S1011.01T

To repeal sections 57.949, 57.967 and 57.982, RSMo 1994, relating to the sheriffs' retirement system, and to enact in lieu thereof three new sections relating to the same subject.

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

     Section A. Sections 57.949, 57.967 and 57.982, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 57.949, 57.967 and 57.982, to read as follows:

     57.949. As used in sections 57.949 to 57.997, unless the context clearly indicates that a different meaning is intended, the following words and terms shall mean:

     (1) "Annuity", annual payments, made in equal monthly installments, to a retired member from funds provided for, in, or authorized by, the provisions of sections 57.949 to 57.997;

     (2) "Average final compensation", the average of a member's compensation for his three highest paid years;

     (3) "Board of directors" or "board", the board of directors established by the provisions of sections 57.949 to 57.997;

     (4) "Compensation", all salary and other compensation payable by a county to an employee for personal services rendered as an employee, but not including travel and mileage reimbursement, uniform allowance, or housing allowance;

     (5) "County", each county in the state, except the city of St. Louis and those counties of the first class having a charter form of government;

     (6) "Creditable service", the sum of both membership service and creditable prior service;

     (7) "Effective date of the establishment of the system", the date the governor declares the system established pursuant to section 57.958;

     (8) "Employee", an elective or appointive county sheriff who is employed by a county;

     (9) "Member", any active sheriff of the system, any former sheriff receiving retirement benefits from the system, any former sheriff that is vested in the system but is not receiving benefits, any sheriff on disability leave, and for the purposes of section 57.968 only, any surviving spouse who receives a benefit from the system;

     [(9)] (10) "Membership service", service as a sheriff of a county after becoming a member that is creditable in determining the amount of the member's benefits under this system;

     [(10)] (11) "Prior service", service of a member rendered prior to the effective date of the establishment of the system which is creditable under section 57.973;

     [(11)] (12) "Retirement system" or "system", the sheriffs' retirement system authorized by the provisions of sections 57.949 to 57.997.

     57.967. 1. The normal annuity of a retired member shall equal two percent of the final average compensation of the retired member multiplied by the number of years of creditable service of the retired member, except that the normal annuity shall not exceed seventy-five percent of his average final compensation.

     2. The board, at its last meeting of each calendar year, shall determine the monthly amount for medical insurance premiums to be paid to each retired member during the next following calendar year. The monthly amount shall not exceed three hundred dollars. The monthly payments are at the discretion of the board on the advice of the actuary. The anticipated sum of all such payments during the year plus the annual normal cost plus the annual amount to amortize the unfunded actuarial accrued liability in no more than thirty years shall not exceed the anticipated moneys credited to the system under section 57.955. The money amount granted here shall not be continued to any survivor.

     3. [Notwithstanding any other provision of law to the contrary, any member who retired after January 1, 1988, and before December 31, 1989, shall be appointed and employed by the board as a consultant on law enforcement for life and shall give opinions, orally or in writing, on law enforcement and related matters to the board, the county sheriff's office where the member last served as county sheriff, or to any department of state government when requested to do so by the board. As compensation for serving as a consultant the member's final average compensation shall be determined to be the annual compensation that he was receiving when he retired and his normal annuity shall be calculated to reflect any change that may occur due to any change in his final average compensation. This compensation shall begin on August 28, 1989.

     4. Notwithstanding any other provision of law to the contrary, any person who has served twenty-four years or more as a county sheriff and who is not receiving retirement benefits from the county sheriffs' retirement system and who is fifty-five years of age or more, shall be appointed and employed by the board as a consultant on law enforcement for life and shall give opinions, orally or in writing, on law enforcement and related matters to the board, the county sheriff's office where the person last served as county sheriff, or to any department of state government when requested to do so by the board. As compensation for serving as a consultant such person shall become a member of the retirement system on July 11, 1991, and shall receive creditable prior service for the time he served as a county sheriff. Based upon such creditable service he shall receive an annuity as calculated under the provisions of this section and shall also be entitled to any other benefits which are provided under the provisions of sections 57.949 to 57.973.

     5. If a member with eight or more years of service dies before becoming eligible for retirement, his surviving spouse, if she has been married to the member for at least two years prior to his death, shall be entitled to survivor benefits under option 1 as set forth in section 57.979, as if the member had retired on the date of his death. His monthly benefit would be calculated as the member's accrued benefit at his death reduced actuarially for an early commencement from the member's normal retirement date: age fifty-five with twelve or more years of creditable service or age sixty-two with eight years of creditable service, to his date of death. Such benefit shall be payable on the first day of the month following the member's death and shall be payable during the surviving spouse's lifetime. If such member died after January 1, 1991, and before July 11, 1991, the member's surviving spouse, if she had been married to the member for at least two years prior to his death, shall be appointed and employed by the board as a consultant on the matters of retirement benefits and other retirement related issues and shall give opinions, orally or in writing, to the board when requested to do so. As compensation for serving as a consultant such surviving spouse shall be entitled to the survivor benefits of this subsection.

