86.200. Definitions.
Definitions.
86.200. The following words and phrases as used in sections 86.200 to86.366, unless a different meaning is plainly required by the context,shall have the following meanings:
(1) "Accumulated contributions", the sum of all mandatorycontributions deducted from the compensation of a member and credited tothe member's individual account, together with members' interest thereon;
(2) "Actuarial equivalent", a benefit of equal value when computedupon the basis of mortality tables and interest assumptions adopted by theboard of trustees;
(3) "Average final compensation":
(a) With respect to a member who earns no creditable service on orafter October 1, 2001, the average earnable compensation of the memberduring the member's last three years of creditable service as a policeofficer, or if the member has had less than three years of creditableservice, the average earnable compensation of the member's entire period ofcreditable service;
(b) With respect to a member who is not participating in the DROPpursuant to section 86.251 on October 1, 2001, who did not participate inthe DROP at any time before such date, and who earns any creditable serviceon or after October 1, 2001, the average earnable compensation of themember during the member's last two years of creditable service as apoliceman, or if the member has had less than two years of creditableservice, then the average earnable compensation of the member's entireperiod of creditable service;
(c) With respect to a member who is participating in the DROPpursuant to section 86.251 on October 1, 2001, or whose participation inDROP ended before such date, who returns to active participation in thesystem pursuant to section 86.251, and who terminates employment as apolice officer for reasons other than death or disability before earning atleast two years of creditable service after such return, the portion of themember's benefit attributable to creditable service earned before DROPentry shall be determined using average final compensation as defined inparagraph (a) of this subdivision; and the portion of the member's benefitattributable to creditable service earned after return to activeparticipation in the system shall be determined using average finalcompensation as defined in paragraph (b) of this subdivision;
(d) With respect to a member who is participating in the DROPpursuant to section 86.251 on October 1, 2001, or whose participation inthe DROP ended before such date, who returns to active participation in thesystem pursuant to section 86.251, and who terminates employment as apolice officer after earning at least two years of creditable service aftersuch return, the member's benefit attributable to all of such member'screditable service shall be determined using the member's average finalcompensation as defined in paragraph (b) of this subdivision;
(e) With respect to a member who is participating in the DROPpursuant to section 86.251 on October 1, 2001, or whose participation inDROP ended before such date, who returns to active participation in thesystem pursuant to section 86.251, and whose employment as a police officerterminates due to death or disability after such return, the member'sbenefit attributable to all of such member's creditable service shall bedetermined using the member's average final compensation as defined inparagraph (b) of this subdivision; and
(f) With respect to the surviving spouse or surviving dependent childof a member who earns any creditable service on or after October 1, 2001,the average earnable compensation of the member during the member's lasttwo years of creditable service as a police officer or, if the member hashad less than two years of creditable service, the average earnablecompensation of the member's entire period of creditable service;
(4) "Beneficiary", any person in receipt of a retirement allowance orother benefit;
(5) "Board of police commissioners", any board of policecommissioners, police commissioners and any other officials or boards nowor hereafter authorized by law to employ and manage a permanent policeforce in such cities;
(6) "Board of trustees", the board provided in sections 86.200 to86.366 to administer the retirement system;
(7) "Creditable service", prior service plus membership service asprovided in sections 86.200 to 86.366;
(8) "DROP", the deferred retirement option plan provided for insection 86.251;
(9) "Earnable compensation", the annual salary which a member wouldearn during one year on the basis of the member's rank or position asspecified in the applicable salary matrix in section 84.160, RSMo, plusadditional compensation for academic work as provided in subsection 7 ofsection 84.160, RSMo, plus shift differential as provided in subdivision(4) of subsection 8 of section 84.160, RSMo. Such amount shall include themember's deferrals to a deferred compensation plan pursuant to Section 457of the Internal Revenue Code or to a cafeteria plan pursuant to Section 125of the Internal Revenue Code or, effective October 1, 2001, to atransportation fringe benefit program pursuant to Section 132(f)(4) of theInternal Revenue Code. Earnable compensation shall not include a member'sadditional compensation for overtime, standby time, court time, nonuniformtime or unused vacation time. Notwithstanding the foregoing, the earnablecompensation taken into account under the plan established pursuant tosections 86.200 to 86.366 with respect to a member who is a noneligibleparticipant, as defined in this subdivision, for any plan year beginning onor after October 1, 1996, shall not exceed the amount of compensation thatmay be taken into account under Section 401(a)(17) of the Internal RevenueCode, as adjusted for increases in the cost of living, for such plan year.For purposes of this subdivision, a "noneligible participant" is anindividual who first becomes a member on or after the first day of thefirst plan year beginning after the earlier of:
(a) The last day of the plan year that includes August 28, 1995; or
(b) December 31, 1995;
(10) "Internal Revenue Code", the federal Internal Revenue Code of1986, as amended;
(11) "Mandatory contributions", the contributions required to bededucted from the salary of each member who is not participating in DROP inaccordance with section 86.320;
(12) "Member", a member of the retirement system as defined bysections 86.200 to 86.366;
(13) "Members' interest", interest on accumulated contributions atsuch rate as may be set from time to time by the board of trustees;
(14) "Membership service", service as a policeman rendered since lastbecoming a member, except in the case of a member who has served in thearmed forces of the United States and has subsequently been reinstated as apoliceman, in which case "membership service" means service as a policemanrendered since last becoming a member prior to entering such armed service;
(15) "Plan year" or "limitation year", the twelve consecutive-monthperiod beginning each October first and ending each September thirtieth;
(16) "Policeman" or "police officer", any member of the police forceof such cities who holds a rank in such police force for which the annualsalary is listed in section 84.160, RSMo;
(17) "Prior service", all service as a policeman rendered prior tothe date the system becomes operative or prior to membership service whichis creditable in accordance with the provisions of sections 86.200 to86.366;
(18) "Reserve officer", any member of the police reserve force ofsuch cities, armed or unarmed, who works less than full time, withoutcompensation, and who, by his or her assigned function or as implied by hisor her uniform, performs duties associated with those of a police officerand who currently receives a service retirement as provided by sections86.200 to 86.366;
(19) "Retirement allowance", annual payments for life as provided bysections 86.200 to 86.366 which shall be payable in equal monthlyinstallments or any benefits in lieu thereof granted to a member upontermination of employment as a police officer and actual retirement;
(20) "Retirement system", the police retirement system of the citiesas defined in sections 86.200 to 86.366;
(21) "Surviving spouse", the surviving spouse of a member who was themember's spouse at the time of the member's death.
(L. 1957 p. 256 § 1, A.L. 1963 p. 137, A.L. 1972 H.B. 1389, A.L. 1983 H.B. 664, A.L. 1986 S.B. 443, A.L. 1993 S.B. 250, A.L. 1995 H.B. 260, et al., A.L. 2000 H.B. 1808, A.L. 2001 S.B. 290, A.L. 2002 H.B. 1455, A.L. 2009 H.B. 397 & H.B. 947)