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Section: 104.0110 Disability benefits, who entitled, how calculated, terminated when--medical examination required, when--proof of application for Social Security benefits--death benefit, not payable, when--board to establish definitions--annuity ben...


Published: 2015

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Missouri Revised Statutes













Chapter 104

Retirement of State Officers and Employees

←104.103

Section 104.110.1

104.120→

August 28, 2015

Disability benefits, who entitled, how calculated, terminated when--medical examination required, when--proof of application for Social Security benefits--death benefit, not payable, when--board to establish definitions--annuity benefits, accrual, election--death benefit, eligibility, when--disability and death benefits payable, when.

104.110. 1. Any employee, regardless of the length of time of creditable

service, who is affirmatively found by the board to be wholly incapable of

performing the duties of the employee's or any other position in the

employee's department for which the employee is suited, shall be entitled to

receive disability benefits. The disability benefit provided by this

subsection shall equal one and six-tenths percent of the employee's average

compensation multiplied by the number of years of creditable service of the

member. Effective September 1, 2003, no employee is eligible for or shall

request or apply for the disability benefit provided pursuant to this

subsection.



2. Any uniformed member of the highway patrol, highway patrol employee or

department of transportation employee, regardless of the length of time of

creditable service, who is found by the board to be disabled as a result of

injuries incurred in the performance of the employee's duties, shall be

entitled to receive an initial disability benefit in an amount equal to

seventy percent of the compensation that the employee was receiving on the

date preceding the date of disability; provided, however, that the amount of

the disability benefit, plus any primary Social Security disability benefits

received by such member shall not exceed ninety percent of the monthly

compensation such member was receiving on the date preceding the date of

disability.



3. Any disability benefits payable pursuant to this section shall be

decreased by any amount paid to such member for periodic disability benefits

by reason of the workers' compensation laws of this state. After termination

of payment under workers' compensation, however, disability benefits shall be

paid in the amount required by subsections 1, 2, 7, and 9 of this section.



4. The board of trustees may require a medical examination of a disabled

member at any time by a designated physician, and benefits shall be

discontinued if the board finds that such member is able to perform the

duties of the member's former position or if such member refuses to submit to

a medical examination. Any employee who applies for disability benefits

provided pursuant to this section shall provide medical certification

acceptable to the board which shall include the date the disability commenced

and the expected duration of the disability.



5. Any employee who applies for disability benefits pursuant to

subsections 2 and 7 of this section shall provide proof of application for

Social Security disability benefits. If Social Security disability benefits

are denied, the employee shall also provide proof that the employee has

requested reconsideration, and upon denial of the reconsideration, that an

appeal process is prosecuted.



6. The disability benefits provided in this section shall not be paid to

any member who retains or regains earning capacity as determined by the

board. If a member who has been receiving disability benefits again becomes

an employee, the member's disability benefits shall be discontinued.



7. The board shall also provide or contract for long-term disability

benefits for those members whose disability exists or is diagnosed as being

of such nature as to exist for more than one year. The benefits provided or

contracted for pursuant to this subsection shall be in lieu of any other

benefit provided in this section. The eligibility requirements, benefit

period and amount of the disability benefits provided pursuant to this

subsection shall be established by the board.



8. Definitions of disability and other rules and procedures necessary for

administration of the disability benefits provided pursuant to this section

shall be established by the board.



9. Any member receiving disability benefits pursuant to subsections 1 and

2 of this section shall receive the same cost-of-living increases as granted

to retired members pursuant to section 104.103.



10. The state highways and transportation commission shall contribute

the same amount as provided for all state employees for any person receiving

disability benefits pursuant to subsection 2 of this section for medical

insurance provided pursuant to section 104.270.



11. Any member who qualified for disability benefits pursuant to

subsection 2 or subsection 7 of this section shall continue to accrue normal

annuity benefits based on the member's rate of pay immediately prior to the

date the member became disabled in accordance with sections 104.090 and

104.615 as in effect on the earlier of the date the member reaches normal

retirement age or the date normal annuity payments commence.



12. A member who continues to be disabled as provided in subsection 2 or

subsection 7 of this section shall continue to accrue creditable service

until the member reaches normal retirement age. The maximum benefits period

for benefits pursuant to subsections 2 and 7 of this section shall be

established by the board. A member who is eligible to retire and does retire

while receiving disability benefits pursuant to subsections 2 and 7 of this

section shall receive the greater of the normal annuity or the minimum annuity

determined pursuant to sections 104.090 and 104.615, as if the member had

continued in the active employ of the employer until the member's normal

retirement age and the member's compensation for such period had been the

member's rate of pay immediately preceding the date the member became

disabled.



