16 CSR 10-4.005
Requirements for Membership
PURPOSE: This rule sets forth procedures for complying with
sections 169.010–169.050, RSMo, relating to membership in the
retirement system.
(1) Membership in the retirement system is required by law,
and each employer shall submit to the board of trustees, via
Online Automated System Integrated Solution (OASIS), an
enrollment record for every employee. It shall be an obligation
of the employer to certify the accuracy of the enrollment
record and to see that the record is properly filed with the
board of trustees.
(2) Employers will remit twice the amount of contributions
withheld from all persons employed by them who meet
the requirements for membership, as provided by sections
169.010(17), 169.130, 169.135, and 169.140, RSMo. Errors by
employers in reporting of eligibility for membership, assigning
of employees, and in remitting of contributions will be
corrected retroactively, provided the employer certifies that
an error was made, provides evidence adequate to support the
correction, and remits any balance due from the employer and
employee. If the employer has overremitted, the amount of the
employer’s portion of such overpayments will be credited to
the employer to be applied against future contributions. The
amount withheld by the employer from the employee shall
be refunded to the employee in a manner consistent with the
Internal Revenue Code.
(3) Any refund of contributions remitted in error for a member
or an employee shall include the total interest, if any, which
was credited to those contributions by the retirement system.
Any credit provided to the employer for matching employer
contributions required in such an instance shall be equal to
the total amount paid to the member or employee, including
interest. Any correcting remittance of contributions for a
member shall include the total interest, if any, which would
have been credited to those contributions by the retirement
system had the contributions been remitted on a correct and
timely basis. Any matching employer contribution remitted in
such an instance shall be equal to the total amount remitted
for the member, including interest.
(4) Effective July 1, 2004, employment on a full-time basis is
defined as employment in a position that normally requires at
least six hundred (600) hours during the school term and either:
a) normally requires the employee to work the full school day;
or b) normally requires the employee to work at least the same
number of hours per week as required for a position identified
in a) of this section. A person who meets the requirements
above, but who does not complete six hundred (600) hours
of employment prior to termination of employment shall be
considered to be employed on a full-time basis.
(5) Proof of date of birth shall be established by submission
of birth certificate or a certified copy thereof, issued by the
Bureau of Vital Statistics of the state in which the member was
born. A certified copy of the action of a court of record will be
accepted in lieu of a birth certificate. If it is impossible for the
member to secure a birth certificate, documentary evidence to
be evaluated by the board of trustees may be submitted in lieu
of the birth certificate.
(6) Special Requirements—Certificates for Colleges, Universities,
and Agencies.
(A) In determining credit for prior service, employment on
a full-time basis for which public monies have been paid by
employing agencies will be accepted as prima facie evidence
that the person so employed met the requirement of being
duly certificated under the laws governing the certification of
teachers.
(B) In determining eligibility for membership and member
ship credit, the board will satisfy itself—1) as to employment
being on an eligible basis; and 2) as to the member being
duly certificated under the laws governing the certification of
teachers.
(C) It is not the function of the board of trustees to pass on
the legality of employment or the conditions under which
certificates have been issued. If a person who is teaching in the
schools designated in the Retirement Act meets the eligibility
requirements, the person is a member.
(7) Members of State-Wide Educational Agencies—The em
ployer of any person eligible for membership in the retirement
system under the provisions of subsection 2 of section 169.130,
RSMo, shall furnish to the board of trustees a certified copy of
a resolution adopted by the governing body responsible for
the administration of the organization before any such person
shall be considered eligible for membership. This resolution
shall request the board of trustees to grant membership to the
certificated employees of the organization who are now or
may become eligible for membership and shall indicate that
the governing body will assume full responsibility for the with
holding of contributions from the salaries paid to such persons
and for the remittance of contributions to the retirement sys
tem. This section of this rule applies only to the teacher system.
(8) The possession of a valid Department of Elementary and
Secondary Education- (DESE-) issued certificate is one (1)
of the requirements for Public School Retirement System
(PSRS) membership. An inactive certificate is valid for PSRS
membership eligibility. A certificate that expired on or after
August 28, 2003, is valid for PSRS membership eligibility except
for Provisional (two- (2-) year, non-renewable); Temporary
Authorization (one- (1-) year, renewable); Career Education
Temporary (one- (1-) year, renewable); Voc I, Voc II and Voc III
(two- (2-) year, five- (5-) year and ten- (10-) year certificates); and
Visiting Scholar (one- (1-) year, renewable).
AUTHORITY: section 169.020, RSMo Supp. 2025.* Original rule
filed June 23, 1998, effective Jan. 30, 1999. Amended: Filed Aug.
29, 2003, effective Feb. 29, 2004. Amended: Filed Sept. 1, 2005,
effective Feb. 28, 2006. Amended: Filed June 24, 2013, effective
Jan. 30, 2014. Amended: Filed Feb. 2, 2026, effective Aug. 30, 2026.
*Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990,
1995, 1996, 1998, 2005, 2009, 2013, 2020.