§ 2-1171. Definitions.

The following words and phrases as used in this division shall have the following meanings, unless a different meaning is plainly required by the context. The masculine pronoun shall include the pronoun of feminine gender, unless otherwise indicated by the context.

Actuarial equivalent means a benefit of equal value to another benefit when computed upon the basis of such mortality tables and interest rate as shall be adopted by the board of trustees upon recommendation of the actuarial consultant.

Adjustment for prior retirement benefit means 82 months of service with MAST or if the MAST employee has worked less than 82 months with MAST then the adjustment will be the entire amount of the employee's service with MAST.

Annuity means a monthly payment for life as established herein. The first payment shall be made at the end of the month after the effective date of the benefit as established by the board of trustees. The final payment of all annuities shall be made at the end of the month in which the event causing cessation of the payment occurs and shall be made for the full monthly amount without reduction.

Beneficiary means the person designated by a member to receive any benefits payable upon the member's death.

Compensation means the basic monthly wage or salary paid an employee excluding bonuses, overtime, expense allowance and other extraordinary compensation, except that for all EMS personnel assigned to 24-hour static shifts, overtime worked as part of their normal scheduled shifts is included. Compensation shall include amounts contributed to any plan maintained by the employer pursuant to a salary reduction agreement where the member could have elected to receive such amount as case compensation.

Annual compensation means compensation defined in section 415(c)(3) of the Internal Revenue Code and section 1.415-2(d) of the Treasury Regulations, but in no event more than $200,000.00 per calendar year (as adjusted annually under section 401(a)(17) of the Internal Revenue Code). Annual compensation also includes amounts contributed by the employer pursuant to a salary reduction agreement which are excludable from a member's gross income under sections 125, 401(a)(8), 402(h), or 403(b) of the Internal Revenue Code.

Effective on and after January 1, 1996, in addition to other applicable limitations set forth in the plan, and notwithstanding any other provision of the plan to the contrary, for plan years beginning on or after January 1, 1996, and only for employees who were not members before January 1, 1996, the annual compensation of each member taken into account under the plan shall not exceed to OBRA '93 annual compensation limit. The OBRA '93 annual compensation limit is $150,000.00, as adjusted by the commissioner for increases in the cost of living in accordance with section 401(a)(17) of the Internal Revenue Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12.

For plan years beginning on or after January 1, 1996, and only for employees who were not members before January 1, 1996, any reference in this pension system plan to the limitation under section 401(a)(17) of the Internal Revenue Code shall mean the OBRA '93 annual compensation limit set forth in this provision.

If compensation for any prior determination period is taken into account in determining a member's benefits accruing in the current plan year, the compensation for that prior determination period is subject to the OBRA '93 annual compensation limit in effect for that prior determination period. For this purpose, for determination periods beginning before the first day of the plan year beginning on or after January 1, 1996, or OBRA '93 annual compensation limit is $150,000.00.

Employer means the city or participating boards of control as defined in RSMo § 95.540.

Employment and service means service for the employer as an employee.

Final average compensation—Tier 1 means the monthly average of the two highest years of compensation with the city of the member in the last ten years whether or not such years are consecutive. For former MAST employees, only compensation with the city will be used for this calculation.

Final average compensation—Tier 2 means the monthly average of the three highest years of compensation with the city of the member in the last ten years whether or not such years are consecutive.

Interest means the rate declared by the board of trustees compounded annually.

Last continuous employment means the most recent period of uninterrupted employment excluding all service previous to last reemployment date. For former MAST employees the most recent period of uninterrupted employment including service with MAST prior to April 25, 2010. In determining this number, part-time service with MAST will be used only to determine whether the MAST service was continuous.

Retirement system means the retirement system established herein to be known as "The Employees' Retirement System."

Spouse means the wife or husband, lawfully married in any jurisdiction, of a member.

Surviving spouse means the spouse of a member surviving the member's death.

Termination means resignation or discharge from service of the employer.

Tier 1 member means a member of the retirement system whose membership began prior to April 20, 2014, including, for the entire period of their employment by the city, employees who terminated covered employment before said date, were vested as of the date of such termination under the rules then in effect or who have not withdrawn their contributions from such prior employment and are re-employed by the city on or after April 20, 2014.

Tier 2 member means a member of the retirement system whose membership began on or after April 20, 2014.

(Admin. Code 1967, § A9.1; Ord. No. 35794, 11-27-68; Ord. No. 41235, 5-26-72; Ord. No. 910592, 5-16-91; Ord. No. 941062, § A, 8-25-94; Ord. No. 951644, § A, 12-21-95; Ord. No. 100607, § 1, 6-23-11; Ord. No. 140035, § 1, 2-20-14 ; Ord. No. 140976 , § 1, 12-11-14; Ord. No. 150718 , § 1, 9-10-15)

Cross reference

Definitions and rules of construction generally, § 1-10.