Short Term Disability Income: State Programs

Name:  Disability Benefits Legislation

Who Must Carry:   Most private employers are required by state law to provide for payment of Disability Benefits. Federal, State and City government employees are not covered by this law. Some teachers in private institutions are covered by agreement with their schools. Board of Education employees are not covered.

Covers:   Employees of an employer of one or more persons on each of 30 days in any calendar year.

Eligibility:   Employees or recent employees of a "covered" employer, who have worked at least four consecutive weeks. Domestic and personal employees who work 40 hours or more per week for one employer are also covered under the law. It doesn't matter whether you have a pre-existing condition. Medical questions aren't asked.

Benefits: The New York State Disability program in 2010 pays 50% of your average weekly wages from a minimum of $20 a week to a maximum of $170.00 a week.

Taxes:   New York disability benefits are taxable to the extent that the employer pays the insurance premiums.  For example, if the employer pays 50% of the premiums, 50% of the benefits will be subject to income tax.

Premium:   An employee's contribution is computed at the rate of 0.005% of his/her wages, but no more than $0.60 a week.

Waiting period:   7 days. Benefits begin on the eighth day.

Benefit Period:   26 weeks per disability or during any consecutive 52 weeks.

Claim Forms:  To claim benefits, the disabled employee is required to file "Notice and Proof of Claim for Disability Benefits" (form DB-450), with the employer within 30 days after disability begins. Claims must be filed with the employer.

Source of Coverage:   Coverage may be purchased by employers from an insurance company or they may establish a "Private" self-insured plan as long as it provides benefits equal to or better than the state mandated benefits.

For More Information:  www.nysif.com/ , the New York State site, does not give much information. For up -to-date information, contact: Worker's Compensation Board Disability Benefits Board, 100 Broadway, Albany, New York 12241, Tel.: 800.353.3092 or 718.802.6964, or 6965, or 6966.

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