287.090. Exempt employers and occupations--election to accept--withdrawal--notification required of insurance companies. - Missouri Statutes

Exempt employers and occupations--election toaccept--withdrawal--notification required of insurance companies.

287.090. 1. This chapter shall not apply to:

(1) Employment of farm labor, domestic servants in a private home,including family chauffeurs, or occasional labor performed for and relatedto a private household;

(2) Qualified real estate agents and direct sellers as those termsare defined in Section 3508 of Title 26 United States Code;

(3) Employment where the person employed is an inmate confined in astate prison, penitentiary or county or municipal jail, or a patient orresident in a state mental health facility, and the labor or services ofsuch inmate, patient, or resident are exclusively on behalf of the state,county or municipality having custody of said inmate, patient, or resident.Nothing in this subdivision is intended to exempt employment where theinmate, patient or resident was hired by a state, county or municipalgovernment agency after direct competition with persons who are notinmates, patients or residents and the compensation for the position ofemployment is not contingent upon or affected by the worker's status as aninmate, patient or resident;

(4) Except as provided in section 287.243, volunteers of a tax-exemptorganization which operates under the standards of Section 501(c)(3) of thefederal Internal Revenue Code, where such volunteers are not paid wages,but provide services purely on a charitable and voluntary basis;

(5) Persons providing services as adjudicators, sports officials, orcontest workers for interscholastic activities programs or similar amateuryouth programs who are not otherwise employed by the sponsoring school,association of schools or nonprofit tax-exempt organization sponsoring theamateur youth programs.

2. Any employer exempted from this chapter as to the employer or asto any class of employees of the employer pursuant to the provisions ofsubdivision (3) of subsection 1 of section 287.030 or pursuant tosubsection 1 of this section may elect coverage as to the employer or as tothe class of employees of that employer pursuant to this chapter bypurchasing and accepting a valid workers' compensation insurance policy orendorsement, or by written notice to the group self-insurer of which theemployer is a member. The election shall take effect on the effective dateof the workers' compensation insurance policy or endorsement, or by writtennotice to the group self-insurer of which the employer is a member, andcontinue while such policy or endorsement remains in effect or untilfurther written notice to the group self-insurer of which the employer is amember. Any such exempt employer or employer with an exempt class ofemployees may withdraw such election by the cancellation or nonrenewal ofthe workers' compensation insurance policy or endorsement, or by writtennotice to the group self-insurer of which the employer is a member. In theevent the employer is electing out of coverage as to the employer, thecancellation shall take effect on the later date of the cancellation of thepolicy or the filing of notice pursuant to subsection 3 of this section.

3. Any insurance company authorized to write insurance under theprovisions of this chapter in this state shall file with the division amemorandum on a form prescribed by the division of any workers'compensation policy issued to any employer and of any renewal orcancellation thereof.

4. The mandatory coverage sections of this chapter shall not apply tothe employment of any member of a family owning a family farm corporationas defined in section 350.010, RSMo, or to the employment of any salariedofficer of a family farm corporation organized pursuant to the laws of thisstate, but such family members and officers of such family farmcorporations may be covered under a policy of workers' compensationinsurance if approved by a resolution of the board of directors. Nothingin this subsection shall be construed to apply to any other type ofcorporation other than a family farm corporation.

5. A corporation may withdraw from the provisions of this chapter,when there are no more than two owners of the corporation who are also theonly employees of the corporation, by filing with the division notice ofelection to be withdrawn. The election shall take effect and continuefrom the date of filing with the division by the corporation of the noticeof withdrawal from liability under this chapter. Any corporation makingsuch an election may withdraw its election by filing with the division anotice to withdraw the election, which shall take effect thirty days afterthe date of the filing, or at such later date as may be specified in thenotice of withdrawal.

(RSMo 1939 § 3693, A.L. 1957 p. 579, A.L. 1965 p. 397, A.L. 1971 S.B. 163, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1987 S.B. 261, A.L. 1988 H.B. 1073, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2009 H.B. 580)

Prior revision: 1929 § 3303

Effective 6-19-09

(1998) Statute does not require that insurer file as a prerequisite to cancellation of a policy. Simpson v. Dale E. Saunchegrow Const., 965 S.W.2d 899 (Mo.App.S.D.).