Delaware General Assembly

Signed 1/26/06

The General Assembly has ended, the current status is the final status.

SB 243

1/18/06

Cook

Reps. DiPinto, Wagner

Sen. McBride, Henry, Vaughn, Amick, Cloutier, Still
Reps. Buckworth, Fallon, Ulbrich, Schwartzkopf, D.P. Williams

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DISABILITY INSURANCE PROGRAM.

This Act clarifies some issues for the Disability Insurance Program for employees covered by the State Employees Pension Plan. Section 1 clarifies the return to work components for those merit and non-merit employees previously on disability Section 2 clarifies that employees receiving Long-term disability benefits will be covered for health insurance as if they were a pensioner. Section 3 clarifies that employees receiving Short-term disability benefits will be treated as an active employee for health insurance. Section 4 provides that the State will pay the State share once an employee has been out on short-term disability for over 90 days and has exhausted their paid leave. Section 5 allows earned annual, sick, compensatory or donated leave to be used to supplement an employee’s short-term disability payment Section 6 allows the Pension Administrator to resolve any outstanding issues that were involved with the election period for the program. Section 7 defines the maximum duration of the payment of disability benefits for those employees who become disabled after age 60. After that point the employee would be eligible for normal service retirement benefit. Different employers within the State Employees Pension Plan have different rules for the payment of unused sick leave; Section 8 alters the reference to 90 days and adds the generic reference that any unpaid sick leave would be eligible for purchase. Section 9 allows employees that start receiving benefits under the Long-term disability program to receive a sick leave payoff at that point in time. Section 10 substitutes the Secretary of Health and Social Services as a member of the State Employee Benefits Committee and removes the Benefits and Insurance Administrator in order to permit the Administrator to hear appeals as set forth in Section 11. This section also transfers the Administrator’s role as committee chair to the Director of the Office of Management and Budget. Section 11 provides participating employees in the State Disability Insurance Program with the opportunity to appeal the insurance carrier’s determination of eligibility to receive short-term and/or long-term disability benefits. The first level of appeal is to the Benefits and Insurance Administrator. Second level appeals may be made to the State Employee Benefits Committee who may designate a hearing officer to hear evidence supporting the participating employee’s appeal. The participating employee may present documentary evidence and testimony in support of their position. Final decisions of the Committee may be appealed to the Superior Court of Delaware.

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Takes effect upon being signed into law

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