PURPOSE: This rule describes when employees may become plan participants.

1. (1) General Rule. An employee shall become a participant in the plan upon his or her entry date. Effective on and after January 1, 2000, an employee shall not be permitted to opt out of the plan.
2. (2) Prior Plan Opt-Outs. Before January 1, 2000, an employee had the right to opt out of the plan. Employees who exercised this opt-out option must wait three (3) years from the date the opt-out decision was made before becoming a participant. After this three (3)-year period has elapsed, the employee shall have a three- (3-) month period to opt in to the plan. If the employee fails to opt in during an applicable three- (3-) month period which begins on or after January 1, 2000, the employee shall be forever ineligible to participate in the plan.

3. (3) Membership service for part-time and seasonal employees and service toward vesting in the plan for all participants will be calculated as follows:

   1. (A) A participant must work one thousand (1,000) hours of service in a plan year to be enrolled in the plan;
   2. (B) A participant must work one thousand (1,000) hours of service in a plan year to receive a year of vested service;
   3. (C) A participant must have at least eight (8) years of service with at least one thousand (1,000) hours of service worked per plan year to be vested in the plan. A participant shall receive vesting service credit for a year only if he or she has received creditable service credit for the months in such plan year during which he earned hours of service.

4. (4) A participant shall be credited with hours of service for a calendar year in accordance with the following rules:

   1. (A) One (1) hour shall be credited for each regular, vacation, and sick pay hour for which the participant is paid during the calendar year;
   2. (B) Hours will be credited for military leave based on the participant’s average hours paid during the last twelve (12) months worked prior to such leave;
   3. (C) For purposes other than vesting, hours will be credited for unpaid absences for sickness and injury of up to twelve (12) months. For this purpose, a participant will be deemed to be absent for sickness and injury only to the extent certified by the county clerk, on a form provided by the board or its designee, to be on an approved leave of absence for medical reasons under the written policies of an employer; and
   4. (D) Overtime hours will be credited in the manner they are accounted for in county payroll records.

AUTHORITY: section 50.1032, RSMo 2016.* Original rule filed Oct. 11, 1995, effective May 30, 1996. Amended: Filed Dec. 9, 1997, effective June 30, 1998. Rescinded and readopted: Filed Sept. 29, 2000, effective March 30, 2001. Amended: Filed April 26, 2001, effective Nov. 30, 2001. Amended: Filed June 4, 2010, effective Dec. 30, 2010. Amended: Filed Aug. 30, 2010, effective June 30, 2011. Amended: Filed Sept. 28, 2017, effective March 30, 2018.

*Original authority: 50.1032, RSMo 1995.