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2014 Legislative Summary

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2014 Legislation Affecting MOSERS

2014 SESSION RECAP

HB 1882 – Changes several administrative provisions affecting public employee retirement plans in Missouri and also amends certain provisions affecting the reporting requirements stipulated by the Joint Committee on Public Employee Retirement (JCPER).

As it relates to the education of MOSERS board members, the proposal:

  • Changes the current requirement of at least two continuing education programs each year (for board members who have served one or more years) to a total of six hours of continuing education each year.
  • Prohibits routine annual presentations by outside plan service providers from being used to satisfy board member education or continuing education requirements; however, such service providers could be utilized to perform education programs with such programs being separate and apart from routine annual presentations.
  • Requires the system or staff to maintain records of board member education including, but not limited to, date, time length, location, education material, and any facilitator utilized. In addition, the record must be signed and attested to by the attending board member or board chairman or designee. Such information must be maintained for public record and disclosure for at least three years or until the expiration of such board member’s term, whichever occurs first.
  • Allows the board, by majority vote, to remove any board member, excluding ex-officio members, who knowingly does not participate in the required education programs, which shall result in a vacancy to be filled in accordance with the plan’s provisions.

HB 1217 – Provides that any participant of a public employee retirement plan covered under Chapter 105 who is found guilty of an specified felony offenses (see below) committed in connection with or related to the participant’s duties as an employee, on or after August 28, 2014, would not be eligible to receive any retirement benefits from the respective plan based on service rendered on or after the effective date of the section. The participant may still request a refund of the participant’s plan contributions from the respective retirement system, including interest (if any) credited to the member’s account.

Upon a finding of guilt, the court would be required to forward a notice of the court’s finding to the appropriate retirement system in which the offender was a participant. The court would be required to make a determination on the value of the money, property, or services involved in committing the offense. The finding of guilt for any of the following felony offenses or a substantially similar offense provided under federal law would result in the participant’s ineligibility for retirement benefits:

  1. Stealing under section 570.030, when such offense involved money, property, or services valued at $5,000 or more as determined by a court;
  2. Receiving stolen property under section 570.080 when such offense involved money, property, or services valued at $5,000 or more as determined by a court;
  3. Forgery under section 570.090;
  4. Counterfeiting under section 570.103;
  5. Bribery of a public servant under section 576.010; or
  6. Acceding to corruption under section 576.020.

HB 1217 also prohibits a public employee retirement benefit from being transferred or assigned, at law or in equity, subject to current retirement plan provisions. Under the legislation, the pension assignee is not allowed to use any device, scheme, transfer, or other artifice, including the deposit of such plan benefits into a joint account with a pension assignee or the authorization under a power of attorney or other instrument or document to access an account or otherwise obtain funds from an account to which plan benefits have been deposited.

Any contact or agreement made in violation of this new provision is considered void and all sums paid or collected by an assignee would be required to be returned. In addition, any benefit recipient, his or her guardian or conservator, or heir or beneficiary, or the attorney general would be able to bring an action to enforce the restitution authorized under this section within five years. The proposal further allows the attorney general to exercise the investigative and enforcement powers authorized under chapter 407, including recovery of costs, nor shall it prohibit any action permitted under chapter 409.

As it affects MOSERS, sections 104.540.2 and 104.1054.2 currently prohibit assignments except for: 1) the collection of child support and maintenance, 2) life insurance proceeds, 3) contributions due from retirees for state-sponsored group life and medical insurance, and 4) contributions made to the Missouri state employees’ charitable campaign. In addition, sections 104.312 and 104.1051 also permit retirement benefits to be divided and paid to a former spouse. The proposed legislation would have no effect on these provisions.

These provisions became effective August 28, 2014.

MOSERS
Missouri State Employees' Retirement System
Address: 907 Wildwood Dr., Jefferson City, MO 65102
https://www.mosers.org/images/mosers-logo-bg-375-280.jpg Phone: 800.827.1063 URL: Email: mosers@mosers.org Founded On: September 1, 1957