2006 Utah Code - 49-21-402 — Reduction of benefit -- Circumstances -- Application for other benefits required.

     49-21-402.   Reduction of benefit -- Circumstances -- Application for other benefits required.
     (1) A monthly disability benefit may not be paid for any period of total disability unless the eligible employee is under the ongoing care and treatment of a physician other than the eligible employee.
     (2) The monthly disability benefit shall be reduced by any amount received by, or payable to, the eligible employee from the following sources for the same period of time during which the eligible employee is entitled to receive a monthly disability benefit:
     (a) Social Security disability benefits, including all benefits received by the eligible employee, the eligible employee's spouse, and the eligible employee's children as determined by the Social Security Administration;
     (b) workers' compensation indemnity benefits;
     (c) any monies received by judgment, legal action, or settlement from a third party liable to the employee for the disability;
     (d) unemployment compensation benefits; and
     (e) automobile no-fault, medical payments, or similar insurance payments.
     (3) The monthly disability benefit shall be reduced by any amount in excess of 1/3 of the eligible employee's regular monthly salary received by, or payable to, the eligible employee from the following sources for the same period of time during which the eligible employee is entitled to receive a monthly disability benefit:
     (a) any employer-sponsored retirement programs; and
     (b) any disability benefit resulting from the disability for which benefits are being received under this chapter.
     (4) Cost-of-living increases to any of the benefits listed in Subsection (2) may not be considered in calculating a reduction to the monthly disability benefit.
     (5) Any amounts payable to the eligible employee from one or more of the sources under Subsection (2) are considered as amounts received whether or not the amounts were actually received by the eligible employee.
     (6) (a) An eligible employee shall first apply for all disability benefits from governmental entities under Subsection (2) to which the eligible employee is or may be entitled, and provide to the office evidence of the applications.
     (b) The eligible employee shall also first apply at the earliest eligible age for all unreduced retirement benefits to which the eligible employee is or may be entitled, and provide to the office evidence of the application.
     (c) If the eligible employee fails to make application under Subsection (6)(a) or (b), the monthly disability benefit shall be suspended.

Amended by Chapter 116, 2005 General Session

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