Missouri mesothelioma risk management fund created
Missouri created a special fund called the Missouri Mesothelioma Risk Management Fund. Employers can join this fund and pay money into it each year. If a worker gets mesothelioma (a serious lung disease often caused by asbestos) and wins a workers' compensation claim, the fund helps pay that award. A board of trustees runs the fund and makes decisions about how it operates.
287.223. Missouri risk management created — definitions — of payments, when — , appointment, meetings, duties. — 1. There is hereby created the "Missouri Mesothelioma Risk Management Fund", which shall be a . The board of trustees of this fund shall have the powers and duties specified in this section and such other powers as may be necessary or proper to enable it, its officers, employees and agents to carry out fully and effectively all the purposes of this section.
2. Unless otherwise clearly indicated by the context, the following words and terms as used in this section mean:
(1) "", the board of trustees of the Missouri mesothelioma risk management fund;
(2) "Fund", the Missouri mesothelioma risk management fund established by 1 of this section.
3. Any employer may participate in the Missouri mesothelioma risk management fund and use funds collected under this section to pay mesothelioma s made against an employer member of the fund.
4. Employers who participate in the fund shall make annual to the fund in the amount determined by the board in accordance with this section relating to rates established by insurers. Participation in the fund has the same effect as purchase of insurance by such employer, as otherwise provided by law, and shall have the same effect as a . Moneys in the fund shall be available for:
(1) The payment and settlement of all for which coverage has been obtained by any employer participating in the fund in accordance with coverages offered by the board relating to mesothelioma awards paragraph (a) of (3) of subsection 4 of section 287.200;
(2) and expenses incurred in the and representation of the fund.
5. No amount in excess of the amount specified by paragraph (a) of subdivision (3) of subsection 4 of section 287.200 shall be paid from the fund for the payment of claims arising out of any award.
6. The board of trustees of the fund shall payment of benefits in accordance with coverages offered by the board. For any year in which any employer does not make a yearly to the fund, the board of trustees of the fund shall not be responsible, in any way, for payment of any arising from an in that year. Any employer which discontinues its participation in the fund may not resume participation in the fund for five years after discontinuing participation. Should an employer fail to make a yearly contribution, such employer shall be pursuant to paragraph (b) of subdivision (3) of subsection 4 of section 287.200 if a claim is made in such year. If ongoing benefits are due by the fund for an employer who fails* to make a yearly contribution, such employer shall be liable to the fund for the ongoing benefits.
7. All staff for the fund shall be provided by the of labor except as otherwise specifically determined by the board. The fund shall reimburse the department of labor for all costs of providing staff required by this subsection. Such shall be made on an annual basis, pursuant to contract negotiated between the fund and the department of labor. The fund is a body corporate and politic, and the state of Missouri shall not be liable in any way with respect to claims made against the fund or against s covered by the fund, nor with respect to any expense of operation of the fund. Money in the fund is not state money nor is it money collected or received by the state.
8. Each participating employer shall notify the board of trustees of the fund within seven working days of the time notice is received that a claim for benefits has been made against the employer. The employer shall supply to the board of trustees of the fund concerning any claim upon request. It shall also notify the board of trustees of the fund upon the closing of any claim.
9. The board may contract with insurance agents, authorizing such agents to accept contributions to the fund from employers on behalf of the board upon such terms and conditions as the board deems necessary, and may provide a reasonable method of compensating such agents. Such shall not be additional to the contribution to the fund.
10. There is hereby established a "Board of Trustees of the Missouri Mesothelioma Risk Management Fund", which shall consist of the of the department of labor, and four members, appointed by the governor with the advice and of the senate, who are officers or employees of those employers participating in the fund. No more than two members appointed by the governor shall be of the same political . The members appointed by the governor shall serve four-year terms, except that the original appointees shall be appointed for the following terms: one for one year, one for two years, one for three years, and one for four years. Any vacancies occurring on the board shall be filled in the same manner. In appointing the initial board of trustees the governor may anticipate which public entities will participate in the fund, and the appointees may serve the terms herein, unless they sooner resign or are in accordance with law.
11. No shall be liable personally in any way with respect to claims made against the fund or against member employers covered by the fund.
12. The board shall elect one of their members as chairman. He or she shall preside over meetings of the board and perform such other duties as shall be required by of the board.
13. The chairman shall appoint another board member as vice chairman, and the vice chairman shall perform the duties of the chairman in the absence of the latter or upon his inability or refusal to act.
