Special consultants, employment as, when--compensation, how,calculation of--severability provisions--former members as specialconsultants, when--certain special consultants may be eligible forsurvivor benefits.
104.610. 1. Any person, who is receiving or hereafter may receivestate retirement benefits from the Missouri state employees' retirementsystem other than a person with twelve or more years of service instatewide state elective office receiving benefits pursuant to theprovisions of section 104.371, a legislators' retirement system, or thehighways and transportation employees' and highway patrol retirementsystem, upon application to the board of trustees of the system from whichhe or she is receiving retirement benefits, shall be made, constituted,appointed and employed by the board as a special consultant on the problemsof retirement, aging, and other state matters, for the remainder of theperson's life, and upon request of the board, or other state agencies wheresuch person was employed prior to retirement, give opinions, and beavailable to give opinions in writing, or orally, in response to suchrequests, as may be required, and for such services shall be compensatedmonthly, in an amount, which, when added to any monthly state retirementbenefits received on his or her retirement, shall be equal to the stateretirement benefits the person would be receiving currently if the personhad benefited from changes in the law effecting increases in the rate inthe formula for calculating benefits in his or her respective retirementsystem, for his or her type of employment or for those persons havingaccrued thirty-five or more years of creditable service, changes in the lawpertaining to the age and service requirements for a normal annuity in hisor her respective retirement system, made subsequent to the date of his orher retirement; except that in calculating such benefits the meaning of"average compensation" shall be that ascribed to it by the law in effect onthe date on which the benefits pursuant to this section are calculated.
2. In lieu of any other benefits pursuant to the provisions of thissection, any member of the Missouri state employees' retirement system whohas or may hereafter retire pursuant to the provisions of section 104.371,pertaining to those members who have held statewide state elective officefor at least twelve years, may apply pursuant to this section to beemployed as a special consultant and for such services shall be compensatedmonthly, in an amount, which, when added to any monthly state retirementbenefits received initially on his or her retirement, shall be equal to thestate retirement benefits the person would be receiving if the person hadbenefited from changes in the law affecting increases in compensation forstatewide state elective offices, pursuant to house substitute for senatebill no. 528, second regular session of the eighty-second general assembly,any other provisions of the law to the contrary notwithstanding.
3. This compensation shall be consolidated with any other retirementbenefits payable to the person, and shall be funded as provided in section104.436.
4. This compensation shall be treated as any other state retirementbenefits payable by the Missouri state employees' retirement system or thehighways and transportation employees' and highway patrol retirement systemare treated and shall not be subject to execution, garnishment, attachment,writ of sequestration, or any other process or claim whatsoever, and shallbe unassignable, anything to the contrary notwithstanding.
5. The employment provided for by this section shall in no way affectany person's eligibility for retirement benefits pursuant to this chapter,or in any way have the effect of reducing retirement benefits, anything tothe contrary notwithstanding.
6. In order to determine the total monthly state retirementcompensation due each retiree who is eligible for the additional amountprovided for in subsection 1 of this section, the following formula shallbe used:
(1) The retiree's base monthly retirement compensation shall bedetermined by dividing the sum of the retiree's annual normal annuity as ofthe effective date of any increase in the rate in the formula forcalculating benefits in his or her respective retirement system plus anyannual increases granted such retiree as a result of his or her being aconsultant, by twelve;
(2) The amount determined pursuant to subdivision (1) of thissubsection shall be increased by an amount equal to the base monthlyretirement compensation calculated pursuant to subdivision (1) of thissubsection multiplied by the percentage increase in the rate in theformula;
(3) The sum obtained from completing the calculations contained insubdivisions (1) and (2) of this subsection shall be the retiree's newtotal monthly state retirement compensation. Any retiree who is eligiblefor the benefit provided in subsection 1 of this section whose benefitpursuant to subsection 1 of this section was not calculated in accordancewith the procedure provided in this subsection shall have his or her totalmonthly retirement compensation for all months beginning on or afterSeptember 28, 1985, recalculated in accordance with this subsection.
