Mo. Code Regs. Ann. tit. 16, § 40-5.020
PURPOSE: This rule establishes that the sole exception to the general rule of nonassignment ofpension benefits shall be through an Assignment of Benefits Order which shall meet the requirements set forth in this rule.
(1) Assignment of Benefits Order-Require merits. Beginning August 28, 1992, a court of competent jurisdiction may issue an Assign. ment of Benefits Order (order) dividing the pension payable from the retirement system between the parties to any action for dissolution of mnrriage. For an order to be recognized RS valid by the retirement system. it mustiA) Be a judgment, decree, order or approval of a property settlement which divides pension henefitspursuantto a dissolution ofmarriage action under state law, beginning August 28. 19112:
SPmt.ry Of state
(F) Provide that benefits shall be pad to the former spouse as a percentage of the member’s benefit, “I a specified monthly dollar amount, to commence at the same time as the member’s benefit, and to end at a date no later than the member’s death; and
(B) Payments to the former spouse shall be made by the retirement system only at the same time and under the same conditions as payments of the balance of the benefits to the member.Ifthememberdiespriortoretirement, theformerspouseshall haven” righttoreceive any benefits from the retirement system. Ifthe member dies after retirement, the former spouse’s right to any benefit payments shall cease upon the member’s death. If the former spouse dies before the member, whether before or after the member’s retirement, the former spouse’s right to benefit payments under the order shall cease at his/her death.
(C) The benefit subject to division shall be the member’s normal annuity calculated as of the date of dissolution of the marriage. CD) The order may not require-
3. The payment of benefits to the former spousewhich arerequiredtobepaidto another former spouse under another Assignment of Benefits Order.
CODEOFSTATE REGULATIONS 16 CSR 40-5 , m
(3) Discretionary Authority. The retirement system shall have the discretionary authority to accept or reject orders for the following EiWXlS:
(4) Model Order. A model order is published with these rules. It is the preference of the retirement system that the model order be used to the extent possible. Other orders will be accepted if consistent with these rules.
ASSIGNMENT OF BENEFITS ORDER
WHEREAS, a decree of this court has been entered dissolving the marriage of the parties herein, and
WHEREAS, Respondent is presently employedand has accumulatedvestedpension benefits through his/her employment with the Missouri Highway and Transportation Department, and
WHEREAS, the parties acknowledge and agree that a portion of respondent’s entitlement to pension benefits accrued and was accumulated during the marriage and constitutesmaritalproperty subject todivision under Missouri’s Dissolution of Marriage Act, and section 104.312, RSMo.
WHEREAS, this court has, by its Decree of Dissolution of marriage divided a portion of this pension benefits to the petitioner. pursuantto &Missouri Dissolution of Marriage Act;
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
order, the following terms shall apply:
employee spouse, namely
nonemployee spouse, namely
assignment of retirement benefits provided herein:
address of the member is:
ib) The name and last known mailing
address of the former spouse is:
order applies, along with the name and 16 CSR 40-5-RETIREMENT SYSTEMS
address of its executive director is: Highway and Transportation Employees’ and Highway Patrol Retirement System, David Dewitt, Executive Director, P.O. Box 270, Jefferson City, MO 65102.
decree of dissolution of marriage provides that the executive director of the system shall pay directly to the former spouse, a portion of the benefits otherwise payableto the member from the system equal to:- percent of the member’s accrued benefit as of the date of this order (can also be approved monthly dollar amount). Any subsequent benefit increases after that date attributable to statutory benefit formula increases, cost of living increases, or any other type of increase shall inure solely to the benefit of the member and the former spouse’s right to benefits shall be fixed in amount as ofthe date ofthis court order, unless another court order affecting both parties specifically modifies this order.
be made by the system at the same time and under the same conditions as payments of the balance of benefits to the member. If the member dies prior to retirement, the former spouse shall have no right to receive any benefits from the system. If the member dies after retirement, the former spouse’s right to any benefit payments shall cease upon the member’s death. If the former spouse dies before the member, whether before or after the member’s retirement, his/her right to benefit payments under this order shall cease at his/ her death.
3. This order:
provide any type or form of benefit, or any option, not otherwise provided under the plan, and
provide increased benefits (determined on the basis of actuarial value), and
benefits to the former spouse which are required to be paid to another former spouse under another order previously determined to be an Assignment of Benefits Order.
amend this order for purposes of establishing or maintaining its form as an Assignment of Benefits Order acceptable to the Highway and Transportation Employees’ and Highway Patrol Retirement System.
to supervise the payment of retirement benefits, as provided here.
SO ORDERED. and Highway Patrol Retirement System
Auth: sections 104.210.2., RSMo (Supp. 1988),104.312, RSMo, (Cum. Supp. 1992) and 536.023.3., RSMo (1986). Original rule filed Feb. 5, 1993, effective Sept. 9, 1993. *Original authority: 104.210, RSMo il9551, amendedl983,1988;104.312, RSMo(1992J;and 536.023, RSMo (19751, amended 1976.
Judith K. Moriarty saeretary (If sate