Mo. Code Regs. Ann. tit. 16, § 10-5.010 – Service Retirement

PURPOSE: This rule sets forth the procedures for the claiming and payment of service retirement benefits under sections 169.070

eligible for a retirement benefit. A member shall not be deemed to have terminated

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

(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.
(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 ser-
(6) Part-time employment is any employment

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

June 1

(7) Effective July 1, 2015, for any employment teaching at a community college included in the system, each credit hour taught by a retired member will be the equivalent of thirty (30) hours for the purposes of this rule and section 169.560, RSMo, regardless of the number of hours actually worked by the retired member related to the course(s) School Year: Employer

Percentage of base salary allowed after retirement for school year

	retirement allowance. The limit on compensa-
employment if the member is employed in		July1	50%
	tion shall be determined as set forth in section
any capacity by an employer covered by the		August1	46%
	169.560, RSMo. If the position or positions
retirement system within one (1) month after		September 1	42%
	did not previously exist, a retired member
his or her effective date of retirement.
	may earn up to fifty percent (50%) of the	October1	38%
Effective July 1, 2016, a member shall not be	annual compensation payable for the position
		November 1	33%
deemed to have terminated employment if,	within the district that is most comparable to
		December 1	29%
prior to receipt of his or her first benefit pay-	the position filled by the retired member
		January 1	25%
ment, the member reaches an agreement,	without exceeding the compensation limit. If
whether written or unwritten, for future		February 1	21%
	such employment exceeds either the limita-
employment in any capacity by an employer	tion on hours worked or the limitation on	March1	17%
covered by the retirement system. The mem-	compensation, payment of benefits to the	April1	13%
ber shall be required to repay any benefit pay-	retired member shall cease until the employ-	May1	8%

the calendar month following the calendar
	which is less than full-time. Temporary-sub-	March1	183
month in which the services of the member
are terminated, or the first day of the calendar	stitute employment is any employment either	April1	138
month following the filing of the Application	in a position held by a regularly employed	May1	92
for Service Retirement, whichever is later;	person who is temporarily absent or in a
		June 1	0
except that the earliest date on which service	position which is temporarily vacant. A
retirement may become effective for a mem-	retired member may be employed by a district
ber retiring after receiving credit for a year of	included in the system to serve on a part-time	The working after retirement limits set forth
membership service shall be July 1, the first	or temporary-substitute basis in any capacity	in section 169.560, RSMo, shall be applied
day of the fiscal year following the termination	not to exceed five hundred fifty (550) hours	on a pro rata basis as provided below to a
	in any one (1) school year and through such	retiree’s base salary to determine the retiree’s
of services. Termination from employment
	employment may earn an amount not in	earnings limit during the school year in which
covered by the retirement system prior to the
	excess of the compensation limit set forth in	the retiree’s date of retirement is effective.
effective date of retirement is required to be

and 169.075, RSMo, and restrictions on	vices as a teacher, payment of the previously
employment as provided by section 169.560,	determined retirement allowance shall be
RSMo.	resumed.		Hours allowed after retirement
		Effective date of retirement	for school year
(1) A member qualifying for service retire-	(5) Except as provided in section (6), a retire-	July1	550
ment shall file a written application with the	ment allowance shall not be paid a retired	August1	504
board of trustees on a form provided by the	member during any month in which compen-	September1	458
board before s/he can become eligible to	sation is earned as specified in section	October1	413
receive retirement allowance payments.	169.560, RSMo; provided that this rule shall	November1	367
	not apply to employment with a state college,	December1	321
(2) The earliest date on which service retire-	a state university, or any state agency.	January1	275
ment may become effective is the first day of
		February 1	229

taught. For any said course(s) taught during summer session, all hours for said course(s) shall be counted as having occurred during the school year in which the course(s) commence. Any hours worked performing additional duties for a community college not related to said course(s) for which a retired member receives compensation above and beyond that received for teaching said course(s) shall be counted on an hour-byhour basis for the purposes of this rule and section 169.560, RSMo. (8) 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 requirements and restrictions of section 169.560, RSMo. (9) 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.

(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.
(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.
(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.
(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.
(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.

(10) 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.
(11) 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.
(12) 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 “insurable 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.
(13) 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.
(14) 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.
(15) 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.
(16) Any actuarial adjustment to a retirement allowance payment made because of the nomination of a successor beneficiary as provided System of Missouri

in 169.141, RSMo, shall take effect in the month a properly completed nomination of successor beneficiary form is received by the Retirement System or the month of the retiree’s marriage to the successor beneficiary, whichever occurs later. The nomination of a successor beneficiary shall be effective immediately upon receipt by the Retirement System of the properly completed nomination of successor beneficiary form or the date of the retiree’s marriage to the successor beneficiary, whichever occurs later. (17) 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 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.

(18) 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,“early retirement incentive” shall have the same definition as “consideration for agreeing to terminate employment” provided in 16 CSR 10-3.010(9)(B)6., except that it shall not include retirement notice or separation notice incentives of total value of five thousand dollars ($5,000) or less for providing notice of intent to retire or separate employment.
4. (D) 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).
5. (E) A school district hiring a PSRS retiree under section 169.596, RSMo, shall certify to PSRS through the Online Automated System Integrated Solution (OASIS) or in another manner acceptable to PSRS that—
  1. 1. It has met the requirements of section

169.596, RSMo;

2. It has not exceeded the limit on the

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

3. The retired certificated teacher has

been employed by the school district in a position that requires a certificate issued by DESE. (19) If the designated joint and survivor beneficiary of a retiree who elected Option 2, 3, or 4 dies before the retired member, the retired member’s retirement allowance will be increased to the amount the retired member would be receiving had the retired member elected Option 1. The increase in retirement allowance shall be effective the month of the beneficiary’s death. AUTHORITY: section 169.020, RSMo Supp. 2013.* 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. Amended: Filed July 2, 2012, effective Dec. 30, 2012. Amended: Filed June 24, 2013, effective Jan. 30, 2014. Amended: Filed Dec. 9, 2014, effective June 30, 2015. Amended: Filed April 14, 2015, effective Oct. 30, 2015.

*Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998, 2005, 2009, 2013.