Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Public Service Benefit Plan Act

Long Term Disability Plan Regulation

B.C. Reg. 409/97

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 2.1 September 11, 2023
Section 2.2 March 29, 2019
July 13, 2020
September 11, 2023
Section 2.3 March 30, 2022
September 11, 2023
Section 2.4 September 11, 2023
Section 2.5 September 11, 2023
Section 2.6 September 11, 2023
Section 2.7 September 11, 2023
Section 2.8 July 13, 2020
March 30, 2022
September 11, 2023
Section 2.13 September 11, 2023
Section 2.14 September 11, 2023
Section 2.20 March 30, 2022
September 11, 2023
Section 4 September 11, 2023
Schedule A January 15, 2010
January 30, 2013
April 1, 2013
July 28, 2014
September 11, 2023

 Section 2.1 (a) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(a) Regular full-time employees shall be covered by the Long Term Disability Plan upon completion of six months active employment with the employer. To be covered by the plan, a regular part-time employee must be working in a position that requires at least half-time work on a regularly scheduled basis, and must have completed six (6) months active service in such a position.

Where an employee covered by Plan Type A or B described in Schedule A, is converted from auxiliary to regular status, plan coverage shall commence the earlier of 2.1 (a) above, or upon the completion of six (6) months of full-time, unbroken employment from the date the employee qualified for Short Term Illness and Injury Plan benefits under Article 31.12 of the B.C. Government and Service Employees' Union master agreement or under the appropriate section of the employee's terms and conditions of employment.

 Section 2.2 (a.1) (ii) BEFORE amended by BC Reg 64/2019, effective March 29, 2019.

(ii) when an employee has no sick bank, or after it is exhausted, the employee shall receive a monthly benefit equal to the sum of:

Plan Type A — 70% of the first $2 600 of monthly earnings and 50% of the monthly earnings above $2 600;

Plan Type B — 70% of the first $2 300 of monthly earnings and 50% of the monthly earnings above $2 300;

Plan Type D — 68.3% of the first $2 400 of monthly earnings and 50% of the monthly earnings above $2 400;

Plan Type E — 68.3% of the first $2 200 of monthly earnings and 50% of the monthly earnings above $2 200;

Plan Type H — 68.3% of the first $2 500 of monthly earnings and 50% of the monthly earnings above $2 500;

Plan Type I — 68.3% of the first $2 500 of monthly earnings and 50% of the monthly earnings above $2 500;

Plan Type J — 70% of the regular gross monthly earnings.

 Section 2.2 (c) BEFORE amended by BC Reg 181/2020, effective July 13, 2020.

(c) The Long Term Disability benefit payment will be made as long as an employee remains totally disabled in accordance with section 2.3 below, and will cease on the date the employee recovers, or at the end of the month in which the employee reaches age 65 (age 60 for firefighters, correctional centre employees and special constables of the Legislative Assembly), or resigns or dies, whichever occurs first.

 Section 2.2 (a.1) (ii) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(ii) when an employee has no sick bank, or after it is exhausted, the employee shall receive a monthly benefit equal to the sum of:

Plan Type A — 70% of the first $2 600 of monthly earnings and 50% of the monthly earnings above $2 600;

Plan Type B — 70% of the first $2 700 of monthly earnings and 50% of the monthly earnings above $2 700;

Plan Type D — 68.3% of the first $2 400 of monthly earnings and 50% of the monthly earnings above $2 400;

Plan Type E — 70% of the first $2 300 of monthly earnings and 50% of the monthly earnings above $2 300;

Plan Type H — 68.3% of the first $2 500 of monthly earnings and 50% of the monthly earnings above $2 500;

Plan Type I — 68.3% of the first $2 500 of monthly earnings and 50% of the monthly earnings above $2 500;

Plan Type J — 70% of the regular gross monthly earnings.

 Section 2.2 (d) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(d) An employee in receipt of Long Term Disability benefits will be considered an employee for purposes of superannuation and will continue to be covered by the group life, extended health, dental and medical plans established under an enactment. Employees will not be covered by any other provision of a collective agreement or term and condition of employment but will retain the right of access to a Rehabilitation Committee established thereunder and will retain seniority rights should they return to employment within nine (9) months following cessation of benefits. A temporary assignment or auxiliary appointment will not disqualify an employee from the 9 month access period.

 Section 2.2 (f.1) was added by BC Reg 208/2023, effective September 11, 2023.

 Section 2.3 (a) and (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(a) For employees covered by Plan Type A or B — "total disability", as used in this Plan, means the complete inability, because of an accident or illness, of a covered employee to perform all the duties of his/her own occupation for the first 25 months of disability except where accommodation has been made which enables an employee to work

(i) in his/her own occupation, or

(ii) in a job other than his/her occupation.

