Transition Rules and Effective Date

PURPOSE: This rule sets forth the effective date of the rules of this chapter and describes the classes of participants to whom the 1999 legislative changes to the plan apply. (1) Classes of Participants Affected by Amendment. The following matrix, which is shown in Table 1 and incorporated by reference herein, sets forth different classes of participants who are affected by the amendments to sections 50.1000 to 50.1300, RSMo, which became effective January 1, 2000. (2) USERRA. A participant who incurs a separation from service before January 1, 2000, on account of his or her stint in a uniformed service shall be treated as eligible for benefits determined under the new plan formula that is effective January 1, 2000, if such treatment would be required under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994. (3) Consequences of Treatment as a Former Employee. To the extent a participant is treated as a former employee under this section: (A) Creditable service shall be determined in accordance with the provisions of the prior plan; and (B) The participant’s retirement benefit shall be determined in accordance with the benefit formula set forth in the prior plan. (4) Continued Application of Forfeiture Rules. Nothing in this section shall reinstate amounts previously forfeited in accordance with section 50.1140, RSMo. Accordingly, a participant who had a separation from service before January 1, 2000, but was not vested in his or her accrued benefit before January 1, 2000, shall be treated as a new employee. RETIREMENT FUND AUTHORITY: section 50.1032, RSMo Supp. 1999.* Original rule filed Sept. 29, 2000, effective March 30, 2001. *Original authority: 50.1032, RSMo 1995.