The Pub. Sch. Ret. System Of Mo. v. Taveau, WD 71213.

• Decision Date: 31 August 2010
• Docket Number: No. WD 71213.,WD 71213.
• Citation: 316 S.W.3d 338
• Parties: The PUBLIC SCHOOL RETIREMENT SYSTEM OF MISSOURI, Respondent,v.Scott TAVEAU, Appellant.
• Court: Missouri Court of Appeals

316 S.W.3d 338

Missouri Court of Appeals,
Western District.

The PUBLIC SCHOOL RETIREMENT SYSTEM OF MISSOURI, Respondent,
v.
Scott TAVEAU, Appellant.

No. WD 71213.

March 23, 2010.
Motion for Rehearing and/or Transfer to

Supreme Court Denied April 27, 2010.

Application for Transfer Denied

Aug. 31, 2010.

316 S.W.3d 339

COPYRIGHT MATERIAL OMITTED

316 S.W.3d 340

Roger G. Brown and Kent L. Brown Jefferson City, MO, for Appellant.

Allen D. Allred and Lawrence C. Friedman, St. Louis, MO, for Respondent.

Before Division III: KAREN KING MITCHELL, Presiding Judge, and MARK D. PFEIFFER and CYNTHIA L. MARTIN, Judges.

MARK D. PFEIFFER, Judge.

Scott Taveau (Taveau) appeals the Circuit Court of Cole County's (trial court) grant of summary judgment in favor of The Public School Retirement System of Missouri (PSRS) on its declaratory judgment petition. In PSRS's petition, it sought a declaration that Taveau was not entitled to retirement benefits because he had not actually retired or had otherwise violated section 169.560.¹ On appeal, Taveau raises three points. We reverse and remand for trial.

Background Facts and Procedural History

On June 7, 2004, Taveau entered into an employment agreement with Liberty Public School District (LPSD) to serve as LPSD's superintendent for three years. In 2005, Taveau expressed his desire to retire from his position on December 31, 2005, and to work part-time as LPSD's superintendent. In late 2005, Taveau filled out his application with the retirement system. On January 1, 2006, Taveau began receiving retirement benefits pursuant to section 169.560, which authorizes

316 S.W.3d 341

part-time school district employees that are otherwise retired and receiving retirement benefits pursuant to sections 169.010 through 169.141 to maintain part-time employment with the school district and receive retirement benefits, as long as the employee does not exceed 550 hours of school district employment per school year or make more than 50% of the annual compensation for the position filled by the part-time employee.

In August 2006, PSRS filed a declaratory judgment petition in which it alleged that Taveau was not entitled to retirement benefits because he never retired from his position as superintendent of LPSD. In the alternative, PSRS sought a declaration that Taveau had violated the requirements of section 169.560 by working more than 550 hours and making more than 50% of the compensation for the position he filled.

On January 26, 2009, PSRS filed its motion for summary judgment. Taveau countered with a separate motion for summary judgment. On February 11, 2009, the trial court entered an order informing the parties that it had considered the motions for summary judgment and directing the parties to present evidence on the motions. Pursuant to this order, the trial court held a two-day evidentiary hearing on February 19-20, 2009. At the hearing, the parties called four witnesses to the stand. On May 21, 2009, the trial court entered summary judgment for PSRS on its motion. In the trial court's judgment, it ordered Taveau to reimburse PSRS for retirement benefits that it had previously paid him because, as the trial court concluded, the undisputed evidence established that (1) Taveau did not retire; (2) even if he did retire, he worked more than 550 hours; and (3) he exceeded the 50% compensation limit. This appeal follows.

Standard of Review

Our review of the trial court's grant of summary judgment is de novo:

The criteria on appeal for testing the propriety of summary judgment are no different from those which should be employed by the trial court to determine the propriety of sustaining the motion initially. The propriety of summary judgment is purely an issue of law. As the trial court's judgment is founded on the record submitted and the law, an appellate court need not defer to the trial court's order granting summary judgment.

State ex rel. Nixon v. Hughes, 281 S.W.3d 902, 906 (Mo.App. W.D.2009) (quoting State ex rel. Nixon v. Watson, 204 S.W.3d 716, 718 (Mo.App. W.D.2006)). In reviewing the trial court's grant of summary judgment, we review the record in the light most favorable to the party against whom the trial court entered judgment against Id. We afford that party the benefit of all reasonable inferences Id.

