Consultants, extra duty, compensation--benefit increases,limitations--survivors of judges, administrative law judges, andlegal advisors to be consultants--limited survivor benefitsextended to all members, one-time refund payments made to certainmembers.
104.612. 1. Each special consultant, not otherwise eligible for aretirement benefit increase pursuant to section 104.415, employed oreligible for employment on or after May 12, 1981, by a board of trustees ofa retirement system as provided in subsection 1 of section 104.610 shall,in addition to duties prescribed in section 104.610, and upon request ofthe board of trustees, give the board, orally or in writing, a shortdetailed statement on the problems of retirement under the current monthlybenefits.
2. As compensation for the extra duty imposed by subsection 1 of thissection, each special consultant shall receive, in addition to all othercompensation provided by law, a percentage increase in compensation eachyear, computed upon the total amount which the consultant received in theprevious year from state retirement benefits, compensation pursuant to theprovisions of section 104.610, and compensation pursuant to the provisionsof this section, of eighty percent of the increase in the consumer priceindex calculated in the manner specified in section 104.415. The increasein compensation for special consultants who have been retired less than oneyear shall be one-twelfth of the applicable cost-of-living increase forevery month or partial month that the member was retired and receiving anannuity. Any such annual increase in compensation, however, shall notexceed five percent, nor be less than four percent, and the total increasein compensation to each special consultant pursuant to the provisions ofthis subsection shall not exceed sixty-five percent of the total retirementbenefits and compensation he or she was receiving immediately prior toOctober 1, 1986.
3. As compensation for the services described in subsections 1 and 2of this section, each special consultant shall receive, in addition to allother compensation provided by those subsections, an annual percentageincrease in the retirement benefit payable equal to eighty percent of theincrease in the consumer price index. Such benefit increase, however,shall not exceed five percent of the retirement benefit payable prior tothe increase. The annual benefit increase described in this subsectionshall not be effective until the year in which the special consultantreaches the limit on total annual increases provided by subsection 2 ofthis section. During that year on the anniversary date of the specialconsultant's retirement, the special consultant shall receive the benefitincrease described in subsection 2 of this section or this subsection,whichever is greater. After that year, the special consultant shallreceive the annual benefit increase described in this subsection. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 2 prior to October 1, 1996, shall receive thebenefit increase described in this subsection on September 1, 1997. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 2 on or after October 1, 1996, but before September1, 1997, shall receive the benefit increase described in this subsectionbeginning on the anniversary date of the special consultant's retirementfollowing September 1, 1997. In no event shall any retroactive annualbenefit increases be paid pursuant to this subsection to any specialconsultant who reached the limit provided in subsection 2 of this sectionprior to August 28, 1997.
4. The compensation provided for in this section shall be payable inequal monthly installments and shall be consolidated with any retirementbenefits and compensation due pursuant to section 104.610 which is payableto the special consultant. The compensation provided for in this sectionshall be paid from the retirement fund for all members who retire afterAugust 30, 1980. The retirement fund shall be funded on a sound actuarialbasis for such benefits as prescribed in sections 104.070 and 104.436.Appropriations necessary to achieve a sound actuarial basis for theretirement fund shall be made from general revenue or any other fund duringthe three general assembly sessions next occurring after February 14, 1980.Appropriations to maintain the retirement fund on a continuing soundactuarial basis shall be made as necessary in accordance with theprovisions of sections 104.070, 104.436 and 104.438. For all members whoretire prior to September 1, 1980, the compensation provided for in thissection shall be funded as provided in sections 104.070 and 104.436.
5. The compensation provided for in this section shall be treated asany other state retirement benefits, payable by the Missouri stateemployees' retirement system or the transportation department and highwaypatrol retirement system are treated and shall not be subject to execution,garnishment, attachment, writ of sequestration, or any other process orclaim whatsoever, and shall be unassignable, anything to the contrarynotwithstanding.
6. 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.
7. (1) Any person who is receiving, on or after August 28, 1994, asurvivor benefit provided by the provisions of this chapter by virtue ofbeing a survivor of a member, a survivor of a judge as defined in section476.515, RSMo, or a survivor of an administrative law judge or legaladvisor as those terms are defined in section 287.812, RSMo, and who wasemployed prior to August 28, 1997, shall, upon application, be made,constituted, appointed and employed by the board as a special consultant onthe problems of retirement, aging, and other matters relating to survivorsof deceased members and upon the request of the appropriate board shallgive opinions, in writing or orally, in response to such requests of theboard. As compensation for the services required by this subsection, eachsuch special consultant shall receive, in addition to all othercompensation provided by law, a percentage increase in compensation eachyear, computed upon the amount which the special consultant received in theprevious year in survivor benefits from the system, of eighty percent ofthe increase in the consumer price index calculated in the manner specifiedin section 104.415. Any such increase in compensation, however, shall notexceed five percent, nor be less than four percent;
(2) The total increases in benefits received pursuant to thissubsection shall be limited by the following:
(a) In cases of death after retirement where an optional form ofpayment was elected by the retirant, the total increase shall not exceedsixty-five percent of the survivor benefit which would have been payablebased on the option elected and the original benefit amount payable to theretirant;
(b) In cases of death before retirement, the total increase shall notexceed sixty-five percent of the original survivor benefit amount.
