104.1093. Designation of an agent--benefit recipient defined--revocation of agent's authority. - Missouri Statutes

Designation of an agent--benefit recipient defined--revocation ofagent's authority.

104.1093. 1. For purposes of this section, the term "benefitrecipient" shall include any employee, beneficiary or retiree pursuant tosections 104.010 to 104.1093, any administrative law judge, legal advisoror beneficiary as defined pursuant to section 287.812, RSMo, or any judgeor beneficiary as defined pursuant to section 476.515, RSMo, or any specialcommissioner pursuant to section 476.450, RSMo.

2. Notwithstanding any provision of law to the contrary, any benefitrecipient may designate an agent who shall have the same authority as anagent pursuant to a durable power of attorney pursuant to sections 404.700to 404.737, RSMo, with regard to the application for and receipt of anannuity or any other benefits. The authority of such agent may be revokedat any time by such benefit recipient. The authority of such agent shallnot terminate if such benefit recipient becomes disabled or incapacitated.The designation shall be effective only upon the disability or incapacityof the benefit recipient as determined by that person's physician andcommunicated in writing to the system.

3. In the event a benefit recipient becomes disabled or incapacitatedand has not designated an agent pursuant to subsection 2 of this section,the following persons may act as agent as described in subsection 2 of thissection upon submission of a written statement from a physician determiningthat the benefit recipient is disabled or incapacitated:

(1) The spouse of the benefit recipient;

(2) If the spouse is unavailable, to a child of the benefitrecipient;

(3) If no child is available, to a parent of the benefit recipient;

(4) If no parent is available, to a brother or sister of the benefitrecipient; or

(5) If no brother or sister is available, to a niece, nephew, or agrandchild of the benefit recipient.

4. The system shall not be liable with regard to any payment made ingood faith pursuant to this section.

(L. 1999 S.B. 308 & 314, A.L. 2001 S.B. 371, A.L. 2002 H.B. 1455, A.L. 2003 S.B. 248, et al.)