Missouri Revised Statutes
Chapter 104 - Retirement of State Officers and Employees
Section 104.312 - Pension, annuity, benefit, right, and allowance is marital property — division of benefits order, requirements — information for courts — rejection of division of benefits order — basis for payment to alternate payee.

Effective - 28 Aug 2013, 2 histories
104.312. Pension, annuity, benefit, right, and allowance is marital property — division of benefits order, requirements — information for courts — rejection of division of benefits order — basis for payment to alternate payee. — 1. The provisions of subsection 2 of section 104.250, subsection 2 of section 104.540, subsection 2 of section 287.820, and section 476.688 to the contrary notwithstanding, any pension, annuity, benefit, right, or retirement allowance provided pursuant to this chapter, chapter 287, or chapter 476 is marital property and after August 28, 1994, a court of competent jurisdiction may divide the pension, annuity, benefits, rights, and retirement allowance provided pursuant to this chapter, chapter 287, or chapter 476 between the parties to any action for dissolution of marriage. A division of benefits order issued pursuant to this section:
(1) Shall not require the applicable retirement system to provide any form or type of annuity or retirement plan not selected by the member and not normally made available by that system;
(2) Shall not require the applicable retirement system to commence payments until the member submits a valid application for an annuity and the annuity becomes payable in accordance with the application;
(3) Shall identify the monthly amount to be paid to the alternate payee, which shall be expressed as a percentage and which shall not exceed fifty percent of the amount of the member's annuity accrued during all or part of the time while the member and alternate payee were married; and which shall be based on the member's vested annuity on the date of the dissolution of marriage or an earlier date as specified in the order, which amount shall be adjusted proportionately if the member's annuity is reduced due to early retirement or the member's annuity is reduced pursuant to section 104.395 under an annuity option in which the member named the alternate payee as beneficiary prior to the dissolution of marriage or pursuant to section 104.090 under an annuity option in which the member on or after August 28, 2007, named the alternative payee as beneficiary prior to the dissolution of marriage, and the percentage established shall be applied to the pro rata portion of any lump sum distribution pursuant to subsection 6 of section 104.335, accrued during the time while the member and alternate payee were married;
(4) Shall not require the payment of an annuity amount to the member and alternate payee which in total exceeds the amount which the member would have received without regard to the order;
(5) Shall provide that any benefit formula increases, additional years of service, increased average compensation or other type of increases accrued after the date of the dissolution of marriage shall accrue solely to the benefit of the member; except that on or after September 1, 2001, any annual benefit increase shall not be considered to be an increase accrued after the date of termination of marriage and shall be part of the monthly amount subject to division pursuant to any order issued after September 1, 2001;
(6) Shall terminate upon the death of either the member or the alternate payee, whichever occurs first;
(7) Shall not create an interest which is assignable or subject to any legal process;
(8) Shall include the name, address, and date of birth of both the member and the alternate payee, and the identity of the retirement system to which it applies;
(9) Shall be consistent with any other division of benefits orders which are applicable to the same member;
(10) Shall not require the applicable retirement system to continue payments to the alternate payee if the member's retirement benefit is suspended or waived as provided by this chapter but such payments shall resume when the retiree begins to receive retirement benefits in the future.
2. A system established by this chapter shall provide the court having jurisdiction of a dissolution of marriage proceeding or the parties to the proceeding with information necessary to issue a division of benefits order concerning a member of the system, upon written request from either the court, the member or the member's spouse, which cites this section and identifies the case number and parties.
3. A system established by this chapter shall have the discretionary authority to reject a division of benefits order for the following reasons:
(1) The order does not clearly state the rights of the member and the alternate payee;
(2) The order is inconsistent with any law governing the retirement system.
4. The amount paid to an alternate payee under an order issued pursuant to this section shall be based on the plan the member was in on the date of the dissolution of marriage; except that any annual benefit increases subject to division shall be based on the actual annual benefit increases received after the retirement plan election.
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(L. 1992 S.B. 499, et al. § 5, A.L. 1994 H.B. 1149, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 2001 S.B. 371, A.L. 2007 S.B. 406, A.L. 2013 H.B. 233)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title VIII - Public Officers and Employees, Bonds and Records

Chapter 104 - Retirement of State Officers and Employees

Section 104.010 - Definitions.

