Disability benefits, who entitled, how calculated, terminatedwhen--medical examination required, when--proof of applicationfor Social Security benefits--death benefit, not payable,when--board to establish definitions--annuity benefits, accrual,election--death benefit, eligibility, when--disability and deathbenefits payable, when.
104.110. 1. Any employee, regardless of the length of time ofcreditable service, who is affirmatively found by the board to be whollyincapable of performing the duties of the employee's or any other positionin the employee's department for which the employee is suited, shall beentitled to receive disability benefits. The disability benefit providedby this subsection shall equal one and six-tenths percent of the employee'saverage compensation multiplied by the number of years of creditableservice of the member. Effective September 1, 2003, no employee iseligible for or shall request or apply for the disability benefit providedpursuant to this subsection.
2. Any uniformed member of the highway patrol, highway patrolemployee or department of transportation employee, regardless of the lengthof time of creditable service, who is found by the board to be disabled asa result of injuries incurred in the performance of the employee's duties,shall be entitled to receive an initial disability benefit in an amountequal to seventy percent of the compensation that the employee wasreceiving on the date preceding the date of disability; provided, however,that the amount of the disability benefit, plus any primary Social Securitydisability benefits received by such member shall not exceed ninety percentof the monthly compensation such member was receiving on the date precedingthe date of disability.
3. Any disability benefits payable pursuant to this section shall bedecreased by any amount paid to such member for periodic disabilitybenefits by reason of the workers' compensation laws of this state. Aftertermination of payment under workers' compensation, however, disabilitybenefits shall be paid in the amount required by subsections 1, 2, 7, and 9of this section.
4. The board of trustees may require a medical examination of adisabled member at any time by a designated physician, and benefits shallbe discontinued if the board finds that such member is able to perform theduties of the member's former position or if such member refuses to submitto a medical examination. Any employee who applies for disability benefitsprovided pursuant to this section shall provide medical certificationacceptable to the board which shall include the date the disabilitycommenced and the expected duration of the disability.
5. Any employee who applies for disability benefits pursuant tosubsections 2 and 7 of this section shall provide proof of application forSocial Security disability benefits. If Social Security disabilitybenefits are denied, the employee shall also provide proof that theemployee has requested reconsideration, and upon denial of thereconsideration, that an appeal process is prosecuted.
6. The disability benefits provided in this section shall not be paidto any member who retains or regains earning capacity as determined by theboard. If a member who has been receiving disability benefits againbecomes an employee, the member's disability benefits shall bediscontinued.
7. The board shall also provide or contract for long-term disabilitybenefits for those members whose disability exists or is diagnosed as beingof such nature as to exist for more than one year. The benefits providedor contracted for pursuant to this subsection shall be in lieu of any otherbenefit provided in this section. The eligibility requirements, benefitperiod and amount of the disability benefits provided pursuant to thissubsection shall be established by the board.
8. Definitions of disability and other rules and procedures necessaryfor administration of the disability benefits provided pursuant to thissection shall be established by the board.
9. Any member receiving disability benefits pursuant to subsections 1and 2 of this section shall receive the same cost-of-living increases asgranted to retired members pursuant to section 104.103.
10. The state highways and transportation commission shall contributethe same amount as provided for all state employees for any personreceiving disability benefits pursuant to subsection 2 of this section formedical insurance provided pursuant to section 104.270.
11. Any member who qualified for disability benefits pursuant tosubsection 2 or subsection 7 of this section shall continue to accruenormal annuity benefits based on the member's rate of pay immediately priorto the date the member became disabled in accordance with sections 104.090and 104.615 as in effect on the earlier of the date the member reachesnormal retirement age or the date normal annuity payments commence.
12. A member who continues to be disabled as provided in subsection 2or subsection 7 of this section shall continue to accrue creditable serviceuntil the member reaches normal retirement age. The maximum benefitsperiod for benefits pursuant to subsections 2 and 7 of this section shallbe established by the board. A member who is eligible to retire and doesretire while receiving disability benefits pursuant to subsections 2 and 7of this section shall receive the greater of the normal annuity or theminimum annuity determined pursuant to sections 104.090 and 104.615, as ifthe member had continued in the active employ of the employer until themember's normal retirement age and the member's compensation for suchperiod had been the member's rate of pay immediately preceding the date themember became disabled.
13. Any member who was receiving disability benefits from the boardprior to August 28, 1997, or any member who has submitted an applicationfor disability benefits before August 28, 1997, and would have beeneligible to receive benefits pursuant to the eligibility requirements whichwere applicable at the time of application shall be eligible to receive orshall continue to receive benefits in accordance with such prioreligibility requirements until the member again becomes an employee.
