To repeal section 211.393, RSMo Supp. 1996, relating to juvenile court personnel, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

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

     Section A. Section 211.393, RSMo Supp. 1996, is repealed and two new sections enacted in lieu thereof, to be known as sections 211.393 and 1, to read as follows:

     211.393. 1. The salaries and expenses of all juvenile court personnel in circuits composed of a single county of the first class, in any circuit in which one county is a first class county, and in the city of St. Louis are payable monthly out of county or city funds, as the case may be, except that the salary of the juvenile officer of any such circuit in which he is engaged full time is payable in installments, as provided by law, by the state of Missouri, but not to exceed the annual sum provided pursuant to section 211.381. The payment by the state of Missouri shall be made to either the juvenile officer, or to the county or the city of St. Louis. The state shall reimburse personnel costs to these circuits at the rate of five percent of the calendar year 1996 juvenile court personnel budget.

     2. [In circuits, other than those specified in subsection 1 of this section, the salaries and expenses are payable monthly out of the county funds and prorated among the several counties served upon a ratio determined by a comparison of the respective populations of the counties involved; except that, the salary of the juvenile officer of any such circuit in which he is engaged full time is payable in installments, as provided by law, by the state of Missouri, but not to exceed the annual sum provided pursuant to section 211.381.

     3. In any circuit specified in subsection 2 of this section, the state shall, beginning on August 13, 1988, reimburse to the counties of the circuit the salary of a chief deputy juvenile officer and one deputy juvenile officer, class 1. The salaries of such officers, as provided in subsections 1, 2, and 3 of section 211.381, shall be reimbursed to the counties of the circuit by the state of Missouri.

     4. In addition to any amount paid pursuant to subsection 1 of this section, the state shall also reimburse, subject to appropriations, the following percentages of the salaries of all other juvenile court personnel, excluding fringe benefits:

     (1) In circuits composed of a single county of the first class or a circuit in which one county is a first class county or in the city of St. Louis, the state shall reimburse five percent beginning January 1, 1989, until December 31, 1989; ten percent beginning January 1, 1990, until December 31, 1990; fifteen percent beginning January 1, 1991, until December 31, 1991; twenty percent beginning January 1, 1992, until December 31, 1992; twenty-five percent beginning January 1, 1993, until December 31, 1993; thirty percent beginning January 1, 1994, until December 31, 1994; thirty-five percent beginning January 1, 1995, until December 31, 1995; forty percent beginning January 1, 1996, until December 31, 1996; forty-five percent beginning January 1, 1997, until December 31, 1997; and fifty percent beginning January 1, 1998;

     (2) In all other circuits, the state shall make the reimbursement, subject to appropriations, in the following percentages or the amount paid pursuant to subsection 3 of this section, whichever is greater; five percent beginning January 1, 1989, until December 31, 1989; ten percent beginning January 1, 1990, until December 31, 1990; fifteen percent beginning January 1, 1991, until December 31, 1991; twenty percent beginning January 1, 1992, until December 31, 1992; twenty-five percent beginning January 1, 1993, until December 31, 1993; thirty percent beginning January 1, 1994, until December 31, 1994; thirty-five percent beginning January 1, 1995, until December 31, 1995; forty percent beginning January 1, 1996, until December 31, 1996; forty-five percent beginning January 1, 1997, until December 31, 1997; and fifty percent beginning January 1, 1998. If a circuit is comprised of more than one county, any request for reimbursement shall also include a statement in a form as prescribed by the commissioner of administration to indicate how much of the reimbursable expenses of the juvenile court were paid by each county in the circuit.

     5. The last reimbursement for salary increases under subsection 3 of this section as it existed immediately prior to August 13, 1988, shall be made for the period ending on December 31, 1988. After January 1, 1989, reimbursement shall be made to the counties for their actual personnel expenditures under the provisions of this section for each calendar year; however, no county shall receive any reimbursement in an amount less than the amount received by such county or the amount the county was entitled to receive, whichever was greater, for the period ending on December 31, 1988. The office of administration shall make payment for the reimbursement from appropriations made for that purpose on or before July fifteenth of each year following the calendar year in which the salaries were paid. If more than one county contributed to the expenses of a juvenile court, each of such counties shall be reimbursed in the same proportion as its contribution.

