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B.C. Reg. 409/97
O.C. 1325/97
Deposited December 5, 1997

Public Service Benefit Plan Act

Long Term Disability Plan Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 145/2013, April 1, 2013]

Point in Time

Contents
Part I
 1.1 Definitions
 1.2 Interpretations
Part II — Long Term Disability Plan
 2.1 Eligibility
 2.2 Long term disability benefit
 2.3 Total disability
 2.4 Exclusions from coverage
 2.5 Pre-existing conditions
 2.6 Integration with other disability income
 2.7 Successive disabilities
 2.8 Cessation of benefits
 2.9 Leave of absence
 2.10 Benefits upon plan termination
 2.11 Contributions
 2.12 Waiver of contributions
 2.13 Claims
 2.14 Physical examination
 2.15 Canadian currency
 2.16 Administration
 2.17 Implementation by regulation
 2.18 Benefit level
 2.19 Repealed
 2.20 Rehabilitation
Part III
 3 Regulation citation
 4 Terms and conditions
 5 Persons to whom Plan applies
 6 Rate of contribution of employee
Schedule A

Part I

Definitions

1.1  In this regulation:

"active employment" or "active service" means time actually worked as a regular status employee. Where the LTD plan requires completion of a period of active employment (or service), that amount of time must be worked by the employee. Time not worked during the active employment (service) period, (such as sick leave or unpaid leave) must be made up before it will count as "active". Time not worked because of vacation or certain other leaves, however, will be credited as "active". It should be noted that such leaves are not normally granted during the active employment or service period;

"basic pay" means the rate of pay for the job, including add-to-pay resulting from salary protection;

"unbroken employment" as it applies to long term disability eligibility for regular employees converted from auxiliary status, has the same meaning as "active employment" and "active service", such that eligibility for benefits is established where, immediately prior to the date of disability, the employee was qualified for short term disability benefits for a period of six months.

[am. B.C. Reg. 438/2004, s. 1.]

Interpretations

1.2 

(a) The Long Term Disability benefit is calculated on basic pay.

(b) Where an employee/appointee has sick bank credits, basic pay will continue during the first part of the long term disability benefit period until the sick bank is exhausted. The employee/appointee will be considered to be on a seven hour day and a five/two shift pattern for purposes of calculating the sick bank usage. The employee/appointee is on Long Term Disability Benefits while utilizing the sick bank credits and is therefore governed by the Long Term Disability Plan provisions.

(c) Each section of the Long Term Disability Plan applies to all persons listed in Schedule A except,

(i)   Repealed. [B.C. Reg. 143/2006, s. 10.]

(ii)   with respect to persons employed by British Columbia Ferry Services Inc.:

(A)  "Screening Committee" is substituted for "Rehabilitation Committee";

(B)  the third party wage loss claim set out in section 2.6 (e) does not apply;

(C)  section 2.8 is renamed "Cessation of Coverage";

(D)  the following paragraph is substituted for section 2.8 (a) (i):

"(i) on the date that is six months prior to the employee's 65th birthday;".

(d) To maintain coverage while on a leave of absence without pay, the rate of contribution of an employee towards payment of premiums is established by the Plan Administrator.

[am. B.C. Regs. 386/99, App. 3, s. 1; 444/2003, App. 3, s. 1; 438/2004, App. 3, s. 2; 143/2006, s. 10.]

Part II — Long Term Disability Plan

Eligibility

2.1 

(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.

(b) An employee who is not actively at work because of illness or injury on the work day coincident with, or immediately preceding, the date the employee would otherwise have become eligible for coverage under the plan will not be eligible for coverage until the date the employee returns to active employment.

(c) Coverage under the plan is a condition of employment.

[am. B.C. Regs. 438/2004, App. 3, s. 3; 143/2006, s. 11.]

Long term disability benefit

2.2 

(a) During the Long Term Disability Plan period under paragraph (a), employees will be considered to be on LTD status as described in paragraph (d), and therefore not entitled to vacation or other benefit credits.

(a.1) In the event an employee, while covered under this plan, becomes totally disabled as a result of an accident or a sickness, then, after the employee has been totally disabled for a period as set out in the applicable Short Term Illness and Injury Plan, including periods approved under the Recurring Disability section of the applicable Short Term Illness and Injury Plan, the employee shall be eligible to receive a monthly benefit as follows:

(i)   while the employee has a sick bank balance to be used on a day-for-day basis, full monthly earnings will continue until the sick bank is exhausted, and section 2.6 below will not apply;

(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.

