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Missouri General Assembly· HB 14707/14/2025 - Delivered to Secretary of State (G)

Relating to retirement, the official text

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FIRST REGULAR SESSION
            [TRULY AGREED TO AND FINALLY PASSED]

                     SENATE SUBSTITUTE NO. 2 FOR
                SENATE COMMITTEE SUBSTITUTE FOR

           HOUSE BILL NO. 147

           103RD GENERAL ASSEMBLY

0295S.09T  2025

                                       AN ACT

To repeal sections 57.280, 57.952, 57.955, 57.961, 57.962, 57.967, 70.630, 70.655, 70.680,
         70.690, 70.745, 70.746, 70.747, 84.540, 84.570, 86.200, 87.140, 87.145, 87.155,
         87.260, 87.350, 105.688, 169.450, 169.490, 483.088, 488.024, and 488.435, RSMo,
         and to enact in lieu thereof twenty-seven new sections relating to retirement.

    Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Sections 57.280, 57.952, 57.955, 57.961, 57.962, 57.967, 70.630, 70.655,
2 70.680, 70.690, 70.745, 70.746, 70.747, 84.540, 84.570, 86.200, 87.140, 87.145, 87.155,
3 87.260, 87.350, 105.688, 169.450, 169.490, 483.088, 488.024, and 488.435, RSMo, are
4 repealed and twenty-seven new sections enacted in lieu thereof, to be known as sections
5 57.280, 57.952, 57.956, 57.961, 57.967, 70.630, 70.655, 70.680, 70.690, 70.745, 70.746,
6 70.747, 70.748, 84.540, 84.570, 86.200, 87.140, 87.145, 87.155, 87.260, 87.350, 105.688,
7 105.692, 105.693, 169.450, 169.490, and 488.435, to read as follows:

             57.280. 1. Sheriffs shall receive a charge for service of any summons, writ, or other
2 order of court, in connection with any civil case, and making on the same either a return
3 indicating service, a non est return or a nulla bona return, the sum of twenty dollars for each
4 item to be served, except that a sheriff shall receive a charge for service of any subpoena, and
5 making a return on the same, the sum of ten dollars; however, no such charge shall be
6 collected in any proceeding when [court] costs for service are to be paid by the state, county,
7 or municipality. In addition to such charge, the sheriff shall be entitled to receive for each
8 mile actually traveled in serving any summons, writ, subpoena, or other order of court the rate

    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.
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9 prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use

10 expressed as an amount per mile, provided that such mileage shall not be charged for more

11 than one subpoena or summons or other writ served in the same cause on the same trip. All of

12 such charges shall be received by the sheriff who is requested to perform the service. Except

13 as otherwise provided by law, all charges made pursuant to this section shall be collected by

14 the [court clerk as court costs] sheriff's office responsible for service and are payable prior

15 to the time the service is rendered; provided that if the amount of such charge cannot be

16 readily determined, then the sheriff shall receive a deposit based upon the likely amount of

17 such charge, and the balance of such charge shall be payable immediately upon ascertainment

18 of the proper amount of said charge. A sheriff may refuse to perform any service in any

19 action or proceeding, other than when [court] costs for service are waived as provided by law,

20 until the charge provided by this section is paid. Failure to receive the charge shall not affect

21 the validity of the service.

22  2. The sheriff shall receive for receiving and paying moneys on execution or other

23 process, where lands or goods have been levied and advertised and sold, five percent on five

24 hundred dollars and four percent on all sums above five hundred dollars, and half of these

25 sums, when the money is paid to the sheriff without a levy, or where the lands or goods levied

26 on shall not be sold and the money is paid to the sheriff or person entitled thereto, his agent or

27 attorney. The party at whose application any writ, execution, subpoena, or other process has

28 issued from the court shall pay the sheriff's costs for the removal, transportation, storage,

29 safekeeping and support of any property to be seized pursuant to legal process before such

30 seizure. The sheriff shall be allowed for each mile, going and returning from the courthouse

31 of the county in which he resides to the place where the court is held, the rate prescribed by

32 the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an

33 amount per mile. The provisions of this subsection shall not apply to garnishment proceeds.

34  3. The sheriff upon the receipt of the charge herein provided for shall pay into the

35 treasury of the county any and all charges received pursuant to the provisions of this section.

36 The funds collected pursuant to this section, not to exceed [fifty] seventy-five thousand

37 dollars in any calendar year, shall be held in a fund established by the county treasurer, which

38 may be expended at the discretion of the sheriff for the furtherance of the sheriff's set duties.

39 Any such funds in excess of [fifty] seventy-five thousand dollars in any calendar year shall be

40 placed to the credit of the general revenue fund of the county. Moneys in the fund shall be

41 used only for the procurement of services and equipment to support the operation of the

42 sheriff's office. Moneys in the fund established pursuant to this subsection shall not lapse to

43 the county general revenue fund at the end of any county budget or fiscal year.

44  4. (1) Notwithstanding the provisions of subsection 3 of this section to the contrary,

45 [the sheriff shall receive ten dollars] for service of any summons, writ, subpoena, or other
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46 order of the court included under subsection 1 of this section, in addition to the charge for

47 such service that each sheriff receives under subsection 1 of this section, the sheriff of any

48 county of the first, second, or fourth classification or with a charter form of government

49 shall receive twenty dollars and the sheriff of any county of the third classification shall

50 receive fifteen dollars. The money received by the sheriff under this subsection shall be paid

51 into the county treasury and the county treasurer shall make such money payable to the state

52 treasurer.

53  (2) For any moneys received by the state treasurer from the county treasurer of

54 any county of the first, second, or fourth classification or with a charter form of

55 government, the state treasurer shall deposit ten dollars of such moneys in the deputy sheriff

56 salary supplementation fund created under section 57.278 and ten dollars of such moneys in

57 the sheriffs' retirement fund created under section 57.952, except that any moneys

58 received from a county that does not have a sheriff that participates in the sheriffs'

59 retirement system authorized by sections 57.949 to 57.997 shall be deposited in full in

60 the deputy sheriff supplementation fund. Any other person specially appointed to serve in

61 a county shall execute and deliver to the circuit clerk, along with the confirmation of service,

62 a signed and notarized affidavit of confirmation, made under penalty of perjury, that includes

63 the amount, check number, and date of payment to evidence payment was made to the sheriff

64 for the deputy sheriff salary supplementation fund and the sheriffs' retirement fund as

65 required by this subsection.

66  (3) For any moneys received by the state treasurer from the county treasurer of

67 any county of the third classification, the state treasurer shall deposit ten dollars of such

68 moneys in the deputy sheriff salary supplementation fund created under section 57.278

69 and five dollars of such moneys in the sheriffs' retirement fund created under section

70 57.952, except that any moneys received from a county that does not have a sheriff that

71 participates in the sheriffs' retirement system authorized by sections 57.949 to 57.997

72 shall be deposited in full in the deputy sheriff supplementation fund. Any other person

73 specially appointed to serve in a county shall execute and deliver to the circuit clerk,

74 along with the confirmation of service, a signed and notarized affidavit of confirmation,

75 made under penalty of perjury, that includes the amount, check number, and date of

76 payment to evidence payment was made to the sheriff for the deputy sheriff salary

77 supplementation fund and the sheriffs' retirement fund as required by this subsection.

78  5. Notwithstanding the provisions of subsection 3 of this section, the court clerk shall

79 collect ten dollars as a court cost for service of any summons, writ, subpoena, or other order

80 of the court included under subsection 1 of this section if any person other than a sheriff is

81 specially appointed to serve in a county that receives funds under section 57.278. The

82 moneys received by the court clerk under this subsection shall be paid into the county treasury
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83 and the county treasurer shall make such moneys payable to the state treasurer. The state

84 treasurer shall deposit such moneys in the deputy sheriff salary supplementation fund created

85 under section 57.278.

86  6. Sheriffs shall receive up to fifty dollars for service of any summons, writ, or other

87 order of the court in connection with any eviction proceeding, in addition to the charge for

88 such service that each sheriff receives under this section. All of such charges shall be

89 received by the sheriff who is requested to perform the service and shall be paid to the county

90 treasurer in a fund established by the county treasurer, which may be expended at the

91 discretion of the sheriff for the furtherance of the sheriff's set duties. All charges shall be

92 payable prior to the time the service is rendered; provided that if the amount of such charge

93 cannot be readily determined, then the sheriff shall receive a deposit based upon the likely

94 amount of such charge, and the balance of such charge shall be payable immediately upon

95 ascertainment of the proper amount of said charge.

    57.952. 1. There is hereby authorized a "Sheriffs' Retirement Fund" which shall be

2 under the management of [a] the board [of directors] as described in section 57.958. The

3 board [of directors] shall be responsible for the administration and the investment of the funds

4 of such sheriffs' retirement fund. The general assembly and the governing body of a county

5 may appropriate funds for deposit in the sheriffs' retirement fund. [If insufficient funds are

6 generated to provide the benefits payable pursuant to the provisions of sections 57.949 to

7 57.997, the board shall proportion the benefits according to the funds available.]

8   2. The board may accept gifts, donations, grants, and bequests from public or private

9 sources to the sheriffs' retirement fund.

10  3. Each county shall make the payroll deductions for member contributions mandated

11 under section 57.961, and the county shall transmit such moneys to the board for deposit into

12 the sheriffs' retirement fund.

    57.956. 1. Notwithstanding any other provision of law to the contrary, the

2 department of corrections shall subtract and make a payment to the state treasurer

3 from any per diem cost of incarceration to be received by each county under section

4 221.105, or from any per diem cost for jail reimbursement to be received by each county

5 under any other provision of law in effect on or after August 28, 2025, in the amount of

6 one dollar and seventy-five cents per day per prisoner. The state treasurer shall deposit

7 such funds in the sheriffs' retirement fund created under section 57.952.

8   2. Notwithstanding subsection 1 of this section to the contrary, if the sheriffs'

9 retirement fund is funded to at least ninety percent of the actuarially sound level and is

10 funded at a level above the actuarial need, the department of corrections shall subtract

11 and make a payment to the state treasurer from any per diem cost of incarceration to be

12 received by each county under section 221.105, or from any per diem cost for jail
SS #2 SCS HB 147                   5

13 reimbursement to be received by each county under any other provision of law in effect

14 on or after August 28, 2025, in the amount of one dollar per day per prisoner. The state

15 treasurer shall deposit such funds in the sheriffs' retirement fund created under section

16 57.952. The retirement system shall annually provide a copy of its actuarial report to

17 the department of corrections.

18  3. The payment authorized by this section shall only apply to counties that have

19 a sheriff who participates in the retirement system.

20  4. This section shall be effective on January 1, 2026.

