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2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 51.1-1103, 51.1-1110, 51.1-1111, 51.1-1112, 51.1-1122, and 51.1-1123 of the Code of Virginia are amended and reenacted as follows:
§ 51.1-1103. Participation in the program.
A. All prior elections to participate in the program shall be irrevocable.
B. 1. Except for eligible employees who are employed by an
institution of higher education in a faculty position performing teaching,
research or administrative duties, all eligible employees commencing employment
or who are reemployed on or after January 1, 1999, shall participate in the
program. The effective date of participation in the program for such employees
shall be their first day of employment.
2. Except for such employees of an institution of higher education, all eligible employees not participating in the program prior to October 1, 2002, shall participate in the program effective January 10, 2003, unless such employee elects not to participate in the program as provided herein. An election not to participate shall be in writing, and on forms prescribed by the Retirement System, and shall be received by the Retirement System during the period commencing on October 1, 2002, but before January 1, 2003. An election not to participate in the program shall be irrevocable and such employee shall be ineligible to participate in the program for the period of his continued employment by the Commonwealth.
C. Any eligible employee who is employed by an institution of
higher education in a faculty position performing teaching, research or
administrative duties may elect to participate in the program established under
this chapter or under an existing program provided by the institution. Any
eligible employee who is (i) employed by an institution of higher education in
a faculty position performing teaching, research or administrative duties prior
to October 1, 2002, and (ii) not participating in the program, shall
participate in the program established under this chapter effective January 10,
2003, unless such employee elects not to participate in the manner provided in
subdivision B 2. Any eligible employee of an institution of higher education in
a faculty position performing teaching, research or administrative duties
employed or reemployed on or after October 1, 2002, shall participate in the
program unless such employee elects not to participate in the program, in
writing and on such forms as prescribed by the Retirement System, within 60
days from the time of entry upon the performance of his duties. The effective
date of participation in the program for such employees shall be the
first day following the expiration of such 60-day period or January 10, 2003,
whichever is later.
Any eligible employee under this subsection shall participate
in the sickness and disability program established by his institution of higher
education until such time as the employee participates in the program
established under this chapter. If the institution of higher education has not
established its own sickness and disability program, such eligible employee
shall participate in the program established under this chapter effective on
his first day of employment.
An election not to participate in the program established under this chapter shall be irrevocable and such employee shall be ineligible to participate in the program for the period of his continued employment by the Commonwealth.
D. Notwithstanding any provision to the contrary, no participating employee commencing employment or reemployment on or after July 1, 2009, shall receive benefits under Article 3 of this Chapter (Nonwork Related Disability Benefits) until the participating employee completes one continuous year of active employment or reemployment.
D E. The provisions of this subsection shall
apply to any eligible employee who participates in the program under the
provisions of subdivision B 2 or subsection C. Any eligible employee, including
a person employed by an institution of higher education in a faculty position
performing teaching, research or administrative duties, who (i) is a member of
the Retirement System, and (ii) commenced employment or was reemployed prior to
January 1, 1999, shall have his sick leave balances, as of the effective date
of coverage in the program, converted to disability credits, as provided in
subsection E F.
E F. Any eligible employee converting his sick
leave balance as provided in subsection D E shall receive one
hour of disability credit for each hour of sick leave. Disability credits shall
be used to continue periods for which the participating employee receives
income replacement during periods of short-term and long-term disability at 100
percent of creditable compensation. Disability credits shall be reduced by one
day for each day that the participating employee receives short-term or
long-term disability benefits.