(b) For the purposes of 2.2 (a) above, earnings shall mean basic monthly earnings as at the date of disability as determined by the employer.

The basic monthly earnings as at the date of disability shall be the basic pay in effect for the last month of the Short Term Illness and Injury Plan period, or period of equivalent duration, taking into consideration any retroactive adjustments. The date of disability for determining the commencement of the first two (2) years (25 months for Plan Types A and B) of disability shall be the day following the last month of the Short Term Illness and Injury Plan period, or of a period of equivalent duration.

(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.

(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.

(e) When an employee is in receipt of the benefit described in 2.2 (a) (ii) above, contributions required for benefit plans in 2.2 (d) above and contributions for superannuation will be waived by the employer.

(f) An employee engaged in rehabilitative employment with the employer and who is receiving partial Long Term Disability benefit payments will have contributions required for benefit plans in 2.2 (d) above and contributions for superannuation waived by the employer, except that superannuation contributions shall be deducted from any salary received from the employer to cover the period of rehabilitative employment.

(g) Benefit Continuation — coverage under the LTD Plan continues uninterrupted if an employee is

(i)   granted leave of absence with pay,

(ii)   working at least half time on a regularly scheduled basis,

(iii)   transferred or granted a break in service or leave of absence without pay for a period of less than one full calendar month and returns to service, either to the same group or to another group covered under these plans with the exception of the wage loss benefits, or

(iv)   on an approved maternity/parental/adoption leave authorized by the applicable terms and conditions of employment.

[am. B.C. Regs. 343/2002, App. 3, s. 1; 3/2004, s. 1; 438/2004, App. 3, s. 4; 143/2006, s. 12.]

Total disability

2.3 

(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.

(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.

(d) During a period of total disability an employee must be under the regular and personal care of a legally qualified doctor of medicine.

(e) (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.

(ii)   For employees covered by Plan Type E or J — if an employee becomes totally disabled and, during this period of total disability, engages in rehabilitative employment, the regular monthly benefit from this plan will be reduced by 25% of the employee's earnings from such rehabilitative employment. In the event that income from rehabilitative employment and the benefit paid under this plan exceed 85% of the employee's earnings at the date of disability, the benefit from this plan will be further reduced by the excess amount.

(iii)   "Rehabilitative employment" shall mean any occupation or employment for wage or profit or any course or training that entitles the disabled employee to an allowance, provided such rehabilitative employment has the approval of the employee's doctor and the employer.

(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.

(f) In the event that an employee has been classified as totally disabled for all occupations and engages in approved rehabilitative employment, the provisions of 2.3 (e) above apply except that the rehabilitative employment may continue for 24 months (25 months for Plan Types A and B) from the date rehabilitative employment commenced.

(g) In the case where rehabilitative employment has been approved while an employee is receiving a benefit under the provisions of section 2.2 (a) (i), the provisions of section 2.3 (e) shall not apply until the employee is receiving a benefit under section 2.2 (a) (ii).

[en. B.C. Reg. 386/99, App. 3, s. 2; am. B.C. Regs. 343/2002, App. 3, s. 2; 444/2003, App. 3, s. 2; 3/2004, s. 2; 438/2004, App. 3, s. 5; 143/2006, s. 13.]

Exclusions from coverage

2.4  The Long Term Disability Plan does not cover total disabilities resulting from:

(a) war, insurrection, rebellion, or service in the armed forces of any country after the commencement of this plan;

(b) voluntary participation in a riot or civil commotion except while an employee is in the course of performing the duties of the employee's regular occupation;

(c) intentionally self-inflicted injuries or illness;

(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.

[am. B.C. Regs. 343/2002, App. 3, s. 3; 143/2006, s. 14.]

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.]

Integration with other disability income

2.6 

(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.

(b) Other disability income shall include, but not necessarily be limited to:

(i)   any amount payable under the Workers' Compensation Act or Law or any other legislation of similar purpose;

(ii)   any amount the disabled employee receives from any group insurance, wage continuation or pension plan of the employer that provides disability or retirement income;

(iii)   any amount of disability income provided by any compulsory act or law;

(iv)   any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled employee is entitled or to which the employee would be entitled if the application for such a benefit was approved;

(v)   any amount of disability income provided by any group or association disability plan to which the disabled employee might belong or subscribe.

