Jose Hernandez - Page 2

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               After a concession by petitioner, the sole issue for                   
          decision is whether petitioner is entitled to exclude from gross            
          income amounts received as disability payments during 1993.                 
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time he filed his            
          petition, petitioner resided in Costa Mesa, California.                     
               Petitioner worked for the City of Santa Ana, California (the           
          City), as a grounds maintenance worker, earning approximately               
          $2,250 per month.  The City provided petitioner with long-term              
          disability insurance through Standard Insurance Co. of Portland,            
          Oregon (Standard).                                                          
               Standard offers two disability insurance options to the                
          City’s employees.  Under plan A, a disabled employee is eligible            
          to receive one-half of his base monthly salary until his                    
          disability ends or until he reaches age 65.2  The City pays the             
          entire premium for this coverage, but an employee is not eligible           
          for the benefits until he is unable to work for 130 days because            
          of the disability.  Under plan B, a disabled employee receives              


          2  Section 1 of Standard’s group policy states:                             
                    The amount of Monthly Income shall be 50% of                      
                    the first $5,000 of the Member’s basic                            
                    monthly earnings, reduced by any Deductible                       
                    Benefits.                                                         




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