Mo. Code Regs. tit. 16 § 20-2.010
Current through Register Vol. 49, No. 11, June 3, 2024
Section 16 CSR 20-2.010 - DefinitionsPURPOSE: The proposed amendment defines the phrases "transact business" and "invest funds" as those phrases are used in section 70.051, RSMo.
PURPOSE: The purpose of this rule is to expand on and clarify definitions of terms found in sections 70.600, 70.605, and 70.631, RSMo.
(1) Employee. (A) The term employee shall include persons who are neither police officers nor fire fighters, who are employed by, or who become employed by, an employer participating in the system. The term employee may include, at the employer's election, either police officers or fire fighters or both police officers and fire fighters. The term employee shall include elected fee officials and the employees of elected fee officials under the provisions of section 70.600(8) and 70.600(10), RSMo 1994. The term employee may also include a person who is holding the position of mayor, presiding commissioner, president or chairman of a political subdivision, or who is a member of the governing body, if the political subdivision has ten (10) or more other employees, if that person is covered by the federal Social Security program by virtue of the position held with the political subdivision, and if that person files application for membership with the board within the time prescribed by section 70.600(10)(D), RSMo 1994.(B) The term employee shall not include any person- 1. Who is employed in a position normally requiring less than one thousand five hundred (1500) hours of work a year; provided a political subdivision, by written certification to the board at the time the employer joins the system, may reduce one thousand five hundred (1500) hours minimum for its employees, which lesser number of hours shall be uniform for all its employees and shall be one thousand two hundred fifty (1250) or one thousand (1000);2. Who is included as an active member of any other public employee retirement plan by reason of his/her employment with his/her political subdivision, except the federal Social Security program and the County Employees' Retirement System; and3. Who acts for the political subdivision as an independent contractor or is paid wholly on a fee basis, except elected officials and their employees.(C) The term "police officer" means any regular or permanent employee of the police department of a political subdivision, including probationary police officers, possessing the duty and power to enforce the general criminal laws of the state or the ordinances of any political subdivision of the state, and who is required to be certified by the "Peace Officer Standards and Training Commission." The term "police officer" includes the terms "peace officer" and "policeman." 1. The term "police officer" shall not include any civilian employee of a police department, or any person temporarily employed as a police officer for an emergency.(D) The term "firefighter" means any regular or permanent employee of the fire department of a political subdivision, including probationary firefighters, employed for the duty of fighting fires, or whose duties include supervision of firefighting personnel. The term "firefighter" includes the term "fireman." 1. The term "firefighter" shall not include civilian employees of a fire department; volunteer firefighters; paramedics and/or emergency medical technicians (EMTs), unless they perform firefighting duties in addition to their paramedic or EMT duties; or any person temporarily employed as a firefighter for an emergency.(E) The term "emergency medical service personnel" means any regular or permanent employee of a political subdivision possessing the duty and power to provide Advanced Life Support or Basic Life Support treatment, and who is required to be certified by the Missouri Bureau of Emergency Medical Services as an Emergency Medical Technician Basic (EMT-B), Advanced Emergency Medical Technician (AEMT) or an Emergency Medical Technician-Paramedic (EMT-P), or whose duties include direct supervision of EMT-B, AEMT and/or EMT-P personnel. 1. The term "emergency medical service personnel" shall not include volunteer EMT-Bs, AEMTs or EMT-Ps or any person temporarily employed as an EMT-B, AEMT or EMT-P for an emergency.(F) The term "emergency telecommunicator" means any regular or permanent employee of a political subdivision employed as an emergency telephone or telecommunications worker, call taker, or public safety dispatcher whose duties include receiving, processing, or transmitting public safety information received through a Public Safety Answering Point, or whose duties include direct supervision of emergency telecommunicator personnel.1. The term "emergency telecommunicator" shall not include any volunteer emergency telecommunicators or any person temporarily employed as an emergency telecommunicator for an emergency.(G) The term "jailor" means any regular or permanent employee of a political subdivision employed for the duty of monitoring, transporting, or detaining inmates or other detainees held in the jail or other correctional facility of the political subdivision or whose duties include direct supervision of jailor personnel. 1. The term "jailor" shall not include any volunteer jailors or any person temporarily employed as jailor for an emergency.