Missouri Revised Statutes
Chapter 402
Investment Guidelines for Eleemosynary Funds and Trust Funds for Handicapped Persons
←402.199
Section 402.200.1
402.201→
August 28, 2015
Definitions.
402.200. As used in sections 402.199 to 402.208, the following terms
mean:
(1) "Beneficiary", also referred to as "life beneficiary", a person
who:
(a) Has been determined to have a disability or to be a disabled
person;
(b) Is a resident of Missouri or one of the eight states adjacent to
Missouri; and
(c) Is the person designated as the sole, primary beneficiary of a
trust account administrated as part of the Missouri family trust by the
board of trustees;
(2) "Board of trustees", "board", or "Missouri family trust board of
trustees", the body corporate and instrumentality of the state, established
as the Missouri family trust board of trustees pursuant to section 402.201;
(3) "Charitable trust", an account established and administered as
part of the Missouri family trust for the benefit of disabled individuals,
as provided in section 402.207;
(4) "Cotrustee", that person designated by the settlor to act
together with the trustee as cotrustee of a trust account;
(5) "Department", the department of mental health;
(6) "Disability":
(a) A mental or physical impairment that substantially limits one or
more major life activities, whether the impairment is congenital or
acquired by accident, injury or disease, and where the impairment is
verified by medical findings; or
(b) As is defined in Section 1614(a)(3) of the Social Security Act,
42 U.S.C. 1382c(a)(3);
(7) "Missouri family trust" or "trust", the trust established
pursuant to section 402.202 and administered by the board of trustees, as
trustee, pursuant to sections 402.199 to 402.208;
(8) "Net income", the earnings received on investments less
administrative expenses and fees;
(9) "Principal balance", the fair market value of all contributions
made to a particular account, less distributions, determined as of the end
of the calendar month immediately preceding the occurrence giving rise to
any determination of principal balance;
(10) "Remainder beneficiaries", the person or persons designated to
receive the applicable portion of the principal balance of a trust account
remaining after the death of the beneficiary;
(11) "Restricted account", an account established and administered as
part of the trust for the benefit of persons with disabilities as provided
in section 402.206;
(12) "Standby trust", the trust established upon distribution of a
trust account by the board of trustees pursuant to notice of withdrawal or
termination and administered as set forth in subsection 3 of section
402.205;
(13) "Trust account", an account established and administered as part
of the Missouri family trust for the benefit of a beneficiary as provided
in sections 402.203 and 402.204;
(14) "Trustee", the board of trustees acting in its capacity as
trustee of a trust account, the charitable trust, or a restricted account
as used in section 402.201.
(L. 1989 H.B. 318 § 1, A.L. 1991 S.B. 311, A.L. 1993 H.B. 136 merged
with S.B. 338, A.L. 1998 S.B. 852 & 913, A.L. 1999 S.B. 211, A.L.
2004 H.B. 923, A.L. 2011 S.B. 70)
2004
1999
2004
402.200. As used in sections 402.199 to 402.220, the following terms mean:
(1) "Board of trustees", the Missouri family trust board of trustees;
(2) "Charitable trust", the trust established to provide benefits for
individuals, as set forth in section 402.215;
(3) "Department", the department of mental health;
(4) "Disability", a mental or physical impairment that substantially
limits one or more major life activities, whether the impairment is
congenital or acquired by accident, injury or disease, and where the
impairment is verified by medical findings;
(5) "Life beneficiary" or "beneficiary", a designated beneficiary of the
Missouri family trust;
(6) "Net income", the earnings received on investments less
administrative expenses and fees;
(7) "Principal balance", the fair market value of all contributions made
to a particular account, less distributions, determined as of the end of the
calendar month immediately preceding the occurrence giving rise to any
determination of principal balance;
(8) "Requesting party", the party desiring arbitration;
(9) "Responding party", the other party in arbitration of a dispute
regarding benefits to be provided by the trust;
(10) "Successor trust", the trust established upon distribution by the
board of trustees pursuant to notice of withdrawal or termination and
administered as set forth in section 402.215;
(11) "Trust", the Missouri family trust established pursuant to sections
402.200 to 402.220;
(12) "Trustee", a member of the Missouri family trust board of trustees.
1999
402.200. As used in sections 402.199 to 402.220, the following terms
mean:
(1) "Board of trustees", the Missouri family trust board of trustees;
(2) "Charitable trust", the trust established to provide benefits for
individuals, as set forth in section 402.215;
(3) "Department", the department of mental health;
(4) "Disability", a mental or physical impairment that substantially
limits one or more major life activities, whether the impairment is
congenital or acquired by accident, injury or disease, and where the
impairment is verified by medical findings;
(5) "Life beneficiary", a designated beneficiary of the Missouri
family trust;
(6) "Net income", the earnings received on investments less
administrative expenses and fees;
(7) "Principal balance", the fair market value of all contributions
made to a particular account, less distributions, determined as of the end
of the calendar month immediately preceding the occurrence giving rise to
any determination of principal balance;
(8) "Requesting party", the party desiring arbitration;
(9) "Responding party", the other party in arbitration of a dispute
regarding benefits to be provided by the trust;
(10) "Successor trust", the trust established upon distribution by
the board of trustees pursuant to notice of withdrawal or termination and
administered as set forth in section 402.215;
(11) "Trust", the Missouri family trust established pursuant to
sections 402.200 to 402.220;
(12) "Trustee", a member of the Missouri family trust board of
trustees.
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