    57.961. 1. On and after the effective date of the establishment of the system, as an

2 incident to his or her employment or continued employment, each person employed as an

3 elected or appointed sheriff of a county shall become a member of the system. Such

4 membership shall continue as long as the person continues to be an employee, or receives or

5 is eligible to receive benefits under the provisions of sections 57.949 to 57.997.

6   2. Notwithstanding any other provision of law to the contrary, each person who is a

7 member of the system on or after January 1, 2024, shall be required to contribute five percent

8 of the member's pay to the [retirement] system. Such contribution shall be made by the

9 member of the system notwithstanding that the minimum salary or wages provided by law

10 for any member shall thereby be changed. Each member shall be deemed to consent and

11 agree to the deduction made and provided for herein. Payment of a member's compensation

12 less such deduction shall be a full and complete discharge and acquittance of all claims and

13 demands whatsoever for services rendered by him or her to a county, except as to benefits

14 provided by this system.

15  3. The county employer, pursuant to the provisions of 26 U.S.C. Section 414(h)

16 (2), shall pick up and pay the contributions that would otherwise be payable by the

17 member under this section. The officer or officers responsible for making up the payrolls

18 for each county shall cause the contribution provided for in this section to be deducted from

19 the compensation of the member in the employ of the county, on each and every payroll, for

20 each and every payroll to the date his or her membership terminates. When deducted, each

21 contribution shall be paid by the county to the system; the payments shall be made in the

22 manner and shall be accompanied by such supporting data as the board shall from time to

23 time prescribe. When paid to the system, each of the contributions shall be credited to the

24 member from whose compensation the contributions were deducted. The contributions so

25 deducted shall be treated as [employee] employer contributions for purposes of determining

26 the member's pay that is includable in the member's gross income for federal income tax

27 purposes.

28  4. Member contributions [deducted and paid into the system by the county] picked

29 up by the employer shall be paid from the same source of funds used for the payment of pay
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30 to a member. A deduction shall be made from each member's pay equal to the amount of the

31 member's contributions picked up by the employer. This deduction, however, shall not reduce

32 the member's pay for purposes of computing benefits under the [retirement] system under this

33 chapter.

34  5. The contributions, although designated as employee contributions, shall be paid by

35 the county in lieu of the contributions by the member. The member shall not have the option

36 of choosing to receive the contributed amounts directly instead of having them paid by the

37 county to the [retirement] system.

38  6. A former member who is not vested may request a refund of his or her

39 contributions. Such refund shall be paid by the system after ninety days from the date of

40 termination of employment or the request, whichever is later, and shall include all

41 contributions made to any retirement plan administered by the system.

42  7. Beginning September 1, 1986, any city not within a county and any county having

43 a charter form of government may elect, by a majority vote of its governing body, to come

44 under the provisions of sections 57.949 to 57.997 [except for the provisions of section

45 57.955]. Notice in writing of such election shall be given to the board, and the person

46 employed as sheriff of such county, as an incident of his contract of employment or continued

47 employment, shall become a member of the system on the first day of the month immediately

48 following the date the board receives notice. Such membership shall continue as long as the

49 person continues to be an employee, or receives or is eligible to receive benefits under the

50 provisions of sections 57.949 to 57.997, and upon becoming a member he shall receive credit

51 for all prior service as if he had become a member on December 22, 1983.

52  8. Subject to the limitations under sections 57.949 to 57.997, the board shall have the

53 authority to formulate and adopt rules and regulations for the administration of these

54 provisions.

    57.967. 1. The normal annuity of a retired member shall equal two percent of the

2 final average compensation of the retired member multiplied by the number of years of

3 creditable service of the retired member, except that the normal annuity shall not exceed

4 seventy-five percent of the retired member's average final compensation. Such annuity shall

5 be not less than one thousand dollars per month.

6   2. The board, at its last meeting of each calendar year, shall determine the monthly

7 amount for medical insurance premiums to be paid to each retired member during the next

8 following calendar year. The monthly amount shall not exceed four hundred fifty dollars.

9 The monthly payments are at the discretion of the board on the advice of the actuary. The

10 anticipated sum of all such payments during the year plus the annual normal cost plus the

11 annual amount to amortize the unfunded actuarial accrued liability in no more than thirty

12 years shall not exceed the anticipated moneys credited to the system pursuant to [sections]
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13 section 57.952 [and 57.955]. The money amount granted here shall not be continued to any

14 survivor.

15  3. If a member with eight or more years of service dies before becoming eligible for

16 retirement, the member's surviving spouse, if he or she has been married to the member for at

17 least two years prior to the member's death, shall be entitled to survivor benefits under option

18 1 as set forth in section 57.979 as if the member had retired on the date of the member's death.

19 The member's monthly benefit shall be calculated as the member's accrued benefit at his or

20 her death reduced by one-fourth of one percent per month for an early commencement from

21 the member's normal retirement date: age fifty-five with twelve or more years of creditable

22 service or age sixty-two with eight years of creditable service, to the member's date of death.

23 Such benefit shall be payable on the first day of the month following the member's death and

24 shall be payable during the surviving spouse's lifetime.

    70.630. 1. The membership of the system shall include the following persons:

2   (1) All employees who are neither policemen nor firemen who are in the employ of a

3 political subdivision the day preceding the date such political subdivision becomes an

4 employer and who continue in such employ on and after such date shall become members of

5 the system.

6   (2) All persons who become employed by a political subdivision as neither policemen

7 nor firemen on or after the date such political subdivision becomes an employer shall become

8 members of the system.

9   (3) If his employing political subdivision has elected to cover present and future

10 policemen, all policemen who are in the employ of a political subdivision the day preceding

11 the date such political subdivision covers policemen hereunder and who continue in such

12 employ as a policeman on and after such date, and all persons who become employed by a

13 political subdivision as a policeman on or after the date the political subdivision covers

14 policemen shall become members of the system.

15  (4) If his employing political subdivision has elected to cover only future policemen,

16 all persons who become employed by a political subdivision as a policeman on or after the

17 date such political subdivision covers policemen hereunder shall become members of the

18 system.

19  (5) If his employing political subdivision has elected to cover present and future

20 firemen, all firemen who are in the employ of a political subdivision the day preceding the

21 date such political subdivision covers firemen hereunder and who continue in such employ as

22 a fireman on and after such date, and all persons who become employed by a political

23 subdivision as a fireman on or after the date the political subdivision covers firemen

24 hereunder shall become members of the system.
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25  (6) If his employing political subdivision has elected to cover only future firemen, all

26 persons who become employed by a political subdivision as a fireman on or after the date

27 such political subdivision covers firemen hereunder shall become members of the system.

28  2. [In no event shall an employee become a member if continuous employment to

29 time of retirement will leave the employee with less than minimum number of years of

30 credited service specified in section 70.645.

31  3.] In any case of question as to the system membership status of any person, the

32 board shall decide the question.

    70.655. 1. Upon a member's retirement he or she shall receive an allowance for life in

2 accordance with the applicable benefit program elected by the member's employer, as

3 follows:

4   (1) Benefit program L-1. A member with credited service covered by benefit

5 program L-1 shall receive an allowance for life equal to one percent of the member's final

6 average salary multiplied by the number of years of such credited service;

7   (2) Benefit program L-3. A member with credited service covered by benefit

8 program L-3 shall receive an allowance for life equal to one and one-quarter percent of the

9 member's final average salary multiplied by the number of years of such credited service;

10  (3) Benefit program LT-4. A member with credited service covered by benefit

11 program LT-4 shall receive an allowance for life equal to one percent of the member's final

12 average salary multiplied by the number of years of such credited service. In addition, if such

13 member is retiring as provided in section 70.645 or section 70.650 or section 70.670, and if

14 such member's age at retirement is younger than age sixty-two, then such member shall

15 receive a temporary allowance equal to one percent of the member's final average salary

16 multiplied by the number of years of such credited service. Such temporary allowance shall

17 terminate at the end of the calendar month in which the earlier of the following events occurs:

18 such member's death; or the member's attainment of age sixty-two;

19  (4) Benefit program LT-5. A member with credited service covered by benefit

20 program LT-5 shall receive an allowance for life equal to one and one-quarter percent of the

21 member's final average salary multiplied by the number of years of such credited service. In

22 addition, if such member is retiring as provided in section 70.645 or section 70.650 or section

23 70.670, and if such member's age at retirement is younger than age sixty-two, then such

24 member shall receive a temporary allowance equal to three-quarters of one percent of the

25 member's final average salary multiplied by the number of years of such credited service.

26 Such temporary allowance shall terminate at the end of the calendar month in which the

27 earlier of the following events occurs: such member's death; or the member's attainment of

28 age sixty-two;
SS #2 SCS HB 147    9

29       (5) Benefit program L-6. A member with credited service covered by benefit

30 program L-6 shall receive an allowance for life equal to two percent of the member's final

31 average salary multiplied by the number of years of such credited service;

32       (6) Benefit program L-7. A member with credited service covered by benefit

33 program L-7 shall receive an allowance for life equal to one and one-half percent of the

34 member's final average salary multiplied by the number of years of such credited service;

35       (7) Benefit program LT-8. A member with credited service covered by benefit

36 program LT-8 shall receive an allowance for life equal to one and one-half percent of the

37 member's final average salary multiplied by the number of years of such credited service. In

38 addition, if such member is retiring as provided in section 70.645 or section 70.650 or section

39 70.670, and if such member's age at retirement is younger than age sixty-two, then such

40 member shall receive a temporary allowance equal to one-half of one percent of the member's

41 final average salary multiplied by the number of years of such credited service. Such

42 temporary allowance shall terminate at the end of the calendar month in which the earlier of

43 the following events occurs: such member's death; or the member's attainment of age sixty-

44 two;

45       (8) Benefit program LT-4(65). A member with credited service covered by benefit

46 program LT-4(65) shall receive an allowance for life equal to one percent of the member's

47 final average salary multiplied by the number of years of such credited service. In addition, if

48 such member is retiring as provided in section 70.645 or section 70.650 or section 70.670, and

49 if such member's age at retirement is younger than age sixty-five, then such member shall

50 receive a temporary allowance equal to one percent of the member's final average salary

51 multiplied by the number of years of such credited service. Such temporary allowance shall

52 terminate at the end of the calendar month in which the earlier of the following events occurs:

53 such member's death; or the member's attainment of age sixty-five;

54       (9) Benefit program LT-5(65). A member with credited service covered by benefit

55 program LT-5(65) shall receive an allowance for life equal to one and one-quarter percent of

56 the member's final average salary multiplied by the number of years of such credited service.

