SCS/HCS/HB 1217 - This act provides that a participant of any retirement system established by the state of Missouri or any political subdivision who is found guilty of certain felonies specified in the amendment and committed in direct connection to the participant's employment will forfeit retirement benefits based on service rendered on or after the enactment of this amendment. The participant may still request a refund of the contributions made to the plan including interest. Upon a finding of guilt, the court shall notify the appropriate retirement system of its finding. The court shall also make a determination on the value of the money property, or services involved in committing the offense. All retirement plans established by the state or a political subdivision, and any instrumentality of the state providing plan benefits shall take all actions in order to implement the provisions of this act.
This provision is identical to SCS/SB 823 (2014) and is similar to SCS/SB 550 (2014).
The act also provides that a person's right to a public retirement plan benefit shall not be transferable or assignable. Any moneys paid under a retirement plan shall not be subject to execution, attachment, levy, garnishment, or other legal process. Furthermore, a contract which unlawfully transfers or assigns a right to a plan benefit is void, and all monies paid by a pension assignee in violation of this act shall be returned as restitution.
All legal actions brought to enforce restitution must commence within five years after an individual unlawfully assigns the plan benefit.
When an individual or entity is engaging or about to engage in actions prohibited by this act, the attorney general may bring an enjoinment action. The Attorney General may also seek restitution on behalf of a benefit recipient or the beneficiaries.
The act has an emergency clause for certain provisions.
JESSICA BAKER