Where accommodation has been made which enables an employee to return to work, he/she will not be considered totally disabled and the rate of pay shall be the rate for the job.

If the rate of pay for this job is less than the rate of pay of the employee at the date of disability, the employee's salary will be protected in accordance with the relevant provision of the employee's collective agreement, or terms and conditions of employment, at the employee's basic rate at the date of disability.

After the first two years (25 months for Plan Types A and B) of total disability, where accommodation has been made that enables an employee to return to a job other than his/her own occupation, the employee will not be considered totally disabled and the basic rate shall be the basic rate of the job or 75% of the basic rate of his/her own occupation, whichever is greater.

After the first two years (25 months for Plan Types A and B) of total disability, employees able, by reason of education, training or experience, to perform the duties of a gainful occupation for which the rate of pay is not less than 75% of the current rate of pay of their regular occupation at the date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan.

(b) For employees covered by Plan Type D or E — "total disability", as used in this Plan, means the complete inability, because of an accident or sickness, of a covered employee to perform all the duties of his or her own occupation for the first two years of disability. After the first 2 years of total disability, employees able by reason of education, training or experience, to perform the duties of a gainful occupation for which the rate of pay is not less than 75% of the current rate of pay of their regular occupation at the date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan.

For employees covered by Plan Type H, "total disability", as used in this Plan, means the complete inability, because of an accident or illness, of a covered employee to perform all the duties of his or her own occupation for the first two years of disability.

For employees covered by Plan Type I, "total disability", as used in this Plan, means the complete inability, because of accident or illness, of a covered employee to perform all the duties of his or her own occupation for the first two years (24 months) of disability.

For employees covered by Plan Type J, "total disability", as used in this Plan, means the complete inability, because of accident or illness, of a covered employee to perform all the duties of his or her own occupation.

 Section 2.3 (e) (i) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(i) For employees covered by Plan Type A, B, H or I — if an employee becomes totally disabled and, during this period of total disability, engages in rehabilitative employment, the employee may earn in combination with benefits from this Plan up to 100% of his/her earnings at the date of disability. In the event that income from rehabilitative employment and the benefit paid under this Plan exceed 100% of the employee's earnings at the date of disability, the benefit from this Plan will be further reduced by the excess amount.

 Section 2.3 (b) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(b) For employees covered by Plan Type D or E — "total disability", as used in this Plan, means the complete inability, because of an accident or sickness, of a covered employee to perform all the duties of the employee's own occupation for the first two years of disability. After the first 2 years of total disability, employees able by reason of education, training or experience, to perform the duties of a gainful occupation for which the rate of pay is not less than 75% of the current rate of pay of their regular occupation at the date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan.

For employees covered by Plan Type H, "total disability", as used in this Plan, means the complete inability, because of an accident or illness, of a covered employee to perform all the duties of the employee's own occupation for the first two years of disability.

For employees covered by Plan Type I, "total disability", as used in this Plan, means the complete inability, because of accident or illness, of a covered employee to perform all the duties of the employee's own occupation for the first two years (24 months) of disability.

For employees covered by Plan Type J, "total disability", as used in this Plan, means the complete inability, because of accident or illness, of a covered employee to perform all the duties of the employee's own occupation.

 Section 2.3 (c) BEFORE repealed by BC Reg 208/2023, effective September 11, 2023.

(c) Total disability resulting from mental or nervous disorders are covered by the plan in the same manner as total disability resulting from accident or other sickness, except that an employee who is totally disabled as a result of a mental or nervous disorder and who has received 24 months (25 months for Plan Types A and B) of the Long Term Disability Plan benefit must be confined to a hospital or mental institution, or where they are at home, under the direct care and supervision of a medical doctor, in order to continue to be eligible for benefit payments.

 Section 2.3 (e) (iv) and (v) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(iv) The rehabilitative employment of a disabled employee will continue until such time as the employee's earnings from rehabilitative employment exceed 85% of the employee's earnings at the date of disability but in no event for more than 24 months from the date benefit payments commence.

(v) If earnings are received by an employee during a period of total disability and if such earnings are derived from employment which has not been approved as rehabilitative employment by the employee's doctor and the employer, then the regular monthly benefit from the plan will be reduced by 100% of such earnings.

 Section 2.4 (c) BEFORE repealed by BC Reg 208/2023, effective September 11, 2023.

(c) intentionally self-inflicted injuries or illness;

 Section 2.4 (d) and (e) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(d) for employees covered under Plan Types D and E pregnancy, childbirth, miscarriage or abortion except severe complications following termination of pregnancy (intention is no coverage for normal pregnancy);

(e) for employees covered by Plan Type D or E a disability known to the employer and which was specifically taken into account by the employer at time of hiring.

