New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.5 - Benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The plan shall
				provide the following short-term disability benefit to a disabled employee who
				is determined by the insurer to be unable to perform his or her regular job
				duties: a monthly income benefit equal to 50 percent of the employee's covered
				salary not to exceed a total benefit of $961.54 weekly, which shall be reduced
				by the following: any workers' compensation wage benefits or payments in lieu
				of workers' compensation, and supplemental payments to workers' compensation
				awards made by New York State as an employer, if any; any retirement benefits
				paid by a public retirement system of this State or its political subdivisions
				or an optional retirement program, including any such benefits being received
				by a retired person who is reemployed subject to section
				211 or
				212 of the Retirement and Social Security
				Law, other than benefits provided by a tax-deferred annuity program; and
				disability benefits payable pursuant to a plan established in accordance with
				section
				158 of the
				Civil Service Law. Such benefit shall be payable on the day following
				completion of the waiting period and shall cease six months from the date
				disability commenced, but shall not continue beyond the end of disability as
				determined by the insurer, age 65 or death, whichever occurs first.
(b) The plan shall provide the following
				long-term disability benefit to a disabled employee who is determined by the
				insurer to be unable to perform his or her regular job duties during the first
				two years of long-term disability benefits; and, thereafter, unless the insurer
				determines that the employee is capable of performing the duties of a
				comparable occupation for which he or she is reasonably suited based on
				education, training and experience:
(1) A
				monthly income benefit equal to 60 percent of the employee's covered salary not
				to exceed a total benefit of $5,000 monthly, which shall be reduced by the
				following: any workers' compensation wage benefits or payments in lieu of
				workers' compensation, and supplemental payments to workers' compensation
				awards made by New York State as an employer, if any; any retirement benefits
				paid by a public retirement system of this State or its political subdivisions
				or an optional retirement program, including any such benefits being received
				by a retired person who is reemployed subject to section
				211 or
				212 of the Retirement and Social Security
				Law, other than benefits provided by a tax-deferred annuity program; disability
				benefits payable pursuant to a plan established in accordance with section
				158 of the
				Civil Service Law; primary Social Security benefits, provided, however, that
				pending the initial determination by the Social Security Administration of the
				claimant's eligibility for Social Security benefits, estimated Social Security
				benefits shall not be an offset for any employee who has executed a
				reimbursement agreement with the insurer; and family Social Security benefits
				as determined by the formula established by the insurer.
(2) In addition, for persons with no prior
				creditable service who enter State service on or after January 1, 1986,
				long-term disability benefits shall be reduced by Federal Government, Railroad
				Retirement, provincial and Marine Maintenance pensions and Veterans
				Administration disability income benefits, but only to the extent that the
				aforesaid pension or disability benefits are initiated or increased by the same
				disability for which long-term disability benefits are paid.
(3) The long-term disability benefit is
				payable after six consecutive months of disability and upon exhaustion of all
				sick leave credits. Such benefit shall be payable until cessation of disability
				as determined by the insurer or as otherwise provided by subdivision (b) of
				this section, age 65 or death, whichever occurs first.