HOUSE BILL NO. 1655 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE STEINMEYER.
5025H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 104.200, 104.490, 104.1060, and 104.1092, RSMo, and to enact in lieu thereof five new sections relating to public employee retirement benefits.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 104.200, 104.490, 104.1060, and 104.1092, RSMo, are repealed 2 and five new sections enacted in lieu thereof, to be known as sections 104.200, 104.490, 3 104.1060, 104.1092, and 105.695, to read as follows: 104.200. Should any error in any records result in any member or beneficiary 2 receiving more or less than he or she would have been entitled to receive had the records been 3 correct, the board shall correct such error, and, as far as practicable, to recover any 4 overpayments, may accept single sum or installment repayments or make future 5 payments in such a manner that the actuarial equivalent of the benefit to which such member 6 or beneficiary was entitled shall be paid[, and to this end may recover any overpayments]. In 7 all cases in which such error has been made, no such error shall be corrected unless the 8 system discovers or is notified of such error within ten years after the member's annuity 9 starting date or the date of error, whichever occurs later. In cases of fraud, any error 10 discovered shall be corrected without concern for the amount of time that has passed. 104.490. 1. Should any error result in any member or beneficiary receiving more or 2 less than he or she would have been entitled to receive had the error not occurred, the board 3 shall correct such error, and, as far as practicable, to recover any overpayments, may accept 4 single sum or installment repayments or make future payments in such a manner that the 5 actuarial equivalent of the benefit to which such member or beneficiary was entitled shall be 6 paid[, and to this end may recover any overpayments]. In all cases in which such error has
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1655 2
7 been made, no such error shall be corrected unless the system discovers or is notified of such 8 error within ten years after the member's annuity starting date or the date of error, whichever 9 occurs later. In cases of fraud, any error discovered shall be corrected without concern to the 10 amount of time that has passed. 11 2. A person who knowingly makes a false statement, or falsifies or permits to be 12 falsified a record of the system, in an attempt to defraud the system is subject to fine or 13 imprisonment pursuant to the Missouri revised statutes. 14 3. The board of trustees of the Missouri state employees' retirement system shall 15 cease paying benefits to any survivor or beneficiary who is charged with the intentional 16 killing of a member without legal excuse or justification. A survivor or beneficiary who is 17 convicted of such charge shall no longer be entitled to receive benefits. If the survivor or 18 beneficiary is not convicted of such charge, the board shall resume payment of benefits and 19 shall pay the survivor or beneficiary any benefits that were suspended pending resolution of 20 such charge. 104.1060. 1. Should any error result in any person receiving more or less than the 2 person would have been entitled to receive had the error not occurred, the board shall correct 3 such error, and, as far as practicable, to recover any overpayments, may accept single sum 4 or installment repayments or make future payments in such a manner that the actuarial 5 equivalent of the annuity to which such person was entitled shall be paid[, and to this end may 6 recover any overpayments]. In all cases in which such error has been made, no such error 7 shall be corrected unless the system discovers or is notified of such error within ten years after 8 the member's annuity starting date or the date of error, whichever occurs later. In cases of 9 fraud, any error discovered shall be corrected without concern to the amount of time that has 10 passed. 11 2. A person who knowingly makes a false statement, or falsifies or permits to be 12 falsified a record of the system, in an attempt to defraud the system shall be subject to fine or 13 imprisonment under the Missouri revised statutes. 14 3. A board shall not pay an annuity to any survivor or beneficiary who is charged with 15 the intentional killing of a member, retiree or survivor without legal excuse or justification. A 16 survivor or beneficiary who is convicted of such charge shall no longer be entitled to receive 17 an annuity. If the survivor or beneficiary is not convicted of such charge, the board shall 18 resume annuity payments and shall pay the survivor or beneficiary any annuity payments that 19 were suspended pending resolution of such charge. 104.1092. 1. In lieu of retirement annuity benefits otherwise payable under the 2 closed plan or year 2000 plan, any member who has terminated employment, is entitled to a 3 deferred annuity, and has not yet reached normal retirement age or eligibility may make a 4 one-time election to receive a lump sum payment equal to a percentage of the present value of HB 1655 3
5 such member's deferred annuity should a board choose to establish such a program by board 6 rule pursuant to section 104.1063. 7 2. Any such election under subsection 1 of this section may be made by the member 8 beginning on [a date as established by the board under such program but not] or after [May 9 31, 2018. After May 31, 2018, no such election shall be made and retirement annuity benefits 10 shall only be paid as otherwise provided by law under this chapter] January 1, 2027. 11 3. Any such member making such election under subsection 1 of this section shall 12 forfeit all such member's creditable or credited service and future rights to receive retirement 13 annuity benefits from the system under this chapter and shall not be eligible to receive any 14 long-term disability benefits. If such member subsequently becomes an employee, such 15 member shall be considered a new employee with no prior credited service and shall be 16 subject to the provisions of section 104.1091. 105.695. 1. No contribution or expenditure of system funds shall be made 2 directly by any public pension system to advocate, support, or oppose the passage or 3 defeat of any ballot measure or the nomination or election of any candidate for public 4 office. Nor shall any system funds pay any debts or obligations of any committee 5 supporting or opposing such ballot measures or candidates. 6 2. For the purposes of this section, the term "system" shall be defined as any 7 retirement system established by the state of Missouri or any political subdivision or 8 instrumentality of the state for the purpose of providing plan benefits for elected or 9 appointed public officials or employees of the state of Missouri or any political 10 subdivision or instrumentality of the state. ✔
Statutes affected: