16 CSR 10-5.010 Service Retirement
Title 16—RETIREMENT SYSTEMS
Division 10—The Public School Retirement System of Missouri
Chapter 5—Retirement, Options and Benefits
PROPOSED AMENDMENT
16 CSR 10-5.010 Service Retirement. The Public School Retirement System proposes to amend section (2), subsection (6)(D), and section (18).
PURPOSE: This amendment clarifies procedures for completing an application to claim service retirement benefits and revises the restrictions on employment as provided in sections 169.560 and 169.596, RSMo, by increasing the earnings limit for Public School Retirement System retirees working in noncertificated positions; exempting retirees who are employed by a statewide nonprofit educational association or organization, as defined under 169.130, RSMo, from certain earnings limits; and expanding the amount of time retirees are allowed to work full-time if there is a critical shortage of certified teachers in a school district.
(2) The earliest date on which service retirement may become effective is the first day of the calendar month following the calendar month in which the services of the member are terminated, or the first day of the calendar month following the filing of the Application for Service Retirement, whichever is later; except that the earliest date on which service retirement may become effective for a member retiring after receiving credit for a year of membership service shall be July 1, the first day of the fiscal year following the termination of services. The member must complete any changes to the application by the close of business on the day the member’s first monthly benefit is paid by the Public School Retirement System of Missouri. Termination from employment covered by the retirement system prior to the effective date of retirement is required to be eligible for a retirement benefit. A member shall not be deemed to have terminated employment if the member is employed in any capacity by an employer covered by the retirement system within one (1) month after his or her effective date of retirement. Effective July 1, 2016, a member shall not be deemed to have terminated employment if, prior to receipt of his or her first benefit payment, the member reaches an agreement, whether written or unwritten, for future employment in any capacity by an employer covered by the retirement system. The member shall be required to repay any benefit payments paid if it is determined that the member did not terminate employment covered by the retirement system.
(6) Part-time employment is any employment which is less than full-time. Temporary-substitute employment is any employment either in a position held by a regularly employed person who is temporarily absent or in a position which is temporarily vacant.
(D) A retiree receiving a retirement benefit, other than a disability benefit, from PSRS may be employed by an employer included in that system in [any position that normally does not require a person employed in that position to be duly certified by the Department of Elementary and Secondary Education and through such employment may earn during the school year not more than sixty percent (60%) of the minimum teacher’s salary for a teacher without a master’s degree as set forth in section 163.172, RSMo, without a discontinuance of the retiree’s retirement allowance.] a position that does not normally require a person employed in that position to be duly certificated by the Department of Elementary and Secondary Education and through such employment may earn, beginning on August 28, 2023, and ending on June 30, 2028, up to one hundred and thirty-three percent (133%) of the annual earnings exemption amount applicable to a Social Security recipient before the calendar year of attainment of full retirement age under 20 CFR section 404.430, and after June 30, 2028, up to the annual earnings exemption amount applicable to a Social Security recipient before the calendar year of attainment of full retirement age under 20 CFR section 404.430, without a discontinuance of the retiree’s retirement allowance. The Social Security annual earnings exemption amount applied shall be the exemption amount in effect for the calendar year in which the school year begins. The employer shall contribute to the Public Education Employee Retirement System of Missouri (PEERS) at the rate set for that system on all salary as defined in section 169.010, RSMo, and 16 CSR 10-3.010(9) of the person so employed. Such employee shall not contribute on such earnings and shall earn no service credit in either system for such employment. If such employment exceeds the limitation on compensation, the retiree’s retirement benefit from PSRS shall cease until the employment terminates or a new school year begins, and such person shall become a member of and contribute to any retirement system described in this subsection if the person satisfies the retirement system’s membership eligibility requirements. A PSRS retiree who meets PSRS eligibility requirements after exceeding the limits set forth above shall not be eligible to elect membership in PEERS under section 169.712, RSMo. The provisions of this subsection shall not apply to positions held by a PSRS retiree employed by a community college included in the system, or an employer under section 169.130.4, RSMo.
(18) Pursuant to section 169.596, RSMo, a person receiving a retirement benefit from the Public School Retirement System of Missouri (PSRS) may teach up to full-time for no more than [twenty-four (24)] forty-eight (48) months for a PSRS-covered school district without a suspension of his or her retirement benefit provided that such school district certifies that it has met the requirements set forth in section 169.596, RSMo, and provided that such school district does not exceed the limit on the number of PSRS retirees that may be hired pursuant to section 169.596, RSMo.
AUTHORITY: section 169.020, RSMo Supp. 2023.* Original rule filed Dec. 19, 1975, effective Jan. 1, 1976. For intervening history, please consult the Code of State Regulations. Amended: Filed February 1, 2024.
*Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998, 2005, 2009, 2013, 2020.
**Pursuant to Executive Order 21-09, 16 CSR 10-5.010, subsections (6)(A), (6)(C), and (6)(E) was suspended from August 7, 2020 through December 31, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Mike Moorefield, MMoorefield@psrsmo.org P.O Box 268, Jefferson City, MO 65101. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.