In accordance with RSMo. 536.016, below are the proposed rules of the LAGERS system which have been recently published by the Missouri Register.

Aug. 15, 2025 Missouri Register (mo.gov)

TITLE 16—RETIREMENT SYSTEMS
Division 20—Missouri Local Government
Employees’ Retirement System (LAGERS)
Chapter 2—Administrative Rules

16 CSR 20-2.010 Definitions. The division is amending subsection (1)(C).

PURPOSE: This amendment expands the definition of “police officers” to include those hired to complete the police academy.

(1) Employee.

(C) The term “police officer” means any regular or permanent employee of the police department of a political subdivision, including probationary police officers, possessing the duty and power to enforce the general criminal laws of the state or the ordinances of any political subdivision of the state, and who is required to be certified by the “Peace Officer Standards and Training Commission.” The term “police officer” includes the terms “peace officer” and “policeman.”

  1. The term “police officer” shall not include any civilian employee of a police department, or any person temporarily employed as a police officer for an emergency.
  2. The term “police officer” shall include any person employed for the purpose of undertaking or completing a course of study consisting of a fixed length that, if satisfactorily completed, results in obtainment of a Peace Officer Standards and Training (POST) Program certificate and employment in a position otherwise falling within the definition of “police officer,” notwithstanding the provisions of this paragraph.

AUTHORITY: section 70.605[.21], RSMo 2016. Original rule filed Dec. 29, 1975, effective Jan. 8, 1976. For intervening history, please consult the Code of State Regulations. Amended: Filed July 14, 2025.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

TITLE 16—RETIREMENT SYSTEMS
Division 20—Missouri Local Government
Employees’ Retirement System (LAGERS)
Chapter 2—Administrative Rules

16 CSR 20.2085 Disability Retirement Applications and Other Relief. The division is adding new sections (1) and (2), deleting old sections (2) and (3), amending section (4), and renumbering as necessary.

PURPOSE: This amendment modifies the procedure used for disability retirement applications.

(1) A member seeking disability retirement shall apply for such benefits with LAGERS by submitting forms provided by LAGERS for that purpose and medical documentation to establish the nature and extent of the claimed disability.

(A) Such application for disability retirement shall specify the nature of the condition the member believes entitles them to disability retirement.

(B) A member requesting disability retirement must acknowledge that the information they provide to LAGERS may be supplied to third parties including but not limited to their employer and physicians selected to be on the medical committee.

(2) The following procedure will be used in issuing determinations with respect to applications for disability:

(A) Consistent with section 70.680, RSMo, LAGERS shall establish a medical committee consisting of a physician selected by the member, a physician selected by the board of trustees, and a third physician to be agreed to between the first two (2) physicians named;

(B) Each member of the medical committee shall document their belief as to the nature of the claimed disability in a format provided by LAGERS;

(C) In the event that a member applies for duty-related disability, and it is the conclusion of a physician on the medical committee that the member is totally and permanently disabled, such physician shall state if the member’s disability is the natural and proximate result of the course and actual performance of their employment;

(D) Consistent with section 70.680, RSMo, the medical committee shall report its conclusions in writing to the board of trustees;

(E) LAGERS shall issue a preliminary decision consistent with the majority of the medical committee’s conclusions. LAGERS shall inform the member and employer of such decision by certified mail;

(F) A member, employer, or LAGERS may request a hearing pursuant to 16 CSR 20-3 if any party disagrees with the preliminary decision;

(G) If a hearing is requested, LAGERS, at the discretion of the executive director, may request an independent medical examination.

