HB 831 Modifies provisions relating to public retirement

     Handler: Hummel

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 831 - This act modifies various provisions affecting the County Employees' Retirement Fund (CERF), the Prosecuting Attorneys and Circuit Attorneys Retirement System (PACARS), retirement for airport police officers in St. Louis, the Missouri State Employees' Retirement System (MOSERS), the College and University Retirement Plan (CURP), the Kansas City Public School Retirement System, and the Public School and Education Employee Retirement Systems (PSRS and PEERS).

CERF (50.1190, 52.290, 137.280, 137.345, 140.100)

This act increases various existing fees that are deposited in the county employees’ retirement fund (CERF) and creates a new fee that will also be paid into the fund.

A fee collected from the recorder of deeds on all documents recorded or filed is increased from six dollars to nine dollars.

A fee collected on delinquent and back taxes of which three-sevenths is paid to CERF is changed from seven percent of all sums collected to nine percent. Of the nine percent collected two percent is paid to the county general fund, two percent is paid to the county's tax maintenance fund, and five percent is paid to CERF.

Penalty fees for a taxpayer failing to return personal property assessment lists to the county assessor are increased by five dollars. The assessor must annually submit to CERF the log of property lists not returned and the dollar amount associated with the penalties waived by the assessor. Additionally, CERF shall provide the Joint Committee on Public Employee Retirement an analysis of expected revenue from the assessed penalties compared to the actual revenue.

Under the act, the collector and county clerk shall each receive five dollars for recording delinquent land lists and such fee shall go to CERF.

These provisions shall go into effect January 1, 2018, and are similar to provisions in SCS/SB 295 (2017), HCS/HB 979 (2017), HCS/HB 1151, the truly agreed to and finally passed version of SB 62 (2017), HCS/SB 114 (2017), and HCS/SS/SB 124 (2017).

PACARS (56.363, 56.805, 56.807, 56.814, 56.818, 56.833, 56.840)

This act changes provisions regarding the retirement system for prosecuting and circuit attorneys.

When a county votes to make the office of prosecuting attorney a full time position then the position shall qualify for the same retirement benefits as a full time prosecutor of a first class county and such county shall make the same contributions to the Prosecuting Attorneys and Circuit Attorneys' Retirement Fund (PACARS) as paid by a first class county.

The term "compensation" as used in the PACARS retirement statutes shall include any salary reduction amounts under a cafeteria plan or a deferred compensation plan, but not include reimbursement for any expenses, consideration for agreeing to terminate employment, or any unusual payment not part of regular work pay.

Beginning on January 1, 2018, all members who are eligible to receive an annuity equal to fifty percent of the final average compensation upon retirement will contribute two percent of their salary to the fund, and beginning in 2020 such members shall contribute four percent of salary to the fund. Upon retirement and at the discretion of the board of trustees, a member can receive a lump sum of his or her total contribution not to exceed twenty-five percent of average pay, in addition to any retirement benefits.

A person who becomes a member on or after January 1, 2019, may retire with a normal annuity with twelve or more years of service and reaching the age of sixty-five. Upon termination of employment such member is entitled to a deferred normal annuity payable at age sixty.

A former member who has forfeited creditable service may have the service restored again, in addition to requirements under current law, by becoming an employee within ten years of termination and contributing an amount to the retirement fund equal to any lump sum payment of contributions received upon termination of service.

Retired members shall receive each year a cost of living increase of at least two percent and not to exceed four percent, rather than not to exceed two percent in any year.

All members serving in a first class county, charter county, St. Louis City, or in an county who has elected to make the position of prosecuting attorney a full time position shall receive one year of creditable service for each year served as a full time prosecuting attorney. A member serving as a part-time prosecuting attorney shall receive six-tenths of a year of creditable service for each year served.

A member who vested as a part time prosecuting attorney and ceased being a member for more than six months before returning as a full time prosecuting attorney shall be entitled only to part time benefits, and any creditable service earned as a full time prosecutor shall begin a new vesting period. A member cannot receive benefits while employed as a prosecuting attorney.

These provisions are identical to provisions in HCS/SCS/SB 309 (2017) and HCS/SB 394 (2017), and substantially similar to provisions in HCS/HB 561 (2017), HB 2538 (2016), and HCS/SB 639 (2016).

St. Louis Airport Police Officers (86.207)

This act repeals a provision allowing an employee of the City of St. Louis who is a member of the city’s retirement system and who subsequently becomes a police officer to elect to remain a member of the city’s retirement plan rather than joining the Police Retirement System of St. Louis.

Additionally, those employed as airport police officers by the City of St. Louis are not required to join the Police Retirement System of St. Louis as a condition of their employment.

This provision has an emergency clause and is identical to SB 296 (2017) and to provisions in the truly agreed to and finally passed version of SB 62 (2017), SS/SCS/HCS/HBs 302 & 228 (2017), and substantially similar to HB 819 (2017) and to provisions in HCS/HB 865 (2017) and HCS/SB 394 (2017).

