To repeal sections 104.010, 104.340, 104.350, 104.371, 104.372, 104.374, 104.401, 104.420, 104.470, 104.490, 104.519, 104.602, 104.612, 104.620, 105.691, 287.812, 287.835, 287.845, 476.480, 476.520, 476.530, 476.555, 476.580 and 476.595, RSMo 1994, and sections 104.312, 104.335, 104.395, 104.410, 104.517, 104.530, 104.800, 476.515 and 476.690, RSMo Supp. 1996, relating to certain state retirement systems, and to enact in lieu thereof

thirty-three new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 104.010, 104.340, 104.350, 104.371, 104.372, 104.374, 104.401, 104.420, 104.470, 104.490, 104.519, 104.602, 104.612, 104.620, 105.691, 287.812, 287.835, 287.845, 476.480, 476.520, 476.530, 476.555, 476.580 and 476.595, RSMo 1994, and sections 104.312, 104.335, 104.395, 104.410, 104.517, 104.530, 104.800, 476.515 and 476.690, RSMo Supp. 1996, are repealed and thirty-three new sections enacted in lieu thereof, to be known as sections 104.010, 104.312, 104.335, 104.340, 104.350, 104.371, 104.372, 104.374, 104.395, 104.401, 104.410, 104.420, 104.470, 104.490, 104.517, 104.519, 104.530, 104.602, 104.612, 104.620, 104.800, 105.691, 287.812, 287.835, 287.845, 476.480, 476.515, 476.520, 476.530, 476.555, 476.580, 476.595 and 476.690, to read as follows:

104.010. 1. The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall mean:

     (1) "Accumulated contributions", the sum of all deductions for retirement benefit purposes from a member's compensation which shall be credited to [his] the member's individual account and interest allowed thereon;

     (2) "Active armed warfare", any declared war, or the Korean or Vietnamese conflict;

     (3) "Actuarial equivalent", a benefit which, when computed upon the basis of actuarial tables and interest, is equal in value to a certain amount or other benefit;

     (4) "Actuarial tables", the actuarial tables approved and in use by a board at any given time;

     (5) "Actuary", the actuary who is a member of the American Academy of Actuaries or who is an enrolled actuary under the Employee Retirement Income Security Act of 1974 and who is employed by a board at any given time;

     (6) "Annuity", annual payments, made in equal monthly installments, to a retired member from funds provided for in, or authorized by, this chapter;

     (7) "Average compensation", the average compensation of a member for the thirty-six consecutive months of service prior to retirement when the member's compensation was greatest; or if the member is on workers' compensation leave of absence, the amount of compensation the member would have received may be used, as reported and verified by the employing department; or if the member had less than thirty-six months of service, the average annual compensation paid to the member during the period up to thirty-six months for which the member received creditable service when the member's compensation was the greatest; or if the member is on military leave, the amount of compensation the member would have received may be used as reported and verified by the employing department or, if such amount is not determinable, the amount of the employee's average rate of compensation during the twelve-month period immediately preceding such period of leave, or if shorter, the period of employment immediately preceding such period of leave;

     (8) "Beneficiary", any person entitled to or nominated by a member or retiree who may be legally entitled to receive benefits [under] pursuant to this chapter;

     (9) "Biennial assembly", the completion of no less than two years of creditable service or creditable prior service by a member of the general assembly;

     (10) "Board of trustees", "board", or "trustees", a board of trustees as established for the applicable system [under] pursuant to this chapter;

     [(10)] (11) "Compensation":

     (a) All salary and wages payable out of any state, federal, trust, or other funds to an employee for personal services performed for a department; but including only amounts for which contributions have been made in accordance with section 104.436, or section 104.070, whichever is applicable, and excluding any nonrecurring single sum payments or amounts paid after the member's retirement;

     (b) All salary and wages which would have been payable out of any state, federal, trust or other funds to an employee on workers' compensation leave of absence during the period the employee is receiving a weekly workers' compensation benefit, as reported and verified by the employing department;

     (c) Effective December 31, 1995, compensation in excess of the limitations set forth in Internal Revenue Code section 401(a)(17) shall be disregarded. The limitation on compensation for "eligible employees" shall not be less than the amount which was allowed to be taken into account under the system as in effect on July 1, 1993. For this purpose, an "eligible employee" is an individual who was a member of the system before the first plan year beginning after December 31, 1995;

     [(11)] (12) "Consumer price index", the consumer price index for all urban consumers for the United States, or its successor index, as approved by a board, as such index is defined and officially reported by the United States Department of Labor, or its successor agency;

     [(12)] (13) "Creditable prior service", the service of an employee which was either rendered prior to the establishment of a system, or prior to the date the employee last became a member of a system, and which is recognized in determining the member's eligibility and for the amount of the member's benefits under a system;

     [(13)] (14) "Creditable service", the sum of membership service and creditable prior service, to the extent such service is standing to a member's credit as provided in this chapter;

     [(14)] (15) "Deferred normal annuity", the annuity payable to any former employee who terminated employment as an employee or otherwise withdrew from service with a vested right to a normal annuity, payable at a future date;

     [(15)] (16) "Department", any department, institution, board, commission, officer, court, or any agency of the state government receiving state appropriations, including allocated funds from the federal government, and having power to certify payrolls authorizing payments of salary or wages against appropriations made by the federal government or the state legislature from any state fund, or against trusts or allocated funds held by the state treasurer;

     [(16)] (17) "Disability benefits", benefits paid to any employee while totally disabled as [herein] provided in this chapter;

     [(17)] (18) "Early retirement age", a member's attainment of fifty-five years of age and the completion of ten or more years of creditable service, except for uniformed members of the water patrol;

     [(18)] (19) "Employee":

     (a) Any elective or appointive officer or person employed by the state who is employed, promoted or transferred by a department into a new or existing position and earns a salary or wage in a position [normally] requiring the performance by [him] the person of duties during not less than one thousand hours per year, including each member of the general assembly but not including any patient or inmate of any state, charitable, penal or correctional institution. However, persons who are members of the public school retirement system and who are employed by a state agency other than an institution of higher learning shall be deemed "employees" for purposes of participating in all insurance programs administered by a board established [under] pursuant to section 104.450. This definition shall not exclude any employee as defined [herein] in this subdivision who is covered only under the federal Old Age and Survivors' Insurance Act, as amended. As used in this chapter, the term "employee" shall include:

     a. Persons who are currently receiving annuities or other retirement benefits from some other retirement or benefit fund, so long as they are not simultaneously accumulating creditable service in another retirement or benefit system which will be used to determine eligibility for or the amount of a future retirement benefit;

     b. Persons who have elected to become or who have been made members of a system [under] pursuant to section 104.342;

     (b) Any person who has performed services in the employ of the general assembly or either house thereof, or any employee of any member of the general assembly while acting in [his] the person's official capacity as a member, and whose position does not normally require [him] the person to perform duties during at least one thousand hours per year, with a month of service being any monthly pay period in which the employee was paid for full-time employment for that monthly period;

     (c) "Employee" does not include special consultants employed pursuant to section 104.610;

     (d) As used in this chapter, the hours governing the definition of employee shall be applied only from August 13, 1988, forward;

     [(19)] (20) "Employer", a department of the state;

     [(20)] (21) "Executive director", the executive director employed by a board established [under] pursuant to the provisions of this chapter;

     [(21)] (22) "Fiscal year", the period beginning July first in any year and ending June thirtieth the following year;

     (23) "Full biennial assembly", the period of time beginning on the first day the general assembly convenes for a first regular session until the last day of the following year;

     [(22)] (24) "Fund", the benefit fund of a system established [under] pursuant to this chapter;

     [(23)] (25) "Interest", interest at such rate as shall be determined and prescribed from time to time by a board;

     [(24)] (26) "Member", as used in sections 104.010 to 104.270 or 104.600 to 104.800 shall mean a member of the highways and transportation and highway patrol retirement system without regard to whether or not [he] the member has been retired. "Member", as used in sections 104.010 and 104.320 to 104.800, shall mean a member of the Missouri state employees' retirement system without regard to whether or not [he] the member has been retired;

     [(25)] (27) "Membership service", the service after becoming a member that is recognized in determining a member's eligibility for and the amount of a member's benefits under a system;

     [(26)] (28) "Military service", all active service performed in the United States Army, Air Force, Navy, Marine Corps, Coast Guard, [and] the Army National Guard and Air National Guard when engaged in active duty for training, inactive duty training or full-time national guard duty, members of the United States Public Health Service or any women's auxiliary thereof, and any other category of persons designated by the President in time of war or emergency;

     [(27)] (29) "Normal annuity", the annuity provided to a member upon retirement at or after the member's normal retirement age;

     [(28)] (30) "Normal retirement age", an employee's attainment of sixty-five years of age and the completion of four years of creditable service or the attainment of age sixty-five years of age and the completion of five years of creditable service by a member who has terminated employment and is entitled to a deferred normal annuity or the member's attainment of age sixty and the completion of fifteen years of creditable service, except that normal retirement age for uniformed members of the highway patrol shall be fifty-five years of age and the completion of four years of creditable service and uniformed [members] employees of the water patrol shall be fifty-five years of age and the completion of four years of creditable service or the attainment of age fifty-five and the completion of five years of creditable service by a member of the water patrol who has terminated employment and is entitled to a deferred normal annuity and members of the general assembly shall be fifty-five years of age and the completion of three full biennial assemblies. Notwithstanding any other provision of law to the contrary, a member of the Missouri highways and transportation and highway patrol retirement system or a member of the Missouri state employees' retirement system shall be entitled to retire with a normal annuity and shall be entitled to elect any of the survivor benefit options and shall also be entitled to any other provisions of this chapter that relate to retirement with a normal annuity if the sum of the member's age and creditable service equals eighty years or more and if the member is at least fifty years of age;