  1. Such independent medical examination shall be at the expense of LAGERS and by a physician selected by LAGERS.
  2. The examination results may be used or presented by any party at the hearing.
  3. LAGERS shall transmit the results of the independent medical examination to the medical committee for reconsideration of its original conclusions.
  4. If the conclusions of the medical committee change such that, pursuant to this rule, the board of trustees would have issued a different preliminary decision, the board of trustees shall issue a supplemental decision and inform the member and employer of such decision.
  5. If LAGERS elects not to hire an independent medical examiner or the conclusions of the medical committee as a result of the independent medical examination have not changed such that the board would have issued a different preliminary opinion under this rule, a hearing officer shall be appointed in accordance with applicable rules and a hearing shall proceed;

(H) Should a request for hearing not be received within twenty-one (21) days from the date notice of the preliminary or supplemental decision is received by all parties or upon receipt of waivers, in writing, by all parties of a hearing, the parties will be deemed to have waived any right to a hearing on this matter and the preliminary or supplemental decision shall be automatically adopted as a final order of the board without the need for any further action of the board;

(I) The rules applicable to an administrative hearing pursuant to this rule shall be the same as those for other administrative hearings before the board of trustees as prescribed in 16 CSR 20-3 except—

  1. An employer wishing to contest the preliminary or supplemental decision of the board must, in their initial pleading, unless granted leave by the hearing officer for good cause shown, allege sufficient facts to establish why the employee is not disabled or that such disability is not duty related and to establish that the employer has standing in this matter;
  2. A member wishing to provide additional medical evidence shall do so within thirty (30) days of their initial pleading or as otherwise approved by the hearing officer upon a showing of good cause. Failing to submit any medical documentation within this time period will create a presumption that such evidence is inadmissible;
  3. Any medical information presented in accordance with the preceding paragraph shall be transmitted to the medical committee with a request that they reconsider their previous position considering this information. LAGERS shall be granted an automatic continuance of any proceeding during the pendency of this review. Should the opinions of the medical committee change in such a way that the board, pursuant to this rule, would have issued a different preliminary decision, the hearing officer shall entertain a motion for summary judgment related thereto; and

(J) The executive director, in their sole discretion, may accept additional medical information and transmit the same to the medical committee up until the point that a hearing is requested or twenty-one (21) days have passed since the transmission of the preliminary decision. In the event that a preliminary decision has already been issued when medical information is received, such decision may be rescinded by LAGERS for the consideration of any additional medical information.

[(1)](3) A member who makes a written application for disability retirement benefits pursuant to section 70.680, RSMo, or for other relief pursuant to section 70.605.16, RSMo, shall file the application within [one (1) year] two (2) years from the date of alleged disability or within [one (1) year] two (2) years of the date of the event from which relief is sought under section 70.605.16, RSMo.

[(2) For good cause shown, the time period for filing an application for disability retirement benefits, or application for other relief, may be extended, at the sole discretion of the board, except as otherwise limited herein.

(A) Requests for extension of time for filing an application for disability retirement benefits or other relief shall be in writing; shall be filed by the member or on the member’s behalf; and shall state the reason(s) why the member did not file the application within the one- (1-) year time period specified in section (1).

(B) Requests for extension of time for filing shall be accompanied by the completed application for disability retirement benefits or other relief filed by the member or on the member’s behalf and shall include all medical information required by section 70.680, RSMo, if applicable.

(C) In no event shall requests for extension of time for filing an application for disability retirement benefits or other relief be considered after two (2) years from the date of the alleged disability or event from which other relief is sought.

(3) Upon receipt of a request for extension of time to file an application for disability retirement benefits or other relief, the board may grant the extension of time, or deny the request in accordance with the provisions of this rule. If the request is granted, the board will review the application and make its determination. If the request is denied, the member may request a hearing pursuant to the provisions of rule 16 CSR 20-3.010. A member may appeal an adverse determination following such a hearing, in accordance with the provisions of section 70.605.16, RSMo.]

(4) Notwithstanding other provisions of this rule to the contrary, the board of trustees, in its sole discretion, may allow the filing of an application for disability retirement benefits by a member without regard to the time frames specified in section[s (1) and (2)](3) in those instances where the member submits competent medical evidence that the member sustained a work-related injury or illness which, due to the latent, chronic, progressive, or debilitating nature of the injury/illness, did not result in the member’s permanent disability for an extended period of time, such that the member would otherwise be precluded from filing an application for disability retirement benefits. Such determination shall be taken up with the remainder of the disability case as an additional claim which the applicant must prove.