57 In addition, if such member is retiring as provided in section 70.645 or section 70.650 or

58 section 70.670, and if such member's age at retirement is younger than age sixty-five, then

59 such member shall receive a temporary allowance equal to three-quarters of one percent of

60 the member's final average salary multiplied by the number of years of such credited service.

61 Such temporary allowance shall terminate at the end of the calendar month in which the

62 earlier of the following events occurs: such member's death; or the member's attainment of

63 age sixty-five;

64       (10) Benefit program LT-8(65). A member with credited service covered by benefit

65 program LT-8(65) shall receive an allowance for life equal to one and one-half percent of the
SS #2 SCS HB 147    10

66 member's final average salary multiplied by the number of years of such credited service. In

67 addition, if such member is retiring as provided in section 70.645 or section 70.650 or section

68 70.670, and if such member's age at retirement is younger than age sixty-five, then such

69 member shall receive a temporary allowance equal to one-half of one percent of the member's

70 final average salary multiplied by the number of years of such credited service. Such

71 temporary allowance shall terminate at the end of the calendar month in which the earlier of

72 the following events occurs: such member's death; or the member's attainment of age sixty-

73 five;

74        (11) Benefit program L-9. A member with credited service covered by benefit

75 program L-9 shall receive an allowance for life equal to one and six-tenths percent of the

76 member's final average salary multiplied by the number of years of such credited service;

77        (12) Benefit program LT-10(65). A member with credited service covered by benefit

78 program LT-10(65) shall receive an allowance for life equal to one and six-tenths percent of

79 the members' final average salary multiplied by the number of years of such credited service.

80 In addition, if such member is retiring as provided in section 70.645 or section 70.650 or

81 section 70.670, and if such member's age at retirement is younger than age sixty-five, then

82 such member shall receive a temporary allowance equal to four-tenths of one percent of the

83 member's final average salary multiplied by the number of years of such credited service.

84 Such temporary allowance shall terminate at the end of the calendar month in which the

85 earlier of the following events occurs: such member's death; or the member's attainment of

86 age sixty-five;

87        (13) Benefit program L-11. Benefit program L-11 may cover employment in a

88 position only if such position is not concurrently covered by federal Social Security; in

89 addition, if such position was previously covered by federal Social Security, benefit program

90 L-11 may cover only employment rendered after cessation of federal Social Security

91 coverage. A member with credited service covered by benefit program L-11 shall receive an

92 allowance for life equal to two and one-half percent of the member's final average salary

93 multiplied by the number of years of such credited service;

94        (14) Benefit program L-12. A member with credited service covered by benefit

95 program L-12 shall receive an allowance for life equal to one and three-quarter percent of the

96 member's final average salary multiplied by the number of years of such credited service;

97        (15) Benefit program LT-14(65). A member with credited service covered by benefit

98 program LT-14(65) shall receive an allowance for life equal to one and three-quarter percent

99 of the member's final average salary multiplied by the number of years of such credited

100 service. In addition, if such member is retiring as provided in section 70.645, 70.650, or

101 70.670, then such member shall receive a temporary allowance equal to one-quarter of one

102 percent of the member's final average salary multiplied by the number of years of such
SS #2 SCS HB 147                    11

103 credited service. Such temporary allowance shall terminate at the end of the calendar month

104 in which the earlier of the following events occurs: such member's death or the member's

105 attainment of age sixty-five.

106        2. If each portion of a member's credited service is not covered by the same benefit

107 program, then the member's total allowance for life shall be the total of the allowance for life

108 determined under each applicable benefit program.

109        3. Each employer shall have the credited service of each of its members covered by

110 benefit program L-1 provided for in this section unless such employer shall have elected

111 another benefit program provided for in this section.

112        4. Except as otherwise provided in this subsection, each political subdivision, by

113 majority vote of its governing body, may elect from time to time to cover its members, whose

114 political subdivision employment is concurrently covered by federal Social Security, under

115 one of the benefit programs provided for in this section. Each political subdivision, by

116 majority vote of its governing body, may elect from time to time to cover its members, whose

117 political subdivision employment is not concurrently covered by federal Social Security,

118 under one of the benefit programs provided for in this section. The clerk or secretary of the

119 political subdivision shall certify the election of the benefit program to the board within ten

120 days after such vote. The effective date of the political subdivision's benefit program is the

121 first day of the calendar month specified by such governing body, or the first day of the

122 calendar month next following receipt by the board of the certification of election of benefit

123 program, or the effective date of the political subdivision becoming an employer, whichever

124 is the latest. Such election of benefit program may be changed from time to time by such

125 vote, but not more often than biennially. If such changed benefit program provides larger

126 allowances than the benefit program previously in effect, then such larger benefit program

127 shall be applicable to the past and future employment with the employer by present and future

128 employees. If such changed benefit program provides smaller allowances than the benefit

129 program previously in effect, then such changed benefit program shall be applicable only to

130 credited service for employment rendered from and after the effective date of such change.

131 After August 28, 1994, political subdivisions shall not elect coverage under benefit program

132 LT-4, benefit program LT-5, or benefit program LT-8. After August 28, 2005, political

133 subdivisions shall not elect coverage under benefit program L-9 or benefit program LT-10

134 (65).

135        5. Should an employer change its election of benefit program as provided in this

136 section, the employer contributions shall be correspondingly changed effective the same date

137 as the benefit program change.
SS #2 SCS HB 147  12

138  6. The limitation on increases in an employer's contribution provided by subsection 6

139 of section 70.730 shall not apply to any contribution increase resulting from an employer

140 electing a benefit program which provides larger allowances.

141  7. Subject to the provisions of subsections 8 and 9 [and 10] of this section, for an

142 allowance becoming effective on September 28, 1975, or later, and beginning with the

143 October first which is at least twelve full months after the effective date of the allowance, the

144 amount of the allowance shall be redetermined effective each October first and such

145 redetermined amount shall be payable for the ensuing year. Subject to the limitations stated

146 in the next sentence, such redetermined amount shall be the amount of the allowance

147 otherwise payable multiplied by the following percent: one hundred percent, plus two percent

148 for each full year (excluding any fraction of a year) in the period from the effective date of the

149 allowance to the current October first. In no event shall such redetermined amount (1) be less

150 than the amount of the allowance otherwise payable nor (2) be more than the amount of the

151 allowance otherwise payable multiplied by the following fraction: the numerator shall be the

152 Consumer Price Index for the month of June immediately preceding such October first (but in

153 no event an amount less than the denominator below) and the denominator shall be the

154 Consumer Price Index for the month of June immediately preceding the effective date of the

155 allowance. As used herein, "Consumer Price Index" means a measure of the Consumer Price

156 Index [for Urban Wage Earners and Clerical Workers,] as determined by the United States

157 Department of Labor and adopted by the board of trustees [in effect January 1, 1975;

158 provided, should such Consumer Price Index be restructured subsequent to 1974 in a manner

159 materially changing its character, the board shall change the application of the Consumer

160 Price Index so that as far as is practicable the 1975 intent of the use of the Consumer Price

161 Index shall be continued]. As used herein "the amount of the allowance otherwise payable"

162 means the amount of the allowance which would be payable without regard to these

163 provisions redetermining allowance amounts after retirement.

164  8. [Subject to the provisions of subsections 9 and 10 of this section, for an allowance

165 becoming effective on September 28, 1975, or later, the maximum allowance payable under

166 the provisions of section 70.685 shall be redetermined each October first in the same manner

167 as an allowance is redetermined under the provisions of subsection 7 of this section.

168  9.] (1) The system establishes reserves for the payment of future allowances to

169 retirants and beneficiaries. Should the board determine, after consulting with the actuary, that

170 the established reserves are more than sufficient to provide such allowances, the board may

171 increase the annual increase rate provided for in [subsections] subsection 7 [and 8] of this

172 section, as it applies to any allowance payable, but in no event shall the total of all

173 redetermined amounts as of October first of any year be greater than one hundred four percent

174 of the allowances which would have been payable that October first without such
SS #2 SCS HB 147                  13

175 redeterminations; provided, as of any redetermination date the same annual increase rate shall

176 be applied to all allowances with effective dates in the range of November first to October

177 first of the following year. The board may extend the provisions of [subsections] subsection

178 7 [and 8] of this section to allowances which became effective before September 28, 1975;

179 provided such an action by the board shall not increase an employer contribution rate then in

180 effect;

181          (2) After August 28, 1993, the annual increase rate established by this subsection

182 shall be a compound rate, compounded annually, and the four percent annual maximum rate

183 shall also be a compound rate, compounded annually; provided, the use of such compounding

184 shall not begin until October 1, 1993, and shall not affect redeterminations made prior to that

185 date.

186          [10.] 9. Should the board determine that the provisions of subsections 7[, 8] and [9] 8

187 of this section are jeopardizing the financial solvency of the system, the board shall suspend

188 these provisions redetermining allowance amounts after retirement for such periods of time as

189 the board deems appropriate.

             70.680. 1. Any member in service with five or more years of credited service who

2 has not attained the age and service requirements of section 70.645 and who becomes totally

3 and permanently physically or mentally incapacitated for his duty as an employee, as the

4 result of a personal injury or disease, may be retired by the board upon written application

5 filed with the board by or on behalf of the member; provided, that after a medical examination

6 of such member made by or under the direction of a medical committee consisting of three

7 physicians, one of whom shall be selected by the board, one by or on behalf of such member,

8 and the third by the first two physicians so named, the medical committee reports to the

9 board, by majority opinion in writing, that such member is physically or mentally totally

10 incapacitated for the further performance of duty, that such incapacity will probably be

11 permanent and that such member should be retired.

12           2. Upon disability retirement, as provided in subsection 1 of this section, a member

13 shall receive an allowance for life provided for in section 70.655 and shall have the right to

14 elect an option provided for in section 70.660. His or her disability retirement and allowance

15 shall be subject to the provisions of subsection 5 of this section [and to the provisions of

16 section 70.685].

17           3. Any member in service who becomes totally and permanently physically or

18 mentally incapacitated for his duty as an employee, as the natural and proximate result of a

19 personal injury or disease which the board finds to have arisen out of and in the course of his

20 actual performance of duty as an employee, may be retired by the board upon written

21 application filed with the board by or on behalf of the member; provided, that after a medical

22 examination of such member made by or under the direction of a medical committee
SS #2 SCS HB 147                              14

23 consisting of three physicians, one of whom shall be selected by the board, one by or on

24 behalf of such member, and the third by the first two physicians so named, the medical

25 committee reports to the board, by majority opinion in writing, that such member is

26 physically or mentally totally incapacitated for the further performance of duty, that such

27 incapacity will probably be permanent, and that such member should be retired.