Section 104.012 - Spouse defined.

Section 104.020 - System created.

Section 104.030 - Highway patrol uniformed members and civilian employees to be members of retirement system — credit for military service, when.

Section 104.035 - Deferred normal annuity on termination of employment to be paid to employee, requirements — reemployment and member of system, prior service credit restored, when — transportation department and highway patrol, deferred normal annui...

Section 104.040 - Members to receive credit for prior service — military service to be considered — purchase of credit for service in the Armed Forces, cost, interest rate, computation — certain creditable prior service, purchase of, effect — nonfede...

Section 104.050 - Years of service used in calculating annuity — noncompensated absences for illness and injury, effect — withdrawal before entitled to deferred annuity, relinquishes all rights — reinstatement of forfeited creditable service, when.

Section 104.060 - No payroll deductions — accumulated contributions refunded, when, to whom.

Section 104.070 - Board to submit estimate of amounts to be contributed by state — included in appropriation request.

Section 104.080 - Member may retire when — waiver of monthly annuity, when.

Section 104.081 - Highway patrol retirement age.

Section 104.090 - Normal annuity of retired member — additional allowance to patrolmen, qualifications — survivorship options — option selected prior to retirement, death of spouse, effect — spouse as beneficiary, effect — dissolution of marriage, ca...

Section 104.100 - Early retirement and retirement, service credits required at age fifty-five — sixty — sixty-five, exception — computation.

Section 104.103 - Annual benefit increase, when, how computed — limitation — reversion of amount of benefit — special consultant, compensation.

Section 104.110 - Disability benefits, who entitled, how calculated, terminated when — medical examination required, when — proof of application for Social Security benefits — death benefit, not payable, when — board to establish definitions — annuit...

Section 104.120 - Accumulated contributions paid as death benefit, when.

Section 104.130 - Death benefit of retired member.

Section 104.140 - Death prior to retirement, benefits.

Section 104.150 - Benefit fund, how held — purpose — deposit, executive director, duties, bond required — investment, board's powers and duties.

Section 104.160 - Board of trustees, membership — nominations and voting rights of members of system.

Section 104.170 - Officers of board of trustees, election, terms, duties — executive director, appointment, powers and duties — process to be served on executive director.

Section 104.175 - Liability insurance coverage authorized, state highways and transportation commission.

Section 104.180 - Meetings of board, quorum, compensation of employees of board — service to system deemed regular duties.

Section 104.190 - Records of board — report — office at Jefferson City — seal — audit of accounts, requirements.

Section 104.200 - Board may correct error in amounts paid member, limitation.

Section 104.210 - Powers of board of trustees.

Section 104.220 - Actuary, selection, duties.

Section 104.230 - Legal services to be rendered by whom.

Section 104.240 - Actions by and against system — process how served — venue of actions against system — no personal liability for official acts by officers and employees.

Section 104.250 - Law creates vested rights — benefits exempt from taxes and executions — exception, subject to child support and spousal maintenance.

Section 104.254 - Spouses of deceased retired members appointed as special consultants, when — duties — compensation — not to affect other benefits.

Section 104.255 - Certain surviving spouses to become consultants — compensation — not to affect survivor's benefits or eligibility for retirement — surviving spouses not receiving payments on or after September 1, 1989.

Section 104.260 - Members retiring after October 1, 1984, may be made consultants, when, procedure — compensation to be exempt from taxes, judgments, claims — unassignability.

Section 104.270 - Medical and death benefits to be furnished, how — state contribution, amount — contracts for, how let.

