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 is amending Section (1) and (6).
PURPOSE: This amendment is to clarify the first day a member may file an application for service retirement and when the filed application becomes void and to extend the end date to 2030 for retired teachers to substitute teach on a part-time or temporary substitute basis without a discontinuance of their retirement allowance as provided in House Bill Nos. 296 and 438 , 103rd General Assembly (2025) and to clarify when retired teachers are allowed to do this substitute teaching.
(1) A member qualifying for service retirement shall file a written application with the board of trustees on a form provided by the board before s/he can become eligible to receive retirement allowance payments. The application for service retirement must be filed no earlier than one year (12 months) before the effective retirement date of the member. An incomplete application is void after 6 months of being filed with the board of trustees.
(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.
(C) Effective July 1, 2022, and until June 30, [2025] 2030, pursuant to section 168.036.6, RSMo, and notwithstanding any other provisions to the contrary, any person retired and currently receiving a retirement benefit under sections 169.010 to 169.141, RSMo, other than for disability, may be employed to substitute teach on a part-time or temporary substitute basis by an employer included in the retirement system and for such work may exceed five hundred fifty (550) hours in any one (1) school year and may earn an amount in excess of the compensation limit set forth in subsection (6)(A) of this rule and section 169.560, RSMo, without a discontinuance of the retiree’s retirement allowance. This section shall also apply to work performed by PSRS retirees, other than disability retirees, who are employed to substitute teach by third parties or as independent contractors for employers included in the retirement system. For purposes of administering this section as applicable to PSRS retirees, to substitute teach shall mean to instruct or guide the studies of students in a teaching position which requires a DESE-issued certificate in place of a regularly employed teacher who is temporarily unavailable. For community colleges, to substitute teach shall mean to instruct or guide the studies of students in a teaching position certified by the executive officer of the institution pursuant to section 169.140, RSMo, in place of a regularly employed teacher who is temporarily unavailable. [A regularly employed teacher is considered temporarily unavailable when the teacher’s position is unfilled due to the absence of the regular or former teacher for twelve (12) months or less. ]
AUTHORITY: section 169.020, RSMo Supp. 2024.* Original rule filed Dec. 19, 1975, effective Jan. 1, 1976. Amended: Filed June 10, 1980, effective Sept. 15, 1980. Emergency amendment filed Sept. 10, 1987, effective Sept. 20, 1987, expired Jan. 18, 1988. Amended: Filed Sept. 10, 1987, effective Jan. 29, 1988. Emergency amendment filed Dec. 29, 1987, effective Jan. 8, 1988, expired April 27, 1988. Amended: Filed Dec. 29, 1987, effective May 26, 1988. Emergency amendment filed Aug. 24, 1988, effective Sept. 3, 1988, expired Jan. 1, 1989. Amended: Filed Aug. 24, 1988, effective Dec. 29, 1988. Emergency amendment filed Dec. 20, 1989, effective Dec. 30, 1989, expired April 29, 1990. Amended: Filed Dec. 20, 1989, effective April 12, 1990. Amended: Filed Nov. 8, 1991, effective March 9, 1992. Amended: Filed April 29, 1993, effective July 1, 1994. Amended: Filed June 28, 1993, effective Dec. 9, 1993. Amended: Filed Oct. 29, 1993, effective May 9, 1994. Amended: Filed July 31, 1995, effective Feb. 25, 1996. Amended: Filed Feb. 26, 1996, effective Aug. 30, 1996. Amended: Filed Aug. 9, 1999, effective Feb. 29, 2000. Amended: Filed Aug. 29, 2003, effective Feb. 29, 2004. Amended: Filed Nov. 1, 2006, effective April 30, 2007. Amended: Filed Jan. 4, 2010, effective July 1, 2010. Amended: Filed July 20, 2010, effective Jan. 30, 2011. Amended: Filed July 2, 2012, effective Dec. 30, 2012. Amended: Filed June 24, 2013, effective Jan. 30, 2014. Amended: Filed Dec. 9, 2014, effective June 30, 2015. Amended: Filed April 14, 2015, effective Oct. 30, 2015. Amended: Filed Sept. 6, 2017, effective March 30, 2018. Amended: Filed Jan. 4, 2019, effective July 30, 2019. Amended: Filed Sept. 23, 2019, effective March 30, 2020. ** Amended: Filed July 19, 2022, effective Jan. 30, 2023. Amended: Filed Feb. 1, 2024, effective Aug. 30, 2024. Amended: Filed Oct. 2, 2024, effective April 30, 2025. Amended: Filed February 2, 2026.
*Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998, 2005, 2009, 2013, 2020.
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.