49-21-402 - Reduction or reimbursement of benefit -- Circumstances -- Application for other benefits required.
49-21-402. Reduction or reimbursement of benefit -- Circumstances -- Applicationfor other benefits required.
(1) A monthly disability benefit may not be paid for any period of total disability unlessthe eligible employee is under the ongoing care and treatment of a physician other than theeligible employee.
(2) The monthly disability benefit shall be reduced or reimbursed by any amountreceived by, or payable to, the eligible employee from the following sources for the same periodof time during which the eligible employee is entitled to receive a monthly disability benefit:
(a) Social Security disability benefits, including all benefits received by the eligibleemployee, the eligible employee's spouse, and the eligible employee's children as determined bythe Social Security Administration;
(b) workers' compensation indemnity benefits;
(c) any money received by judgment, legal action, or settlement from a third party liableto the employee for the disability;
(d) unemployment compensation benefits;
(e) automobile no-fault, medical payments, or similar insurance payments; and
(f) any money received by a judgment, settlement, or other payment as a result of a claimagainst an employer.
(3) The monthly disability benefit shall be reduced by any amount in excess of one-thirdof the eligible employee's regular monthly salary received by, or payable to, the eligible employeefrom the following sources for the same period of time during which the eligible employee isentitled to receive a monthly disability benefit:
(a) any employer-sponsored retirement programs; and
(b) any disability benefit resulting from the disability for which benefits are beingreceived under this chapter.
(4) After the date of disability, cost-of-living increases to any of the benefits listed inSubsection (2) or (3) may not be considered in calculating a reduction to the monthly disabilitybenefit.
(5) Any amounts payable to the eligible employee from one or more of the sources underSubsection (2) are considered as amounts received whether or not the amounts were actuallyreceived by the eligible employee.
(6) (a) An eligible employee shall first apply for all disability benefits from governmentalentities under Subsection (2) to which the eligible employee is or may be entitled, and provide tothe office evidence of the applications.
(b) The eligible employee shall also first apply at the earliest eligible age for allunreduced retirement benefits to which the eligible employee is or may be entitled, and provideto the office evidence of the application.
(c) If the eligible employee fails to make application under Subsection (6)(a) or (b), themonthly disability benefit shall be suspended.
Amended by Chapter 321, 2010 General Session