is no benef iciar y] for the month in which a retir ed membe r recei ving a retir ement allow ance dies.

169.5 60. Any perso n retir ed and curre ntly recei ving a retir ement allow ance under secti ons 169.0 10 to 169.1 41, other than for disab ility , may be emplo yed in any capac ity in a distr ict inclu ded in the retir ement syste m creat ed by those secti ons on eithe r a part- time or tempo rary- subst itute basis not to excee d a total of five hundr ed fifty hours in any one schoo l year, witho ut a disco ntinu ance of the perso n's retir ement allow ance. Such a perso n shall not contr ibute to the retir ement syste m, or to the nonte acher schoo l emplo yee retir ement syste m estab lishe d in secti ons 169.6 00 to 169.7 15, becau se of earni ngs durin g such perio d of emplo yment . If such a perso n is emplo yed in any capac ity by such a distr ict on a regul ar, full- time basis , the perso n shall not be eligi ble to recei ve the perso n's retir ement allow ance for any month durin g which the perso n is so emplo yed and shall contr ibute to the retir ement syste m.

169.5 89. 1. A membe r of the syste m estab lishe d by secti ons 169.0 10 to 169.1 41 or secti ons 169.6 00 to 169.7 15 who enter s the unifo rmed servi ces of the Unite d State s of Ameri ca, and who is reemp loyed pursu ant to the Unifo rmed Servi ces Emplo yment and Reemp loyme nt Right s Act of 1994, or any subse quent revis ions, shall be deeme d to have been an emplo yee for purpo ses of vesti ng and becau se of quali fying servi ce in the unifo rmed servi ces of the Unite d State s shall not be subje ct to the provi sions of subse ction 4 of secti on 169.0 50 or subse ction 3 of secti on 169.6 50 with regar d to termi natio n of membe rship . In addit ion, such a membe r may elect withi n the perio d allow ed by the Unifo rmed Servi ces Emplo yment and Reemp loyme nt Right s Act of 1994 to pay the contr ibuti ons the membe r would have paid but for servi ce in the unifo rmed servi ces. Upon compl eting payme nt the membe r shall be entit led at retir ement to payme nt of benef its based on the perio d of servi ce. When a membe r has elect ed to make contr ibuti ons as descr ibed in this secti on, the schoo l distr ict reemp loyin g the membe r shall pay the emplo yer contr ibuti ons it would have paid with respe ct to the indiv idual , with inter est. The board of trust ees of the retir ement syste m may adopt rules for admin istra tion of this secti on consi stent with the Unifo rmed Servi ces Emplo yment and Reemp loyme nt Right s Act of 1994.

2. For the purpo ses of chapt er 169, "disc harge from the armed force s" shall mean the final date of disch arge and shall not mean the last day of activ e duty.

169.6 20. 1. The funds requi red for the opera tion of the retir ement syste m creat ed by secti ons 169.6 00 to 169.7 15 shall come from contr ibuti ons made in equal amoun ts by emplo yees as herei n defin ed and their emplo yers, begin ning Novem ber 1, 1965, and from such inter est or incom e as may be deriv ed from the inves tment of funds of the syste m. All contr ibuti ons shall be trans mitte d to the board of trust ees by emplo yers in such manne r and at such times as the board by rule shall requi re. Th e board by its rules may estab lish an inter est charg e to be paid by the emplo yer on any payme nts of contr ibuti ons which are delin quent . The rate charg ed shall not excee d the actua riall y assum ed rate of retur n on inves ted funds of the syste m.

