PURPOSE: This rule provides granting of creditable service for a person restored to employment when a dismissal is disapproved.

1. (1) In order for an employee to receive retirement credit for the period since his/her dismissal, the employee must be paid a salary or wage for that period of time and the appropriate contribution must be made to the retirement system. The amount of the salary or wage is not pertinent to the employee receiving retirement credit from the retirement system; the amount of salary or wage is a matter to be agreed upon by the department and the employee. However, the amount of salary or wage paid to the employee may affect the amount of the member’s retirement benefit. In addition to the previous requirements, any agreement where a dismissed employee receives retirement credit must be approved by a court of law, or administrative tribunal with jurisdiction, so that it has the effect of a court order.

   1. (A) The member shall be considered to be on a leave-of-absence without pay (no credit) for the period(s) for which the member receives no back wages, which will not constitute a break-in-service.

AUTHORITY: sections 104.500, RSMo (Supp. 1988).* Emergency rule filed March 25, 1987, effective April 14, 1987, expired Aug. 2, 1987. Original rule filed March 25, 1987, effective July 13, 1987. Amended: Filed Nov. 25, 1992, effective June 7, 1993. Amended: Filed Dec. 20, 1993, effective July 10, 1994.

*Original authority 1957, amended 1981, 1984, 1988.