104.518. Disability income benefits, employees covered--certain members of water patrol eligible.

MISSOURI STATUTES AND CODES

104.518. Disability income benefits, employees covered--certain members of water patrol eligible.

Disability income benefits, employees covered--certain members ofwater patrol eligible.

104.518. 1. The board shall provide or contract, or both, fordisability income benefits for employees pursuant to sections 104.320 to104.540, and persons covered by the provisions of sections 287.812 to287.855, RSMo, and an employee covered pursuant to the provisions ofsubdivision (4) of subsection 1 of section 476.515, RSMo, as follows:

(1) Members of the water patrol who qualify for receiving benefitspursuant to subsection 1 of section 104.410 are not eligible for benefitspursuant to this section. Members of the water patrol who do not qualifyfor receiving benefits pursuant to subsection 1 of section 104.410 areeligible for benefits pursuant to this section;

(2) Effective January 1, 1986, employees other than members of thewater patrol who qualify for receiving benefits pursuant to subsection 1 ofsection 104.410 shall be eligible for coverage on the first of the monthfollowing the date of employment;

(3) Definitions of disability and other rules and proceduresnecessary for the operation and administration of the disability benefitshall be established by the board provided that such definitions, rules andprocedures may be established in any contract between the board and anyinsurer or service organization to provide the disability benefits providedfor pursuant to this section or in any policy issued to the board by suchinsurer or service organization;

(4) An employee may elect to waive the receipt of the disabilitybenefit provided for pursuant to this section at any time.

2. 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 member who has been denied disability benefits by the insureror service organization and has exhausted all appeal procedures provided bythe insurer or service organization may appeal such decision by filing apetition against the insurer or service organization in a court of law inthe member's county of residence;

(3) The board and the system shall not be liable for the disabilitybenefits provided for by an insurer or service organization pursuant tothis section 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 member has obtained judgment against theinsurer or service organization for disability benefits and the insurer orservice organization is unable to satisfy that judgment.