14. Any member receiving disability benefits pursuant to subsection1, subsection 2 or subsection 7 of this section shall be eligible toreceive death benefits pursuant to the provisions of subsection 1 ofsection 104.140. The death benefits provided pursuant to this subsectionshall be in lieu of the death benefits available to the member pursuant tosubsection 2 of section 104.140.
15. The board is authorized to contract for benefits in lieu of thebenefits provided pursuant to this section.
16. To the extent that the board enters or has entered into anycontract with any insurer or service organization to provide the disabilitybenefits provided for pursuant to this section:
(1) The obligation to provide such disability benefits shall beprimarily that of the insurer or service organization and secondarily thatof the board;
(2) Any employee who has been denied disability benefits by theinsurer or service organization and has exhausted all appeal proceduresprovided by the insurer or service organization may appeal such decision byfiling a petition against the insurer or service organization in a court oflaw in the employee's county of residence; and
(3) The board and the system shall not be liable for the disabilitybenefits provided by an insurer or service organization pursuant to thissection and shall not be subject to any cause of action with regard todisability benefits or the denial of disability benefits by the insurer orservice organization unless the employee has obtained judgment against theinsurer or service organization for disability benefits and the insurer orservice organization is unable to satisfy that judgment.
17. An employee may elect to waive the receipt of any disabilitybenefit provided for pursuant to this section at any time.
18. Any member receiving disability benefits pursuant to subsections1 and 2 of this section shall be eligible for a death benefit of fivethousand dollars in addition to any benefits under subsection 14 of thissection.
Disability benefits, who entitled, how calculated, terminatedwhen--medical examination required, when--proof of applicationfor Social Security benefits--death benefit, not payable,when--board to establish definitions--annuity benefits, accrual,election--death benefit, eligibility, when--disability and deathbenefits payable, when.
104.110. 1. Any employee, regardless of the length of time ofcreditable service, who is affirmatively found by the board to be whollyincapable of performing the duties of the employee's or any other positionin the employee's department for which the employee is suited, shall beentitled to receive disability benefits. The disability benefit providedby this subsection shall equal one and six-tenths percent of the employee'saverage compensation multiplied by the number of years of creditableservice of the member. Effective September 1, 2003, no employee iseligible for or shall request or apply for the disability benefit providedpursuant to this subsection.
2. Any uniformed member of the highway patrol, highway patrolemployee or department of transportation employee, regardless of the lengthof time of creditable service, who is found by the board to be disabled asa result of injuries incurred in the performance of the employee's duties,shall be entitled to receive an initial disability benefit in an amountequal to seventy percent of the compensation that the employee wasreceiving on the date preceding the date of disability; provided, however,that the amount of the disability benefit, plus any primary Social Securitydisability benefits received by such member shall not exceed ninety percentof the monthly compensation such member was receiving on the date precedingthe date of disability.
3. Any disability benefits payable pursuant to this section shall bedecreased by any amount paid to such member for periodic disabilitybenefits by reason of the workers' compensation laws of this state. Aftertermination of payment under workers' compensation, however, disabilitybenefits shall be paid in the amount required by subsections 1, 2, 7, and 9of this section.
4. The board of trustees may require a medical examination of adisabled member at any time by a designated physician, and benefits shallbe discontinued if the board finds that such member is able to perform theduties of the member's former position or if such member refuses to submitto a medical examination. Any employee who applies for disability benefitsprovided pursuant to this section shall provide medical certificationacceptable to the board which shall include the date the disabilitycommenced and the expected duration of the disability.
5. Any employee who applies for disability benefits pursuant tosubsections 2 and 7 of this section shall provide proof of application forSocial Security disability benefits. If Social Security disabilitybenefits are denied, the employee shall also provide proof that theemployee has requested reconsideration, and upon denial of thereconsideration, that an appeal process is prosecuted.
6. The disability benefits provided in this section shall not be paidto any member who retains or regains earning capacity as determined by theboard. If a member who has been receiving disability benefits againbecomes an employee, the member's disability benefits shall bediscontinued.
7. The board shall also provide or contract for long-term disabilitybenefits for those members whose disability exists or is diagnosed as beingof such nature as to exist for more than one year. The benefits providedor contracted for pursuant to this subsection shall be in lieu of any otherbenefit provided in this section. The eligibility requirements, benefitperiod and amount of the disability benefits provided pursuant to thissubsection shall be established by the board.
8. Definitions of disability and other rules and procedures necessaryfor administration of the disability benefits provided pursuant to thissection shall be established by the board.
9. Any member receiving disability benefits pursuant to subsections 1and 2 of this section shall receive the same cost-of-living increases asgranted to retired members pursuant to section 104.103.
