State Codes and Statutes

Statutes > Utah > Title-49 > Chapter-21 > 49-21-102

49-21-102. Definitions.
As used in this chapter:
(1) "Date of disability" means the date on which a period of continuous disabilitycommences, and may not commence on or before the last day of actual work.
(2) "Elimination period" means the three months at the beginning of each continuousperiod of total disability for which no benefit will be paid. The elimination period begins on thenearest first day of the month from the date of disability. The elimination period may include aone-time trial return to work period of less than 15 consecutive calendar days.
(3) (a) "Eligible employee" means:
(i) any regular full-time employee as defined under Section 49-12-102 or 49-13-102,public safety service employee as defined under Section 49-14-102 or 49-15-102, or judge asdefined under Section 49-17-102 or 49-18-102, whose employer provides coverage under thischapter, or the governor of the state; and
(ii) an employee who is covered by a retirement program offered by the Teachers'Insurance and Annuity Association of America, if the employee's employer provides coverageunder this chapter; and
(b) "Eligible employee" does not include any employee that is exempt from coverageunder Section 49-21-201.
(4) "Maximum benefit period" means the maximum period of time the monthly disabilityincome benefit will be paid under Section 49-21-403 for any continuous period of total disability.
(5) "Monthly disability benefit" means the monthly payments and accrual of servicecredit under Section 49-21-401.
(6) "Objective medical impairment" means an impairment resulting from an injury orillness which is diagnosed by a physician and which is based on accepted objective medical testsor findings rather than subjective complaints.
(7) "Physician" means a licensed physician.
(8) "Regular monthly salary" means the amount certified by the participating employer asthe monthly salary of the eligible employee, unless there is a discrepancy between the certifiedamount and the amount actually paid, in which case the office shall determine the regularmonthly salary.
(9) "Regular occupation" means either the primary duties performed by the eligibleemployee for the 12 months preceding the date of disability, or a permanent assignment of dutyto the eligible employee.
(10) "Rehabilitative employment" means any occupation or employment for wage orprofit, for which the eligible employee is reasonably qualified to perform based on education,training, or experience.
(11) (a) "Total disability" or "totally disabled" means the complete inability, due toobjective medical impairment, whether physical or mental, to engage in the eligible employee'sregular occupation during the elimination period and the first 24 months of disability benefits.
(b) "Total disability" means, after the elimination period and the first 24 months ofdisability benefits, the complete inability, based solely on physical objective medical impairment,to engage in any gainful occupation which is reasonable, considering the eligible employee'seducation, training, and experience.

Amended by Chapter 130, 2007 General Session