5 Year Vesting for MOSERS Year 2000 Plan (104.1091)

This act changes the vesting requirement for normal retirement eligibility from ten years to five for members of the state retirement benefit plan known as the Year 2000 Plan who first become employees on or after January 1, 2011.

Additionally, the act modifies the benefits of such members who have vested, but are no longer state employees and are not statewide elected officials or members of the General Assembly. Members shall receive a cost of living adjustment twenty four months after retirement, rather than at twelve months following retirement. If a vested former member dies prior to his or her retirement date, his or her spouse will receive the member’s retirement annuity at the date that the member would have retired had he or she not died, rather than at the time of death. Finally, a vested former member who terminates employment prior to normal retirement eligibility is not allowed to convert unused sick leave into credited service.

These provisions are effective January 1, 2018, and are substantially similar to provisions in SCS/SB 333 (2017), HCS/HB 729 (2017), the truly agreed to and finally passed version of SB 62 (2017), and HCS/SB 394 (2017).

Terminated Vested Member Buyout - MOSERS (104.1092)

This act allows terminated vested members of the closed plan of the Missouri State Employees' Retirement System or the Year 2000 plan to elect to receive a lump sum payment instead of a deferred annuity. The member has until May 31, 2018, to make such election.

This provision is identical to a provision contained in the truly agreed to and finally passed version of SB 62 (2017), HCS/HB 729 (2017), HCS/SB 394 (2017), and HCS/HB 865 (2017).

College and University Retirement Plan (104.1205)

This act provides that the retirement plan for employees of certain higher education institutions shall contribute six percent of payroll to the plan, rather then the current one percent of payroll less than the normal cost contribution rate established for employees of institutions other than outside employees, and that employees hired on or after July 1, 2018, shall contribute two percent of pay. Additionally, all employees may also contribute to an optional supplemental retirement account.

The effective date of this section is July 1, 2018, and is identical to provisions in SCS/HB 758 (2017) and the truly agreed to and finally passed version of SB 62 (2017) and similar to HCS/HB 886 (2017), SB 1090 (2016), and to provisions in SS/SCS/SB 980 (2016).

KCPSRS/PSRS (169.324, 169.560)

Current law provides that a retired teacher from the Kansas City Public School Retirement System (KCPSRS) may work part-time for a school district during the school year and not forfeit his or her retirement allowance. The retired teacher may work up to 600 hours and earn 50% of the annual salary received while he or she was teaching prior to retirement.

This act expands this provision to include an individual who is employed by a third party or working as an independent contractor if the services provided by the retiree are provided to or for the benefit of any employer in the Kansas City Public School Retirement System. Documentation may be required showing proof of compliance with this provision.

This provision is substantially similar to provisions in HB 723 (2017), the truly agreed to and finally passed version of SB 62 (2017), HCS/SCS/SB 309 (2017), and HCS/SB 394 (2017), and similar to provisions in HB 305 (2017), SB 441 (2017), HB 1710 (2016), and HCS/HB 1085 (2015).

Current law also provides that a retired teacher receiving an allowance from the Missouri Public School Retirement System (PSRS) may work part-time for a school district covered by the system and not forfeit his or her retirement allowance. The retired individual may work up to 550 hours and earn up to 50% of the annual salary received by the individual while he or she was teaching prior to retirement.

The act expands this provision to any individual who is employed by a third party or working as an independent contractor as a substitute teacher or other position normally requiring certification. Documentation may be required showing proof of compliance with this provision.

This provision is identical to provisions in the truly agreed to and finally passed version of SB 62 (2017), HB 305 (2017), HCS/SCS/SB 309 (2017), HCS/SB 394 (2017), SB 441 (2017), HB 1710 (2016), and HCS/HB 1085 (2015).

PSRS/PEERS (169.141, 169.715)

Currently, in the Public School Teacher Retirement System and Public Education Employees Retirement System nomination of a successor beneficiary must be filed within ninety days of a remarriage. Under the act, the nomination shall be filed within one year of a remarriage.

This act allows retired members of PSRS or PEERS who elected a reduced retirement allowance to provide for survivor benefits for his or her spouse to have the retirement allowance increased to the single life annuity amount, with no survivor benefits, if the member and his or her spouse become divorced on or after September 1, 2017, and if the dissolution decree provides for sole retention by the retired person of all rights in the retirement allowance.

Any such increase in the retirement allowance shall be effective upon the receipt of an application for the increase and a certified copy of the decree of dissolution that meets the requirements of the act.

These sections are identical to provisions in the truly agreed to and finally passed version of SB 62 (2017), HCS/SB 394 (2017), SCS/HCS/HB 304 (2017), and HB 1709 (2016) and similar to HB 1086 (2015).

SA 1 - MODIFIES PROVISIONS REGARDING THE COUNTY EMPLOYEES' RETIREMENT FUND

SA 3 - EXEMPTS CERTAIN PERSONS FROM THE PROVISIONS OF THE JUDICIAL RETIREMENT PLAN 2011

JESSI BAKER


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