HB 1440 (Truly Agreed) Modifies the Transportation and Highway Patrol Retirement System and rights of Regional Planning Commission employees
Current Bill Summary
- Prepared by Senate Research -

SCS/HB 1440 - This act renames the Transportation Department and Highway Patrol Retirement System as the Missouri Department of Transportation and Highway Patrol Employees' Retirement System. (Section 104.020)

The act allows time taken without compensation, in accordance with the Family and Medical Leave act of 1993, to be counted as contentious membership. (Section 104.050)

The act revises the time that a member of the retirement system may retire once normal retirement age has been reached. (Section 104.080)

The act adds a provision that allows a uniformed member of the Highway Patrol to retire at age 55, once such individual has accrued four years of creditable service. Current law allows all general employees to retire at age 65, once such individual has accrued four years of creditable service. (Section 104.081)

The act revises the age where an individual may elect to receive other forms of benefits rather than annuity from age fifty to forty-eight years of age. After August 28, 2004 the beneficiaries of the benefit established by subsection three of 104.090 shall be the members spouse at the time of retirement regardless of any subsequent divorce of the parties. Applications for retirement shall only become effective on the first day of the month. (Section 104.090

The act adds former spouses to the current spouse as an individual to whom the members benefits may revert following death. The act removes the prohibition of retroactive benefits. Members who receive disability benefits pursuant to subsection 1 and 2 of Section 104.110 shall be eligible for a death benefit of $5,000. (Section 104.110)

The act modifies the time for selection of a chairperson and vice-chairperson of the board. The executive director may execute all documents to carry out all actions of the board. (Section 104.170)

The act modifies the notice requirements for meetings of the board and provides for compensation in other forms than salary for the executive director or employees of the system. The act adds board members and elected employees of the state highways and transportation commission, and elected employees of highway patrol as those individuals whose actions shall be considered duties of employment. (Section 104.180)

The act limits those surviving spouses who are eligible to receive benefits, pursuant to subsection 3 of Section 104.255, to those whose spouse filed their retirement application prior to August 28, 2004. (Section 104.255)

This act provides that regional planning commissions shall be considered a political subdivision for the purposes of Sections 70.600 to 70.755, RSMo. Employees of regional planning commissions are eligible for membership in the Missouri Local Government Employees' Retirement System once the commission is considered an "employer" pursuant to Section 70.600, RSMo. The act also provides that all monies owed to any retirement system by the commissions must be paid prior to dissolution of a commission. (Section 251.440)

Provisions of this act are contained in SB 1130 (2004).
RICHARD MOORE

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