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

16 CSR 20-2.085 Disability Retirement Applications and Other Relief
11/4/20

Summary of Proposed Amendment: The Retirement System amending the rule by adding one new section to establish a procedure for disability retirees to attempt to return to employment on a trial basis.

Title 16-RETIREMENT SYSTEMS
Division 20-Missouri Local Government Employees’ Retirement System (LAGERS)
Chapter 2—Administrative Rules
16 CSR 20-2.085 Disability Retirement Applications and Other Relief.

PURPOSE: The proposed amendment establishes a procedure for disability retirees to attempt to return to employment on a trial basis.

(5) A recipient of disability allowance may make a written request to the board of trustees to return, on a trial basis, to full-time or part-time employment in a position the same or substantially similar to the position the recipient was previously determined to be unable to perform. The written request shall include the proposed employer, a job description for the position which the recipient intends to perform and the proposed start date of employment. The written request shall then either be approved or denied by the board of trustees. If the request is approved, the recipient’s disability allowance shall be placed on hold by the board of trustees for the duration of the trial period, which is not to exceed six (6) calendar months. If the recipient is unable to complete his or her trial basis employment period, the recipient must provide written documentation to the board of trustees stating that he or she is physically or mentally totally incapacitated for the further performance of the job duties. Prior to restoring retirement disability status, the board of trustees may require the recipient to submit a Restatement of Disability by Attending Physician stating that the recipient is physically or mentally totally incapacitated for the further performance of the job duties. If determined to be physically or mentally totally incapacitated for the further performance of the job duties, the recipient shall again be considered a disability retiree and receive a disability retirement allowance restarting the first month following termination of employment, without resubmitting a Retirement Application seeking disability retirement; any contributions paid to the retirement system by the recipient and his or her employer during the incomplete trial basis employment period will be refunded to the employer, which shall then refund its employee for any employee-paid contributions. The recipient shall receive no additional service credit for the incomplete trial basis employment period. If the recipient does successfully complete his or her trial basis employment, his or her disability retirement will be revoked and his or her membership status as of the date of the member’s disability retirement shall be restored; any contributions paid by the recipient and his or her employer to the retirement system by the recipient and his or her employer during the trial basis employment period will be retained by the retirement system, and the recipient will be granted service credit for the trial basis employment period. In no event shall the recipient receive a disability allowance in the same calendar month in which the recipient either works for his or her trial basis employer or receives service credit except that if the recipient was in receipt of a duty disability allowance provided for in subsection 3 of §70.680 RSMo., the recipient shall be given service credit for the period he or she was in receipt of the duty disability allowance.

AUTHORITY: sections 70.605.16 and 70.605.21, RSMo Supp. 2011, and section 70.680.1, RSMo 2000.* Original rule filed Feb. 16, 1999, effective July 30, 1999. Amended: Filed Sept. 26, 2011, effective March 30, 2012. Amended: Filed November 4, 2020.

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 rule will not cost private entities more than five hundred dollars ($500) in the aggregate.


16 CSR 20-2.010 Definitions
11/4/20

Summary of Proposed Amendment: The Retirement System is amending the rule to clarify definitions of terms by adding two new sections and amending the purpose to include section 70.605 RSMo.

Title 16-RETIREMENT SYSTEMS
Division 20-Missouri Local Government Employees’ Retirement System (LAGERS)
Chapter 2—Administrative Rules
16 CSR 20-2.010 Definitions.

PURPOSE: The proposed amendments defines the phrases “transact business” and “invest funds” as those phrases are used in section 70.051 RSMo.    

PURPOSE: The purpose of this rule is to expand on and clarify definitions of terms found in sections 70.600, 70.605 and 70.631, RSMo.

(4) Transact Business

            Transact Business, as used in 70.605.1 RSMo, includes the authority to purchase, acquire, hold and lease real estate, purchase, acquire, hold and lease personal property, open and close bank accounts, enter into bank transactions, enter contracts and other agreements, borrow funds, execute all documents or instruments of any kind appropriate for carrying out the purposes of the retirement system, including, without limitation, service, purchase, sale, debt and pledge or other security agreements, and perform any and all other acts or activities customary, incidental, necessary or convenient to the purposes and powers enumerated hereinabove and within 70.600-70.755, RSMo.

(5) Invest Funds

            Invest Funds, as used in 70.605.1 RSMo, includes full power to invest and reinvest the moneys of the system, and to hold, purchase, sell, assign, transfer or dispose of any of the securities and investments in which such moneys shall have been invested, as well as the proceeds of such investments and such moneys, open and close bank accounts, enter into bank transactions, hire and fire investment managers and custodians, enter contracts and other agreements, borrow funds, lend funds, lever assets, issue guarantees and pledge or otherwise grant security interests in any retirement system property or to secure payment or performance in respect of any guarantees, create business entities and hold or sell interest in those entities, execute all documents or instruments of any kind appropriate for carrying out the investment purposes of the retirement system, including, without limitation, service, purchase, sale, debt and pledge or other security agreements, and perform any and all other acts or activities customary, incidental, necessary or convenient to the purposes and powers enumerated hereinabove and within 70.600-70.755, RSMo.

AUTHORITY: section 70.605.21, RSMo. 2016.* Original rule filed Dec. 29, 1975, effective Jan. 8, 1976. Amended: Filed Feb. 16, 1999, effective July 30, 1999.Amended: Filed Feb. 28, 2008, effective Aug.30, 2008. Amended: Filed October 28, 2019, effective April 30, 2020.  Amended: Filed October ___, 2020.

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 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: Jason A. Paulsmeyer, 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.