Membership--prior service credit, withdrawal--reinstatementcontributions.
169.050. 1. On and after the effective date of sections 169.010 to169.140, all employees as defined in sections 169.010 to 169.141 ofdistricts included in the retirement system thereby created shall bemembers of the system by virtue of their employment, except as provided bysection 104.342, RSMo. Individuals who qualify as independent contractorsunder the common law and are treated as such by their employer shall not beconsidered employees for purposes of membership in or contributions to theretirement system.
2. Any person who becomes a member before the end of the school yearnext following the date on which the system becomes operative may claimcredit for service rendered as an employee in Missouri prior to suchoperative date, or for service rendered in the armed forces of the UnitedStates during a period of war, the same as if the person were a teacher,provided the person was a teacher in Missouri at the time the person wasinducted, by filing with the board of trustees, within such time as theboard may specify, a complete and detailed record of the service for whichcredit is claimed, together with such supporting evidence as the board mayrequire for verification of the record. To the extent that the board findsthe record correct, it shall credit the claimant with prior service andshall notify the claimant of its decision, but the amount of such creditshall not exceed thirty years.
3. No prior service credit shall be granted to any person who becomesa member after the first year of the system's operation, except as providedin subsection 5 of this section unless that person's failure to become amember before or during that year was due either to service in the armedforces of the United States or to attendance at a recognized educationalinstitution for professional improvement; provided, that the board oftrustees may grant prior service credit to a teacher who taught prior toAugust 1, 1945, if the teacher returns to teaching before July 1, 1950, andif such teacher teaches in the public schools of Missouri not less thanseven years after returning before retirement, or the board of trustees maygrant prior service credit to a teacher who taught prior to August 1, 1945,if the teacher returns to teaching and teaches at least one-half of thenumber of years between July 1, 1946, and age sixty but not less than sevenyears after returning before retirement, except that a member who will havethirty-five or more years of teaching service in Missouri at retirementshall be required to teach not less than three years after returning andbefore retirement. A person serving in the armed forces of the UnitedStates shall have the same right to prior service credit as one who becamea member before the end of the first year of the system's operation, if theperson becomes a member within one year of the date of the person'sdischarge from such service or within one year of such date plus time spentas a student in a standard college or university in further preparation forservice as a public school employee. A person attending a recognizededucational institution for the person's professional improvement shallhave the same right to prior service credit as one who became a memberbefore the end of the first year of the system's operation, if the personbecomes a member within three years following the date on which the systembecame operative, and within one year of the date on which the person'sattendance at such institution ceased.
4. Membership shall be terminated by failure of a member to earn anymembership credit as a public school employee under this system for fiveconsecutive school years, by death, withdrawal of contributions, orretirement.
5. If a member withdraws or is refunded the member's contributions,the member shall thereby forfeit any creditable service the member mayhave; provided, however, if such person again becomes a member of thesystem, the person may elect to reinstate the creditable service forfeitedat times of previous withdrawals or refunds. The reinstatement shall beeffected by the member paying to the retirement system with interest thetotal amount of accumulated contributions withdrawn by the member orrefunded to the member with respect to the service being reinstated. Amember may reinstate less than the total service previously forfeited, inaccordance with rules promulgated by the board of trustees. The paymentshall be completed prior to termination of membership with the retirementsystem with interest on the unpaid balance; provided, however, that if amember is retired on disability before completing such payments, thebalance due with interest may be deducted from the member's disabilityretirement allowance.
(L. 1945 p. 1353 § 5, A.L. 1945 p. 1381 § 5, A.L. 1949 p. 525, A.L. 1953 p. 480, A.L. 1957 p. 432, A.L. 1967 p. 250, A.L. 1978 S.B. 906, A.L. 1979 S.B. 38, A.L. 1981 H.B. 33, et al., A.L. 1984 S.B. 407, A.L. 1987 H.B. 558, et al., A.L. 1988 H.B. 1100, et al., A.L. 1990 H.B. 1347, et al., A.L. 1992 S.B. 499, et al., A.L. 1996 S.B. 860, A.L. 1997 S.B. 309, A.L. 1998 S.B. 733, A.L. 2003 H.B. 346 & 174)
Membership--prior service credit, withdrawal--reinstatementcontributions.