28  4. Upon disability retirement as provided in subsection 3 of this section, a member

29 shall receive an allowance for life provided for in section 70.655; provided, that for the sole

30 purpose of computing the amount of such allowance, he or she shall be given credited service

31 for the period from the date of his or her disability retirement to the date he or she would

32 attain age sixty. He or she shall have the right to elect an option provided for in section

33 70.660. His or her disability retirement and allowance shall be subject to the provisions of

34 subsection 5 of this section [and to the provisions of section 70.685].

35  5. At least once each year during the first five years following a member's retirement

36 on account of disability, and at least once in each three-year period thereafter, the board shall

37 require any disability retirant who has not attained his minimum service retirement age to

38 undergo a medical examination to be made by a physician designated by the board. If the

39 retirant refuses to submit to medical examination in any such period, his disability allowance

40 shall be suspended by the board until his withdrawal of such refusal. If such refusal continues

41 for one year, all his rights in and to a disability allowance shall be revoked by the board. If,

42 upon medical examination of the retirant, the physician reports to the board that the retirant is

43 physically and mentally able and capable of resuming his duty as an employee in the position

44 held by him at the time of his disability retirement, then the board shall, if demanded by the

45 retirant, arrange a further medical examination of such member made by or under the

46 direction of a medical committee consisting of three physicians, one of whom shall be

47 selected by the board, one by or on behalf of the member, and the third by the first two

48 physicians named. Should the medical committee concur, by majority opinion in writing to

49 the board, the disability retirant is capable of resumption of duty, his disability retirement

50 shall terminate and he shall be returned to duty and he shall immediately again become a

51 member of the system, his credited service at the time of disability retirement shall be

52 restored to his credit, and the amount of his accumulated contributions at the time of his

53 disability retirement shall be restored to his credit in the members deposit fund. If he was in

54 receipt of a duty disability allowance provided for in subsection 3 of this section, he shall also

55 be given service credit for the period he was in receipt of the duty disability allowance.

    70.690. 1. In the event a member ceases to be a member other than by death before

2 the date he becomes entitled to retire with an allowance payable by the system, he shall be

3 paid, upon his written application filed with the board, his accumulated contributions standing

4 to his credit in the members deposit fund.
SS #2 SCS HB 147                          15

5           2. In the event a member dies, and no allowance becomes or will become payable by

6 the system on account of his death, his accumulated contributions standing to his credit in the

7 members deposit fund at the time of his death shall be paid to such person or persons as he

8 shall have nominated by written designation duly executed and filed with the board. If there

9 be no such designated person or persons surviving such member, such accumulated

10 contributions shall be paid to his surviving spouse, or to his estate if there is no surviving

11 spouse.

12          3. In the event a member's membership in the system terminates, and no allowance

13 becomes or will become payable on his account, any accumulated contributions standing to

14 his credit in the members deposit fund unclaimed by such member or his legal representative

15 within [three] ten years after the date his membership terminated, shall be transferred to the

16 income-expense fund. If thereafter proper application is made for such accumulated

17 contributions, the board shall pay them from the income-expense fund, but without interest

18 after the date payment was first due.

            70.745. 1. The board shall be the trustees of the funds of the system. Subject to the

2 provisions of any applicable federal or state laws, the board shall have full power to invest

3 and reinvest the moneys of the system, and to hold, purchase, sell, assign, transfer or dispose

4 of any of the securities and investments in which such moneys shall have been invested, as

5 well as the proceeds of such investments and such moneys.

6           2. The board of trustees may deliberate about, or make tentative or final

7 decisions on, investments or other financial matters in a closed meeting under chapter

8 610 if disclosure of the deliberations or decisions would jeopardize the ability to

9 implement a decision or to achieve investment objectives. A record of the retirement

10 system that discloses deliberations about, or a tentative decision on, investments or

11 other financial matters is not a public record under chapter 610 to the extent and so long

12 as its disclosure would jeopardize the ability to implement a decision or to achieve

13 investment objectives.

            70.746. Notwithstanding any other provision of law to the contrary, the board of

2 trustees may delegate to its duly appointed investment counselor authority to act in place of

3 the board in the investment and reinvestment of all or part of the moneys of the system, and

4 may also delegate to such counselor the authority to act in place of the board in the holding,

5 purchasing, selling, assigning, transferring, or disposing of any or all of the securities and

6 investments in which such moneys shall have been invested, as well as the proceeds of such

7 investments and such moneys. [Such investment counselor shall be registered as an

8 investment advisor with the United States Securities and Exchange Commission.] In

9 exercising or delegating its investment powers and authority, members of the board shall

10 exercise ordinary business care and prudence under the facts and circumstances prevailing at
SS #2 SCS HB 147                      16

11 the time of the action or decision. In so doing, the board shall consider the long- and short-

12 term needs of the system in carrying out its purposes, the system's present and anticipated

13 financial requirements, the expected total return on the system's investment, general

14 economic conditions, income, growth, long-term net appreciation, and probable safety of

15 funds. No member of the board shall be liable for any action taken or omitted with respect to

16 the exercise of or delegation of these powers and authority if such member shall have

17 discharged the duties of his or her position in good faith and with that degree of diligence,

18 care, and skill which prudent men and women would ordinarily exercise under similar

19 circumstances in a like position.

    70.747. Notwithstanding any other provision of law to the contrary, the board shall

2 have full power to invest and reinvest the funds and moneys of the system in improved real

3 estate, including collective real estate funds and real estate investment trusts, wherever

4 situated[; provided, however, that not more than one-tenth of the funds and moneys of the

5 system at the time of such investment shall be so invested].

    70.748. 1. Notwithstanding the provisions of section 105.662 to the contrary, the

2 board may set up and maintain a local government employee retirement systems of

3 Missouri investment fund account in which investment and reinvestment of all or part

4 of the moneys of the retirement system may be placed and be available for investment

5 purposes.

6   2. For the purpose of investing the funds of the retirement system, the funds may

7 be combined with the funds of any retirement plan that is administered by the

8 retirement system under section 70.621 and any retirement plan established for the

9 purpose of providing benefits for employees of the system, but the funds of each plan

10 shall be accounted for separately and for all other reporting purposes shall be separate.

11  3. The board of trustees may promulgate such rules and regulations consistent

12 with the provisions of this section as deemed necessary for its proper administration,

13 pursuant to the provisions of this section and this chapter. Any rule or portion of a rule,

14 as that term is defined in section 536.010, that is created under the authority delegated

15 in this section shall become effective only if it complies with and is subject to all of the

16 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter

17 536 are nonseverable and if any of the powers vested with the general assembly

18 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul

19 a rule are subsequently held unconstitutional, then the grant of rulemaking authority

20 and any rule proposed or adopted after August 28, 2025, shall be invalid and void.

    84.540. 1. Upon recommendation of the chief of police, the board may authorize and

2 provide for the organization of a police reserve force composed of residents of the city who

3 qualify under the provisions of subsection 1 of section 84.570, however, in the interest of
SS #2 SCS HB 147                    17

4 efficiency and public safety, no person shall serve as a member of such police reserve

5 force following the last day of the month in which the person becomes sixty-five years of

6 age. Such reserve force shall be under the command of the chief of police and shall be

7 provided training, equipment, uniforms, and arms as the chief shall direct with the approval of

8 the board; and when assigned to active duty the members of the reserve force shall possess all

9 of the powers of regular police officers and shall be subject to all laws and regulations

10 applicable to police officers; provided, however, that the city council or other governing body

11 of any such city may in its discretion fix a total in number which the reserve force may not

12 exceed.

13  2. In event of riot or other emergencies as declared and defined by the mayor, the city

14 council or other governing body in such city in concurrence with the board, the board, upon

15 recommendation of the chief, may appoint special officers or patrolmen for temporary service

16 in addition to the police reserve force herein provided for, but the length of time for which

17 such officers or patrolmen shall be employed shall be limited to the time during which such

18 emergency shall exist.

    84.570. 1. No person shall be appointed policeman or officer of police who shall

2 have been convicted of any offense, the punishment of which may be confinement in the state

3 penitentiary; nor shall any person be appointed who is not proven to be of good character, or

4 who is not proven to be a bona fide citizen of the United States, or who cannot read and write

5 the English language and who does not possess ordinary physical strength and courage, nor

6 shall any person be originally appointed to said police force who is less than twenty-one years

7 of age. Notwithstanding any other provision of law, the board shall have the sole authority to

8 determine conditions of employment for police officers pursuant to section 84.460.

9   2. In the interest of efficiency and public safety, law enforcement officers, as such

10 term is defined in 29 U.S.C. Section 630 or any successor statute, shall be separated from

11 service on the last day of the month in which the employee becomes sixty-five years of

12 age or reaches thirty-five years of creditable service, as such term is defined in section

13 86.900, whichever occurs later.

14  3. The board shall from time to time require open competitive examinations or tests

15 for determining the qualifications and fitness of all applicants for appointment to positions on

16 the police force. Such examinations and tests shall be practical and shall relate to matters

17 which fairly measure the relative fitness of the candidates to discharge the duties of the

18 positions to which they seek to be appointed. Notice of such examinations and tests shall be

19 given not less than ten days in advance thereof by public advertisement in at least one

20 newspaper of general circulation in such city, and by posting notice in the police headquarters

21 building. A list of those qualifying in such examinations shall be established, listing those
SS #2 SCS HB 147                            18

22 qualified in order of rank. When an appointment is to be made, the appointment shall be

23 made from such eligible list.

24  [3.] 4. The board shall also establish rules for:

25  (1) Temporary employment for not exceeding sixty days in the absence of any

26 eligible list;

27  (2) Hours of work of police employees and officers subject to the provisions of

28 section 84.510; and

29  (3) Attendance regulations and leaves of absence.