7. The provisions of this section are severable. If any provision ofthis section is found by a court of competent jurisdiction to beunconstitutional or otherwise invalid, the remaining provisions of thissection are valid unless the court finds that such valid provisions,standing alone, are incomplete and incapable of being executed inaccordance with the legislative intent.
8. Any person who terminates employment or retires prior to July 1,2000, shall be made, constituted, appointed and employed by the board as aspecial consultant on the problems of retirement, aging, and other statematters, for the remainder of the person's life, and upon request of theboard, or other state agencies where such person was employed prior toretirement, give opinions, and be available to give opinions in writing, ororally, in response to such requests, as may be required, and for suchservices shall be eligible to elect to receive a retirement annuitypursuant to the year 2000 plan as provided in this chapter.
9. Effective August 28, 2000, any person otherwise eligible forsurvivor benefits due to the death of a member prior to retirement, who wasmarried less than two years to the member at the time of the member'sdeath, shall, upon application to the board, be made, constituted,appointed and employed by the board as a special consultant on the problemsof retirement, aging and other state matters. As a special consultantpursuant to the provisions of this subsection, the person shall begin toreceive a survivor benefit in a monthly amount equal to what the systemwould have paid the person had the person been eligible for such survivorbenefit upon the death of the member. Such benefit shall commence thefirst of the month following receipt by the system of an application fromsuch person, but not earlier than September 1, 2000. In no event shall anyretroactive benefits be paid.
Special consultants, employment as, when--compensation, how,calculation of--severability provisions--former members as specialconsultants, when--certain special consultants may be eligible forsurvivor benefits.
104.610. 1. Any person, who is receiving or hereafter may receivestate retirement benefits from the Missouri state employees' retirementsystem other than a person with twelve or more years of service instatewide state elective office receiving benefits pursuant to theprovisions of section 104.371, a legislators' retirement system, or thehighways and transportation employees' and highway patrol retirementsystem, upon application to the board of trustees of the system from whichhe or she is receiving retirement benefits, shall be made, constituted,appointed and employed by the board as a special consultant on the problemsof retirement, aging, and other state matters, for the remainder of theperson's life, and upon request of the board, or other state agencies wheresuch person was employed prior to retirement, give opinions, and beavailable to give opinions in writing, or orally, in response to suchrequests, as may be required, and for such services shall be compensatedmonthly, in an amount, which, when added to any monthly state retirementbenefits received on his or her retirement, shall be equal to the stateretirement benefits the person would be receiving currently if the personhad benefited from changes in the law effecting increases in the rate inthe formula for calculating benefits in his or her respective retirementsystem, for his or her type of employment or for those persons havingaccrued thirty-five or more years of creditable service, changes in the lawpertaining to the age and service requirements for a normal annuity in hisor her respective retirement system, made subsequent to the date of his orher retirement; except that in calculating such benefits the meaning of"average compensation" shall be that ascribed to it by the law in effect onthe date on which the benefits pursuant to this section are calculated.
2. In lieu of any other benefits pursuant to the provisions of thissection, any member of the Missouri state employees' retirement system whohas or may hereafter retire pursuant to the provisions of section 104.371,pertaining to those members who have held statewide state elective officefor at least twelve years, may apply pursuant to this section to beemployed as a special consultant and for such services shall be compensatedmonthly, in an amount, which, when added to any monthly state retirementbenefits received initially on his or her retirement, shall be equal to thestate retirement benefits the person would be receiving if the person hadbenefited from changes in the law affecting increases in compensation forstatewide state elective offices, pursuant to house substitute for senatebill no. 528, second regular session of the eighty-second general assembly,any other provisions of the law to the contrary notwithstanding.
3. This compensation shall be consolidated with any other retirementbenefits payable to the person, and shall be funded as provided in section104.436.
4. This compensation shall be treated as any other state retirementbenefits payable by the Missouri state employees' retirement system or thehighways and transportation employees' and highway patrol retirement systemare treated and shall not be subject to execution, garnishment, attachment,writ of sequestration, or any other process or claim whatsoever, and shallbe unassignable, anything to the contrary notwithstanding.