8. As compensation for the services described in subsection 7 of thissection, each special consultant shall receive, in addition to all othercompensation provided by subsection 7 of this section, an annual percentageincrease in the survivor benefit payable equal to eighty percent of theincrease in the consumer price index. Such benefit increase, however,shall not exceed five percent of the survivor benefit payable prior to theincrease. The annual benefit increase described in this subsection shallnot be effective until the year in which the special consultant reaches thelimit on total annual increases provided by subsection 7 of this section.During that year on the anniversary date that the special consultant'sbenefit became payable, the special consultant shall receive the benefitincrease described in subsection 7 of this section or this subsection,whichever is greater. After that year, the special consultant shallreceive the annual benefit increase described in this subsection. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 7 of this section prior to October 1, 1996, shallreceive the benefit increase described in this subsection on September 1,1997. Any special consultant who reaches the limit on total annual benefitincreases provided by subsection 7 of this section on or after October 1,1996, but before September 1, 1997, shall receive the benefit increasedescribed in this subsection beginning on the anniversary date that thespecial consultant's benefit became payable following September 1, 1997.In no event shall any retroactive annual benefit increases be paid pursuantto this subsection to any special consultant who reached the limit providedin subsection 7 of this section prior to August 28, 1997.
9. The employment provided for by this subsection shall in no wayaffect any person's eligibility for retirement or survivor benefitspursuant to the provisions of this chapter, or in any way have the effectof reducing any retirement or survivor benefits, anything to the contrarynotwithstanding. An annual increase, if any is due, shall be payablemonthly beginning on a date specified by the board. Nothing in thissubsection shall be construed to prohibit a special consultant from waivingthe right to receive the annual increase provided pursuant to thissubsection. However, the waiver may not extend beyond the age permitted bythe Tax Equity and Fiscal Responsibility Act (TEFRA). The waiver shall befinal as to the annual increase waived.
10. (1) Any member who terminated employment on or after October 1,1984, who is receiving an annuity on September 1, 1997, and who had electedone of the options providing for a continuing lifetime annuity to asurviving spouse, and who has been made, constituted and appointed by theboard as a special consultant on the problems of retirement, aging, andother matters relating to retirement shall be eligible for additionalcompensation. As additional compensation for such services, each specialconsultant shall be eligible for the benefits described in thissubdivision. The annuity of a special consultant who is receiving benefitsunder option 1 of section 104.395, shall be reduced in the same manner asan annuity under option 2 of section 104.395, as in effect immediatelyprior to August 28, 1997. The annuity of a special consultant who isreceiving benefits under the provisions of option 2 of section 104.395, asin effect on or after August 13, 1986, but prior to August 28, 1997, shallbe determined in the same manner as an annuity under option 2 of section104.395, as in effect on September 1, 1997. The annuity of a specialconsultant who is receiving benefits under an annuity that provides for acontinuing lifetime annuity to a surviving spouse other than as previouslydescribed in this subdivision shall be reduced in a manner approved by theboard so as to be consistent with the other continuing lifetime annuitiesdescribed in this subdivision. Such annuities shall be adjusted for earlyretirement if applicable. The member's benefit shall include any formulaor minimum benefit increases or both, and cost-of-living increases theretired member would have received since the date of retirement had themember's benefit been calculated as described in this subdivision. Themember shall also receive a one-time payment in an amount equal to thedifference in the amount of retirement benefits that the member receivedand the amount the member would have received since the date of retirementhad the member's benefit been calculated as described in this subdivision.
(2) Any member who terminated employment on or after October 1, 1984,but before August 28, 1997, and who retires after August 28, 1997, mayelect at retirement to become a special consultant as provided for insubdivision (1) of this subsection and elect any option provided pursuantto section 104.395, as in effect on August 28, 1997.
(3) Any member who terminated employment on or after October 1, 1984,but retired prior to August 28, 1997, who applied for increased benefitspursuant to the provisions described in subsection 3 or subsection 4 ofsection 104.395, and whose spouse died prior to September 1, 1997, and whohas been made, constituted and appointed by the board as a specialconsultant on the problems of retirement, aging, and other matters relatingto retirement shall be eligible for additional compensation. As additionalcompensation for such services, such member shall receive a one-timepayment in an amount equal to the difference in the amount of retirementbenefits that the member received and the amount the member would havereceived since the date of retirement had the member's benefit beencalculated as described in subdivision (1) of this subsection.
(4) Any member who terminated employment on or after October 1, 1984,but retired before September 1, 1997, and who had elected a normal annuityat retirement, and who is receiving benefits on September 1, 1997, and whohas been made, constituted and appointed by the board as a specialconsultant on the problems of retirement, aging, and other matters relatingto retirement shall be eligible for additional compensation. As additionalcompensation for such services, beginning the first month following thedeath of the member, the member's surviving spouse who was married to themember of the transportation department and highway patrol retirementsystem on the date of retirement or the person who was married to themember of the Missouri state employees' retirement system on the date ofretirement shall receive monthly an amount equal to fifty percent of themonthly annuity the retired member was receiving at the time of themember's death.
(5) If a member dies on or after September 1, 1997, but prior toreceiving any one-time payment described in subdivision (1) of thissubsection, payment shall be issued to the surviving spouse who was marriedto the member at the date of the member's death. If there is no survivingspouse, payment will be issued to the member's estate.
