104.1075. Disability income benefits.
Disability income benefits.
104.1075. 1. Each board shall provide or contract, or both, fordisability income benefits for employees pursuant to sections 104.1003 to104.1093, and other persons specified by applicable state law, as follows:
(1) Definitions of disability and other rules and proceduresnecessary for the operation and administration of the disability benefitshall be established by each board;
(2) An employee may elect to waive the receipt of the disabilitybenefit provided for under this section at any time.
2. To the extent that each 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.
(L. 1999 S.B. 308 & 314, A.L. 2002 H.B. 1455)Effective 7-11-02