Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The proposed amendment defines the phrases
"transact business" and "invest funds" as those phrases are used in section
70.051, RSMo.
PURPOSE: The purpose of this rule is to expand on and
clarify definitions of terms found in sections
70.600,
70.605,
and
70.631,
RSMo.
(1) Employee.
(A) The term employee shall include persons
who are neither police officers nor fire fighters, who are employed by, or who
become employed by, an employer participating in the system. The term employee
may include, at the employer's election, either police officers or fire
fighters or both police officers and fire fighters. The term employee shall
include elected fee officials and the employees of elected fee officials under
the provisions of section
70.600(8) and
70.600(10), RSMo 1994. The term employee may
also include a person who is holding the position of mayor, presiding
commissioner, president or chairman of a political subdivision, or who is a
member of the governing body, if the political subdivision has ten (10) or more
other employees, if that person is covered by the federal Social Security
program by virtue of the position held with the political subdivision, and if
that person files application for membership with the board within the time
prescribed by section
70.600(10)(D),
RSMo 1994.
(B) The term employee
shall not include any person-
1. Who is
employed in a position normally requiring less than one thousand five hundred
(1500) hours of work a year; provided a political subdivision, by written
certification to the board at the time the employer joins the system, may
reduce one thousand five hundred (1500) hours minimum for its employees, which
lesser number of hours shall be uniform for all its employees and shall be one
thousand two hundred fifty (1250) or one thousand (1000);
2. Who is included as an active member of any
other public employee retirement plan by reason of his/her employment with
his/her political subdivision, except the federal Social Security program and
the County Employees' Retirement System; and
3. Who acts for the political subdivision as
an independent contractor or is paid wholly on a fee basis, except elected
officials and their employees.
(C) The term "police officer" means any
regular or permanent employee of the police department of a political
subdivision, including probationary police officers, possessing the duty and
power to enforce the general criminal laws of the state or the ordinances of
any political subdivision of the state, and who is required to be certified by
the "Peace Officer Standards and Training Commission." The term "police
officer" includes the terms "peace officer" and "policeman."
1. The term "police officer" shall not
include any civilian employee of a police department, or any person temporarily
employed as a police officer for an emergency.
(D) The term "firefighter" means any regular
or permanent employee of the fire department of a political subdivision,
including probationary firefighters, employed for the duty of fighting fires,
or whose duties include supervision of firefighting personnel. The term
"firefighter" includes the term "fireman."
1.
The term "firefighter" shall not include civilian employees of a fire
department; volunteer firefighters; paramedics and/or emergency medical
technicians (EMTs), unless they perform firefighting duties in addition to
their paramedic or EMT duties; or any person temporarily employed as a
firefighter for an emergency.
(E) The term "emergency medical service
personnel" means any regular or permanent employee of a political subdivision
possessing the duty and power to provide Advanced Life Support or Basic Life
Support treatment, and who is required to be certified by the Missouri Bureau
of Emergency Medical Services as an Emergency Medical Technician Basic (EMT-B),
Advanced Emergency Medical Technician (AEMT) or an Emergency Medical
Technician-Paramedic (EMT-P), or whose duties include direct supervision of
EMT-B, AEMT and/or EMT-P personnel.
1. The
term "emergency medical service personnel" shall not include volunteer EMT-Bs,
AEMTs or EMT-Ps or any person temporarily employed as an EMT-B, AEMT or EMT-P
for an emergency.
(F) The
term "emergency telecommunicator" means any regular or permanent employee of a
political subdivision employed as an emergency telephone or telecommunications
worker, call taker, or public safety dispatcher whose duties include receiving,
processing, or transmitting public safety information received through a Public
Safety Answering Point, or whose duties include direct supervision of emergency
telecommunicator personnel.
1. The term
"emergency telecommunicator" shall not include any volunteer emergency
telecommunicators or any person temporarily employed as an emergency
telecommunicator for an emergency.
(G) The term "jailor" means any regular or
permanent employee of a political subdivision employed for the duty of
monitoring, transporting, or detaining inmates or other detainees held in the
jail or other correctional facility of the political subdivision or whose
duties include direct supervision of jailor personnel.