(6) Any member who terminated employment on or after October 1, 1984,retired, became a special consultant on the problems of retirement, agingand other matters relating to retirement or applies to become such aconsultant, and whose annuity was not in pay status on September 1, 1997,pursuant to the provisions of section 104.380, shall be eligible foradditional compensation. As additional compensation for such services,each special consultant shall be eligible for the benefits described insubdivision (1), (3) or (4) of this subsection depending on the annuityselected by the member at the time of retirement. Any one-time paymentthat may be due shall be paid upon application for such benefit. Anyadjustment to a future annuity shall be made upon application forretirement or survivor benefits.
(7) Any person who received benefits pursuant to subsection 6 ofsection 104.335 prior to August 28, 1997, may apply to the board to becomea special consultant on the problems of retirement, aging, and othermatters relating to retirement. As compensation for such services, eachspecial consultant shall be eligible to receive upon making application forsuch benefits a one-time payment which shall be equal to the differencebetween the amount of benefits the person received and the amount ofbenefits the person would have received had the original benefit paymentbeen calculated under the actuarial assumptions in effect on August 28,1997.
(8) Any person who was married to a member of the Missouri stateemployees' retirement system at the time the member retired and such memberterminated employment on or after October 1, 1984, elected one of theoptions providing for a continuing lifetime annuity at the time ofretirement, and died prior to September 1, 1997, may apply to the board tobecome a special consultant on the problems of retirement, aging, and othermatters relating to retirement. As additional compensation for suchservices, the survivor benefit of the special consultant shall berecalculated in the manner described in subdivision (1) of this subsection.The special consultant shall also receive a one-time payment in an amountequal to the difference between the amount of retirement and survivorbenefits that the retired member and the special consultant received andthe amount of retirement and survivor benefits the retired member and thespecial consultant would have received since the date of retirement had theretired member's and the special consultant's benefits been calculated asdescribed in subdivision (1) of this subsection.
(9) Any person who was married to a member of the Missouri stateemployees' retirement system at the time the member retired and such memberterminated employment on or after October 1, 1984, retired after electing anormal annuity, and died prior to September 1, 1997, may apply to the boardto become a special consultant on the problems of retirement, aging, andother matters relating to retirement. As additional compensation for suchservices, the special consultant shall receive a monthly benefit in anamount equal to fifty percent of the monthly annuity the retired member wasreceiving at the time of the member's death, including any annual benefitincreases pursuant to subsections 7 and 8 of this section that occurredbetween the date of the member's death and the date of application. Suchbenefit shall commence upon application and shall include a one-timepayment, if necessary, so that the special consultant shall receive thesame amount that would have been paid to the special consultant had suchbenefit commenced the month following the death of the member.
(10) Any surviving spouse receiving benefits pursuant to theprovisions of section 104.420 as the result of the death of a member whoseemployment terminated on or after October 1, 1984, may apply to the boardto become a special consultant on the problems of retirement, aging, andother matters relating to retirement. As compensation for such services,the benefit of each special consultant shall be reduced in the same manneras an annuity under option 1 of section 104.395 as in effect on August 28,1997. The special consultant shall also receive a one-time payment in anamount equal to the difference between the amount of benefits that thesurvivor received and the amount of benefits the survivor would havereceived had the survivor's benefit been originally calculated as describedunder option 1 of section 104.395 as in effect on August 28, 1997.
Consultants, extra duty, compensation--benefit increases,limitations--survivors of judges, administrative law judges, andlegal advisors to be consultants--limited survivor benefitsextended to all members, one-time refund payments made to certainmembers.
104.612. 1. Each special consultant, not otherwise eligible for aretirement benefit increase pursuant to section 104.415, employed oreligible for employment on or after May 12, 1981, by a board of trustees ofa retirement system as provided in subsection 1 of section 104.610 shall,in addition to duties prescribed in section 104.610, and upon request ofthe board of trustees, give the board, orally or in writing, a shortdetailed statement on the problems of retirement under the current monthlybenefits.
2. As compensation for the extra duty imposed by subsection 1 of thissection, each special consultant shall receive, in addition to all othercompensation provided by law, a percentage increase in compensation eachyear, computed upon the total amount which the consultant received in theprevious year from state retirement benefits, compensation pursuant to theprovisions of section 104.610, and compensation pursuant to the provisionsof this section, of eighty percent of the increase in the consumer priceindex calculated in the manner specified in section 104.415. The increasein compensation for special consultants who have been retired less than oneyear shall be one-twelfth of the applicable cost-of-living increase forevery month or partial month that the member was retired and receiving anannuity. Any such annual increase in compensation, however, shall notexceed five percent, nor be less than four percent, and the total increasein compensation to each special consultant pursuant to the provisions ofthis subsection shall not exceed sixty-five percent of the total retirementbenefits and compensation he or she was receiving immediately prior toOctober 1, 1986.
