104.1051. Annuity deemed marital property--division of benefits.
Annuity deemed marital property--division of benefits.
104.1051. 1. Any annuity provided pursuant to the year 2000 plan ismarital property and a court of competent jurisdiction may divide suchannuity between the parties to any action for dissolution of marriage if atthe time of the dissolution the member has at least five years of creditedservice pursuant to sections 104.1003 to 104.1093. A division of benefitsorder issued pursuant to this section:
(1) Shall not require the applicable retirement system to provide anyform or type of annuity or retirement plan not selected by the member;
(2) Shall not require the applicable retirement system to commencepayments until the member's annuity starting date;
(3) Shall identify the monthly amount to be paid to the formerspouse, which shall be expressed as a percentage and which shall not exceedfifty percent of the amount of the member's annuity accrued during all orpart of the period of the marriage of the member and former spouse andwhich shall be based on the member's vested annuity on the date of thedissolution of marriage or an earlier date as specified in the order, whichamount shall be adjusted proportionately upon the annuity starting date ifthe member's annuity is reduced due to the receipt of an early retirementannuity or the member's annuity is reduced pursuant to section 104.1027under an annuity option in which the member named the alternate payee asbeneficiary prior to the dissolution of marriage;
(4) Shall not require the payment of an annuity amount to the memberand former spouse which in total exceeds the amount which the member wouldhave received without regard to the order;
(5) Shall provide that any annuity increases, additional years ofcredited service, increased final average pay, increased pay pursuant tosubsections 2 and 5 of section 104.1084, or other type of increases accruedafter the date of the dissolution of marriage and any temporary annuityreceived pursuant to subsection 4 of section 104.1024 shall accrue solelyto the benefit of the member; except that on or after September 1, 2001,any cost-of-living adjustment (COLA) due after the annuity starting dateshall not be considered to be an increase accrued after the date oftermination of marriage and shall be part of the monthly amount subject todivision pursuant to any order issued after September 1, 2001;
(6) Shall terminate upon the death of either the member or the formerspouse, whichever occurs first;
(7) Shall not create an interest which is assignable or subject toany legal process;
(8) Shall include the name, address, date of birth, and SocialSecurity number of both the member and the former spouse, and the identityof the retirement system to which it applies;
(9) Shall be consistent with any other division of benefits orderswhich are applicable to the same member.
2. A system shall provide the court having jurisdiction of adissolution of a marriage proceeding or the parties to the proceeding withinformation necessary to issue a division of benefits order concerning amember of the system, upon written request from either the court, themember, or the member's spouse, citing this section and identifying thecase number and parties.
3. A system shall have the discretionary authority to reject adivision of benefits order for the following reasons:
(1) The order does not clearly state the rights of the member and theformer spouse;
(2) The order is inconsistent with any law governing the retirementsystem.
4. Any member of the closed plan who elected the year 2000 planpursuant to section 104.1015 and then becomes divorced and subject to adivision of benefits order shall have the division of benefits ordercalculated pursuant to the provisions of the year 2000 plan.
(L. 1999 S.B. 308 & 314, A.L. 2001 S.B. 371, A.L. 2003 S.B. 248, et al., A.L. 2007 S.B. 406)