    86.200. The following words and phrases as used in sections 86.200 to 86.366, unless

2 a different meaning is plainly required by the context, shall have the following meanings:

3   (1) "Accumulated contributions", the sum of all mandatory contributions deducted

4 from the compensation of a member and credited to the member's individual account,

5 together with members' interest thereon;

6   (2) "Actuarial equivalent", a benefit of equal value when computed upon the basis of

7 mortality tables and interest assumptions adopted by the board of trustees;

8   (3) "Average final compensation":

9   (a) With respect to a member who earns no creditable service on or after October 1,

10 2001, the average earnable compensation of the member during the member's last three years

11 of creditable service as a police officer, or if the member has had less than three years of

12 creditable service, the average earnable compensation of the member's entire period of

13 creditable service;

14  (b) With respect to a member who is not participating in the DROP pursuant to

15 section 86.251 on October 1, 2001, who did not participate in the DROP at any time before

16 such date, and who earns any creditable service on or after October 1, 2001, the average

17 earnable compensation of the member during the member's last two years of creditable

18 service as a policeman, or if the member has had less than two years of creditable service,

19 then the average earnable compensation of the member's entire period of creditable service;

20  (c) With respect to a member who is participating in the DROP pursuant to section

21 86.251 on October 1, 2001, or whose participation in DROP ended before such date, who

22 returns to active participation in the system pursuant to section 86.251, and who terminates

23 employment as a police officer for reasons other than death or disability before earning at

24 least two years of creditable service after such return, the portion of the member's benefit

25 attributable to creditable service earned before DROP entry shall be determined using average

26 final compensation as defined in paragraph (a) of this subdivision; and the portion of the

27 member's benefit attributable to creditable service earned after return to active participation in

28 the system shall be determined using average final compensation as defined in paragraph (b)

29 of this subdivision;
SS #2 SCS HB 147               19

30  (d) With respect to a member who is participating in the DROP pursuant to section

31 86.251 on October 1, 2001, or whose participation in the DROP ended before such date, who

32 returns to active participation in the system pursuant to section 86.251, and who terminates

33 employment as a police officer after earning at least two years of creditable service after such

34 return, the member's benefit attributable to all of such member's creditable service shall be

35 determined using the member's average final compensation as defined in paragraph (b) of this

36 subdivision;

37  (e) With respect to a member who is participating in the DROP pursuant to section

38 86.251 on October 1, 2001, or whose participation in DROP ended before such date, who

39 returns to active participation in the system pursuant to section 86.251, and whose

40 employment as a police officer terminates due to death or disability after such return, the

41 member's benefit attributable to all of such member's creditable service shall be determined

42 using the member's average final compensation as defined in paragraph (b) of this

43 subdivision; and

44  (f) With respect to the surviving spouse or surviving dependent child of a member

45 who earns any creditable service on or after October 1, 2001, the average earnable

46 compensation of the member during the member's last two years of creditable service as a

47 police officer or, if the member has had less than two years of creditable service, the average

48 earnable compensation of the member's entire period of creditable service;

49  (4) "Beneficiary", any person in receipt of a retirement allowance or other benefit;

50  (5) "Board of trustees", the board provided in sections 86.200 to 86.366 to administer

51 the retirement system;

52  (6) "Creditable service", prior service plus membership service as provided in

53 sections 86.200 to 86.366;

54  (7) "DROP", the deferred retirement option plan provided for in section 86.251;

55  (8) "Earnable compensation", the annual salary [established under section 84.160

56 which] a member would earn during one year on the basis of the member's rank or position,

57 plus any additional compensation for academic work and shift differential, that [may be

58 provided] is set by any state or municipal body or official [or board] now or hereafter

59 authorized by law to employ and manage a permanent police force in such cities. Such

60 amount shall include the member's deferrals to a deferred compensation plan pursuant to

61 Section 457 of the Internal Revenue Code or to a cafeteria plan pursuant to Section 125 of the

62 Internal Revenue Code or, effective October 1, 2001, to a transportation fringe benefit

63 program pursuant to Section 132(f)(4) of the Internal Revenue Code. The term "earnable

64 compensation" shall not include a member's additional compensation for overtime, standby

65 time, court time, nonuniform time or unused vacation time. Further, the term "earnable

66 compensation" shall not include any funds received by a member through a judgment
SS #2 SCS HB 147                            20

67 or settlement of a legal action or claim made or threatened by the member against any

68 city not within a county if the funds are intended to retroactively compensate the

69 member for the salary differential between the member's actual rank and the rank the

70 member claims he or she should have received. Notwithstanding the foregoing, the

71 earnable compensation taken into account under the plan established pursuant to sections

72 86.200 to 86.366 with respect to a member who is a noneligible participant, as defined in this

73 subdivision, for any plan year beginning on or after October 1, 1996, shall not exceed the

74 amount of compensation that may be taken into account under Section 401(a)(17) of the

75 Internal Revenue Code, as adjusted for increases in the cost of living, for such plan year. For

76 purposes of this subdivision, a "noneligible participant" is an individual who first becomes a

77 member on or after the first day of the first plan year beginning after the earlier of:

78   (a) The last day of the plan year that includes August 28, 1995; or

79   (b) December 31, 1995;

80   (9) "Internal Revenue Code", the federal Internal Revenue Code of 1986, as

81 amended;

82   (10) "Mandatory contributions", the contributions required to be deducted from the

83 salary of each member who is not participating in DROP in accordance with section 86.320;

84   (11) "Medical board", the health care organization appointed by the trustees of the

85 police retirement board and responsible for arranging and passing upon all medical

86 examinations required under the provisions of sections 86.200 to 86.366, which shall

87 investigate all essential statements and certificates made by or on behalf of a member in

88 connection with an application for disability retirement and shall report in writing to the board

89 of trustees its conclusions and recommendations;

90   (12) "Member", a member of the retirement system as defined by sections 86.200 to

91 86.366;

92   (13) "Members' interest", interest on accumulated contributions at such rate as may be

93 set from time to time by the board of trustees;

94   (14) "Membership service", service as a policeman rendered since last becoming a

95 member, except in the case of a member who has served in the Armed Forces of the United

96 States and has subsequently been reinstated as a policeman, in which case "membership

97 service" means service as a policeman rendered since last becoming a member prior to

98 entering such armed service;

99   (15) "Plan year" or "limitation year", the twelve consecutive-month period beginning

100 each October first and ending each September thirtieth;

101  (16) "Policeman" or "police officer", any member of the police force of such cities

102 who holds a rank in such police force;
SS #2 SCS HB 147                               21

103        (17) "Prior service", all service as a policeman rendered prior to the date the system

104 becomes operative or prior to membership service which is creditable in accordance with the

105 provisions of sections 86.200 to 86.366;

106        (18) "Reserve officer", any member of the police reserve force of such cities, armed

107 or unarmed, who works less than full time, without compensation, and who, by his or her

108 assigned function or as implied by his or her uniform, performs duties associated with those

109 of a police officer and who currently receives a service retirement as provided by sections

110 86.200 to 86.366;

111        (19) "Retirement allowance", annual payments for life as provided by sections 86.200

112 to 86.366 which shall be payable in equal monthly installments or any benefits in lieu thereof

113 granted to a member upon termination of employment as a police officer and actual

114 retirement;

115        (20) "Retirement system", the police retirement system of the cities as defined in

116 sections 86.200 to 86.366;

117        (21) "Surviving spouse", the surviving spouse of a member who was the member's

118 spouse at the time of the member's death.

           87.140. 1. The general administration and the responsibility for the proper operation

2 of the retirement system shall be vested in a board of trustees of nine persons. The board shall

3 be constituted as follows:

4          (1) The chief of the fire department of the city, ex officio;

5          (2) The comptroller or deputy comptroller of the city, ex officio;

6          (3) Two members to be appointed by the mayor of the city to serve for a term of two

7 years;

8          (4) Three members to be elected by the members of the retirement system for a term

9 of three years who shall be members of the system and hold office only while members of the

10 system;

11         (5) Two members who shall be retired firemen to be elected by the retired firemen of

12 the city and who shall hold office for a term of three years.

13         2. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the

14 unexpired term in the same manner as the office was previously filled.

15         3. The trustees shall serve without compensation, but they shall be reimbursed from

16 the expense fund for all necessary expenses which they may incur through service on the

17 board.

18         4. Each trustee shall, within ten days after his appointment or election, take an oath of

19 office before the clerk of circuit court of the city, that, so far as it devolves upon him, he will

20 diligently and honestly administer the affairs of the board and that he will not knowingly

21 violate or willingly permit to be violated any of the provisions of the law applicable to the
SS #2 SCS HB 147             22

22 retirement system. The oath shall be subscribed to by the member making it and certified by

23 the clerk of circuit court and filed in his office.

24  5. Each trustee shall be entitled to one vote on the board. Five votes shall be

25 necessary for a decision by the trustees at any meeting of the board.

26  6. Notwithstanding any provision of sections 87.120 to 87.371 to the contrary, the

27 board of trustees of the retirement system shall not be prevented from simultaneously

28 acting as the trustees of any other pension plan that provides retirement, disability, and

29 death benefits for firefighters employed by any city not within a county and the

30 firefighters' covered dependents. The administration of the other pension plan shall be

31 in accordance with the terms of such pension plan. Nothing in this subsection shall

32 prevent the board of aldermen of a city not within a county from adopting ordinances to

33 govern the pensioning of firefighters and such firefighters' covered dependents in any

34 other pension plan simultaneously administered by the board of trustees of the

35 retirement system.

    87.145. The board of trustees shall have exclusive original jurisdiction in all matters

2 relating to or affecting the funds herein provided for, including, in addition to all other

3 matters, all claims for benefits and refunds under this law, and its action, decision or

4 determination in any matter shall be reviewable under chapter 536 only, and any party to the

5 proceedings shall have a right of appeal from the decision of the reviewing court. Subject to

6 the limitations of sections 87.120 to 87.370, the board of trustees shall, from time to time,

7 establish rules and regulations for the administration of funds created by this law, for the

8 transaction of its business, and for the limitation of the time within which claims may be filed.

9 The administration of any pension plan other than the retirement system includes the

10 ability of the board of trustees, from time to time, to establish rules and regulations for

11 the administration of funds of such other pension plan and for the transaction of such

12 other pension plan's business. Nothing in this section shall prevent the board of

13 aldermen of a city not within a county from adopting ordinances to govern the

14 pensioning of firefighters and such firefighters' covered dependents in any other pension

15 plan simultaneously administered by the board of trustees of the retirement system.

    87.155. 1. The board of trustees shall keep in convenient form such data as is

2 necessary for actuarial valuation of the funds of the retirement system and for checking the

3 experience of the system.

4   2. The board of trustees shall keep a record of all its proceedings which shall be open

5 to public inspection. It shall publish annually a report showing the fiscal transactions of the

6 retirement system for the preceding fiscal year, the amount of the accumulated cash and

7 securities of the system, and the last balance sheet showing the financial condition of the
SS #2 SCS HB 147                            23

8 system by means of an actuarial valuation of the assets and liabilities of the retirement

9 system.

10  3. To the extent the board of trustees administers a pension plan other than the

11 retirement system, the board of trustees shall maintain separate records of all

12 proceedings of such other pension plan.

