Bill Text: VA HB1883 | 2015 | Regular Session | Prefiled
Bill Title: Virginia Sickness and Disability Program; open enrollment period; State Police Retirement System.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-10 - Left in Appropriations [HB1883 Detail]
Download: Virginia-2015-HB1883-Prefiled.html
15101303D Be it enacted by the General Assembly of Virginia: 1. That §§51.1-1103, 51.1-1110, and 51.1-1112 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 (i) an employee as defined in §51.1-201 or (ii) 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 except that any such employee who elects to participate in the hybrid retirement program described in §51.1-169 shall participate in the program. 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 employee 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. 1. All eligible employees who are employees as defined by §51.1-201 and who are not participating in the program as of September 30, 2015, may elect to participate in the program. Any election to participate shall be in writing, on forms prescribed by the Virginia Retirement System, and shall be received by the Retirement System during the period commencing October 1, 2015, but before January 1, 2016. The election to participate shall be irrevocable. The effective date of participation in the program for such employee shall be the first day of the pay period following the delivery of the notice of the election to the Retirement System. 2. An eligible employee who elects to participate in the program pursuant to subdivision 1 shall convert his sick leave balance as of the effective date of coverage to service credit under the Retirement System on the basis of one month of service for each 173 hours of sick leave, rounded to the next highest month. E. 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
§51.1-1110. Short-term disability benefit. A. Except as provided in subsection B. Except as provided in subsections C and E of this section 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:
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 section 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 that he is disabled, on maternity leave, or takes periodic absences due to a major chronic condition, based on the number of months of continuous state service, as determined by the Board or its designee, as follows:
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. 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. 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. §51.1-1112. Long-term disability benefit. A. Except as provided in subsection 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 the date that is five years prior to his normal retirement date shall be eligible for five years of disability benefits before the employee is required to retire under a service retirement. The five years includes short-term disability and long-term disability. p class=ldtitle> |