3. As compensation for the services described in subsections 1 and 2of this section, each special consultant shall receive, in addition to allother compensation provided by those subsections, an annual percentageincrease in the retirement benefit payable equal to eighty percent of theincrease in the consumer price index. Such benefit increase, however,shall not exceed five percent of the retirement benefit payable prior tothe increase. The annual benefit increase described in this subsectionshall not be effective until the year in which the special consultantreaches the limit on total annual increases provided by subsection 2 ofthis section. During that year on the anniversary date of the specialconsultant's retirement, the special consultant shall receive the benefitincrease described in subsection 2 of this section or this subsection,whichever is greater. After that year, the special consultant shallreceive the annual benefit increase described in this subsection. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 2 prior to October 1, 1996, shall receive thebenefit increase described in this subsection on September 1, 1997. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 2 on or after October 1, 1996, but before September1, 1997, shall receive the benefit increase described in this subsectionbeginning on the anniversary date of the special consultant's retirementfollowing September 1, 1997. In no event shall any retroactive annualbenefit increases be paid pursuant to this subsection to any specialconsultant who reached the limit provided in subsection 2 of this sectionprior to August 28, 1997.
4. The compensation provided for in this section shall be payable inequal monthly installments and shall be consolidated with any retirementbenefits and compensation due pursuant to section 104.610 which is payableto the special consultant. The compensation provided for in this sectionshall be paid from the retirement fund for all members who retire afterAugust 30, 1980. The retirement fund shall be funded on a sound actuarialbasis for such benefits as prescribed in sections 104.070 and 104.436.Appropriations necessary to achieve a sound actuarial basis for theretirement fund shall be made from general revenue or any other fund duringthe three general assembly sessions next occurring after February 14, 1980.Appropriations to maintain the retirement fund on a continuing soundactuarial basis shall be made as necessary in accordance with theprovisions of sections 104.070, 104.436 and 104.438. For all members whoretire prior to September 1, 1980, the compensation provided for in thissection shall be funded as provided in sections 104.070 and 104.436.
5. The compensation provided for in this section shall be treated asany other state retirement benefits, payable by the Missouri stateemployees' retirement system or the transportation department and highwaypatrol retirement system are treated and shall not be subject to execution,garnishment, attachment, writ of sequestration, or any other process orclaim whatsoever, and shall be unassignable, anything to the contrarynotwithstanding.
6. 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.
7. (1) Any person who is receiving, on or after August 28, 1994, asurvivor benefit provided by the provisions of this chapter by virtue ofbeing a survivor of a member, a survivor of a judge as defined in section476.515, RSMo, or a survivor of an administrative law judge or legaladvisor as those terms are defined in section 287.812, RSMo, and who wasemployed prior to August 28, 1997, shall, upon application, be made,constituted, appointed and employed by the board as a special consultant onthe problems of retirement, aging, and other matters relating to survivorsof deceased members and upon the request of the appropriate board shallgive opinions, in writing or orally, in response to such requests of theboard. As compensation for the services required by this subsection, eachsuch special consultant shall receive, in addition to all othercompensation provided by law, a percentage increase in compensation eachyear, computed upon the amount which the special consultant received in theprevious year in survivor benefits from the system, of eighty percent ofthe increase in the consumer price index calculated in the manner specifiedin section 104.415. Any such increase in compensation, however, shall notexceed five percent, nor be less than four percent;
(2) The total increases in benefits received pursuant to thissubsection shall be limited by the following:
(a) In cases of death after retirement where an optional form ofpayment was elected by the retirant, the total increase shall not exceedsixty-five percent of the survivor benefit which would have been payablebased on the option elected and the original benefit amount payable to theretirant;
(b) In cases of death before retirement, the total increase shall notexceed sixty-five percent of the original survivor benefit amount.
8. As compensation for the services described in subsection 7 of thissection, each special consultant shall receive, in addition to all othercompensation provided by subsection 7 of this section, an annual percentageincrease in the survivor benefit payable equal to eighty percent of theincrease in the consumer price index. Such benefit increase, however,shall not exceed five percent of the survivor benefit payable prior to theincrease. The annual benefit increase described in this subsection shallnot be effective until the year in which the special consultant reaches thelimit on total annual increases provided by subsection 7 of this section.During that year on the anniversary date that the special consultant'sbenefit became payable, the special consultant shall receive the benefitincrease described in subsection 7 of this section or this subsection,whichever is greater. After that year, the special consultant shallreceive the annual benefit increase described in this subsection. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 7 of this section prior to October 1, 1996, shallreceive the benefit increase described in this subsection on September 1,1997. Any special consultant who reaches the limit on total annual benefitincreases provided by subsection 7 of this section on or after October 1,1996, but before September 1, 1997, shall receive the benefit increasedescribed in this subsection beginning on the anniversary date that thespecial consultant's benefit became payable following September 1, 1997.In no event shall any retroactive annual benefit increases be paid pursuantto this subsection to any special consultant who reached the limit providedin subsection 7 of this section prior to August 28, 1997.
9. The employment provided for by this subsection shall in no wayaffect any person's eligibility for retirement or survivor benefitspursuant to the provisions of this chapter, or in any way have the effectof reducing any retirement or survivor benefits, anything to the contrarynotwithstanding. An annual increase, if any is due, shall be payablemonthly beginning on a date specified by the board. Nothing in thissubsection shall be construed to prohibit a special consultant from waivingthe right to receive the annual increase provided pursuant to thissubsection. However, the waiver may not extend beyond the age permitted bythe Tax Equity and Fiscal Responsibility Act (TEFRA). The waiver shall befinal as to the annual increase waived.