     [(29)] (31) "Payroll deduction", deductions made from an employee's compensation;

     [(30)] (32) "Prior service credit", the service of an employee rendered prior to the date the employee became a member which service is recognized in determining the member's eligibility for benefits from a system but not in determining the amount of the member's benefit;

     [(31)] (33) "Reduced annuity", an actuarial equivalent of a normal annuity;

     [(32)] (34) "Retiree", a member who is not an employee and who is receiving an annuity from a system [under] pursuant to this chapter;

     [(33)] (35) "System" or "retirement system", the highways and transportation employees' and highway patrol retirement system, as created by sections 104.010 to 104.270, or sections 104.600 to 104.800, or the Missouri state employees' retirement system as created by sections 104.320 to 104.800;

     [(34)] (36) "Uniformed members of the highway patrol", the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals, and patrolmen of the Missouri state highway patrol who normally appear in uniform;

     [(35)] (37) "Uniformed members of the water patrol", employees of the Missouri state water patrol of the department of public safety who are classified as water patrol officers who have taken the oath of office prescribed by the provisions of chapter 306, RSMo, and who have those peace officer powers given by the provisions of chapter 306, RSMo;

     [(36)] (38) "Vesting service", the sum of a member's prior service credit and creditable service which is recognized in determining the member's eligibility for benefits under the system.

     2. Benefits paid [under] pursuant to the provisions of this chapter shall not exceed the limitations of Internal Revenue Code section 415, the provisions of which are hereby incorporated by reference.

     104.312. 1. The provisions of subsection 2 of section 104.250, subsection 2 of section 104.540, subsection 2 of section 287.820, RSMo, and section 476.688, RSMo, to the contrary notwithstanding, any pension, annuity, benefit, right, or retirement allowance provided pursuant to this chapter, chapter 287, RSMo, or chapter 476, RSMo, is marital property and after August 28, 1994, a court of competent jurisdiction may divide the pension, annuity, benefits, rights, and retirement allowance provided pursuant to this chapter, chapter 287, RSMo, or chapter 476, RSMo, between the parties to any action for dissolution of marriage. A division of benefits order issued pursuant to this section:

     (1) Shall not require the applicable retirement system to provide any form or type of annuity not selected by the member and not normally made available by that system;

     (2) Shall not require the applicable retirement system to commence payments until the member submits a valid application for an annuity and the annuity becomes payable in accordance with the application;

     (3) Shall identify the monthly [dollar] amount to be paid to the alternate payee, which shall not exceed fifty percent of the amount of the member's annuity accrued during the time while the member and alternate payee were married and based on the member's vested annuity [at] on the [time] date of the [order] dissolution of marriage, and the amount shall be adjusted proportionately if the member's annuity is reduced due to early retirement;

     (4) Shall not require the payment of an annuity amount to the member and alternate payee which in total exceeds the amount which the member would have received without regard to the order;

     (5) Shall provide that any benefit formula increases, additional years of service, increased average compensation or other type of increases accrued after the date of the [order] dissolution of marriage shall accrue solely to the benefit of the member, except that annual benefit increases [will] shall be applied to the amount received by both the member and the alternate payee;

     (6) Shall terminate upon the death of either the member or the alternate payee, whichever occurs first;

     (7) Shall not create an interest which is assignable or subject to any legal process;

     (8) Shall include the name, address and social security number of both the member and the alternate payee, and the identity of the retirement system to which it applies;

     (9) Shall be consistent with any other division of benefits orders which are applicable to the same member.

     2. A system established by this chapter shall provide the court having jurisdiction of a dissolution of marriage proceeding or the parties to the proceeding with information necessary to issue a division of benefits order concerning a member of the system, upon written request from the court or the parties which cites this section and identifies the case number and parties.

     3. A system established by this chapter shall have the discretionary authority to reject a division of benefits order for the following reasons:

     (1) The order does not clearly state the rights of the member and the alternate payee;

     (2) The order is inconsistent with any law governing the retirement system.

     104.335. 1. Any member, whose employment terminated prior to September 1, 1972, and (a) who had served at least three full biennial assemblies as a member of the general assembly, or (b) who was other than a member of the general assembly and who had fifteen or more years of vesting service shall be entitled to a deferred normal annuity based on the member's creditable service, average compensation and the law in effect at the time the member's employment was terminated.

     2. (1) Any member, whose employment terminated on or after September 1, 1972, and prior to July 1, 1981, and (a) who had served at least three full biennial assemblies as a member of the general assembly, or (b) who was other than a member of the general assembly and who had fifteen or more years of vesting service or who had ten or more years of vesting service and was at least thirty-five years of age at the date of termination of employment shall be entitled to a deferred normal annuity based on the member's creditable service, average compensation and the law in effect at the time the member's employment was terminated.

     (2) Any member, whose employment terminated on or after July 1, 1981, and (a) who had served at least three full biennial assemblies as a member of the general assembly, or (b) who was other than a member of the general assembly and who had ten or more years of vesting service at the date of termination of employment shall be entitled to a deferred normal annuity based on the member's creditable service, average compensation and the law in effect at the time the member's employment was terminated.

     (3) Any member, whose employment terminated on or after September 1, 1972, and who had four or more years of vesting service as governor, lieutenant governor, secretary of state, auditor, treasurer, or attorney general of this state shall be entitled to a deferred normal annuity based on the member's creditable service, average compensation and the law in effect at the time the member's employment was terminated.

     (4) Any member whose employment terminated on or after September 28, 1985, and who (a) had served less than three full biennial assemblies as a member of the general assembly, and (b) has less than ten years of vesting service as an employee other than a member of the general assembly shall be entitled to two years of vesting service for each full biennial assembly in which the member served plus an additional amount of vesting service for each partial biennial assembly served, which amount shall be equal to the pro rata portion of the biennial assembly so served. The total amount of vesting service provided for in this subdivision shall be used to calculate the deferred normal annuity or deferred partial annuity to which such member is entitled based on the member's creditable service, which includes all service designated as vesting service [under] pursuant to this subdivision, the member's average compensation, and, unless otherwise specified in sections 104.010 and 104.320 to 104.800, the law in effect at the time the member's employment was terminated.

     3. Any member whose employment terminated on or after [April 1, 1984] October 1, 1984, but before September 28, 1992, and who was other than a member of the general assembly and who has five or more years of vesting service as an employee at the date of termination of employment shall be entitled to a deferred partial annuity based on the member's creditable service, average compensation, and the law in effect at the time the member's employment was terminated, in the following amounts:

     (1) An employee with at least five years of vesting service, but less than six years, is entitled to fifty percent of the amount payable as a deferred normal annuity;

     (2) An employee with six years of vesting service, but less than seven years, is entitled to sixty percent of the amount payable as a deferred normal annuity;

     (3) An employee with seven years of vesting service, but less than eight years, is entitled to seventy percent of the amount payable as a deferred normal annuity;

     (4) An employee with eight years of vesting service, but less than nine years, is entitled to eighty percent of the amount payable as a deferred normal annuity;

     (5) An employee with nine years of vesting service, but less than ten years, is entitled to ninety percent of the amount payable as a deferred normal annuity.

     4. Any member whose employment terminated on or after September 28, 1992, and who was other than a member of the general assembly and who has five or more years of vesting service as an employee at the date of termination of employment shall be entitled to a deferred normal annuity based on the member's creditable service, average compensation, and the law in effect at the time the member's employment was terminated.

     5. Any member who is entitled to a deferred normal annuity as provided in subsection 1, 2, 3, or 4 of this section and who reenters the service of a department and again becomes a member of the system for one or more continuous years of membership service shall have the member's prior period of vesting service [restored] combined with the member's current membership service, so that any benefits that may become payable under this system by reason of the member's retirement or subsequent withdrawal will recognize such prior period of vesting service.

     6. (1) A terminated vested member who has terminated employment from a position covered by the Missouri state employees' retirement system for a period of six months or longer may make a one-time election for the system to pay the present value of a deferred annuity if the amount of the terminated member's creditable service is less than ten years, and if the terminated member is not within five years of eligibility for receiving an annuity. The present value shall be actuarially determined by the system. Except as provided in subdivision (2) of this subsection, any payment so made shall be a complete discharge of the existing liability of the system with respect to the terminated member.

     (2) Upon subsequent employment for a period of twelve consecutive months in a position covered by the Missouri state employees' retirement system, the employee may elect, within ninety days after such twelve-month period, to purchase creditable service equal to the amount of creditable service surrendered due to a payment as specified in this subsection. The cost of such purchase shall be actuarially determined by the system, and shall be paid over a period of not longer than two years from the date of election, with interest on the unpaid balance.