F G. Upon retiring directly from state service
and receiving an immediate annuity, the eligible employee's unused disability
credits shall be converted to service credit under the Retirement System at the
rate of one month of service for each 173 hours of disability credits, rounded
to the next highest month, unless the employee elects to be paid for the
balance of such disability credits under the same terms and subject to the same
conditions as are in effect for the payment of sick leave benefits in the
employee's agency on December 31, 1998. Upon leaving state service under any
other circumstances, the employee shall be paid for the balance of such disability
credits under the same terms and subject to the same conditions as are in
effect for the payment of sick leave benefits in the employee's agency on
December 31, 1998, unless he elects to have such credits converted to service
credit under the Retirement System at the rate of one month of service for each
173 hours of disability credits, rounded to the next highest month. Upon entry
into long-term disability, the employee may be paid for the balance of such
disability credits under the same terms and subject to the same conditions in
effect for payment of sick leave benefits in the employee's agency as of
December 31, 1998.
G H. Eligibility for participation in the
program shall terminate upon the earliest to occur of an employee's (i)
termination of employment, (ii) death, or (iii) retirement from service.
Eligibility for participation in the program shall be suspended during periods
that an employee is placed on nonpay status, including leave without pay, if
such nonpay status is due to suspension pending investigation or outcome of
employment-related court or disciplinary action.
§ 51.1-1110. Short-term disability benefit.
A. Except as provided in subsection D of § 51.1-1103, Short-term
short-term disability benefits for participating employees shall commence
upon the expiration of a seven-calendar-day waiting period. The waiting period
shall commence the first day of a disability or of maternity leave. If an
employee returns to work for one day or less during the seven-calendar-day
waiting period but cannot continue to work, the periods worked shall not be
considered to have interrupted the seven-calendar-day waiting period.
Additionally, the seven-calendar-day waiting period shall not be considered to
be interrupted if the employee works 20 hours or less during the waiting
period. Short-term disability benefits payable as the result of a catastrophic
disability or major chronic condition shall not require a waiting period.
B. Except as provided in subsection D C and E of
this subsection and § 51.1-1131, short-term disability coverage
shall provide income replacement for a percentage of a participating employee's
creditable compensation during the period specified below that an employee is
disabled, on maternity leave, or takes periodic absences due to a major chronic
condition, as determined by the Board or its designee, based on the number of
months of state service as an eligible employee, as follows:
Work days of 100% Work days of 80% Work days of 60%
replacement replacement replacement
Months of of creditable of creditable of creditable
state service compensation compensation compensation
Less than 60 5 20 100
60 to 119 25 25 75
120 to 179 25 50 50
180 or more 25 75 25
C. For all eligible employees commencing employment or reemployment on or after July 1, 2009, except as provided in subsections B and E of this subsection and § 51.1-1131, short-term disability coverage shall provide income replacement for (i) 60 percent of a participating employee’s creditable compensation for the first 60 months of continuous state service after employment or reemployment and (ii) thereafter, a percentage of a participating employee's creditable compensation during the periods specified below, based on the number of months of continuous state service, that an employee is disabled, on maternity leave, or takes periodic absences due to a major chronic condition:
Work days of 100% Work days of 80% Work days of 60%
replacement replacement replacement
Months of of creditable of creditable of creditable
state service compensation compensation compensation
60 to 119 25 25 75
120 to 179 25 50 50
180 or more 25 75 25
C D. Creditable compensation during periods an
employee receives short-term disability benefits shall include general salary
increases awarded during the period of short-term disability coverage.
D E. An employee's disability credits may be
used, on a day for day basis, to extend the period an employee receives
short-term disability benefits paid at 100 percent of replacement of creditable
compensation.
E F. Short-term disability benefits shall be payable
only during periods of (i) total disability, (ii) partial disability, (iii)
maternity leave, or (iv) periodic absences due to a major chronic condition as
defined by the Board or its designee.
F. Notwithstanding any other provision of this section,
short-term disability benefits for elective medical procedures, including but
not limited to surgery, shall not be payable during the first six months of
employment or reemployment as an eligible employee without approval of the
employer. The employee shall give reasonable advance notice to his immediate
supervisor and the employer shall not unreasonably withhold authorization for
such medically necessary absences.
§ 51.1-1111. Successive periods of short-term disability.
