A. All prior elections to participate in the program shall be irrevocable.
B. 1. Except for eligible employees who are employed by an institution ofhigher education in a faculty position performing teaching, research oradministrative duties, all eligible employees commencing employment or whoare reemployed on or after January 1, 1999, shall participate in the program.The effective date of participation in the program for such employees shallbe their first day of employment.
2. Except for such employees of an institution of higher education, alleligible employees not participating in the program prior to October 1, 2002,shall participate in the program effective January 10, 2003, unless suchemployee elects not to participate in the program as provided herein. Anelection not to participate shall be in writing, and on forms prescribed bythe Retirement System, and shall be received by the Retirement System duringthe period commencing on October 1, 2002, but before January 1, 2003. Anelection not to participate in the program shall be irrevocable and suchemployee shall be ineligible to participate in the program for the period ofhis continued employment by the Commonwealth.
C. Any eligible employee who is employed by an institution of highereducation in a faculty position performing teaching, research oradministrative duties may elect to participate in the program establishedunder this chapter or under an existing program provided by the institution.Any eligible employee who is (i) employed by an institution of highereducation in a faculty position performing teaching, research oradministrative duties prior to October 1, 2002, and (ii) not participating inthe program, shall participate in the program established under this chaptereffective January 10, 2003, unless such employee elects not to participate inthe manner provided in subdivision B 2. Any eligible employee of aninstitution of higher education in a faculty position performing teaching,research or administrative duties employed or reemployed on or after October1, 2002, shall participate in the program unless such employee elects not toparticipate in the program, in writing and on such forms as prescribed by theRetirement System, within 60 days from the time of entry upon the performanceof his duties. The effective date of participation in the program for suchemployee shall be the first day following the expiration of such 60-dayperiod or January 10, 2003, whichever is later.
Any eligible employee under this subsection shall participate in the sicknessand disability program established by his institution of higher educationuntil such time as the employee participates in the program established underthis chapter. If the institution of higher education has not established itsown sickness and disability program, such eligible employee shall participatein the program established under this chapter effective on his first day ofemployment.
An election not to participate in the program established under this chaptershall be irrevocable and such employee shall be ineligible to participate inthe program for the period of his continued employment by the Commonwealth.
D. Notwithstanding any provision to the contrary, no participating employeecommencing employment or reemployment on or after July 1, 2009, shall receivebenefits under Article 3 of this Chapter (Nonwork Related DisabilityBenefits) until the participating employee completes one continuous year ofactive employment or reemployment.
E. The provisions of this subsection shall apply to any eligible employee whoparticipates in the program under the provisions of subdivision B 2 orsubsection C. Any eligible employee, including a person employed by aninstitution of higher education in a faculty position performing teaching,research or administrative duties, who (i) is a member of the RetirementSystem, and (ii) commenced employment or was reemployed prior to January 1,1999, shall have his sick leave balances, as of the effective date ofcoverage in the program, converted to disability credits, as provided insubsection F.
F. Any eligible employee converting his sick leave balance as provided insubsection E shall receive one hour of disability credit for each hour ofsick leave. Disability credits shall be used to continue periods for whichthe participating employee receives income replacement during periods ofshort-term and long-term disability at 100 percent of creditablecompensation. Disability credits shall be reduced by one day for each daythat the participating employee receives short-term or long-term disabilitybenefits.
G. Upon retiring directly from state service and receiving an immediateannuity, the eligible employee's unused disability credits shall be convertedto service credit under the Retirement System at the rate of one month ofservice for each 173 hours of disability credits, rounded to the next highestmonth, unless the employee elects to be paid for the balance of suchdisability credits under the same terms and subject to the same conditions asare in effect for the payment of sick leave benefits in the employee's agencyon December 31, 1998. Upon leaving state service under any othercircumstances, the employee shall be paid for the balance of such disabilitycredits under the same terms and subject to the same conditions as are ineffect for the payment of sick leave benefits in the employee's agency onDecember 31, 1998, unless he elects to have such credits converted to servicecredit under the Retirement System at the rate of one month of service foreach 173 hours of disability credits, rounded to the next highest month. Uponentry into long-term disability, the employee may be paid for the balance ofsuch disability credits under the same terms and subject to the sameconditions in effect for payment of sick leave benefits in the employee'sagency as of December 31, 1998.
H. Eligibility for participation in the program shall terminate upon theearliest to occur of an employee's (i) termination of employment, (ii) death,or (iii) retirement from service. Eligibility for participation in theprogram shall be suspended during periods that an employee is placed onnonpay status, including leave without pay, if such nonpay status is due tosuspension pending investigation or outcome of employment-related court ordisciplinary action.
(1998, c. 774; 1999, c. 144; 2000, c. 889; 2002, cc. 663, 697; 2004, c. 186;2010, c. 750.)
