Disability benefits, who entitled, eligibility--howcalculated--eligibility requirements--disabled, a normal retiree,when--termination of disability, effect.
104.410. 1. Any uniformed member of the water patrol who shall beaffirmatively found by the board to be wholly and permanently incapable ofholding any position of gainful employment as a result of injuries orillness incurred in the performance of the member's duties shall beentitled to receive disability benefits in an amount equal to one-half ofthe compensation that the employee was receiving at the time of theoccurrence of the injury entitling the employee to such disabilitybenefits. Any disability benefit payable pursuant to this subsection shallbe decreased by any amount paid to such uniformed member of the waterpatrol by reason of the workers' compensation laws of this state. Aftertermination of payment under workers' compensation, however, any suchreduction and disability benefits shall be restored.
2. The board of trustees may require a medical examination of anyuniformed member of the water patrol who is receiving disability benefitspursuant to this section at any time by a designated physician, anddisability benefits shall be discontinued if the board finds that suchmember is able to perform the duties of the member's former position, or ifsuch member refuses to submit to such an examination.
3. The disability benefits described in this section shall not bepaid to any uniformed member of the water patrol who has retained orregained more than fifty percent of the member's earning capacity. If anyuniformed member of the water patrol who has been receiving disabilitybenefits again becomes an employee, the member's disability benefits shallbe discontinued, the member's prior period of creditable service shall berestored, and any subsequent determination of benefits due the member orthe member's survivors shall be based on the sum of the member's creditableservice accrued to the date the member's disability benefits commenced andthe period of creditable service after the member's return to employment.
4. Any uniformed member of the water patrol receiving benefitspursuant to the provisions of this section for five or more yearsimmediately prior to attainment of age fifty-five shall be considered anormal retirant at age fifty-five, and may elect, within thirty dayspreceding the attainment of age fifty-five, option 1 of section 104.395,but only for the member's spouse who was the member's spouse for two ormore years prior to the member's attainment of age fifty-five.
5. Any member who is receiving disability benefits as of December 31,1985, or any member who is disabled on December 31, 1985, and would havebeen entitled to receive disability benefits pursuant to this section asthe provisions of this section existed immediately prior to September 28,1985, shall be eligible to receive or shall continue to receive benefits inaccordance with such prior provisions of this section until the memberagain becomes an employee; however, all employees of the department ofconservation who are disabled shall receive benefits pursuant only to thissection or section 104.518, whichever is applicable, and shall not beeligible for benefits under any other plan or program purchased or providedafter September 28, 1985.
6. Any member who qualifies for disability benefits pursuant tosubsection 1 of this section or pursuant to the provisions of section104.518, or under a long-term disability program provided by the member'semploying department as a consequence of employment by the department,shall continue to accrue creditable service based on the member's rate ofpay immediately prior to the date the member became disabled in accordancewith sections 104.370, 104.371, 104.374 and 104.615, until the date themember's retirement benefit goes into pay status, the disability benefitscease being paid to the member, or the member is no longer disabled,whichever comes first. Persons covered by the provisions of sections476.515 to 476.565, RSMo, or sections 287.812 to 287.855, RSMo, who qualifyfor disability benefits pursuant to the provisions of section 104.518, atthe date the person becomes disabled, shall continue to accrue creditableservice based on the person's rate of pay immediately prior to the date theperson becomes disabled until the date the person's retirement benefit goesinto pay status, the disability benefits cease being paid to the person orthe person is no longer disabled, whichever comes first. Members orpersons continuing to accrue creditable service pursuant to this subsectionshall be entitled to continue their life insurance coverage subject to theprovisions of the life insurance plan administered by the board pursuant tosection 104.517. The rate of pay for purposes of calculating retirementbenefits for a member or person described in this subsection who becomesdisabled and retires on or after August 28, 1999, shall be the member's orperson's regular monthly compensation received at the time of disablement,increased thereafter for any increases in the consumer price index. Suchincreases in the member's monthly pay shall be made annually beginningtwelve months after disablement and shall be equal to eighty percent of theincrease in the consumer price index during the calendar year prior to theadjustment, but not more than five percent of the member's monthly payimmediately before the increase. Such accruals shall continue until theearliest of: receipt of an early retirement annuity, attainment of normalretirement eligibility or termination of disability benefits.
