Mo. Rev. Stat. » Chapter 104
Missouri Revised Statutes

Mo. Rev. Stat. § 104.530 (2026)

Actions by and against system

✓ current as of May 2026
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  104.530.  Actions by and against system — process, how served — venue. — The Missouri state employees' retirement system may sue and be sued in its official name, but its officers and employees shall not be personally liable for acts of the system.  The board may indemnify, protect, defend and hold harmless the trustees, officers and employees of the system against all claims and suits for negligent or wrongful acts alleged to have been committed in the scope of their service or employment or under the direction of the trustees provided that the trustees, officers and employees of the system shall not be indemnified for willful misconduct or gross negligence.  The board is authorized to insure against loss or liability of the trustees, officers and employees of the system that may result from claims and suits for negligent or wrongful acts alleged to have been committed in the scope of their service or employment or under the direction of the trustees.  This insurance shall be carried through a company that is licensed to write such coverage in this state.  The service of all legal process and of all notices which may be required to be in writing, whether in legal proceedings or otherwise, shall be made on the executive director or in his or her absence, on the executive director's designee at his or her office.  All suits or proceedings directly or indirectly against the system shall be brought in Cole County, except that suits or proceedings involving payment of disability benefits may be brought, at the election of the beneficiary, in the county of residence of the beneficiary.

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(L. 1957 p. 706 § 3, A.L. 1981 H.B. 835, et al., A.L. 1988 H.B. 1643 & 1399, A.L. 1993 S.B. 88, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 2001 S.B. 371)

Notes of Decisions
Cited in 3 cases, 1981–2004 · leading case: State v. Missouri State Treasurer, 130 S.W.3d 742 (Mo. Ct. App. 2004).
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State v. Missouri State Treasurer, 130 S.W.3d 742 (Mo. Ct. App. 2004). “See sections 104.530, 213.010(7), 213.055, 537.”
Crain v. Missouri State Employees' Ret. Sys., 613 S.W.2d 912 (Mo. Ct. App. 1981). “uestion that when an issue arises concerning the benefits due under the sections of the statute relating to judicial or other retirement benefits which are to be administered by the Missouri State Employees’ Retirement System, the defendants named in this suit are the proper…”
Crain v. Mo. State Employees'Ret. Sys., 613 S.W.2d 912 (Mo. Ct. App. 1981). “*917 On the issue of the claim of sovereign immunity, it should be a sufficient answer to cite § 104.530 which specifically states: "The Missouri state employees' retirement system may sue and be sued in its official name, but its officers and employees shall not be personally…”
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