(c) The amount by which the disability benefit from this plan is reduced by other disability income will normally be the amount to which the disabled employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this plan.

(d) Notwithstanding section 2.6 (a) through 2.6 (c), in the case of Insurance Corporation of British Columbia (ICBC) Weekly Indemnity payments or personal insurance coverage, integration will apply to the extent that the combination of plan benefits and ICBC Weekly Indemnity payments or personal insurance disability income benefits exceed either

(i)   one hundred (100) percent of basic pay, or

(ii)   the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply, the employee will be required to provide satisfactory evidence of the employee's total monthly income.

(e) Notwithstanding section 2.6 (a) through 2.6 (d), where an employee makes a successful wage loss claim against a third party for an injury for which the employee received or would receive Long Term Disability benefits, the employer will be entitled to recover or decrease plan benefits by an amount equal to the amount that plan benefits in combination with the wage loss claim paid exceed one hundred (100) percent of basic pay.

(f) For employees covered by Plan Type A, B, H, I or J, section 2.6 (e) above is subject to the following:

(i)   the amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the employer's share based on the same ratio as the employer's interest in the amount recovered to the total recovery;

(ii)   the existence of an action commenced by or on behalf of an employee does not preclude the employer from joining the employee's action or commencing an action on its own behalf respecting the benefits paid;

(iii)   where the employer or the employee intends to commence or join such an action, they shall advise the other in writing of that intention.

(g) This section does not apply to a war disability pension paid under an act of the Governments of Canada or other Commonwealth countries.

[am. B.C. Regs. 386/99, App. 3, s. 4; 343/2002, App. 3, s. 5; 438/2004, App. 3, s. 6; 143/2006, s. 15.]

Successive disabilities

2.7 

(a) If, following a period of total disability with respect to which benefits are paid from this plan, an employee returns to work on a full-time basis for a continuous period of six(6) months or more, any subsequent total disability suffered by that employee, whether related to the preceding disability or not, shall be considered a new disability and the disabled employee shall be entitled to benefit payments in accordance with the provisions of this plan.

(b) In the event the period during which such an employee has returned to work is less than six (6) months and the employee again suffers a total disability related to the preceding disability, 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 the plan as though the employee had not returned to work.

(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.

(d) Limitation of benefits for successive disabilities in (b) and (c) above must be determined within one year from the date of absence due to successive disabilities.

[am. B.C. Reg. 143/2006, s. 16.]

Cessation of benefits

2.8 

(a) An employee shall cease to be eligible for benefits of this plan at the earliest of the following dates:

(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);

(ii)   on the date of commencement of paid absence prior to retirement;

(iii)   on the date of termination of employment with the employer.

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

(c) Cessation of active employment as a regular employee shall be considered termination of employment except when an employee is on authorized leave of absence with or without pay.

(d) When a regular employee becomes an auxiliary employee, LTD Plan Coverage ceases on the date of employment status change.

[am. B.C. Regs. 438/2004, App. 3, s. 7; 143/2006, s. 17.]

Leave of absence

2.9  (1) Employees on leave of absence without pay may opt to retain coverage under the plan for a period not to exceed 24 months, provided that the employee pays the full premium.

(2) Despite subsection (1), an employee is not required to pay the full premium if

(a) the employee is on approved Maternity/Parental/Pre-Placement Adoption Leave, or

(b) the leave of absence is for the purpose of working for or volunteering with CUSO.

[en. B.C. Reg. 129/2007, App. 3.]

Benefits upon plan termination

2.10  In the event this Long Term Disability Plan is terminated, the benefit payments shall continue to be paid in accordance with the provisions of this plan to disabled employees who become disabled while covered by this plan prior to its termination.

Contributions

2.11  Unless provided otherwise, the cost of this plan will be borne by the employer.

Waiver of contributions

2.12  Employee contributions to this plan shall be waived with respect to disabled employees during the time such an employee is in receipt of disability benefit payments from this plan.

Claims

2.13 

(a) Long Term Disability claims will be adjudicated and paid by a claims-paying agent to be appointed by the employer. In the event a covered employee disputes the decision of the claims-paying agent regarding a claim for benefits under this plan, the employee may arrange to have the claim reviewed by a Claims Review Committee composed of three (3) medical doctors; one (1) designated by the claimant, one (1) by the employer, and a third agreed to by the first two. Written notice of a disputed claim or an appeal under this plan shall be sent to the Plan Administrator.

