Disability

Employer Manual

Revised:

7/22



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KPERS' long term disability plan provides financial protection by replacing part of the member's income if he or she is disabled by injury or sickness for a long time.

Eligible Employees

  • Active members of KPERS
  • Employees of an educational institution under the Kansas Board of Regents (K.S.A. 74-4927(a))
  • Eligible employees of the University of Kansas Hospital Authority
  • Elected officials of the Legislature and unclassified employees on their staff
  • State officers in the state’s Deferred Compensation Plan and unclassified employees on their staff

Military Service:

  • No disability coverage during military leave
  • Refer to Leaving Employment section of the Employers Manual

KPERS claim denial and appeal process
If the member's claim is denied, KPERS will send member written notice with an explanation. The member may request an administrative hearing to appeal the denial.

The member is disabled when, on the date of disability, he or she meets the following definition of total disability:

  • Own occupation period – For the first 24 months for which benefits are paid, the member is unable to perform the material and substantial duties (duties that are normally required to perform the member’s regular occupation and cannot be reasonably omitted or modified) of his or her regular occupation due to sickness or injury.
  • Any occupation period – After benefits have been paid for 24 months, the member is unable to perform the material and substantial duties of any gainful occupation due to sickness or injury.

If an active member becomes disabled, report it on the EWP.

  • Look up employee and open the employee's record.
  • Click the Report Disability link in the employee info area and follow instructions.
  • Members applying for KPERS disability must apply for Social Security disability and complete any appeals process.
  • If a member is denied by Social Security, this does not automatically mean that the member will be denied KPERS disability.
  • If approved for KPERS disability and Social Security disability, KPERS will offset the member’s KPERS disability benefit by any (disability or normal Social Security) the member receives.
  • The member will receive at least $100 a month from KPERS.

For approved claims, benefits will begin the later of:

  • The date member completes 180 continuous days of total disability
  • The date member no longer draws compensation from employer

No benefits are paid during the 180-day waiting period, and the member must be under the care of a physician. If a member attempts to work for up to 30 days during the waiting period and again becomes totally disabled from the same cause, the waiting period will be extended by the number of days worked.

As long as the member is receiving at least 50% of full pay, based on his or her KPERS-covered position, the member is considered on the payroll for KPERS purposes.

Full pay is based on the following:

  • Regular pay
  • Accumulated sick leave pay
  • Accumulated vacation pay
  • Any combination of the above

Once the member is no longer earning at least 50% of full pay based on his or her KPERS position, go to the EWP and enter the employee’s end date. Use “leave of absence” as the reason code. Quick Vid: End Dates

The member may continue to receive Workers’ Compensation pay or small accumulated payments for sick leave and annual leave. However, do not deduct KPERS contributions. The member has essentially moved to a non-covered position

Example 1: An employee is injured and begins using sick/annual leave to pay 66% of his salary.
Report contributions from the salary and keep the employee on your pay report.

Example 2: An employee is injured and begins receiving Workers’ Compensation, which pays 66% of the employee’s salary. The employee uses sick/annual leave to pay 34% of his salary. The employee is off more than ten consecutive days.
Stop KPERS contributions and place the employee on a leave of absence.

Example 3: An employee is injured and begins receiving Workers’ Compensation, which pays 66% of the employee’s salary. The employee has no accumulated sick/annual leave.
If the employee is off more than ten consecutive days, stop KPERS contributions and place the employee on a leave of absence even if the employee continues to earn leave.

Example 4: An employee becomes ill and has no accumulated sick/annual leave. The employee begins receiving 70% of full pay from the employer’s sick-leave program.
Deduct contributions from the salary and leave the employee on your pay report for KPERS purposes.

Example 5: An employee becomes ill and is not at work. Employee has no accumulated sick/annual leave and there is no employer sick-leave program. The employer pays employee 70% of full pay.
If the employee is off more than ten consecutive days, stop KPERS contributions and place the employee on a leave of absence.

Once a member completes the waiting period, our long-term disability administrator, DMS (Disability Management Services, Inc.), will pay a monthly benefit as long as the member continues to be approved for disability benefits. The benefit amount will be:

  • 60% of the member’s current annual rate of compensation on the date the disability began.
  • Paid in equal monthly payments.
  • Reduced by an deductible income the member receives:
    • Social Security primary disability or retirement benefits.
    • Workers' compensation benefits.
    • Railroad Retirement Board disability or retirement benefits.
    • Other disability benefits from any other sources by reason of employment.
    • Earnings from any source of employment.
    • Earnings from eligible rehabilitative employment.
  • Minimum benefit amount is $100
  • Maximum benefit amount is $5,000

If approved for disability, the following applies:

  • The member will continue to receive service credit.
  • If the member has been disabled more than five years, the final average salary is adjusted with a cost-of-living formula to calculate retirement benefits.
  • The member will continue to have basic life insurance coverage at no cost to the member.

Member may continue optional life insurance coverage by continuing to make premium payments at the same rates paid during active employment. Member must complete and submit the Optional Life Insurance Continuation form (KPERS 79-C). The member will make premium payments directly to Standard Insurance Company.

Disability payments are paid monthly for as long as the member qualifies for benefits, but not to exceed the maximum benefit period.

Disability Begins Members Maximum Benefit Period
Before age 60 Until 65th birthday or until retirement, whichever is first
At age 60 or after For five years or until retirement, whichever is shorter
  • During the 180-day waiting period.
  • While the member is on the employer's payroll.
  • If the member withdraws contributions from KPERS.

Benefit payments end if the member:

  • Is no longer disabled as defined in this plan.
  • Reaches the end of the maximum benefit period.
  • Fails to provide proof of continuing disability.
  • Withdraws contributions from KPERS.
  • Refuses to complete his or her responsibilities under a company-approved rehabilitation plan without good cause.
  • Is not working to his or her capacity if participating in a rehabilitative employment.
  • Retires.

Following a period of total disability, a member may continue to qualify for disability benefits while engaging in rehabilitative employment.

Davie's Life & Health will:

  • Review the member’s records to determine if vocational or rehabilitative services might help the member return to gainful employment.
  • Work with the member to develop a plan that best meets the member’s needs.
  • Work with the member’s physicians and other medical practitioners and vocational experts.

Once it's determined that the member is a suitable candidate for rehabilitative services, participation is mandatory.

Davie's reserves the right to make the final decision regarding the member’s eligibility to take part in a rehabilitative plan. If the member does not participate in a rehabilitative plan without good cause, disability benefits will end.

Rehabilitative employment benefits

During a period of approved rehabilitative employment, the member's monthly benefit will be reduced by employment earnings as follows:

Period of Rehabilitation Reduction of Member's Disability Earnings
Months 1-12 ↓ 50%
Months 13-24 ↓ 75%
The maximum benefit period for rehabilitative employment is 24 months.