Section 104.271 - Retirement age, certain employees — "eighty and out".

Section 104.272 - Certain members entitled to credit for service regardless of classification.

Section 104.312 - Pension, annuity, benefit, right, and allowance is marital property — division of benefits order, requirements — information for courts — rejection of division of benefits order — basis for payment to alternate payee.

Section 104.320 - Retirement system to be body corporate, to be known as Missouri state employees' retirement system — powers and duties — medical benefit funds.

Section 104.330 - State employees to be members — military service, effect.

Section 104.332 - Certain legal advisors to be made special consultants on problems of retirement — legal advisor defined.

Section 104.335 - Vesting service — members who are entitled to annuities — requirements, amounts — terminated vested member, judge, administrative law judge or legal advisor, election to pay present value of annuity, eligibility, purchase of prior s...

Section 104.339 - Creditable prior service, members entitled to.

Section 104.340 - Creditable prior service and prior service credits — what is included — special consultants, requirements, compensation.

Section 104.342 - Certain teachers employed by state to be members, when — may elect to remain members of public school retirement system, procedure, election for certain teachers required to be made, when — effect of failure to make election — newly...

Section 104.343 - Military service, purchase of prior service credit, refund to surviving spouse when death occurs before retirement, procedure, limitation.

Section 104.344 - Member entitled to purchase prior creditable service for nonfederal full-time public employment or contractual services — method, period, limitation.

Section 104.345 - Circuit clerks entitled to prior service credit, when — certain circuit clerks to be appointed consultants, duties, compensation to be creditable service, when — clerks entitled to refund of contribution, procedure, also entitled to...

Section 104.347 - Member elected as circuit clerk of certain counties entitled to annuity.

Section 104.350 - Withdrawal from service, when, reentry after withdrawal, how made — forfeiture and reinstatement of creditable service, when.

Section 104.352 - Part-time legislative employees — insurance benefits — vesting service — deferred normal and partial annuities — requirements.

Section 104.354 - Part-time legislative employee retirement benefits — funding.

Section 104.370 - General assembly members entitled to normal annuity, requirements, limitation — election to state office, effect — certain members entitled to creditable prior service — former members as special consultants, compensation — elected...

Section 104.371 - Elective state officers entitled to normal annuity, how computed, exception — additional service, how credited — retirement age, statewide officer, annuity, amount.

Section 104.372 - General assembly members and elective state officers, survivor's income payments, when, amount — death before retirement survivor's benefit — creditable prior service for certain teachers employed by state — surviving spouse, specia...

Section 104.374 - State employee's normal annuity, computation — noncompensated absences counted as membership service, when — employees and general assembly members continuing to serve, cost-of-living increases on retirement or death.

Section 104.378 - Survivors as special consultants on board, when, compensation.

Section 104.380 - Retired members elected to state office, effect of — reemployment of retired members, effect of.

Section 104.395 - Options available to members in lieu of normal annuity — spouse as designated beneficiary, when — statement that spouse aware of retirement plan elected — reversion of amount of benefit, conditions — special consultant, compensation...

Section 104.400 - Normal retirement age — early retirement requirements — annuity, how computed.

Section 104.401 - Retirement requirements and procedure, annuity or deferred normal annuity, payment to commence when — temporary waiver of right to receive, effect, limitation.

Section 104.403 - Certain retirees eligible to apply for medical coverage benefits, amount of contribution, limitations.

Section 104.404 - Certain employees eligible for retirement may apply for medical benefits upon retirement, amount of contribution, time limitations.

Section 104.410 - Disability benefits, who entitled, eligibility — how calculated — eligibility requirements — disabled, a normal retiree, when — termination of disability, effect.

Section 104.415 - Annual benefit increase, when, how computed — minimum — maximum increase — payable when — temporary waiver of right to receive, effect, limitation.