(b) For employees covered by Plan Type A, B, H, I or J:

(i)   Written notice of an appeal must be submitted to the Plan Administrator within 60 days from the date the claims-paying agent rejected the claim. Due to extenuating circumstances, the time frame may be extended by the Plan Administrator.

(ii)   Where the claims-paying agent denies benefits due to insufficient medical evidence being provided, an employee will have 60 days in which to provide satisfactory medical evidence to support the claim.

In such circumstances, the 60-day appeal period in (i) above will not commence until the claims-paying agent renders its decision based on the medical evidence provided.

Where the employee fails to provide further satisfactory medical evidence within the 60-day period, the claim will be deemed to have been denied and the appeal period in (i) above shall commence.

(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.

(d) The expenses incurred by a Claims Review Committee may be paid by the Plan in accordance with the relevant collective agreement or terms and conditions of employment.

(e) Where an employee has disputed the decision of the claims-paying agent and is awaiting the outcome of a review or an appeal, the employee will be considered to be on leave of absence without pay during the portion of the waiting period when not receiving pay or benefit allowance. During the waiting period an employee will continue to be covered by group life, extended health, dental and medical plans.

(f) For employees covered by Plan Type A, B, H, I or J — LTD benefits received will be reduced by the same amount of any benefits received for the same period under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, except where the benefits received for that period under those Acts are repaid to the government. Where the employee has been deemed eligible for benefits, under one or both of those Acts, which exceed the LTD benefits level, LTD benefits will not be subject to reduction for that additional amount.

[am. B.C. Regs 386/99, App. 3, s. 5; 343/2002, App. 3, s. 6; 438/2004, App. 3, s. 9; 143/2006, s. 18.]

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.

Canadian currency

2.15  All monies payable to or from this plan shall be payable in Canada in Canadian currency.

Administration

2.16  The employer will be the administrator of the plan. All questions arising as to the interpretation of this plan shall be subject to the grievance and arbitration procedures in the applicable master agreement, or other dispute resolution process in the terms and conditions of employment.

Implementation by regulation

2.17  The provisions of this Plan shall become part of a memorandum of agreement between the parties and will be implemented by regulations.

[en. B.C. Reg. 386/99, App. 3, s. 6.]

Benefit level

2.18  Persons receiving benefits under this plan shall receive the same increases to their benefit level as granted in wage increases under the applicable collective agreement or terms and conditions of employment.

[en. B.C. Reg. 386/99, App. 3, s. 6.]

Repealed

2.19  Repealed. [B.C. Reg. 343/2002, App. 3, s. 7.]

Rehabilitation

2.20  This section applies to those employees appointed under the Public Service Act who are covered by Plan Type A or B:

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:

(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.

(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

(i)  sign the application form,

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

(iii)  actively engage in a treatment program where the employee's physician determines it to be appropriate to be involved in such a program,

shall have benefits suspended.

Prior to having benefits suspended, an employee shall be afforded an opportunity to demonstrate that there were reasonable grounds for failing to meet the above obligations.

(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.

(d)   The Rehabilitation Committee will, based on the information, coordinate the necessary medical and/or vocational assessments and determine the following:

(i)  if the application is properly before the committee;

(ii)  based on the assessment, determine whether the employee is immediately capable of performing modified, alternative or rehabilitative employment;

(iii)  if no to (ii) above the committee may, based on the assessments, implement the necessary training to place the employee in alternative or rehabilitative employment;

(iv)  in considering modified, alternative or rehabilitative employment, the committee may provide advice and make recommendations to the ministry/employer to return the incapacitated employee to work considering the following accommodations:

(A) modification of the duties of the employee's job;

(B) flexibility in scheduling hours of work within existing hours of operation;

(C) provision of technical or mechanical aids.

(e)   (i) Where the employee is considered capable of performing alternative employment or once the rehabilitative employment is considered to be successful, and the employee is therefore able to perform the duties of a gainful occupation, the employee may be referred for placement to a public service position.

(ii)  Repealed. [B.C. Reg. 343/2002, App. 3, s. 8 (3).]

(f)   A public service employee in receipt of Short Term Illness and Injury Plan benefits, whose prognosis for return to work exceeds 8 weeks, may be referred to the Rehabilitation Committee if the Occupational Health Programs determines it is medically appropriate to do so.