     104.340. 1. Any member, on the first day of the first month following the original effective date of sections 104.310 to 104.540, September 1, 1957, shall be entitled to creditable prior service for the purpose of sections 104.310 to 104.620 for all active military service performed in the United States Army, Air Force, Navy, Marine Corps, Coast Guard and members of the United States Public Health Service when in the active military service, or any women's auxiliary thereof in time of active armed warfare, if such member was a state employee immediately prior to the member's entry into the armed services and became an employee of the state within ninety days after termination of such service under honorable conditions or release to inactive status in a reserve component of the armed forces. This includes:

     (1) Members of the reserve component of the armed forces (National Guard of the United States, United States Army Reserve, Air National Guard of the United States, United States Air Force Reserve, United States Naval Reserve, United States Marine Corps Reserve, United States Coast Guard);

     (2) Reserve components existing prior and subsequent to the original effective date of sections 104.310 to 104.540; and

     (3) The reserve of the United States Public Health Service, while in the active military service of the United States.

     2. Any former full-time employee of a state board, whether unassigned or assigned to the governor, who becomes a member within one year of termination of employment with the board, shall be entitled to creditable prior service not to exceed eight years for service rendered, provided the member had not become vested in a city or county retirement system and has or attains one or more years of continuous service.

     3. Notwithstanding any other provision of law to the contrary, any employee of a political subdivision who becomes a state employee, or gains eligibility to become a member, by an act, or acts, of the general assembly after August 13, 1986, making such employment state employment shall be entitled only to prior service credit for such employment with a political subdivision. Such prior service credit, which cannot exceed eight years, shall be used in the determination of eligibility for benefits [under] pursuant to the provisions of sections 104.310 to 104.612 but not in determining the amount of benefits, if the person makes application to the board for such prior service credit within ninety days of becoming a member of the Missouri state employees' retirement system, and establishes such service to the satisfaction of the board; except that such prior service credit shall not be used for the purposes of computing the minimum benefit provided by section 104.615.

     4. Any member who had served in the armed forces of the United States prior to becoming a member, or who is otherwise ineligible [under] pursuant to subsection 1 of this section or other provisions of this chapter, and who became a member after [his] the person's discharge under honorable conditions may elect, prior to retirement, to purchase all of [his] the member's creditable prior service equivalent to such service in the armed forces, but not to exceed four years, provided [he] the person is not receiving and is not eligible to receive retirement credits or benefits from any other public or private retirement plan for the service to be purchased, and an affidavit so stating shall be filed by the member with the retirement system. However, if the member is eligible to receive retirement credits in a United States military service retirement system, [he] the member shall be permitted to purchase creditable prior service equivalent to [his] the member's service in the armed services, but not to exceed four years, any other provision of law to the contrary notwithstanding. The purchase shall be effected by the [member's] member paying to the retirement system an amount equal to what would have been contributed by the state in [his] the member's behalf had [he] the member been a member for the period for which [he] the member is electing to purchase credit and had [his] the member's compensation during such period of membership been the same as the annual salary rate at which [he] the member was initially employed as a member, with the calculations based on the contribution rate in effect on the date of employment with simple interest calculated from the date of employment from which [he] the member could first receive creditable service to the date of election [under] pursuant to this subsection. The payment shall be made over a period of not longer than two years, measured from the date of election, and with simple interest on the unpaid balance. Payments made for such creditable prior service [under] pursuant to this subsection shall be treated by the retirement system as would contributions made by the state and shall not be subject to any prohibition on member contributions or refund provisions in effect at the time of enactment of this subsection.

     5. Any member who terminated employment prior to August 13, 1986, who had served in the armed forces of the United States prior to becoming a member, or who is otherwise ineligible pursuant to subsection 4 of this section or other provisions of this chapter, and who became a member after the person's discharge under honorable conditions shall, upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board of the system from which the person retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation for such services, the consultant shall be eligible to purchase, prior to retirement, creditable prior service as provided in subsection 4 of this section.

     [5.] 6. Any member who is an employee on or after June 30, 1988, shall be entitled to creditable prior service for all full-time service rendered at Lincoln University prior to June 30, 1988, if such service is established to the satisfaction of the board, provided such member elects in writing to forfeit all rights accrued under the Lincoln University retirement plan for such service, and provided such service is not now credited the member under the Missouri state employees' retirement system.

     [6.] 7. Any person who is an employee on or after August 28, 1989, and who has been denied credit for any service because [he] the person was a member of some other retirement system or benefit fund to which the state was a contributor shall receive creditable prior service for all the service rendered which would have otherwise been earned during such period of service by the person except for the denial of credit; however, in no event shall any person receive service credit for the same period of service under more than one retirement system.

     [7.] 8. Upon application to the board, any member or former member not yet retired previously employed by the Missouri institute of psychiatry prior to July 1, 1974, and who by virtue of such employment was a member of a retirement system or plan other than the Missouri state employees' retirement system but did not become vested in that system or plan shall receive creditable prior service for such service, provided that such service is not used for the calculation of benefits under any other retirement system or plan, excluding social security, and that such service is established to the satisfaction of the board.

     [8.] 9. Any retired member previously employed by the Missouri institute of psychiatry prior to July 1, 1974, and who by virtue of such employment was a member of a retirement system or plan other than the Missouri state employees' retirement system but did not become vested in that system or plan may make application to be made, constituted, appointed, and employed by the board as a special consultant on the problems of retirement, aging and other state matters. As compensation the special consultant shall receive beginning the month next following such appointment an amount equal to the retirement benefit the member would have been receiving had such service been included in the original retirement benefit calculation, provided that such service is not used for the calculation of benefits under any other retirement system or plan, excluding social security, and that such service is established to the satisfaction of the board.

     [9.] 10. Notwithstanding any other provisions of law to the contrary, if a former employee terminated employment before January 1, 1988, and such former employee had also served as a board member [under] pursuant to the provisions of section 329.190, RSMo, such former employee shall upon application to the board of trustees of the Missouri state employees' retirement system be made a special consultant on the problems of retirement and shall upon request of the board of trustees give opinions in writing or orally in response to such request. As compensation for such services, the former employee shall receive creditable service for all time [he] the former employee was employed by the state and the time [he] the former employee served on the board [under] pursuant to the provisions of section 329.190, RSMo, provided that such service is not used for vesting in any other public employee retirement system.

     104.350. 1. Upon withdrawal from service, any member who is not entitled to a normal annuity, deferred normal annuity or disability benefits [under] pursuant to the provisions [hereof] of this chapter shall forfeit all rights in the fund, including the member's accrued creditable service as of the date of the member's withdrawal.

     2. A former employee who is an employee on October 1, 1984, or who becomes an employee after October 1, 1984, who has forfeited service [for any period prior to October 1, 1984,] shall have the forfeited period of service restored upon completion of one year of continuous service.

     104.371. 1. The normal annuity of a state official holding an elective state office, other than a member of the general assembly, shall be an amount equal to one and six-tenths percent of the average compensation of such elective or appointed officer multiplied by the number of years of creditable service of such elective or appointed officer; except that, if a member has held one or more statewide state elective offices for a total of at least twelve years, [his] the member's normal annuity after September 28, 1983, shall be equal to fifty percent of the compensation provided by law at the time of retirement for the state officer of the highest office held, other provisions of law notwithstanding. The benefits shall be funded as provided in section 104.436.

     2. Any member who has served in at least three full biennial assemblies as a member of the general assembly may elect to be credited with additional service as a state officer or employee for each year in which he or she served as a member of the general assembly with each full biennial assembly served counting as two years of service and each partial biennial assembly served counting as the pro rata portion of two years which is equal to the portion of the general assembly served.

     3. Any member who terminated employment prior to August 28, 1994, who has served in at least three full biennial assemblies as a member of the general assembly, may upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the member's life. Upon request of the board, the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation for such services, the consultant may elect to be credited with additional service as a statewide elected official or employee for each year in which he or she served as a member of the general assembly, with each full biennial assembly served counting as two years and each partial biennial assembly served counting as the pro rata portion of two years which is equal to the portion of the general assembly served.

     [3.] 4. Any elected statewide officer may retire after attaining fifty-five years of age and having had at least ten years of vesting service. In such case, such elected officer shall receive an annuity in an amount which is the actuarial reduction approved by the board of the normal annuity the member would have received commencing at the earliest date on which the member is entitled to an unreduced benefit based on the member's creditable service at the date such member left office.

     [4.] 5. Any member who may retire as an elected statewide officer who has attained sixty years of age and has at least fifteen years of creditable service may retire with a normal annuity benefit.

     [5.] 6. Any member who may retire as an elected statewide elected officer shall be entitled to retire with a normal annuity if the sum of the member's age and creditable service equals eighty years or more and if the member is at least fifty years of age.

     104.372. 1. (a) In the event a person who served as a member of the general assembly or in an elective state office on or after September 1, 1976, and who retired after September 1, 1976, dies, a survivor's income in an amount equal to fifty percent of the monthly annuity the retired member was receiving at the time of the member's death shall be paid in monthly installments to such deceased retired member's surviving spouse; provided such surviving spouse had been married to the deceased retired member of the general assembly or elected official continuously for a period of at least two years [preceding] immediately prior to the date of the member's death; or if there is no surviving spouse eligible to receive such survivor's income, then such survivor's income shall be payable to any [unemancipated minor] children under the age of twenty-one of the deceased member of the general assembly or elective official in equal shares in a total amount equal to such survivor's income that would otherwise have been paid to the surviving spouse until the children [become emancipated or] reach twenty-one years of age. The benefits shall be funded as provided in section 104.436[.]; or

     (b) Upon the death of a person who served as a member of the general assembly or in an elective state office on or after September 1, 1976, and who retired pursuant to the provisions of this chapter on or after September 1, 1976, and who terminated employment before August 28, 1988, such deceased retired member's surviving spouse, who had been married to the deceased retired member continuously for a period of at least two years immediately prior to the date of the member's death, may apply to the board of trustees and shall be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the surviving spouse's life, and upon request of the board shall give opinions, and be available to give opinions in writing, or orally, in response to such requests. As compensation for such services, beginning the first of the month following application, such surviving spouse shall receive monthly an amount equal to fifty percent of the monthly annuity the retired member was receiving at the time of the member's death.

