[−] removed[+] addedOfficial text
[−]removed: EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[+]added: 6554S.03C
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SENATE [−]removed: BILL NO. [+]added: COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 1557
[−]removed: 103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
6554S.01I KRISTINA MARTIN, Secretary
[+]added: & 1054
AN ACT
To repeal [−]removed: section 104.1091, [+]added: sections 104.1091 and 105.915, RSMo, and to enact in lieu thereof [−]removed: one [+]added: two new [−]removed: section [+]added: sections relating to [−]removed: refunds
of retirement contributions.
[+]added: retirement.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. [−]removed: Section 104.1091, [+]added: Sections 104.1091 and 105.915, RSMo, [−]removed: is [+]added: are
repealed and [−]removed: one [+]added: two new [−]removed: section [+]added: sections enacted in lieu thereof, to be known as [−]removed: section 104.1091, [+]added: sections 104.1091 and 105.915, to read as follows: 104.1091. 1. Notwithstanding any provision of the year 2000 plan to the contrary, each person who first becomes an employee
[…]
the general assembly, the member's attainment of at least age sixty-two and the completion of at least three full biennial assemblies; or the member's [+]added: 2
attainment of at least age fifty-five with the sum of the member's age and credited service equaling at least ninety; (3) For statewide elected
[…]
be eligible for early retirement. 6. The provisions of subsection 6 of section 104.1021 and section 104.344 as applied pursuant to subsection 7 of [+]added: 3
section 104.1021 and section 104.1090 shall not apply to members covered by this section. 7. The minimum credited service requirements of five years contained
[…]
(3) Member contributions so picked up shall be credited to a separate account within the member's individual account so that the amounts contributed pursuant [+]added: 4
to this section may be distinguished from the amounts contributed on an after-tax basis; (4) The contributions, although designated as employee contributions, shall be
[…]
who is not vested, the system shall refund the former member's contributions and interest credited thereon if the total amount thereof is one thousand [+]added: 5
dollars or less, or such other amount as may be permitted under applicable federal [−]removed: law, provided that: [+]added: law.
a. The [+]added: system and the treasurer are authorized to
share information consistent with section 447.560 for the
purpose of the system's [+]added: refunding the former member's
contributions and credited interest directly to the former
member or the former member's survivor or beneficiary.
b. The availability of the shared information for
public inspection shall be consistent with section 447.560.
c. The system's procedures in effect from time to time to locate such [−]removed: member [+]added: former member, survivor, or beneficiary shall be considered reasonable and necessary diligence consistent with good business [−]removed: practice, such that if after the application of such procedures such refund is returned to the system, the refund shall be presumed to be abandoned property under sections 447.500 to 447.585 notwithstanding any provisions of those sections which require a specific abandonment or dormancy period; [+]added: practice and [−]removed: b. Subsection 2 of section 104.620 shall not apply to such refunds. [+]added: in compliance with federal
law.
(c) Contribution refunds shall be paid by the system within an administratively reasonable period, but no sooner than ninety days from the date of
[…]
works continuously for at least one year, the credited service previously forfeited shall be restored if the member returns to the system the amount [+]added: 6
previously refunded plus interest at a rate established by the board; (7) The beneficiary of any member who made contributions shall receive a refund
[…]
and one half percent adjusted as follows: if the retiree's age on the annuity starting date is younger than sixty-seven years, an increase of [−]removed: three-tenths [+]added: three-
tenths of one percent for each year the retiree's age is [+]added: 7
younger than age sixty-seven years; and if the beneficiary's age is younger than the retiree's age on the annuity starting date, a decrease of
[…]
such beneficiary who was the retiree's spouse on the annuity starting date or as otherwise provided by subsection 5 of this section. Option 3. [+]added: 8
A retiree's life annuity shall be reduced to [−]removed: ninety-three [+]added: ninety-
three percent of the annuity otherwise payable. If the retiree dies before having received one hundred twenty monthly payments, the reduced annuity shall be continued
[…]
a statewide elected official or a member of the general assembly shall be eligible for retirement under this subsection subject to the following conditions: [+]added: 9
(1) A member's normal retirement eligibility shall be based on the attainment of at least age sixty-seven and the completion of at least five
[…]
upon the attainment of at least age sixty-two and the completion of at least five years of credited service. A vested former member who [+]added: 10
terminated employment prior to the attainment of early retirement eligibility shall not be eligible for early retirement; (5) The normal and early retirement eligibility
[…]
credited service requirements of five years contained in sections 104.1018, 104.1030, 104.1036, and 104.1051 shall be five years for members covered by this subsection.[+]added: 105.915. 1. The board of trustees of the Missouri
state employees' retirement system shall administer the
deferred compensation fund for the employees of the state of
Missouri that was previously administered by the deferred
compensation commission, as established in section 105.910,
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prior to August 28, 2007. The board shall be vested with
the same powers that it has under chapter 104 to enable it
and its officers, employees, and agents to administer the
fund under sections 105.900 to 105.927.
