If it fails, the Missouri Sheriffs’ Retirement System predicts that its fund will be insolvent within nine years, said Melissa Lorts, executive director.
“We feel like the $3 fee is really a user fee of the court system,” Lorts said.
Sheriffs are responsible for bringing defendants to the courthouse from the jail, and they administer warrants and manage other aspects of a criminal case, she said.
“So we have a heavy hand in what happens in the court system,” Lorts said.
More than 200 former sheriffs or their surviving spouses currently receive benefits, Lorts said.
The amendment traces back to two speeding tickets in Kansas City and the state supreme court ruling that followed.
Two men admitted to the traffic violations in 2017, ultimately paying a total of $223.50 in fines and fees to the city’s municipal court.
But the men later argued that they didn’t realize that $3 from each case would go toward the sheriffs’ retirement benefits.
The two men led a class action filed with Jackson County Circuit Court, arguing that the extra charge was “unjust enrichment,” a violation of the state constitution.
The case continued to wind through the courts until the Missouri Supreme Court ruled for the plaintiffs in 2021, Lorts said.
The court’s decision cited a 1986 ruling, noting that it laid down “a bright-line rule” barring court fees that benefit executive officials that are not “reasonably related to the expense of the administration of justice.”
The ruling in the traffic case cost the retirement system about $9 million in court costs and settlements and ended its ability to collect the money, Lorts said.
In December 2023, the fund had $38.4 million in assets, a drop of $800,000 from the end of the previous calendar year, according to the Missouri Sheriffs’ Retirement System annual report.
Beginning in January 2024, active sheriffs began contributing 5% of their salaries to the retirement fund, a change instituted by the legislature.
The legislature also approved $2.5 million to help stabilize the fund, an amount that has been requested again in the coming fiscal year, Lorts said.