10. The state highways and transportation commission shall contributethe same amount as provided for all state employees for any personreceiving disability benefits pursuant to subsection 2 of this section formedical insurance provided pursuant to section 104.270.
11. Any member who qualified for disability benefits pursuant tosubsection 2 or subsection 7 of this section shall continue to accruenormal annuity benefits based on the member's rate of pay immediately priorto the date the member became disabled in accordance with sections 104.090and 104.615 as in effect on the earlier of the date the member reachesnormal retirement age or the date normal annuity payments commence.
12. A member who continues to be disabled as provided in subsection 2or subsection 7 of this section shall continue to accrue creditable serviceuntil the member reaches normal retirement age. The maximum benefitsperiod for benefits pursuant to subsections 2 and 7 of this section shallbe established by the board. A member who is eligible to retire and doesretire while receiving disability benefits pursuant to subsections 2 and 7of this section shall receive the greater of the normal annuity or theminimum annuity determined pursuant to sections 104.090 and 104.615, as ifthe member had continued in the active employ of the employer until themember's normal retirement age and the member's compensation for suchperiod had been the member's rate of pay immediately preceding the date themember became disabled.
13. Any member who was receiving disability benefits from the boardprior to August 28, 1997, or any member who has submitted an applicationfor disability benefits before August 28, 1997, and would have beeneligible to receive benefits pursuant to the eligibility requirements whichwere applicable at the time of application shall be eligible to receive orshall continue to receive benefits in accordance with such prioreligibility requirements until the member again becomes an employee.
14. Any member receiving disability benefits pursuant to subsection1, subsection 2 or subsection 7 of this section shall be eligible toreceive death benefits pursuant to the provisions of subsection 1 ofsection 104.140. The death benefits provided pursuant to this subsectionshall be in lieu of the death benefits available to the member pursuant tosubsection 2 of section 104.140.
15. The board is authorized to contract for benefits in lieu of thebenefits provided pursuant to this section.
16. To the extent that the board enters or has entered into anycontract with any insurer or service organization to provide the disabilitybenefits provided for pursuant to this section:
(1) The obligation to provide such disability benefits shall beprimarily that of the insurer or service organization and secondarily thatof the board;
(2) Any employee who has been denied disability benefits by theinsurer or service organization and has exhausted all appeal proceduresprovided by the insurer or service organization may appeal such decision byfiling a petition against the insurer or service organization in a court oflaw in the employee's county of residence; and
(3) The board and the system shall not be liable for the disabilitybenefits provided by an insurer or service organization pursuant to thissection and shall not be subject to any cause of action with regard todisability benefits or the denial of disability benefits by the insurer orservice organization unless the employee has obtained judgment against theinsurer or service organization for disability benefits and the insurer orservice organization is unable to satisfy that judgment.
17. An employee may elect to waive the receipt of any disabilitybenefit provided for pursuant to this section at any time.
18. Any member receiving disability benefits pursuant to subsections1 and 2 of this section shall be eligible for a death benefit of fivethousand dollars in addition to any benefits under subsection 14 of thissection.
Disability benefits, who entitled, how calculated, terminatedwhen--medical examination required, when--proof of applicationfor Social Security benefits--death benefit, not payable,when--board to establish definitions--annuity benefits, accrual,election--death benefit, eligibility, when--disability and deathbenefits payable, when.
104.110. 1. Any employee, regardless of the length of time ofcreditable service, who is affirmatively found by the board to be whollyincapable of performing the duties of the employee's or any other positionin the employee's department for which the employee is suited, shall beentitled to receive disability benefits. The disability benefit providedby this subsection shall equal one and six-tenths percent of the employee'saverage compensation multiplied by the number of years of creditableservice of the member. Effective September 1, 2003, no employee iseligible for or shall request or apply for the disability benefit providedpursuant to this subsection.
2. Any uniformed member of the highway patrol, highway patrolemployee or department of transportation employee, regardless of the lengthof time of creditable service, who is found by the board to be disabled asa result of injuries incurred in the performance of the employee's duties,shall be entitled to receive an initial disability benefit in an amountequal to seventy percent of the compensation that the employee wasreceiving on the date preceding the date of disability; provided, however,that the amount of the disability benefit, plus any primary Social Securitydisability benefits received by such member shall not exceed ninety percentof the monthly compensation such member was receiving on the date precedingthe date of disability.
3. Any disability benefits payable pursuant to this section shall bedecreased by any amount paid to such member for periodic disabilitybenefits by reason of the workers' compensation laws of this state. Aftertermination of payment under workers' compensation, however, disabilitybenefits shall be paid in the amount required by subsections 1, 2, 7, and 9of this section.