     6. The term "salaries of all juvenile court personnel excluding fringe benefits" for which the state will reimburse the counties at the percentages specified in this section means the salary provided in subsections 1, 2, and 3 of section 211.381 for a chief deputy juvenile officer and one deputy juvenile officer, class 1, and all other full-time juvenile court personnel included in the initial county budget for calendar year 1988, but excluding all fringe benefits for such personnel. Each county shall file a copy of its initial 1988 budget with the office of administration. The office of administration shall submit the information from the budgets relating to full-time juvenile court personnel from each county to the general assembly. Increases in salary of such full-time juvenile court personnel may be made and paid by the various counties, but, except for the salary of a chief deputy juvenile officer and one deputy juvenile officer, class 1, where authorized, the state shall not reimburse the counties for such increases beyond the number of full-time juvenile court personnel authorized in initial county budgets for calendar year 1988, at the salary levels authorized in such budgets that are paid by the state plus any adjustments provided in subsections 2 and 3 of section 211.381, unless an appropriation for such increased reimbursement is requested from the office of administration and made by the general assembly as separate, identifiable appropriation line items. All appropriations shall conform to the percentages specified in this section. All state funds for reimbursement of counties paid pursuant to the provisions of this section shall be used only for juvenile court personnel salaries and for no other purpose.

     7. The state auditor may audit any county or judicial circuit to verify compliance with the requirements of subsections 4 to 6 of this section, including an audit of the 1988 budget of any county.

     8. Each county may establish a "Juvenile Court Assistance Fund" to receive revenues deposited under section 483.532, RSMo. Any county establishing the fund shall notify the circuit court of the existence of the fund. Each county establishing a fund shall appropriate moneys from the fund for fringe benefits, including health and retirement benefits, for a chief deputy juvenile officer and one deputy juvenile officer, class 1. Any moneys remaining in the fund may be appropriated only for fringe benefits for other juvenile court personnel.] Payment of the compensation provided in this section shall be payable in equal monthly installments as provided in section 33.100, RSMo. In any circuit not specified in subsection 1 of this section, the compensation of all such juvenile court personnel who are employees as defined in section 1 and whose positions were included in the circuit court calendar year 1996 budget and those detention personnel hired in 1997 in those circuits who formally began building detention facilities in 1996, shall be paid by the state and shall be considered state employees for all purposes. Any county in which juvenile court personnel become state employees shall maintain in the local juvenile court budget an amount not less than the total amount spent for juvenile court services in calendar year 1996, minus the state reimbursement received for personnel costs on the salaries for juvenile court employees converted to state employment.

     9. The base salary of any employee to which subsection 2 of this section applies shall be the amount for such employee in the calendar year 1996 county budget plus the cost of living increase provided for such employee in 1997.

     Section 1. 1. For purposes of this section and section 211.393, the term "employee" includes all juvenile court personnel, including detention center employees, who are employed and earn a salary or wage in a position requiring the performance of duties by the employee during not less than one thousand hours per year, except:

     (1) Any person employed by the juvenile court who is compensated through any public or private grant;

     (2) Any person employed at a residential group facility pursuant to section 211.490, RSMo; or

     (3) Any person employed by the juvenile court in a circuit comprised solely of first class counties or in any city not within a county.

     2. Any employee of the juvenile court employed on or after July 1, 1998, shall become a member of the Missouri state employees' retirement system.

     3. Any employee or any member of the Missouri state employees' retirement system who is employed on or after July 1, 1998, shall be entitled to creditable prior service in the Missouri state employees' retirement system for service previously rendered as an employee of a juvenile court. Any such employee or member who has at least one year of continuous creditable service shall have any forfeited period of service or vested service in the Missouri state employees' retirement system restored. Any such employee or member shall make application for and establish proof of such service by submitting an affidavit from the state court administrator or the juvenile court in which the member was employed which indicates the dates of service and the amount of monthly salary paid to such employee or member as an employee of the juvenile court.

