211.393. Definitions--compensation of juvenile officers, apportionment--state to reimburse salaries, when--multicounty circuit provisions--local juvenile court budget, amount maintained, when--exclusi - Missouri Statutes

Definitions--compensation of juvenile officers, apportionment--stateto reimburse salaries, when--multicounty circuitprovisions--local juvenile court budget, amount maintained,when--exclusion from benefits, when.

211.393. 1. For purposes of this section, the following words andphrases mean:

(1) "County retirement plan", any public employees' defined benefitretirement plan established by law that provides retirement benefits tocounty or city employees, but not to include the county employees'retirement system as provided in sections 50.1000 to 50.1200, RSMo;

(2) "Juvenile court employee", any person who is employed by ajuvenile court in a position normally requiring one thousand hours or moreof service per year;

(3) "Juvenile officer", any juvenile officer appointed pursuant tosection 211.351;

(4) "Multicounty circuit", all other judicial circuits not includedin the definition of a single county circuit;

(5) "Single county circuit", a judicial circuit composed of a singlecounty of the first classification, including the circuit for the city ofSt. Louis;

(6) "State retirement plan", the public employees' retirement planadministered by the Missouri state employees' retirement system pursuant tochapter 104, RSMo.

2. Juvenile court employees employed in a single county circuit shallbe subject to the following provisions:

(1) The juvenile officer employed in such circuits on and prior toJuly 1, 1999, shall:

(a) Be state employees on that portion of their salary received fromthe state pursuant to section 211.381, and in addition be county employeeson that portion of their salary provided by the county at a rate determinedpursuant to section 50.640, RSMo;

(b) Receive state-provided benefits, including retirement benefitsfrom the state retirement plan, on that portion of their salary paid by thestate and may participate as members in a county retirement plan on thatportion of their salary provided by the county except any juvenile officerwhose service as a juvenile court officer is being credited based on allsalary received from any source in a county retirement plan on June 30,1999, shall not be eligible to receive state-provided benefits, includingretirement benefits, or any creditable prior service as described in thissection but shall continue to participate in such county retirement plan;

(c) Receive creditable prior service in the state retirement plan forservice rendered as a juvenile court employee prior to July 1, 1999, to theextent they have not already received credit for such service in a countyretirement plan on salary paid to them for such service, if such servicewas rendered in a single county circuit or a multicounty circuit; exceptthat if the juvenile officer forfeited such credit in such countyretirement plan prior to being eligible to receive creditable prior serviceunder this paragraph, they may receive service under this paragraph;

(d) Receive creditable prior service pursuant to paragraph (c) ofthis subdivision even though they already have received credit for suchcreditable service in a county retirement plan if they elect to forfeittheir creditable service from such plan in which case such plan shalltransfer to the state retirement plan an amount equal to the actuarialaccrued liability for the forfeited creditable service, determined as ifthe person were going to continue to be an active member of the countyretirement plan, less the amount of any refunds of member contributions;

(e) Receive creditable prior service for service rendered as ajuvenile court employee in a multicounty circuit in a position that wasfinanced in whole or in part by a public or private grant, pursuant to theprovisions of paragraph (e) of subdivision (1) of subsection 3 of thissection;

(2) Juvenile officers who begin employment for the first time as ajuvenile officer in a single county circuit on or after July 1, 1999,shall:

(a) Be county employees and receive salary from the county at a ratedetermined pursuant to section 50.640, RSMo, subject to reimbursement bythe state as provided in section 211.381; and

(b) Participate as members in the applicable county retirement plansubject to reimbursement by the state for the retirement contribution dueon that portion of salary reimbursed by the state;

(3) All other juvenile court employees who are employed in a singlecounty circuit on or after July 1, 1999:

(a) Shall be county employees and receive a salary from the county ata rate determined pursuant to section 50.640, RSMo; and

(b) Shall, in accordance with their status as county employees,receive other county-provided benefits including retirement benefits fromthe applicable county retirement plan if such employees otherwise meet theeligibility requirements for such benefits;

(4) (a) The state shall reimburse each county comprised of a singlecounty circuit for an amount equal to the greater of:

a. Twenty-five percent of such circuit's total juvenile courtpersonnel budget, excluding the salary for a juvenile officer, for calendaryear 1997, and excluding all costs of retirement, health and other fringebenefits; or

b. The sum of the salaries of one chief deputy juvenile officer andone deputy juvenile officer class I, as provided in section 211.381;

