Missouri HB 222: Modifies provisions relating to elected officials retirement

Bill Text

FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 222
102ND GENERAL ASSEMBLY
0176H.02C DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 104.160, 104.380, and 104.1039, RSMo, and to enact in lieu thereof three
new sections relating to state employee retirement.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 104.160, 104.380, and 104.1039, RSMo, are repealed and three
2 new sections enacted in lieu thereof, to be known as sections 104.160, 104.380, and
3 104.1039, to read as follows:
104.160. The board of trustees shall consist of three members of the state highways
2 and transportation commission elected by the members of the commission. The
3 superintendent of the highway patrol and the director of the department of transportation
4 shallserveasmembersbyvirtueoftheirrespectiveoffices,andtheirsuccessorsshallsucceed
5 them as members of the board of trustees. In addition, one member of the senate appointed
6 by the president pro tem of the senate and one member of the house of representatives,
7 appointed by the speaker of the house shall serve as members of the board of trustees. In
8 addition to the appointed legislators, two active employee members of the system shall be
9 elected by a plurality vote of the active employee members of the system, herein designated
10 for four-year terms to commence July 1, 1982, and every four years thereafter. One elected
11 member shall be elected from the active employees of the department of transportation and
12 one elected member shall be elected from the active employees of the civilian or uniformed
13 highway patrol. The terms of the active employee representatives serving on the board
14 on August 28, 2026, shall continue until June 30, 2028. All terms of elected active
15 employee representatives shall be for four years after June 30, 2028. In addition to the
16 two active employee members, two retirees of the system shall be elected to serve on the
17 board by a plurality vote of the retirees of the system. One retiree shall be elected by the
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

18 retired employees of the transportation department and one retiree shall be elected by the
19 retired employees of the civilian or uniformed highway patrol. The retiree serving on the
20 board on August 28, 2007, shall continue to serve on the board as the representative of the
21 retired employees of the transportation department until June 30, 2010. An election shall be
22 held prior to January 1, 2008, for the retiree to be elected by the retired employees of the
23 civilian or uniformed highway patrol with said term to commence on January 1, 2008, and
24 expire on June 30, 2010. All terms of elected retired employees shall be for four years after
25 June 30, 2010. The board shall determine the procedures for nomination and election of the
26 elective board members. Nominations may be entered by any member of the system,
27 provided members of the system have a reasonable opportunity to vote.
104.380. 1. If a retired member is elected to any state office or is appointed to any
2 state office or is employed by a department in a position normally requiring the performance
3 by the person of duties during not less than one thousand forty hours per year, the member
4 shall not receive an annuity for any month or part of a month for which the member serves as
5 an officer or employee[, but] except, notwithstanding the provisions of section 105.684 to
6 the contrary, those retired members serving as a memberof the general assembly under
7 section 104.370 or an elected state official under section 104.371.
8 2. Upon reemployment under subsection 1 of this section, the member shall be
9 considered to be a new employee with no previous creditable service and must accrue
10 creditableservicecontinuouslyfor atleast one yearinorder toreceive anyadditionalannuity.
11 Any retired member who again becomes an employee and who accrues additional creditable
12 service and later retires shall receive an additional amount of monthly annuity calculated to
13 includeonlythe creditableserviceandtheaverage compensationearnedby themembersince
14 such employment or creditable service earned as a member of the general assembly. Years of
15 membershipserviceandtwelfthsofayeararetobeusedincalculatinganyadditionalannuity
16 except for creditable service earned as a member of the general assembly, and such additional
17 annuityshallbebasedonthetypeofserviceaccrued. Ineitherevent,theoriginalannuityand
18 the additional annuity, if any, shall be paid commencing with the end of the first month after
19 the month during which the member's term of office has been completed, or the member's
20 employment terminated. If a retired member is employed by a department in a position tha