(g)   In those cases where a return to their own occupation is unlikely, public service employees may be referred, by either party, to the Rehabilitation Committee while on the Short Term Illness and Injury Plan. In such cases, section 2.20 (c), (d) and (e) above will apply.

(h)   Where an employee has a physical occupational illness or injury, the ministry/employer will, where feasible, accommodate the employee's incapacity so as to avoid a time loss illness or injury. Where a time loss illness or injury occurs, the compensation payable will be in keeping with the provisions of the Short Term Illness and Injury and the Long Term Disability Plans.

(i)   Where the ministry/employer has concerns with recommendations made in accordance with section 2.20 (d) (iv) above, the concerns will be reviewed with the Rehabilitation Committee.

[en. B.C. Reg. 386/99, App. 3, s. 6; am. B.C. Regs. 343/2002, App. 3, s. 8; 438/2004, App. 3, s. 10; 143/2006, s. 19.]

Part III

Regulation citation

3  This regulation may be cited as the Provincial Long Term Disability Plan Regulation.

[am. B.C. Reg. 343/2002, App. 3, s. 9.]

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.

Persons to whom Plan applies

5  The persons to whom the Long Term Disability Plan applies are specified in Schedule A to this regulation.

Rate of contribution of employee

6  The rate of contribution of an employee toward payment of premiums, where the employee is on an employer approved leave of absence without pay, will be at a rate established by the agency responsible for administering this regulation.

[en. B.C. Reg. 386/99, App. 3, s. 7.]

Schedule A

[am. B.C. Regs. 386/99, App. 3, s. 8; 343/2002, App. 3, s. 10; 444/2003, App. 3, ss. 3-8;

438/2004, App. 3, ss. 11-13; 542/2004; 336/2005, ss. 5 and 6; 91/2006; 143/2006, ss. 20 to 22; 4/2008, s. 3; 5/2009, App. 3; 15/2010, App. 3; 31/2013, Sch. C, s. 1; 145/2013, App. 2, s. 9.]

Part II of this regulation outlines the Long Term Disability plans found in the governing terms and conditions of employment or collective agreements of participating employees, agencies, boards, and commissions. The major plan types and the employees covered are:

A Plan Type A applies to employees as follows:

(a) all regular public service employees who are excluded from the provisions of a collective agreement;

(b) all eligible regular ministers' secretaries and other administrative support employees appointed under section 15 of the Public Service Act;

(c) Repealed. [B.C. Reg. 343/2002, App. 3, s. 10 (1).]

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

(e) all eligible regular employees of Government House, Victoria, British Columbia;

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

(g) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(h) all eligible regular employees of the British Columbia Utilities Commission appointed under the Utilities Commission Act;

(i) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(j) Repealed. [B.C. Reg. 438/2004, App. 3, s. 11 (a).]

(k) Repealed. [B.C. Reg. 444/2003, App. 3, s. 3 (a).]

(l) Repealed. [B.C. Reg. 386/99, App. 3, s. 8 (1) (b).]

(m) all eligible regular persons appointed by an order of the Lieutenant Governor in Council where applicability is specified in the appointing order;

(n) the eligible regular chair and associate chairs of the Labour Relations Board who opt to be covered by the Plan and who do not have coverage under any other Long Term Disability Plan under which premiums are paid by the Province of British Columbia;

(o) all eligible regular full-time employees and excluded personnel of the Legislative Assembly, including employees of the Office of the Speaker, Office of the Clerk, Hansard staff, Legislative Library staff and staff of the Sergeant-at-Arms;

(p) all eligible regular full-time employees of legislative caucuses;

(q) all eligible regular full-time employees paid under Vote 1 and working in a caucus capacity, such as persons working in offices of independent Members;

(r) all eligible regular officers of the Legislative Assembly;

(s) Repealed. [B.C. Reg. 444/2003, App. 3, s. 3 (a).]

(t) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(u) all eligible regular employees of the Office of the Commissioner of Conflict of Interest;

(v) full-time commissioners and all eligible regular employees of the B.C. Treaty Commission;

(w) all eligible regular employees of the Public Sector Employers' Council;

(x) and (y) Repealed. [B.C. Reg. 444/2003, App. 3, s. 3 (a).]

(z) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(aa) Repealed. [B.C. Reg. 343/2002, App. 3, s. 10 (4).]

(bb) all eligible regular excluded employees of the British Columbia Securities Commission;

(cc) Repealed. [B.C. Reg. 444/2003, App. 3, s. 3 (a).]