10. (1) Any member who terminated employment on or after October 1,1984, who is receiving an annuity on September 1, 1997, and who had electedone of the options providing for a continuing lifetime annuity to asurviving spouse, and who has been made, constituted and appointed by theboard as a special consultant on the problems of retirement, aging, andother matters relating to retirement shall be eligible for additionalcompensation. As additional compensation for such services, each specialconsultant shall be eligible for the benefits described in thissubdivision. The annuity of a special consultant who is receiving benefitsunder option 1 of section 104.395, shall be reduced in the same manner asan annuity under option 2 of section 104.395, as in effect immediatelyprior to August 28, 1997. The annuity of a special consultant who isreceiving benefits under the provisions of option 2 of section 104.395, asin effect on or after August 13, 1986, but prior to August 28, 1997, shallbe determined in the same manner as an annuity under option 2 of section104.395, as in effect on September 1, 1997. The annuity of a specialconsultant who is receiving benefits under an annuity that provides for acontinuing lifetime annuity to a surviving spouse other than as previouslydescribed in this subdivision shall be reduced in a manner approved by theboard so as to be consistent with the other continuing lifetime annuitiesdescribed in this subdivision. Such annuities shall be adjusted for earlyretirement if applicable. The member's benefit shall include any formulaor minimum benefit increases or both, and cost-of-living increases theretired member would have received since the date of retirement had themember's benefit been calculated as described in this subdivision. Themember shall also receive a one-time payment in an amount equal to thedifference in the amount of retirement benefits that the member receivedand the amount the member would have received since the date of retirementhad the member's benefit been calculated as described in this subdivision.
(2) Any member who terminated employment on or after October 1, 1984,but before August 28, 1997, and who retires after August 28, 1997, mayelect at retirement to become a special consultant as provided for insubdivision (1) of this subsection and elect any option provided pursuantto section 104.395, as in effect on August 28, 1997.
(3) Any member who terminated employment on or after October 1, 1984,but retired prior to August 28, 1997, who applied for increased benefitspursuant to the provisions described in subsection 3 or subsection 4 ofsection 104.395, and whose spouse died prior to September 1, 1997, and whohas been made, constituted and appointed by the board as a specialconsultant on the problems of retirement, aging, and other matters relatingto retirement shall be eligible for additional compensation. As additionalcompensation for such services, such member shall receive a one-timepayment in an amount equal to the difference in the amount of retirementbenefits that the member received and the amount the member would havereceived since the date of retirement had the member's benefit beencalculated as described in subdivision (1) of this subsection.
(4) Any member who terminated employment on or after October 1, 1984,but retired before September 1, 1997, and who had elected a normal annuityat retirement, and who is receiving benefits on September 1, 1997, and whohas been made, constituted and appointed by the board as a specialconsultant on the problems of retirement, aging, and other matters relatingto retirement shall be eligible for additional compensation. As additionalcompensation for such services, beginning the first month following thedeath of the member, the member's surviving spouse who was married to themember of the transportation department and highway patrol retirementsystem on the date of retirement or the person who was married to themember of the Missouri state employees' retirement system on the date ofretirement shall receive monthly an amount equal to fifty percent of themonthly annuity the retired member was receiving at the time of themember's death.
(5) If a member dies on or after September 1, 1997, but prior toreceiving any one-time payment described in subdivision (1) of thissubsection, payment shall be issued to the surviving spouse who was marriedto the member at the date of the member's death. If there is no survivingspouse, payment will be issued to the member's estate.
(6) Any member who terminated employment on or after October 1, 1984,retired, became a special consultant on the problems of retirement, agingand other matters relating to retirement or applies to become such aconsultant, and whose annuity was not in pay status on September 1, 1997,pursuant to the provisions of section 104.380, shall be eligible foradditional compensation. As additional compensation for such services,each special consultant shall be eligible for the benefits described insubdivision (1), (3) or (4) of this subsection depending on the annuityselected by the member at the time of retirement. Any one-time paymentthat may be due shall be paid upon application for such benefit. Anyadjustment to a future annuity shall be made upon application forretirement or survivor benefits.
(7) Any person who received benefits pursuant to subsection 6 ofsection 104.335 prior to August 28, 1997, may apply to the board to becomea special consultant on the problems of retirement, aging, and othermatters relating to retirement. As compensation for such services, eachspecial consultant shall be eligible to receive upon making application forsuch benefits a one-time payment which shall be equal to the differencebetween the amount of benefits the person received and the amount ofbenefits the person would have received had the original benefit paymentbeen calculated under the actuarial assumptions in effect on August 28,1997.
(8) Any person who was married to a member of the Missouri stateemployees' retirement system at the time the member retired and such memberterminated employment on or after October 1, 1984, elected one of theoptions providing for a continuing lifetime annuity at the time ofretirement, and died prior to September 1, 1997, may apply to the board tobecome a special consultant on the problems of retirement, aging, and othermatters relating to retirement. As additional compensation for suchservices, the survivor benefit of the special consultant shall berecalculated in the manner described in subdivision (1) of this subsection.The special consultant shall also receive a one-time payment in an amountequal to the difference between the amount of retirement and survivorbenefits that the retired member and the special consultant received andthe amount of retirement and survivor benefits the retired member and thespecial consultant would have received since the date of retirement had theretired member's and the special consultant's benefits been calculated asdescribed in subdivision (1) of this subsection.
