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Separation of Service

Nov 24, 2020, 15:52 PM by MOSERS
If a person retires from the state, part time work is offered to meet a state agency's needs, how many days/hours/months must a person be separated from full time state employment to accept a part-time position?

At their November 19, 2020 meeting, the MOSERS Board of Trustees adopted:

  • Board Rule 9-2, "Termination of Employment and Reemployment of MSEP/MSEP2000/MSEP 2011 Retiree"
  • Board Rule 4-9, "Termination of Employment and Reemployment of ALJLAP Retiree"
  • Board Rule 4-10, "Termination of Employment and Reemployment of Judicial Plan or Judicial Plan 2011 Retiree"
  • Revisions to various other MOSERS Board Rules.


The purpose of Board Rules 9-2, 4-9, and 4-10 is to set forth procedures relative to compliance with the Internal Revenue Code and Treasury Regulations regarding retiree re-employment and in-service distributions.

Before receiving a benefit payment from MOSERS, IRS rules require a “bona fide termination” of the member’s employment. For purposes of these new rules, a "bona fide termination" occurs when:

  1. a member has completely severed the member’s employment;
  2. the member has not entered into a prearranged agreement, prior to retirement, with any employer for subsequent employment on any basis (full-time, part-time, or other); and
  3. the member is not subsequently employed by any employer on any basis (full-time, part-time, or other) within 30 days after the member’s employment with the member’s prior employer has ended.

For purposes of these rules “employer” means the State of Missouri or any other employer covered by MOSERS.

All board rule changes will take effect on December 21, 2020.  

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