86.1500. Military service, effect on creditable service--election to purchase creditable service, when--service credit for military service, when.
Military service, effect on creditable service--election to purchasecreditable service, when--service credit for military service,when.
86.1500. 1. Whenever a member is given a leave of absence formilitary service and returns to employment after discharge from theservice, such member shall be entitled to creditable service for the yearsof employment prior to the leave of absence.
2. Except as provided in subsection 3 of this section, a member whoserved on active duty in the armed forces of the United States and whobecame a member, or returned to membership, after discharge under honorableconditions, may elect prior to retirement to purchase creditable serviceequivalent to such service in the armed forces, not to exceed two years,provided the member is not receiving and is not eligible to receiveretirement credits or benefits from any other public or private retirementplan for the service to be purchased, other than a United States militaryservice retirement system or United States Social Security benefitsattributable to such military service, and an affidavit so stating is filedby the member with the retirement system. A member electing to make suchpurchase shall pay to the retirement system an amount equal to theactuarial value of the additional benefits attributable to the additionalservice credit to be purchased, as of the date the member elects to makesuch purchase. The retirement system shall determine such value usingaccepted actuarial methods and the same assumptions with respect tointerest rates, mortality, future salary increases, and all related factorsused in performing the most recent regular actuarial valuation of theretirement system. Payment in full of the amount due from a memberelecting to purchase creditable service under this subsection shall be madeover a period not to exceed five years, measured from the date of election,or prior to the commencement date for payment of benefits to the memberfrom the retirement system, whichever is earlier, including interest onunpaid balances compounded annually at the interest rate assumed from timeto time for actuarial valuations of the retirement system. If payment infull including interest is not made within the prescribed period, anypartial payments made by the member shall be refunded, and no creditableservice attributable to such election, or as a result of any such partialpayments, shall be allowed; provided that if a benefit commencement dateoccurs because of the death or disability of a member who has made anelection under this subsection and if the member is current in paymentsunder an approved installment plan at the time of the death or disability,such election shall be valid if the member, the surviving spouse or otherperson entitled to benefit payments pays the entire balance of theremaining amount due, including interest to the date of such payment,within sixty days after the member's death or disability. The time of adisability shall be deemed to be the time when such member is determined bythe retirement board to be totally and permanently disabled as provided insection 86.1560.
3. Notwithstanding any other provision of sections 86.1310 to86.1640, a member who is on leave of absence for military service duringany portion of which leave the United States is in a state of declared war,or a compulsory draft is in effect for any of the military branches of theUnited States, or any units of the military reserves of the United States,including the National Guard, are mobilized for combat military operations,and who becomes entitled to reemployment rights and other employmentbenefits under Title 38, Chapter 43 of the U.S. Code, relating toemployment and reemployment rights of members of the uniformed services bymeeting the requirements for such rights and benefits under Section 4312 ofsaid chapter, or the corresponding provisions of any subsequent applicableU.S. statute, shall be entitled to service credit for the time spent insuch military service for all purposes of sections 86.1310 to 86.1640 andsuch member shall not be required to pay any member contributions for suchtime. If it becomes necessary for the years of such service to be includedin the calculation of such member's compensation for any purpose, suchmember shall be deemed to have received the same compensation throughoutsuch period of service as the member's base annual salary immediately priorto the commencement of such leave of absence.
(L. 2005 H.B. 323, A.L. 2006 H.B. 1138 merged with S.B. 830)