Mo. Code Regs. tit. 16 § 10-5.080
Current through Register Vol. 49, No.12, June 17, 2024
Section 16 CSR 10-5.080 - Recognition of CreditPURPOSE: This rule implements the provisions of section 169.569, RSMo, allowing credit from each system named in section 169.569, RSMo, to be combined for the purpose of determining eligibility for retirement from each system.
(1) The provisions of this rule are to be used solely for the purpose of implementing section 169.569, RSMo, (hereinafter, all chapter and section citations are to the Revised Statutes of Missouri unless otherwise indicated).(2) "System" or "systems" shall mean one (1) or more of the retirement systems created by Chapter 169 and named in section 169.569.1.(3) The provisions of section 169.569 and this rule shall apply only to individuals with an effective retirement date after June 30, 2003.(4) An individual may combine service credit from each of the systems with which the individual has at least five (5) years of creditable service to determine eligibility for normal or early retirement with each of the respective systems. Service credit from a system with which the individual has less than five (5) years of service may not be combined with any other service credit under this rule. Service credit may not be combined for any other purpose. Only service credit that is certified by the relevant system may be combined pursuant to this rule. An individual may not combine credit with other credit that is based on the same period of employment.(5) Prior to receiving a retirement benefit from a system, an individual must comply with all of that system's requirements related thereto. An individual is not required to terminate employment with employers covered by systems from which the individual is not yet receiving a retirement benefit.(6) Each system will use its own retirement application. All systems will use a uniform Reciprocity Election form.(7) Each system from which the individual is eligible to retire after combining service credit pursuant to this rule shall pay its own retirement benefit and shall determine the benefit it is to pay to the individual based only on the service credit the individual has with that system. Each system paying a retirement benefit shall calculate its own final average salary based upon an individual's salaries on record with that retirement system. Each system paying a retirement benefit shall determine the retirement benefit based on its own applicable statutory provisions.(8) An individual shall be subject to the working after retirement limitations for each system from which he or she is receiving a retirement benefit. The benefit paid by a system shall be discontinued only if the individual exceeds the working after retirement limitations, if any, of that system due to employment with an employer covered by that system. In the event of a discontinuance of benefits from one (1) system, the individual may continue to receive a retirement benefit from any system for which he or she has not exceeded that system's working after retirement limitations.(9) Service credit may be combined pursuant to this rule only for the purpose of service retirement eligibility and shall not be combined to determine eligibility for any other benefit payable by any system, including, but not limited to disability, surviving spouse and/or children benefits or minimum benefits.(10) Notwithstanding the provisions of section (9), if, at the time of death, an individual could have elected to retire by combining credit under this rule, the beneficiary of such member may combine credit under this rule to qualify for benefits pursuant to sections 169.070.3(2)(a), 169.326.3, 169.460.14, or 169.670.4(2)(a). AUTHORITY: sections 169.020, RSMo 2000 and 169.569, RSMo Supp. 2001.* Original rule filed July 23, 2002, effective Feb. 28, 2003. *Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998 and 169.569, RSMo 2001.