Superseded 7/1/2023)

Superseded 7/1/2023
49-21-406.  Rehabilitative employment — Interview by disability specialist — Maintaining eligibility — Additional treatment and care.

(1)

Terms Used In Utah Code 49-21-406 Eligible employee: means the following employee whose employer provides coverage under this chapter: (i)  (A)  any regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102; (B)  any public safety service employee as defined under Section 49-14-102, 49-15-102, or 49-23-102; (C)  any firefighter service employee or volunteer firefighter as defined under Section 49-23-102 who began firefighter service on or after July 1, 2011; (D)  any judge as defined under Section 49-17-102 or 49-18-102; or (E)  the governor of the state; (ii)  an employee who is exempt from participating in a retirement system under Subsection 49-12-203(4), 49-13-203(4), 49-14-203(1), or 49-15-203(1); and (iii)  an employee who is covered by a retirement program offered by a public or private system, organization, or company designated by the Utah Board of Higher Education. See Utah Code 49-21-102 Maximum benefit period: means the maximum period of time the monthly disability income benefit will be paid under Section 49-21-403 for any continuous period of total disability. See Utah Code 49-21-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Monthly disability benefit: means the monthly payments and accrual of service credit under Section 49-21-401. See Utah Code 49-21-102 Office: means the Utah State Retirement Office. See Utah Code 49-11-102 Physician: means a licensed physician. See Utah Code 49-21-102 Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by 4, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by 4, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102 Program: means the Public Employees' Insurance Program created under Chapter 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees' Long-Term Disability program created under Chapter 21, Public Employees' Long-Term Disability Act. See Utah Code 49-11-102 Rehabilitative employment: means any occupation or employment for wage or profit, for which the eligible employee is reasonably qualified to perform based on education, training, or experience. See Utah Code 49-21-102 Total disability: means : (a)  own occupation disability; or (b)  ongoing disability. See Utah Code 49-21-102 (a)  If an eligible employee, during a period of total disability for which the monthly disability benefit is payable, engages in approved rehabilitative employment, the monthly disability benefit otherwise payable shall be reduced: (i)  by an amount equal to 50% of the income to which the eligible employee is entitled for the employment during the month; and (ii)  so that the combined amount received from the rehabilitative employment and the monthly disability payment does not exceed 100% of the eligible employee’s monthly salary prior to the employee’s disability. (b)  This rehabilitative benefit is payable for up to two years or to the end of the maximum benefit period, whichever occurs first. (2)  (a)  The office shall review an eligible employee’s total disability at least one time each year. (b)  The office shall interview each eligible employee receiving a monthly disability benefit. (c)  The office may refer the eligible employee to a rehabilitative or vocational specialist for a review of the eligible employee’s condition and a written rehabilitation plan and return to work assistance. (3)  If an eligible employee receiving a monthly disability benefit fails to participate in an office-approved rehabilitation program within the limitations set forth by a physician or physician assistant, the monthly disability benefit may be reduced, suspended, or terminated. (4)  The office may, as a condition of paying a monthly disability benefit, require that the eligible employee receive medical care and treatment if that treatment is reasonable or usual according to current medical practices. Amended by Chapter 37, 2023 General Session   Previous section Next section    Part 4 Contents