Military Benefits Payable

PURPOSE: The purpose of this rule is to provide LAGERS’ interpretation of the Uniformed Services Employment and Reemployment Rights Act (USERRA)(38 USC 4301 et seq.) and applicable LAGERS’ statutes regarding LAGERS’ benefits for a member serving in the United States Armed Forces. (1) For purposes of determining the applicability of Missouri Local Government Employees Retirement System (LAGERS) benefits to members serving in the United States Armed Forces as set forth in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (38 USC 4301 et seq.), 38 USC 4318 requires the applicability of LAGERS’ provided retirement benefits in such a manner that the member on qualified military service pursuant to USERRA and/or applicable Missouri statutes is treated as not having incurred a break in service by reason of such person’s period or periods of service in the uniformed services. The LAGERS’ Board of Trustees interprets Missouri statutes sections 70.600–70.655 et seq. and section 105.270, RSMo, to provide benefits for death or disability incurred while on such qualified military service. If the death or disability occurred in the line of duty, then benefits will be provided as if the death or disability arose out of and in the course of duty as an employee. AUTHORITY: section 70.605.21, RSMo Supp. 2010.* Original rule filed March 31, 2011, effective Sept. 30, 2011. *Original authority: 70.605, RSMo 1967, amended 1974, 1992, 2000, 2003.