PURPOSE: This rule clarifies the manner in which the benefit amount is calculated for normal, work-related, and long-term disability benefits.

1. (1) The benefit amount for normal disability benefits equals one and six-tenths percent (1.6%) of the employee’s average compensation multiplied by the number of years of creditable service of the employee. The disability benefit amount will be decreased by any periodic disability benefits paid to the employee under Workers’ Compensation until such time as the Workers’ Compensation benefits are terminated.
2. (2) The benefit amount for work-related disability benefits equals seventy percent (70%) of the compensation the employee was receiving on the date preceding the date of disability; provided however, that the amount of the disability benefits plus any primary Social Security benefits received by such employee shall not exceed ninety percent (90%) of the monthly compensation the employee was receiving on the date preceding the date of disability. The disability benefit amount will be decreased by any periodic disability benefits paid to the employee under Workers’ Compensation until such time as the Workers’ Compensation benefits are terminated.
3. (3) The benefit amount for long-term disability benefits equals sixty percent (60%) of the compensation the employee was receiving on the date preceding the date of disability less primary Social Security benefits and any other employer sponsored income or income benefits, including Workers’ Compensation benefits received by the employee. Periodic disability benefits paid to the employee under Workers’ Compensation shall be deducted until such time as the Workers’ Compensation benefits are terminated. The minimum monthly benefit shall be the greater of fifty dollars ($50) or fifteen percent (15%) of the calculated monthly benefit amount before deductions for primary Social Security benefits, and other employer sponsored income benefits, including Workers’ Compensation benefits.

AUTHORITY: sections 104.110, RSMo Supp. 1995 and 104.210.2 and 536.023.3, RSMo 1994.* Emergency rule filed Aug. 18, 1995, effective Aug. 28, 1995, expired Feb. 23, 1996. Original rule filed Aug. 18, 1995, effective Feb. 25, 1996.

*Original authority 104.110, RSMo 1955, amended 1961, 1969, 1972, 1976, 1979, 1984, 1986, 1988; 104.210, RSMo 1955, amended 1983, 1988; and 536.023, RSMo (1975), amended 1976.