2. Except as provided in this subsection,
participation in such plan shall be by a specific written
agreement between state employees and the state, which shall
provide for the deferral of such amounts of compensation as
requested by the employee subject to any limitations imposed
under federal law. Participating employees must authorize
that such deferrals be made from their wages for the purpose
of participation in such program. An election to defer
compensation shall be made before the beginning of the
[month in] payroll period for which the compensation is
paid. Contributions shall be made for payroll periods
[occurring on or after the first day of the month] beginning
after the election is made.
3. Each employee eligible to participate in the plan
hired or rehired on or after July 1, 2012, shall be enrolled
in the plan automatically and his or her employer shall, in
accordance with the plan document, withhold and contribute
to the plan an amount equal to one percent of eligible
compensation received on and after the date of hire, unless
the employee elects not to participate in the plan within
the first thirty days of employment, and in that event, any
amounts contributed and earnings thereon will be refunded by
the plan to the employee pursuant to the procedure contained
in the plan documents. Employees who are employed by a
state college or university shall not be automatically
enrolled but may elect to participate in the plan and make
contributions in accordance with the terms of the plan.
4. Effective July 1, 2027:
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(1) The plan document shall provide for automatic
increases in the deferral amount contributed by a
participating employee commencing with the first payroll
period following the employee's one-year anniversary date of
employment or reemployment, whichever is later. The
deferral amount shall increase annually by one-half of one
percent until the amount reaches ten percent of the
employee's eligible compensation or the limitation imposed
under federal law, whichever is less.
(2) Each employee eligible to participate in the plan
who was last hired or rehired on or after July 1, 2012, and
before July 1, 2027, who was automatically enrolled in the
plan pursuant to subsection 3 of this section, and whose
contribution is equal to one percent of eligible
compensation on the effective date, shall be enrolled in
such automatic increases.
(3) Each employee eligible to participate in the plan
who was last hired or rehired on or after July 1, 2027,
shall be enrolled in such automatic increases.
5. Employees who are enrolled automatically or whose
deferral amounts are automatically increased may elect to
change the contribution rate in accordance with the terms of
the plan. Employees who elect not to participate in the
plan may at a later date elect to participate in the plan
and make contributions in accordance with the terms of the
plan. All assets and income of such fund shall be held in
trust by the board for the exclusive benefit of participants
and their beneficiaries. Assets of such trust, and the
trust established pursuant to section 105.927, may be pooled
solely for investment management purposes with assets of the
trust established under section 104.320.
[3.] 6. Notwithstanding any other provision of
sections 105.900 to 105.927, funds held for the state by the
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board in accordance with written deferred compensation
agreements between the state and participating employees may
be invested in such investments as are deemed appropriate by
the board. All administrative costs of the program
described in this section, including staffing and overhead
expenses, may be paid out of assets of the fund, which may
reduce the amount due participants in the fund. Such
investments shall not be construed to be a prohibited use of
the general assets of the state.
[4.] 7. Investments offered under the deferred
compensation fund for the employees of the state of Missouri
shall be made available at the discretion of the board.
[5.] 8. The board and employees of the Missouri state
employees' retirement system shall be immune from suit and
shall not be subject to any claim or liability associated
with any administrative actions or decisions made by the
commission with regard to the deferred compensation program
prior to the transfer made to the board under section
105.910.
[6.] 9. The board and employees of the system shall
not be liable for the investment decisions made or not made
by participating employees as long as the board acts with
the same skill, prudence, and diligence in the selection and
monitoring of providers of investment products, education,
advice, or any default investment option, under the
circumstances then prevailing that a prudent person acting
in a similar capacity and familiar with those matters would
use in the conduct of a similar enterprise with similar aims.
[7.] 10. The system shall be immune from suit and
shall not be subject to any claim or liability associated
with the administration of the deferred compensation fund by
the board and employees of the system.
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[8.] 11. Beginning on or after September 1, 2011, if a
participant under the deferred compensation plan or the plan
established under section 105.927 is married on the date of
his or her death, the participant's surviving spouse shall
be automatically designated as the primary beneficiary under
both plans, unless the surviving spouse consented in
writing, witnessed by a notary public, to allow the
participant to designate a nonspouse beneficiary. As used
in this subsection, "surviving spouse" means the spouse as
defined pursuant to section 104.012 to whom the participant
is lawfully married on the date of death of the participant,
provided that a former spouse shall be treated as the
surviving spouse of the participant to the extent provided
under a judgment, decree, or order that relates to child
support, alimony payments, or marital property rights made
under Missouri domestic relations law that creates or
recognizes the existence of such former spouse's right to
receive all or a portion expressed as a stated dollar amount
or specific percentage stated in integers of the benefits
payable from such plan upon the death of the participant.
This subsection shall not apply to beneficiary designations
made prior to September 1, 2011.
[9.] 12. The board may adopt and amend plan documents
to change the terms and conditions of the deferred
compensation plan and the plan established under section
105.927 that are consistent with federal law.