SB 0616 Revises Local Government Employee Retirement provisions
LR Number:2445S.02P Fiscal Note:2445-02
Committee:Pensions and General Laws
Last Action:04/05/00 - Voted Do Pass H Retirement Committee Journal page:
Effective Date:August 28, 2000
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Current Bill Summary

SB 616 - This act modifies provisions of the Missouri Local Government Employees' Retirement System (LAGERS).

ADMINISTRATIVE HEARINGS, HEARING OFFICER Section 70.605 - Authorizes the Board to conduct administrative hearings, which may be conducted by a hearing officer appointed by the Board. The Hearing Officer performs fact finding and may make legal recommendations to the Board. Four of the seven Board members must approve in writing any final order or other final actions. Any Board member absent from the hearing may approve any final order or action only after certifying that they reviewed all exhibits and reading the entire hearing transcript.

SOCIAL SECURITY AND BENEFIT PROGRAMS Section 70.655 - Currently, in benefit programs LT-4, LT-5 and LT-8, a member is eligible for a temporary allowance up until the member reaches the earliest of Social Security minimum age or age 62. This act removes the reference to Social Security minimum age. Also, currently, benefit program L-6 (2% of final average salary times years of service) is available only if the position is not concurrently covered by Social Security. This requirement is removed. Additionally, benefit program L-11 (2.5% of final average salary times years of service) is added, which covers positions of employment not concurrently covered by Social Security or after cessation of Social Security coverage. Reference to deleted subsection is removed.

MEMBER DECEASED BEFORE RETIREMENT Section 70.661 - Survivor Benefits. This act changes the calculation of retirement benefits for a surviving spouse to be as if the member retired on the first day of the month following the member's death. Currently, the calculation is based on the actual date of death. If the member died in a non-duty-related accident, the two-year marriage requirement shall not apply. If the member died in a duty-related accident, benefits are calculated to include the period of time the member would have attained age 60 or acquired 5 years of credited service, and the spouse must have been married to the member on the date of injury or onset of disease resulting in the member's death.

FORMER (VESTED) MEMBERS Section 70.675 - If the former member dies prior to receiving the deferred allowance, currently, the surviving spouse must have been living with the former member and married for at least two years prior to the former member's death. The requirement that the spouse must have been living with the former member is removed. Additionally, if the spouse is under age 40 at the time of the member's death, currently the spouse is eligible to receive benefits for no more than 120 months. This provision is removed, thereby allowing the spouse to receive benefits until he or she remarries.

DISABILITY RETIREMENT Section 70.680 - Subsection 6 is removed, which limited a disability retirant's disability allowance to the total of his remuneration plus any Social Security disability payments, if the retirant was under the minimum retirement age and he received remuneration for gainful employment (see Section 70.685).

MAXIMUM DISABILITY BENEFIT Section 70.685 - The calculation for maximum disability benefits is changed to specify that it is calculated on a monthly basis. Additionally, included in the maximum disability benefit is outside remuneration for gainful employment (see Section 70.680).

Portions of this act are contained in CCS/SS/SCS/HB 1808 (TAT).