FIRST REGULAR SESSION

[P E R F E C T E D]

SENATE BILL NO. 274

91ST GENERAL ASSEMBLY


INTRODUCED BY SENATOR CASKEY.

Read 1st time January 11, 2001, and 1,000 copies ordered printed.

Read 2nd time January 29, 2001, and referred to the Committee on Local Government and Economic Development.

Reported from the Committee February 12, 2001, with recommendation that the bill do pass and be placed on the Consent Calendar.

Taken up February 20, 2001. Read 3rd time and placed upon its final passage; bill passed.



TERRY L. SPIELER, Secretary.

1209S.01P


AN ACT

To repeal sections 50.1230 and 50.1250, RSMo 2000, relating to the county employees' retirement system, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Sections 50.1230 and 50.1250, RSMo 2000, are repealed and two new sections enacted in lieu thereof, to be known as sections 50.1230 and 50.1250, to read as follows:

50.1230.  1.  The board, in its sole discretion, shall determine if it will make matching contributions for a calendar year and the aggregate amount of the contribution.  Each member who makes contributions to the deferred compensation program described in section 50.1300 during the calendar year for which the contribution is made shall be eligible to receive an allocation of this contribution.  Generally, the board shall allocate matching contributions pro rata, on the basis of a member's contributions to the deferred compensation program described in section 50.1300.  However, the board shall follow these rules in making this allocation:

(1)  Board matching contributions allocated to a member who is not a member of LAGERS shall not exceed the lesser of (i) three percent of such nonLAGERS member's compensation for the calendar year or (ii) fifty percent of such nonLAGERS member's contributions to the deferred compensation program described in section 50.1300;

(2)  Board matching contributions allocated to a member who is a member of LAGERS shall not exceed the lesser of (i) one and one-half percent of such member's compensation for the calendar year or (ii) twenty-five percent of such member's contributions to the deferred compensation program described in section 50.1300;

(3)  The board shall set a specific matching percentage for each calendar year.  Unless otherwise provided in subdivision (1) of this section, the matching contribution allocated to a nonLAGERS member shall be such matching percentage, multiplied by the member's contributions to the deferred compensation program for the calendar year.  Unless otherwise provided in subdivision (2) of this section, the board matching contribution allocated to a member who is also a LAGERS member shall be one-half of the matching percentage, multiplied by the member's contributions to the deferred compensation program for the calendar year.

2.  In addition to matching contributions made by the board pursuant to the aforementioned criteria, a county shall also be entitled to make matching contributions to defined contribution accounts of members employed by such county in accordance with the rules and regulations formulated and adopted by the board from time to time.

50.1250.  1.  If a member has less than five years of creditable service upon termination of employment, the member shall forfeit the portion of his or her defined contribution account attributable to board matching contributions or county matching contributions pursuant to section 50.1230.  The proceeds of such forfeiture shall be applied towards matching contributions made by the board for the calendar year in which the forfeiture occurs.  If the board does not approve a matching contribution, then forfeitures shall revert to the county employees' retirement fund.  The proceeds of such forfeiture with respect to county matching contributions shall be applied toward matching contributions made by the respective county in accordance with rules prescribed by the board.

2.  A member shall be eligible to receive a distribution of the member's defined contribution account as soon as administratively feasible following termination of employment, or may choose to receive the account balance at a later time, but no later than his or her required beginning date.  The member's account balance shall be paid in a single sum.  The amount of the distribution shall be the amount determined as of the valuation date described in section 50.1240, if the member has at least five years of creditable service.  If the member has less than five years of creditable service upon his or her termination of employment, then the amount of the distribution shall equal the portion of the member's defined contribution account attributable to the member's seed contributions pursuant to section 50.1220, if any, determined as of the valuation date.

3.  If the member dies before receiving the member's account balance, the member's designated beneficiary shall receive the member's defined contribution account balance, as determined as of the immediately preceding valuation date, in a single sum.  The member's beneficiary shall be his or her spouse, if married, or his or her estate, if not married, unless the member designates an alternative beneficiary in accordance with procedures established by the board.

Section B.  The repeal and reenactment of sections 50.1230 and 50.1250 shall become effective January 1, 2002.




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