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--- version:Introduced+++ version:(document, no version)@@ -1,92 +1,24 @@-SECOND REGULAR SESSION-HOUSE BILL NO. 1655-103RD GENERAL ASSEMBL Y-INTRODUCED BY REPRESENT A TIVE STEINMEYER.-5025H.01I JOSEPH ENGLER, Chief Clerk-AN ACT-T o repeal sections 104.200, 104.490, 104.1060, and 104.1092, RSMo, and to enact in lieu-thereof five new sections relating to public employee retirement benefits.-Be it enacted by the General Assembly of the state of Missouri, as follows:-Section A. Sections 104.200, 104.490, 104.1060, and 104.1092, RSMo, are repealed-2 and five new sections enacted in lieu thereof, to be known as sections 104.200, 104.490,-3 104.1060, 104.1092, and 105.695, to read as follows:-104.200. Should any error in any records result in any member or beneficiary-2 receiving more or less than he or she would have been entitled to receive had the records been-3 correct, the board shall correct such error , and, as far as practicable, to recover any-4 overpayments, may accept single sum or installment r epayments or make future-5 payments in such a manner that the actuarial equivalent of the benefit to which such member-6 or beneficiary was entitled shall be paid[ , and to this end may recover any overpayments ]. In-7 all cases in which such error has been made, no such error shall be corrected unless the-8 system discovers or is notified of such error within ten years after the member's annuity-9 starting date or the date of error , whichever occurs later . In cases of fraud, any error-10 discovered shall be corrected without concern for the amount of time that has passed.-104.490. 1. Should any error result in any member or beneficiary receiving more or-2 less than he or she would have been entitled to receive had the error not occurred, the board-3 shall correct such error , and, as far as practicable, to recov er any overpayments, may accept-4 single sum or installment repay ments or make future payments in such a manner that the-5 actuarial equivalent of the benefit to which such member or beneficiary was entitled shall be-6 paid[ , and to this end may recover any overpayments ]. In all cases in which such error has-EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is-intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.-7 been made, no such error shall be corrected unless the system discovers or is notified of such-8 error within ten years after the member's annuity starting date or the date of error , whichever-9 occurs later . In cases of fraud, any error discovered shall be corrected without concern to the-10 amount of time that has passed.-11 2. A person who knowingly makes a false statement, or falsifies or permits to be-12 falsified a record of the system, in an attempt to defraud the system is subject to fine or-13 imprisonment pursuant to the Missouri revised statutes.-14 3. The board of trustees of the Missouri state employees' retirement system shall-15 cease paying benefits to any survivor or beneficiary who is char ged with the intentional-16 killing of a member without legal excuse or justification. A survivor or beneficiary who is-17 convicted of such char ge shall no longer be entitled to receive benefits. If the survivor or-18 beneficiary is not convicted of such char ge, the board shall resume payment of benefits and-19 shall pay the survivor or beneficiary any benefits that were suspended pending resolution of-20 such char ge.-104.1060. 1. Should any error result in any person receiving more or less than the-2 person would have been entitled to receive had the error not occurred, the board shall correct-3 such error , and, as far as practicable, to recover any overpayments, may accept single sum-4 or installment repay ments or make future payments in such a manner that the actuarial-5 equivalent of the annuity to which such person was entitled shall be paid[ , and to this end may-6 recover any overpayments ]. In all cases in which such error has been made, no such error-7 shall be corrected unless the system discovers or is notified of such error within ten years after-8 the member's annuity starting date or the date of error , whichever occurs later . In cases of-9 fraud, any error discovered shall be corrected without concern to the amount of time that has-10 passed.-11 2. A person who knowingly makes a false statement, or falsifies or permits to be-12 falsified a record of the system, in an attempt to defraud the system shall be subject to fine or-13 imprisonment under the Missouri revised statutes.-14 3. A board shall not pay an annuity to any survivor or beneficiary who is char ged with-15 the intentional killing of a member , retiree or survivor without legal excuse or justification. A-16 survivor or beneficiary who is convicted of such char ge shall no longer be entitled to receive-17 an annuity . If the survivor or beneficiary is not convicted of such char ge, the board shall-18 resume annuity payments and shall pay the survivor or beneficiary any annuity payments that-19 were suspended pending resolution of such char ge.-104.1092. 1. In lieu of retirement annuity benefits otherwise payable under the-2 closed plan or year 2000 plan, any member who has terminated employment, is entitled to a-3 deferred annuity , and has not yet reached normal retirement age or eligibility may make a-4 one-time election to receive a lump sum payment equal to a percentage of the present value of-HB 1655 2-5 such member's deferred annuity should a board choose to establish such a program by board-6 rule pursuant to section 104.1063.-7 2. Any such election under subsection 1 of this section may be made by the member-8 beginning on [ a date as established by the board under such program but not ] or after [ May-9 31, 2018. After May 31, 2018, no such election shall be made and retirement annuity benefits-10 shall only be paid as otherwise provided by law under this chapter ] January 1, 2027 .-11 3. Any such member making such election under subsection 1 of this section shall-12 forfeit all such member's creditable or credited service and future rights to receive retirement-13 annuity benefits from the system under this chapter and shall not be eligible to receive any-14 long-term disability benefits. If such member subsequently becomes an employee, such-15 member shall be considered a new employee with no prior credited service and shall be-16 subject to the provisions of section 104.1091.-105.695. 1. No contribution or expenditur e of system funds shall be made-2 dir ectly by any public pension system to advocate, support, or oppose the passage or-3 defeat of any ballot measur e or the nomination or election of any candidate for public-4 office. Nor shall any system funds pay any debts or obligations of any committee-5 supporting or opposing such ballot measur es or candidates.-6 2. For the purposes of this section, the term "system" shall be defined as any-7 r etir ement system established by the state of Missouri or any political subdivision or-8 instrumentality of the state for the purpose of pro viding plan benefits for elected or-9 appointed public officials or employees of the state of Missouri or any political-10 subdivision or instrumentality of the state.-✔-HB 1655 3+HB 1655 -- PUBLIC EMPLOYEE RETIREMENT BENEFITS+SPONSOR: Steinmeyer+This bill authorizes a methodology for the board of trustees of+the Missouri State Employees' Retirement System to recover any+over payments made to a beneficiary in error, either in a single+sum or in installment repayments. Under current law, the board's+recovery of the over payments made to a beneficiary is+permissive.+The bill reinstates the time period for a member to make an+election to receive a lump sum payment of the member’s deferred+annuity in lieu of retirement annuity benefits, under the closed+plan or year 2000 plan, to on or after January 1, 2027. Under+current law, the election can be made by the member beginning on+a date established by the board under such plan, but not after+May 31, 2018.+The bill prohibits the contribution or expenditure of system+funds by any public pension system to advocate, support, or+oppose the passage or defeat of any ballot measure or the+nomination or election of any candidate for public office. In+addition, the system funds cannot be used to pay any debts or+obligations of any committee supporting or opposing ballot+measures or candidates. The bill includes a definition for the+term "system".+This bill is similar to HCS HB 735 & 686 (2025).
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