Definitive Break in Service to Determine Eligibility for Benefits

PURPOSE: This rule sets forth the factors that will determine when a member has established a definitive break in service, thereby becoming eligible to file an application for retirement or application for payments due a former member. It is imperative that all members establish such definitive break in service to be eligible to receive such benefits. (1) When filing an “application for retirement” the member or former member shall not be reported as a full-time employee, receiving membership service in accordance with section 70.600(15), RSMo, for the month such retirement is to be effective. All credited service will be determined based upon administrative rule 16 CSR 20-2.010(2). In addition, the member or former member shall have a minimum calendar month break from employment termination date or retirement effective date, whichever is later. (Examples of how the minimum calendar month break from employment is calculated follows for a February 1 retirement effective date. In the situation where the applicable later date is the retirement effective date, then the calendar month date is satisfied on March 1. In the situation where the applicable later date is the employment termination date, and such termination date is February 10, then the minimum calendar month break is satisfied on March 10.) (2) When filing an “application for payments due a former member” such former member shall not be reportable as a full-time employee as of the application date. In addition, the former member shall have a minimum of one (1) month with no reported service credit following termination of employment in accordance with administrative rule 16 CSR 20-2.010(2). AUTHORITY: sections 70.605.16 and 70.605.21, RSMo Supp. 2012.* Original rule filed Sept. 17, 2012, effective Feb. 28, 2013. *Original authority: 70.605, RSMo 1967, amended 1974, 1992, 2000, 2003.