    87.260. The board of trustees of the firefighters' retirement system shall have the

2 exclusive authority and discretion to invest and reinvest the funds in property of any kind, real

3 or personal. The board of trustees shall invest and manage the fund as a prudent investor

4 would, by considering the purposes, terms, distribution requirements, and other circumstances

5 of the firefighters' retirement system. In satisfying this standard, the board of trustees shall

6 exercise reasonable care, skill, and caution. No trustee shall have any interest as a trustee in

7 the gains or profits made on any investment, except benefits from interest in investments

8 common to all members of the plan, if entitled thereto. To the extent the board of trustees

9 administers a pension plan other than the retirement system, the board of trustees shall

10 also have the authority and discretion to invest and reinvest the funds of such other

11 pension plan in property of any kind, real or personal. The board of trustees may

12 choose to invest the funds of the retirement system and the funds of the other pension

13 plan in the same investments so long as the amounts invested and the gains, profits, or

14 losses on such investments are accounted for separately. No benefits due to the

15 firefighters or such firefighters' covered dependents from the other pension plan shall

16 be paid from the funds of the retirement system. Nothing in this section shall prevent

17 the board of aldermen of a city not within a county from adopting ordinances to govern

18 the pensioning of firefighters and such firefighters' covered dependents in any other

19 pension plan simultaneously administered by the board of trustees of the retirement

20 system.

    87.350. The expense fund shall be the fund to which shall be credited all money

2 provided to pay the administration expenses of the retirement system and from which shall be

3 paid all the expenses necessary in connection with the administration and operation of the

4 system. Annually the board of trustees shall estimate the amount of money necessary to be

5 paid into the expense fund during the ensuing year to provide for the expense of operation of

6 the retirement system. Such estimate shall be provided by the board of trustees from interest

7 and other earnings on assets of the retirement system. In no event shall any expenses,

8 including administrative expenses, incurred by the board of trustees in the

9 administration of any pension plan other than the retirement system or in the

10 investment of any funds of any pension plan other than the retirement system be paid

11 from the funds of the retirement system. Such expenses shall be paid entirely from the

12 funds of the other pension plan.
SS #2 SCS HB 147                               24

    105.688. The assets of a system may be invested, reinvested and managed by an

2 investment fiduciary subject to the terms, conditions and limitations provided in sections

3 105.687 to 105.689. An investment fiduciary shall discharge his or her duties in the interest

4 of the participants in the system and their beneficiaries and shall:

5   (1) Act with the same care, skill, prudence, and diligence under the circumstances

6 then prevailing that a prudent person acting in a similar capacity and familiar with those

7 matters would use in the conduct of a similar enterprise with similar aims;

8   (2) Act with due regard for the management, reputation, and stability of the issuer and

9 the character of the particular investments being considered;

10  (3) Make investments for the purposes of providing benefits to participants and

11 participants' beneficiaries, and of defraying reasonable expenses of investing the assets of the

12 system;

13  (4) Give appropriate consideration to those facts and circumstances that the

14 investment fiduciary knows or should know are relevant to the particular investment or

15 investment course of action involved, including the role of the investment or investment

16 course of action plays in that portion of the system's investments for which the investment

17 fiduciary has responsibility. For purposes of this subdivision, "appropriate consideration"

18 shall include, but is not necessarily limited to a determination by the investment fiduciary that

19 a particular investment or investment course of action is reasonably designed, as part of the

20 investments of the system, to further the purposes of the system, taking into consideration the

21 risk of loss and the opportunity for gain or other return associated with the investment or

22 investment course of action; and consideration of the following factors as they relate to the

23 investment or investment course of action:

24  (a) The diversification of the investments of the system;

25  (b) The liquidity and current return of the investments of the system relative to the

26 anticipated cash flow requirements of the system; and

27  (c) The projected return of the investments of the system relative to the funding

28 objectives of the system;

29  (5) Give appropriate consideration to investments which would enhance the general

30 welfare of this state and its citizens if those investments offer the safety and rate of return

31 comparable to other investments available to the investment fiduciary at the time the

32 investment decision is made;

33  (6) Not be prohibited from closing records to the extent that such records relate

34 to information submitted by an individual, corporation, or other business entity in

35 connection with investments in or financial transactions with business entities for

36 investment purposes;
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37  (7) Not consider environmental, social, or governance characteristics in a

38 manner that would override his or her fiduciary duties as defined in this section;

39  (8) Not be subject to any legislative, regulatory, or other mandates to invest with

40 environmentally, socially, or other noneconomically motivated influence unless they are

41 consistent with the fiduciary's responsibility as provided in this section or as provided in

42 the system's governing statutes with respect to the investment of system assets or other

43 duties imposed by law relating to the investment, management, deposit, or custody of

44 system assets; and

45  (9) Not be subject to any legislative, regulatory, or other mandates for

46 divestment from any indirect holdings in actively or passively managed investment

47 funds or in private assets.

    105.692. 1. All shares of common stock held directly by a system, as defined

2 under section 105.687, shall be voted solely in the economic interest of plan participants.

3 Voting shares for the purposes of furthering noneconomic environmental, social,

4 political, ideological, or other goals is prohibited.

5   2. A system shall vote all proxies associated with its directly held shares of

6 common stock by one of the following methods:

7   (1) By internal system staff; or

8   (2) By an investment manager or proxy voting service provider who has

9 committed in writing to vote the shares pursuant to proxy voting guidelines chosen by

10 the system or has committed in writing to vote the shares in a manner consistent with

11 the obligation to act solely in the economic interest of plan participants.

    105.693. 1. As used in this section, the following terms mean:

2   (1) "Board", the governing board or decision-making body of a system that is

3 authorized by law to administer the system;

4   (2) "Control":

5   (a) The same meaning as such term is defined in the Investment Company Act of

6 1940, 15 U.S.C. Section 80a–2(a); or

7   (b) Involvement in an entity's governance structure, monitoring, or internal

8 human resources decisions consistent with the objectives set out in the Opinion on

9 Strengthening the United Front Work of the Private Economy in the New Era issued by

10 the General Office of the Central Committee of the Chinese Communist Party (2020) or

11 a successor or similar document;

12  (3) "Divest", a sale, redemption, replacement, or any other activity that

13 terminates an investment;

14  (4) "Fund", the retirement benefit fund of a system;
SS #2 SCS HB 147                           26

15  (5) "Investment", any investment, as such term is defined in section 105.687,

16 that the board or system is authorized to make;

17  (6) "Person", an individual or entity;

18  (7) "Restricted entity", the following, including wholly-owned subsidiaries,

19 majority-owned subsidiaries, parent companies, and affiliates that exist for profit-

20 making purposes:

21  (a) Any person, other than a U.S. person, as the term "U.S. person" is defined in

22 15 CFR 772.1, that is identified for the People's Republic of China on the Entity List,

23 Supplement No. 4 to 15 CFR Part 744, as a person reasonably believed to be involved, or

24 to pose a significant risk of being or becoming involved, in activities contrary to the

25 national security or foreign policy interests of the United States until the End-User

26 Review Committee of the Bureau of Industry and Security in the United States

27 Department of Commerce determines that the person no longer meets that criteria and

28 removes the person from the list;

29  (b) Any person that:

30  a. The United States Secretary of Defense has listed as a Communist Chinese

31 military company operating directly or indirectly in the United States or in any of its

32 territories or possessions under Section 1237 of the Strom Thurmond National Defense

33 Authorization Act of Fiscal Year 1999, P.L. 105-261, as amended by Section 1233 of P.L.

34 106-398 and Section 1222 of P.L. 108-375, 50 U.S.C. Section 1701 note, until such time as

35 the United States Secretary of Defense removes the person from such list;

36  b. The United States Secretary of Defense, in consultation with the United States

37 Secretary of the Treasury, determines is a Communist Chinese military company

38 operating directly or indirectly in the United States or in any of its territories or

39 possessions and therefore lists as such under Section 1237 of the Strom Thurmond

40 National Defense Authorization Act of Fiscal Year 1999, P.L. 105-261, as amended by

41 Section 1233 of P.L. 106-398 and Section 1222 of P.L. 108-375, 50 U.S.C. Section 1701

42 note, until such time as the United States Secretary of Defense removes the person from

43 such list; or

44  c. The United States Secretary of the Treasury publicly lists as meeting the

45 criteria in Section 1237(b)(4)(B) of the Strom Thurmond National Defense

46 Authorization Act of Fiscal Year 1999, P.L. 105-261, as amended by Section 1222 of

47 P.L. 108-375, 50 U.S.C. Section 1701 note, or publicly lists as a subsidiary of a person

48 already determined to be a Communist Chinese military company, until the United

49 States Secretary of the Treasury determines that the person no longer meets that criteria

50 and removes the person from such list;
SS #2 SCS HB 147                         27

51  (c) Any organization or citizen that is identified by the appropriate government

52 agencies to be required by the National Intelligence Law of the People's Republic of

53 China (2017), as amended in 2018, or any successor to support, assist, and cooperate

54 with the state intelligence work of the People's Republic of China and keep the secrets of

55 the national intelligence work of the People's Republic of China; or

56  (d) Any person that is listed on the Specially Designated Nationals and Blocked

57 Persons List published by the Office of Foreign Assets Control of United States

58 Department of the Treasury;

59  (8) "Restricted investment product", an investment product that:

60  (a) Is managed by one or more persons:

61  a. That are not employed by the system; and

62  b. In which the system on behalf of the fund owns investments together with

63 investors other than the system; and

64  (b) Holds investments in a restricted entity;

65  (9) "System", any state or local public retirement system or plan established by

66 the state or any political subdivision or instrumentality of the state for the purpose of

67 providing plan benefits for elected or appointed public officials or employees of the state

68 or any political subdivision or instrumentality of the state.

69  2. After August 28, 2025, a system shall not knowingly invest in a restricted

70 entity or a restricted investment product and shall divest any investment that the system

71 has on behalf of a fund in accordance with this section.

72  3. Before December 1, 2025, and at least annually on or before December first of

73 each subsequent year, the board shall make a good faith effort to identify all restricted

74 entities and restricted investment products in which the system holds an investment.

75 The board may use an independent research firm to assist the board.

76  4. (1) If the board determines after a review under subsection 3 of this section

77 that the system has investments in a restricted entity or a restricted investment product,

78 the board shall establish a plan to divest the investment and complete the divestment as

79 soon as financially prudent. Except as provided in subdivision (2) of this subsection, the

80 investment shall be divested no later than August 28, 2026.

81  (2) The investment may be divested after August 28, 2026, but shall be divested

82 no later than August 28, 2028, if the board finds that the following conditions exist:

83  (a) The divestment of the investment by August 28, 2026, would result in the

84 system incurring aggregate transaction costs in excess of five hundred thousand dollars;

85  (b) The selling of global public equity interests would result in a loss on

86 secondary markets; or
SS #2 SCS HB 147                           28

87   (c) The divestment of the investment by August 28, 2026, would otherwise fail to

88 comply with federal or state law or other legal obligations.

89   5. Prior to divesting any commingled fund required by this section in which the

90 divestment would result in a realized loss, the staff of the system shall notify the board

91 and if, within two business days, a majority of the trustees of the board object, no

92 further action shall be taken until a special or regular meeting of the board.

