Missouri State, Major City, & Public School Retirement Systems

Missouri QDRO Process The Missouri State Employees’ Retirement System (MOSERS) was established in September 1957 by an act of the Missouri State Legislature. Its purpose is to administer retirement, life insurance, and long-term disability benefits to eligible members of the defined benefit retirement plans.

The retirement benefit from the Missouri State Employees’ Retirement System (MOSERS) is considered marital property upon divorce. If a party married at any time while an active member of MOSERS and is considering a divorce, his or her spouse may be entitled to receive a portion of the retirement benefit.

Section 104.312 and 104.1051 of the Revised Statutes of Missouri (RSMO), permits the division of MOSERS retirement benefits in the event of a divorce. This law allows MOSERS to pay a portion of the participant’s pension benefit directly to the former spouse at the time he or she begins receiving MOSERS payments.

Divorcing spouses should remember that the decision to divide a pension is theirs. Two considerations should be weighed when considering whether or not to use a Division of Benefits Order (DBO):

> No payment will be issued to a former spouse until the participant begins receiving retirement benefits from MOSERS.
> No division can be authorized without a DBO. Learn more by reading our FAQs below.

QDRO Administrative Law Judges and Legal Advisors’ Plan (ALJLAP)
(Missouri Domestic Relations Order)
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QDRO Judicial Plan (JP)
(Missouri Domestic Relations Order)
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QDRO Missouri State Employees’ Plan (MSEP)
(Missouri Domestic Relations Order)
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QDRO Missouri State Employees’ Plan 2000 (MSEP 2000)
(Missouri Domestic Relations Order)
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Frequently Asked Questions:

Q. What are the conditions for dividing a MOSERS benefit?
A. In order to divide a benefit, the participant must be vested as of the date of the divorce. He or she must be eligible to ultimately receive a benefit without regard to future service, based on the vesting schedule. For general state employees it varies from 5 to 10 years of creditable service. A participant becomes vested upon completion of credited service.
Q. What happens if a participant is not vested?
A. If he or she is not vested on the date of divorce, the retirement benefit cannot be divided. If a participant is not vested, he or she is not entitled to a benefit; therefore, there is nothing to divide.
Q. What must happen before MOSERS can divide a retirement benefit?
A. Before MOSERS divides a participant’s benefit, a court of competent jurisdiction issues a Division of Benefits Order (DBO).
Q. How much can a former spouse be awarded in a divorce?
A. According to the law, the court may award the former spouse up to 50% of the benefit accrued during all or part of his or her marriage.
Q. Is there an alternative to the DBO?
A. Yes. A participant may choose to divide the present value of his or her retirement benefit at the time of divorce as a part of the property division. He or she might make a swap of the present value for another asset.
Q. Can the former spouse receive payments from MOSERS immediately?
A. No. MOSERS payments are made only when the member spouse ends his or her employment, or applies for a benefit or refund, and his or her benefits become payable.
Q. After a member ends his or her employment, can the former spouse receive his or her share in a lump sum payment?
A. If the member decides on monthly payments, the former spouse must accept the same payment regime.
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