2. For each schoo l year follo wing the date on which the syste m becom es opera tive, each and every emplo yer of one or more perso ns who are membe rs of the syste m shall trans mit to the board of trust ees, in the manne r and accom panie d by such suppo rting data as the board shall presc ribe, twice the amoun t that is deduc tible from the pay of such emplo yee or emplo yees durin g the schoo l year. Failu re or refus al to trans mit such amoun t as requi red shall rende r the perso n or perso ns respo nsibl e there for indiv idual ly liabl e for twice the amoun t so withh eld. Suits for the recov ery of amoun ts for which indiv idual s are thus rende red liabl e shall be insti tuted and prose cuted by the board of trust ees in the name of the retir ement syste m. In addit ion to such civil penal ty, and not in lieu there of, any perso n or perso ns made respo nsibl e for the remit tance of contr ibuti ons who shall willf ully and knowi ngly fail or refus e to trans mit such contr ibuti ons or any part there of to the board of trust ees shall be deeme d guilt y of a misde meano r and, upon convi ction there of, shall be punis hed by a fine of not less than twent y-fiv e dolla rs and not more than two hundr ed dolla rs. Each day such perso n or perso ns shall so fail or refus e to trans mit such contr ibuti ons shall be deeme d a separ ate offen se. The board of trust ees may reque st the emplo yer to provi de the infor matio n neces sary to admin ister the syste m and to advis e each membe r of his statu s.

3. The contr ibuti ons of membe rs of the retir ement syste m shall be colle cted by their emplo yers throu gh appro priat e deduc tions from paych ecks. The total amoun t deduc ted from the paych ecks of membe rs durin g any schoo l year shall equal such a perce nt of their salar y rates as may be requi red by the contr ibuti on rate then in effec t. For contr ibuti on purpo ses any annua l salar y rate less than one thous and two hundr ed dolla rs shall be regar ded as one thous and two hundr ed dolla rs. Effec tive Decem ber 31, 1995, compe nsati on in exces s of the limit ation s set forth in secti on 401(a )(17) of title 26 of the Unite d State s Code shall be disre garde d for purpo ses of deter minin g contr ibuti ons under this secti on and calcu latin g benef its paid by the nonte acher schoo l emplo yee retir ement syste m of Misso uri. The limit ation on compe nsati on for eligi ble emplo yees shall not be less than the amoun t which was allow ed to be taken into accou nt under the syste m as in effec t on July 1, 1993. For the purpo se of this subse ction , an "elig ible emplo yee" is an indiv idual who was a membe r of the syste m befor e July 1, 1996.

4. The contr ibuti on rate shall be three perce nt of earni ngs until July 1, 1982. After July 1, 1982, the board of trust ees is autho rized to fix the level rate of contr ibuti on, which shall not excee d four and one-h alf perce nt, requi red for the opera tion of the syste m and to make adjus tment s in such rate as may there after be neces sary; provi ded that, if the level rate requi red for the opera tion of the syste m shall excee d four and one-h alf perce nt for five conse cutiv e years , all benef its herei n provi ded shall be equit ably reduc ed to such an exten t that the rate requi red for the opera tion of the syste m shall be four and one-h alf perce nt.

5. Regar dless of the provi sions of any law gover ning compe nsati on and contr acts, every emplo yee shall be deeme d to conse nt and agree to the deduc tions provi ded herei n. Payme nt of salar y or compe nsati on less such deduc tion shall be a full and compl ete disch arge of all salar y or compe nsati on claim s and deman ds durin g the perio d cover ed by such payme nt, excep t as to the benef its provi ded under secti ons 169.6 00 to 169.7 15.

6. A perso n servi ng as an emplo yee as defin ed in secti on 169.6 00, who becam e a membe r after Novem ber 1, 1965, and befor e July 1, 1974, and who was regul arly emplo yed to serve for twent y or more hours per week at some time durin g the perio d Novem ber 1, 1965, to July 1, 1974, may recei ve membe rship servi ce credi t for such servi ce by payin g into the syste m the amoun t, with inter est at such rate as may be set by the board withi n the limit s set by law for inter est rates , the perso n would have contr ibute d had the perso n been eligi ble for membe rship .

