287.820. Benefits, amount, how payable--exemption from execution, certain judgment claims to be unassignable, exception--contributions to health care plan--consultants appointment, compensation, annua
Benefits, amount, how payable--exemption from execution, certainjudgment claims to be unassignable, exception--contributions tohealth care plan--consultants appointment, compensation, annualincreases, how computed.
287.820. 1. Retirement benefits shall be paid to the retired personin equal monthly installments during the remainder of the person's life.The annual amount of benefits paid shall be equal to fifty percent of thehighest salary received during the person's period of service.
2. Except as provided in section 104.312, RSMo, any annuity,benefits, funds, property or rights created by, or accruing to, any personunder the provisions of sections 287.812 to 287.855 shall not be subject toexecution, garnishment, attachment, writ of sequestration, or any otherprocess or claim whatsoever, and shall be unassignable, except with regardto the collection of child support or maintenance. Any retired member ofthe system may request the executive director of the system, in writing, towithhold and pay on the retired member's behalf to the proper person, fromeach of the retired member's monthly retirement benefit payments, if thepayment is large enough, the contribution due from the retired member toany group providing prepaid hospital care and any group providing prepaidmedical and surgical care when such group is composed entirely of membersof the system.
3. The executive director of the system shall, when requested inwriting by a retired member, withhold and pay over the funds authorized insubsection 2 of this section until such time as the request to do so isrevoked by the death or written revocation of the retired member.
4. Beginning January 1, 1989, any person who was employed prior toAugust 28, 1997, who is receiving or thereafter shall receive retirementbenefits pursuant to sections 287.812 to 287.855 upon application to theboard of trustees of the Missouri state employees' retirement system shallbe made, constituted, appointed, and employed by the board as a specialconsultant on the problems of retirement, aging and other state matters forthe remainder of the person's life. Upon request of the board or the courtfrom which the person retired, the consultant shall give opinions or beavailable to give opinions in writing or orally in response to suchrequests. As compensation the consultant shall receive in addition to allother compensation provided by law a percentage increase in compensationeach year computed upon the total amount that the consultant received inthe previous year from state retirement benefits of eighty percent of theincrease in the consumer price index calculated in the manner specified insection 104.415, RSMo. Any such annual increase in compensation, however,shall not exceed five percent, nor be less than four percent. The totalincrease in compensation pursuant to the provisions of this subsection toeach special consultant who also receives benefits pursuant to sections287.812 to 287.855 shall not exceed sixty-five percent of the initialbenefit that the person receives after August 31, 1987. The total increasein compensation pursuant to the provisions of this subsection to eachspecial consultant who also receives benefits pursuant to sections 287.812to 287.855 shall not exceed sixty-five percent of the initial benefit thatthe person receives after January 1, 1989.
5. As additional compensation for the services described insubsection 4 of this section, each special consultant shall receive anannual percentage increase in the retirement benefit payable equal toeighty percent of the increase in the consumer price index. Such benefitincrease, however, shall not exceed five percent of the retirement benefitpayable prior to the increase. The annual benefit increase described inthis subsection shall not be effective until the year in which the specialconsultant reaches the limit on total annual increases provided bysubsection 4 of this section. During that year on the anniversary date ofthe special consultant's retirement, the special consultant shall receivethe benefit increase described in subsection 4 of this section or thissubsection, whichever is greater. After that year, the special consultantshall receive the annual benefit increase described in this subsection.Any special consultant who reaches the limit on total annual benefitincreases provided by subsection 4 of this section prior to October 1,1996, shall receive the benefit increase described in this subsection onSeptember 1, 1997. Any special consultant who reaches the limit on totalannual benefit increases provided by subsection 4 of this section on orafter October 1, 1996, but before September 1, 1997, shall receive thebenefit increase described in this subsection beginning on the anniversarydate of the special consultant's retirement following September 1, 1997.In no event shall any retroactive annual benefit increases be paid underthis subsection to any special consultant who reached the limit provided insubsection 4 of this section prior to August 28, 1997.
6. Each person who is employed for the first time as anadministrative law judge or a legal advisor on or after August 28, 1997,and retires shall be entitled annually to a percentage increase in theretirement benefit payable equal to eighty percent of the increase in theconsumer price index. Such benefit increase, however, shall not exceedfive percent of the retirement benefit payable prior to the increase.
7. Survivors of members described in subsection 6 of this sectionshall be entitled to the annual benefit increase described in subsection 6of this section.
8. The compensation provided for in this section shall be payable inequal monthly installments and shall be consolidated with any retirementbenefits. The compensation shall be paid from the retirement fund. Theretirement fund shall be funded on an actuarial basis for such benefits asprescribed in section 287.845.
(L. 1984 H.B. 1106, A.L. 1987 H.B. 564, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 1998 S.B. 910)