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2000 SESSION

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SB 28 Sickness and Disability Program for state employees.

Introduced by: Richard J. Holland | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Sickness and Disability Program for state employees. Makes technical changes, adds a definition for "existing employee," and provides that (i) employees participating in the newly created Virginia Law Officers' Retirement System are eligible for the program; (ii) the definitions of "partial disability" and "total disability" are changed to attain a consistent, complete, and cohesive definition of "disability" and to ensure that disability be determined according to employees' ability to perform "essential job functions"; (iii) payment may be made for accumulated disability credits upon employees' entry into long-term disability; (iv) the amount of annual sick leave and family and personal leave for new employees when they commence employment and in subsequent years is clarified; (v) the applicable waiting periods for disability benefits begin on the first day of a disability; (vi) the salary increases included in creditable compensation during periods of short-term disability are general salary increases; (vii) supplemental short-term disability benefits may cover periodic absences due to a major chronic condition; (viii) employees must apply for Social Security disability benefits to be eligible for long-term disability benefits, and must reapply and appeal Social Security denials of benefits or they will be deemed to have received such benefits which will reduce benefits which may be received under the state disability program; (ix) disability benefits are offset by employees' wages and salaries from employment times the creditable compensation replacement percentage; (x) employees pay back, with interest, benefits wrongfully received under certain conditions; (xi) employees cannot receive disability benefits during periods of incarceration or when the disability results from the employee's commission of a felony; (xii) disability benefits are not payable to any employee determined to be noncompliant with the program; (xiii) the procedure for appeals which may be allowed by the VRS Board will be developed by the Board and modeled after the claims provisions provided in the Employee Retirement Income Security Act of 1974; and (xiv) no person shall receive more than one disability benefit at the same time.


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