104.517. Life insurance benefits, employees covered--certain departments and highway patrol may elect coverage--amount--additional insurance by payroll deductions, maximum--retention of coverage on re
Life insurance benefits, employees covered--certain departments andhighway patrol may elect coverage--amount--additional insurance bypayroll deductions, maximum--retention of coverage on retirement,cost deducted from retirement benefits--death benefits for specialconsultants.
104.517. 1. The board shall provide or contract, or both, for lifeinsurance benefits for employees pursuant to sections 104.320 to 104.540,persons covered by sections 287.812 to 287.855, RSMo, and for employees whoare members of the judicial retirement system as provided in section476.590, RSMo, and at the election of the state highways and transportationcommission shall include employees who are members of the statetransportation department employees' and highway patrol retirement system.Employees are entitled to fifteen thousand dollars of life insurance untilDecember 31, 2000. Effective January 1, 2001, the system shall provide orcontract or both for basic life insurance for employees covered under anyretirement plan administered by the system pursuant to this chapter,persons covered by sections 287.812 to 287.856, RSMo, for employees who aremembers of the judicial retirement system as provided in section 476.590,RSMo, and, at the election of the state highways and transportationcommission, employees who are members of the highways and transportationemployees' and highway patrol retirement system, in an amount equal to onetimes annual pay, subject to a minimum amount of fifteen thousand dollars.The board shall establish by rule or contract the method for determiningthe annual rate of pay and any other terms of such insurance as it deemsnecessary to implement the requirements pursuant to this section. Annualrate of pay shall not include overtime or any other irregular payments asdetermined by the board. Such life insurance shall provide for tripleindemnity in the event the cause of death is a proximate result of apersonal injury or disease arising out of and in the course of actualperformance of duty as an employee.
2. A conversion of such life insurance benefits shall be available.However, a member eligible to receive a lump sum death benefit as providedin subsection 4 of section 104.515 shall be entitled to convert any amountof terminated life insurance benefit in excess of the benefit provided insaid section.
3. (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 the 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 on or after January 1, 1998, butprior to January 1, 2004, is that amount which equals six times the amountof the person's annual rate of pay, except that if such maximum amount isnot evenly divisible by one thousand dollars, then the maximum amount ofadditional insurance which may be purchased is the next higher amountevenly divisible by one thousand dollars. The maximum amount of additionallife insurance which may be so purchased on or after January 1, 2004, is anamount to be stipulated in a contract with a private insurance company oras may be required by the system if the board of trustees determines thatthe system should provide the insurance itself. The selection of a privateinsurance company to provide this life insurance shall be on the basis ofcompetitive bidding.
(2) Any person defined in subdivision (1) of this subsection retiringon or after September 1, 1988, may retain an amount not to exceed tenthousand dollars of life insurance following the date of his or herretirement if such person makes written application for such life insuranceat the same time such person's application is made to the board forretirement benefits. Any person, defined in subdivision (1) of thissubsection, retiring on or after May 1, 1996, may retain an amount not toexceed sixty thousand dollars of life insurance following the date of theperson's retirement if such person makes written application for such lifeinsurance at the same time such person applies to the board for retirementbenefits. Such life insurance shall only be provided if such person paysthe entire cost of the insurance, as determined by the board, by allowingvoluntary deductions from the member's monthly retirement benefits.
(3) Effective January 1, 1998, in addition to the life insuranceauthorized in 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, life insurance covering the person's children orthe person's spouse or both the person's children and the person's spouseat coverage amounts to be determined by the board at a cost to bestipulated in a contract with a private insurance company or as may berequired by the system if the board of trustees determines that the systemshould provide such insurance itself.
4. The highways and transportation employees' and highway patrolretirement system shall provide or contract or both for the death benefitfor special consultants in subsection 4 of section 104.515. The highwaysand transportation employees' and highway patrol retirement system mayrequest the state highways and transportation commission to administer thedeath benefit. If the state highways and transportation commission acceptsthe obligation to administer the death benefit, the highways andtransportation employees' and highway patrol retirement system shallreimburse the state highways and transportation commission for any costs orexpenses of administering the death benefit.
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. 1988 H.B. 1643 & 1399, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2003 S.B. 248, et al.)