7. Any membe r who rende red servi ce as an emplo yee as defin ed in secti on 169.6 00 for a junio r colle ge distr ict at any time betwe en Octob er 31, 1965, and the effec tive date of an agree ment betwe en the junio r colle ge and the board of trust ees as provi ded in secti on 169.6 00 may elect to purch ase membe rship servi ce credi t for that servi ce. The elect ion shall inclu de all servi ce for which the membe r is eligi ble to purch ase credi t, and shall be made withi n five years of Augus t 28, 1991, or withi n five years of the date on which membe rship in the syste m is estab lishe d follo wing the servi ce, which ever is later , and prior to retir ement . The purch ase shall be effec ted by the membe r's payin g to the syste m with inter est, and withi n the time perio d allow ed by law for the elect ion, the contr ibuti ons which would have been deduc ted from the emplo yee's salar y had the emplo yee been a membe r durin g the perio d or perio ds of such servi ce, and had the contr ibuti on rate in effec t at the date of elect ion been in effec t at the time the servi ce was rende red. Other provi sions of law to the contr ary notwi thsta nding , no membe rship credi t shall be allow ed under the provi sions of this secti on which excee ds in lengt h the membe r's credi table servi ce for emplo yment rende red after Octob er 31, 1965.

169.6 30. 1. All funds arisi ng from the opera tion of secti ons 169.6 00 to 169.7 15 shall belon g to the retir ement syste m herei n creat ed and shall be contr olled by the board of trust ees and that board shall provi de for the colle ction of these funds , see that they are safel y prese rved, and shall permi t their disbu rseme nt only for the purpo ses herei n autho rized . These funds are decla red and shall be deeme d to be the money s and funds of this retir ement syste m and not gener al funds of the state and shall not be commi ngled with any state funds or other retir ement funds , excep t that the funds may be combi ned with the funds of the publi c schoo l retir ement syste m of Misso uri solel y for the purpo se of inves ting the funds , but the funds of each syste m shall be accou nted for separ ately and for all other purpo ses shall be separ ate.

2. The board shall inves t all funds under its contr ol which are in exces s of a safe opera ting balan ce. The inves tment shall be made only in secur ities autho rized and under the same stand ards set for inves tment by secti on 169.0 40.

3. No inves tment trans actio n autho rized by the board shall be handl ed by any compa ny or firm in which a membe r of the board has an inter est, nor shall any membe r of the board profi t direc tly or indir ectly from any such inves tment . All inves tment s shall be made for the accou nt of the retir ement syste m, and any secur ities or other prope rties obtai ned by the board of trust ees may be held by a custo dian in the name of the retir ement syste m, or in the name of a nomin ee in order to facil itate the exped itiou s trans fer of such secur ities or other prope rty. Such secur ities or other prope rties which are not avail able in regis tered form may be held in beare r form or in book entry form. The retir ement syste m is furth er autho rized to depos it, or have depos ited for its accou nt, eligi ble secur ities in a centr al depos itory syste m or clear ing corpo ratio n or in a feder al reser ve bank under a book entry syste m as defin ed in the Unifo rm Comme rcial Code, secti ons 400.8 -102 and 400.8 -108, RSMo. When such eligi ble secur ities of the retir ement syste m are so depos ited with a centr al depos itory syste m, the secur ities may be merge d and held in the name of the nomin ee of such secur ities depos itory and title to such secur ities may be trans ferre d by bookk eepin g entry on the books of such secur ities depos itory or feder al reser ve bank witho ut physi cal deliv ery of the certi ficat es or docum ents repre senti ng such secur ities .

4. With appro priat e safeg uards again st loss by the syste m in any conti ngenc y, the board may desig nate a bank or trust compa ny to serve as a depos itory of syste m funds and inter media ry in the inves tment of those funds and payme nt of syste m oblig ation s.

169.6 50. 1. On and after Octob er 13, 1965, all emplo yees as herei n defin ed of distr icts inclu ded in this retir ement syste m shall be membe rs of the syste m by virtu e of their emplo yment , and all perso ns who had five years of prior servi ce who were emplo yees of distr icts inclu ded in secti ons 169.6 00 to 169.7 10 durin g the schoo l year next prece ding Octob er 13, 1965, but who cease d to be emplo yees prior to Octob er 13, 1965, becau se of physi cal disab ility , shall be membe rs of this syste m by virtu e of that prior servi ce.