(9) Any person who was married to a member of the Missouri stateemployees' retirement system at the time the member retired and such memberterminated employment on or after October 1, 1984, retired after electing anormal annuity, and died prior to September 1, 1997, may apply to the boardto become a special consultant on the problems of retirement, aging, andother matters relating to retirement. As additional compensation for suchservices, the special consultant shall receive a monthly benefit in anamount equal to fifty percent of the monthly annuity the retired member wasreceiving at the time of the member's death, including any annual benefitincreases pursuant to subsections 7 and 8 of this section that occurredbetween the date of the member's death and the date of application. Suchbenefit shall commence upon application and shall include a one-timepayment, if necessary, so that the special consultant shall receive thesame amount that would have been paid to the special consultant had suchbenefit commenced the month following the death of the member.
(10) Any surviving spouse receiving benefits pursuant to theprovisions of section 104.420 as the result of the death of a member whoseemployment terminated on or after October 1, 1984, may apply to the boardto become a special consultant on the problems of retirement, aging, andother matters relating to retirement. As compensation for such services,the benefit of each special consultant shall be reduced in the same manneras an annuity under option 1 of section 104.395 as in effect on August 28,1997. The special consultant shall also receive a one-time payment in anamount equal to the difference between the amount of benefits that thesurvivor received and the amount of benefits the survivor would havereceived had the survivor's benefit been originally calculated as describedunder option 1 of section 104.395 as in effect on August 28, 1997.
Consultants, extra duty, compensation--benefit increases,limitations--survivors of judges, administrative law judges, andlegal advisors to be consultants--limited survivor benefitsextended to all members, one-time refund payments made to certainmembers.
104.612. 1. Each special consultant, not otherwise eligible for aretirement benefit increase pursuant to section 104.415, employed oreligible for employment on or after May 12, 1981, by a board of trustees ofa retirement system as provided in subsection 1 of section 104.610 shall,in addition to duties prescribed in section 104.610, and upon request ofthe board of trustees, give the board, orally or in writing, a shortdetailed statement on the problems of retirement under the current monthlybenefits.
2. As compensation for the extra duty imposed by subsection 1 of thissection, each special consultant shall receive, in addition to all othercompensation provided by law, a percentage increase in compensation eachyear, computed upon the total amount which the consultant received in theprevious year from state retirement benefits, compensation pursuant to theprovisions of section 104.610, and compensation pursuant to the provisionsof this section, of eighty percent of the increase in the consumer priceindex calculated in the manner specified in section 104.415. The increasein compensation for special consultants who have been retired less than oneyear shall be one-twelfth of the applicable cost-of-living increase forevery month or partial month that the member was retired and receiving anannuity. Any such annual increase in compensation, however, shall notexceed five percent, nor be less than four percent, and the total increasein compensation to each special consultant pursuant to the provisions ofthis subsection shall not exceed sixty-five percent of the total retirementbenefits and compensation he or she was receiving immediately prior toOctober 1, 1986.
3. As compensation for the services described in subsections 1 and 2of this section, each special consultant shall receive, in addition to allother compensation provided by those subsections, an annual percentageincrease in the retirement benefit payable equal to eighty percent of theincrease in the consumer price index. Such benefit increase, however,shall not exceed five percent of the retirement benefit payable prior tothe increase. The annual benefit increase described in this subsectionshall not be effective until the year in which the special consultantreaches the limit on total annual increases provided by subsection 2 ofthis section. During that year on the anniversary date of the specialconsultant's retirement, the special consultant shall receive the benefitincrease described in subsection 2 of this section or this subsection,whichever is greater. After that year, the special consultant shallreceive the annual benefit increase described in this subsection. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 2 prior to October 1, 1996, shall receive thebenefit increase described in this subsection on September 1, 1997. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 2 on or after October 1, 1996, but before September1, 1997, shall receive the benefit increase described in this subsectionbeginning on the anniversary date of the special consultant's retirementfollowing September 1, 1997. In no event shall any retroactive annualbenefit increases be paid pursuant to this subsection to any specialconsultant who reached the limit provided in subsection 2 of this sectionprior to August 28, 1997.
4. The compensation provided for in this section shall be payable inequal monthly installments and shall be consolidated with any retirementbenefits and compensation due pursuant to section 104.610 which is payableto the special consultant. The compensation provided for in this sectionshall be paid from the retirement fund for all members who retire afterAugust 30, 1980. The retirement fund shall be funded on a sound actuarialbasis for such benefits as prescribed in sections 104.070 and 104.436.Appropriations necessary to achieve a sound actuarial basis for theretirement fund shall be made from general revenue or any other fund duringthe three general assembly sessions next occurring after February 14, 1980.Appropriations to maintain the retirement fund on a continuing soundactuarial basis shall be made as necessary in accordance with theprovisions of sections 104.070, 104.436 and 104.438. For all members whoretire prior to September 1, 1980, the compensation provided for in thissection shall be funded as provided in sections 104.070 and 104.436.
