PURPOSE: This rule provides for membership based on employment for persons not qualified for or entitled to membership in the public school retirement system, as authorized by sections 169.600 and 169.650, RSMo and for rights to retain membership under certain specified conditions.

1. (1) A person shall be considered to be regularly employed if s/he is employed in a position which continuously requires services for at least twenty (20) hours per week for the school term or for that part of the term which remains at the time of his/her employment, or for a specified period within the term; provided that a person employed for less than one (1) month shall not be considered regularly employed.
2. (2) The employer of any person eligible for membership in the retirement system under the provisions of section 169.600.15, RSMo shall furnish to the board of trustees a certified copy of a resolution adopted by the governing body responsible for the administration of the junior college district before any such person shall be considered eligible for membership. This resolution shall request the board of trustees to grant membership to the eligible employees of the district who are now or may become eligible for membership and shall indicate that the governing body will assume full responsibility for the withholding of contributions from the salaries paid to such persons and for the remittance of contributions to the retirement system (also see 16 CSR 10-2.010 and 16 CSR 10-3.010).
3. (3) Any person whose employment renders him/her eligible for membership in The Public School Retirement System of Missouri as of August 13, 1984, who on that date was a member of The Nonteacher School Employee Retirement System of Missouri because of that employment, may elect continued coverage under The Nonteacher School Employee Retirement System of Missouri as long as s/he remains in that same position with the same employer. The election must be made in writing and filed with the board of trustees prior to July 1, 1985, and will be irrevocable after that date. If the election is not made prior to July 1, 1985, the person shall establish membership in and contribute to The Public School Retirement System of Missouri for services rendered in that position after June 30, 1985, as long as s/he remains eligible for membership under section 169.010(16), RSMo (see 16 CSR 10- 2.010(8)(C) for the Public School Retirement System).
4. (4) Any person whose employment is fulltime as defined by The Public School Retirement System of Missouri and is thus eligible as of July 1, 1995, for coverage under The Public School Retirement System of Missouri, and which employment prior to July 1, 1995, required membership in the Nonteacher School Employee Retirement System of Missouri, may make an irrevocable election for continued membership under the nonteacher school employee retirement system for the duration of employment in the same position with the same employer if the election is made in writing and filed with the board of trustees by September 30, 1995. If the election is not filed by that date, the employee shall participate as of July 1, 1995, in The Public School Retirement System of Missouri because of that employment as long as the person remains eligible for membership under section 169.010(16), RSMo.

AUTHORITY: section 169.610, RSMo 1986.* Original rule filed Dec. 19, 1975, effective Jan. 1, 1976. Emergency amendment filed July 3, 1984, effective July 13, 1984, expired Nov. 10, 1984. Amended: Filed Jan. 17, 1986, effective June 12, 1986. Amended: Filed Aug. 4, 1994, effective Feb. 26, 1995.

*Original authority: 169.610, RSMo 1965, amended 1977.