2. Any membe r who rende red servi ce prior to Novem ber 1, 1965, as an emplo yee as defin ed in secti on 169.6 00 in a distr ict or junio r colle ge distr ict inclu ded in the syste m may claim credi t for that servi ce by filin g with the board of trust ees a compl ete and detai led recor d of the servi ce for which the credi t is claim ed, toget her with such suppo rting evide nce as the board may requi re for verif icati on of the recor d. To the exten t that the board finds the recor d corre ct, it shall credi t the claim ant with prior servi ce and shall notif y him of its decis ion.< p> 3. Membe rship shall be termi nated by failu re of a membe r to [be] ea rn any membe rship servi ce credi t as a publi c schoo l emplo yee under this syste m for [more than four of any] five conse cutiv e sc hool< /b> years , by death , withd rawal of contr ibuti ons, or retir ement .

4. If a membe r withd raws or is refun ded his contr ibuti ons, he shall there by forfe it any credi table servi ce he may have; provi ded, howev er, if such perso n again becom es a membe r of the syste m, he may elect prior to retir ement to reins tate any credi table servi ce forfe ited at the time of withd rawal or refun d, inclu ding all payme nts withd rawn or refun ded for previ ously forfe ited credi table servi ce which he had appli ed to reins tate but for which payme nt was not made withi n the presc ribed time perio d . The reins tatem ent shall be effec ted by the membe r's payin g to the retir ement syste m, with inter est, the amoun t of accum ulate d contr ibuti ons withd rawn by him or refun ded to him at the time of withd rawal or refun d [and by servi ng as an emplo yee for not less than five years after retur ning befor e retir ement ; provi ded, howev er, that reins tatem ent with respe ct to eligi bilit y for disab ility retir ement shall be effec tive after retur ning and servi ng not less than two years as an emplo yee if such servi ce makes a total of at least five years serve d]. The payme nt may be made over a perio d not to excee d five years from the date of elect ion and with inter est on the unpai d balan ce; provi ded, howev er, that if a membe r is retir ed on disab ility befor e compl eting such payme nts, the balan ce due, with inter est, shall be deduc ted from his disab ility retir ement allow ance.

169.6 55. [A membe r havin g membe rship servi ce in the retir ement syste m provi ded by secti ons 169.6 00 to 169.7 15 may elect to purch ase credi table servi ce for servi ce rende red while on leave from an emplo yer, as defin ed in secti on 169.6 00, for a not for profi t corpo ratio n or agenc y whose prima ry purpo se is suppo rt of educa tion or educa tion resea rch, but not to excee d two years ; provi ded the membe r is not recei ving and is not eligi ble to recei ve retir ement benef its from any other retir ement syste m for the years for which credi table servi ce is being purch ased and provi ded the membe r has retur ned to servi ce for at least one year as an emplo yee of the emplo yer that grant ed the leave . The cost for such purch ase shall be deter mined in the same manne r as for servi ce purch ased under secti on 169.0 56.] 1. Membe rs who have accru ed at least one year of membe rship servi ce credi t for emplo yment in a posit ion cover ed by this syste m may purch ase membe rship servi ce credi t under the circu mstan ces, terms and condi tions provi ded in this secti on. With respe ct to each such purch ase autho rized by this secti on the follo wing provi sions apply :

(1) The purch ase shall be effec ted by the membe r's payin g to the retir ement syste m with inter est, the amoun t the membe r would have contr ibute d and the amoun t the emplo yer would have contr ibute d had such membe r been an emplo yee for the numbe r of years for which the membe r is elect ing to purch ase credi t, and had the membe r's compe nsati on durin g such perio d been the same as the annua l salar y rate at which the membe r is first emplo yed in a posit ion quali fying for membe rship in the retir ement syste m after the perio d being purch ased. The contr ibuti on rate used in deter minin g the amoun t to be paid shall be the contr ibuti on rate in effec t on the date of elect ion to purch ase credi t. The inter est rate used in deter minin g the amoun t to be paid shall be the actua riall y assum ed rate of retur n on inves ted funds of the syste m in effec t at the date of elect ion to purch ase credi t;