5. The employment provided for by this section shall in no way affectany person's eligibility for retirement benefits pursuant to this chapter,or in any way have the effect of reducing retirement benefits, anything tothe contrary notwithstanding.
6. In order to determine the total monthly state retirementcompensation due each retiree who is eligible for the additional amountprovided for in subsection 1 of this section, the following formula shallbe used:
(1) The retiree's base monthly retirement compensation shall bedetermined by dividing the sum of the retiree's annual normal annuity as ofthe effective date of any increase in the rate in the formula forcalculating benefits in his or her respective retirement system plus anyannual increases granted such retiree as a result of his or her being aconsultant, by twelve;
(2) The amount determined pursuant to subdivision (1) of thissubsection shall be increased by an amount equal to the base monthlyretirement compensation calculated pursuant to subdivision (1) of thissubsection multiplied by the percentage increase in the rate in theformula;
(3) The sum obtained from completing the calculations contained insubdivisions (1) and (2) of this subsection shall be the retiree's newtotal monthly state retirement compensation. Any retiree who is eligiblefor the benefit provided in subsection 1 of this section whose benefitpursuant to subsection 1 of this section was not calculated in accordancewith the procedure provided in this subsection shall have his or her totalmonthly retirement compensation for all months beginning on or afterSeptember 28, 1985, recalculated in accordance with this subsection.
7. The provisions of this section are severable. If any provision ofthis section is found by a court of competent jurisdiction to beunconstitutional or otherwise invalid, the remaining provisions of thissection are valid unless the court finds that such valid provisions,standing alone, are incomplete and incapable of being executed inaccordance with the legislative intent.
8. Any person who terminates employment or retires prior to July 1,2000, shall be made, constituted, appointed and employed by the board as aspecial consultant on the problems of retirement, aging, and other statematters, for the remainder of the person's life, and upon request of theboard, or other state agencies where such person was employed prior toretirement, give opinions, and be available to give opinions in writing, ororally, in response to such requests, as may be required, and for suchservices shall be eligible to elect to receive a retirement annuitypursuant to the year 2000 plan as provided in this chapter.
9. Effective August 28, 2000, any person otherwise eligible forsurvivor benefits due to the death of a member prior to retirement, who wasmarried less than two years to the member at the time of the member'sdeath, shall, upon application to the board, be made, constituted,appointed and employed by the board as a special consultant on the problemsof retirement, aging and other state matters. As a special consultantpursuant to the provisions of this subsection, the person shall begin toreceive a survivor benefit in a monthly amount equal to what the systemwould have paid the person had the person been eligible for such survivorbenefit upon the death of the member. Such benefit shall commence thefirst of the month following receipt by the system of an application fromsuch person, but not earlier than September 1, 2000. In no event shall anyretroactive benefits be paid.
Special consultants, employment as, when--compensation, how,calculation of--severability provisions--former members as specialconsultants, when--certain special consultants may be eligible forsurvivor benefits.
104.610. 1. Any person, who is receiving or hereafter may receivestate retirement benefits from the Missouri state employees' retirementsystem other than a person with twelve or more years of service instatewide state elective office receiving benefits pursuant to theprovisions of section 104.371, a legislators' retirement system, or thehighways and transportation employees' and highway patrol retirementsystem, upon application to the board of trustees of the system from whichhe or she is receiving retirement benefits, shall be made, constituted,appointed and employed by the board as a special consultant on the problemsof retirement, aging, and other state matters, for the remainder of theperson's life, and upon request of the board, or other state agencies wheresuch person was employed prior to retirement, give opinions, and beavailable to give opinions in writing, or orally, in response to suchrequests, as may be required, and for such services shall be compensatedmonthly, in an amount, which, when added to any monthly state retirementbenefits received on his or her retirement, shall be equal to the stateretirement benefits the person would be receiving currently if the personhad benefited from changes in the law effecting increases in the rate inthe formula for calculating benefits in his or her respective retirementsystem, for his or her type of employment or for those persons havingaccrued thirty-five or more years of creditable service, changes in the lawpertaining to the age and service requirements for a normal annuity in hisor her respective retirement system, made subsequent to the date of his orher retirement; except that in calculating such benefits the meaning of"average compensation" shall be that ascribed to it by the law in effect onthe date on which the benefits pursuant to this section are calculated.