AUTHORITY: section[s 70.605.16,] 70.605[.21, and 70.680.1], RSMo 2016, and section 70.680, RSMo Supp. 2024. Original rule filed Feb. 16, 1999, effective July 30, 1999. Amended: Filed Sept. 26, 2011, effective March 30, 2012. Amended: Filed Nov. 4, 2020, effective May 30, 2021. Amended: Filed July 14, 2025.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

TITLE 16—RETIREMENT SYSTEMS
Division 20—Missouri Local Government
Employees’ Retirement System (LAGERS)
Chapter 2—Administrative Rules

16 CSR 20-2.086 Payments of Disability and Death Benefits, When

PURPOSE: This rule specifies when the system shall begin distributing payments in the event of the disability or death of a member.

(1) In the event that a member or beneficiary becomes entitled to a benefit due to the disability or death of the member, LAGERS shall commence payment of such benefit, with the approval of the executive director, on the next regularly scheduled payment date—

(A) In the case of disability, following the issuances of a final order of the board, including automatic final orders consistent with the provisions of 16 CSR 20-2.085(2); or

(B) In the case of death, following a determination by staff that the beneficiary is entitled to death benefits under section 70.661, RSMo.

(2) Nothing in this rule shall require the executive director to grant such approval in the absence of a final order of the board.

(3) Upon an approval of benefits under this rule, the board shall be notified of such approval at the next regularly scheduled board meeting.

(4) In the event that a later hearing, determination of the board, or judicial proceeding renders an order inconsistent with the grant of a benefit under this rule, such benefit shall be considered an erroneous overpayment. Such an overpayment may be recouped by the system in accordance with 16 CSR 20-2.060.

AUTHORITY: section 70.605, RSMo 2016, and section 70.680, RSMo Supp. 2024. Original rule filed July 14, 2025.

PUBLIC COST: This proposed rule will not cost state agencies or political subdivision more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed rule will not cost private entities more than five hundred dollars ($500) in the aggregate.

TITLE 16—RETIREMENT SYSTEMS
Division 20—Missouri Local Government
Employees’ Retirement System (LAGERS)
Chapter 3—Hearings and Proceedings

16 CSR 20-3.020 Appointment of Hearing Officers

PURPOSE: This rule establishes a mechanism of automatic appointment of hearing officers.

(1) Hearings may be conducted by a hearing officer. The executive director shall appoint hearing officers to conduct hearings required by statute and regulation from a list of attorneys approved by the board of trustees.

(2) Any hearing officer included on the list shall—

(A) Be licensed to practice law in the State of Missouri and in good standing with The Missouri Bar;

(B) Complete an application for appointment on a form furnished by Missouri LAGERS;

(C) Agree to the LAGERS policies and procedures as determined by the executive director; and

(D) Be approved by the board of trustees.

(3) Each hearing officer approved by the board of trustees will be assigned a number, beginning at one (1).

(4) Hearing officers shall be included in the panel at the pleasure of the board of trustees for a fixed term unless they resign from service before their termination or the expiration of their term.

(5) Hearing officers will be appointed to cases by the executive director in the order they appear on the list. The hearing officer listed first on the list will be appointed to the first case, the hearing officer listed second on the list will be appointed to the next case, and this shall be repeated until all hearing officers have been appointed to cases or otherwise skipped. Then, the appointment shall begin again with the first hearing officer. If a hearing officer is unable to serve for any reason, including a conflict, the next hearing officer on the list shall be assigned the case.

(6) All remaining hearing officers shall move up in order on the list to fill the vacancy upon the resignation or termination of a hearing officer.

(7) Newly appointed hearing officers shall be assigned to the end of the list.

(8) Nothing in this rule shall prohibit the board of trustees from conducting a hearing without a hearing officer, nor shall it prohibit the board of trustees from directly appointing a hearing officer, whether they are a member of the panel or not, to conduct a hearing in a particular matter.

AUTHORITY: section 70.605, RSMo 2016. Original rule filed July 14, 2025.

PUBLIC COST: This proposed rule will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed rule will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Any interested person or entity may submit written comments in support of or in opposition to the proposed rule(s). Comments should be directed to the Missouri Local Government Employees Retirement System (LAGERS), Attn: Andrew Sartorius, Chief Counsel, P.O. Box 1665, Jefferson City, MO  65102.  To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.