104.380. Retired members elected to state office, effect of--reemployment of retired members, effect of. - Missouri Statutes

Retired members elected to state office, effect of--reemployment ofretired members, effect of.

104.380. If a retired member is elected to any state office or isappointed to any state office or is employed by a department in a positionnormally requiring the performance by the person of duties during not lessthan one thousand forty hours per year, the member shall not receive anannuity for any month or part of a month for which the member serves as anofficer or employee, but the member shall be considered to be a newemployee with no previous creditable service and must accrue creditableservice continuously for at least one year in order to receive anyadditional annuity. Any retired member who again becomes an employee andwho accrues additional creditable service and later retires shall receivean additional amount of monthly annuity calculated to include only thecreditable service and the average compensation earned by the member sincesuch employment or creditable service earned as a member of the generalassembly. Years of membership service and twelfths of a year are to beused in calculating any additional annuity except for creditable serviceearned as a member of the general assembly, and such additional annuityshall be based on the type of service accrued. In either event, theoriginal annuity and the additional annuity, if any, shall be paidcommencing with the end of the first month after the month during which themember's term of office has been completed, or the member's employmentterminated. If a retired member is employed by a department in a positionthat does not normally require the person to perform duties during at leastone thousand forty hours per year, the member shall not be considered anemployee as defined pursuant to section 104.010. A retired member whobecomes reemployed as an employee on or after August 28, 2001, in aposition covered by the highways and transportation employees' and highwaypatrol retirement system shall not be eligible to receive retirementbenefits or additional creditable service from the state employees'retirement system.

(L. 1957 p. 706 § 17, A.L. 1958 2d Ex. Sess. p. 180, A.L. 1967 p. 190, A.L. 1972 S.B. 548, A.L. 1976 H.B. 1213, H.B. 1733, A.L. 1980 H.B. 983, A.L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et al., A.L. 1984 H.B. 1370, A.L. 1985 H.B. 790, A.L. 1988 H.B. 1643 & 1399, A.L. 1992 S.B. 499, et al., A.L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 371, A.L. 2002 H.B. 1455, A.L. 2007 S.B. 406)