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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55138</law_id><section_number>51.1-1150</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-290</reference><reference>51.1-124.22</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="51.1">Pensions, Benefits, and Retirement</unit><unit label="chapter" level="2" order_by="1" identifier="11.1">Disability Program for Hybrid Retirement Program Participants</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Act</span>&#x201D; means the Virginia Workers&#x2019; Compensation <span class="dictionary">Act</span> (&#xA7;&#xA0;<a class="law" title="Short title" href="/65.2-100/">65.2-100</a> et seq.).
		&#x201C;<span class="dictionary">Company</span>&#x201D; means an insurance <span class="dictionary">company</span> issuing a long-term disability insurance policy purchased by the Board pursuant to this chapter.
		&#x201C;<span class="dictionary">Continuous service</span>&#x201D; means an uninterrupted period of service as a <span class="dictionary">participating employee</span> with the same employer.
		&#x201C;Disability&#x201D; means a <span class="dictionary">partial disability</span> or <span class="dictionary">total disability</span>.
		&#x201C;<span class="dictionary">Disability benefit</span>&#x201D; means income replacement payments payable to a <span class="dictionary">participating employee</span> under a short-term or long-term <span class="dictionary">disability benefit</span> <span class="dictionary">program</span> pursuant to this chapter. <span class="dictionary">Disability benefits</span> do not include benefits payable under the <span class="dictionary">Act</span>.
		&#x201C;<span class="dictionary">Eligible employee</span>&#x201D; means a person who is (i) not eligible for the disability <span class="dictionary">program</span> pursuant to Chapter 11 (&#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-1100/">51.1-1100</a> et seq.) and (ii) participating in the hybrid retirement <span class="dictionary">program</span> described in &#xA7;&#xA0;<a class="law" title="Hybrid retirement program" href="/51.1-169/">51.1-169</a>. &#x201C;<span class="dictionary">Eligible employee</span>&#x201D; also includes an <span class="dictionary">eligible dispatcher</span>.
		&#x201C;<span class="dictionary">Eligible dispatcher</span>&#x201D; means a person who (i) is employed by a locality participating in the retirement system pursuant to Article 5 (&#xA7;&#xA0;<a class="law" title="Resolution of governing body; approval by Board" href="/51.1-130/">51.1-130</a> et seq.) of Chapter 1 as a full-time salaried dispatcher for a public safety answering point as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/56-484.12/">56-484.12</a> and (ii) is not participating in the hybrid retirement <span class="dictionary">program</span> described in &#xA7;&#xA0;<a class="law" title="Hybrid retirement program" href="/51.1-169/">51.1-169</a>.
		&#x201C;<span class="dictionary">Partial disability</span>&#x201D; means a disability that exists during the first 24 months following the occurrence or commencement of an illness or injury when an employee is earning less than 80 percent of his predisability earnings and, as a result of an injury or illness, is (i) able to perform one or more, but not all, of the essential job functions of his own job on an active employment or a part-time basis; or (ii) able to perform all of the essential job functions of his own job only on a part-time basis.
		&#x201C;<span class="dictionary">Participating employee</span>&#x201D; means any <span class="dictionary">eligible employee</span> required to participate in the <span class="dictionary">program</span>.
		&#x201C;<span class="dictionary">Program</span>&#x201D; means the <span class="dictionary">program</span> providing short-term disability and long-term <span class="dictionary">disability benefits</span> for <span class="dictionary">participating employees</span> established pursuant to this chapter.
		&#x201C;Service&#x201D; means a period of service as a <span class="dictionary">participating employee</span>.
		&#x201C;<span class="dictionary">Total disability</span>&#x201D; means a disability that exists (i) during the first 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform all of his essential job functions or (ii) after 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform any job for which he is reasonably qualified based on his training or experience and earning less than 80 percent of his predisability earnings.
		&#x201C;<span class="dictionary">Work-related injury</span>&#x201D; means an injury, as such term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/65.2-101/">65.2-101</a>, to a <span class="dictionary">participating employee</span> for which benefits are payable under the <span class="dictionary">Act</span> and the employer for purposes of the <span class="dictionary">Act</span> is the Commonwealth or other political subdivision through which the <span class="dictionary">participating employee</span> became eligible for the <span class="dictionary">program</span>.
		In addition to the definitions listed in this section, the definitions listed in &#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-124.3/">51.1-124.3</a> shall, as the context requires, apply to this chapter except as otherwise provided.</p></section></text><history>2012, cc. 701, 823; 2025, c. 190.</history><metadata></metadata></law>
