SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1225
92ND GENERAL ASSEMBLY
Reported from the Committee on Crime Prevention and Public Safety May 5, 2004, with recommendation that the House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1225 Do Pass.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 84.160, and 86.223, RSMo, and to enact in lieu thereof seventeen new sections relating to police officers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 84.160, and 86.223, RSMo, are repealed and seventeen new sections enacted in lieu thereof, to be known as sections 84.160, 86.223, 86.949, 86.952, 86.955, 86.958, 86.961, 86.964, 86.967, 86.970, 86.973, 86.976, 86.980, 86.985, 86.991, 86.994, and 488.028, to read as follows:
84.160. 1. Based upon rank and length of service, the board of police commissioners may authorize maximum amounts of compensation for members of the police force in accordance with the following tables. The amounts of compensation set out in the following tables shall be the maximum amount of compensation payable to commissioned employees in each of the categories, except as expressly provided in this section.
2. From July 1, [2002] 2004, until June 30, [2003] 2005:
SALARY MATRIX-POLICE OFFICER THROUGH CHIEF OF POLICE-FISCAL YEAR
Asst.
P.O. Sgt. Lieut. Capt. Maj. Lt.Col. Chief Chief
Yrs. Salary Salary Salary Salary Salary Salary Salary Salary
[0 32981
1 34182
2 35293
3 37356
4 38377
5 39703 4809
6 41029 48241
7 43573 51200 56276
8 45398 53329 58605
9 47288 55528 61011 66443
10 47457 55695 61178 66611
11 47985 55863 61344 66779 73020
12 48161 56029 61513 66946 73188 75129 79038 93704
13 48327 56197 61680 67114 73353 77673 81582 94037
14 48493 56365 61847 67280 73521 77839 81749 94371
15 48662 56531 62014 67447 73688 78008 81918 94705
16 48828 56698 62180 67614 73856 78174 82083 95040
17 48997 56866 62349 67782 74024 78343 82252 95374
18 49163 57033 62516 68019 74189 78508 82418 95707
19 49329 57200 62684 68116 74357 78675 82584 96043
20 49497 57367 62850 68283 74525 78843 82754 96378
21 49664 57533 63017 68450 74692 79010 82919 96711
22 49831 57702 63185 68617 74858 79179 83087 97045
23 49999 57869 63352 68785 75025 79344 83254 97380
24 50165 58035 63520 68952 75192 79514 83421 97712
25 50333 58203 63686 69120 75361 79679 83590 98048
26 50500 58369 63853 69287 75528 79846 83755 98383
27 50669 58538 64021 69453 75694 80015 83923 98718
28 50835 58705 64188 69621 75860 80180 84088 99052
29 51001 58871 64353 69788 76029 80349 84257 99384
30 51168 59039 64522 69953 76196 80514 84426 99720]
0 34481
1 35682
2 36793
3 38856
4 39877
5 41203 49595
6 42529 49741
7 45073 52700 57776
8 46898 54829 60105
9 48788 57028 62511 67943
10 48957 57195 62678 68111
11 49485 57363 62844 68279 74520
12 49661 57529 63013 68446 74688 76629 80538 95204
13 49827 57697 63180 68614 74853 79173 83082 95537
14 49993 57865 63347 68780 75021 79339 83249 95871
15 50162 58031 63514 68947 75188 79508 83418 96205
16 50328 58198 63680 69114 75356 79674 83583 96540
17 50497 58366 63849 69282 75524 79843 83752 96874
18 50663 58533 64016 69519 75689 80008 83918 97207
19 50829 58700 64184 69616 75857 80175 84084 97543
20 50997 58867 64350 69783 76025 80343 84254 97878
21 51164 59033 64517 69950 76192 80510 84419 98211
22 51331 59202 64685 70117 76358 80679 84587 98545
23 51499 59369 64852 70285 76525 80844 84754 98880
24 51665 59535 65020 70452 76692 81014 84921 99212
25 51833 59703 65186 70620 76861 81179 85090 99548
26 52000 59869 65353 70787 77028 81346 85255 99883
27 52169 60038 65521 70953 77194 81515 85423 100218
28 52335 60205 65688 71121 77360 81680 85588 100552
29 52501 60371 65853 71288 77529 81849 85757 100884
30 52668 60539 66022 71453 77696 82014 85926 101220
3. Each of the above-mentioned salaries shall be payable in biweekly installments. Each officer of police and patrolman whose regular assignment requires nonuniformed attire may receive, in addition to his or her salary, an allowance not to exceed three hundred sixty dollars per annum payable biweekly. No additional compensation or compensatory time off for overtime, court time, or standby court time shall be paid or allowed to any officer of the rank of sergeant or above. Notwithstanding any other provision of law to the contrary, nothing in this section shall prohibit the payment of additional compensation pursuant to this subsection to officers of the ranks of sergeants and above, provided that funding for such compensation shall not:
(1) Be paid from the general funds of either the city or the board of police commissioners of the city; or
(2) Be violative of any federal law or other state law.
