Mo. Code Regs. tit. 16 § 50-2.050

Current through Register Vol. 49, No.12, June 17, 2024

Section 16 CSR 50-2.050 - Certifying Service and Compensation

PURPOSE: This rule clarifies the process for certifying employment and salary figures upon separation from service for purposes of calculating retirement benefits in the future.

(1) Upon separation from service, a Participantst shall request that the county clerk complete a certification form on a form to be provided by the board or its designee which verifies the length of employment and the two

(2) highest years of compensation received by the Participantst. The Participantst must provide documentation to support the compensation figures which must be attached to the certification including W-2 forms, 1099 forms, canceled checks and other supporting documentation reflecting compensation received. In determining average final compensation, County Employees' Retirement Fund (CERF) will use the cash receipts and disbursements method as defined by the Internal Revenue Code. Any lump sum payment attributable to services for a prior year (including, but not limited to, a payment of benefits, back pay, unused vacation days or sick leave attributable to services performed in a prior year) will not be included in calculating average final compensation.

(2) The Participantst shall forward the completed certification to the board where it shall be maintained until needed to calculate the Participantst's retirement benefit.

(3) Any certification submitted without supporting documentation will be reviewed by the board. Notwithstanding anything in the plan to the contrary, the board or its designee may determine that an employee had a separation from service due to cessation of services or otherwise based on payroll or other records.

(4) Fee-Based or Fee/Salary-Based Officials.

(A) Any Participantst whose compensation is collected partly or wholly from fees or a combination of fees and salary must submit, by March 1 of each year, proof of all fees and/or salary received, less operating and other expenses.

(B) Two percent (2%) of the net amount of all fees and/or salary collected as compensation by such Participantsts who are not members of the Local Government Employees' Retirement System (LAGERS) must be submitted to the plan administrator not less than annually and no later than March 1 of each year for the preceding calendar year.

(C) Any unpaid balance of the required fee or salary contributions due to the fund must be paid in full prior to distribution of any retirement benefit amount or death benefit amount.

(D) Prior to January 1, 2000, some officials received partial or full compensation through various fees for personal services performed in their capacity as an elected official. If a member has such compensation which was not processed through county payroll prior to January 1, 2000, and the member chooses to use as a high year for retirement calculations a year including such fees, the member must make the required contributions on all of these fees collected between August 27, 1994, and December 31, 1999, prior to his or her retirement commencement.

(E) Beginning January 1, 2000, officials whose compensation is collected partly or wholly from fees or a combination of fees and salary may only include these fees if they are processed through county payroll and in accordance with the definition of compensation included in 16 CSR 50-2.010(1)(K).

(F) Compensation received from sources other than an employer and compensation received pursuant to independent contracting relationships shall not be included in calculating the retirement benefit.

16 CSR 50-2.050

AUTHORITY: section 50.1032, RSMo 2000.* Original rule filed Oct. 11, 1995, effective May 30, 1996. Amended: Filed Dec. 9, 1997, effective June 30, 1998. Amended: Filed July 16, 1998, effective Jan. 30, 1999. Amended: Filed Sept. 17, 1998, effective March 30, 1999. Amended: Filed April 16, 1999, effective Sept. 30, 1999. Rescinded and readopted: Filed Sept. 29, 2000, effective March 30, 2001. Amended: Filed Aug. 13, 2001, effective Feb. 28, 2002. Amended: Filed June 4, 2010, effective Dec. 30, 2010.

*Original authority: 50.1032, RSMo 1995.