A. All prior elections to participate in the program shall be irrevocable.
B. 1. Except for eligible employees who are employed by an institution ofhigher education in a faculty position performing teaching, research oradministrative duties, all eligible employees commencing employment or whoare reemployed on or after January 1, 1999, shall participate in the program.The effective date of participation in the program for such employees shallbe their first day of employment.
2. Except for such employees of an institution of higher education, alleligible employees not participating in the program prior to October 1, 2002,shall participate in the program effective January 10, 2003, unless suchemployee elects not to participate in the program as provided herein. Anelection not to participate shall be in writing, and on forms prescribed bythe Retirement System, and shall be received by the Retirement System duringthe period commencing on October 1, 2002, but before January 1, 2003. Anelection not to participate in the program shall be irrevocable and suchemployee shall be ineligible to participate in the program for the period ofhis continued employment by the Commonwealth.
C. Any eligible employee who is employed by an institution of highereducation in a faculty position performing teaching, research oradministrative duties may elect to participate in the program establishedunder this chapter or under an existing program provided by the institution.Any eligible employee who is (i) employed by an institution of highereducation in a faculty position performing teaching, research oradministrative duties prior to October 1, 2002, and (ii) not participating inthe program, shall participate in the program established under this chaptereffective January 10, 2003, unless such employee elects not to participate inthe manner provided in subdivision B 2. Any eligible employee of aninstitution of higher education in a faculty position performing teaching,research or administrative duties employed or reemployed on or after October1, 2002, shall participate in the program unless such employee elects not toparticipate in the program, in writing and on such forms as prescribed by theRetirement System, within 60 days from the time of entry upon the performanceof his duties. The effective date of participation in the program for suchemployee shall be the first day following the expiration of such 60-dayperiod or January 10, 2003, whichever is later.
Any eligible employee under this subsection shall participate in the sicknessand disability program established by his institution of higher educationuntil such time as the employee participates in the program established underthis chapter. If the institution of higher education has not established itsown sickness and disability program, such eligible employee shall participatein the program established under this chapter effective on his first day ofemployment.
An election not to participate in the program established under this chaptershall be irrevocable and such employee shall be ineligible to participate inthe program for the period of his continued employment by the Commonwealth.
D. Notwithstanding any provision to the contrary, no participating employeecommencing employment or reemployment on or after July 1, 2009, shall receivebenefits under Article 3 of this Chapter (Nonwork Related DisabilityBenefits) until the participating employee completes one continuous year ofactive employment or reemployment.
E. The provisions of this subsection shall apply to any eligible employee whoparticipates in the program under the provisions of subdivision B 2 orsubsection C. Any eligible employee, including a person employed by aninstitution of higher education in a faculty position performing teaching,research or administrative duties, who (i) is a member of the RetirementSystem, and (ii) commenced employment or was reemployed prior to January 1,1999, shall have his sick leave balances, as of the effective date ofcoverage in the program, converted to disability credits, as provided insubsection F.
F. Any eligible employee converting his sick leave balance as provided insubsection E shall receive one hour of disability credit for each hour ofsick leave. Disability credits shall be used to continue periods for whichthe participating employee receives income replacement during periods ofshort-term and long-term disability at 100 percent of creditablecompensation. Disability credits shall be reduced by one day for each daythat the participating employee receives short-term or long-term disabilitybenefits.
G. Upon retiring directly from state service and receiving an immediateannuity, the eligible employee's unused disability credits shall be convertedto service credit under the Retirement System at the rate of one month ofservice for each 173 hours of disability credits, rounded to the next highestmonth, unless the employee elects to be paid for the balance of suchdisability credits under the same terms and subject to the same conditions asare in effect for the payment of sick leave benefits in the employee's agencyon December 31, 1998. Upon leaving state service under any othercircumstances, the employee shall be paid for the balance of such disabilitycredits under the same terms and subject to the same conditions as are ineffect for the payment of sick leave benefits in the employee's agency onDecember 31, 1998, unless he elects to have such credits converted to servicecredit under the Retirement System at the rate of one month of service foreach 173 hours of disability credits, rounded to the next highest month. Uponentry into long-term disability, the employee may be paid for the balance ofsuch disability credits under the same terms and subject to the sameconditions in effect for payment of sick leave benefits in the employee'sagency as of December 31, 1998.
H. Eligibility for participation in the program shall terminate upon theearliest to occur of an employee's (i) termination of employment, (ii) death,or (iii) retirement from service. Eligibility for participation in theprogram shall be suspended during periods that an employee is placed onnonpay status, including leave without pay, if such nonpay status is due tosuspension pending investigation or outcome of employment-related court ordisciplinary action.
(1998, c. 774; 1999, c. 144; 2000, c. 889; 2002, cc. 663, 697; 2004, c. 186;2010, c. 750.)
