PURPOSE: This rule sets forth the procedures for the claiming and payment of service retirement benefits under sections 169.070 and 169.075, RSMo and restrictions on employment as provided by section 169.560, RSMo.

1. (1) A member qualifying for service retirement shall file a written application with the board of trustees on a form provided by the board before s/he can become eligible to receive retirement allowance payments.
2. (2) The earliest date on which service retirement may become effective is the first day of the calendar month following the calendar month in which the services of the member are terminated, or the first day of the calendar month following the filing of the Application for Service Retirement, whichever is later; except that the earliest date on which service retirement may become effective for a member retiring after receiving credit for a year of membership service shall be July 1, the first day of the fiscal year following the termination of services. Termination from employment covered by the retirement system prior to the effective date of retirement is required to be eligible for a retirement benefit. A

it is determined that the member did not terminate employment covered by the retirement system.

1. (3) The first retirement allowance, because of service retirement, shall be paid not later than the calendar month immediately following the month in which the application is approved. The first payment after the approval shall include any allowances which have accrued between the effective date of retirement and the date of the first payment.
2. (4) Except as provided in section (6), if a retired member receiving a retirement allowance returns to employment in a position covered by the retirement system, the retirement allowance shall cease, s/he shall become a new member of the retirement system and shall make contributions to the system. Upon a subsequent termination of services as a teacher, payment of the previously determined retirement allowance shall be resumed.
3. (5) Except as provided in section (6), a retirement allowance shall not be paid a retired member during any month in which compensation is earned as specified in section 169.560, RSMo; provided that this rule shall not apply to employment with a state college, a state university, or any state agency.
4. (6) Part-time employment is any employment which is less than full-time. Temporary-substitute employment is any employment either in a position held by a regularly employed person who is temporarily absent or in a position which is temporarily vacant. A retired member may be employed by a district included in the system to serve on a part-time or temporary-substitute basis in any capacity not to exceed five hundred fifty (550) hours in any one (1) school year and through such employment may earn an amount not in excess of the compensation limit set forth in this rule and section 169.560, RSMo, without a discontinuance of the retired member’s

ment terminates or a new school year begins. This rule shall not apply to employment with a state college, a state university, or any state agency. The employer covered by the Public School Retirement System of Missouri and the retiree shall maintain a log of all dates worked, hours worked, wage earned, and the employer. The employer and retiree shall provide a copy of the work log upon request of retirement system. 16 CSR 10-5

Employee Name: Date Worked Hours Worked Wage Earned

The working after retirement limits set forth in section 169.560, RSMo, shall be applied on a pro rata basis as provided below to a retiree’s hours of work during the school year in which the retiree’s date of retirement is effective.

Effective date of retirement July 1 August 1 September 1 October 1 November 1 December 1 January 1 February 1 March 1 April 1 May 1 June 1

The working after retirement limits set forth in section 169.560, RSMo, shall be applied on a pro rata basis as provided below to a retiree’s base salary to determine the retiree’s earnings limit during the school year in which the retiree’s date of retirement is effective.

Percentage of base salary allowed

Effective date of retirement after retirement for school year

June 1 0%

1. (7) For purposes of applying the provisions of section 169.560, RSMo only, no state college, state university, or state agency shall be considered to be a district, employer, or public school as those terms are defined in section 169.010, RSMo. Any retired member who is employed by a state college, a state university, or any state agency shall not be subject to the School Year: Employer

Hours allowed after retirement for school year

requirements and restrictions of section 169.560, RSMo.

1. (8) Any person who is receiving or has received a retirement allowance from the system, other than a disability retirement allowance, who returns to employment in a position covered by the system shall undertake such employment under a new and separate membership in the system.