4. The board of trustees may require a medical examination of adisabled member at any time by a designated physician, and benefits shallbe discontinued if the board finds that such member is able to perform theduties of the member's former position or if such member refuses to submitto a medical examination. Any employee who applies for disability benefitsprovided pursuant to this section shall provide medical certificationacceptable to the board which shall include the date the disabilitycommenced and the expected duration of the disability.
5. Any employee who applies for disability benefits pursuant tosubsections 2 and 7 of this section shall provide proof of application forSocial Security disability benefits. If Social Security disabilitybenefits are denied, the employee shall also provide proof that theemployee has requested reconsideration, and upon denial of thereconsideration, that an appeal process is prosecuted.
6. The disability benefits provided in this section shall not be paidto any member who retains or regains earning capacity as determined by theboard. If a member who has been receiving disability benefits againbecomes an employee, the member's disability benefits shall bediscontinued.
7. The board shall also provide or contract for long-term disabilitybenefits for those members whose disability exists or is diagnosed as beingof such nature as to exist for more than one year. The benefits providedor contracted for pursuant to this subsection shall be in lieu of any otherbenefit provided in this section. The eligibility requirements, benefitperiod and amount of the disability benefits provided pursuant to thissubsection shall be established by the board.
8. Definitions of disability and other rules and procedures necessaryfor administration of the disability benefits provided pursuant to thissection shall be established by the board.
9. Any member receiving disability benefits pursuant to subsections 1and 2 of this section shall receive the same cost-of-living increases asgranted to retired members pursuant to section 104.103.
10. The state highways and transportation commission shall contributethe same amount as provided for all state employees for any personreceiving disability benefits pursuant to subsection 2 of this section formedical insurance provided pursuant to section 104.270.
11. Any member who qualified for disability benefits pursuant tosubsection 2 or subsection 7 of this section shall continue to accruenormal annuity benefits based on the member's rate of pay immediately priorto the date the member became disabled in accordance with sections 104.090and 104.615 as in effect on the earlier of the date the member reachesnormal retirement age or the date normal annuity payments commence.
12. A member who continues to be disabled as provided in subsection 2or subsection 7 of this section shall continue to accrue creditable serviceuntil the member reaches normal retirement age. The maximum benefitsperiod for benefits pursuant to subsections 2 and 7 of this section shallbe established by the board. A member who is eligible to retire and doesretire while receiving disability benefits pursuant to subsections 2 and 7of this section shall receive the greater of the normal annuity or theminimum annuity determined pursuant to sections 104.090 and 104.615, as ifthe member had continued in the active employ of the employer until themember's normal retirement age and the member's compensation for suchperiod had been the member's rate of pay immediately preceding the date themember became disabled.
13. Any member who was receiving disability benefits from the boardprior to August 28, 1997, or any member who has submitted an applicationfor disability benefits before August 28, 1997, and would have beeneligible to receive benefits pursuant to the eligibility requirements whichwere applicable at the time of application shall be eligible to receive orshall continue to receive benefits in accordance with such prioreligibility requirements until the member again becomes an employee.
14. Any member receiving disability benefits pursuant to subsection1, subsection 2 or subsection 7 of this section shall be eligible toreceive death benefits pursuant to the provisions of subsection 1 ofsection 104.140. The death benefits provided pursuant to this subsectionshall be in lieu of the death benefits available to the member pursuant tosubsection 2 of section 104.140.
15. The board is authorized to contract for benefits in lieu of thebenefits provided pursuant to this section.
16. To the extent that the board enters or has entered into anycontract with any insurer or service organization to provide the disabilitybenefits provided for pursuant to this section:
(1) The obligation to provide such disability benefits shall beprimarily that of the insurer or service organization and secondarily thatof the board;
(2) Any employee who has been denied disability benefits by theinsurer or service organization and has exhausted all appeal proceduresprovided by the insurer or service organization may appeal such decision byfiling a petition against the insurer or service organization in a court oflaw in the employee's county of residence; and
(3) The board and the system shall not be liable for the disabilitybenefits provided by an insurer or service organization pursuant to thissection and shall not be subject to any cause of action with regard todisability benefits or the denial of disability benefits by the insurer orservice organization unless the employee has obtained judgment against theinsurer or service organization for disability benefits and the insurer orservice organization is unable to satisfy that judgment.
17. An employee may elect to waive the receipt of any disabilitybenefit provided for pursuant to this section at any time.
18. Any member receiving disability benefits pursuant to subsections1 and 2 of this section shall be eligible for a death benefit of fivethousand dollars in addition to any benefits under subsection 14 of thissection.