     2. If a member of the general assembly who has served in at least three full biennial assemblies dies before retirement [under], pursuant to the provisions of sections 104.312 to 104.801, a survivor's benefit shall be paid in an amount equal to fifty percent of the member's accrued annuity calculated as if the member were of normal retirement age as of [his] the member's death. The survivor's benefit [will] shall be paid in monthly installments to such deceased member's surviving spouse; provided such surviving spouse had been married to the deceased member of the general assembly continuously for a period of at least two years [preceding] immediately prior to the date of the member's death; or if there is no surviving spouse eligible to receive such survivor's benefit, such survivor's benefit shall be payable to any [unemancipated minor] children under the age of twenty-one of the deceased member of the general assembly in equal shares in a total amount equal to such survivor's benefit that would otherwise have been paid to the surviving spouse until the children [become emancipated or] reach twenty-one years of age.

     3. In the event a person who has held one or more statewide state elective offices for a total of at least twelve years, and whose retirement benefits have been calculated and are being paid [under] pursuant to the provisions of section 104.371, dies, a survivor's benefit in an amount equal to fifty percent of the benefits being paid the member pursuant to section 104.371 shall be paid to the member's surviving spouse. The survivor's benefits shall be paid in the manner provided in section 104.371.

     4. Every member of the state employees' retirement system who had previous state employment by a state agency by virtue of which [he] the person was a member of the public school retirement system of Missouri and has previously withdrawn [his] the person's employee contribution to the public school retirement system shall upon request if qualified [under] pursuant to the provisions of this subsection receive creditable prior service in the state employees' retirement system for such service notwithstanding any other provisions of law. The public school retirement system shall pay to the state employees' retirement system an amount equal to the contribution paid to the public school retirement system on behalf of the employee by [his] the employee's employer, and the commissioner of administration shall pay an equal amount to the state employees' retirement system from funds appropriated from the general revenue fund for such purpose. In no event shall any person receive credit for the same period of service under more than one retirement system.

     5. Upon the death of a person who served as a member of the general assembly or in an elective state office and who retired pursuant to the provisions of this chapter on or before September 1, 1976, such deceased retired member's surviving spouse, who had been married to the deceased retired member continuously for a period of at least two years [preceding] immediately prior to the date of the member's death, may apply to the board of trustees and shall be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging, and other state matters for the remainder of the surviving spouse's life, and upon request of the board shall give opinions, and be available to give opinions in writing, or orally, in response to such requests. As compensation for such services, beginning the first of the month following application, such surviving spouse shall receive monthly an amount equal to fifty percent of the monthly annuity the retired member was receiving at the time of the member's death.

     104.374. 1. The normal annuity of a member, other than a member of the general assembly or a member who served in an elective state office, shall be an amount equal to one and six-tenths percent of the average compensation of the member multiplied by the number of years of creditable service of the member. Years of membership service and twelfths of a year are to be used in calculating any annuity. Absences for sickness and injury of less than twelve months or for military service or training [under] pursuant to subsection 2 of section 104.330 shall be counted as years of membership service.

     2. In addition to the amount determined pursuant to subsection 1 of this section, the normal annuity of a uniformed member of the water patrol shall be increased by thirty-three and one-third percent of the benefit.

     3. In lieu of the annuity payable to [him] the member pursuant to subsection 1 of this section, an employee of the department of conservation may elect in [his] the member's application for retirement to receive [his] the member's normal annuity in regular monthly payments for life during retirement with the provision that upon [his] the member's death a survivor's benefit equal to one-half the member's normal annuity at the date of [his] the member's death shall be paid to the member's spouse in regular monthly payments for life.

     4. Employees who are fully vested at the age of sixty-five years and who continue to be employed by an agency covered under the system or members of the general assembly who serve in the general assembly after the age of sixty-five years shall have added to their normal annuity when they retire or die an amount equal to the total of all annual cost-of-living increases that the retired members of the system received during the years between when the employee or member of the general assembly reached sixty-five years of age and the year that the employee or member of the general assembly [retired] terminated employment or died. In no event shall the total increase in compensation granted [under] pursuant to this subsection and subsection 2 of section 104.612 exceed sixty-five percent of the person's normal annuity calculated at the time of retirement or death.

     104.395. 1. In lieu of the normal annuity otherwise payable to a member [under] pursuant to section 104.335, 104.374 or 104.400, the member whose age at retirement is fifty years or more may elect in the member's application for retirement to receive either:

     Option 1. An actuarial reduction approved by the board of the member's annuity in reduced monthly payments for life during retirement with the provision that upon the member's death the reduced annuity at the date of the member's death shall be continued throughout the life of, and be paid to, the member's spouse to whom the member was married at the date of retirement and who was nominated by the member to receive such payments in the member's application for retirement. The surviving spouse shall designate a beneficiary to receive any final monthly payment due after the death of the surviving spouse; or

     Option 2. An actuarial reduction approved by the board of the member's annuity in reduced monthly payments for life during the member's retirement with the provision that upon the member's death a survivor's benefit equal to one-half the member's reduced annuity at the date of the member's death shall be paid to the member's spouse to whom the member was married at the date of retirement and who was nominated by the member to receive such payments in the member's application for retirement, in regular monthly payments for life. The surviving spouse shall designate a beneficiary to receive any final monthly payment due after the death of the surviving spouse; or

     Option 3. An actuarial reduction approved by the board of the member's normal annuity in reduced monthly payments for the member's life with the provision that if the member dies prior to the member having received one hundred twenty monthly payments of the member's reduced annuity, the member's reduced [allowance] annuity to which the member would have been entitled had the member lived shall be paid for the remainder of the [one hundred twenty months'] one hundred twenty-month period to such person as the member shall have nominated by written designation duly executed and filed with the board. If there [be] is no such beneficiary surviving the retirant, the reserve for such [allowance] annuity for the remainder of such [one hundred twenty months'] one hundred twenty-month period shall be paid to the retirant's estate. If such beneficiary dies prior to having received the remainder of the one hundred twenty-monthly payments of the retiree's reduced annuity, the reserve for such annuity for the remainder of such one hundred twenty-month period shall be paid to the beneficiary's estate; or

     Option 4. An actuarial reduction approved by the board of the member's normal annuity in reduced monthly payments for the member's life with the provision that if the member dies prior to the member having received sixty monthly payments of the member's reduced annuity, the member's reduced [allowance] annuity to which the member would have been entitled had the member lived shall be paid for the remainder of the [sixty months'] sixty-month period to such person as the member shall have nominated by written designation duly executed and filed with the board. If there [be] is no such beneficiary surviving the retirant, the reserve for such [allowance] annuity for the remainder of such [sixty months'] sixty-month period shall be paid to the retirant's estate. If such beneficiary dies prior to having received the remainder of the sixty monthly payments of the retiree's reduced annuity, the reserve for such annuity for remainder of the sixty-month period shall be paid to the beneficiary's estate.

     2. The election may be made only in the application for retirement, and such application [must] shall be filed prior to the date on which the retirement of the member is to be effective, provided that if either the member or the spouse nominated to receive the survivorship payment dies before the effective date of retirement, the election shall not be effective. Any application for retirement shall include [an acknowledgement by] a statement from the member [certifying] indicating that the member's spouse at the time the application was completed was aware of the application and the plan of retirement elected in the application.

     3. For members who retire on or after August 28, 1995, in the event such member [has chosen] elected a joint and survivor option [under] pursuant to the provisions of this section and the member's eligible spouse precedes the member in death, the member's [benefit] annuity shall revert effective the first of the month following the death of the spouse regardless of when the board receives the member's written application for the benefit provided in this subsection, to an amount equal to the member's normal annuity, as adjusted for early retirement if applicable; such benefit shall include any increases the member would have received since the date of retirement had the member elected a normal annuity. In no event shall retroactive benefits be paid.

     4. Effective on or after August 28, 1995, any retired member who had elected a joint and survivor payment option and whose spouse precedes or preceded the member in death, shall upon application to the board be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging, and other state matters. As a special consultant under the provisions of this section, the member's reduced [benefit] annuity shall revert to a normal annuity as adjusted for early retirement, if applicable, effective the first of the month following the death of the spouse or August 28, 1995, whichever is later, regardless of when the board receives the member's written application; such [benefit] annuity shall include any increases the retired member would have received since the date of retirement had the member elected a normal annuity. In no event shall retroactive benefits be paid.

     104.401. 1. Any member may retire with the annuity provided for in section 104.335, 104.370, 104.371, 104.374 or 104.400 upon the member's written application to the board designating at [what] the time the member desires the service retirement [allowance (the annuity)] annuity to commence; except that at the time specified for the commencement of benefits, the member must have [obtained] attained the [minimum service] normal retirement age or meet the eligibility requirements of subsection 2 of section 104.400 and must have sufficient years of creditable service. The application for benefits may be filed up to ninety days prior to the designated annuity commencement date. The annuity shall commence as of the latter of the first day of the calendar month coincident with or next following the date specified by the member or the first day of the calendar month next following the month in which the application for benefits is executed and filed. The payment of the monthly service retirement [allowance (the annuity)] annuity shall be made by the last day of each month, providing all documentation required for the calculation and payment of the benefits is received by the board prior to the first day of the particular month, otherwise the monthly payment may be delayed. The member shall designate a beneficiary to receive any final monthly payment due after the death of the member if no survivor annuity is payable.

