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Termination and Reemployment Rules and Potential Corrective Action
Jan 18, 2024, 8:24 AM By MOSERSPlease remind employees that before receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of the member’s employment. For purposes of MOSERS Board Rules, a "bona fide termination" occurs when:
- The member has completely severed employment;
- The member has not entered into a prearranged agreement (written or oral), prior to retirement, with the State of Missouri or any MOSERS-covered employer for subsequent employment on any basis (full-time, part-time, or other); and
- The member is not subsequently employed with the State of Missouri or any MOSERS-covered employer on any basis (full-time, part-time, or other) within 30 days after their employment with their prior employer has ended.
If a member receives retirement benefits without a bona fide termination, then all further benefit payments will end and the member will be required to repay the System all retirement benefits received, plus applicable interest, based on the assumed rate of return on the date of the member's retirement. Any amounts (including interest) not repaid by the member to the System will be subject to collection from the member's future retirement benefits. In addition, any payment considered to be an in-service distribution may be subject to a 10% early distribution penalty by the IRS.
The member's retirement will be considered null and void. The member can apply for retirement benefits at any time during the member's continued employment but must have a bona fide termination of service and observe the 30-day separation-of-service period to receive retirement benefits.
For more information, see our FAQs on Termination and Reemployment Rules and our Termination and Reemployment Rules flyer.
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Termination and Reemployment Rules
May 16, 2022, 3:14 PM By MOSERSPlease share with your employees!
Before receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of a member’s employment. For purposes of MOSERS Board Rules, a "bona fide termination" occurs when:
- They have completely severed employment;
- They have not entered into a prearranged agreement (written or oral), prior to retirement, with the State of Missouri or any MOSERS-covered employer for subsequent employment on any basis (full-time, part-time, or other); and
- They are not subsequently employed with the State of Missouri or any MOSERS-covered employer on any basis (full-time, part-time, or other) within 30 days after their employment with their prior employer has ended.
For more information please see our FAQs on Termination and Reemployment Rules and our Termination and Reemployment Rules flyer
Please note that if they do not have a bona fide separation of service, their retirement will be null and void, meaning they will not receive their pension payments.
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Termination and Reemployment Rules
Oct 13, 2021, 8:25 AM By MOSERSPlease share with your employees!
Before receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of a member’s employment. For purposes of MOSERS Board Rules, a "bona fide termination" occurs when:
- They have completely severed employment;
- They have not entered into a prearranged agreement (written or oral), prior to retirement, with the State of Missouri or any MOSERS-covered employer for subsequent employment on any basis (full-time, part-time, or other); and
- They are not subsequently employed with the State of Missouri or any MOSERS-covered employer on any basis (full-time, part-time, or other) within 30 days after their employment with their prior employer has ended.
For more information please see our FAQs on Termination and Reemployment Rules and our Termination and Reemployment Rules flyer
Please note that if they do not have a bona fide separation of service, their retirement will be null and void, meaning they will not receive their pension payments.
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30-Day Separation of Service Reminder: Please share with employees
Sep 16, 2021, 9:24 AM By MOSERSBefore receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of a member’s employment. For purposes of MOSERS Board Rules, a "bona fide termination" occurs when:
- They have completely severed employment;
- They have not entered into a prearranged agreement (written or oral), prior to retirement, with the State of Missouri or any MOSERS-covered employer for subsequent employment on any basis (full-time, part-time, or other); and
- They are not subsequently employed with the State of Missouri or any MOSERS-covered employer on any basis (full-time, part-time, or other) within 30 days after their employment with their prior employer has ended.
For more information please see our FAQs on Separation of Service.
Please note that if they do not have a bona fide separation of service, their retirement will be null and void, meaning they will not receive their pension payments.
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Separation of Service Awareness
Mar 16, 2021, 11:24 AM By MOSERSReminder: Before receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of the member’s employment. For purposes of MOSERS Board Rules, a "bona fide termination" occurs when:
- Member’s employment has been completely severed;
- No prearranged agreement (written or oral) exists for reemployment (full, part-time, or other); retiring members must certify on retirement application, under penalty of fraud, that no prearrangement for employment exists; and
- Retiree has not been reemployed by the State of Missouri or any MOSERS-covered employer (full, part-time, or other) within 30 days after their prior employment ended.
See FAQs – MOSERS’ Board Rule on Separation of Service for more information.
Please contact MOSERS if you have questions on separation of service requirements.
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30-Day Separation of Service Rule
Feb 17, 2021, 12:22 PM By MOSERSReminder: Before receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of the member’s employment. For purposes of MOSERS Board Rules, a "bona fide termination" occurs when:
- Member’s employment has been completely severed;
- No prearranged agreement (written or oral) exists for reemployment (full, part-time or other); retiring members must certify on retirement application, under penalty of fraud, that no prearrangement for employment exists; and
- Retiree has not been reemployed by the State of Missouri or any MOSERS-covered employer (full, part-time or other) within 30 days after their prior employment ended.
See FAQs – MOSERS’ Board Rule on Separation of Service for more information.
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New MOSERS Board Rules on Separation of Service, Effective Jan 1, 2021
Jan 15, 2021, 11:41 AM By MOSERSBefore receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of the member’s employment. For purposes of MOSERS Board Rules, a "bona fide termination" occurs when:
- Member’s employment has been completely severed
- No prearranged agreement (written or oral) exists for reemployment (full, part-time or other); retiring members must certify on retirement application, under penalty of fraud, that no prearrangement for employment exists
- Retiree has not been reemployed by the State of Missouri or any MOSERS-covered employer (full, part-time or other) within 30 days after their prior employment ended
See FAQs – MOSERS’ Board Rule on Separation of Service for more information.
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