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

Retirement requirements and procedure, annuity or deferred normalannuity, payment to commence when--temporary waiver of right toreceive, effect, limitation.

104.401. 1. Any member may retire with the annuity provided for insection 104.335, 104.370, 104.371, 104.374 or 104.400 upon the member'swritten application to the board designating the annuity starting datewhich shall be the first day of the month with respect to which an amountis paid as annuity; except that at the time of the annuity starting date,the member must have attained the normal retirement age or meet theeligibility requirements of subsection 2 of section 104.400 and must havesufficient years of creditable service. The annuity starting date shallnot be earlier than the first day of the second month following the monthof the execution and filing of such application nor later than the firstday of the fourth month following the month of the execution and filing ofsuch application. The annuity shall commence in the month of the annuitystarting date specified by the member in such application. The payment ofthe monthly service retirement annuity shall be made by the last day ofeach month, providing all documentation required pursuant to section104.395 for the calculation and payment of the benefits is received by theboard. The member shall designate a beneficiary to receive any finalmonthly payment due after the death of the member if no survivor annuity ispayable.

2. Nothing in sections 104.010 and 104.320 to 104.800 shall beconstrued as prohibiting a member from waiving the member's right toreceive the member's monthly annuity for a period of time that the memberchooses. However, the waiver may not extend beyond the age permitted bySection 401(a)(9) of the Internal Revenue Code. The waiver shall be finalas to benefits waived.

(L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et al., A.L. 1984 H.B. 1370, A.L. 1988 H.B. 1643 & 1399, A.L. 1989 H.B. 674, A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 & 314, A.L. 2001 S.B. 371)