A. All prior elections to participate in the program shall be irrevocable.
B. 1. Except for eligible employees who are employed by an institution ofhigher education in a faculty position performing teaching, research oradministrative duties, all eligible employees commencing employment or whoare reemployed on or after January 1, 1999, shall participate in the program.The effective date of participation in the program for such employees shallbe their first day of employment.
2. Except for such employees of an institution of higher education, alleligible employees not participating in the program prior to October 1, 2002,shall participate in the program effective January 10, 2003, unless suchemployee elects not to participate in the program as provided herein. Anelection not to participate shall be in writing, and on forms prescribed bythe Retirement System, and shall be received by the Retirement System duringthe period commencing on October 1, 2002, but before January 1, 2003. Anelection not to participate in the program shall be irrevocable and suchemployee shall be ineligible to participate in the program for the period ofhis continued employment by the Commonwealth.
C. Any eligible employee who is employed by an institution of highereducation in a faculty position performing teaching, research oradministrative duties may elect to participate in the program establishedunder this chapter or under an existing program provided by the institution.Any eligible employee who is (i) employed by an institution of highereducation in a faculty position performing teaching, research oradministrative duties prior to October 1, 2002, and (ii) not participating inthe program, shall participate in the program established under this chaptereffective January 10, 2003, unless such employee elects not to participate inthe manner provided in subdivision B 2. Any eligible employee of aninstitution of higher education in a faculty position performing teaching,research or administrative duties employed or reemployed on or after October1, 2002, shall participate in the program unless such employee elects not toparticipate in the program, in writing and on such forms as prescribed by theRetirement System, within 60 days from the time of entry upon the performanceof his duties. The effective date of participation in the program for suchemployee shall be the first day following the expiration of such 60-dayperiod or January 10, 2003, whichever is later.
Any eligible employee under this subsection shall participate in the sicknessand disability program established by his institution of higher educationuntil such time as the employee participates in the program established underthis chapter. If the institution of higher education has not established itsown sickness and disability program, such eligible employee shall participatein the program established under this chapter effective on his first day ofemployment.
An election not to participate in the program established under this chaptershall be irrevocable and such employee shall be ineligible to participate inthe program for the period of his continued employment by the Commonwealth.
D. Notwithstanding any provision to the contrary, no participating employeecommencing employment or reemployment on or after July 1, 2009, shall receivebenefits under Article 3 of this Chapter (Nonwork Related DisabilityBenefits) until the participating employee completes one continuous year ofactive employment or reemployment.
E. The provisions of this subsection shall apply to any eligible employee whoparticipates in the program under the provisions of subdivision B 2 orsubsection C. Any eligible employee, including a person employed by aninstitution of higher education in a faculty position performing teaching,research or administrative duties, who (i) is a member of the RetirementSystem, and (ii) commenced employment or was reemployed prior to January 1,1999, shall have his sick leave balances, as of the effective date ofcoverage in the program, converted to disability credits, as provided insubsection F.
F. Any eligible employee converting his sick leave balance as provided insubsection E shall receive one hour of disability credit for each hour ofsick leave. Disability credits shall be used to continue periods for whichthe participating employee receives income replacement during periods ofshort-term and long-term disability at 100 percent of creditablecompensation. Disability credits shall be reduced by one day for each daythat the participating employee receives short-term or long-term disabilitybenefits.
G. Upon retiring directly from state service and receiving an immediateannuity, the eligible employee's unused disability credits shall be convertedto service credit under the Retirement System at the rate of one month ofservice for each 173 hours of disability credits, rounded to the next highestmonth, unless the employee elects to be paid for the balance of suchdisability credits under the same terms and subject to the same conditions asare in effect for the payment of sick leave benefits in the employee's agencyon December 31, 1998. Upon leaving state service under any othercircumstances, the employee shall be paid for the balance of such disabilitycredits under the same terms and subject to the same conditions as are ineffect for the payment of sick leave benefits in the employee's agency onDecember 31, 1998, unless he elects to have such credits converted to servicecredit under the Retirement System at the rate of one month of service foreach 173 hours of disability credits, rounded to the next highest month. Uponentry into long-term disability, the employee may be paid for the balance ofsuch disability credits under the same terms and subject to the sameconditions in effect for payment of sick leave benefits in the employee'sagency as of December 31, 1998.
H. Eligibility for participation in the program shall terminate upon theearliest to occur of an employee's (i) termination of employment, (ii) death,or (iii) retirement from service. Eligibility for participation in theprogram shall be suspended during periods that an employee is placed onnonpay status, including leave without pay, if such nonpay status is due tosuspension pending investigation or outcome of employment-related court ordisciplinary action.
(1998, c. 774; 1999, c. 144; 2000, c. 889; 2002, cc. 663, 697; 2004, c. 186;2010, c. 750.)