     2. Nothing in sections 104.010 and 104.320 to 104.800 shall be construed as prohibiting a member from waiving [his] the member's right to receive [his] the member's monthly annuity for a period of time that [he] the member chooses. However, the waiver may not extend beyond the age permitted by the Tax Equity and Fiscal Responsibility Act (TEFRA). The waiver shall be final as to benefits waived.

     104.410. 1. Any uniformed member of the water patrol who shall be affirmatively found by the board to be wholly and permanently incapable of holding any position of gainful employment as a result of injuries or illness incurred in the performance of the member's duties shall be entitled to receive disability benefits in an amount equal to one-half of the compensation that the employee was receiving at the time of the [incurrence] occurrence of the injury entitling the employee to such disability benefits. Any disability benefit payable [under] pursuant to this subsection shall be decreased by any amount paid to such uniformed member of the water patrol by reason of the workers' compensation laws of this state. After termination of payment under workers' compensation, however, any such reduction and disability benefits shall be restored.

     2. The board of trustees may require a medical examination of any uniformed member of the water patrol who is receiving disability benefits [under] pursuant to this section at any time by a designated physician, and disability benefits shall be discontinued if the board [shall find] finds that such member is able to perform the duties of the member's former position, or if such member [shall refuse] refuses to submit to such an examination.

     3. The disability benefits described in this section shall not be paid to any uniformed member of the water patrol who [shall have] has retained or regained more than fifty percent of the member's earning capacity. If any uniformed member of the water patrol who has been receiving disability benefits again becomes an employee, the member's disability benefits shall be discontinued, the member's prior period of creditable service shall be restored, and any subsequent determination of benefits due the member or the member's survivors shall be based on the sum of the member's creditable service accrued to the date the member's disability benefits commenced and the period of creditable service after the member's return to employment.

     4. Any uniformed member of the water patrol receiving benefits [under] pursuant to the provisions of this section for five or more years immediately prior to attainment of age fifty-five shall be considered a normal retirant at age fifty-five, and may elect, within thirty days preceding the attainment of age fifty-five, option 1 of section 104.395, but only for the member's spouse who was the member's spouse for two or more years prior to the member's attainment of age fifty-five.

     5. Any member who is receiving disability benefits as of December 31, 1985, or any member who is disabled on December 31, 1985, and would have been entitled to receive disability benefits [under] pursuant to this section as the provisions of this section existed immediately prior to September 28, 1985, shall be eligible to receive or shall continue to receive benefits in accordance with such prior provisions of this section until the member again becomes an employee; however, all employees of the department of conservation who are disabled shall receive benefits pursuant only to this section or section 104.518, whichever is applicable, and shall not be eligible for benefits under any other plan or program purchased or provided after September 28, 1985.

     6. Any member who qualifies for disability benefits [under] pursuant to subsection 1 of this section or [under] pursuant to the provisions of section 104.518, or under a long-term disability program provided by the member's employing department as a consequence of employment by the department, shall continue to accrue [normal annuity benefits] creditable service based on the member's rate of pay immediately prior to the date the member became disabled in accordance with sections 104.370, 104.371, 104.374 and 104.615, [as in effect on the earlier of] until the date the [member reaches normal retirement age or the date normal annuity payments commence] member's retirement benefit goes into pay status, the disability benefits cease being paid to the member, or the member is no longer disabled, whichever comes first. Persons covered by the provisions of sections 476.515 to 476.565, RSMo, or sections 287.812 to 287.855, RSMo, who qualify for disability benefits [under] pursuant to the provisions of section 104.518, at the date the person becomes disabled, shall continue to accrue creditable service based on the [member's] person's rate of pay immediately prior to the date the [member] person becomes disabled until [the earliest of] the date the person's [normal] retirement [age, the date when] benefit goes into pay status, the disability benefits cease being paid to the [member] person or [when] the person is no longer disabled, whichever comes first. Members or persons continuing to accrue creditable service pursuant to this subsection shall be entitled to continue their life insurance coverage subject to the provisions of the life insurance plan administered by the board pursuant to section 104.517.

     7. A member or person who continues to be disabled [under] as provided in subsection 6 of this section until the member's normal retirement age shall be eligible to retire on the first day of the month next following the member's or person's final payment [under] pursuant to section 104.518 or, if applicable, subsection 1 of this section. A member or person who retires pursuant to this subsection shall receive the greater of the normal annuity or the minimum annuity, if applicable, determined [under] pursuant to sections 104.370, 104.371, 104.374 and 104.615, and section 287.820, RSMo, and section 476.530, RSMo, as if the member or person had continued in the active employ of the employer until the member's or person's retirement benefit goes into pay status, the disability benefits cease being paid to the member or person, or the member or person is no longer disabled, whichever comes first and the member's [normal retirement age and the member's] or person's compensation for such period had been the member's or person's rate of pay immediately preceding the date the member or person became disabled.

     8. [If the member is no longer disabled in accordance with subsection 6 of this section, the disability accrual shall then cease.

     9.] If a member who has been [receiving disability accruals again] disabled becomes an employee again and if the member was disabled during the entire period of the member's absence, then the member shall resume active participation as of the date of reemployment. Such a member shall receive creditable service for the entire period the member was disabled [under] as provided in subsection 6 of this section.

     [10.] 9. If a member ceases to be disabled and if the member does not return to work as provided in subsection 9 of this section, the member's rights to further benefits shall be determined in accordance with sections 104.335, 104.380, 104.400, 104.420, 104.430 and 104.615 as though the member had withdrawn from service as of the date the member ceased to be disabled, as determined by the system.

     104.420. 1. Unless otherwise provided by law, if a member or disabled member has five or more years of vesting service and dies prior to retirement, regardless of the age of the member at the time of death, the member's or disabled member's surviving spouse, to whom the member or disabled member was married for at least the two consecutive years immediately prior to the date of the member's death, if any, shall receive the reduced survivorship benefits [under] provided in option 1 of section 104.395 calculated as if the member were of normal retirement age and had retired as of the date of the member's death and had elected option 1.

     2. If there is no eligible surviving spouse, the member's or disabled member's eligible surviving [unemancipated] children under twenty-one years of age shall receive monthly, in equal shares, an amount [monthly] equal to one-half of the member's or disabled member's accrued annuity calculated as if the member or disabled member were of a normal retirement age and retired as of the date of death. Benefits otherwise payable to a child under eighteen years of age shall be payable to the surviving parent as natural guardian of such child if such parent has custody or assumes custody of such minor child, or to the legal guardian of such child, until such child attains age eighteen [or becomes emancipated]; thereafter, the benefit may be paid to the child until age twenty-one.

     3. No benefit is payable [under] pursuant to this section if no eligible surviving spouse or [unemancipated] children under twenty-one years of age survives the member or disabled member. Benefits cease [under] pursuant to this section when there is no eligible surviving beneficiary through either death of the eligible surviving spouse or through either death[, emancipation of] or the attainment of twenty-one years of age by the eligible surviving children. If the member's or disabled member's surviving [unemancipated] children are receiving equal shares of the benefit described in subsection 2 of this section, and one or more of [the said] such children become ineligible by reason of death[, emancipation] or the attainment of twenty-one years of age, the benefit shall be reallocated so that the remaining eligible children receive equal shares of the total benefit as described in subsection 2 of this section.

     104.470. 1. The board of trustees shall meet within the state of Missouri, at the time set at a previously scheduled meeting or by the request of any four members of the board. Notice of the meeting shall be delivered to all other trustees in person or by depositing notice in a United States post office in a properly stamped and addressed envelope not less than six days prior to the date fixed for the meeting. The board may meet at any time by unanimous mutual consent. There shall be at least one meeting in each quarter.

     2. 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. Unless otherwise expressly provided [herein] in this section, a meeting need not be called or held to make any decision on a matter before the board. Each member [must] shall be sent by the executive director a copy of the matter to be decided with full information from the files of the system. The concurring decisions of six trustees may decide the issue by signing a document declaring their decision and sending the written instrument to the executive director within seven days after the document and information was received by the trustee. If any trustee is not in agreement with the six trustees, the matter is to be passed on at a regular board meeting [of] or a special meeting called for that purpose.

     3. The trustees shall serve the system without compensation but shall receive their necessary expenses incurred in the performance of their duties for the system.

     4. Duties performed for the system by any member of the board shall be considered duties in connection with the regular employment of the individual, and he or she shall suffer no loss in regular compensation by reason of the performance of such duties.

     5. In the event any trustee other than the state treasurer or the commissioner of administration fails to attend three consecutive meetings of the board, unless [in each case] excused for cause at the third meeting and each consecutive meeting thereafter by the [remaining] trustees attending such meetings, [he] the trustee shall be considered to have resigned from the board and the board shall declare [his] such person's office of trustee vacated, and the vacancy shall be filled in the same manner as originally filled except that vacancies occurring of the elected board members may be filled by the board of trustees until the next regularly scheduled election.

     104.490. 1. Should any error result in any member or beneficiary receiving more or less than he or she would have been entitled to receive had the error not occurred, the board shall correct such error, and, as far as practicable, make future payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was entitled shall be paid, and to this end may recover any overpayments.