4. It is the duty of the municipal assembly or common council of the cities to make the necessary appropriation for the expenses of the maintenance of the police force in the manner herein and hereafter provided; provided, that in no event shall such municipal assembly or common council be required to appropriate for such purposes (including, but not limited to, costs of funding pensions or retirement plans) for any fiscal year a sum in excess of any limitation imposed by article X, section 21, Missouri Constitution; and provided further, that such municipal assembly or common council may appropriate a sum in excess of such limitation for any fiscal year by an appropriations ordinance enacted in conformity with the provisions of the charter of such cities.
5. The board of police commissioners shall pay additional compensation for all hours of service rendered by probationary patrolmen and patrolmen in excess of the established regular working period, and the rate of compensation shall be one and one-half times the regular hourly rate of pay to which each member shall normally be entitled; except that, the court time and court standby time shall be paid at the regular hourly rate of pay to which each member shall normally be entitled. No credit shall be given or deductions made from payments for overtime for the purpose of retirement benefits.
6. Probationary patrolmen and patrolmen shall receive additional compensation for authorized overtime, court time and court standby time whenever the total accumulated time exceeds forty hours. The accumulated forty hours shall be taken as compensatory time off at the officer's discretion with the approval of his supervisor.
7. The allowance of compensation or compensatory time off for court standby time shall be computed at the rate of one-third of one hour for each hour spent on court standby time.
8. The board of police commissioners may effect programs to provide additional compensation to its employees for successful completion of academic work at an accredited college or university, in amounts not to exceed ten percent of their yearly salaries or for field training officer and lead officer responsibilities in amounts not to exceed three percent of their yearly salaries for field training officer responsibilities and an additional three percent of their yearly salaries for lead officer responsibilities. The board may designate up to one hundred fifty employees as field training officers and up to fifty employees as lead officers.
9. The board of police commissioners:
(1) Shall provide or contract for life insurance coverage and for insurance benefits providing health, medical and disability coverage for officers and employees of the department;
(2) Shall provide or contract for insurance coverage providing salary continuation coverage for officers and employees of the police department;
(3) Shall provide health, medical, and life insurance coverage for retired officers and employees of the police department. Health, medical and life insurance coverage shall be made available for purchase to the spouses or dependents of deceased retired officers and employees of the police department who receive pension benefits pursuant to sections 86.200 to 86.364, RSMo, at the rate that such dependent's or spouse's coverage would cost under the appropriate plan if the deceased were living;
(4) May pay an additional shift differential compensation to members of the police force for evening and night tour of duty in an amount not to exceed ten percent of the officer's base hourly rate.
10. The board of police commissioners shall pay additional compensation to members of the police force up to and including the rank of police officer for any full hour worked between the hours of 11:00 p.m. and 7:00 a.m., in amounts equal to five percent of the officer's base hourly pay.
11. The board of police commissioners, from time to time and in its discretion, may pay additional compensation to police officers, sergeants and lieutenants by paying commissioned officers in the aforesaid ranks for accumulated, unused vacation time. Any such payments shall be made in increments of not less than forty hours, and at rates equivalent to the base straight-time rates being earned by said officers at the time of payment; except that, no such officer shall be required to accept payment for accumulated unused vacation time.
86.223. [Each trustee shall be entitled to one vote in the board. Six votes shall be necessary for a decision by the trustees at any meeting of the board.] Six trustees shall constitute a quorum for the transaction of business, and any official action of the board shall be based on the majority vote of the trustees present.
86.949. As used in sections 86.949 to 86.994, unless the context clearly indicates that a different meaning is intended, the following terms shall mean:
(1) "Annuity", annual payments made in equal monthly installments to a member from funds provided for, in, or authorized by sections 86.949 to 86.994;
(2) "Annuity system" or "system", the police chief's and officer's annuity system authorized by sections 86.949 to 86.994;
(3) "Board of directors" or "board", the board of directors established in sections 86.949 to 86.994;
(4) "Creditable membership service", service as a police chief or a police officer of an eligible municipality or as a deputy sheriff after becoming a member that is creditable in determining the amount of the member's benefits under this system;
(5) "Effective date of the establishment of the system", the date the governor declares the system established pursuant to section 86.958;
(6) "Employee", any full-time police chief or police officer of a municipal police department in this state, including the Kansas City police department, the St. Louis police department, and the St. Louis County police department, and any full-time deputy sheriff in this state;
(7) "Member and eligible members", any active police chief, police officer, or deputy sheriff of the system; any former police chief, police officer, or deputy sheriff receiving retirement benefits from the system; any former police chief, police officer, or deputy sheriff that is vested in the system but is not receiving benefits; any police chief, police officer, or deputy sheriff on disability leave; and for the purposes of section 86.961, any police chief or police officer who is employed full time by an eligible municipality or any deputy sheriff who is employed full time by a county;
(8) "Municipality or eligible municipality", each municipal police department in this state, including the Kansas City police department, the St. Louis police department, and the St. Louis County police department;
(9) "Prior service", the total years of full-time licensed and commissioned law enforcement service.
