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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