Mo. Code Regs. tit. 16 § 10-4.020
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 16 CSR 10-4.020 - Prior Service CreditPURPOSE: This rule sets forth the procedures for qualifying prior service credit as provided in section 169.050, RSMo.
(1) On a form supplied by the board of trustees, each member claiming prior service credit shall file with the board of trustees a statement of all services performed by him/her in the public schools of Missouri prior to July 1, 1946, and services rendered outside of this state prior to July 1, 1946, for which credit is claimed, and the services shall be listed separately by years.(2) All claims for prior service credit by members for services in Missouri, but not to exceed thirty (30) years, shall be verified by any of the following records: a statement from a school or county official having custody of the records; when no official records are existent for service claimed, verification of services may be made by affidavits from not fewer than two (2) persons having firsthand knowledge of the service, preferably persons who served with the individual or who were members of the board of directors of the district at the time; submission to the board of trustees by the teacher of the original duly executed teacher's contract made at the time of the service, with a sworn statement as to the fulfillment of the contract (see 16 CSR 10-6.050(1)-(4) for the nonteacher system).(3) The member shall be responsible for the verification of the service outside of this state for which credit is claimed and the verification shall be made in the following manner: by means of affidavits completed with information obtained from school records by the custodian of the records; by means of affidavits completed with information obtained from the records of a retirement system; when no records are existent from which a verification of the claimed service can be obtained, by means of affidavits completed by two (2) or more persons having a first-hand knowledge of the service or by submission of the original duly executed teacher's contract made at the time of the service and with a sworn statement as to the fulfillment of the contract.(4) In determining prior service credit, the minimum time for which credit for one (1) year's service shall be granted shall be as follows:(A) Services rendered prior to July 1, 1909 shall be based on the legal school term of six (6) months or one hundred twenty (120) days, and service in any one (1) school year of five (5) months or one hundred (100) school days shall be counted as one (1) year of service;(B) Services subsequent to June 30, 1909 shall be based on the legal school term of eight (8) months or one hundred sixty (160) days, and services in any one (1) school year of seven (7) months or one hundred forty (140) days shall be counted as one (1) year of service;(C) Instances not covered under subsection (4)(A) or (B) of this rule shall be determined by the board of trustees upon the facts of each case;(D) Service in excess of the minimum number of school days in any one (1) school year, as set forth in this rule, shall not count toward prior service credit in any other school year; and(E) Prior service credit for time served in the Kansas City or St. Louis schools will be allowed members who are not and will not be eligible for benefits in their systems. Section (4) applies only to the teacher system. (5) After reviewing all evidence submitted in claim for prior service credit and after satisfactory proof of date of birth has been received, the board of trustees shall issue to each member a statement of prior service credit allowed.(6) If, at any time, an error should be found in the establishment of the prior service record of a member, the board of trustees shall have the power to correct this mistake and to adjust any benefits which may be affected.(7) To qualify for prior service credit under the original Public School Retirement Act, full-time service shall mean employment for not less than seven (7) months of the 1945-46 or 1946-47 school year, provided, that in the case of a member who has been a full-time employee as defined by the board of trustees for the three (3) years immediately preceding, who was employed for full-time service in 1945-46, but who, because of disability, served for less than the full seven (7) months in 1945-46, the member shall qualify for prior service credit. This section of this rule applies only to the teacher system.(8) To qualify to receive prior service credit for services as a teacher outside of this state before July 1, 1946, the member must have service credit in our system for services after August 29, 1953, which will be at least equal to the length of time for which both prior service credit and membership service credit is claimed for services outside of this state. This section of this rule applies only to the teacher system.(9) Prior service credit shall not be allowed for services out of Missouri before July 1, 1946, for which a member is receiving or is eligible to receive retirement credit or benefits in another teacher retirement system. This section of this rule applies only to the teacher system. AUTHORITY: section 169.020, RSMo Supp. 1990.* Original rule filed Dec. 19, 1975, effective Jan. 1, 1976. *Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990.