PURPOSE: The state of Missouri adopted a retirement incentive providing health insurance at the active rate for five (5) years for eligible retirees meeting specific criteria. State agencies are allowed to fill only twentyfive percent (25%) of the positions vacated because of the retirement incentive between February 1, 2003 and September 1, 2003. Exceptions to the twenty-five percent (25%) restriction may be made for critical or seasonal positions, or positions which are entirely federally funded. This rule establishes the definitions of those exceptions.

1. (1) Critical Positions Exceptions Defined. For purposes of this rule, critical positions are defined as follows:

   1. (A) Physicians, psychiatrists, psychologists, security aides, registered nurses, licensed practical nurses, nursing assistants, psychiatric aides, developmental assistants, and teacher and teacher aides and therapists in the schools for the severely handicapped, deaf and blind when those positions are involved in the direct care and treatment of patients and students;
   2. (B) Social service workers, social service supervisors I, caseworkers, self-sufficiency case managers, Income Maintenance (IM) supervisor I, Division of Family Services

2. (DFS) county directors, when those positions are required to meet the daily subsistence needs of recipients of state services;

   1. (C) Correction officers, correction supervisors, probation and parole officers, judiciary staff, capitol police, youth specialists, youth group leaders, water patrol, when those positions are required to ensure the public health and safety of the public; and
   2. (D) Department directors may petition to the commissioner of administration for the inclusion of specific positions where it is demonstrated that there is imminent risk to human health and safety or substantial revenues will be lost with no opportunity for future recovery if the position(s) remains vacant.

3. (2) Definitions of Seasonal and Federally Funded Positions. For purposes of this rule, seasonal and federally funded positions are defined as follows:

   1. (A) Seasonal employees are defined as employees in positions involving short term, 1 CSR 10-18

part-time or intermittent work schedules which do not exceed one thousand (1,000) hours per year, and who are eligible to retire based on prior state service in benefit eligible positions. Such seasonal positions may be refilled; and

1. (B) Entirely federally funded positions are defined as positions that have been funded one hundred percent (100%) with federal funds for the previous twelve (12) months.

1. (3) Department of Transportation and Department of Conservation. As provided by the authorizing statute, should the highway commission that governs the health care plans of the Missouri Department of Transportation and the Missouri Highway Patrol and the Conservation Commission of the Department of Conservation exercise the option to offer the medical benefit provided by the authorizing statute, each agency shall adhere to the provision of not refilling more than twentyfive percent (25%) of the vacated positions. No exceptions shall be granted except those otherwise expressed by this rule.
2. (4) Specific Educational Institutions. As provided by the authorizing statute, the provisions of this rule do not apply to Truman University, Lincoln University, or the educational institutions described in section 174.020, RSMo.

AUTHORITY: 104.404, RSMo Supp. 2003.* Emergency rule filed Aug. 27, 2003, effective Sept. 12, 2003, expired March 9, 2004. Original rule filed July 21, 2003, effective Feb. 29, 2004.

*Original authority: 104.404, RSMo 2003.