13. Any member who was receiving disability benefits from the board

prior to August 28, 1997, or any member who has submitted an application for

disability benefits before August 28, 1997, and would have been eligible to

receive benefits pursuant to the eligibility requirements which were

applicable at the time of application shall be eligible to receive or shall

continue to receive benefits in accordance with such prior eligibility

requirements until the member again becomes an employee.



14. Any member receiving disability benefits pursuant to subsection 1,

subsection 2 or subsection 7 of this section shall be eligible to receive

death benefits pursuant to the provisions of subsection 1 of section 104.140.

The death benefits provided pursuant to this subsection shall be in lieu of

the death benefits available to the member pursuant to subsection 2 of

section 104.140.



15. The board is authorized to contract for benefits in lieu of the

benefits provided pursuant to this section.



16. To the extent that the board enters or has entered into any contract

with any insurer or service organization to provide the disability benefits

provided for pursuant to this section:



(1) The obligation to provide such disability benefits shall be

primarily that of the insurer or service organization and secondarily that of

the board;



(2) Any employee who has been denied disability benefits by the insurer

or service organization and has exhausted all appeal procedures provided by

the insurer or service organization may appeal such decision by filing a

petition against the insurer or service organization in a court of law in the

employee's county of residence; and



(3) The board and the system shall not be liable for the disability

benefits provided by an insurer or service organization pursuant to this

section and shall not be subject to any cause of action with regard to

disability benefits or the denial of disability benefits by the insurer or

service organization unless the employee has obtained judgment against the

insurer or service organization for disability benefits and the insurer or

service organization is unable to satisfy that judgment.



17. An employee may elect to waive the receipt of any disability benefit

provided for pursuant to this section at any time.



18. Any member receiving disability benefits pursuant to subsections 1

and 2 of this section shall be eligible for a death benefit of five thousand

dollars in addition to any benefits under subsection 14 of this section.



(L. 1955 p. 718 § 20, A.L. 1961 p. 542, A.L. 1969 p. 174, A.L. 1972

S.B. 650, A.L. 1976 H.B. 1211, A.L. 1979 H.B. 36, A.L. 1984 H.B.

1370, A.L. 1986 H.B. 1496, A.L. 1988 H.B. 1643 & 1399, A.L. 1995

H.B. 416, et al., A.L. 1997 H.B. 817 merged with S.B. 389, A.L.

2002 H.B. 1455, A.L. 2003 S.B. 248, et al., A.L. 2004 H.B. 1440)





2003

2002

1997



2003



104.110. 1. Any employee, regardless of the length of time of

creditable service, who is affirmatively found by the board to be wholly

incapable of performing the duties of the employee's or any other position

in the employee's department for which the employee is suited, shall be

entitled to receive disability benefits. The disability benefit provided

by this subsection shall equal one and six-tenths percent of the employee's

average compensation multiplied by the number of years of creditable

service of the member. Effective September 1, 2003, no employee is

eligible for or shall request or apply for the disability benefit provided

pursuant to this subsection.



2. Any uniformed member of the highway patrol, highway patrol

employee or department of transportation employee, regardless of the length

of time of creditable service, who is found by the board to be disabled as

a result of injuries incurred in the performance of the employee's duties,

shall be entitled to receive an initial disability benefit in an amount

equal to seventy percent of the compensation that the employee was

receiving on the date preceding the date of disability; provided, however,

that the amount of the disability benefit, plus any primary Social Security

disability benefits received by such member shall not exceed ninety percent

of the monthly compensation such member was receiving on the date preceding

the date of disability.



3. Any disability benefits payable pursuant to this section shall be

decreased by any amount paid to such member for periodic disability

benefits by reason of the workers' compensation laws of this state. After

termination of payment under workers' compensation, however, disability

benefits shall be paid in the amount required by subsections 1, 2, 7, and 9

of this section.



4. The board of trustees may require a medical examination of a

disabled member at any time by a designated physician, and benefits shall

be discontinued if the board finds that such member is able to perform the

duties of the member's former position or if such member refuses to submit

to a medical examination. Any employee who applies for disability benefits

provided pursuant to this section shall provide medical certification

acceptable to the board which shall include the date the disability

commenced and the expected duration of the disability.



5. Any employee who applies for disability benefits pursuant to

subsections 2 and 7 of this section shall provide proof of application for

Social Security disability benefits. If Social Security disability

benefits are denied, the employee shall also provide proof that the

employee has requested reconsideration, and upon denial of the

reconsideration, that an appeal process is prosecuted.



