L0871.04T

To repeal sections 50.1020, 50.1130 and 50.1180, RSMo 1994, relating to death benefits for county retirement system members, and to enact in lieu thereof three new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Sections 50.1020, 50.1130 and 50.1180, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 50.1020, 50.1130 and 50.1180, to read as follows:

     50.1020. 1. The board may accept gifts, donations, grants and bequests from private or public sources to the county employees' retirement system fund.

     2. No state moneys shall be used to fund sections 50.1000 to 50.1200.

     3. In all counties, except counties of the first classification having a charter form of government and any city not within a county, the penalties provided in sections 137.280 and 137.345, RSMo, shall be deposited in the county employees' retirement fund. Any interest derived from the collection and investment of any part of the penalties shall also be credited to the county employees' retirement fund. All penalties and interest shall be transmitted to the board monthly by the county treasurer. The county assessor shall maintain a written or electronic log reflecting number of assessment notices sent, number of personal property lists that were not returned by the deadline established by law, number of penalties waived and the reason for waiving such penalty.

     4. Other provisions of law to the contrary notwithstanding, pending final settlement of taxes collected by the county collector, the county collector shall deposit all money collected in interest-bearing deposits within twenty-four hours after the close of business each day collections are received, except on Fridays of each week or on days prior to a state or national holiday, in a financial institution and all interest or other gain on such deposits shall be paid to the county treasurer and shall be credited to the political subdivision for which the funds were collected.

     5. From August 28, 1994, each county clerk, except in counties of the first classification having a charter form of government and any city not within a county, shall make a monthly payroll deduction of two percent of the compensation of each county employee covered by sections 50.1000 to 50.1200, except employees also covered under the local government employees' retirement system, and the county treasurer shall transmit these moneys monthly to the board for deposit into the county employees' retirement fund.

     50.1130. 1. A death benefit of ten thousand dollars shall be paid to the designated beneficiary of every active member upon his or her death or [to his estate if there is no designated beneficiary.], if the member fails to designate a beneficiary, then to the member's surviving spouse or, if there is no spouse, then in equal shares to the member's surviving children. If there is neither a surviving spouse or surviving children, then the benefit shall be paid to the active member's estate.

     2. If the member executes a beneficiary designation form and lists more than one beneficiary but fails to list the percentage of benefit that each beneficiary should receive, then the benefit shall be divided equally among the named beneficiaries.

     50.1180. Sections 50.1000 to 50.1200 shall not apply to counties of the first classification with a charter form of government or to a city not within a county. No employee in a county which accrues benefits under sections 50.1000 to 50.1200 shall lose any of those benefits accrued because the county where the employee serves or served subsequently adopts a charter or constitutional form of government and the county shall continue to assess and collect all fees and penalties provided pursuant to law to fund the county employees' retirement fund.