     6. The surviving spouse of a sheriff who had served at least twelve years and who died after January 1, 1991, but before July 11, 1991, and the county where he served as sheriff joined the sheriffs' retirement system under the provisions of section 57.961 before July 11, 1991, shall be appointed and employed by the board as a consultant on the matters of retirement, and shall give opinions, orally or in writing, to the board when requested to do so. As compensation for serving as a consultant, such surviving spouse shall be entitled to the survivor benefits under subsection 5 of this section and any other benefits provided for surviving spouses under sections 57.949 to 57.973.] If a member with eight or more years of service dies before becoming eligible for retirement, his surviving spouse, if she has been married to the member for at least two years prior to his death, shall be entitled to survivor benefits under option 1 as set forth in section 57.979 as if the member had retired on the date of his death. His monthly benefit would be calculated as the member's accrued benefit at his death reduced by one-fourth of one percent per month for an early commencement from the member's normal retirement date: age fifty-five with twelve or more years of creditable service or age sixty-two with eight years of creditable service, to his date of death. Such benefit shall be payable on the first day of the month following the member's death and shall be payable during the surviving spouse's lifetime.

     57.982. 1. Any active member of the system who is terminated from active employment as a result of an injury or illness received in the performance of the member's duty, as determined by the board, or any active member who is terminated because of an injury or illness not received in the performance of his duty and the member has five or more years of creditable service, may be placed on disability leave and shall be entitled to receive a monthly disability leave benefit equal to eighty percent of the member's monthly average final compensation decreased by the member's primary federal social security benefit.

     2. A member shall be deemed eligible for disability benefits only when it is determined by the board that the member is entitled to disability benefits under the Federal Social Security Act.

     3. A member on disability leave who has not accrued at least eight years of creditable service shall accrue membership service for the period from the effective date of disability leave, as approved by the board, until the member has accrued eight years of creditable service.

     4. The maximum benefit period for disability leave payments shall be from the date disability payments begin until age sixty-five or when the member accrues eight years of creditable service whichever later occurs. A member cannot receive disability leave benefits and retirement benefits concurrently.

     5. Monthly disability leave benefits described herein shall not be paid to any member who is no longer receiving disability payments from Social Security. At that time, the member's disability leave shall be terminated and the member shall be eligible for any benefits that the member is entitled to by reason of his age and creditable service or in the case of his returning to work he may be reinstated as an active member under rules and procedures adopted by the board.

     6. Members receiving disability leave benefits shall be eligible for medical insurance benefits under subsection 2 of section 57.967 but shall not be eligible for the increase in benefits provided by section 57.968.

     7. A member who retires while on disability leave shall be considered a normal retiree and section 57.979 shall be applicable.

     8. If a vested member who is receiving disability leave benefits dies before retirement, he shall be considered to have retired on the date of death and the member's spouse, if married to the member for two years or more immediately prior to the member's death, shall be entitled to the survivor benefit under option 1 of section 57.979.

     9. Other rules and procedures necessary for the operation and administration of disability benefits shall be established by the board in accordance with chapter 536, RSMo.

     [57.982. 1. If the employment of an employee who has five or more years of creditable service is terminated prior to normal retirement date because he is totally and permanently disabled, he shall retire at that time and shall be entitled to receive disability benefits as provided in this section.

     2. An employee shall be deemed to be totally and permanently disabled only when it is determined by the board that the employee is entitled to disability benefits under the Federal Social Security Act.

     3. The amount of monthly benefits will be equal to eighty percent of the employee's average final compensation decreased by the monthly primary federal social security benefit.

     4. The disability benefits described herein shall not be paid to any member who is no longer receiving disability payments from social security. If a member who has been receiving disability benefits again becomes an employee, the member's disability benefits shall be discontinued. Upon the completion of six months of continuous service, the member's prior period of creditable service shall be restored. Any subsequent determination of benefits due the member shall be based on the member's creditable service accrued to the date the member's disability benefits commenced and the period of creditable service after the member's return to employment. Should the member again become disabled, retire or terminate employment within the six-month period after the member's return to work, any benefits to which the member shall become entitled will be based on the member's service and wage compensation to the date disability benefits began.

     5. The member receiving benefits under the provisions of this section immediately prior to attainment of age sixty-two shall be considered a normal retiree at age sixty-two. His normal annuity will be based on his service to the date of disability, and he may elect within thirty days preceding the member's attainment of age sixty-two, option 1 of section 57.979, but only for the member's spouse who was the member's spouse for two or more years prior to the member's attainment of age sixty-two.]