(2) Payme nt shall be made over a perio d not longe r than the perio d of membe rship servi ce credi t being purch ased, measu red from the date of elect ion, and with inter est on the unpai d balan ce;

(3) Membe rship servi ce credi t purch ased pursu ant to this secti on shall be deeme d to be membe rship servi ce as defin ed in subse ction 10 of secti on 169.6 00;

(4) An elect ion to purch ase membe rship servi ce credi t pursu ant to this secti on and payme nt for the purch ase must be compl eted prior to retir ement ;

(5) Membe rs may purch ase membe rship servi ce credi t in incre ments of one-t enth of a year, and multi ple elect ions to purch ase may be made;

(6) Addit ional terms and condi tions appli cable to purch ases made pursu ant to this secti on inclu ding, but not limit ed to, minim um payme nts, payme nt sched ules and provi sions appli cable when a membe r fails to compl ete payme nt may be set by rules of the board .

2. Membe rship servi ce credi t shall not be allow ed under this secti on which excee ds in lengt h the membe r's membe rship servi ce credi t for emplo yment in a posit ion cover ed by this syste m, and in no event may the membe r recei ve membe rship servi ce credi t with both this syste m and anoth er publi c retir ement plan, as defin ed in secti on 105.6 60, RSMo, for the same servi ce.

3. A membe r who has rende red servi ce as an emplo yee for at least twent y hours per week for a publi c schoo l distr ict outsi de of this state inclu ding servi ce in a publi c unive rsity or who has rende red servi ce in the Unive rsity of Misso uri or Linco ln Unive rsity after Novem ber 1, 1965, if such membe r is not recei ving and is not eligi ble to recei ve retir ement credi t or benef its for such servi ce in any other schoo l emplo yee retir ement syste m, may elect prior to retir ement to purch ase equiv alent membe rship servi ce credi t but not in exces s of ten years . An affid avit shall be requi red stipu latin g that the membe r is not prese ntly recei ving compe nsati on from anoth er schoo l emplo yee retir ement syste m and will not recei ve credi t in anoth er syste m for the credi table time purch ased.

4. (1) A membe r who enter s the servi ce of the armed force s of the Unite d State s of Ameri ca who is an emplo yee in a distr ict inclu ded in the syste m at the time such membe r is induc ted, enlis ted, or calle d to activ e duty, and who witho ut volun tary reenl istme nt becom es an emplo yee in a distr ict withi n one year after disch arge from such servi ce shall not be subje ct to the provi sions of subse ction 3 of secti on 169.6 50 with regar d to termi natio n of membe rship due to the perio d of actua l servi ce in the armed force s of the Unite d State s. Such a membe r may elect prior to retir ement to purch ase membe rship servi ce credi t for the entir e perio d of servi ce in the armed force s of the Unite d State s, but not to excee d five years . The purch ase may be made only if the membe r was disch arged or separ ated from the armed force s by other than a disho norab le disch arge.

(2) A membe r who had serve d in the armed force s of the Unite d State s prior to becom ing a membe r, and who becom es emplo yed in a posit ion quali fying for membe rship in the retir ement syste m withi n five years after such membe r's disch arge under honor able condi tions may elect , prior to retir ement , to purch ase membe rship servi ce credi t for the entir e perio d of servi ce in the armed force s, but not to excee d five years .

5. Any membe r grant ed unpai d mater nity or pater nity leave for a perio d, from a posit ion cover ed by the retir ement syste m, who retur ned to emplo yment in such a posit ion withi n five years of the endin g date of the leave perio d, and who does not have credi table servi ce for the leave perio d with any other retir ement syste m excep t the feder al Socia l Secur ity syste m, may elect prior to retir ement to purch ase membe rship servi ce credi t for the perio d of leave . No membe r may purch ase more than four years of membe rship servi ce credi t under this subse ction .