Section 104.420 - Death before retirement, member or disabled member — surviving spouse to receive benefits — if no qualifying surviving spouse, children's benefits.

Section 104.422 - Accumulated contribution as death benefit of member or former member.

Section 104.436 - Financing pattern for contribution determinations — commissioner of administration to certify payment.

Section 104.438 - Benefit funds, pay period certification of amount required — treasurer to transfer amount to fund.

Section 104.440 - Benefit fund, how held — board's powers — deposit — bond of executive director, investment of fund.

Section 104.450 - Board of trustees, membership of — appointed members and elected members, how chosen.

Section 104.460 - Board officer, selection, terms — elected members campaign disclosure procedure, penalty — executive director and staff, appointment, salaries, expenses — service of process to be served on director or director's designee.

Section 104.470 - Meeting of board — quorum — meetings not required for decisions of board, procedure, exception — expenses — failure to attend, result, exceptions — vacancies.

Section 104.480 - Records of board — financial report — office at Jefferson City — seal — audit of accounts, requirements.

Section 104.490 - Correction of errors in amount paid members — falsification of records, penalty — survivor or beneficiary charged with killing member, denial of benefits, resumption of payments if not convicted.

Section 104.500 - Powers and duties of board — conflict of interest of members or employees prohibited.

Section 104.510 - Actuary, selection — duties.

Section 104.515 - Insurance and disability benefits to be kept in separate accounts — state's contribution, amount, contribution to be made from highway funds for certain employees, when — employees and families, who are covered for medical insurance...

Section 104.516 - Conservation department, contributions for insurance for uniformed agents, when.

Section 104.517 - Life insurance benefits, employees covered — certain departments and highway patrol may elect coverage — amount — additional insurance by payroll deductions, maximum — retention of coverage on retirement, cost deducted from retireme...

Section 104.518 - Disability income benefits, employees covered — certain members of water patrol eligible.

Section 104.519 - Rules established for insurance and disability benefits — selection of insurance companies by bids — coverage of state employees under teacher retirement system eligible for insurance program — certain employees not eligible, when.

Section 104.520 - Legal advice, representation — attorney general to provide legal services, when.

Section 104.530 - Actions by and against system — process, how served — venue.

Section 104.540 - Law creates vested rights — certain contributions may be withheld from benefits and paid over.

Section 104.550 - Consulting firms assisting board, preference to be given Missouri based companies, when.

Section 104.552 - Department of health and senior services employee entitled to creditable prior service, when — application, time period.

Section 104.601 - Years of service to include unused accumulated sick leave, when — credited sick leave not counted for vesting purposes — applicable also to teachers' and school employees' retirement system.

Section 104.602 - Creditable service not previously credited to members of either system to be credited, when — duplicate credit prohibited — death of a member prior to exercise of transfer rights, rights of survivor.

Section 104.603 - Reciprocal transfer of creditable service, when.

Section 104.604 - Surviving spouse to receive benefits from only one member — right to elect.

Section 104.605 - Eligible rollover distribution and eligible retirement plan defined — compliance with IRS code required, when.

Section 104.606 - Purchase of creditable service, required before receipt of retirement annuity.

Section 104.608 - General assembly member may become consultant if denied credit in system due to membership in other state systems — compensation to be creditable service for all service in general assembly.

Section 104.610 - Special consultants, employment as, when — compensation, how, calculation of — severability provisions — former members as special consultants, when — certain special consultants may be eligible for survivor benefits.

Section 104.612 - Consultants, extra duty, compensation — benefit increases, limitations — survivors of judges, administrative law judges, and legal advisors to be consultants — limited survivor benefits extended to all members, one-time refund payme...

Section 104.615 - Minimum monthly benefits.

Section 104.620 - Contribution refund to members — effect on benefits — record retention — reversion to credit of fund, when — reversion of unclaimed benefits, when — refund received, when.

Section 104.621 - Affirmative action plan for hiring money managers, brokers and investment counselors, required — report to joint committee on public employee retirement.

