State Codes and Statutes
Statutes > Missouri > T18 > C287 > 287_856Administrative law judges and legal advisors serving in armed forcesmay elect to purchase creditable prior service--contributions, paymentperiod--surviving spouse may receive refund.
287.856. 1. Any administrative law judge or legal advisor as definedin section 287.812 who had performed active service in the United StatesArmy, Air Force, Navy, Marine Corps, Army or Air National Guard, CoastGuard, or any reserve component thereof prior to becoming a member and whobecame a member after his discharge under honorable conditions may elect,prior to retirement, to purchase all of the member's creditable priorservice equivalent to such service in the armed forces, but not to exceedfour years. The purchase shall be effected by the member's submission ofappropriate documentation verifying the member's dates of active serviceand by paying to the Missouri state employees' retirement system an amountequal to what would have been contributed by the state on the member'sbehalf had he been a member for the period for which the member is electingto purchase credit and had the member's compensation during such period ofmembership been the same as the annual salary rate at which the member wasinitially employed by a department, with the calculations based on thecontribution rate in effect on the date of employment as an administrativelaw judge or legal advisor with simple interest at the same rate in effectat the time of election used by the Missouri state employees' retirementsystem calculated from the date of such employment from which the membercould first receive creditable service to the date of election under thissubsection. The payment shall be made over a period of not longer than twoyears, measured from the date of election, and with simple interest on theunpaid balance. Payments made for such creditable prior service under thissection shall be treated by the Missouri state employees' retirement systemas would contributions made by the state and shall not be subject to anyprohibition on member contributions or refund provisions in effect August28, 1992.
2. The surviving spouse of any deceased member who purchasedcreditable prior service for service in the armed forces of the UnitedStates pursuant to subsection 1 of this section and who died prior toretirement may, upon written request, receive a refund of the amountcontributed for such purchase of creditable prior service provided thesurviving spouse is not entitled to a survivorship benefit payable underthe provisions of section 104.420, RSMo.
(L. 1992 S.B. 499, et al. § 287.860, A.L. 1997 H.B. 356)