 Section 2.5 BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

Pre-existing conditions

2.5   An employee shall not be entitled to Long Term Disability benefits from this plan if the employee's total disability resulted from an accident, sickness or mental or nervous disorder with respect to which medical treatment, services or supplies were received in the ninety (90) day period prior to the date of hire unless the employee has completed twelve (12) consecutive months of service after the date of hire during which time the employee has not been absent from work due to the aforementioned accident, sickness or mental or nervous disorder with respect to which medical treatment, services or supplies were received. This clause does not apply to present employees who have been continuously employed since April 1, 1987 (1977 for employees covered by Plan Type G).

[am. B.C. Regs. 386/99, App. 3, s. 3; 343/2002, s. 4.]

 Section 2.6 (a) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(a) In the event a totally disabled employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused the employee to be eligible to receive benefits from this plan, the benefits from this plan will be reduced by one hundred (100) percent of such other disability income.

 Section 2.7 (c) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(c) Should such an employee suffer a subsequent disability that is unrelated to the previous disability and, provided the period during which the employee returned to work is longer than one (1) month, the subsequent disability shall be considered a new disability and the employee shall be entitled to benefit payments in accordance with the provisions of this plan. If the period during which the employee returned to work is one (1) month or less, the subsequent disability shall be deemed a continuation of the preceding disability and the disabled employee shall be entitled to benefit payments in accordance with the provisions of this plan.

 Section 2.8 (a) (i) BEFORE amended by BC Reg 181/2020, effective July 13, 2020.

(i) at the end of the month in which the employee reaches his/her 65th birthday (60th birthday for firefighters, correctional centre employees and special constables of the Legislative Assembly);

 Section 2.8 (a) (i) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(i) at the end of the month in which the employee reaches his/her 65th birthday (60th birthday for firefighters and correctional centre employees);

 Section 2.8 (b) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(b) Benefits will not be paid when an employee is serving a prison sentence.

 Section 2.13 (c) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(c) For employees covered by Plan Type D or E, written notice of an appeal must be submitted to the Plan Administrator within 6 months from the date the claim-paying agent rejects the claim.

 Section 2.14 BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

Physical examination

2.14   The employer, at its own expense, shall have the right and be given the opportunity to have a medical doctor appointed by the employer examine, as often as it may reasonably require, any employee whose injury, sickness, mental or nervous disorder is the basis of claim upon this plan.

 Section 2.20 (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

In the event that a regular employee becomes incapacitated through accident or sickness and is unable to perform all the duties of his/her own occupation, the following shall apply:

 Section 2.20 (a) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(a) For the purpose of this section, "incapacity" shall mean where the employee is unable to perform all the duties of his/her own occupation as defined in the Long Term Disability Plan.

 Section 2.20 (b) (ii) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(ii) make him/herself reasonably available and cooperate with a reasonable rehabilitation/return to work process consistent with Rehabilitation Committee principles,

 Section 2.20 (b) (part) and (c) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(b) Where the employee meets the definition in 2.20 (a) above, the employer shall provide an employee with an application to the Rehabilitation Committee (BCPSA 7 form). An employee who fails to

(c) The application shall be completed and returned to the ministry/employer who shall within 10 work days forward the application to the secretary of the Rehabilitation Committee. The committee members shall be provided with copies of the application.

 Section 2.20 (b) (ii) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(ii) be reasonably available and cooperate with a reasonable rehabilitation/return to work process consistent with Rehabilitation Committee principles,

 Section 4 BEFORE repealed by BC Reg 208/2023, effective September 11, 2023.

Terms and conditions

4   The terms and conditions of the Long Term Disability Plan are determined to be those contained in the Great-West Life Assurance Company Contract 50028 and those specified in Part II of this regulation.

 Schedule A, item A (ww) BEFORE amended by BC Reg 15/2010, effective January 15, 2010.

(ww) all eligible regular excluded employees of the British Columbia Safety Authority;

 Schedule A, item B (ee) BEFORE amended by BC Reg 15/2010, effective January 15, 2010.

(ee) all eligible regular bargaining unit employees of the British Columbia Safety Authority;

 Schedule A, item A (g), (i), (t), (z), (kk) and (qq) BEFORE repealed by BC Reg 31/2013, effective January 30, 2013.