Section 104.625 - Annuities and lump sum payments, when, determination of amount.

Section 104.800 - Transfers of creditable service to other retirement system — transfer to be made, when — effect of transfer — death of member prior to retirement and transfer to be computed under system with most advantageous benefits.

Section 104.801 - Health benefit coverage mandated by general assembly to be applicable to health benefit plans for state employees.

Section 104.805 - Employees transferred to department of transportation (MoDOT) not members of closed department of transportation and highway patrol employees' retirement system unless election made, procedure.

Section 104.806 - Certain employees transferred to MoDOT, not to become members of MoDOT retirement system unless elect to, procedure.

Section 104.810 - Water patrol employees, membership options.

Section 104.1003 - Definitions.

Section 104.1006 - Year 2000 plan, citation, applicability of other provisions.

Section 104.1009 - Membership in year 2000 plan.

Section 104.1012 - Plans to be managed by appropriate boards.

Section 104.1015 - Election into year 2000 plan, effect of — comparison of plans provided — calculation of annuity.

Section 104.1018 - Vesting of benefits, when — reemployment of member, effect of.

Section 104.1021 - Credited service determined by board — calculation.

Section 104.1024 - Retirement, application — annuity payments, how paid, amount — election to receive annuity or lump sum payment for certain employees, determination of amount.

Section 104.1027 - Options for election of annuity reduction — spouse's benefits — dissolution of marriage, cancellation of election, when.

Section 104.1030 - Death prior to annuity starting date, effect of — surviving spouse's benefits — children's benefits — applicability to members of general assembly and statewide officials.

Section 104.1033 - Early retirement annuity, when.

Section 104.1036 - Deferred annuity, when — annuity starting date election — death of member, effect on annuity.

Section 104.1039 - Reemployment of a retiree, effect on annuity — cost-of-living adjustments.

Section 104.1042 - Long-term disability, effect on retiree's annuity.

Section 104.1045 - Cost-of-living adjustment, amount.

Section 104.1048 - Waiver of monthly payment or COLA.

Section 104.1051 - Annuity deemed marital property — division of benefits.

Section 104.1054 - Benefits are obligations of the state — benefits not subject to execution, garnishment, attachment, writ of sequestration — benefits unassignable — reversion of benefits, when — refund received, when.

Section 104.1057 - Year 2000 plan, a qualified plan according to federal law.

Section 104.1060 - Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when.

Section 104.1063 - Rulemaking authority.

Section 104.1066 - Actuarial evaluations, methods used — certification of contribution rate, when.

Section 104.1069 - Trust established, investment of funds.

Section 104.1072 - Life insurance benefits — medical insurance for certain retirees.

Section 104.1075 - Disability income benefits.

Section 104.1078 - Separate accounts established for benefits — contributions by the state — board to determine premiums.

Section 104.1081 - Life insurance and disability benefit programs established — board rules.

Section 104.1084 - Retirement benefits, general assembly members — COLA permitted, when — ineligibility for benefits.

Section 104.1087 - Credited service with multiple plans, payable annuity amount.

Section 104.1089 - Deferred annuity, when — forfeiture of creditable service and long-term disability benefits.

Section 104.1090 - Additional credited service, when.

Section 104.1091 - New employees, normal retirement eligibility — vesting requirements — temporary annuity, when — early retirement annuity, when — minimum credited service requirements — contribution amount — options — conditions for retirement afte...

Section 104.1092 - Deferred annuity, one-time election, when — forfeiture of creditable service — ineligibility for long-term disability benefits.

Section 104.1093 - Designation of an agent — benefit recipient defined — revocation of agent's authority.

Section 104.1200 - Definitions.

Section 104.1205 - Duties of board.

Section 104.1210 - No credited service for outside employee or member, when — information provided by institutions and administrators, when.

Section 104.1215 - Outside employee's election for membership, when.