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Sometime prior to 1991, the City established a short-term
disability plan and a long-term disability plan (collectively,
the disability plans) for certain qualified employees, one of
whom was petitioner.3 The short-term disability plan benefits
were paid directly by the City and were not funded through third-
party insurance. The long-term disability plan benefits were
provided through third-party insurance. During the years 1991
through 1993 and continuing through January 1994 when petitioner
became disabled, the City paid all of the premiums with respect
to petitioner's long-term disability coverage.
A qualified City employee was entitled to receive benefits
under the disability plans after a determination of disability
was made and a qualifying claim was filed. The amount of
disability benefits an employee would receive under the
disability plans was calculated based on the employee's salary
and the number of years of service that the employee had with the
City prior to the date of his disability.
From at least January 1991 to the date of petitioner's
disability in 1994, petitioner's participation in the long-term
disability plan was financed solely through premiums paid by the
City; petitioner did not contribute any portion of the premiums.
3The record is not clear as to whether there were two
separate disability plans or simply two types of coverage under
one disability plan. However, for purposes of this opinion, the
distinction is not material.
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