7. A member or person who continues to be disabled as provided insubsection 6 of this section until the member's normal retirement age shallbe eligible to retire on the first day of the month next following themember's or person's final payment pursuant to section 104.518 or, ifapplicable, subsection 1 of this section. A member or person who retirespursuant to this subsection shall receive the greater of the normal annuityor the minimum annuity, if applicable, determined pursuant to sections104.370, 104.371, 104.374 and 104.615, and section 287.820, RSMo, andsection 476.530, RSMo, as if the member or person had continued in theactive employ of the employer until the member's or person's retirementbenefit goes into pay status, the disability benefits cease being paid tothe member or person, or the member or person is no longer disabled,whichever comes first and the member's or person's compensation for suchperiod had been the member's or person's rate of pay immediately precedingthe date the member or person became disabled.
8. If a member who has been disabled becomes an employee again and ifthe member was disabled during the entire period of the member's absence,then the member shall resume active participation as of the date ofreemployment. Such a member shall receive creditable service for theentire period the member was disabled as provided in subsection 6 of thissection.
9. If a member ceases to be disabled and if the member does notreturn to work as provided in subsection 8 of this section, the member'srights to further benefits shall be determined in accordance with sections104.335, 104.380, 104.400, 104.420 and 104.615 as though the member hadwithdrawn from service as of the date the member ceased to be disabled, asdetermined by the system.
Disability benefits, who entitled, eligibility--howcalculated--eligibility requirements--disabled, a normal retiree,when--termination of disability, effect.
104.410. 1. Any uniformed member of the water patrol who shall beaffirmatively found by the board to be wholly and permanently incapable ofholding any position of gainful employment as a result of injuries orillness incurred in the performance of the member's duties shall beentitled to receive disability benefits in an amount equal to one-half ofthe compensation that the employee was receiving at the time of theoccurrence of the injury entitling the employee to such disabilitybenefits. Any disability benefit payable pursuant to this subsection shallbe decreased by any amount paid to such uniformed member of the waterpatrol by reason of the workers' compensation laws of this state. Aftertermination of payment under workers' compensation, however, any suchreduction and disability benefits shall be restored.
2. The board of trustees may require a medical examination of anyuniformed member of the water patrol who is receiving disability benefitspursuant to this section at any time by a designated physician, anddisability benefits shall be discontinued if the board finds that suchmember is able to perform the duties of the member's former position, or ifsuch member refuses to submit to such an examination.
3. The disability benefits described in this section shall not bepaid to any uniformed member of the water patrol who has retained orregained more than fifty percent of the member's earning capacity. If anyuniformed member of the water patrol who has been receiving disabilitybenefits again becomes an employee, the member's disability benefits shallbe discontinued, the member's prior period of creditable service shall berestored, and any subsequent determination of benefits due the member orthe member's survivors shall be based on the sum of the member's creditableservice accrued to the date the member's disability benefits commenced andthe period of creditable service after the member's return to employment.
4. Any uniformed member of the water patrol receiving benefitspursuant to the provisions of this section for five or more yearsimmediately prior to attainment of age fifty-five shall be considered anormal retirant at age fifty-five, and may elect, within thirty dayspreceding the attainment of age fifty-five, option 1 of section 104.395,but only for the member's spouse who was the member's spouse for two ormore years prior to the member's attainment of age fifty-five.
5. Any member who is receiving disability benefits as of December 31,1985, or any member who is disabled on December 31, 1985, and would havebeen entitled to receive disability benefits pursuant to this section asthe provisions of this section existed immediately prior to September 28,1985, shall be eligible to receive or shall continue to receive benefits inaccordance with such prior provisions of this section until the memberagain becomes an employee; however, all employees of the department ofconservation who are disabled shall receive benefits pursuant only to thissection or section 104.518, whichever is applicable, and shall not beeligible for benefits under any other plan or program purchased or providedafter September 28, 1985.
