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,
Benefits are obligations of the state--benefits not subject toexecution, garnishment, attachment, writ ofsequestration--benefits unassignable--reversion of benefits,when--refund received, when.
104.1054. 1. The benefits provided to each member and each member'sspouse, beneficiary, or former spouse under the year 2000 plan are herebymade obligations of the state of Missouri and are an incident of everymember's continued employment with the state. No alteration, amendment, orrepeal of the year 2000 plan shall affect the then-existing rights ofmembers, or their spouses, beneficiaries or former spouses, but shall beeffective only as to rights which would otherwise accrue hereunder as aresult of services rendered by a member after such alteration, amendment,or repeal.
2. Except as otherwise provided in section 104.1051, any annuity,benefit, funds, property, or rights created by, or accruing or paid to, anyperson covered under the year 2000 plan shall not be subject to execution,garnishment, attachment, writ of sequestration, or any other process orclaim whatsoever, and shall be unassignable, except with regard to thecollection of child support and maintenance, and except that a beneficiarymay assign life insurance proceeds. Any retiree may request the executivedirector, in writing, to withhold and pay on his behalf to the properperson, from each of his monthly annuity payments, if the payment is largeenough, the contribution due from the retiree to any group providingstate-sponsored life or medical insurance and to the Missouri stateemployees charitable campaign.
3. The executive director shall, when requested in writing by aretiree, withhold and pay over the funds authorized in subsection 2 of thissection until such time as the request to do so is revoked by the death orwritten revocation of the retiree.
4. In the event any amount is due a deceased member, survivor, orbeneficiary who dies after September 1, 2002, such amount shall be paid tothe person or entity designated in writing as beneficiary to receive suchamount by such member, survivor, or beneficiary. The member, survivor, orbeneficiary may designate in writing a beneficiary to receive any finalpayment due after the death of a member, survivor, or beneficiary pursuantto this chapter. If no living person or entity so designated asbeneficiary exists at the time of death, such amount shall be paid to thesurviving spouse married to the deceased member, survivor, or beneficiaryat the time of death. If no surviving spouse exists, such amount shall bepaid to the surviving children or their descendants of such member,survivor, or beneficiary in equal parts. If no surviving children or anyof their descendants exist, such amount shall be paid to the survivingparents of such member, survivor, or beneficiary in equal parts. If nosurviving parents exist, such amount shall be paid to the survivingbrothers, sisters, or their descendants of such member, survivor, orbeneficiary in equal parts. If no surviving brothers, sisters, or theirdescendants exist, payment may be made as otherwise permitted by law.Notwithstanding this subsection, any amount due to a deceased member aspayment of all or part of a lump sum pursuant to subsection 6 of section104.1024 shall be paid to the member's surviving spouse married to themember at the time of death, and otherwise payment may be made as providedin this subsection. In the event any amount that is due to a person fromeither system remains unclaimed by such member for a period of four yearsor more, such amount shall automatically revert to the credit of the fundof the member's system. If an application is made for such amount aftersuch reversion, the board shall pay such amount to the person from theboard's fund, except that no interest shall be paid on such amounts afterthe date of the reversion to the fund.
5. All annuities payable pursuant to the year 2000 plan shall bedetermined based upon the law in effect on the last date of termination ofemployment.
6. The beneficiary of any member who purchased creditable service inthe Missouri state employees' retirement system shall receive a refund uponthe member's death equal to the amount of any purchase less any retirementbenefits received by the member unless an annuity is payable to a survivoror beneficiary as a result of the member's death. In such event, thebeneficiary of the survivor or beneficiary who received the annuity shallreceive a refund upon the survivor's or beneficiary's death equal to theamount of the member's purchase of services less any annuity amountsreceived by the member and the survivor or beneficiary.
(L. 1999 S.B. 308 & 314, A.L. 2002 H.B. 1455, A.L. 2009 H.B. 210)