PURPOSE: This rule describes when a Participant vests in his or her defined contribution plan account.

1. (1) Vesting. A Participant’s interest in his or her Board matching account and Employer matching account shall become fully vested and nonforfeitable upon his or her completion of five (5) Years of Service, or upon the Participant’s death (if the Participant dies before his or her Separation from Service). A Participant shall always be one hundred percent (100%) vested in his or her seed and rollover accounts.
2. (2) “Years of Service” means the total time of an Employee’s employment as a county employee with any Employer, measured in years. With respect to county employment before January 1, 2000, Years of Service shall be the Participant’s creditable service, as determined in accordance with section 50.1090, RSMo, and regulations issued under the authority of that section, unless that period is excluded under section (3). With respect to county employment on or after January 1, 2000, the Participant shall receive credit for a Year of Service for each Plan Year in which he/she completes 1,000 Hours of Service, unless that period is excluded under section (3). Additionally, a period of employment in a uniformed service (as defined in the Uniformed Services Employment and Reemployment Rights Act of 1994) shall constitute Years of Service, if the Participant was an Employee before his or her employment in 16 CSR 50-10

the uniformed service and he/she returns to employment with an Employer before his or her reemployment rights under the statute expire. (3) The following periods do not constitute Years of Service, regardless of any provision in this rule 16 CSR 50-10.070 to the contrary:

1. (A) A Plan Year beginning on or after January 1, 2000, in which an Employee earns less than 1,000 Hours of Service, unless the failure to earn such Hours of Service was the result of a leave described in the Family and Medical Leave Act of 1993; and
2. (B) A rehired Employee’s period of employment before his or her immediately preceding Separation from Service, unless the Participant was either: i) vested in his or her matching account at the time of the Separation from Service, ii) if his or her Separation from Service occurred before January 1, 2000, the Participant was fully vested within the meaning of section 50.1140(1), RSMo at the time of the Separation from Service, or iii) such prior period is determined to be part of the Participant’s creditable service, in accordance with section 50.1090, RSMo, and regulations issued under the authority of that section.

1. (4) Upon the termination of the plan or complete discontinuance of contributions, all participants’ accounts shall become fully vested, and not thereafter be subject to forfeiture.

AUTHORITY: sections 50.1090, RSMo 2000 and 50.1250, RSMo Supp. 2003.* Original rule filed May 9, 2000, effective Jan. 30, 2001. Amended: Filed April 25, 2002, effective Nov. 30, 2002. Amended: Filed July 13, 2004, effective Jan. 30, 2005. *Original authority: 50.1090, RSMo 1994, amended 1998, 1999 and 50.1250, RSMo 1999, amended 2001, 2004.