     4. Any employee or member described in subsection 3 of this section who had been a member of the local government employees' retirement system established by sections 70.600 to 70.755, RSMo, may elect one of the following:

     (1) Notwithstanding any provisions of law to the contrary, all creditable service with the local government employees' retirement system for service rendered as an employee of the juvenile court shall be forfeited and an equal amount of service shall be transferred to and recognized as creditable prior service by the Missouri state employees' retirement system, and the member shall receive a refund of any accumulated contributions that the employee or member would otherwise be entitled to under the applicable provisions of the local government employees' retirement system; or

     (2) All creditable service with the local government employees' retirement system, regardless of the source of such creditable service, shall be recognized by that system and the employee, notwithstanding any provision of law to the contrary, shall immediately vest in that system and, upon attainment of an age which is within five years of the minimum service retirement age of that system, be eligible for a monthly benefit based on such creditable service and the plan benefit provisions and the law in effect at the time the employee terminated employment in a position covered by the local government employees' retirement system immediately prior to becoming a member of the Missouri state employees' retirement system, provided the employee does not withdraw any accumulated contributions associated with such creditable service.

     5. If the employee elects to transfer service pursuant to subdivision (1) of subsection 4 of this section, the local government employees' retirement system shall transfer to the Missouri state employees' retirement system an amount equal to the actuarial accrued liability for the forfeited creditable service, determined as if the employee continued to be an active member of the local government employees' retirement system, less the amount of any refunds of the employee's contributions. Notwithstanding any provisions of law to the contrary, any employee who elects to transfer service pursuant to subdivision (2) of subsection 4 of this section and has creditable service with the local government employees' retirement system after such transfer shall, with respect to such service, immediately vest in that system and, upon attainment of an age which is within five years of the minimum service retirement age of that system, be eligible for a monthly benefit based on such creditable service and the plan benefit provisions and the law in effect at the time the employee terminated employment in a position covered by the local government employees' retirement system immediately prior to becoming a member of the Missouri state employees' retirement system, provided the employee does not withdraw any accumulated contributions associated with such creditable service.

     6. An election pursuant to subsection 4 of this section is irrevocable. Any employee who fails to make an election shall be governed by subdivision (2) of subsection 4 of this section.

     7. In no event shall any employee receive service credit for the same period of service in more than one retirement system as a result of the provisions of this section.

     8. Any member of the Missouri state employees' retirement system who prior to July 1, 1998, is employed by a juvenile court in a circuit comprised solely of first class counties or in any city not within a county will no longer be eligible for membership in such retirement system on or after July 1, 1998, except that such member may make an irrevocable election to remain a member of the Missouri state employees' retirement system on or after July 1, 1998, and shall continue to receive all insurance, retirement, or other benefits provided by the state. Such member shall make such election with the Missouri state employees' retirement system no later than October 1, 1998. Any member who does not remain in the Missouri state employees' retirement system shall immediately vest in the Missouri state employees' retirement system and, upon attainment of the minimum retirement age, be eligible for a monthly benefit based on such creditable service and the law in effect at the time of vesting.

     9. Any member of the local government employees' retirement system who prior to July 1, 1998, is an employee of a juvenile court, will no longer be eligible for membership in that system on or after July 1, 1998, except that such member may make an irrevocable election to remain a member of the local government employees' retirement system on or after July 1, 1998, and shall continue to receive all insurance, retirement, or other benefits provided by the county or local political subdivision. The state of Missouri shall reimburse such counties or political subdivisions for the costs of such insurance, retirement, or other benefits. Any such member shall make such election with the local government employees' retirement system no later than October 1, 1998. Any such member who does not remain in the local government employees' retirement system shall be entitled to make the election described in subsection 4 of this section.

     Section B. The provisions of this act shall become effective July 1, 1998.