5. The compensation provided for in this section shall be treated asany other state retirement benefits, payable by the Missouri stateemployees' retirement system or the transportation department and highwaypatrol retirement system are treated and shall not be subject to execution,garnishment, attachment, writ of sequestration, or any other process orclaim whatsoever, and shall be unassignable, anything to the contrarynotwithstanding.
6. 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.
7. (1) Any person who is receiving, on or after August 28, 1994, asurvivor benefit provided by the provisions of this chapter by virtue ofbeing a survivor of a member, a survivor of a judge as defined in section476.515, RSMo, or a survivor of an administrative law judge or legaladvisor as those terms are defined in section 287.812, RSMo, and who wasemployed prior to August 28, 1997, shall, upon application, be made,constituted, appointed and employed by the board as a special consultant onthe problems of retirement, aging, and other matters relating to survivorsof deceased members and upon the request of the appropriate board shallgive opinions, in writing or orally, in response to such requests of theboard. As compensation for the services required by this subsection, eachsuch special consultant shall receive, in addition to all othercompensation provided by law, a percentage increase in compensation eachyear, computed upon the amount which the special consultant received in theprevious year in survivor benefits from the system, of eighty percent ofthe increase in the consumer price index calculated in the manner specifiedin section 104.415. Any such increase in compensation, however, shall notexceed five percent, nor be less than four percent;
(2) The total increases in benefits received pursuant to thissubsection shall be limited by the following:
(a) In cases of death after retirement where an optional form ofpayment was elected by the retirant, the total increase shall not exceedsixty-five percent of the survivor benefit which would have been payablebased on the option elected and the original benefit amount payable to theretirant;
(b) In cases of death before retirement, the total increase shall notexceed sixty-five percent of the original survivor benefit amount.
8. As compensation for the services described in subsection 7 of thissection, each special consultant shall receive, in addition to all othercompensation provided by subsection 7 of this section, an annual percentageincrease in the survivor benefit payable equal to eighty percent of theincrease in the consumer price index. Such benefit increase, however,shall not exceed five percent of the survivor benefit payable prior to theincrease. The annual benefit increase described in this subsection shallnot be effective until the year in which the special consultant reaches thelimit on total annual increases provided by subsection 7 of this section.During that year on the anniversary date that the special consultant'sbenefit became payable, the special consultant shall receive the benefitincrease described in subsection 7 of this section or this subsection,whichever is greater. After that year, the special consultant shallreceive the annual benefit increase described in this subsection. Anyspecial consultant who reaches the limit on total annual benefit increasesprovided by subsection 7 of this section prior to October 1, 1996, shallreceive the benefit increase described in this subsection on September 1,1997. Any special consultant who reaches the limit on total annual benefitincreases provided by subsection 7 of this section on or after October 1,1996, but before September 1, 1997, shall receive the benefit increasedescribed in this subsection beginning on the anniversary date that thespecial consultant's benefit became payable following September 1, 1997.In no event shall any retroactive annual benefit increases be paid pursuantto this subsection to any special consultant who reached the limit providedin subsection 7 of this section prior to August 28, 1997.
9. The employment provided for by this subsection shall in no wayaffect any person's eligibility for retirement or survivor benefitspursuant to the provisions of this chapter, or in any way have the effectof reducing any retirement or survivor benefits, anything to the contrarynotwithstanding. An annual increase, if any is due, shall be payablemonthly beginning on a date specified by the board. Nothing in thissubsection shall be construed to prohibit a special consultant from waivingthe right to receive the annual increase provided pursuant to thissubsection. However, the waiver may not extend beyond the age permitted bythe Tax Equity and Fiscal Responsibility Act (TEFRA). The waiver shall befinal as to the annual increase waived.
10. (1) Any member who terminated employment on or after October 1,1984, who is receiving an annuity on September 1, 1997, and who had electedone of the options providing for a continuing lifetime annuity to asurviving spouse, and who has been made, constituted and appointed by theboard as a special consultant on the problems of retirement, aging, andother matters relating to retirement shall be eligible for additionalcompensation. As additional compensation for such services, each specialconsultant shall be eligible for the benefits described in thissubdivision. The annuity of a special consultant who is receiving benefitsunder option 1 of section 104.395, shall be reduced in the same manner asan annuity under option 2 of section 104.395, as in effect immediatelyprior to August 28, 1997. The annuity of a special consultant who isreceiving benefits under the provisions of option 2 of section 104.395, asin effect on or after August 13, 1986, but prior to August 28, 1997, shallbe determined in the same manner as an annuity under option 2 of section104.395, as in effect on September 1, 1997. The annuity of a specialconsultant who is receiving benefits under an annuity that provides for acontinuing lifetime annuity to a surviving spouse other than as previouslydescribed in this subdivision shall be reduced in a manner approved by theboard so as to be consistent with the other continuing lifetime annuitiesdescribed in this subdivision. Such annuities shall be adjusted for earlyretirement if applicable. The member's benefit shall include any formulaor minimum benefit increases or both, and cost-of-living increases theretired member would have received since the date of retirement had themember's benefit been calculated as described in this subdivision. Themember shall also receive a one-time payment in an amount equal to thedifference in the amount of retirement benefits that the member receivedand the amount the member would have received since the date of retirementhad the member's benefit been calculated as described in this subdivision.
