Proposed Board Rule on Payment of Unused Compensatory Leave Time
At their September 24, 2020 meeting, the MOSERS Board of Trustees adopted Board Rule 9-1, "Payment of Unused Compensatory Leave Time", which shall take effect on October 26, 2020.
9-1 Payment of Unused Compensatory Leave Time
PURPOSE: This rule sets forth the treatment of a payment to a member for unused compensatory leave time during employment and after a member terminates employment.
1) For purposes of Sections 104.010.1(13) and 104.1003(21), RSMo, any payment made by a department to a member of the MSEP or the MSEP 2000 for unused compensatory leave time after the member terminates employment shall be included as part of the member’s “final installment of salary and wages,” “compensation,” and “pay,” regardless of when the department makes the payment to the member. The department shall report the payment to MOSERS as retirement eligible and shall remit contributions to the system for the payment.
2) Any payment made by a department to a member of the MSEP or the MSEP 2000 for unused compensatory leave time shall be apportioned to the corresponding time periods when the member performed the services for which the member earned the unused compensatory leave time. Only the portion of the payment attributable to unused compensatory leave time earned during the member’s highest 36 consecutive months of service shall be included in the member’s “average compensation” under Section 104.010.1(8), RSMo, or the member’s “final average pay” under Section 104.1003.1(16), RSMo. Retirement benefits will be adjusted accordingly if any unused compensatory leave paid after termination is earned during the member’s highest 36 consecutive months of service.
You may submit written comments to MOSERS General Counsel regarding these changes at any time prior to October 26, 2020. The Board will consider any comments received and has the authority to take additional action as it deems appropriate regarding these rules.