(b) The state may reimburse a single county circuit up to fiftypercent of such circuit's total calendar year 1997 juvenile court personnelbudget, subject to appropriations. The state may reimburse, subject toappropriations, the following percentages of such circuits' total juvenilecourt personnel budget, expended for calendar year 1997, excluding thesalary for a juvenile officer, and excluding all costs of retirement,health and other fringe benefits: thirty percent beginning July 1, 2000,until June 30, 2001; forty percent beginning July 1, 2001, until June 30,2002; fifty percent beginning July 1, 2002; however, no county shallreceive any reimbursement from the state in an amount less than the greaterof:

a. Twenty-five percent of the total juvenile court personnel budgetof the single county circuit expended for calendar year 1997, excludingfringe benefits; or

b. The sum of the salaries of one chief deputy juvenile officer andone deputy juvenile officer class I, as provided in section 211.381;

(5) Each single county circuit shall file a copy of its initial 1997and each succeeding year's budget with the office of the state courtsadministrator after January first each year and prior to reimbursement.The office of the state courts administrator shall make payment for thereimbursement from appropriations made for that purpose on or before Julyfifteenth of each year following the calendar year in which the expenseswere made. The office of the state courts administrator shall submit theinformation from the budgets relating to full-time juvenile court personnelfrom each county to the general assembly;

(6) Any single county circuit may apply to the office of the statecourts administrator to become subject to subsection 3 of this section, andsuch application shall be approved subject to appropriation of funds forthat purpose;

(7) The state auditor may audit any single county circuit to verifycompliance with the requirements of this section, including an audit of the1997 budget.

3. Juvenile court employees in multicounty circuits shall be subjectto the following provisions:

(1) Juvenile court employees including detention personnel hired in1998 in those multicounty circuits who began actual construction ondetention facilities in 1996, employed in a multicounty circuit on or afterJuly 1, 1999, shall:

(a) Not be state employees unless they receive all salary from thestate, which shall include any salary as provided in section 211.381 inaddition to any salary provided by the applicable county or counties duringcalendar year 1997 and any general salary increase approved by the state ofMissouri for fiscal year 1999 and fiscal year 2000;

(b) Participate in the state retirement plan;

(c) Receive creditable prior service in the state retirement plan forservice rendered as a juvenile court employee prior to July 1, 1999, to theextent they have not already received credit for such service in a countyretirement plan on salary paid to them for such service if such service wasrendered in a single county circuit or a multicounty circuit, except thatif they forfeited such credit in such county retirement plan prior to beingeligible to receive creditable prior service under this paragraph, they mayreceive creditable service under this paragraph;

(d) Receive creditable prior service pursuant to paragraph (c) ofthis subdivision even though they already have received credit for suchcreditable service in a county retirement plan if they elect within sixmonths from the date they become participants in the state retirement planpursuant to this section to forfeit their service from such plan in whichcase such plan shall transfer to the state retirement plan an amount equalto the actuarial accrued liability for the forfeited creditable service,determined as if the person was going to continue to be an active member ofthe county retirement plan, less the amount of any refunds of membercontributions;

(e) Receive creditable prior service for service rendered as ajuvenile court employee in a multicounty circuit in a position that wasfinanced in whole or in part by a public or private grant to the extentthey have not already received credit for such service in a countyretirement plan on salary paid to them for such service except that ifthey:

a. Forfeited such credit in such county retirement plan prior tobeing eligible to receive creditable service under this paragraph, they mayreceive creditable service under paragraph (e) of this subdivision;

b. Received credit for such creditable service in a county retirementplan, they may not receive creditable prior service pursuant to paragraph(e) of this subdivision unless they elect to forfeit their service fromsuch plan, in which case such plan shall transfer to the state retirementplan an amount equal to the actuarial liability for the forfeitedcreditable service, determined as if the person was going to continue to bean active member of the county retirement plan, less the amount of anyrefunds of member contributions;

c. Terminated employment prior to August 28, 2007, and apply to theboard of trustees of the state retirement plan to be made and employed as aspecial consultant and be available to give opinions regarding retirementthey may receive creditable service under paragraph (e) of thissubdivision;

d. Retired prior to August 28, 2007, and apply to the board oftrustees of the state retirement plan to be made and employed as a specialconsultant and be available to give opinions regarding retirement, theyshall have their retirement benefits adjusted so they receive retirementbenefits equal to the amount they would have received had their retirementbenefit been initially calculated to include such creditable prior service;or

e. Purchased creditable prior service pursuant to section 104.344,RSMo, or section 105.691, RSMo, based on service as a juvenile courtemployee in a position that was financed in whole or in part by a public orprivate grant, they shall receive a refund based on the amount paid forsuch purchased service;

(2) Juvenile court employee positions added after December 31, 1997,shall be terminated and not subject to the provisions of subdivision (1) ofthis subsection, unless the office of the state courts administratorrequests and receives an appropriation specifically for such positions;

(3) The salary of any juvenile court employee who becomes a stateemployee, effective July 1, 1999, shall be limited to the salary providedby the state of Missouri, which shall be set in accordance with guidelinesestablished by the state pursuant to a salary survey conducted by theoffice of the state courts administrator, but such salary shall in no eventbe less than the amount specified in paragraph (a) of subdivision (1) ofthis subsection. Notwithstanding any provision to the contrary insubsection 1 of section 211.394, such employees shall not be entitled toadditional compensation paid by a county as a public officer or employee.Such employees shall be considered employees of the judicial branch ofstate government for all purposes;

(4) All other employees of a multicounty circuit who are not juvenilecourt employees as defined in subsection 1 of this section shall be countyemployees subject to the county's own terms and conditions of employment.