6. Any member who qualifies for disability benefits pursuant tosubsection 1 of this section or pursuant to the provisions of section104.518, or under a long-term disability program provided by the member'semploying department as a consequence of employment by the department,shall continue to accrue creditable service based on the member's rate ofpay immediately prior to the date the member became disabled in accordancewith sections 104.370, 104.371, 104.374 and 104.615, until the date themember's retirement benefit goes into pay status, the disability benefitscease being paid to the member, or the member is no longer disabled,whichever comes first. Persons covered by the provisions of sections476.515 to 476.565, RSMo, or sections 287.812 to 287.855, RSMo, who qualifyfor disability benefits pursuant to the provisions of section 104.518, atthe date the person becomes disabled, shall continue to accrue creditableservice based on the person's rate of pay immediately prior to the date theperson becomes disabled until the date the person's retirement benefit goesinto pay status, the disability benefits cease being paid to the person orthe person is no longer disabled, whichever comes first. Members orpersons continuing to accrue creditable service pursuant to this subsectionshall be entitled to continue their life insurance coverage subject to theprovisions of the life insurance plan administered by the board pursuant tosection 104.517. The rate of pay for purposes of calculating retirementbenefits for a member or person described in this subsection who becomesdisabled and retires on or after August 28, 1999, shall be the member's orperson's regular monthly compensation received at the time of disablement,increased thereafter for any increases in the consumer price index. Suchincreases in the member's monthly pay shall be made annually beginningtwelve months after disablement and shall be equal to eighty percent of theincrease in the consumer price index during the calendar year prior to theadjustment, but not more than five percent of the member's monthly payimmediately before the increase. Such accruals shall continue until theearliest of: receipt of an early retirement annuity, attainment of normalretirement eligibility or termination of disability benefits.
7. A member or person who continues to be disabled as provided insubsection 6 of this section until the member's normal retirement age shallbe eligible to retire on the first day of the month next following themember's or person's final payment pursuant to section 104.518 or, ifapplicable, subsection 1 of this section. A member or person who retirespursuant to this subsection shall receive the greater of the normal annuityor the minimum annuity, if applicable, determined pursuant to sections104.370, 104.371, 104.374 and 104.615, and section 287.820, RSMo, andsection 476.530, RSMo, as if the member or person had continued in theactive employ of the employer until the member's or person's retirementbenefit goes into pay status, the disability benefits cease being paid tothe member or person, or the member or person is no longer disabled,whichever comes first and the member's or person's compensation for suchperiod had been the member's or person's rate of pay immediately precedingthe date the member or person became disabled.
8. If a member who has been disabled becomes an employee again and ifthe member was disabled during the entire period of the member's absence,then the member shall resume active participation as of the date ofreemployment. Such a member shall receive creditable service for theentire period the member was disabled as provided in subsection 6 of thissection.
9. If a member ceases to be disabled and if the member does notreturn to work as provided in subsection 8 of this section, the member'srights to further benefits shall be determined in accordance with sections104.335, 104.380, 104.400, 104.420 and 104.615 as though the member hadwithdrawn from service as of the date the member ceased to be disabled, asdetermined by the system.
Disability benefits, who entitled, eligibility--howcalculated--eligibility requirements--disabled, a normal retiree,when--termination of disability, effect.
104.410. 1. Any uniformed member of the water patrol who shall beaffirmatively found by the board to be wholly and permanently incapable ofholding any position of gainful employment as a result of injuries orillness incurred in the performance of the member's duties shall beentitled to receive disability benefits in an amount equal to one-half ofthe compensation that the employee was receiving at the time of theoccurrence of the injury entitling the employee to such disabilitybenefits. Any disability benefit payable pursuant to this subsection shallbe decreased by any amount paid to such uniformed member of the waterpatrol by reason of the workers' compensation laws of this state. Aftertermination of payment under workers' compensation, however, any suchreduction and disability benefits shall be restored.
2. The board of trustees may require a medical examination of anyuniformed member of the water patrol who is receiving disability benefitspursuant to this section at any time by a designated physician, anddisability benefits shall be discontinued if the board finds that suchmember is able to perform the duties of the member's former position, or ifsuch member refuses to submit to such an examination.
3. The disability benefits described in this section shall not bepaid to any uniformed member of the water patrol who has retained orregained more than fifty percent of the member's earning capacity. If anyuniformed member of the water patrol who has been receiving disabilitybenefits again becomes an employee, the member's disability benefits shallbe discontinued, the member's prior period of creditable service shall berestored, and any subsequent determination of benefits due the member orthe member's survivors shall be based on the sum of the member's creditableservice accrued to the date the member's disability benefits commenced andthe period of creditable service after the member's return to employment.
