Four Weeks to File: Long Term Disability in Public Service Sector

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On September 11, 2023, the British Columbia government issued B.C. Reg. 208/2023, which makes amendments to the Long Term Disability Plan Regulation (B.C. Reg. 409/97) under the Public Service Benefit Plan Act. This regulation introduces various changes aimed at clarifying eligibility criteria and benefit structures for employees seeking long-term disability (LTD) support. A critical amendment requires employees to submit their LTD Plan applications within four weeks following the conclusion of their Short Term Illness and Injury Plan period. If employees fail to meet this timeline, their claims will be presumed abandoned; however, they can contest this presumption by providing reasonable justifications to the LTD Plan Administrator.

The regulation also updates the benefits for different plan types. For Plan Type A, benefits are now defined as specific amounts determined by the administering agency for each employee group. Similarly, Plan Type B adjusts benefit calculations based on employee groups, aligning with their collective agreements, while Plan Type D has been entirely removed from the benefit structure, simplifying the plan types. Furthermore, amendments clarify that employees on LTD remain eligible for retirement allowances and pre-retirement leave, provided they meet the required years of service.

Additional changes specify that employees with earnings exceeding $200 per month will see their benefits reduced, with adjustments to the duration of benefit payments. The regulation standardizes language by replacing terms like “accident, sickness or mental or nervous disorder” with “illness or injury.” Moreover, it modifies return-to-work provisions to treat subsequent disabilities differently based on the length of the employee’s return to work. Clarifications regarding eligibility for benefits while detained or imprisoned have also been made.

The regulation revises Schedule A, updating the list of eligible employee groups for benefits and removing outdated references. Administrative changes reflect updated terminology, such as replacing “Queen’s Printer” with “King’s Printer,” and enhance the roles of agencies responsible for administering benefits to ensure alignment with collective agreements.

B.C. Reg. 208/2023 is intended to be an effort by the British Columbia government to refine its Long Term Disability Plan Regulation, addressing both procedural and substantive aspects of disability benefits. Through clear application timelines, updated benefit structures, and clarified employee rights, the regulation aims to improve the overall experience for employees navigating the complexities of long-term disability support, ensuring that the public service workforce is adequately supported in times of need.

British Columbia (208/2023) September 12, 2023