     2. A person who knowingly makes a false statement, or falsifies or permits to be falsified a record of the system, in an attempt to defraud the system is subject to fine or imprisonment [under] pursuant to the Missouri revised statutes.

     3. The board of trustees of the Missouri state employees' retirement system shall cease paying benefits to any survivor or beneficiary who is charged with the intentional killing of a member without legal excuse or justification. A survivor or beneficiary who is convicted of such charge shall no longer be entitled to receive benefits. If the survivor or beneficiary is not convicted of such charge, the board shall resume payment of benefits and shall pay the survivor or beneficiary any benefits that were suspended pending resolution of such charge.

     104.517. 1. The board shall provide or contract, or both, for life insurance benefits for employees [under] pursuant to sections 104.320 to 104.540, persons covered by sections 287.812 to 287.855, RSMo, and for employees who are members of the judicial retirement system as provided in section 476.590, RSMo, and at the election of the state highways and transportation commission shall include employees who are members of the state highways and transportation employees' and highway patrol retirement system as follows:

     (1) Employees are entitled to fifteen thousand dollars of life insurance. Coverage shall be effective on the first day of the month coinciding with or next following the employees date of membership;

     (2) Life insurance benefits shall cease on the date of termination of employment and a conversion of such life insurance benefits shall be available. However, a member eligible to receive a lump sum death benefit as provided in subsection 4 of section 104.515 shall be entitled to convert any amount of terminated life insurance benefit in excess of the benefit provided in said section.

     2. (1) In addition to the life insurance authorized by the provisions of subsection 1 of this section, any person for whom life insurance is provided or contracted for pursuant to such subsection may purchase, at the person's own expense and only if monthly voluntary payroll deductions are authorized, additional life insurance at a cost to be stipulated in a contract with a private insurance company or as may be required by the system if the board of trustees determines that the system should provide such insurance itself. The maximum amount of additional life insurance which may be so purchased on or after [May 1, 1984] January 1, 1998, is that amount which equals [three] six times the amount of the person's annual compensation, except that if such maximum amount is not evenly divisible by one thousand dollars, then the maximum amount of additional insurance which may be purchased is the next higher amount evenly divisible by one thousand dollars. The selection of a private insurance company to provide this life insurance shall be on the basis of competitive bidding.

     (2) Any person defined in subdivision (1) of this subsection retiring on or after September 1, 1988, may retain an amount not to exceed ten thousand dollars of life insurance following the date of his or her retirement if such person makes written application for such life insurance at the same time such person's application is made to the board for retirement benefits. Any person, defined in subdivision (1) of this subsection, retiring on or after May 1, 1996, may retain an amount not to exceed sixty thousand dollars of life insurance following the date of the person's retirement if such person makes written application for such life insurance at the same time such person applies to the board for retirement benefits. Such life insurance shall only be provided if such person pays the entire cost of the insurance, as determined by the board, by allowing voluntary deductions from the member's monthly retirement benefits.

     (3) Effective January 1, 1998, in addition to the life insurance authorized in subsection 1 of this section, any person for whom life insurance is provided or contracted for pursuant to such subsection may purchase, at the person's own expense and only if monthly voluntary payroll deductions are authorized, life insurance covering the person's children or the person's spouse or both the person's children and the person's spouse at coverage amounts to be determined by the board at a cost to be stipulated in a contract with a private insurance company or as may be required by the system if the board of trustees determines that the system should provide such insurance itself.

     104.519. 1. The board shall establish and implement programs as provided in sections 104.517 and 104.518. The board shall establish rules of eligibility for participation in the programs, and shall avoid duplication of benefits provided to employees, their spouses and children under any other program of benefits provided through, or as a result of, employment with a department, any other employer, or any plan established by the federal government. The benefits set forth in sections 104.517 and 104.518 shall be provided all employees complying with the rules of eligibility for participation established by the board for whom contributions are being made [under] pursuant to subsection 2 of section 104.515. No member shall receive benefits until such program shall become operative and until any premium amounts required by the board have been paid. To the extent any benefits provided under this program are insured, the selection of any insurance company or service organization shall be on the basis of competitive bidding.

     2. Notwithstanding any provision of law to the contrary, [any] persons employed by an agency, division, or department, who would be employees [under] pursuant to sections 104.320 to 104.620, except by reason of coverage under the retirement system established [under] pursuant to sections 169.010 to 169.130, RSMo, shall be eligible to participate in the program of life insurance provided [under] pursuant to subsection 1 of section 104.517, and to continue such participation after retirement, under rules of eligibility for participation established by the board of trustees, and on the basis that such covered persons pay the premium rate as determined by the board.

     3. Except for long-term disability benefits provided by section 104.518, the provisions of sections 104.516 and 104.517 shall not apply to members who are employed by any agency, division, or department which has in effect a program [of medical benefits or a program] of life insurance which is wholly or partially paid by the employing agency, division or department.

     104.530. The Missouri state employees' retirement system may sue and be sued in its official name, but its officers and employees shall not be personally liable for acts of the system. The service of all legal process and of all notices which may be required to be in writing, whether in legal proceedings or otherwise, shall be made on the executive director or [assistant executive director] in his or her absence, on the executive director's designee at his or her office. All suits or proceedings directly or indirectly against the system shall be brought in Cole County, except that suits or proceedings involving payment of disability benefits may be brought, at the election of the beneficiary, in the county of residence of the beneficiary.

     104.602. 1. Any employee as defined in section 104.010 who, on or after August 13, 1988, has or accumulates one year of continuous service [shall] may elect to receive creditable service with the system of which he or she is a current member equal to all creditable service performed for a department covered by [either] the other system [if such service has not otherwise been credited]. In no event shall a member under either system established [under] pursuant to this chapter receive credit in more than one system for the same period of service.

     2. If a member dies before retirement and prior to exercising transfer rights pursuant to the provisions of this section, the survivor may elect to receive survivor benefits that shall be computed as if the member had in fact exercised the member's transfer rights to produce the most advantageous benefit possible. In this instance, the benefit shall be paid by the system that the member last accrued creditable service under prior to date of death. If there is no advantage in one system or the other after the transfer of creditable service, the benefit shall be paid by the system that the member last accrued service under prior to the date of the death of the member.

     104.612. 1. Each special consultant, not otherwise eligible for a retirement benefit increase pursuant to section 104.515, employed or eligible for employment on or after May 12, 1981, by a board of trustees of a retirement system as provided in subsection 1 of section 104.610 shall, in addition to duties prescribed in section 104.610, and upon request of the board of trustees, give the board, orally or in writing, a short detailed statement on the problems of retirement under the current monthly benefits.

     2. As compensation for the extra duty imposed by subsection 1 of this section, each special consultant shall receive, in addition to all other compensation provided by law, an increase in compensation each year, computed upon the total amount which the consultant received in the previous year from state retirement benefits, compensation [under] pursuant to the provisions of section 104.610, and compensation [under] pursuant to the provisions of this section, of eighty percent of the increase in the consumer price index calculated in the manner specified in section 104.415. The increase in compensation for special consultants who have been retired less than one year shall be one-twelfth of the applicable cost of living increase for every month or partial month that the member was retired and receiving an annuity. Any such annual increase in compensation, however, shall not exceed five percent, nor be less than four percent, and the total increase in compensation to each special consultant pursuant to the provisions of this subsection shall not exceed sixty-five percent of the total retirement benefits and compensation he or she was receiving immediately prior to October 1, 1986.

     3. The compensation provided for in this section shall be payable in equal monthly installments and shall be consolidated with any retirement benefits and compensation due [under] pursuant to section 104.610 which is payable to the special consultant. The compensation provided for in this section shall be paid from the retirement fund for all members who retire after August 30, 1980. The retirement fund shall be funded on a sound actuarial basis for such benefits as prescribed in sections 104.070 and 104.436. Appropriations necessary to achieve a sound actuarial basis for the retirement fund shall be made from general revenue or any other fund during the three general assembly sessions next occurring after February 14, 1980. Appropriations to maintain the retirement fund on a continuing sound actuarial basis shall be made as necessary in accordance with the provisions of sections 104.070, 104.436 and 104.438. For all members who retire prior to September 1, 1980, the compensation provided for in this section shall be funded as provided in sections 104.070 and 104.436.

     4. The compensation provided for in this section shall be treated as any other state retirement benefits, payable by the Missouri state employees' retirement system or the highway employees' and highway patrol retirement system are treated and shall not be subject to execution, garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and shall be unassignable, anything to the contrary notwithstanding.

     5. The employment provided for by this section shall in no way affect any person's eligibility for retirement benefits [under] as provided in this chapter, or in any way have the effect of reducing retirement benefits, anything to the contrary notwithstanding.

