§ 51.1-1123. Supplemental long-term disability benefit
A. Supplemental long-term disability benefits for participating employees shall commence upon the expiration of the maximum period for which the participating employee is eligible to receive short-term disability benefits under § 51.1-1121. If an employee returns to work for 14 or fewer consecutive days during the period in which he is receiving short-term disability benefits and cannot continue to work, the periods worked shall not be deemed to interrupt the short-term disability benefits period. However, if the cause of the participating employee's disability is a major chronic condition, as defined by the Board or its designee, the short-term disability benefits period is cumulative from the first day of the disability and can be interrupted by periods of active employment.
B. Except as provided in subsection D and § 51.1-1131, supplemental long-term disability benefits shall provide income replacement in an amount equal to 60 percent of a participating employee's creditable compensation.
C. Creditable compensation during periods an employee receives supplemental long-term disability benefits shall (i) not include salary increases awarded during the period covered by long-term disability benefits and (ii) be increased annually by an amount recommended by the program actuary and approved by the Board.
D. An employee's disability credits shall be used, on a day-for-day basis, to extend the period an employee receives supplemental long-term disability benefits paid at 100 percent of replacement of creditable compensation.
E. Payments of supplemental long-term disability benefits payable under this article shall be reduced by an amount equal to any benefits paid to the employee under the Act, for which the employee is entitled to receive under the Act, excluding any benefit for medical, legal or rehabilitation expenses.
F. Supplemental long-term disability benefits shall be payable only during periods of total and partial disability.
G. Unless otherwise directed, to be eligible for benefits under this section, the employee must apply for Social Security disability benefits.
H. An employee who is approved for disability benefits on or after age 60 shall be eligible for up to a maximum of five years of disability before the employee is required to retire under a service retirement. The five years includes short-term disability and long-term disability.
(1998, c. 774; 1999, c. 144; 2000, c. 889; 2003, c. 13; 2004, c. 98; 2005, c. 419; 2006, cc. 404, 405, 778, 841.)
Sections: Previous 51.1-1116 51.1-1117 51.1-1118 51.1-1119 51.1-1120 51.1-1121 51.1-1122 51.1-1123 51.1-1124 51.1-1125 51.1-1126 51.1-1127 51.1-1128 51.1-1129 51.1-1130 NextLast modified: April 16, 2009