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Title XI EDUCATION AND LIBRARIES

Chapter 169

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  169.572.  Dissolution of marriage, court not to divide retirement benefits or Social Security benefits. — 1.  No court shall divide or set aside any federal old-age, survivors or disability insurance benefit provided to any party pursuant to the federal Social Security Act, 42 U.S.C. Section 200 et seq., in any proceeding for dissolution of marriage.

  2.  Subsequent to August 28, 1991, a court of competent jurisdiction may divide the pension, annuity, benefits, rights, and retirement allowance provided pursuant to this chapter between the parties to any action for dissolution of marriage, to the same extent and in the same manner the court may divide any federal old-age, survivors or disability insurance benefit of the parties provided pursuant to the federal Social Security Act.

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(L. 1989 H.B. 610 § 2, A.L. 1991 S.B. 242, et al. § 169.142)

(1993) Where statute provides that public school teacher's pension benefits may be divided in action for dissolution of marriage to same extent as Social Security benefits, public school teacher's pension benefits are not marital property.  Kieninger v. Catlett, 854 S.W.2d 59 (Mo. App. W.D.)

(2003) Provision that public school retirement system benefits are non-divisible, nonmarital property does not violate substantive due process or equal protection rights.  In re Marriage of Woodson, 92 S.W.3d 780 (Mo.banc).


---- end of effective   28 Aug 1991 ----

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