86.952. There is hereby established a "Police Chiefs' and Officers' Annuity Fund" which shall be under the management of a board of directors described in section 86.958. The board of directors shall be responsible for the administration and the investment of the funds of such retirement fund. Neither the general assembly nor the governing body of a county shall appropriate funds for deposit in the fund. If insufficient funds are generated to provide the benefits payable pursuant to the provisions of sections 86.949 to 86.994, the board shall proportion the benefits according to the funds available.
86.955. 1. Beginning August 28, 2004, the following surcharge for police chiefs, police officers, and deputy sheriffs shall be collected and paid as follows:
(1) There shall be assessed and collected a surcharge of seven dollars in all criminal cases filed in the courts of this state including violation of any county or municipal ordinance, or any violation of criminal or traffic laws of this state, including infractions, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state, county, or municipality or when a criminal proceeding or the defendant has been dismissed by the court or against any person who has pled guilty and paid their fine pursuant to subsection 4 of section 476.385, RSMo. For purposes of this section, the term "county ordinance" shall include any ordinance of the city of St. Louis;
(2) The clerk responsible for collecting court costs in municipal criminal cases shall collect and disburse such amounts as provided by sections 488.010 to 488.026, RSMo. Such funds shall be payable to the police chiefs' and officers' annuity fund created under section 86.952, and shall be used only for the purposes provided for in sections 86.949 to 86.994 and for no other purpose.
2. The board may accept gifts, donations, grants, and bequests from public or private sources to the police chiefs' and officers' annuity fund.
86.958. 1. The general administration and the responsibility for the proper operation of the fund and the investment of the fund are vested in a board of directors of six persons. Three directors shall be either elected or appointed chiefs of police who are members of the Missouri police chiefs' association, three of the directors shall be appointed full-time municipal police officers who are members of a state fraternal order of police, and one of the directors shall be a member of the house committee on retirement. The three police chief directors shall be elected by a secret ballot vote of the police chiefs of the municipalities. The three police officer or deputy sheriff directors shall be elected by a secret ballot vote of police officers under the rank of chief and deputy sheriffs. The director from the house committee on retirement shall be appointed by the speaker of the house. Directors shall be chosen for terms of four years from the first day of January; except that the members of the first board shall be appointed by the governor by and with the consent of the senate. Upon completion of the appointment of the board, the governor shall declare the system established. It shall be the responsibility of the initial board to establish procedures for the conduct of future elections of trustees and such procedures must be approved by a majority vote by secret ballot of the police chiefs, officers, and deputy sheriffs. The board shall have all powers and duties that are necessary and proper to enable it, its officers, employees, and agents to fully and effectively carry out all the purposes of sections 86.949 to 86.994.
2. The board of directors shall elect one of their members as chair and one of their members as vice chair and may employ an administrator who shall serve as secretary to the board. The board shall hold regular meetings at least once each quarter. Other meetings may be called as necessary by the chair. Notice of such meetings shall be given in accordance with chapter 610, RSMo.
3. The board of directors shall retain an actuary as technical advisor to the board of directors and an investment counsel to be an investment advisor to the board, and the board of directors shall arrange for annual audits by a certified public accountant.
4. The board of directors shall serve without compensation for their services as such; except that each director shall be paid for any necessary expenses incurred in the performance of duties authorized by the board.
5. The board of directors shall be allowed administrative costs for the operation of the system.
6. The board shall keep a record of its proceedings which shall be open to public inspection and shall annually prepare a report showing the financial condition of the system. The report shall contain, but not be limited to, an auditor's opinion, financial statements prepared in accordance with generally accepted accounting principles, an actuary's certification along with actuarial assumptions, and financial solvency tests.
7. Notwithstanding any other provisions of law to the contrary, after the expiration of the terms of the board of trustees or directors holding office on January 1, 2005, the directors elected as successors to those directors holding office on January 1, 2005, shall be elected to staggered terms of four years each in the following manner: two directors shall be elected for a two-year term with their successors being elected to four-year terms and three directors shall be elected for a four-year term. The procedures for such elections and the designation of which terms will initially be two-year terms and which will be four-year terms shall be established solely by the board of directors of the police chiefs' and officers' retirement system. Three directors shall be elected by a secret ballot vote of the active and eligible police chiefs and two directors shall be elected by a secret vote of the active and eligible police officers with a rank less than chief. Beginning with the election of directors under the provisions of this subsection, at least one but not more than two of the directors may be a retired member of the police chiefs' and officers' retirement system; except that any vacancies occurring on the board after all members have been duly elected shall be filled by the board and such appointed members shall serve until the next regularly scheduled election for such filled position.