93   6. The board shall determine whether to cease or defer divestment in the entity

94 or product initiated under this section and resume investment in the entity or product

95 during any period in which the entity or product has not returned to being a restricted

96 entity or restricted investment product if any of the following conditions are met:

97   (1) The entity or product meets or exceeds the rules and standards of the Public

98 Company Accounting Oversight Board and the Sarbanes-Oxley Act of 2002, P.L. 107-

99 204, 116 Stat. 745; or

100  (2) The board determines that a fund has holdings in a passively managed

101 commingled fund that includes a restricted entity and the estimated cost of divestment

102 of the commingled fund is greater than ten percent of the total value of the restricted

103 entities held in the commingled fund.

104  7. (1) On or before December 31, 2025, and annually on or before December

105 thirty-first of each subsequent year, the board shall submit a report to the general

106 assembly.

107  (2) The report shall include at least the following information, as of the date of

108 the report:

109  (a) A copy of the restricted entity list;

110  (b) All publicly traded securities sold, redeemed, divested, or withdrawn in

111 compliance with this section;

112  (c) All commingled funds that are exempted from divestment under subsection 5

113 or 6 of this section; and

114  (d) Any progress made under subsection 6 of this section.

115  8. With respect to actions taken in compliance with this section, including all

116 good faith determinations regarding restricted entities and restricted investment

117 products, the board and the system are exempt from any conflicting statutory or

118 common law obligations, including any obligations with respect to choice of asset

119 managers, investment fiduciaries, investment funds, or investments for fund investment

120 portfolios.

121  9. The state and any political subdivision of the state; its officers, agents, and

122 employees; and the board and employees of a system shall be immune from civil liability

123 for any act or omission related to the removal of an asset from a fund under this section
SS #2 SCS HB 147                 29

124 and are entitled to indemnification from the system for all losses, costs, and expenses,

125 including reasonable attorney's fees, associated with defending against any claim or suit

126 relating to an act authorized under this section.

127  10. (1) Notwithstanding any provision of law to the contrary, the provisions of

128 this section do not apply to investments in private market funds.

129  (2) Notwithstanding any provision of law to the contrary, the provisions of this

130 section do not apply to indirect holdings in actively managed investment funds.

131  (3) If a manager or investment fiduciary creates a similar actively managed

132 investment fund without the restricted entities, the board shall replace all applicable

133 investments with the investments in the similar actively managed investment fund

134 within a period consistent with prudent investing standards.

     169.450. 1. The general administration and responsibility for the proper operation of

2 the retirement system and for making effective the provisions of sections 169.410 to 169.540

3 are hereby vested in a board of trustees of [eleven] thirteen persons, as follows:

4    (1) Four trustees to be appointed for terms of four years by the board of education;

5 provided, however, that their terms shall be fixed so the terms of one of the trustees so

6 appointed shall expire each year. The members of such board of trustees appointed by the

7 board of education may be members of the board of education or other individuals deemed

8 qualified to hold such positions by the board of education;

9    (2) Four trustees to be elected for terms of four years by and from the active members

10 of the retirement system who shall hold office as trustees only while active members;

11 provided, however, that their terms shall be fixed so that the terms of one of the trustees so

12 elected shall expire each year; and provided further, that not more than two of such persons

13 shall be teachers and two shall be nonteachers. For the purposes of this subsection, a school

14 administrator shall not be eligible for the positions established pursuant to this subdivision

15 and shall be eligible for the position established pursuant to subdivision (4) of this subsection;

16   (3) Two trustees, who shall be retired members, to be elected for terms of four years

17 by and from the retired members of the retirement system; provided, however, that the terms

18 of office of the first two trustees so elected shall begin immediately upon their election and

19 shall expire two and four years from the date of their election, respectively; and provided

20 further, that not more than one of such persons shall be a teacher and one shall be a

21 nonteacher;

22   (4) One member, who shall be a school administrator, to be elected for a term of four

23 years by and from the active members of the retirement system who shall hold office as a

24 trustee only while an active member; except that, the initial term of office of such trustee shall

25 expire on December 31, 1999;
SS #2 SCS HB 147                              30

26  (5) Two trustees to be appointed for terms of four years by the Missouri Public

27 Charter School Association; provided, however, that the terms of office of the first two

28 trustees so elected shall begin immediately upon their election and shall expire two and

29 four years from the date of their election, respectively. The members of such board of

30 trustees appointed by the Missouri Public Charter School Association shall have

31 experience or qualifications relevant to public charter schools and the retirement

32 system, and at least one such member shall be a teacher. The appointment of the

33 trustees shall be subject to the same rules and regulations applicable to other trustees,

34 including, but not limited to, taking an oath of office as provided in subsection 5 of this

35 section.

36  2. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the

37 unexpired term in the same manner as the office was previously filled. No vacancy or

38 vacancies on the board of trustees shall impair the power of the remaining trustees to

39 administer the retirement system pending the filling of such vacancies.

40  3. In the event of a lapse of a school district's corporate organization as described in

41 subsections 1 and 4 of section 162.081, or for any other reason, the general administration and

42 the responsibility for the proper operation of the retirement system shall continue to be fully

43 vested in the trustees then currently serving and such trustees shall continue to serve and be

44 elected in the same manner as set forth in this statute as if no lapse had occurred, except that

45 in the event of vacancies occurring in the office of trustees appointed by the board of

46 education prior to the lapse, the board of trustees shall appoint a qualified person or persons to

47 fill such vacancy or vacancies for terms of up to four years.

48  4. Trustees shall serve without compensation, and any trustee shall be reimbursed

49 from the expense fund for all necessary expenses which the trustee may incur through service

50 on the board of trustees.

51  5. Each trustee shall, within ten days after such trustee's appointment or election, take

52 an oath of office before the clerk of the circuit court of the judicial circuit in which the school

53 district is located that, so far as it devolves upon the trustee, the trustee will diligently and

54 honestly administer the affairs of the board of trustees and that the trustee will not knowingly

55 violate or willingly permit to be violated any of the provisions of the law applicable to the

56 retirement system. Such oath shall be subscribed to by the trustee making it and filed in the

57 office of the clerk of the circuit court.

58  6. The circuit court of the judicial circuit in which the school district is located shall

59 have jurisdiction over the members of the board of trustees to require them to account for

60 their official conduct in the management and disposition of the funds and property committed

61 to their charge; to order, decree and compel payment by them to the public school retirement

62 system of their school district of all sums of money, and of the value of all property which
SS #2 SCS HB 147                  31

63 may have been improperly retained by them, or transferred to others, or which may have been

64 lost or wasted by any violation of their duties or abuse of their powers as such members of

65 such board; to remove any such member upon proof that the trustee has abused the trustee's

66 trust or has violated the duties of the trustee's office; to restrain and prevent any alienation or

67 disposition of property of such public school retirement system by the members, in cases

68 where it may be threatened, or there is good reason to apprehend that it is intended to be made

69 in fraud of the rights and interests of such public school retirement system. The jurisdiction

70 conferred by sections 169.410 to 169.540 shall be exercised as in ordinary cases upon

71 petition, filed by the board of education of such school district, or by any two members of the

72 board of trustees. Such petition shall be heard in a summary manner after ten days' notice in

73 writing to the member complained of, and an appeal shall lie from the judgment of the circuit

74 court as in other causes and be speedily determined, but such appeal shall not operate under

75 any condition as a supersedeas of a judgment of removal from office.

76  7. Each trustee shall be entitled to one vote in the board of trustees. Six votes shall be

77 necessary for a decision by the trustees at any meeting of the board of trustees.

78  8. Subject to the limitations of sections 169.410 to 169.540, the board of trustees

79 shall, from time to time, establish rules and regulations for the administration of the

80 retirement system, for eligibility for and determination of benefits under the retirement

81 system, for the investment of retirement system assets, and for the transaction of the

82 retirement system's business.

83  9. The board of trustees shall elect from its membership a chairman and shall, by

84 majority vote of its members, appoint a secretary, who may be, but need not be, one of its

85 members. It shall engage such actuarial and other services as shall be required to transact the

86 business of the retirement system. It shall also engage an investment counselor who shall be

87 experienced in the investment of moneys to advise the trustees on investments of the

88 retirement system. The compensation of all persons engaged by the board of trustees and all

89 other expenses of the board necessary for the operation of the retirement system shall be paid

90 at such rates and in such amounts as the board of trustees shall approve.

91  10. The board of trustees shall keep in convenient form such data as shall be

92 necessary for actuarial valuations of the assets of the retirement system and for checking the

93 experience of the system.

94  11. The board of trustees shall keep a record of all its proceedings which shall be

95 open to public inspection. It shall prepare annually and send to the board of education and to

96 each member of the retirement system a report showing the fiscal transactions of the

97 retirement system for the preceding fiscal year, a detailed listing of all salaries and

98 expenditures incurred by the trustees for its operation, the amount of the accumulated cash

99 and securities of the system, and the last balance sheet showing the financial condition of the
SS #2 SCS HB 147            32

100 system by means of an actuarial valuation of the assets and liabilities of the retirement

101 system. The board of trustees shall also prepare or cause to be prepared an annual report

102 concerning the operation of the retirement system herein provided for, which report shall be

103 sent by the chairman of the board of trustees to the board of education.

104  12. The board of trustees shall arrange for necessary legal advice for the operation of

105 the retirement system.

106  13. The board of trustees shall designate a medical board to be composed of three

107 physicians, none of whom shall be eligible for benefits pursuant to sections 169.410 to

108 169.540, who shall arrange for and pass upon all medical examinations required pursuant to

109 the provisions of sections 169.410 to 169.540, shall investigate all essential statements and

110 certificates made by or on behalf of a member in connection with an application for disability

111 retirement and shall report in writing to the board of trustees its conclusions and

112 recommendations upon all matters referred to it.

113  14. The actuary shall be the technical adviser of the board of trustees on matters

114 regarding the operation of the system created by sections 169.410 to 169.540 and shall

115 perform such other duties as are required in connection therewith. Such person shall be

116 qualified as an actuary by membership as a fellow in the Society of Actuaries or by objective

117 standards which are no less stringent than those established by the Society of Actuaries.

118  15. At least once in each five-year period the actuary shall make an investigation into

119 the actuarial experience of the retirement system, and taking into account the results of such

120 investigation of the experience, the board of trustees shall adopt for the retirement system

121 such actuarial assumptions as shall be deemed necessary.

122  16. On the basis of such actuarial assumptions as the board of trustees shall adopt, the

123 actuary shall make an annual valuation of the assets and liabilities of the funds of the

124 retirement system.