169.050. 1. On and after the effective date of sections 169.010 to169.140, all employees as defined in sections 169.010 to 169.141 ofdistricts included in the retirement system thereby created shall bemembers of the system by virtue of their employment, except as provided bysection 104.342, RSMo. Individuals who qualify as independent contractorsunder the common law and are treated as such by their employer shall not beconsidered employees for purposes of membership in or contributions to theretirement system.
2. Any person who becomes a member before the end of the school yearnext following the date on which the system becomes operative may claimcredit for service rendered as an employee in Missouri prior to suchoperative date, or for service rendered in the armed forces of the UnitedStates during a period of war, the same as if the person were a teacher,provided the person was a teacher in Missouri at the time the person wasinducted, by filing with the board of trustees, within such time as theboard may specify, a complete and detailed record of the service for whichcredit is claimed, together with such supporting evidence as the board mayrequire for verification of the record. To the extent that the board findsthe record correct, it shall credit the claimant with prior service andshall notify the claimant of its decision, but the amount of such creditshall not exceed thirty years.
3. No prior service credit shall be granted to any person who becomesa member after the first year of the system's operation, except as providedin subsection 5 of this section unless that person's failure to become amember before or during that year was due either to service in the armedforces of the United States or to attendance at a recognized educationalinstitution for professional improvement; provided, that the board oftrustees may grant prior service credit to a teacher who taught prior toAugust 1, 1945, if the teacher returns to teaching before July 1, 1950, andif such teacher teaches in the public schools of Missouri not less thanseven years after returning before retirement, or the board of trustees maygrant prior service credit to a teacher who taught prior to August 1, 1945,if the teacher returns to teaching and teaches at least one-half of thenumber of years between July 1, 1946, and age sixty but not less than sevenyears after returning before retirement, except that a member who will havethirty-five or more years of teaching service in Missouri at retirementshall be required to teach not less than three years after returning andbefore retirement. A person serving in the armed forces of the UnitedStates shall have the same right to prior service credit as one who becamea member before the end of the first year of the system's operation, if theperson becomes a member within one year of the date of the person'sdischarge from such service or within one year of such date plus time spentas a student in a standard college or university in further preparation forservice as a public school employee. A person attending a recognizededucational institution for the person's professional improvement shallhave the same right to prior service credit as one who became a memberbefore the end of the first year of the system's operation, if the personbecomes a member within three years following the date on which the systembecame operative, and within one year of the date on which the person'sattendance at such institution ceased.
4. Membership shall be terminated by failure of a member to earn anymembership credit as a public school employee under this system for fiveconsecutive school years, by death, withdrawal of contributions, orretirement.
5. If a member withdraws or is refunded the member's contributions,the member shall thereby forfeit any creditable service the member mayhave; provided, however, if such person again becomes a member of thesystem, the person may elect to reinstate the creditable service forfeitedat times of previous withdrawals or refunds. The reinstatement shall beeffected by the member paying to the retirement system with interest thetotal amount of accumulated contributions withdrawn by the member orrefunded to the member with respect to the service being reinstated. Amember may reinstate less than the total service previously forfeited, inaccordance with rules promulgated by the board of trustees. The paymentshall be completed prior to termination of membership with the retirementsystem with interest on the unpaid balance; provided, however, that if amember is retired on disability before completing such payments, thebalance due with interest may be deducted from the member's disabilityretirement allowance.
(L. 1945 p. 1353 § 5, A.L. 1945 p. 1381 § 5, A.L. 1949 p. 525, A.L. 1953 p. 480, A.L. 1957 p. 432, A.L. 1967 p. 250, A.L. 1978 S.B. 906, A.L. 1979 S.B. 38, A.L. 1981 H.B. 33, et al., A.L. 1984 S.B. 407, A.L. 1987 H.B. 558, et al., A.L. 1988 H.B. 1100, et al., A.L. 1990 H.B. 1347, et al., A.L. 1992 S.B. 499, et al., A.L. 1996 S.B. 860, A.L. 1997 S.B. 309, A.L. 1998 S.B. 733, A.L. 2003 H.B. 346 & 174)
Membership--prior service credit, withdrawal--reinstatementcontributions.