1. The term "jailor" shall not include any
volunteer jailors or any person temporarily employed as jailor for an
emergency.
(2)
Credited Service.
(A) Six (6) or more hours a
day of work (or equivalent paid leave time) shall be considered a day of
credited service; provided, the six (6) hours minimum shall be reduced to five
(5) hours (or equivalent paid leave time) for a political subdivision which has
elected to cover employee positions requiring one thousand two hundred fifty
(1,250) or more hours of work a year, or to four (4) hours (or equivalent paid
leave time) for a political subdivision which has elected to cover employee
positions requiring one thousand (1,000) or more hours of work a
year.
(B) Fifteen (15) or more days
of work as defined in 16 CSR 20-2.010(2)(A) rendered in a calendar month (or
equivalent paid leave time) shall be considered a month of credited service;
provided the fifteen (15) days minimum shall be reduced to twelve (12) days (or
equivalent paid leave time) for a political subdivision which has elected to
cover employee positions requiring one thousand two hundred fifty (1,250) or
more hours of work a year, or to ten (10) days (or equivalent paid leave time)
for a political subdivision which has elected to cover employee positions
requiring one thousand (1,000) or more hours of work a year.
(C) In no case shall a member receive more
than one (1) year of service credit for service rendered by him/her for one (1)
or more employers in any calendar year.
(D) For purposes of computing total service
credit at the time of retirement, the first month of employment and/or the last
month of employment shall be included in total service credit if fifteen (15)
or more calendar days of service rendered in the month(s) in question, provided
the fifteen (15) calendar days shall be reduced to twelve (12) calendar days
for a political subdivision which elected to cover employee positions requiring
one thousand two hundred fifty (1250) or more hours of work a year or ten (10)
calendar days for a political subdivision which has elected to cover employee
positions requiring one thousand (1000) or more hours of work a year.
(E) An elected member of the governing body
of a political subdivision, who is concurrently employed on a full-time basis,
or in a full-time equivalent (FTE) position with a different political
subdivision, may be enrolled as a member for both political subdivisions
pursuant to section
70.600(10),
RSMo subject to the provisions of subsection (2)(C).
(3) Compensation.
(A) Compensation includes all remuneration
paid an employee by a political subdivision for personal services rendered by
the employee for the political subdivision (in the case of elected fee
officials and their employees, refer to section
70.600(8),
RSMo 1994).
(B) Remuneration paid
by a political subdivision, but not in money, is considered to be compensation
subject to employee and employer contributions based on a reasonable value in
money to be determined by the political subdivision, subject to the approval of
the system.
(4) Transact
Business. Transact Business, as used in 70.605.1 RSMo, includes the authority
to purchase, acquire, hold and lease real estate, purchase, acquire, hold and
lease personal property, open and close bank accounts, enter into bank
transactions, enter contracts and other agreements, borrow funds, execute all
documents or instruments of any kind appropriate for carrying out the purposes
of the retirement system, including, without limitation, service, purchase,
sale, debt, and pledge or other security agreements, and perform any and all
other acts or activities customary, incidental, necessary, or convenient to the
purposes and powers enumerated hereinabove and within 70.600-70.755,
RSMo.
(5) Invest Funds. Invest
Funds, as used in 70.605.1 RSMo, includes full power to invest and reinvest the
moneys of the system, and to hold, purchase, sell, assign, transfer, or dispose
of any of the securities and investments in which such moneys shall have been
invested, as well as the proceeds of such investments and such moneys, open and
close bank accounts, enter into bank transactions, hire and fire investment
managers and custodians, enter contracts and other agreements, borrow funds,
lend funds, lever assets, issue guarantees, and pledge or otherwise grant
security interests in any retirement system property or to secure payment or
performance in respect of any guarantees, create business entities and hold or
sell interest in those entities, execute all documents or instruments of any
kind appropriate for carrying out the investment purposes of the retirement
system, including, without limitation, service, purchase, sale, debt, and
pledge or other security agreements, and perform any and all other acts or
activities customary, incidental, necessary, or convenient to the purposes and
powers enumerated hereinabove and within 70.600-70.755, RSMo.
*Original authority: 70.605, RSMo 1967, amended 1974, 1992,
2000, 2003.
