PURPOSE: This rule clarifies who is eligible for membership in the County Employees’ Retirement Fund.

1. (1) Criteria for Eligibility for Death Benefits. To be eligible to receive the statutory death benefit from the County Employees’ Retirement Fund, an employee must meet the following criteria:

   1. (A) Is an employee of the county or an elective or appointive county official. Employees who receive some pay from a county but who are subject to hiring, supervision, promotion or termination by an entity other than the county such as an extension council or the circuit court are not employees of the county for purposes of the County Employees’ Retirement Fund;
   2. (B) Is an active member of the County Employees’ Retirement Fund;
   3. (C) Has not waived membership in the County Employees’ Retirement Fund;
   4. (D) Has entered the plan on one (1) of the plan entry dates; and
   5. (E) Has submitted an enrollment form and made all necessary payroll contributions.

2. (2) Criteria for Eligibility for Retirement Benefits. To be eligible to receive an annuity from the County Employees’ Retirement Fund, an employee must meet the following criteria:

   1. (A) Has attained the age of sixty-two (62);
   2. (B) Has applied for retirement benefits as provided by applicable laws and regulations;

   3. (C) Has either—

      1. 1. Worked eight (8) or more years as a

county employee; or

1. 2. Has prior service which may be pur-

chased as prior creditable service which, when combined with membership service, will total at least eight (8) years of service; and

1. (D) Has submitted an enrollment form and made all necessary payroll contributions.

1. (3) Eligibility for Annual Cost-of-Living Adjustment. To be eligible to receive any cost-of-living adjustment (COLA), adopted by the board pursuant to section 50.1070, RSMo, a retired member must meet the following criteria:

   1. (A) Is presently drawing a retirement benefit; and
   2. (B) Has not waived his/her right to receive the COLA increase.
2. (4) Payment of the COLA Increase. Any COLA approved by the board will be payable to eligible retirees monthly, commencing on March 1 of any given year, following the board’s determination of the appropriate increase.

3. (5) Eligibility and Calculation of the Retirement Benefits of Elected or Appointive Surveyors.

   1. (A) Elected or appointive surveyors who receive no salary from the county or counties, who perform work for the county, are eligible to receive retirement benefits if they receive compensation from the county either in the form of wages, fees or salary and make any payroll contributions required by law annually.
   2. (B) Elected or appointive surveyors who receive compensation from the county as outlined in subsection (5)(A) are eligible for a retirement benefit based on their two (2) highest years of compensation received from the county for surveying services. Compensation received from sources other than the county and compensation received pursuant to independent contracting relationships shall not be included in calculating the retirement benefit.
   3. (6) Neither a death benefit, a retirement benefit nor a survivor’s benefit will be paid until all contributions and other payments required by law have been received on behalf of a member.

AUTHORITY: section 50.1032, RSMo Supp. 1997.* Original rule filed Oct. 11, 1995, effective May 30, 1996. Amended: Filed Dec. 9, 1997, effective June 30, 1998.

*Original authority 1995.