     6. (1) Any person who is receiving, on or after August 28, 1994, a survivor benefit [administered by a board of trustees established by this chapter] shall, upon application, be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging, and other matters relating to survivors of deceased members and upon the request of the appropriate board shall give opinions, in writing or orally, in response to such requests of the board. As compensation for the services required by this subsection, each such special consultant shall receive, in addition to all other compensation provided by law, an increase in compensation each year, computed upon the amount which the special consultant received in the previous year in survivor benefits from the system, of eighty percent of the increase in the consumer price index calculated in the manner specified in section 104.415. Any such increase in compensation, however, shall not exceed five percent, nor be less than four percent;

     (2) The total increases in benefits received pursuant to this section shall be limited by the following:

     (a) In cases of death after retirement where an optional form of payment was elected by the retirant, the total increase shall not exceed sixty-five percent of the survivor benefit which would have been payable based on the option elected and the original benefit amount payable to the retirant;

     (b) In cases of death before retirement, the total increase shall not exceed sixty-five percent of the original survivor benefit amount;

     (3) The employment provided for by this subsection shall in no way affect any person's eligibility for retirement or survivor benefits [under] pursuant to the provisions of this chapter, or in any way have the effect of reducing any retirement or survivor benefits, anything to the contrary notwithstanding. An annual increase, if any is due, shall be payable monthly beginning on a date specified by the board. Nothing in this subsection shall be construed to prohibit a special consultant from waiving the right to receive the annual increase provided pursuant to this subsection. However, the waiver may not extend beyond the age permitted by the Tax Equity and Fiscal Responsibility Act (TEFRA). The waiver shall be final as to the annual increase waived.

     104.620. 1. Any member who has not received a lump sum payment equal to the sum total of the contributions that the member paid into the retirement system, plus interest credited to his or her account, shall be entitled to such a lump sum payment. Lump sum payments made [under] pursuant to this section shall not be reduced by any retirement benefits which a member is entitled to receive, but shall be paid in full out of appropriate funds pursuant to appropriations for this purpose.

     2. [The lump sum payment, and credited interest thereon, authorized by this section shall be exempt from any tax of the state of Missouri and the provisions of sections 447.500 to 447.585, RSMo.] In the event any accumulated contributions standing to a member's credit remain unclaimed by such member for a period of four years or more, such accumulated contributions shall automatically revert to the credit of the fund for the Missouri state employees' retirement system. If an application is made, after such reversion, for such accumulated contributions, the board shall pay such contributions from the fund for the Missouri state employees' retirement system; except that, no interest shall be paid on such funds after the date of the reversion to the fund for the Missouri state employees' retirement system.

     104.800. 1. Except as otherwise provided by law, any person having earned creditable service [under] pursuant to the provisions of the state employees' retirement system or [under] pursuant to the provisions of the state highways and transportation employees' and highway patrol retirement system or having service as a statewide state elective officer or having service as a member of the general assembly or having service [under] pursuant to the provisions of sections 287.812 to 287.855, RSMo, or having service as a judge, as defined in section 476.515, RSMo, may elect prior to retirement and not after retirement, to make a one-time transfer of credit for such service or such creditable service to any other retirement system or type of service specified in this section or sections 56.800 to 56.840, RSMo, for which the person has accumulated service or creditable service. The amount of transferred credit shall be accumulated with the amount of such creditable service or such service earned by the person in the retirement system or type of service to which the service is transferred for purposes of determining the benefits to which the person is entitled under the retirement system or type of service to which the service is transferred. The transfer of such creditable service or service shall become effective on the first day of the second month following the month in which the person files written notification of [his] the person's election with the retirement boards affected by such service transfer. When the election to transfer creditable service or service becomes effective, the person shall thereby forfeit any claim to any benefit under the provisions of the retirement system or type of service, as the case may be, from which the service or creditable service was transferred regardless of the amount of service or creditable service previously earned in such retirement system or type of service. The amount of service a person shall be entitled to transfer [under] pursuant to the provisions of this section shall not exceed five years.

     2. In the event of the death of a member before retirement and prior to exercising transfer rights [under] pursuant to the provisions of this section, survivorship benefits shall be computed as if such person had in fact exercised or not exercised the person's transfer rights to produce the most advantageous benefit possible.

     3. Any person that has earned creditable service pursuant to the provisions governing the Missouri state employees' retirement system or pursuant to the provisions of chapter 287, RSMo, or chapter 476, RSMo, who terminated employment prior to August 13, 1986, shall, upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the person retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall be eligible, prior to retirement, to make a one-time transfer of creditable service as provided in this section.

     105.691. 1. As used in this section, unless a different meaning is plainly required by the context, the following terms mean:

     (1) "Accumulated contributions", the sum of all amounts deducted from the compensation of an individual and credited to [his] the person's individual account in the applicable plan, together with interest allowed thereon by the plan;

     (2) "Creditable service", the service of an individual, whether rendered while a member of a plan or not, which is recognized by a plan in determining the individual's eligibility for and the amount of the individual's benefits under the plan;

     (3) "Plan" or "retirement plan", any retirement system established by the state of Missouri or any political subdivision or instrumentality of the state for the purpose of providing plan benefits for elected or appointed public officials or employees of the state of Missouri or any political subdivision or instrumentality of the state;

     (4) "Receiving plan", a plan which [under] pursuant to this section is receiving funds from another plan or an individual to provide creditable service for that individual;

     (5) "Transferring plan", a plan which [under] pursuant to this section is transferring funds to another plan for the purpose of providing creditable service for an individual;

     (6) "Vested", having the right to receive the payment of a benefit from the plan, whether at present or at a future time.

     2. Any retirement plan as defined in this section may enter into cooperative agreements to transfer creditable service from one retirement plan to another when a member who has been employed in a position covered by one plan is employed in a position covered by another plan. If any two plans already have in place on August 28, 1992, a cooperative agreement for transferring service between those plans, the existing agreement may remain in force upon agreement of both plans.

     3. Any individual who has not yet retired and has earned creditable service under the provisions of a retirement plan which has entered into a cooperative agreement as specified in subsection 2 of this section, and who is vested in any plan may elect in writing to transfer [his] the individual's creditable service from one plan to another plan upon employment and vesting in a position covered by the receiving plan. Within sixty days of such election the plan from which the individual is transferring shall transfer on [his] the individual's behalf to the receiving plan an amount equal to the employee's pension benefit obligation at the time of transfer using the same assumption used in performing the last regular actuarial valuation of the transferring plan; except that in no event shall the transferred amount be less than the employee's accumulated contributions on deposit with the transferring plan.

     4. The receiving plan shall determine, using accepted actuarial methods, the value of transferred service in the receiving plan. The amount of creditable service which [will] shall be recognized in the receiving plan shall be determined by the actuarial value of the funds transferred, but in no event shall such creditable service exceed the actual number of years of creditable service from the transferring plan. If the actuarial value of the funds transferred to the receiving plan is less than that required to fund the liability created by the actual number of years of creditable service in the transferring plan, the employee may purchase additional creditable service in the receiving plan up to the actual number of years of creditable service in the transferring plan by paying the amount required by the receiving plan.

     5. Any individual having earned creditable service under the provisions of any of the retirement plans identified in this section who is not yet vested in such plans and who becomes employed and vested in a position covered by another retirement plan identified in this section shall be permitted to purchase creditable service in the plan in which [he] the individual is vested up to the actual number of years of creditable service the individual has in the other plans. The cost shall be determined using accepted actuarial methods by the receiving plan.

     6. Payment in full of an amount due by an individual electing to transfer or purchase creditable service [under] pursuant to this section shall be made over a period not to exceed two years, measured from the date of election, or prior to the effective date of retirement benefit payments to that individual by the receiving plan, whichever is earlier, and with interest compounded annually at the actuarially assumed interest rate of the plan receiving the payments. If payment in full is not made within this prescribed time period, any partial payments made by the individual because of the election shall be refunded, and no creditable service shall be allowable in the receiving plan as a result of the partial payments.

     7. Any individual employed in nonfederal public employment in Missouri but not covered by a retirement plan who becomes employed and vested in a position covered by a retirement plan identified in this section shall be permitted to purchase creditable service in the plan up to the actual number of years of public service in an uncovered position. The cost and creditable service allowed shall be determined using accepted actuarial methods by the receiving plan.

     8. When an individual elects to transfer creditable service from one plan to another plan, the individual thereby forfeits any claim to any benefit based on such service under the provisions of the retirement plan from which the creditable service is transferred.

     9. In no event shall any individual receive credit or benefits for the same period of service or employment under more than one retirement plan as a consequence of transfer or purchase [under] pursuant to the provisions of this section. Benefits paid on the basis of creditable service transferred or purchased [under] pursuant to the provisions of this section shall be calculated using the formula applicable to the receiving plan.

     10. Any individual, covered by a retirement plan governed by the provisions of chapter 104, RSMo, chapter 287, RSMo, or chapter 476, RSMo, who terminated employment prior to August 28, 1993, shall, upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the person retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall be eligible to purchase or transfer, prior to retirement, creditable service as provided in this section.

     287.812. As used in sections 287.812 to 287.855, unless the context clearly requires otherwise, the following terms shall mean:

     (1) "Administrative law judge", any person appointed [under] pursuant to section 287.610 or any person who hereafter may have by law all of the powers now vested by law in administrative law judges appointed under the provisions of the workers' compensation law;

     (2) "Beneficiary", [an unremarried] a surviving spouse married to the deceased administrative law judge or legal advisor of the division of workers' compensation continuously for a period of at least two years immediately preceding [his] the administrative law judge's or legal advisor's death and also on the day of the last termination of [his] such person's employment as an administrative law judge or legal advisor for the division of workers' compensation, or if there is no surviving spouse eligible to receive benefits, any [unemancipated] minor child of the deceased administrative law judge or legal advisor, or any child of the deceased administrative law judge or legal advisor who, regardless of age, is unable to support himself because of mental retardation, disease or disability, or any physical handicap or disability, who shall share in the benefits on an equal basis with all other beneficiaries;

     (3) "Benefit", a series of equal monthly payments payable during the life of an administrative law judge or legal advisor of the division of workers' compensation retiring [under] pursuant to the provisions of sections 287.812 to 287.855 or payable to a beneficiary as provided in sections 287.812 to 287.850;

     (4) "Board", the board of trustees of the Missouri state employees' retirement system;

     (5) "Division", the division of workers' compensation of the state of Missouri;

     (6) "Legal advisor", any person appointed or employed [under] pursuant to section 287.600, 287.615, or 287.616 to serve in the capacity as a legal advisor or an associate administrative law judge and any person appointed [under] pursuant to section 286.010, RSMo, or [under] pursuant to section 295.030, RSMo, and any attorney or legal counsel appointed or employed [under] pursuant to section 286.070, RSMo;

     (7) "Salary", the total annual compensation paid for personal services as an administrative law judge or legal advisor, or both, of the division of workers' compensation by the state or any of its political subdivisions.