8. Notwithstanding any provision of law to the contrary, any board member who was elected to the board as an active member representative and becomes a retired member of the system after such election shall, with the approval of the board, continue to serve on the board as an active member representative until the next regularly scheduled election for that position.
86.961. On and after the effective date of the establishment of the system, as an incident to his or her employment or continued employment, each person employed full time as an elected marshal or chief of police, appointed chief of police, or police officer of a municipality, or deputy sheriff of a county, shall become a member of the system upon their enrollment as a member of the system and their first monthly contribution payment of twenty dollars. Such membership shall continue as long as the person continues to be an employee in a municipal police department or in a sheriff's office, continues to make their monthly contribution, or is eligible to receive benefits under the provisions of sections 86.949 to 86.994.
86.964. Any member who has ten years or more of creditable membership service and a minimum of ten years of prior service as police chief or police officer of an eligible municipality or as a deputy sheriff of a county may receive a normal annuity or who has five years or more of creditable membership service and a minimum of fifteen years of prior service as police chief or police officer of an eligible municipality or as a deputy sheriff may receive a normal annuity. If a member seeks to retire prior to the minimum five years of creditable membership service that has fifteen years of creditable service and is at least fifty-five years of age, but continues to make their contribution payments, that member shall be eligible for a normal annuity. If a member which is receiving benefits passes away then the payments shall continue for the remainder of the five-year benefit period to the member's beneficiary.
86.967. The normal annuity of an activated member shall be five hundred dollars per month for a benefit period of five years. The anticipated sum of all such payments during the year, plus the annual normal cost plus the annual amount to amortize the unfunded actuarial accrued liability in no more than thirty years, shall not exceed the anticipated moneys credited to the system pursuant to section 86.955. The money amount granted shall be continued to any survivor determined and officially documented by each member upon enrollment and may be revised by official notification. In no case shall any member receive benefits of this program prior to the age of fifty-five.
86.970. For the purpose of calculating benefits of a member, creditable membership service years of service as a member of the program and twelfths of a year are to be used.
86.973. Any eligible police chief, officer, or deputy sheriff who becomes a member of the system on the effective date of the establishment of the system shall be given credit for eligible prior service up to fifteen years. All such prior service must be established to the satisfaction of the board.
86.976. Any member may retire at any time after the end of the month during which the member becomes eligible to retire under the provisions of section 86.964 and upon the member's submission of a written application to the board setting forth at what time, not less than thirty days nor more than ninety days subsequent to the execution and filing of the application, the member desires to be retired. The payment of the annuity, subject to the provisions of section 86.994, shall begin as of the first day of the calendar month coincident with or next following the date specified by the member and shall conclude upon the passage of five complete years.
86.980. A death benefit of ten thousand dollars shall be paid to the designated beneficiary of every active member upon his or her death or to his or her estate if there is no designated beneficiary, if the member is killed in the performance of his or her duty.
86.985. 1. A former member who has forfeited creditable service may have the creditable service restored by again becoming an employee and completing creditable membership service as set forth in section 86.961.
2. Absences for sickness or injury of less than twelve months shall be counted as membership service.
86.991. The benefits provided for by sections 86.949 to 86.994 shall in no way affect any person's eligibility for retirement benefits under the local government employees' retirement system under sections 70.600 to 70.755, RSMo, or any other local government retirement or pension system, or in any way have the effect of reducing retirement benefits in such systems, or reducing compensation or mileage reimbursement of employees.
86.994. Annuity payments to retired employees under the provisions of sections 86.949 to 86.994 shall be available beginning January first next succeeding the expiration of five calendar years from the effective date of the establishment of the system to eligible retired employees.
488.028. 1. As provided by section 86.955, RSMo, there shall be assessed and collected a surcharge of seven dollars in all municipal criminal cases filed in the courts of this state, including violations of any county ordinance or any violation of criminal or traffic laws of this state, including infractions, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state, county, or municipality or when a criminal proceeding or the defendant has been dismissed by the court or against any person who has pled guilty and paid their fine pursuant to subsection 4 of section 476.385, RSMo. For purposes of this section, the term "county ordinance" shall include any ordinance of the city of St. Louis. The clerk responsible for collecting court costs in criminal cases shall collect and disburse such amounts as provided by sections 488.010 to 488.020. Such funds shall be payable to the police chiefs' and officers' annuity fund created under section 86.952, RSMo.