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 78.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) The term plan shall mean the Income
				Protection Plan administered by the Department of Civil Service which shall be
				comprised of short-term and long-term disability insurance, as provided under
				contract with an insurer, and amendments thereto, including all the benefits
				provided thereunder, and all conditions and limitations applicable pursuant to
				such contracts or as prescribed by the president.
(b) The term eligible employee shall mean any
				person employed in the Executive Branch on an annual salaried basis, who is
				scheduled to work at least half-time per pay period and who is eligible to
				participate in the group term insurance plan authorized pursuant to section
				158 of the
				Civil Service Law, except for persons appointed to positions identified as
				"other statutory" who are not subject to the attendance rules for employees in
				New York State departments and institutions or the attendance rules promulgated
				by the Commissioner of Education, who shall be eligible for income protection
				plan benefits as described in section
				78.9 of this Part, and those who
				are in the professional service of the State University pursuant to subdivision
				h of section
				35 of the
				Civil Service Law.
(c) The term
				basic annual salary shall mean the employee's annual salary, exclusive of any
				supplements to salary received or other forms of additional compensation, as of
				the date disability began. In the event an employee's salary is reduced
				pursuant to a program providing for a tax- deferred annuity or any similar
				income reduction plan, the employee's basic annual salary shall be such
				person's salary before said reduction.
(d) The term coverage shall mean
				participation in the plan by covered employees and the term covered employee
				shall mean an eligible employee participating in the plan. The term covered
				salary shall mean 1/12 of the employee's basic annual salary as of the date
				disability began.
(e) The term
				department shall mean the Department of Civil Service.
(f) The term insurer shall mean the insurance
				company selected to underwrite the plan.
(g) The term short-term disability benefit
				shall mean the benefit payable under the plan during the initial six months of
				disability but not beyond the end of disability as defined by the insurer, age
				65 or death, whichever occurs first.
(h) The term long-term disability benefit
				shall mean the benefit payable under the plan after six consecutive months of
				disability but not beyond the end of disability as defined by the insurer, age
				65 or death, whichever occurs first.
(i) The term waiting period shall mean 14
				consecutive calendar days from onset of disability or the exhaustion of accrued
				sick leave credits, whichever is later. An employee shall be deemed to have
				exhausted accrued sick leave credits on the day on which the employee's accrued
				sick leave balance is less than one day.
(j) The term prior creditable service shall
				mean State service prior to January 1, 1986, during which an employee was
				eligible to earn leave accruals, without any interruption in such service in
				excess of one year. A separation in excess of one year followed by
				reinstatement by the Civil Service Department or Commission or by appointment
				while eligible for appointment from a preferred list shall not be deemed an
				interruption in service for this purpose.
(k) The term active service shall mean time
				spent in pay status.
(l) The term
				onset of disability shall mean the date determined by the insurer to be the
				date on which the employee first became unable to work due to
				disability.