(dd) all eligible regular excluded employees of the Employment Standards Tribunal;

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

(ff) all eligible regular excluded employees of Islands Trust;

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

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

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

(jj) Repealed. [B.C. Reg. 343/2002, App. 3, s. 10 (4).]

(kk) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(ll) and (mm) Repealed. [B.C. Reg. 143/2006, s. 20 (b).]

(nn) Repealed. [B.C. Reg. 343/2002, App. 3, s. 10 (4).]

(oo) Repealed. [B.C. Reg. 143/2006, s. 20 (b).]

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

(qq) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(rr) all eligible regular excluded employees of the Office of the Police Complaints Commission;

(ss) Repealed. [B.C. Reg. 143/2006, s. 20 (b).]

(tt) all eligible regular excluded employees of the British Columbia Investment Management Corporation;

(uu) all eligible regular excluded employees of the British Columbia Pension Corporation;

(vv) all eligible regular excluded employees of the Royal BC Museum;

(ww) Repealed. [B.C. Reg. 15/2010, App. 3, s. 1.]

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

(yy) all eligible regular excluded employees of the British Columbia Excluded Employees' Association;

(zz) all eligible regular excluded employees of the Workers' Compensation Appeal Tribunal;

(aaa) all eligible regular excluded employees of the Freshwater Fisheries Society;

(bbb) all eligible regular excluded employees of the Business Practices and Consumer Protection Authority;

(ccc) Repealed. [B.C. Reg. 4/2008, s. 3 (a).]

(ddd) all eligible regular excluded employees of Community Living British Columbia;

(eee) all eligible full-time employees whose terms and conditions of employment are those of, or are equivalent to those established for, category C appointments under Order in Council 806/89;

(fff) all eligible regular excluded employees of the Transportation Investment Corporation.

B Plan Type B applies to employees as follows:

(a) all regular public service employees who are represented by the B.C. Government and Service Employees' Union;

(b) all regular public service employees of the Liquor Distribution Branch who are represented by the B.C. Government and Service Employees' Union;

(c) all regular public service employees who are represented by the Professional Employees' Association;

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

(e) and (f) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(g) all eligible regular employees of the Labour Relations Board covered by the Association agreement;

(h) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(i) Repealed. [B.C. Reg. 343/2002, App. 3, s. 10 (7).]

(j) Repealed. [B.C. Reg. 444/2003, App. 3, s. 4 (a).]

(k) all eligible regular bargaining unit employees of Islands Trust;

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

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

(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;

(p) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

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

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

(s) all regular public service employees who are represented by the British Columbia Nurses' Union;

(t) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

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

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

(w) Repealed. [B.C. Reg. 143/2006, s. 21.]

(x) all eligible regular employees of the Professional Employees Association;

(y) Repealed. [B.C. Reg. 143/2006, s. 21.]

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

(aa) Repealed. [B.C. Reg. 143/2006, s. 21.]

(bb) Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1.]

(cc) all eligible regular employees of the British Columbia Pension Corporation;

(dd) all eligible regular bargaining unit employees of the Royal BC Museum;

(ee) Repealed. [B.C. Reg. 15/2010, App. 3, s. 21.]

(ff) all eligible regular bargaining unit employees of the Freshwater Fisheries Society;

(gg) all eligible regular bargaining unit employees of the Business Practices and Consumer Protection Authority;

(hh) Repealed. [B.C. Reg. 4/2008, s. 3 (b).]

(ii) all eligible regular bargaining unit employees of Community Living British Columbia.

C Repealed. [B.C. Reg. 386/99, App. 3, s. 8 (3).]

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

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.

F and G Repealed. [B.C. Reg. 143/2006, s. 22.]

H Plan Type H applies to employees as follows:

(a) to all eligible regular employees who are constituency assistants to members of the Legislative Assembly of British Columbia.

(b) Repealed. [B.C. Reg. 91/2006, s. (b).]

I Plan Type J applies to

(a) all eligible regular judges and judicial justices of the peace appointed under the Provincial Court Act, and

(b) eligible regular masters of the Supreme Court of British Columbia if applicability is specified in the appointing order.

J Repealed. [B.C. Reg. 31/2013, Sch. C, s. 1 (d).]

[Provisions relevant to the enactment of this regulation: Public Service Benefit Plan Act, R.S.B.C. 1996, c. 386, sections 3 and 7]