                                 CODE OF VIRGINIA

DEFINITIONS (§ 51.1-1100)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Act&#8221; means the Virginia Workers&#8217; Compensation Act (§
65.2-100 et seq.).
		&#8220;Company&#8221; means an insurance company issuing a long-term
disability insurance policy purchased by the Board pursuant to this chapter.
		&#8220;Disability&#8221; means a partial disability or total disability.
		&#8220;Disability benefit&#8221; means income replacement payments payable to
a participating employee under a short-term or long-term disability benefit
program pursuant to this chapter. Disability benefits do not include benefits
payable under the Act.
		&#8220;Eligible employee&#8221; means (i) a state employee as defined in §
51.1-124.3 who is a member of the retirement system, including the hybrid
retirement program described in § 51.1-169; (ii) an employee as defined in §
51.1-201; (iii) an employee as defined in § 51.1-212; or (iv) a qualifying
part-time employee. Any person participating in a plan established pursuant to
§ 51.1-126, 51.1-126.1, 51.1-126.4, 51.1-126.5, 51.1-502.1, or 51.1-502.3 shall
not be an eligible employee. Employees of the University of Virginia Medical
Center covered under the basic insurance policies purchased by the Medical
Center shall not be considered eligible employees under this chapter, unless the
University of Virginia Board of Visitors, or a duly authorized agent or
representative of the Board of Visitors, purchases such insurance policies from
the Virginia Retirement System.
		&#8220;Existing employee&#8221; means an employee who elected to participate
in the Virginia Sickness and Disability Program.
		&#8220;Partial disability&#8221; 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.
		&#8220;Participating employee&#8221; means any eligible employee required or
electing to participate in the program.
		&#8220;Program&#8221; means the program providing sick leave, family and
personal leave, short-term disability, and long-term disability benefits for
participating employees established pursuant to this chapter.
		&#8220;Qualifying part-time employee&#8221; means any person who would qualify
as a state employee as defined in § 51.1-124.3 but, rather than being regularly
employed full time on a salaried basis, is regularly employed part time for at
least 20 hours but less than 40 hours per week on a salaried basis.
		&#8220;State service&#8221; means the employee&#8217;s total period of state
service as an eligible employee, including all periods of classified full-time
and classified part-time service and periods of leave without pay, but not
including periods during which the employee did not meet the definition of an
eligible employee.
		&#8220;Total disability&#8221; 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.
		&#8220;Work-related injury&#8221; means an injury, as such term is defined in
§ 65.2-101, to a participating employee for which benefits are payable under
the Act and the Commonwealth is the employer for purposes of the Act.
		In addition to the definitions listed above, the definitions listed in §
51.1-124.3 shall apply to this chapter except as otherwise provided.

HISTORY: 1998, c. 774; 1999, c. 144; 2000, c. 889; 2001, c. 694; 2012, cc. 701,
823; 2013, c. 463; 2015, c. 660.