169.663. Disability retirement, when--return to duty, effect of disability payments--disability defined.

MISSOURI STATUTES AND CODES

169.663. Disability retirement, when--return to duty, effect of disability payments--disability defined.

Disability retirement, when--return to duty, effect of disabilitypayments--disability defined.

169.663. 1. On or after July first next following October 13, 1969,any member who is serving an employer included in the system at the timethe member becomes disabled, or who has served in such a district at sometime in the twelve months immediately preceding the member's becomingdisabled, and whose disability is traceable to an injury or sickness whichwas sustained or commenced prior to the cessation of such service, andwhose age is less than sixty and whose creditable service is five years ormore, may be retired with disability benefits upon written application tothe board of trustees, if the member is incapacitated because of physicalor mental disability as such disability is herein defined. If suchdisability shall cease to exist before the recipient of such benefitsreaches age sixty, the member's membership status as of the date of themember's disability retirement shall be restored. If the member diesbefore becoming eligible for a retirement allowance, or if the member seeksto withdraw the member's accumulated contributions, the total of suchdisability payments shall be deducted from the amount otherwise due themember, the member's beneficiary, or the member's estate.

2. Disability, as a basis for retirement, shall render the individualincapable of earning a livelihood in any occupation and shall be of suchnature as to warrant the assumption that it will be permanent. Whether ornot such disability exists, in any case, shall be adjudged in the mannerprovided in subsection 15 of section 169.020 by the board of trustees onthe basis of evidence that the board by its regulations may require.

3. For the purposes of adjustments to Social Security Administrationdisability benefits pursuant to 20 CFR 404.408 any member receivingdisability benefits pursuant to this section who is at least fifty-fiveyears of age and whose creditable service is at least twenty-five yearsshall be considered to be receiving a normal retirement benefit pursuant tothis section.