(2) Credited Service. (A) Six (6) or more hours a day of work (or equivalent paid leave time) shall be considered a day of credited service; provided, the six (6) hours minimum shall be reduced to five (5) hours (or equivalent paid leave time) for a political subdivision which has elected to cover employee positions requiring one thousand two hundred fifty (1,250) or more hours of work a year, or to four (4) hours (or equivalent paid leave time) for a political subdivision which has elected to cover employee positions requiring one thousand (1,000) or more hours of work a year.(B) Fifteen (15) or more days of work as defined in 16 CSR 20-2.010(2)(A) rendered in a calendar month (or equivalent paid leave time) shall be considered a month of credited service; provided the fifteen (15) days minimum shall be reduced to twelve (12) days (or equivalent paid leave time) for a political subdivision which has elected to cover employee positions requiring one thousand two hundred fifty (1,250) or more hours of work a year, or to ten (10) days (or equivalent paid leave time) for a political subdivision which has elected to cover employee positions requiring one thousand (1,000) or more hours of work a year.(C) In no case shall a member receive more than one (1) year of service credit for service rendered by him/her for one (1) or more employers in any calendar year.(D) For purposes of computing total service credit at the time of retirement, the first month of employment and/or the last month of employment shall be included in total service credit if fifteen (15) or more calendar days of service rendered in the month(s) in question, provided the fifteen (15) calendar days shall be reduced to twelve (12) calendar days for a political subdivision which elected to cover employee positions requiring one thousand two hundred fifty (1250) or more hours of work a year or ten (10) calendar days for a political subdivision which has elected to cover employee positions requiring one thousand (1000) or more hours of work a year.(E) An elected member of the governing body of a political subdivision, who is concurrently employed on a full-time basis, or in a full-time equivalent (FTE) position with a different political subdivision, may be enrolled as a member for both political subdivisions pursuant to section 70.600(10), RSMo subject to the provisions of subsection (2)(C).(3) Compensation. (A) Compensation includes all remuneration paid an employee by a political subdivision for personal services rendered by the employee for the political subdivision (in the case of elected fee officials and their employees, refer to section 70.600(8), RSMo 1994).(B) Remuneration paid by a political subdivision, but not in money, is considered to be compensation subject to employee and employer contributions based on a reasonable value in money to be determined by the political subdivision, subject to the approval of the system.(4) Transact Business. Transact Business, as used in 70.605.1 RSMo, includes the authority to purchase, acquire, hold and lease real estate, purchase, acquire, hold and lease personal property, open and close bank accounts, enter into bank transactions, enter contracts and other agreements, borrow funds, execute all documents or instruments of any kind appropriate for carrying out the purposes of the retirement system, including, without limitation, service, purchase, sale, debt, and pledge or other security agreements, and perform any and all other acts or activities customary, incidental, necessary, or convenient to the purposes and powers enumerated hereinabove and within 70.600-70.755, RSMo.(5) Invest Funds. Invest Funds, as used in 70.605.1 RSMo, includes full power to invest and reinvest the moneys of the system, and to hold, purchase, sell, assign, transfer, or dispose of any of the securities and investments in which such moneys shall have been invested, as well as the proceeds of such investments and such moneys, open and close bank accounts, enter into bank transactions, hire and fire investment managers and custodians, enter contracts and other agreements, borrow funds, lend funds, lever assets, issue guarantees, and pledge or otherwise grant security interests in any retirement system property or to secure payment or performance in respect of any guarantees, create business entities and hold or sell interest in those entities, execute all documents or instruments of any kind appropriate for carrying out the investment purposes of the retirement system, including, without limitation, service, purchase, sale, debt, and pledge or other security agreements, and perform any and all other acts or activities customary, incidental, necessary, or convenient to the purposes and powers enumerated hereinabove and within 70.600-70.755, RSMo. AUTHORITY: section 70.605.21, RSMo Supp. 2007.* Original rule filed Dec. 29, 1975, effective Jan. 8, 1976. Amended: Filed Feb. 16, 1999, effective July 30, 1999. Amended: Filed Feb. 28, 2008, effective Aug. 30, 2008. Amended by Missouri Register March 16, 2020/Volume 45, Number 6, effective 4/30/2020Amended by Missouri Register April 1, 2021/Volume 46, Number 07, effective 5/31/2021*Original authority: 70.605, RSMo 1967, amended 1974, 1992, 2000, 2003.