125  17. On the basis of the valuation the board of trustees shall certify the rates of

126 contribution payable by the board of education.

     169.490. 1. All the assets of the retirement system shall be held as one fund.

2    2. (1) For any member hired before January 1, 2018, the employing board shall cause

3 to be deducted from the compensation of each member at every payroll period five percent of

4 his or her compensation.

5    (2) Beginning January 1, 2018, the percentage in subdivision (1) of this subsection

6 shall increase one-half of one percent annually until such time as the percentage equals nine

7 percent.

8    (3) For any member hired for the first time on or after January 1, 2018, the employing

9 board shall cause to be deducted from the compensation of each member at every payroll

10 period nine percent of such member's compensation.
SS #2 SCS HB 147                 33

11       (4) The amounts so deducted shall be transferred to the board of trustees and credited

12 to the individual account of each member from whose compensation the deduction was made.

13 In determining the amount earnable by a member in any payroll period, the board of trustees

14 may consider the rate of earnable compensation payable to such member on the first day of

15 the payroll period as continuing throughout such payroll period; it may omit deduction from

16 compensation for any period less than a full payroll period if the employee was not a member

17 on the first day of the payroll period; and to facilitate the making of the deductions, it may

18 modify the deduction required of any member by such amount as shall not exceed one-tenth

19 of one percent of the compensation upon the basis of which such deduction was made.

20       (5) The deductions provided for herein are declared to be a part of the salary of the

21 member and the making of such deductions shall constitute payments by the member out of

22 his or her salary or earnings and such deductions shall be made notwithstanding that the

23 minimum compensation provided by law for any member shall be reduced thereby. Every

24 member shall be deemed to consent to the deductions made and provided for herein, and shall

25 receipt for his or her full salary or compensation, and the making of said deductions and the

26 payment of salary or compensation less said deduction shall be a full and complete discharge

27 and acquittance of all claims and demands whatsoever for services rendered during the period

28 covered by the payment except as to benefits provided by sections 169.410 to 169.540.

29       (6) The employing board may elect to pay member contributions required by this

30 section as an employer pick up of employee contributions under Section 414(h)(2) of the

31 Internal Revenue Code of 1986, as amended, and such contributions picked up by the

32 employing board shall be treated as contributions made by members for all purposes of

33 sections 169.410 to 169.540.

34       3. If a retired member receiving a pension pursuant to sections 169.410 to 169.540 is

35 restored to active service and again becomes an active member of the retirement system, there

36 shall be credited to his or her individual account an amount equal to the excess, if any, of his

37 or her accumulated contributions at retirement over the total pension benefits paid to him or

38 her.

39       4. [Annually, the actuary for the retirement system shall calculate each employer's

40 contribution as an amount equal to a certain percentage of the total compensation of all

41 members employed by that employer. The percentage shall be fixed on the basis of the

42 liabilities of the retirement system as shown by the annual actuarial valuation. The annual

43 actuarial valuation shall be made on the basis of such actuarial assumptions and the actuarial

44 cost method adopted by the board of trustees, provided that the actuarial cost method adopted

45 shall be in accordance with generally accepted actuarial standards and that the unfunded

46 actuarial accrued liability, if any, shall be amortized by level annual payments over a period
SS #2 SCS HB 147               34

47 not to exceed thirty years. The provisions of this subsection shall expire on December 31,

48 2017; thereafter subsection 5 of this section shall apply.

49         5.] For calendar year 2018, the rate of contribution payable by each employer shall

50 equal sixteen percent of the total compensation of all members employed by that employer.

51 For each calendar year thereafter, the percentage rate of contribution payable by each

52 employer of the total compensation of all members employed by that employer shall decrease

53 one-half of one percent annually until calendar year [2032] 2025 when the rate of contribution

54 payable by each employer shall equal [nine] twelve and one-half percent of the total

55 compensation of all members employed by that employer. For [subsequent] calendar [years]

56 year 2026 and each calendar year after [2032] 2026, the rate of contribution payable by

57 each employer shall equal [nine] fourteen percent of the total compensation of all members

58 employed by that employer.

59         [6.] 5. The expense and contingency reserve shall be a reserve for investment

60 contingencies and estimated expenses of administration of the retirement system as

61 determined annually by the board of trustees.

62         [7.] 6. Gifts, devises, bequests and legacies may be accepted by the board of trustees

63 to be held and invested as a part of the assets of the retirement system and shall not be

64 separately accounted for except where specific direction for the use of a gift is made by a

65 donor.

           488.435. 1. Sheriffs shall receive a charge, as provided in section 57.280, for service

2 of any summons, writ or other order of court, in connection with any civil case, and making

3 on the same either a return indicating service, a non est return or a nulla bona return, the sum

4 of twenty dollars for each item to be served, as provided in section 57.280, except that a

5 sheriff shall receive a charge for service of any subpoena, and making a return on the same,

6 the sum of ten dollars, as provided in section 57.280; however, no such charge shall be

7 collected in any proceeding when court costs are to be paid by the state, county or

8 municipality. In addition to such charge, the sheriff shall be entitled, as provided in section

9 57.280, to receive for each mile actually traveled in serving any summons, writ, subpoena or

10 other order of court, the rate prescribed by the Internal Revenue Service for all allowable

11 expenses for motor vehicle use expressed as an amount per mile, provided that such mileage

12 shall not be charged for more than one subpoena or summons or other writ served in the same

13 cause on the same trip. All of such charges shall be received by the sheriff who is requested

14 to perform the service. Except as otherwise provided by law, all charges made pursuant to

15 section 57.280 shall be collected by the court clerk as court costs and are payable prior to the

16 time the service is rendered; provided that if the amount of such charge cannot be readily

17 determined, then the sheriff shall receive a deposit based upon the likely amount of such

18 charge, and the balance of such charge shall be payable immediately upon ascertainment of
SS #2 SCS HB 147          35

19 the proper amount of such charge. A sheriff may refuse to perform any service in any action

20 or proceeding, other than when court costs are waived as provided by law, until the charge

21 provided by this section is paid. Failure to receive the charge shall not affect the validity of

22 the service.

23          2. The sheriff shall, as provided in section 57.280, receive for receiving and paying

24 moneys on execution or other process, where lands or goods have been levied and advertised

25 and sold, five percent on five hundred dollars and four percent on all sums above five hundred

26 dollars, and half of these sums, when the money is paid to the sheriff without a levy, or where

27 the lands or goods levied on shall not be sold and the money is paid to the sheriff or person

28 entitled thereto, his or her agent or attorney. The party at whose application any writ,

29 execution, subpoena or other process has issued from the court shall pay the sheriff's costs, as

30 provided in section 57.280, for the removal, transportation, storage, safekeeping and support

31 of any property to be seized pursuant to legal process before such seizure. The sheriff shall be

32 allowed for each mile, as provided in section 57.280, going and returning from the courthouse

33 of the county in which he or she resides to the place where the court is held, the rate

34 prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use

35 expressed as an amount per mile. The provisions of this subsection shall not apply to

36 garnishment proceeds.

37          3. As provided in subsection 4 of section 57.280, [the sheriff shall receive ten dollars]

38 for service of any summons, writ, subpoena, or other order of the court included under

39 subsection 1 of section 57.280, in addition to the charge for such service that each sheriff

40 receives under subsection 1 of section 57.280, the sheriff of any county of the first, second,

41 or fourth classification or with a charter form of government shall receive twenty

42 dollars and the sheriff of any county of the third classification shall receive fifteen

43 dollars. The money received by the sheriff under subsection 4 of section 57.280 shall be paid

44 into the county treasury and the county treasurer shall make such money payable to the state

45 treasurer. As provided in subdivision (2) or (3) of subsection 4 of section 57.280, the state

46 treasurer shall deposit such moneys in the deputy sheriff salary supplementation fund created

47 under section 57.278 or the sheriffs' retirement fund created under section 57.952.

48          4. As provided in subsection 5 of section 57.280, the court clerk shall collect ten

49 dollars as a court cost for service of any summons, writ, subpoena, or other order of the court

50 included under subsection 1 of this section if any person other than a sheriff is specially

51 appointed to serve in a county that receives funds under section 57.278. The moneys received

52 by the clerk under this subsection shall be paid into the county treasury and the county

53 treasurer shall make such moneys payable to the state treasurer. The state treasurer shall

54 deposit such moneys in the deputy sheriff salary supplementation fund created under section

55 57.278.
SS #2 SCS HB 147                    36

    [57.955. 1. There shall be assessed and collected a surcharge of three

2   dollars in all civil actions filed in the courts of this state and in all criminal

3   cases including violation of any county ordinance or any violation of criminal

4   or traffic laws of this state, including infractions, but no such surcharge shall

5   be assessed when the costs are waived or are to be paid by the state, county or

6   municipality or when a criminal proceeding or the defendant has been

7   dismissed by the court. For purposes of this section, the term "county

8   ordinance" shall not include any ordinance of the city of St. Louis. The clerk

9   responsible for collecting court costs in civil and criminal cases, shall collect

10  and disburse such amounts as provided by sections 488.010 to 488.020. Such

11  funds shall be payable to the sheriffs' retirement fund. Moneys credited to the

12  sheriffs' retirement fund shall be used only for the purposes provided for in

13  sections 57.949 to 57.997 and for no other purpose.

14  2. The board may accept gifts, donations, grants and bequests from

15  public or private sources to the sheriffs' retirement fund.]

    [57.962. Other provisions of law to the contrary notwithstanding, any

2   county or city not within a county who has elected or elects in the future to

3   come under the provisions of sections 57.949 to 57.997 shall, after August 28,

4   2002, or on the date that such election is approved by the board of directors of

5   the retirement system, whichever later occurs, be subject to the provisions of

6   section 57.955.]

    [483.088. Each circuit clerk shall prepare a summary of all amounts

2   collected pursuant to section 57.955 during the preceding calendar year and

3   shall annually, by July first of the succeeding year, send a copy of such

4   summary to the state auditor.]

    [488.024. As provided by section 57.955, there shall be assessed and

2   collected a surcharge of three dollars in all civil actions filed in the courts of

3   this state and in all criminal cases including violation of any county ordinance

4   or any violation of criminal or traffic laws of this state, including infractions,

5   but no such surcharge shall be assessed when the costs are waived or are to be

6   paid by the state, county or municipality or when a criminal proceeding or the

7   defendant has been dismissed by the court. For purposes of this section, the

8   term "county ordinance" shall not include any ordinance of the City of St.

9   Louis. The clerk responsible for collecting court costs in civil and criminal

10  cases shall collect and disburse such amounts as provided by sections 488.010

11  to 488.020. Such funds shall be payable to the sheriffs' retirement fund.]

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