Section 401 – Disability benefits — Application — Eligibility.

Effective 7/1/2018 49-21-401. Disability benefits — Application — Eligibility. (1) An eligible employee shall apply for long-term disability benefits under this chapter by: (a) completing an application form prepared by the office; (b) signing a consent form allowing the office access to the eligible employee’s medical records; and (c) providing any documentation or information reasonably […]

Section 402 – Reduction or reimbursement of benefit — Circumstances — Application for other benefits required.

Effective 5/14/2019 49-21-402. Reduction or reimbursement of benefit — Circumstances — Application for other benefits required. (1) A monthly disability benefit may be terminated unless: (a) the eligible employee is under the ongoing care and treatment of a physician or physician assistant other than the eligible employee; and (b) the eligible employee provides the information […]

Section 403 – Termination of disability benefits — Calculation of retirement benefit.

Effective 5/10/2016 49-21-403. Termination of disability benefits — Calculation of retirement benefit. (1) An eligible employee covered by this chapter and eligible for service credit under a system or plan, including an eligible employee who relinquishes rights to retirement benefits under Section 49-11-619, who applies and is qualified for a monthly disability benefit shall receive […]

Section 404 – Annual adjustment to disability benefit.

49-21-404. Annual adjustment to disability benefit. (1) (a) An eligible employee receiving a monthly disability benefit shall receive an annual adjustment on the date following the end of the elimination period to reflect annual changes in the United States Bureau of Labor Statistics Consumer Price Index average as determined by the board. (b) This adjustment […]

Section 405 – Disability benefit — Exclusions.

49-21-405. Disability benefit — Exclusions. A monthly disability benefit is not payable for the following: (1) self-inflicted injury; (2) alcoholism; (3) substance abuse; (4) disability arising from or caused by acts of aggression committed by the eligible employee; or (5) the eligible employee committing or attempting to commit a felony or other illegal act. Renumbered […]

Section 406 – Rehabilitative employment — Interview by disability specialist — Maintaining eligibility — Additional treatment and care.

Effective 5/14/2019 49-21-406. Rehabilitative employment — Interview by disability specialist — Maintaining eligibility — Additional treatment and care. (1) (a) If an eligible employee, during a period of total disability for which the monthly disability benefit is payable, engages in approved rehabilitative employment, the monthly disability benefit otherwise payable shall be reduced: (i) by an […]

Section 408 – Limitation of service credit accrual — Disability benefits from a long-term disability program other than under this chapter.

Effective 3/3/2014 49-21-408. Limitation of service credit accrual — Disability benefits from a long-term disability program other than under this chapter. Beginning on July 1, 2014, an eligible employee who receives a monthly disability benefit from a long-term disability program other than under this chapter and who is eligible for service credit under a system […]

Section 409 – Violations — Penalties.

Effective 7/1/2017 49-21-409. Violations — Penalties. In addition to other remedies provided in this title, if an eligible employee knowingly makes a material misrepresentation to the program or knowingly fails to disclose the award or receipt of amounts to the program as required under Section 49-21-402, the program may: (1) suspend the monthly disability benefits […]