(2) Any member who terminated employment on or after October 1, 1984,but before August 28, 1997, and who retires after August 28, 1997, mayelect at retirement to become a special consultant as provided for insubdivision (1) of this subsection and elect any option provided pursuantto section 104.395, as in effect on August 28, 1997.
(3) Any member who terminated employment on or after October 1, 1984,but retired prior to August 28, 1997, who applied for increased benefitspursuant to the provisions described in subsection 3 or subsection 4 ofsection 104.395, and whose spouse died prior to September 1, 1997, and whohas been made, constituted and appointed by the board as a specialconsultant on the problems of retirement, aging, and other matters relatingto retirement shall be eligible for additional compensation. As additionalcompensation for such services, such member shall receive a one-timepayment in an amount equal to the difference in the amount of retirementbenefits that the member received and the amount the member would havereceived since the date of retirement had the member's benefit beencalculated as described in subdivision (1) of this subsection.
(4) Any member who terminated employment on or after October 1, 1984,but retired before September 1, 1997, and who had elected a normal annuityat retirement, and who is receiving benefits on September 1, 1997, and whohas been made, constituted and appointed by the board as a specialconsultant on the problems of retirement, aging, and other matters relatingto retirement shall be eligible for additional compensation. As additionalcompensation for such services, beginning the first month following thedeath of the member, the member's surviving spouse who was married to themember of the transportation department and highway patrol retirementsystem on the date of retirement or the person who was married to themember of the Missouri state employees' retirement system on the date ofretirement shall receive monthly an amount equal to fifty percent of themonthly annuity the retired member was receiving at the time of themember's death.
(5) If a member dies on or after September 1, 1997, but prior toreceiving any one-time payment described in subdivision (1) of thissubsection, payment shall be issued to the surviving spouse who was marriedto the member at the date of the member's death. If there is no survivingspouse, payment will be issued to the member's estate.
(6) Any member who terminated employment on or after October 1, 1984,retired, became a special consultant on the problems of retirement, agingand other matters relating to retirement or applies to become such aconsultant, and whose annuity was not in pay status on September 1, 1997,pursuant to the provisions of section 104.380, shall be eligible foradditional compensation. As additional compensation for such services,each special consultant shall be eligible for the benefits described insubdivision (1), (3) or (4) of this subsection depending on the annuityselected by the member at the time of retirement. Any one-time paymentthat may be due shall be paid upon application for such benefit. Anyadjustment to a future annuity shall be made upon application forretirement or survivor benefits.
(7) Any person who received benefits pursuant to subsection 6 ofsection 104.335 prior to August 28, 1997, may apply to the board to becomea special consultant on the problems of retirement, aging, and othermatters relating to retirement. As compensation for such services, eachspecial consultant shall be eligible to receive upon making application forsuch benefits a one-time payment which shall be equal to the differencebetween the amount of benefits the person received and the amount ofbenefits the person would have received had the original benefit paymentbeen calculated under the actuarial assumptions in effect on August 28,1997.
(8) Any person who was married to a member of the Missouri stateemployees' retirement system at the time the member retired and such memberterminated employment on or after October 1, 1984, elected one of theoptions providing for a continuing lifetime annuity at the time ofretirement, and died prior to September 1, 1997, may apply to the board tobecome a special consultant on the problems of retirement, aging, and othermatters relating to retirement. As additional compensation for suchservices, the survivor benefit of the special consultant shall berecalculated in the manner described in subdivision (1) of this subsection.The special consultant shall also receive a one-time payment in an amountequal to the difference between the amount of retirement and survivorbenefits that the retired member and the special consultant received andthe amount of retirement and survivor benefits the retired member and thespecial consultant would have received since the date of retirement had theretired member's and the special consultant's benefits been calculated asdescribed in subdivision (1) of this subsection.
(9) Any person who was married to a member of the Missouri stateemployees' retirement system at the time the member retired and such memberterminated employment on or after October 1, 1984, retired after electing anormal annuity, and died prior to September 1, 1997, may apply to the boardto become a special consultant on the problems of retirement, aging, andother matters relating to retirement. As additional compensation for suchservices, the special consultant shall receive a monthly benefit in anamount equal to fifty percent of the monthly annuity the retired member wasreceiving at the time of the member's death, including any annual benefitincreases pursuant to subsections 7 and 8 of this section that occurredbetween the date of the member's death and the date of application. Suchbenefit shall commence upon application and shall include a one-timepayment, if necessary, so that the special consultant shall receive thesame amount that would have been paid to the special consultant had suchbenefit commenced the month following the death of the member.
(10) Any surviving spouse receiving benefits pursuant to theprovisions of section 104.420 as the result of the death of a member whoseemployment terminated on or after October 1, 1984, may apply to the boardto become a special consultant on the problems of retirement, aging, andother matters relating to retirement. As compensation for such services,the benefit of each special consultant shall be reduced in the same manneras an annuity under option 1 of section 104.395 as in effect on August 28,1997. The special consultant shall also receive a one-time payment in anamount equal to the difference between the amount of benefits that thesurvivor received and the amount of benefits the survivor would havereceived had the survivor's benefit been originally calculated as describedunder option 1 of section 104.395 as in effect on August 28, 1997.