6. The disability benefits provided in this section shall not be paid

to any member who retains or regains earning capacity as determined by the

board. If a member who has been receiving disability benefits again

becomes an employee, the member's disability benefits shall be

discontinued.



7. The board shall also provide or contract for long-term disability

benefits for those members whose disability exists or is diagnosed as being

of such nature as to exist for more than one year. The benefits provided

or contracted for pursuant to this subsection shall be in lieu of any other

benefit provided in this section. The eligibility requirements, benefit

period and amount of the disability benefits provided pursuant to this

subsection shall be established by the board.



8. Definitions of disability and other rules and procedures necessary

for administration of the disability benefits provided pursuant to this

section shall be established by the board.



9. Any member receiving disability benefits pursuant to subsections 1

and 2 of this section shall receive the same cost-of-living increases as

granted to retired members pursuant to section 104.103.



10. The state highways and transportation commission shall contribute

the same amount as provided for all state employees for any person

receiving disability benefits pursuant to subsection 2 of this section for

medical insurance provided pursuant to section 104.270.



11. Any member who qualified for disability benefits pursuant to

subsection 2 or subsection 7 of this section shall continue to accrue

normal annuity benefits based on the member's rate of pay immediately prior

to the date the member became disabled in accordance with sections 104.090

and 104.615 as in effect on the earlier of the date the member reaches

normal retirement age or the date normal annuity payments commence.



12. A member who continues to be disabled as provided in subsection 2

or subsection 7 of this section shall continue to accrue creditable service

until the member reaches normal retirement age. The maximum benefits

period for benefits pursuant to subsections 2 and 7 of this section shall

be established by the board. A member who is eligible to retire and does

retire while receiving disability benefits pursuant to subsections 2 and 7

of this section shall receive the greater of the normal annuity or the

minimum annuity determined pursuant to sections 104.090 and 104.615, as if

the member had continued in the active employ of the employer until the

member's normal retirement age and the member's compensation for such

period had been the member's rate of pay immediately preceding the date the

member became disabled.



13. Any member who was receiving disability benefits from the board

prior to August 28, 1997, or any member who has submitted an application

for disability benefits before August 28, 1997, and would have been

eligible to receive benefits pursuant to the eligibility requirements which

were applicable at the time of application shall be eligible to receive or

shall continue to receive benefits in accordance with such prior

eligibility requirements until the member again becomes an employee.



14. Any member receiving disability benefits pursuant to subsection

1, subsection 2 or subsection 7 of this section shall be eligible to

receive death benefits pursuant to the provisions of subsection 1 of

section 104.140. The death benefits provided pursuant to this subsection

shall be in lieu of the death benefits available to the member pursuant to

subsection 2 of section 104.140.



15. The board is authorized to contract for benefits in lieu of the

benefits provided pursuant to this section.



16. To the extent that the board enters or has entered into any

contract with any insurer or service organization to provide the disability

benefits provided for pursuant to this section:



(1) The obligation to provide such disability benefits shall be

primarily that of the insurer or service organization and secondarily that

of the board;



(2) Any employee who has been denied disability benefits by the

insurer or service organization and has exhausted all appeal procedures

provided by the insurer or service organization may appeal such decision by

filing a petition against the insurer or service organization in a court of

law in the employee's county of residence; and



(3) The board and the system shall not be liable for the disability

benefits provided by an insurer or service organization pursuant to this

section and shall not be subject to any cause of action with regard to

disability benefits or the denial of disability benefits by the insurer or

service organization unless the employee has obtained judgment against the

insurer or service organization for disability benefits and the insurer or

service organization is unable to satisfy that judgment.



17. An employee may elect to waive the receipt of any disability

benefit provided for pursuant to this section at any time.



2002



104.110. 1. Any employee, regardless of the length of time of

creditable service, who is affirmatively found by the board to be wholly

incapable of performing the duties of the employee's or any other position

in the employee's department for which the employee is suited, shall be

entitled to receive disability benefits. The disability benefit provided

by this subsection shall equal one and six-tenths percent of the employee's

average compensation multiplied by the number of years of creditable

service of the member.



2. Any uniformed member of the highway patrol, highway patrol

employee or department of transportation employee, regardless of the length

of time of creditable service, who is found by the board to be disabled as

a result of injuries incurred in the performance of the employee's duties,

shall be entitled to receive an initial disability benefit in an amount

equal to seventy percent of the compensation that the employee was

receiving on the date preceding the date of disability; provided, however,

that the amount of the disability benefit, plus any primary Social Security

disability benefits received by such member shall not exceed ninety percent

of the monthly compensation such member was receiving on the date preceding

the date of disability.



