287.815. Retirement, age and service qualifications. - Missouri Statutes

Retirement, age and service qualifications.

287.815. 1. Effective August 28, 1999, any person, sixty-two yearsof age or older, who has served or who has creditable service in this statefor an aggregate of at least twelve years, or any person, sixty years ofage or older, who has served or who has creditable service in this statefor an aggregate of at least fifteen years or any person, fifty-five yearsof age or older, who has served or who has creditable service in this statefor an aggregate of twenty years, continuously or otherwise, as anadministrative law judge or legal advisor, or both, of the division, andwho, on or after August 13, 1984, ceases to hold office by reason of theexpiration of his or her term, voluntary resignation, retirement pursuantto the provisions of sections 287.812 to 287.856, or removal by thegovernor for any nondisciplinary reason, shall receive benefits as providedin sections 287.812 to 287.856. The twelve years', fifteen years' ortwenty years' requirement of this section may be fulfilled by service as anadministrative law judge or legal advisor, or both, of the division at anytime prior to or after August 13, 1984. If a person appointed pursuant tosection 286.010, RSMo, or a chairman appointed pursuant to section 295.030,RSMo, does not have twelve years' or fifteen years' service, as requiredpursuant to this subsection, as an administrative law judge or legaladvisor, or both, but the person has served in the general assembly, eachbiennial assembly or partial biennial assembly either served or purchasedshall be deemed and credited as two full years of creditable service as anadministrative law judge or legal advisor if the person waives in writingall right to any other retirement benefit provided by his or her service asa member of the general assembly.

2. Any aggregate of twelve years or more of such service shallentitle the person to retirement benefits provided in sections 287.812 to287.856 regardless of whether or not the person was so employed uponreaching the age of eligibility as described in subsection 1 of thissection. However, the retirement benefits shall not be paid to the personuntil that person attains the age of eligibility as described in subsection1 of this section.

3. If a person appointed pursuant to section 286.010, RSMo, orpursuant to section 295.030, RSMo, or pursuant to section 621.015, RSMo, oran attorney or legal counsel appointed or employed pursuant to section286.070, RSMo, does not have twelve years' service as an administrative lawjudge or legal advisor, or both, but the person has creditable serviceunder the Missouri state employees' retirement system, such person mayelect that such service be credited as service as an administrative lawjudge or legal advisor if the person waives in writing all right to anyother retirement benefit provided for other service. Persons appointedpursuant to section 621.015, RSMo, shall be required to have served amajority of a term in order to qualify for benefits pursuant to sections287.812 to 287.856.

4. Any person who has been appointed and has served pursuant tosection 621.015, RSMo, prior to August 28, 1999, who is receiving orthereafter is qualified to receive retirement benefits pursuant to section104.374, RSMo, shall upon application be made, constituted, appointed andemployed by the board of trustees of the Missouri state employees'retirement system as a special consultant on the problems of retirement,aging and other state matters for the remainder of the person's life. Uponrequest of the board or the administrative hearing commission, theconsultant shall give opinions or be available to give opinions in writingor orally in response to such requests. As compensation for such servicesand in lieu of receiving benefits pursuant to section 104.374, RSMo, eachsuch special consultant shall be eligible for all benefits payable pursuantto sections 287.812 to 287.856, effective upon the later of August 28,1999, or the date retirement benefits become payable. In no event shallretroactive benefits be paid.

(L. 1984 H.B. 1106, A.L. 1987 H.B. 564 merged with H.B. 713, A.L. 1988 H.B. 1643 & 1399, A.L. 1994 H.B. 1149, A.L. 1998 H.B. 971, A.L. 1999 S.B. 308 & 314)

(2008) Retroactive application of amended section reducing age of eligibility from sixty-five to sixty-two to previously retired administrative law judge violates Article III, sections 38(a) and 39(3). Sihnhold v. Missouri State Employees' Retirement System, 248 S.W.3d 596 (Mo.banc).