14. The board shall appoint a who shall have charge of the offices and s of the fund, subject to the direction of the board.
15. The board shall meet in Jefferson City, Missouri, upon the written call of the chairman or by the agreement of any three members of the board. Notice of the meeting shall be delivered to all other in person or by ing notice in a United States post office in a properly stamped and addressed envelope not less than six days prior to the date for the meeting. The board may meet at any time by unanimous mutual consent.
16. Three trustees shall constitute a for the transaction of business, and any of the board shall be based on a majority vote of the trustees present.
17. The trustees shall serve without compensation but shall receive from the fund their actual and necessary expenses incurred in the performance of their duties for the board.
18. Duties performed for the fund by any member of the board who is an employee of a member employer shall be considered duties in connection with the regular of such employer, and such person shall suffer no loss in regular compensation by reason of the performance of such duties.
19. The board shall keep a complete record of all its proceedings.
20. A statement covering the operations of the fund for the year, including income and , and of the financial condition of the fund at the end of the year, showing the valuation and of its and , as of July first, shall each year be delivered to the governor and be made readily available to public entities.
21. The general administration of, and responsibility for, the proper operation of the fund, including all decisions relating to payments from the fund, are hereby in the board of trustees.
22. The board shall determine and all rules, regulations, coverages to be offered, forms and rates to carry out the purposes of this section.
23. The board shall have and control over the funds and property of the fund.
24. No trustee or staff member of the fund shall receive any gain or profit from any moneys or transactions of the fund.
25. Any trustee or staff member accepting any or compensation for the purpose of influencing his or her action with respect to the investment of the funds of the system or in the operations of the fund shall his or her office.
26. The board shall have the to use moneys from the fund to purchase one or more policies of insurance or to cover the liabilities of participating employers members which are covered by the fund. If such insurance can be d, the board shall have the authority to procure insurance covering participating member employers per occurrence for liabilities covered by the fund. The costs of such insurance shall be considered in determining the contribution of each employer member.
27. The board shall have the authority to use moneys from the fund to assist participating members in ing and reducing the risk of liabilities which may be covered by the fund.
28. The board shall set up and maintain a Missouri mesothelioma risk management fund account in which shall be placed all contributions, , and income from all sources. All property, money, funds, investments, and rights which shall belong to, or be available for expenditure or use by, the fund shall be dedicated to and for the purposes set out in this section and no other. The board shall have power, in the name of and on behalf of the fund, to purchase, acquire, hold, invest, lend, , sell, , , and dispose of all property, rights, and , and enter into written contracts, all as may be necessary or proper to carry out the purposes of this section.
29. All moneys received by or belonging to the fund shall be paid to the secretary and deposited by him or her to the of the fund in one or more banks or trust companies. No such money shall be deposited in or be retained by any bank and trust company which does not have on deposit with the board at the time the kind and value of required by section 30.270 for depositories of the . The secretary shall be responsible for all funds, securities, and property belonging to the fund, and shall give such for the faithful handling of the same as the board shall require.
30. So far as , the funds and property of the fund shall be kept safely invested so as to earn a reasonable . The board may invest the funds of the fund as permitted by the laws of Missouri relating to the investment of the capital, , and funds of casualty insurance companies organized under the laws of Missouri.
31. If contributions to the fund do not produce sufficient funds to pay any claims which may be due, the board shall assess and each member, including any member who has withdrawn but was a member in the year in which the is required, shall pay such additional amounts which are each member's share of total claims allowed and due. The of this subsection shall apply retroactively to the creation of the Missouri mesothelioma risk management fund.
32. The board, in to carry out the purposes for which the fund is established, may select and employ, or contract with, persons experienced in insurance , , the servicing of claims, and , who shall serve at the board's pleasure, as technical advisors in establishing the annual contribution, or may call upon the for such services.
33. Nothing in this section shall be to broaden or restrict the of the member employers participating in the fund beyond the provisions of this section**, nor to abolish or any at law which might otherwise be available to any employer member.
34. If, at the end of any , the fund has a balance exceeding projected needs, and adequate , the board may refund on a basis to all participating employer members an amount based on the contributions of the public for the immediately preceding year.
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Source & history notes
(L. 2013 S.B. 1) Effective 1-01-14 *Word "fail" appears in original rolls. **Word "sections" appears in original rolls.
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