169.060. Retirement and disability. - Missouri Statutes

Retirement and disability.

169.060. 1. On and after the first day of July next following theoperative date, any member who is sixty or more years of age and whosecreditable service is five years or more, or whose sum of age and creditableservice equals eighty years or more, or who has attained age fifty-five andwhose creditable service is twenty-five years or more, or whose creditableservice is thirty years or more regardless of age, may retire upon writtenapplication to the board of trustees and receive the full retirement benefitson the member's creditable service. Any other member whose creditable serviceis twenty-five or more years, or who has attained age fifty-five and whosecreditable service is at least five years but less than twenty-five years, mayretire upon written application to the board of trustees and receive theactuarial equivalent of the benefit to which the member would be entitled ifthe member was sixty years of age.

2. On and after the first day of July next following the operative date,any member who is teaching in a district included in the retirement system atthe time the member becomes disabled, or who has taught in such a district atsome time in the twelve months immediately preceding the member becomingdisabled, and whose disability is traceable to an injury or sickness which wassustained or commenced prior to the cessation of such teaching, and whose ageis less than sixty and whose creditable service in districts included in theretirement system is five years or more, may be retired with disabilitybenefits as provided in sections 169.010 to 169.141 upon written applicationto the board of trustees, if the member is incapacitated because of physicalor mental disability as such disability is herein defined. If such disabilityshall cease to exist before the recipient of such benefits reaches age sixty,the member's membership status as of the date of the member's disabilityretirement shall be restored. If the member seeks, before becoming eligiblefor such retirement allowance, to withdraw the member's accumulatedcontributions, the total of such disability payments shall be deducted fromthe amount otherwise due the member.

3. Disability, as a basis for retirement, shall render the individualincapable of earning a livelihood in any occupation and shall be of such anature as to warrant the assumption that it will be permanent. Whether or notsuch disability exists in any case shall be adjudged in the manner provided insubsection 15 of section 169.020 by the board of trustees on the basis ofreports made by two or more physicians selected by the board to examine themember. Until the member reaches age sixty, the recipient of a disabilityretirement allowance may be required to submit to periodic examinations byphysicians selected by the board, and if any such examination shows that therecipient is no longer incapable of earning a livelihood in any occupation,the member's disability retirement shall be terminated. For the purposes ofadjustments to Social Security Administration disability benefits pursuant to20 CFR 404.408 any member receiving disability benefits pursuant to thissection who is at least fifty-five years of age and whose creditable serviceis at least twenty-five years shall be considered to be receiving a normalretirement benefit pursuant to this section.

(L. 1945 p. 1353 § 6, A.L. 1953 p. 480, A.L. 1957 p. 432, A.L. 1967 p. 250, A.L. 1972 S.B. 491, A.L. 1975 S.B. 149, A.L. 1977 H.B. 477, A.L. 1979 S.B. 40, A.L. 1984 S.B. 407, A.L. 1987 H.B. 558, et al., A.L. 1991 S.B. 242, et al., A.L. 1995 S.B. 378, A.L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808)

Effective 7-1-00