(g) all eligible regular employees of the Judicial Development Commission appointed under the Justice Administration Act;

(i) all eligible regular employees of the Law Reform Commission appointed under the Law Reform Commission Act;

(t) all eligible regular B.C. Mental Health Society employees who are excluded from the provisions of a collective agreement;

(z) all eligible regular excluded employees of the British Columbia Housing Management Commission;

(kk) all eligible regular excluded employees of the Columbia Power Corporation;

(qq) all eligible regular excluded employees of the Fraser River Marine Transportation Limited (Albion Ferry Operations);

 Schedule A, item A (fff) was added by BC Reg 31/2013, effective January 30, 2013.

 Schedule A, item B (e), (f), (h), (p), (t) and (bb) BEFORE repealed by BC Reg 31/2013, effective January 30, 2013.

(e) all eligible regular B.C. Mental Health Society employees represented by the B.C. Government and Service Employees' Union;

(f) all eligible regular B.C. Mental Health Society employees represented by the Professional Employees' Association;

(h) all eligible regular bargaining unit employees of the British Columbia Housing Management Commission;

(p) all eligible regular B.C. Mental Health Society employees represented by the Union of Psychiatric Nurses;

(t) all eligible regular employees of the B.C. Mental Health Society who are represented by the British Columbia Nurses' Union;

(bb) all eligible regular employees of the Fraser River Marine Transportation Limited (Albion Ferry Operations);

 Schedule A, item I (a) BEFORE amended by BC Reg 31/2013, effective January 30, 2013.

(a) all eligible regular judges appointed under the Provincial Court Act, and

 Schedule A, item J BEFORE repealed by BC Reg 31/2013, effective January 30, 2013.

J Plan Type I applies to judicial justices of the peace appointed under the Provincial Court Act.

 Schedule A, item A (d) BEFORE amended by BC Reg 145/2013, effective April 1, 2013.

(d) all eligible regular employees of the Emergency Health Services Commission;

 Schedule A, items A (hh) and (pp) BEFORE repealed by BC Reg 155/2014, effective July 28, 2014.

(hh) all eligible regular excluded employees of the OBL Continuing Care Society;

(pp) all eligible regular excluded employees of the Forensic Psychiatric Services Commission;

 Schedule A, items B (m), (q), (u) and (z) BEFORE repealed by BC Reg 155/2014, effective July 28, 2014.

(m) all eligible regular OBL Continuing Care Society employees represented by the BC Government and Services Employees' Union;

(q) all eligible regular OBL Continuing Care Society employees represented by the Union of Psychiatric Nurses;

(u) all eligible regular employees of the OBL Continuing Care Society who are represented by the British Columbia Nurses' Union;

(z) all eligible regular bargaining unit employees of the Forensic Psychiatric Services Commission;

 Schedule A, items A (d), (gg) and (ii) BEFORE repealed by BC Reg 208/2023, effective September 11, 2023.

(d) all eligible regular employees of British Columbia Emergency Health Services;

(gg) all eligible regular excluded employees of the Provincial Capital Commission;

(ii) all eligible regular excluded employees of the Tillicum and Veterans Care Society;

 Schedule A, items A (f), (ee) and (xx) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(f) all eligible regular officers and employees of the British Columbia Innovation Council;

(ee) all eligible regular excluded employees of the First People's Heritage, Language and Cultural Council;

(xx) all eligible regular excluded employees of Partnerships British Columbia;

 Schedule A, section A (ggg), (hhh), (iii) and (jjj) were added by BC Reg 208/2023, effective September 11, 2023.

 Schedule A, section B (d) BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

(d) all eligible regular employees of the Queen's Printer;

 Schedule A, items B (l), (n), (o), (r) and (v) BEFORE repealed by BC Reg 208/2023, effective September 11, 2023.

(l) all eligible regular bargaining unit employees of the Provincial Capital Commission;

(n) all eligible regular Tillicum and Veterans Care Society employees represented by the BC Government and Service Employees' Union;

(o) all regular public service employees who are represented by Union of Psychiatric Nurses of British Columbia;

(r) all eligible regular Broadmead Care Society employees represented by the Union of Psychiatric Nurses;

(v) all eligible regular employees of the Broadmead Care Society who are represented by the British Columbia Nurses' Union;

 Schedule A, section B (jj) was added by BC Reg 208/2023, effective September 11, 2023.

 Schedule A, section D BEFORE repealed by BC Reg 208/2023, effective September 11, 2023.

D   Plan Type D applies to all eligible regular excluded employees of British Columbia Ferry Services Inc. and Deas Pacific Marine Corporation.

 Schedule A, section E BEFORE amended by BC Reg 208/2023, effective September 11, 2023.

E   Plan Type E applies to all eligible regular employees of British Columbia Ferry Services Inc. and Deas Pacific Marine Corporation as represented by the BC Ferry and Marine Workers Union.