6. Any membe r who is or was certi fied as a vocat ional -tech nical teach er on the basis of havin g a colle ge degre e and who was requi red to have a perio d of work exper ience of at least two years in the area of the subje ct being taugh t in order to quali fy for such certi ficat ion may, upon writt en appli catio n to the board , purch ase equiv alent membe rship servi ce credi t for such work exper ience which shall not excee d the two years neces sary for certi ficat ion if the work exper ience was in the area that the membe r taugh t or is teach ing and was compl eted in two years .

7. Any membe r who had membe rship servi ce credi t with the publi c schoo l retir ement syste m of Misso uri gover ned by secti ons 169.0 10 to 169.1 41 but which membe rship servi ce credi t was forfe ited by withd rawal or refun d, may elect prior to retir ement , to purch ase credi t for such servi ce and recei ve pro rata credi t not to excee d a total of ten years in this syste m for the servi ce.

8. A membe r may elect to purch ase membe rship servi ce credi t for servi ce rende red while on leave from an emplo yer, as defin ed in secti on 169.6 00, for a not-f or-pr ofit corpo ratio n or agenc y whose prima ry purpo se is suppo rt of educa tion or educa tion resea rch, not to excee d two years if the membe r was emplo yed by that organ izati on to serve twent y or more hours per week; provi ded the membe r is not recei ving and is not eligi ble to recei ve retir ement benef its from any other retir ement syste m for the years for which membe rship servi ce credi t is being purch ased and provi ded the membe r has retur ned to servi ce for at least one year as an emplo yee of the emplo yer that grant ed the leave .

9. A membe r havin g membe rship servi ce credi t in the retir ement syste m provi ded by secti ons 169.6 00 to 169.7 15, after the membe r was emplo yed by a priva te schoo l to serve twent y or more hours per week, may elect to purch ase membe rship servi ce credi t for servi ce rende red to the priva te schoo l, but not to excee d three years . As used in this subse ction , the term "priv ate schoo l" means a schoo l which is not a part of the publi c schoo l syste m of this state and which charg es tuiti on for the rende ring of eleme ntary and secon dary educa tiona l servi ces.< /b>

169.6 60. 1. On and after the first day of July next follo wing the opera tive date, any membe r who is sixty or more years of age and who has at least five years of credi table servi ce, or who has attai ned age fifty -five and has at least twent y-fiv e years of credi table servi ce, or who has at least thirt y years of credi table servi ce regar dless of age may retir e and recei ve the full retir ement benef its based on the membe r's credi table servi ce. A membe r whose credi table servi ce at retir ement is less than five years shall not be entit led to a retir ement allow ance but shall be entit led to recei ve the membe r's contr ibuti ons.< p> 2. Any perso n retir ed and curre ntly recei ving a retir ement allow ance under secti ons 169.6 00 to 169.7 15, other than for disab ility , may be emplo yed on a tempo rary- subst itute basis by a distr ict inclu ded in the retir ement syste m not to excee d a total of five hundr ed fifty hours in any one schoo l year, witho ut a disco ntinu ance of the perso n's retir ement allow ance. Such a perso n shall not contr ibute to the retir ement syste m, or to the publi c schoo l retir ement syste m estab lishe d in secti ons 169.0 10 to 169.1 41, becau se of earni ngs durin g such perio d of emplo yment . If such a perso n is emplo yed in any capac ity by such a distr ict on a regul ar basis , or the perso n's tempo rary- subst itute servi ce in any capac ity excee ds five hundr ed fifty hours in any one schoo l year, the perso n shall not be eligi ble to recei ve the perso n's retir ement allow ance for any month durin g which the perso n is so emplo yed.< p> Secti on B. The repea l and reena ctmen t of secti ons 169.0 55, 169.0 56 and 169.0 57 shall becom e effec tive on July 1, 1998.