SECOND REGULAR SESSION
SENATE BILL NO. 657
89TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR CASKEY.
Read 1st time January 7, 1998, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
S2822.02I
AN ACT
To repeal section 104.800, RSMo Supp. 1997, relating to certain retirement systems, and to enact in lieu thereof two new sections relating to the same subject.
Section A. Section 104.800, RSMo Supp. 1997, is repealed and two new sections enacted in lieu thereof, to be known as sections 104.349 and 104.800, to read as follows:
104.349. Any person who is appointed pursuant to section 621.015, RSMo, after May 1, 1996, may elect to transfer membership service earned under the provisions of the Missouri state employees' retirement system or under the provisions of section 104.370, to creditable service as an administrative law judge as defined in section 287.812, RSMo, if such person makes written application to the board of trustees of the Missouri state employees' retirement system to transfer such service prior to the person receiving retirement benefits for such service. Any person who is appointed or serving in office pursuant to section 621.015, RSMo, shall, from the effective date of this section, be given creditable service as an administrative law judge as defined in section 287.812, RSMo. In no event shall a person receive credit for the same period of service under more than one retirement system or plan.
104.800. 1. Except as otherwise provided by law, any person having earned creditable service pursuant to the provisions of the state employees' retirement system or pursuant to the provisions of the state transportation department employees' and highway patrol retirement system or having service as a statewide state elective officer or having service as a member of the general assembly or having service pursuant to the provisions of sections 287.812 to 287.855, RSMo, or having service as a judge, as defined in section 476.515, RSMo, may elect prior to retirement and not after retirement, to make a one-time transfer of credit for such service or such creditable service to any other retirement system or type of service specified in this section or sections 56.800 to 56.840, RSMo, for which the person has accumulated service or creditable service. The amount of transferred credit shall be accumulated with the amount of such creditable service or such service earned by the person in the retirement system or type of service to which the service is transferred for purposes of determining the benefits to which the person is entitled under the retirement system or type of service to which the service is transferred. The transfer of such creditable service or service shall become effective on the first day of the second month following the month in which the person files written notification of the person's election with the retirement boards affected by such service transfer. When the election to transfer creditable service or service becomes effective, the person shall thereby forfeit any claim to any benefit under the provisions of the retirement system or type of service, as the case may be, from which the service or creditable service was transferred regardless of the amount of service or creditable service previously earned in such retirement system or type of service. The amount of service a person shall be entitled to transfer pursuant to the provisions of this section shall not exceed [five] twelve years.
2. In the event of the death of a member before retirement and prior to exercising transfer rights pursuant to the provisions of this section, survivorship benefits shall be computed as if such person had in fact exercised or not exercised the person's transfer rights to produce the most advantageous benefit possible.
3. Any person that has earned creditable service pursuant to the provisions governing the Missouri state employees' retirement system or pursuant to the provisions of chapter 287, RSMo, or chapter 476, RSMo, who terminated employment prior to August 13, 1986, shall, upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the person retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall be eligible, prior to retirement, to make a one-time transfer of creditable service as provided in this section.