To be entitled to summary judgment, the moving party must show that: (1) there is no genuine dispute as to the material facts on which the party relies for summary judgment; and (2) based on those facts, the party is entitled to judgment as a matter of law. Id. (citing Rule 74.04(c)(6)). The right to judgment as a matter of law differs depending on whether the moving party is the claimant or defending party. Id.

In this case, PSRS moved for summary judgment on its declaratory judgment petition. Thus, in this case, the moving party was the claimant. For a claimant to be entitled to summary judgment, the claimant must establish that there is no genuine dispute between the parties as to the material facts upon which the claimant would have had the burden of persuasion at trial. Watson, 204 S.W.3d at 719. The claimant

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must allege undisputed facts establishing every element of his claim. Id.Background of the Role of PSRS in Administering Pension Benefits and Seeking Reimbursement from Taveau

PSRS governs the pension plan established for teachers and other employees who worked in public school districts with a population under 400,000. § 169.020; see also Savannah R-III Sch. Dist. v. Pub. Sch. Ret. Sys. of Mo., 950 S.W.2d 854, 856 (Mo. banc 1997). Sections 169.010 through 169.141 govern the plan. See also Savannah R-III School Dist., 950 S.W.2d at 856. PSRS's pension plan is funded solely through employer and employee contributions. § 169.030.1 RSMo Cum.Supp. (2003); see also Savannah R-III Sch. Dist., 950 S.W.2d at 856. Upon retirement, the person may choose from various formulas to determine the amount of their monthly allowance. § 169.070; id. Thus, a prerequisite for a person to receive retirement benefits is that person's actual retirement from the public school system.

Section 169.560 provides a minor exception to this rule by allowing a retiree to maintain part-time employment with the public school system and receive retirement benefits. Section 169.560 allows the retiree to do so as long as that retiree works no more than 550 hours and is paid no more than 50% of the annual compensation for the position filled:

Any person retired and currently receiving a retirement allowance pursuant to sections 169.010 to 169.141, other than for disability, may be employed in any capacity in a district included in the retirement system created by those sections on either a part-time or temporary-substitute basis not to exceed a total of five hundred fifty hours in any one school year, and through such employment may earn up to fifty percent of the annual compensation payable under the employing district's salary schedule for the position or positions filled by the retiree, given such person's level of experience and education, without a discontinuance of the person's retirement allowance.... If such a person is employed in any capacity by such a district on a regular, full-time basis, the person shall not be eligible to receive the person's retirement allowance for any month during which the person is so employed and shall contribute to the retirement system.

Pursuant to section 169.560, then, to maintain part-time employment and receive retirement benefits, the person must, in fact, retire from full-time employment. Under the statute, there is no necessity to examine the number of hours worked by the retiree nor the amount of compensation received by the retiree unless the retiree does, in fact, retire from full-time employment. Even if the retiree has retired from full-time employment, the statute further requires that retiree (1) work no more than 550 hours, and (2) make no more than 50% of the salary at that position. Based on section 169.560, PSRS filed a declaratory judgment petition in which it alleged that Taveau was required to reimburse it for retirement benefits it paid to him from January 1, 2006, through June 30, 2007, because PSRS claimed that (1) Taveau did not actually retire on December 31, 2005; (2) even if he did retire, he worked more than 550 hours as a “part-time” superintendent; and (3) he exceeded 50% of the compensation for that position. In its motion for summary judgment, PSRS moved for summary judgment on all three issues.

Rules 74.04 and 55.28-Oral Testimony at a Summary Judgment Hearing

In making its case for summary judgment,

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Rule 74.04(c)(1) ² required PSRS to make specific references to the pleadings, discovery, exhibits and affidavits to support its claim:

A statement of uncontroverted material facts shall be attached to the motion. The statement shall state with particularity in separately numbered paragraphs each material fact as to which movant claims there is no genuine issue, with specific references to the pleadings, discovery, exhibits or affidavits that demonstrate the lack of a genuine issue as to such facts.

Attached to the statement shall be a copy of all discovery, exhibits or affidavits on which the motion relies.

Rule 74.04 requires the movant to set forth a specific basis for summary judgment and list specific references to the record to support the basis for summary judgment so the opposing party, the trial court, and the appellate court are apprised of the movant's claim of entitlement to summary judgment. Hughes, 281 S.W.3d at 908. “Because the underlying purpose of Rule 74.04 is directed toward helping the court expedite the disposition of [the] case, compliance with the rule is mandatory.” Id. In this case, the record shows that the trial court also held a two-day evidentiary hearing on the motion for summary judgment where the parties examined numerous witnesses. Thus, in reviewing the trial court's...