A. A participating employee's disability which is related or
due to the same cause or causes as a prior disability for which short-term
disability benefits were paid shall be deemed to be a continuation of the prior
disability if the employee returns to his position on an active employment
basis for less than (i) fourteen consecutive calendar days or (ii) twenty-eight
45 consecutive calendar days if the short-term disability is
due to a major chronic condition, as defined by the Board or its designee,
requiring periodic absences. If a participating employee, after
receiving short-term disability benefits, immediately returns to work for
less than 45 consecutive calendar days and cannot continue to work,
the days worked shall be deemed to have interrupted the short-term disability
benefits period, and such days worked shall not be counted for purposes of
determining the maximum period for which the participating employee is eligible
to receive short-term disability benefits. Days of work arranged
pursuant to vocational, rehabilitation, or return-to-work programs shall not be
counted in determining the duration of the period of the employee's return to
work.
B. If a participating employee returns to his position on an
active employment basis for fourteen 45 consecutive calendar days
or longer, any succeeding period of disability shall constitute a new period of
short-term disability. However, if the cause of the participating employee's
disability is a major chronic condition, as defined by the Board or its
designee, requiring periodic absences, and the participating employee returns
to his position on an active employment basis for more than twenty-eight consecutive
calendar days, any succeeding period of disability shall constitute a new
period of short-term disability.
C. The period of 45 days referred to in subsections A and B shall be consecutive calendar days that the participating employee is (i) actively at work and (ii) fully released to return to work full time, full duty. The Retirement System shall develop policies and procedures to administer the effects of the 45-day period in connection with participants who are deemed to have a major chronic condition.
§ 51.1-1112. Long-term disability benefit.
A. Except as provided in subsection D of § 51.1-1103, Long-term
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 § 51.1-1110. If
an employee returns to work for 14 or fewer consecutive calendar 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 have interrupted
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 period and can be interrupted by periods of active employment.
B. Except as provided in subsection D and § 51.1-1131, 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 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 actuary of the Virginia Sickness and Disability Program 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 long-term disability benefits paid at 100 percent of replacement of creditable compensation.
E. Long-term disability benefits shall be payable only during periods of (i) total disability or (ii) 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 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.
§ 51.1-1122. Successive periods of short-term disability.
A. A participating employee's disability which is related or
due to the same cause or causes as a prior disability for which supplemental
short-term disability benefits were paid shall be deemed to be a continuation
of the prior disability if the employee (i) is eligible for benefits payable
under the Act, whether or not he is receiving such benefits, and (ii) returns
to his position on an active employment basis for less than fourteen 45
consecutive calendar days, or twenty-eight consecutive calendar days if
the short-term disability is due to a major chronic condition, as defined by
the Board or its designee, requiring periodic absences. If a
participating employee, after receiving short-term disability benefits,
immediately returns to work for less than 45 consecutive calendar
days and cannot continue to work, the days worked shall be deemed to
have interrupted the short-term disability benefits period, and such days worked
shall not be counted for purposes of determining the maximum period for which
the participating employee is eligible to receive short-term disability
benefits. Days of work arranged pursuant to vocational, rehabilitation, or
return-to-work programs shall not be counted in determining the duration of the
period of the employee's return to work.
B. If a participating employee returns to his position on an
active employment basis for fourteen 45 consecutive calendar days
or longer, any succeeding period of disability shall constitute a new period of
short-term disability. However, if the cause of the participating employee's
disability is a major chronic condition, as defined by the Board or its
designee, requiring periodic absences, and the participating employee returns
to his position on an active employment basis for more than twenty-eight
consecutive calendar days, any succeeding period of disability shall constitute
a new period of short-term disability.
C. The period of 45 days referred to in subsections A and B shall be consecutive calendar days that the participating employee is (i) actively at work and (ii) fully released to return to work full time, full duty. The Retirement System shall develop policies and procedures to administer the effects of the 45-day period in connection with participants who are deemed to have a major chronic condition.
§ 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.