4. The receipt of creditable prior service as described in paragraph(c) of subdivision (1) of subsection 2 of this section and paragraph (c) ofsubdivision (1) of subsection 3 of this section is contingent upon theoffice of the state courts administrator providing the state retirementplan information, in a form subject to verification and acceptable to thestate retirement plan, indicating the dates of service and amount ofmonthly salary paid to each juvenile court employee for such creditableprior service.

5. No juvenile court employee employed by any single or multicountycircuit shall be eligible to participate in the county employees'retirement system fund pursuant to sections 50.1000 to 50.1200, RSMo.

6. Each county in every circuit in which a juvenile court employeebecomes a state employee shall maintain each year in the local juvenilecourt budget an amount, defined as "maintenance of effort funding", notless than the total amount budgeted for all employees of the juvenile courtincluding any juvenile officer, deputy juvenile officer, or other juvenilecourt employees in calendar year 1997, minus the state reimbursements asdescribed in this section received for the calendar year 1997 personnelcosts for the salaries of all such juvenile court employees who becomestate employees. The juvenile court shall provide a proposed budget to thecounty commission each year. The budget shall contain a separate sectionspecifying all funds to be expended in the juvenile court. Such fundingmay be used for contractual costs for detention services, guardians adlitem, transportation costs for those circuits without detention facilitiesto transport children to and from detention and hearings, short-termresidential services, indebtedness for juvenile facilities, expandingexisting detention facilities or services, continuation of services fundedby public grants or subsidy, and enhancing the court's ability to provideprevention, probation, counseling and treatment services. The countycommission may review such budget and may appeal the proposed budget to thejudicial finance commission pursuant to section 50.640, RSMo.

7. Any person who is employed on or after July 1, 1999, in a positioncovered by the state retirement plan or the transportation department andhighway patrol retirement system and who has rendered service as a juvenilecourt employee in a judicial circuit that was not a single county of thefirst classification shall be eligible to receive creditable prior servicein such plan or system as provided in subsections 2 and 3 of this section.For purposes of this subsection, the provisions of paragraphs (c) and (d)of subdivision (1) of subsection 2 of this section and paragraphs (c) and(d) of subdivision (1) of subsection 3 of this section that apply to thestate retirement plan shall also apply to the transportation department andhighway patrol retirement system.

8. (1) Any juvenile officer who is employed as a state employee in amulticounty circuit on or after July 1, 1999, shall not be eligible toparticipate in the state retirement plan as provided by this section unlesssuch juvenile officer elects to:

(a) Receive retirement benefits from the state retirement plan basedon all years of service as a juvenile officer and a final average salarywhich shall include salary paid by the county and the state; and

(b) Forfeit any county retirement benefits from any county retirementplan based on service rendered as a juvenile officer.

(2) Upon making the election described in this subsection, the countyretirement plan shall transfer to the state retirement plan an amount equalto the actuarial accrued liability for the forfeited creditable servicedetermined as if the person was going to continue to be an active member ofthe county retirement plan, less the amount of any refunds of membercontributions. 9. The elections described in this section shall be madeon forms developed and made available by the state retirement plan.

(L. 1965 p. 362, A.L. 1967 pp. 333, 335, A.L. 1972 H.B. 1331, A.L. 1977 S.B. 121, A.L. 1978 H.B. 1634, A.L. 1980 H.B. 1266, A.L. 1982 S.B. 497, A.L. 1984 S.B. 581, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1554 Revision, A.L. 1988 S.B. 622, A.L. 1989 H.B. 502, et al., A.L. 1995 H.B. 174, et al., A.L. 1998 H.B. 971, A.L. 2004 S.B. 1195, A.L. 2006 S.B. 870, A.L. 2007 S.B. 406)

Revisor's note: Salary adjustment index is printed, as required by § 476.405, in Appendix D.

(2009) Statutory exclusion of juvenile office personnel from membership in County Employees' Retirement Fund is not clearly arbitrary or otherwise unconstitutional. Alderson v. State, 273 S.W.3d 533 (Mo.banc).