Opinion letter to the Honorable William J. Cason

f - February 14, 1974 OPINION LETTER NO. 8 Answer by letter-Jones --- --- Honorable William J. Cason State Senator , District 31 FILE 0 Room 422, Capitol Buil ding Jefferson City, Missouri 65101 Dear Senator Cason: ' ~ This letter is to acknowledge r eceipt of your request for an opinion from this office which r eads as follows: "Can a cost of living increment constitution- ally be added to the pension benefits of per- sons retired under the public school retire- ment system?" In State ex rel. Breshears v. Missouri State Employees' Re- tirement System, 362 S.W.2d 5 71 (Mo. Bane 1962), it was held that a 1 961 amendment to a 1957 statute permitting payment of i ncreased benefits to retired members of t he Z1issouri State Employees' Re- tirement System woul d take a portion of the fund existing when the amendment was passed to pay t he increase and \'lould impair a con- tract with active member s in violation of Section 13, Article I of the Missouri Constitution. It is our view that the holding in the Breshears case is ap- plicable to your question. Therefore, any increase which is based on cost of living woul d be invalid if granted by the legislature. Yours very truly, JOHN C. DANFORTH Attorney General