4. Any uniformed member of the water patrol receiving benefitspursuant to the provisions of this section for five or more yearsimmediately prior to attainment of age fifty-five shall be considered anormal retirant at age fifty-five, and may elect, within thirty dayspreceding the attainment of age fifty-five, option 1 of section 104.395,but only for the member's spouse who was the member's spouse for two ormore years prior to the member's attainment of age fifty-five.
5. Any member who is receiving disability benefits as of December 31,1985, or any member who is disabled on December 31, 1985, and would havebeen entitled to receive disability benefits pursuant to this section asthe provisions of this section existed immediately prior to September 28,1985, shall be eligible to receive or shall continue to receive benefits inaccordance with such prior provisions of this section until the memberagain becomes an employee; however, all employees of the department ofconservation who are disabled shall receive benefits pursuant only to thissection or section 104.518, whichever is applicable, and shall not beeligible for benefits under any other plan or program purchased or providedafter September 28, 1985.
6. Any member who qualifies for disability benefits pursuant tosubsection 1 of this section or pursuant to the provisions of section104.518, or under a long-term disability program provided by the member'semploying department as a consequence of employment by the department,shall continue to accrue creditable service based on the member's rate ofpay immediately prior to the date the member became disabled in accordancewith sections 104.370, 104.371, 104.374 and 104.615, until the date themember's retirement benefit goes into pay status, the disability benefitscease being paid to the member, or the member is no longer disabled,whichever comes first. Persons covered by the provisions of sections476.515 to 476.565, RSMo, or sections 287.812 to 287.855, RSMo, who qualifyfor disability benefits pursuant to the provisions of section 104.518, atthe date the person becomes disabled, shall continue to accrue creditableservice based on the person's rate of pay immediately prior to the date theperson becomes disabled until the date the person's retirement benefit goesinto pay status, the disability benefits cease being paid to the person orthe person is no longer disabled, whichever comes first. Members orpersons continuing to accrue creditable service pursuant to this subsectionshall be entitled to continue their life insurance coverage subject to theprovisions of the life insurance plan administered by the board pursuant tosection 104.517. The rate of pay for purposes of calculating retirementbenefits for a member or person described in this subsection who becomesdisabled and retires on or after August 28, 1999, shall be the member's orperson's regular monthly compensation received at the time of disablement,increased thereafter for any increases in the consumer price index. Suchincreases in the member's monthly pay shall be made annually beginningtwelve months after disablement and shall be equal to eighty percent of theincrease in the consumer price index during the calendar year prior to theadjustment, but not more than five percent of the member's monthly payimmediately before the increase. Such accruals shall continue until theearliest of: receipt of an early retirement annuity, attainment of normalretirement eligibility or termination of disability benefits.
7. A member or person who continues to be disabled as provided insubsection 6 of this section until the member's normal retirement age shallbe eligible to retire on the first day of the month next following themember's or person's final payment pursuant to section 104.518 or, ifapplicable, subsection 1 of this section. A member or person who retirespursuant to this subsection shall receive the greater of the normal annuityor the minimum annuity, if applicable, determined pursuant to sections104.370, 104.371, 104.374 and 104.615, and section 287.820, RSMo, andsection 476.530, RSMo, as if the member or person had continued in theactive employ of the employer until the member's or person's retirementbenefit goes into pay status, the disability benefits cease being paid tothe member or person, or the member or person is no longer disabled,whichever comes first and the member's or person's compensation for suchperiod had been the member's or person's rate of pay immediately precedingthe date the member or person became disabled.
8. If a member who has been disabled becomes an employee again and ifthe member was disabled during the entire period of the member's absence,then the member shall resume active participation as of the date ofreemployment. Such a member shall receive creditable service for theentire period the member was disabled as provided in subsection 6 of thissection.
9. If a member ceases to be disabled and if the member does notreturn to work as provided in subsection 8 of this section, the member'srights to further benefits shall be determined in accordance with sections104.335, 104.380, 104.400, 104.420 and 104.615 as though the member hadwithdrawn from service as of the date the member ceased to be disabled, asdetermined by the system.