3. Any disability benefits payable pursuant to this section shall be

decreased by any amount paid to such member for periodic disability

benefits by reason of the workers' compensation laws of this state. After

termination of payment under workers' compensation, however, disability

benefits shall be paid in the amount required by subsections 1, 2, 7, and 9

of this section.



4. The board of trustees may require a medical examination of a

disabled member at any time by a designated physician, and benefits shall

be discontinued if the board finds that such member is able to perform the

duties of the member's former position or if such member refuses to submit

to a medical examination. Any employee who applies for disability benefits

provided pursuant to this section shall provide medical certification

acceptable to the board which shall include the date the disability

commenced and the expected duration of the disability.



5. Any employee who applies for disability benefits pursuant to

subsections 2 and 7 of this section shall provide proof of application for

Social Security disability benefits. If Social Security disability

benefits are denied, the employee shall also provide proof that the

employee has requested reconsideration, and upon denial of the

reconsideration, that an appeal process is prosecuted.



6. The disability benefits provided in this section shall not be paid

to any member who retains or regains earning capacity as determined by the

board. If a member who has been receiving disability benefits again

becomes an employee, the member's disability benefits shall be

discontinued.



7. The board shall also provide or contract for long-term disability

benefits for those members whose disability exists or is diagnosed as being

of such nature as to exist for more than one year. The benefits provided

or contracted for pursuant to this subsection shall be in lieu of any other

benefit provided in this section. The eligibility requirements, benefit

period and amount of the disability benefits provided pursuant to this

subsection shall be established by the board.



8. Definitions of disability and other rules and procedures necessary

for administration of the disability benefits provided pursuant to this

section shall be established by the board.



9. Any member receiving disability benefits pursuant to subsections 1

and 2 of this section shall receive the same cost-of-living increases as

granted to retired members pursuant to section 104.130.



10. The state highways and transportation commission shall contribute

the same amount as provided for all state employees for any person

receiving disability benefits pursuant to subsection 2 of this section for

medical insurance provided pursuant to section 104.270.



11. Any member who qualified for disability benefits pursuant to

subsection 2 or subsection 7 of this section shall continue to accrue

normal annuity benefits based on the member's rate of pay immediately prior

to the date the member became disabled in accordance with sections 104.090

and 104.615 as in effect on the earlier of the date the member reaches

normal retirement age or the date normal annuity payments commence.



12. A member who continues to be disabled as provided in subsection 2

or subsection 7 of this section shall continue to accrue creditable service

until the member reaches normal retirement age. The maximum benefits

period for benefits pursuant to subsections 2 and 7 of this section shall

be established by the board. A member who is eligible to retire and does

retire while receiving disability benefits pursuant to subsections 2 and 7

of this section shall receive the greater of the normal annuity or the

minimum annuity determined pursuant to sections 104.090 and 104.615, as if

the member had continued in the active employ of the employer until the

member's normal retirement age and the member's compensation for such

period had been the member's rate of pay immediately preceding the date the

member became disabled.



13. Any member who was receiving disability benefits from the board

prior to August 28, 1997, or any member who has submitted an application

for disability benefits before August 28, 1997, and would have been

eligible to receive benefits pursuant to the eligibility requirements which

were applicable at the time of application shall be eligible to receive or

shall continue to receive benefits in accordance with such prior

eligibility requirements until the member again becomes an employee.



14. Any member receiving disability benefits pursuant to subsection

1, subsection 2 or subsection 7 of this section shall be eligible to

receive death benefits pursuant to the provisions of subsection 1 of

section 104.140. The death benefits provided pursuant to this subsection

shall be in lieu of the death benefits available to the member pursuant to

subsection 2 of section 104.140.



15. The board is authorized to contract for the benefits provided

pursuant to subsections 1 and 2 of this section.



1997



104.110. 1. Any employee, regardless of the length of time of

creditable service, who is affirmatively found by the board to be wholly

incapable of performing the duties of the employee's or any other position

in the employee's department for which the employee is suited, shall be

entitled to receive disability benefits. The disability benefit provided

by this subsection shall equal one and six-tenths percent of the employee's

average compensation multiplied by the number of years of creditable

service of the member.



2. Any uniformed member of the highway patrol, highway patrol

employee or department of transportation employee, regardless of the length

of time of creditable service, who is found by the board to be disabled as

a result of injuries incurred in the performance of the employee's duties,

shall be entitled to receive an initial disability benefit in an amount

equal to seventy percent of the compensation that the employee was

receiving on the date preceding the date of disability; provided, however,

that the amount of the disability benefit, plus any primary Social Security

disability benefits received by such member shall not exceed ninety percent

of the monthly compensation such member was receiving on the date preceding

the date of disability.



