Title 4 Part 78

Whenever used in this Part:

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.

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.

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.

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.

department shall mean the Department of Civil Service.

insurer shall mean the insurance company selected to underwrite the plan.

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.

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.

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.

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.

active service shall mean time spent in pay status.

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.

The State shall pay the entire premium cost of the Income Protection Plan. The insurer shall pay the benefits under the plan and neither the State nor the department shall be liable therefor.

The president, in consultation with the insurer, shall administer the plan and establish necessary guidelines, procedures and standards.

Any covered employee receiving benefits under the plan who is separated from service, after being placed on leave pursuant to section 71 or 72 of the Civil Service Law, shall continue to receive such benefits until the end of disability, age 65 or death, whichever occurs first. Nothing contained herein shall be deemed to extend employment beyond the date it would otherwise terminate.

The president shall determine the eligibility of an employee for enrollment in the plan and such enrollee's annual salary for the purposes of computing benefits. Any person may appeal a determination by the president concerning his or her enrollment in the plan and the basic annual salary upon which benefits are to be based to the State Civil Service Commission by submitting a written explanation, supported by available documentary evidence, setting forth the facts upon which he or she relies to show that the determination by the president was incorrect. Such appeal shall be filed with the commission within 30 days of the date of the final determination by the president.

These regulations shall take effect immediately and shall be deemed to have been in full force and effect as of January 1, 1986.