Determination of Credited Service for Periods of Absence

PURPOSE: This rule clarifies conditions and procedures for granting credited service for periods of absence from employment resulting from military leave, workers’ compensation leave, and educational leave. (1) In the event the member is on military leave, workers’ compensation leave, or educational leave, the member may receive credited service for the period of the absence under the following conditions: (A) The absence from employment due to the leave, of the type specified in this rule, must extend for one (1) full day or more during the calendar month being considered for credited service; and (B) The member or member’s agent makes application with the board for such credited service. (2) Member and employer contributions shall be suspended for any month in which a member received credited service pursuant to section (1) of this rule. (3) Any month of credited service granted pursuant to this rule, pertaining to worker’s compensation leave or educational leave, shall not be considered for purposes of determining final average salary. (4) Any month of credited service granted pursuant to this rule, pertaining to military leave, shall be considered for purposes of determining final average salary in accordance with The Uniformed Services Employment and Re-Employment Rights Act of 1994 (USERRA). AUTHORITY: section 70.605.21, RSMo Supp. 2009 and section 70.640, RSMo 2000.* Original rule filed Oct. 6, 1983, effective Jan. 13, 1984. Rescinded and readopted: Filed Jan. 7, 1988, effective April 1, 1988. Rescinded and readopted: Filed Dec. 10, 2009, EMPLOYEES’ RETIREMENT SYSTEM (LAGERS) effective July 1, 2010. *Original authority: 70.605, RSMo 1967, amended 1974, 1992, 2000, 2003 and 70.640, RSMo 1967, amended 1971, 1973, 1974, 1975, 1979, 1980, 1988, 1992.