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2007 SESSION
072161284Patrons-- Cox, Armstrong, Caputo, Carrico, Cosgrove, Landes, Lingamfelter, Purkey and Sickles
Be it enacted by the General Assembly of Virginia:
1. That § 51.1-1132 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 11 of Title 51.1 an article numbered 4.1, consisting of sections numbered 51.1-1130.1 through 51.1-1130.4 as follows:
§ 51.1-1130.1. Applicability of article.
The provisions of this article shall apply to an employee, as defined in § 51.1-201, with disabilities attributed to work-related injuries.
§ 51.1-1130.2. Supplemental short-term disability benefit.
A. Payments of supplemental short-term disability benefits payable under this article shall be reduced by an amount equal to any benefits paid to the employee under the Act or that the employee is entitled to receive under the Act, excluding any payments for medical, legal, or rehabilitation expenses.
B. Supplemental short-term disability benefits for participating employees shall commence upon the first day of a disability and shall not require a waiting period.
C. Supplemental short-term disability coverage shall provide income replacement for 100 percent of a participating employee's creditable compensation for the time, up to one calendar year, that an employee is disabled or takes periodic absences due to a major chronic condition, as determined by the Board or its designee.
D. Creditable compensation during periods in which an employee receives supplemental short-term disability benefits shall include salary increases awarded during the period of short-term disability coverage.
E. Supplemental short-term disability benefits shall be payable only during periods of (i) short-term disability, (ii) partial disability as determined by the Board or its designee, or (iii) periodic absences due to a major chronic condition as defined by the Board or its designee.
§ 51.1-1130.3. Supplemental long-term disability benefit.
A. Supplemental long-term disability benefits shall commence upon the expiration of the maximum period for which the employee is eligible to receive short-term disability benefits under § 51.1-1130.2. 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. Supplemental long-term disability benefits shall provide income replacement in an amount equal to 100 percent of a participating employee's creditable compensation.
C. Creditable compensation during periods in which an employee receives supplemental long-term disability benefits (i) shall not include salary increases awarded during the period of long-term disability benefits and (ii) shall be increased annually by an amount recommended by the program actuary and approved by the Board.
D. 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.
E. Supplemental long-term disability benefits shall be payable only during periods of total and partial disability.
F. Unless otherwise directed, to be eligible for benefits under this section, the employee must apply for Social Security disability benefits.
G. An employee who is approved for disability benefits on or after age 60 shall be eligible for 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.
§ 51.1-1130.4. Applicability of other work-related disability provisions.
The provisions of §§ 51.1-1122, 51.1-1125, 51.1-1126, 51.1-1127, 51.1-1128, 51.1-1129, and 51.1-1130 shall apply to the provisions of this article, mutatis mutandis.
§ 51.1-1132. Health insurance coverage during disability absences.
A. Participating employees enrolled in a health insurance plan established pursuant to § 2.2-2818 shall continue to be covered during periods of short-term disability and shall have the option of continuing to be covered by such plan during periods of absence covered by long-term disability benefits.
B. The Commonwealth shall pay the employer's share of the cost of health insurance coverage under such plan for participating employees and for the families or dependents of such employees during periods the employee is receiving short-term disability benefits to the same extent as for other state employees covered by such plan.
C. Participating employees enrolled in such plan established pursuant to § 2.2-2818 shall have the option of continuing to be covered under such plan, and shall pay the full cost for coverage under such plan for themselves and for their families and dependents during periods the employee is receiving long-term disability benefits. However, for an employee as defined in § 51.1-201 who is receiving long-term disability benefits for a work-related disability pursuant to Article 4.1, the Commonwealth shall continue to pay the employer's share of the cost of health insurance coverage under such plan for the participating employee and for his family and dependents.