State Codes and Statutes
Statutes > Missouri > T11 > C169 > 169_055Purchase of equivalent service, leave of absence--part-time teachersmay receive creditable service, when.
169.055. 1. A member who is assigned to a leave of absence by themember's employer, with compensation provided in the contract of employmentfor the leave period to be not less than fifty percent of the amount whichwould have been paid had the member not been on leave, may acquirecreditable service for the period of leave. A member may elect to receivecredit for the time spent on leave of absence at the time of the leave ofabsence and shall retain continued membership in the system during theleave period provided the full contributions are withheld and remitted onthe basis of the compensation which would have been received if the memberhad not been on leave of absence and the employer's matching amount isremitted on the basis of the same amount of compensation which would havebeen paid if the member had not been on leave of absence.
2. Notwithstanding any provision of this chapter to the contrary, anyperson employed as of August 28, 1993, by the department of elementary andsecondary education whose employment is covered by the retirement systemprovided by sections 169.010 to 169.141, and who without terminating thatemployment subsequently becomes a part-time employee of that department ina position requiring services for at least twenty hours per week on aregular basis, may elect within ninety days of August 28, 1993, or withinninety days of the date upon which the part-time employment begins,whichever is later, to be covered by that retirement system and shallreceive pro rata creditable service with that retirement system for suchpart-time employment. Credit shall not be allowable in both thatretirement system and another Missouri public retirement system for suchemployment.
(L. 1945 p. 1353 § 5, A.L. 1945 p. 1381 § 5, A.L. 1949 p. 525, A.L. 1953 p. 480 § 169.050, A.L. 1957 p. 432, A.L. 1967 p. 250, A.L. 1981 H.B. 33, et al., A.L. 1984 H.B. 1470, A.L. 1985 H.B. 463, A.L. 1986 S.B. 616, A.L. 1987 H.B. 558, et al., A.L. 1988 H.B. 1100, et al., A.L. 1989 H.B. 610 merged with S.B. 146, A.L. 1990 H.B. 1347, et al., A.L. 1992 H.B. 926, A.L. 1993 S.B. 126, A.L. 1994 S.B. 575, A.L. 1995 S.B. 378, A.L. 1996 S.B. 860)Effective 7-1-98
(1987) Veteran of National Guard had no claim against Public School Retirement System for updated pension rights where veteran failed to plead facts essential to establish appellant's right to contribution under this section or facts showing the noncompliance of the school district with this section. Dailey v. Ferguson/Florissant Sch. Dist., 733 S.W.2d 861 (Mo. App.).
(1989) Pension credit may not be denied for periods in which teacher received military service retirement credit. Federal statute which provides the retirement credits due a reservist under federal law cannot be excluded in determining eligibility for civilian employment pension benefits under any other law preempts Missouri law. (E.D.Mo.) Dailey v. Public School Retirement System of Mo., 707 F.Supp. 1087.
