Missouri Revised Statutes

Mo. Rev. Stat. § 104.540 (2026)

Law creates vested rights

✓ current as of May 2026

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104.540. Law creates vested rights — certain contributions may be withheld from benefits and paid over. — 1. All premium payments and deferred compensation provided for under sections 104.320 to 104.540 are hereby made obligations of the state of Missouri. No alteration, amendment, or repeal of sections 104.320 to 104.540 shall affect the then-existing rights of members and beneficiaries, but shall be effective only as to rights which would otherwise accrue hereunder as a result of services rendered by an employee after such alteration, amendment, or repeal.

2. Any annuity, benefits, funds, property, or rights created by, or accruing or paid to, any person under the provisions of sections 104.320 to 104.540 shall not be subject to execution, garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and shall be unassignable, except with regard to the collection of child support or maintenance, and except that a beneficiary may assign life insurance proceeds. Any retired member of the system may request the executive director of the system, in writing, to withhold and pay on his behalf to the proper person, from each of his monthly retirement benefit payments, if the payment is large enough, the contribution due from the retired member to any group providing state-sponsored life or medical insurance and to the Missouri state employees charitable campaign.

3. The executive director of the system shall, when requested in writing by a retired member, withhold and pay over the funds authorized in subsection 2 of this section until such time as the request to do so is revoked by the death or written revocation of the retired member.

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(L. 1957 p. 706 § 23, A.L. 1959 S.B. 274, A.L. 1965 p. 226, A.L. 1981 H.B. 835, et al., A.L. 1988 H.B. 1643 & 1399, A.L. 1992 S.B. 499, et al., A.L. 1998 S.B. 910, A.L. 2002 H.B. 1455, A.L. 2009 H.B. 210)

Notes of Decisions

Cited in 7 cases, 1962–2015 · leading case: Hackman v. Dir. of Revenue, 771 S.W.2d 77 (Mo. 1989).

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Hackman v. Dir. of Revenue, 771 S.W.2d 77 (Mo. 1989). · cites it 10× “250 RSMo 1986 (pensions of former employees of the State Highway Patrol and former employees of the Department of *80 Highways and Transportation); Section 104.540 RSMo 1986 (pensions of former elected state officials and state merit system employees); and Section 169.”

Harper v. Virginia Dep't of Taxation, 509 U.S. 86 (1993). · cites it 2× “228, § 10 (repeal retroactive to Jan. 1, 1989); La.”

State Ex Rel. Breshears v. Missouri State Employees' Ret. Sys., 362 S.W.2d 571 (Mo. 1962). · cites it 6× “Constitution; and finally, that so construed, the amendment would be violative of the constitutional provisions requiring due process and prohibiting the impairment of contracts, in so far as it affects those members who had not retired prior to October 13, 1961, and have…”

Carter v. Dir. of Revenue, 805 S.W.2d 154 (Mo. 1991). · cites it 3× “-250, RSMo 1986 (employees of the State Highway Patrol and Department of Highways and ' Transportation); Section 104.540, RSMo 1986 (elected state officials and state merit system employees); Section 169.”

Jon Rischer, Greg Rischer & Brad Rischer v. Patricia Sue Helzer, 473 S.W.3d 188 (Mo. Ct. App. 2015). · cites it 2× “' Helzer argues that the separation agreement’s treatment of MOSERS benefits - violates two separate 'statutes, § 104.540 and § 434.301, 1 and is contrary to public policy, rendering that provision of the agreement unenforceable.”

Crain v. Missouri State Employees' Ret. Sys., 613 S.W.2d 912 (Mo. Ct. App. 1981). “§ 104.540; § 104.370 RSMo 1978. Thus any judicially determined right to a benefit or lack of benefit based upon the construction of the operative statutes would be binding upon the System and its statutory trustees.”

Crain v. Mo. State Employees'Ret. Sys., 613 S.W.2d 912 (Mo. Ct. App. 1981). “§ 104.540; § 104.370 RSMo 1978. Thus any judicially determined right to a benefit or lack of benefit based upon the construction of the operative statutes would be binding upon the System and its statutory trustees.”

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