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

Law creates vested rights--certain contributions may be withheld frombenefits and paid over.

104.540. 1. All premium payments and deferred compensation providedfor under sections 104.320 to 104.540 are hereby made obligations of thestate of Missouri. No alteration, amendment, or repeal of sections 104.320to 104.540 shall affect the then-existing rights of members andbeneficiaries, but shall be effective only as to rights which wouldotherwise accrue hereunder as a result of services rendered by an employeeafter such alteration, amendment, or repeal.

2. Any annuity, benefits, funds, property, or rights created by, oraccruing or paid to, any person under the provisions of sections 104.320 to104.540 shall not be subject to execution, garnishment, attachment, writ ofsequestration, or any other process or claim whatsoever, and shall beunassignable, except with regard to the collection of child support ormaintenance, and except that a beneficiary may assign life insuranceproceeds. Any retired member of the system may request the executivedirector of the system, in writing, to withhold and pay on his behalf tothe proper person, from each of his monthly retirement benefit payments, ifthe payment is large enough, the contribution due from the retired memberto any group providing state-sponsored life or medical insurance and to theMissouri state employees charitable campaign.

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.

(L. 1957 p. 706 § 23, A.L. 1959 S.B. 274, A.L. 1965 p. 226, A.L. 1981 H.B. 835, et al., A.L. 1988 H.B. 1643 & 1399, A.L. 1992 S.B. 499, et al., A.L. 1998 S.B. 910, A.L. 2002 H.B. 1455, A.L. 2009 H.B. 210)