3. Any disability benefits payable pursuant to this section shall be

decreased by any amount paid to such member for periodic disability

benefits by reason of the workers' compensation laws of this state. After

termination of payment under workers' compensation, however, disability

benefits shall be paid in the amount required by subsections 1, 2, 8 and 10

of this section.



4. The board of trustees may require a medical examination of a

disabled member at any time by a designated physician, and benefits shall

be discontinued if the board finds that such member is able to perform the

duties of the member's former position or if such member refuses to submit

to a medical examination. Any employee who applies for disability benefits

provided pursuant to this section shall provide medical certification

acceptable to the board which shall include the date the disability

commenced and the expected duration of the disability.



5. Any employee who applies for disability benefits pursuant to

subsections 2 and 8 of this section shall provide proof of application for

Social Security disability benefits. If Social Security disability

benefits are denied, the employee shall also provide proof that the

employee has requested reconsideration, and upon denial of the

reconsideration, that an appeal process is prosecuted.



6. The disability benefits provided in this section shall not be paid

to any member who retains or regains earning capacity as determined by the

board. If a member who has been receiving disability benefits again

becomes an employee, the member's disability benefits shall be

discontinued.



7. Upon the completion of six months continuous service after

reemployment, the member shall have the member's prior period of creditable

service restored. Any subsequent determination of benefits due the member

or the member's survivors shall be based on the sum of the member's

creditable service accrued to the date the member's disability benefits

commenced and the period of creditable service after the member's return to

employment. Should the member again become disabled, retire, or terminate

employment within the six-month period after the member's return to work,

any benefits to which the member becomes entitled shall be based on the

member's service and compensation to the date disability benefits

originally began. There shall be no death benefits payable pursuant to

section 104.090 or pursuant to section 104.140 if the employee dies within

six months after the member's return to employment from disability. The

provision of this subsection shall not apply to a person receiving

disability benefits pursuant to subsection 2 of this section.



8. The board shall also provide or contract for long-term disability

benefits for those members whose disability exists or is diagnosed as being

of such nature as to exist for more than one year. The benefits provided

or contracted for pursuant to this subsection shall be in lieu of any other

benefit provided in this section. The eligibility requirements, benefit

period and amount of the disability benefits provided pursuant to this

subsection shall be established by the board.



9. Definitions of disability and other rules and procedures necessary

for administration of the disability benefits provided pursuant to this

section shall be established by the board.



10. Any member receiving disability benefits pursuant to subsections

1 and 2 of this section shall receive the same cost-of-living increases as

granted to retired members pursuant to section 104.130.



11. The state highways and transportation commission shall contribute

the same amount as provided for all state employees for any person

receiving disability benefits pursuant to subsection 2 of this section for

medical insurance provided pursuant to section 104.270.



12. Any member who qualified for disability benefits pursuant to

subsection 2 or subsection 8 of this section shall continue to accrue

normal annuity benefits based on the member's rate of pay immediately prior

to the date the member became disabled in accordance with sections 104.090

and 104.615 as in effect on the earlier of the date the member reaches

normal retirement age or the date normal annuity payments commence.



13. A member who continues to be disabled as provided in subsection 2

or subsection 8 of this section shall continue to accrue creditable service

until the member reaches normal retirement age. The maximum benefits

period for benefits pursuant to subsections 2 and 8 of this section shall

be established by the board. A member who is eligible to retire and does

retire while receiving disability benefits pursuant to subsections 2 and 8

of this section shall receive the greater of the normal annuity or the

minimum annuity determined pursuant to sections 104.090 and 104.615, as if

the member had continued in the active employ of the employer until the

member's normal retirement age and the member's compensation for such

period had been the member's rate of pay immediately preceding the date the

member became disabled.



14. Any member who was receiving disability benefits from the board

prior to August 28, 1997, or any member who has submitted an application

for disability benefits before August 28, 1997, and would have been

eligible to receive benefits pursuant to the eligibility requirements which

were applicable at the time of application shall be eligible to receive or

shall continue to receive benefits in accordance with such prior

eligibility requirements until the member again becomes an employee.



15. Any member receiving disability benefits pursuant to subsection 2

or subsection 8 of this section shall be eligible to receive death benefits

pursuant to the provisions of section 104.095 or subsection 2 of section

104.140. The death benefits provided pursuant to this subsection shall be

in lieu of the death benefits available to the member pursuant to

subsection 1 of section 104.140.



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