     287.835. 1. No benefits provided [under] pursuant to sections 287.812 to 287.855 shall be paid to any person who has been removed from office by impeachment or for misconduct, nor to any person who has been disbarred from the practice of law, nor to the beneficiary of any such persons.

     2. The board of trustees of the Missouri state employees' retirement system shall cease paying benefits to any beneficiary of an administrative law judge or legal advisor who is charged with the intentional killing of the administrative law judge or legal advisor without legal excuse or justification. A beneficiary who is convicted of such charges shall no longer be entitled to receive benefits. If the beneficiary is not convicted of such charge, the board shall resume payment of benefits and shall pay the beneficiary any benefits that were suspended pending resolution of such charge.

     287.845. 1. The board shall administer the provisions of sections 287.812 to 287.855 and shall have the same powers, duties, and obligations in regard to the funds and the system provided for in such sections as it has in regard to the Missouri state employees' retirement system. The system shall calculate the annuity for an administrative law judge or legal advisor, as defined in section 287.812 based on the law in effect at the time the administrative law judge's or legal advisory's employment was terminated.

     2. The commissioner of administration, the state treasurer, and the secretary of the Missouri state employees' retirement system shall perform the same duties in regard to the retirement system established [under] pursuant to the provisions of sections 287.812 to 287.855 that are prescribed for such officers in sections 104.436 and 104.438, RSMo, in regard to the Missouri state employees' retirement system. Funds so certified and transferred for the retirement system established [under] pursuant to the provisions of sections 287.812 to 287.855 shall be deposited in a separate account of the Missouri state employees' retirement fund and shall be disbursed only for the purposes of sections 287.812 to 287.855.

     476.480. 1. Sections 476.450 to 476.510 shall not apply to any person who has been convicted of a felony in any court or who has been impeached or removed from office for misconduct for acts involving moral turpitude.

     2. The board of trustees of the Missouri state employees' retirement system shall cease paying benefits to any beneficiary of a judge who is charged with the intentional killing of the judge without legal excuse or justification. A beneficiary who is convicted of such charge shall no longer be entitled to receive benefits. If the beneficiary is not convicted of such charge, the board shall resume payment of benefits and shall pay the beneficiary any benefits that were suspended pending resolution of such charge.

     476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

     (1) "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least two years immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits [under] pursuant to sections 476.515 to 476.570, the term "beneficiary" shall mean any [unemancipated] minor child of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

     (2) "Benefit", a series of equal monthly payments payable during the life of a judge retiring [under] pursuant to the provisions of sections 476.515 to 476.570 or payable to a beneficiary as provided in sections 476.515 to 476.570; all benefits paid [under] pursuant to sections 476.515 to 476.570 in excess of any contributions made to the system by a judge shall be considered to be a part of the compensation provided a judge for the judge's services;

     (3) "Commissioner of administration", the commissioner of administration of the state of Missouri;

     (4) "Judge", any person who has served or is serving as a judge or commissioner of the supreme court or of the court of appeals; or as a judge of any circuit court, probate court, magistrate court, court of common pleas or court of criminal corrections of this state; as a justice of the peace; or as commissioner of the probate division of the circuit court appointed after February 29, 1972, in a [first class] county of the first classification having a charter form of government or in a city not within a county; or as commissioner of the juvenile division of the circuit court appointed pursuant to section 211.023, RSMo;

     (5) "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

     2. A surviving spouse whose benefits were terminated because of remarriage prior to October 1, 1984, shall, upon written application to the board within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary restored. Benefits shall resume as of October 1, 1984.

     476.520. 1. Any person, sixty-two years of age or older, who has served in this state an aggregate of at least twelve years, continuously or otherwise, as a judge, and who, after September 3, 1970, ceased or ceases to hold office by reason of the expiration of [his] judge's term, voluntary resignation, or retirement [under] pursuant to the provisions of subsection 2 of section 27 of article V of the Constitution of Missouri may receive benefits as provided in sections 476.515 to 476.565. All judges required by the provisions of section 30 of article V of the constitution to retire at the age of seventy years shall retire upon reaching that age, and if they have served in this state an aggregate of at least twelve years, continuously or otherwise, as a judge, shall receive benefits as provided in sections 476.515 to 476.565. The [twelve years] twelve-year requirement of this subsection may be fulfilled by service as judge in any of the courts covered, or by service in any combination as judge of such courts, totaling an aggregate of twelve years.

     2. Any person sixty years of age or older, who has served in this state an aggregate of at least fifteen years, continuously or otherwise, as a judge, and who ceased or ceases to hold office by reason of the expiration of [his] the judge's term, voluntary resignation, or retirement [under] pursuant to the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may receive benefits as provided in sections 476.515 to 476.570. The [fifteen years] fifteen-year requirement of this subsection may be fulfilled by service as judge in any of the courts covered, or by service in any combination as judge of such courts, totaling an aggregate of at least fifteen years.

     3. Any person who terminated employment prior to August 13, 1988, shall upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the person retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall be eligible to retire pursuant to the provisions of this section or section 476.545.

     476.530. The retirement compensation shall be equal to fifty percent of the compensation [provided by law] which was in effect, at the time of [retirement for] the [judges of] judge's termination of employment as a judge for the highest [court on which the retired] judicial position that the judge [served as] ever held on a full-time [judge] basis. Retirement compensation shall be paid to the retired judge monthly during the remainder of [his] the judge's life.

     476.555. Upon the death of any judge, who has made contributions [under] pursuant to sections 476.515 to 476.570, not leaving a surviving spouse or [unemancipated] minor children, the commissioner of administration shall pay a death benefit in a single payment to the decedent's estate. The death benefits shall be the total amount of all contributions made by the deceased judge [under] pursuant to sections 476.515 to 476.570 less any contributions previously refunded [under] pursuant to section 476.540, and not restored, and less any benefit received [under] pursuant to section 476.530 or 476.545.

     476.580. On September 1, 1976, the Missouri state employees' retirement system shall administer the retirement benefits of all judges provided for in sections 476.515 to 476.565, and such benefits shall be paid monthly out of the general revenue of the state of Missouri. The system shall calculate the annuity provided to a judge, as defined in section 476.515 based on the law in effect at the time the judge's employment was terminated.

     476.595. 1. If [he] the person so elects, any person receiving benefits [under] pursuant to section 476.530 shall be made, constituted and appointed a special commissioner or referee for and during the remainder of [his] the person's life, as provided and in the manner set forth in section 476.500. When so appointed the special commissioner or referee shall receive the same compensation as provided by law for special commissioners or referees made, constituted or appointed [under] pursuant to the provisions of section 476.450.

     2. If [he] the person so elects, any person receiving benefits [under] pursuant to section 476.545 shall also be made, constituted and appointed a special commissioner or referee for and during the remainder of [his] the person's life as provided and in the manner set forth in section 476.500. When so appointed, the special commissioner or referee shall be reimbursed for expenses as provided in section 476.490, and shall receive a reduced annual compensation in a sum equal to the proportion of the compensation provided in section 476.450 that [his] the person's period of service bears to twelve years.

     3. Any person electing to become a special commissioner or referee [under] pursuant to this section shall be subject to the provisions of sections 476.460, 476.480, 476.490, 476.510, subdivision (1) of section 476.515, sections 476.537 and 476.590. On the effective date of [his] the person's election, [he] the person shall cease to be subject to any other provision of sections 476.515 to 476.590.

     4. Upon the effective date of this election to become a special commissioner or referee, the special commissioner or referee may make written application to the commissioner of administration for a refund of [his] the person's contributions [under] pursuant to sections 476.515 to 476.570. On receipt of the written application the commissioner of administration shall pay the refund in one lump sum which shall equal the total amount of such contributions [under] pursuant to sections 476.515 to 476.570.

     476.690. 1. Any judge who has become eligible to receive retirement compensation pursuant to section 476.520 and who has elected not to retire and has continued to serve as a judge after August 28, 1995, shall have added to the retirement compensation when the judge retires or dies an amount equal to the total of all annual cost-of-living increases that retired judges received between the time the judge first became eligible to retire and the year the judge actually retires or dies. In no event shall the total increase in compensation granted pursuant to this section and section 476.601 exceed sixty-five percent of the judge's retirement compensation calculated at the time of retirement or death.

     2. Any judge who was eligible to retire on August 28, 1995, and elected to continue to serve as a judge after such date, but who retired before August 28, 1996, shall, upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the judge retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall have the retirement benefit recalculated from the date of the retirement, pursuant to the provisions of subsection 1 of this section.