287.804. Waiver of compensation by employee, procedure.

Waiver of compensation by employee, procedure.

287.804. 1. An employee may file an application with the division ofworkers' compensation to be excepted from the provisions of this chapter inrespect to certain employees. The application shall include a writtenwaiver by the employee of all benefits under this chapter and an affidavitby the employee and employer, that the employee and employer are members ofa recognized religious sect or division, as defined in 26 U.S.C. 1402(g),by reason of which they are conscientiously opposed to acceptance ofbenefits of any public or private insurance which makes payments in theevent of death, disability, old age, or retirement or makes payments towardthe cost of, or provides services for, medical bills, including thebenefits of any insurance system established under the Federal SocialSecurity Act, 42 U.S.C. 301 to 42 U.S.C. 1397jj.

2. The waiver and affidavit required by subsection 1 of this sectionshall be made upon a form to be provided by the division of workers'compensation.

3. An exception granted in regard to a specific employee shallcontinue to be valid until such employee rescinds the prior rejection ofcoverage or the employee or sect ceases to meet the requirements ofsubsection 1 of this section.

4. Any rejection pursuant to subsection 1 of this section shall beprospective in nature and shall entitle the employee only to reject suchbenefits that accrue on or after the date the rescission form is receivedby the insurance company.

(L. 2005 S.B. 1 & 130)