2. In lieu of any other benefits pursuant to the provisions of thissection, any member of the Missouri state employees' retirement system whohas or may hereafter retire pursuant to the provisions of section 104.371,pertaining to those members who have held statewide state elective officefor at least twelve years, may apply pursuant to this section to beemployed as a special consultant and for such services shall be compensatedmonthly, in an amount, which, when added to any monthly state retirementbenefits received initially on his or her retirement, shall be equal to thestate retirement benefits the person would be receiving if the person hadbenefited from changes in the law affecting increases in compensation forstatewide state elective offices, pursuant to house substitute for senatebill no. 528, second regular session of the eighty-second general assembly,any other provisions of the law to the contrary notwithstanding.
3. This compensation shall be consolidated with any other retirementbenefits payable to the person, and shall be funded as provided in section104.436.
4. This compensation shall be treated as any other state retirementbenefits payable by the Missouri state employees' retirement system or thehighways and transportation employees' and highway patrol retirement systemare treated and shall not be subject to execution, garnishment, attachment,writ of sequestration, or any other process or claim whatsoever, and shallbe unassignable, anything to the contrary notwithstanding.
5. The employment provided for by this section shall in no way affectany person's eligibility for retirement benefits pursuant to this chapter,or in any way have the effect of reducing retirement benefits, anything tothe contrary notwithstanding.
6. In order to determine the total monthly state retirementcompensation due each retiree who is eligible for the additional amountprovided for in subsection 1 of this section, the following formula shallbe used:
(1) The retiree's base monthly retirement compensation shall bedetermined by dividing the sum of the retiree's annual normal annuity as ofthe effective date of any increase in the rate in the formula forcalculating benefits in his or her respective retirement system plus anyannual increases granted such retiree as a result of his or her being aconsultant, by twelve;
(2) The amount determined pursuant to subdivision (1) of thissubsection shall be increased by an amount equal to the base monthlyretirement compensation calculated pursuant to subdivision (1) of thissubsection multiplied by the percentage increase in the rate in theformula;
(3) The sum obtained from completing the calculations contained insubdivisions (1) and (2) of this subsection shall be the retiree's newtotal monthly state retirement compensation. Any retiree who is eligiblefor the benefit provided in subsection 1 of this section whose benefitpursuant to subsection 1 of this section was not calculated in accordancewith the procedure provided in this subsection shall have his or her totalmonthly retirement compensation for all months beginning on or afterSeptember 28, 1985, recalculated in accordance with this subsection.
7. The provisions of this section are severable. If any provision ofthis section is found by a court of competent jurisdiction to beunconstitutional or otherwise invalid, the remaining provisions of thissection are valid unless the court finds that such valid provisions,standing alone, are incomplete and incapable of being executed inaccordance with the legislative intent.
8. Any person who terminates employment or retires prior to July 1,2000, shall be made, constituted, appointed and employed by the board as aspecial consultant on the problems of retirement, aging, and other statematters, for the remainder of the person's life, and upon request of theboard, or other state agencies where such person was employed prior toretirement, give opinions, and be available to give opinions in writing, ororally, in response to such requests, as may be required, and for suchservices shall be eligible to elect to receive a retirement annuitypursuant to the year 2000 plan as provided in this chapter.
9. Effective August 28, 2000, any person otherwise eligible forsurvivor benefits due to the death of a member prior to retirement, who wasmarried less than two years to the member at the time of the member'sdeath, shall, upon application to the board, be made, constituted,appointed and employed by the board as a special consultant on the problemsof retirement, aging and other state matters. As a special consultantpursuant to the provisions of this subsection, the person shall begin toreceive a survivor benefit in a monthly amount equal to what the systemwould have paid the person had the person been eligible for such survivorbenefit upon the death of the member. Such benefit shall commence thefirst of the month following receipt by the system of an application fromsuch person, but not earlier than September 1, 2000. In no event shall anyretroactive benefits be paid.
