Bill Text: VA HB560 | 2010 | Regular Session | Chaptered
Bill Title: Retirement System; changes to sickness and disability plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-13 - Governor: Acts of Assembly Chapter text (CHAP0750) [HB560 Detail]
Download: Virginia-2010-HB560-Chaptered.html
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 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 employee 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 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.
§51.1-1110. Short-term disability benefit. A. Except as provided in subsection D of §51.1-1103, B. Except as provided in subsection 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
§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 B. If a participating employee returns to his position on an
active employment basis for 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, 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 B. If a participating employee returns to his position on an
active employment basis for 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. 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. |