169.050. 1. On and after the effective date of sections 169.010 to169.140, all employees as defined in sections 169.010 to 169.141 ofdistricts included in the retirement system thereby created shall bemembers of the system by virtue of their employment, except as provided bysection 104.342, RSMo. Individuals who qualify as independent contractorsunder the common law and are treated as such by their employer shall not beconsidered employees for purposes of membership in or contributions to theretirement system.
2. Any person who becomes a member before the end of the school yearnext following the date on which the system becomes operative may claimcredit for service rendered as an employee in Missouri prior to suchoperative date, or for service rendered in the armed forces of the UnitedStates during a period of war, the same as if the person were a teacher,provided the person was a teacher in Missouri at the time the person wasinducted, by filing with the board of trustees, within such time as theboard may specify, a complete and detailed record of the service for whichcredit is claimed, together with such supporting evidence as the board mayrequire for verification of the record. To the extent that the board findsthe record correct, it shall credit the claimant with prior service andshall notify the claimant of its decision, but the amount of such creditshall not exceed thirty years.
3. No prior service credit shall be granted to any person who becomesa member after the first year of the system's operation, except as providedin subsection 5 of this section unless that person's failure to become amember before or during that year was due either to service in the armedforces of the United States or to attendance at a recognized educationalinstitution for professional improvement; provided, that the board oftrustees may grant prior service credit to a teacher who taught prior toAugust 1, 1945, if the teacher returns to teaching before July 1, 1950, andif such teacher teaches in the public schools of Missouri not less thanseven years after returning before retirement, or the board of trustees maygrant prior service credit to a teacher who taught prior to August 1, 1945,if the teacher returns to teaching and teaches at least one-half of thenumber of years between July 1, 1946, and age sixty but not less than sevenyears after returning before retirement, except that a member who will havethirty-five or more years of teaching service in Missouri at retirementshall be required to teach not less than three years after returning andbefore retirement. A person serving in the armed forces of the UnitedStates shall have the same right to prior service credit as one who becamea member before the end of the first year of the system's operation, if theperson becomes a member within one year of the date of the person'sdischarge from such service or within one year of such date plus time spentas a student in a standard college or university in further preparation forservice as a public school employee. A person attending a recognizededucational institution for the person's professional improvement shallhave the same right to prior service credit as one who became a memberbefore the end of the first year of the system's operation, if the personbecomes a member within three years following the date on which the systembecame operative, and within one year of the date on which the person'sattendance at such institution ceased.
4. Membership shall be terminated by failure of a member to earn anymembership credit as a public school employee under this system for fiveconsecutive school years, by death, withdrawal of contributions, orretirement.
5. If a member withdraws or is refunded the member's contributions,the member shall thereby forfeit any creditable service the member mayhave; provided, however, if such person again becomes a member of thesystem, the person may elect to reinstate the creditable service forfeitedat times of previous withdrawals or refunds. The reinstatement shall beeffected by the member paying to the retirement system with interest thetotal amount of accumulated contributions withdrawn by the member orrefunded to the member with respect to the service being reinstated. Amember may reinstate less than the total service previously forfeited, inaccordance with rules promulgated by the board of trustees. The paymentshall be completed prior to termination of membership with the retirementsystem with interest on the unpaid balance; provided, however, that if amember is retired on disability before completing such payments, thebalance due with interest may be deducted from the member's disabilityretirement allowance.
(L. 1945 p. 1353 § 5, A.L. 1945 p. 1381 § 5, A.L. 1949 p. 525, A.L. 1953 p. 480, A.L. 1957 p. 432, A.L. 1967 p. 250, A.L. 1978 S.B. 906, A.L. 1979 S.B. 38, A.L. 1981 H.B. 33, et al., A.L. 1984 S.B. 407, A.L. 1987 H.B. 558, et al., A.L. 1988 H.B. 1100, et al., A.L. 1990 H.B. 1347, et al., A.L. 1992 S.B. 499, et al., A.L. 1996 S.B. 860, A.L. 1997 S.B. 309, A.L. 1998 S.B. 733, A.L. 2003 H.B. 346 & 174)
