104.1072. Life insurance benefits--medical insurance for certain retirees.
Life insurance benefits--medical insurance for certain retirees.
104.1072. 1. Each board shall provide or contract, or both, for lifeinsurance benefits for employees covered pursuant to the year 2000 plan asfollows:
(1) Employees shall be provided fifteen thousand dollars of lifeinsurance until December 31, 2000. Effective January 1, 2001, the systemshall provide or contract or both for basic life insurance for employeescovered under any retirement plan administered by the system pursuant tothis chapter, persons covered by sections 287.812 to 287.856, RSMo, foremployees who are members of the judicial retirement system as provided insection 476.590, RSMo, and, at the election of the state highways andtransportation commission, employees who are members of the highways andtransportation employees' and highway patrol retirement system, in theamount equal to one times annual pay, subject to a minimum amount offifteen thousand dollars. The board shall establish by rule or contractthe method for determining the annual rate of pay and any other terms ofsuch insurance as it deems necessary to implement the requirements pursuantto this section. Annual rate of pay shall not include overtime or anyother irregular payments as determined by the board. Such life insuranceshall provide for triple indemnity in the event the cause of death is aproximate result of a personal injury or disease arising out of and in thecourse of actual performance of duty as an employee;
(2) Any member who terminates employment after reaching normal orearly retirement eligibility and becomes a retiree within sixty days ofsuch termination shall receive five thousand dollars of life insurancecoverage.
2. (1) In addition to the life insurance authorized by theprovisions of subsection 1 of this section, any person for whom lifeinsurance is provided or contracted for pursuant to such subsection maypurchase, at the person's own expense and only if monthly voluntary payrolldeductions are authorized, additional life insurance at a cost to bestipulated in a contract with a private insurance company or as may berequired by a system if the board of trustees determines that the systemshould provide such insurance itself. The maximum amount of additionallife insurance which may be so purchased prior to January 1, 2004, is thatamount which equals six times the amount of the person's annual rate ofpay, subject to any maximum established by a board, except that if suchmaximum amount is not evenly divisible by one thousand dollars, then themaximum amount of additional insurance which may be purchased is the nexthigher amount evenly divisible by one thousand dollars. The maximum amountof additional life insurance which may be so purchased on or after January1, 2004, is an amount to be stipulated in a contract with a privateinsurance company or as may be required by the system if the board oftrustees determines that the system should provide the insurance itself.
(2) Any person defined in subdivision (1) of this subsection mayretain an amount not to exceed sixty thousand dollars of life insurancefollowing the date of his or her retirement if such person becomes aretiree the month following termination of employment and makes writtenapplication for such life insurance at the same time such person'sapplication is made to the board for retirement benefits. Such lifeinsurance shall only be provided if such person pays the entire cost of theinsurance, as determined by the board, by allowing voluntary deductionsfrom the member's annuity.
(3) In addition to the life insurance authorized in subdivision (1)of this subsection, any person for whom life insurance is provided orcontracted for pursuant to this subsection may purchase, at the person'sown expense and only if monthly voluntary payroll deductions areauthorized, life insurance covering the person's children or the person'sspouse or both at coverage amounts to be determined by the board at a costto be stipulated in a contract with a private insurer or as may be requiredby the system if the board of trustees determines that the system shouldprovide such insurance itself.
(4) Effective July 1, 2000, any member who applies and is eligible toreceive an annuity based on the attainment of at least forty-eight years ofage with a total of years of age and years of credited service which is atleast eighty shall be eligible to retain any optional life insurancedescribed in subdivision (1) of this subsection. The amount of suchretained insurance shall not be greater than the amount in effect duringthe month prior to termination of employment. Such insurance may beretained until the member's attainment of the earliest age for eligibilityfor reduced Social Security retirement benefits but no later than agesixty-two, at which time the amount of such insurance that may be retainedshall be that amount permitted pursuant to subdivision (2) of thissubsection.
3. The state highways and transportation commission may provide forinsurance benefits to cover medical expenses for members of the highwaysand transportation employees' and highway patrol retirement system. Thestate highways and transportation commission may provide medical benefitsfor dependents of members and for retired members. Contributions by thestate highways and transportation commission to provide the benefits shallbe on the same basis as provided for other state employees pursuant to theprovisions of section 104.515. Except as otherwise provided by law, thecost of benefits for dependents of members and for retirees and theirdependents shall be paid by the members or retirees. The commission maycontract with other persons or entities including but not limited tothird-party administrators, health network providers and health maintenanceorganizations for all, or any part of, the benefits provided for in thissection. The commission may require reimbursement of any medical claimspaid by the commission's medical plan for which there was third-partyliability.
4. The highways and transportation employees' and highway patrolretirement system may request the state highways and transportationcommission to provide life insurance benefits as required in subsections 1and 2 of this section. If the state highways and transportation commissionagrees to the request, the highways and transportation employees' andhighway patrol retirement system shall reimburse the state highways andtransportation commission for any and all costs for life insurance providedpursuant to subdivision (2) of subsection 1 of this section. The personwho is covered pursuant to subsection 2 of this section shall be solelyresponsible for the costs of any additional life insurance. In lieu of thelife insurance benefit in subdivision (2) of subsection 1 of this section,the highways and transportation employees' and highway patrol retirementsystem is authorized in its sole discretion to provide a death benefit offive thousand dollars.
5. To the extent that the board enters or has entered into anycontract with any insurer or service organization to provide life insuranceprovided for pursuant to this section:
(1) The obligation to provide such life insurance shall be primarilythat of the insurer or service organization and secondarily that of theboard;
(2) Any member who has been denied life insurance 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 member's county of residence; and
(3) The board and the system shall not be liable for life insurancebenefits provided by an insurer or service organization pursuant to thissection and shall not be subject to any cause of action with regard to lifeinsurance benefits or the denial of life insurance benefits by the insureror service organization unless the member has obtained judgment against theinsurer or service organization for life insurance benefits and the insureror service organization is unable to satisfy that judgment.
(L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 371, A.L. 2002 H.B. 1455, A.L. 2003 S.B. 248, et al., A.L. 2007 S.B. 406)