- 4 - subsection (a) to the extent such amounts– (1) constitutes payment for the permanent loss or loss of use of a member or function of the body, or the permanent disfigurement, of the taxpayer, his spouse, or a dependent (as defined in section 152), and (2) are computed with reference to the nature of the injury without regard to the period the employee is absent from work. Thus, a necessary predicate for exclusion under section 105(c) is that the amounts are computed “without regard to the period the employee is absent from work.” Armstrong v. Commissioner, T.C. Memo. 1993-579. The Minnesota State Retirement System provides that disability payments are to be made to employees found to be “totally and permanently disabled”. Minn. Stat. sec. 352.113 subdiv. 1, sec. 352.01 subdiv. 22 (2001). The statute defines total and permanent disability as the employee’s “inability to engage in any substantial gainful activity by reason of any medically determinable physical * * * impairment that has existed or is expected to continue for a period of at least one year.” Minn. Stat. sec. 352.01 subdiv. 17 (2001). The statute goes on to provide that if “the employee is no longer permanently and totally disabled, or is engaged in or can engage in a gainful occupation, payments of the disability benefit by the fund must be discontinued.” Minn. Stat. sec. 352.113 subdiv. 6 (2001). Thus, the disability payments under the Minnesota State Retirement System cover only the period of time during which anPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011