   1. (A) Such person shall be eligible for a subsequent retirement allowance after one (1) year of creditable service under the new membership in the system. Such subsequent retirement allowance shall be separate and distinct from such person’s previous retirement allowance.
   2. (B) After earning at least one (1) year of creditable service and upon termination of employment under the subsequent membership with the system, such person may: 1) withdraw from the system and receive a refund of the person’s contributions made during the subsequent membership and interest credited thereon; 2) apply for a subsequent retirement allowance; or 3) leave the contributions with the system.
   3. (C) Such person shall not receive a retirement allowance for any previous membership service while the person is earning creditable service under a subsequent membership with the system.
   4. (D) The minimum benefit amounts provided in section 169.070.17, RSMo, shall not apply to any retirement allowance other than such person’s initial retirement allowance provided by the system.
   5. (E) All previous years of creditable service, not otherwise forfeited, will be considered to determine the formula factor to be used in calculating the subsequent retirement allowance.
2. (9) For the purpose of determining eligibility for retirement as a result of the sum of a member’s age and years of creditable service equaling eighty (80) years or more, the member’s age shall be determined by adding the member’s age on the date of his or her most recent birthday and the partial year following the member’s most recent birthday. Such partial year shall be determined by converting the member’s age to the nearest day into a number rounded to the nearest hundred-thousandth.
3. (10) A member electing Option 2, Option 3, or Option 4 in his/her application for service retirement shall furnish proof of date of birth of the person nominated to receive the survivorship payments.
4. (11) The member electing Option 2, Option 3, or Option 4 in his/her application for service retirement shall indicate the relationship establishing an insurable interest in his/her life for the person nominated and, if requested by the board, shall furnish evidence of the existence of the insurable interest. An “in - surable interest” shall be considered to exist because of the relationship to a member of a wife, husband, father, mother, child (including a stepchild or adopted child), or any other person who has a financial interest in the continued life of the member or who is dependent upon the member for all or part of his/her support.
5. (12) Any member retiring under the provisions of section 169.563, RSMo shall have the same rights of retirement benefit plan election as a member retiring under section 169.070, RSMo. Further, the surviving spouse of any member who dies prior to retirement and while eligible to retire under section 169.563, RSMo shall have the same survivorship benefit rights as provided under section 169.070, RSMo.
6. (13) A member who has made additional deposits with the system will, upon retirement, receive an addition to the retirement allowance provided for in section 169.070, RSMo unless s/he elects to withdraw his/her accumulated deposits without interest.
7. (14) The provisions of subsection 15 of section 169.070, RSMo shall be applicable to retirement allowance payments made on September 30, 1987 and thereafter. In determining any increase in benefits allowable under subsection 15 to those retirees receiving benefits under section 169.070.9(4), RSMo the “retirement allowance” shall be deemed to be the amount which would have been payable had the allowance not been reduced to two-thirds (2/3) as provided in section 169.070.9(4), RSMo.
8. (15) The effective date of a retirement allowance payment made because of the nomination of a successor beneficiary as provided in House Bill 496 enacted by the 87th General Assembly shall be the next regular payment date following receipt in the retirement office of the properly completed nomination of successor beneficiary form.
9. (16) The effective date of any monthly benefit to a service retiree shall be the first day of the calendar month following the event establishing eligibility for the benefit, assuming all other requirements of the law and rules of the board of trustees have been met. Monthly System of Missouri

benefit payments shall be made on the last day of each calendar month and shall be only for complete months. The initial payment shall include all benefits accrued since the effective date.

1. (17) Pursuant to section 169.596, RSMo, a retired certificated teacher receiving a retirement benefit from the Public School Retirement System of Missouri (PSRS) may teach full-time for up to two (2) years for a PSRS-covered school district without a suspension of his or her retirement benefit provided that such school district certifies that it has met the requirements set forth in section 169.596, RSMo, and provided that such school district does not exceed the limit on the number of PSRS retirees that may be hired pursuant to section 169.596, RSMo.

   1. (A) As used in section 169.596, RSMo, “teacher” shall have the same definition as provided in section 169.010(17), RSMo.
   2. (B) As used in section 169.596.1, RSMo, “full-time” shall have the same definition as provided in 16 CSR 10-4.005(4).
   3. (C) As used in section 169.596, RSMo, “teach” shall mean to be employed in a position that requires a certificate issued by the Missouri Department of Elementary and Secondary Education (DESE).

   4. (D) A school district hiring a PSRS retiree under section 169.596, RSMo, shall certify to PSRS through the Electronic Monthly Employer Reporting System (EMERS) or in another manner acceptable to PSRS that:

      1. 1. It has met the requirements of section

169.596, RSMo;

1. 2. It has not exceeded the limit on the

number of PSRS retirees it may hire under section 169.596, RSMo; and

1. 3. The retired certificated teacher has

been employed by the school district in a position that requires a certificate issued by DESE.

AUTHORITY: section 169.020, RSMo Supp. 2010.* Original rule filed Dec. 19, 1975, effective Jan. 1, 1976. Amended: Filed June 10, 1980, effective Sept. 15, 1980. Emergency amendment filed Sept. 10, 1987, effective Sept. 20, 1987, expired Jan. 18, 1988. Amended: Filed Sept. 10, 1987, effective Jan. 29, 1988. Emergency amendment filed Dec. 29, 1987, effective Jan. 8, 1988, expired April 27, 1988. Amended: Filed Dec. 29, 1987, effective May 26, 1988. Emergency amendment filed Aug. 24, 1988, effective Sept. 3, 1988, expired Jan. 1, 1989. Amended: Filed Aug. 24, 1988, effective Dec. 29, 1988. Emergency amendment filed Dec. 20, 1989, effective Dec. 30, 1989, expired April 29, 1990. Amended: Filed Dec. 20, 1989, effective April 12, 1990. Amended: Filed Nov. 8, 1991, effective March 9, 1992. Amended: Filed April 29, 1993, effective July 1, 1994. Amended: Filed June 28, 1993, effective Dec. 9, 1993. Amended: Filed Oct. 29, 1993, effective May 9, 1994. Amended: Filed July 31, 1995, effective Feb. 25, 1996. Amended: Filed Feb. 26, 1996, effective Aug. 30, 1996. Amended: Filed Aug. 9, 1999, effective Feb. 29, 2000. Amended: Filed Aug. 29, 2003, effective Feb. 29, 2004. Amended: Filed Nov. 1, 2006, effective April 30, 2007. Amended: Filed Jan. 4, 2010, effective July 1, 2010. Amended: Filed July 20, 2010, effective Jan. 30, 2011. *Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998, 2005, 2009.