LTD Questions and Answers
2014
1.Is there a qualifying period for Long Term Disability?
Yes - a period of four (4) months from the date of disability. This is sometimes referred to as the waiting period.
2.What is my date of disability?
Your date of disability is usually the last day you worked prior to your illness or injury or the date your physician deemed you unable to work due to illness or injury (most often these dates are one and the same).
3.What are my possible sources of revenue during the 4-month qualifying (waiting) period?
- accumulated sick leave credits; or
- advanced sick leave credits
- if employed for 2 years or greater
- Employment Insurance Sick Leave benefits; or
- any accumulated benefits you may have (overtime, vacation, etc)
4.If I leave work due to illness or injury, what about the premiums for LTD; Health and Dental; Group Life Insurance and Accidental Death and Dismemberment?
When you are using paid sick leave or borrowed sick leave, your premiums are automatically taken out of your pay. In order to maintain coverage when you are on unpaid leave from your employer (for example while receiving Employment Insurance sick benefits) you must arrange with the Human Resources Department to continue paying your premiums by providing post-dated cheques until your L.T.D. claim is approved. See question #12 for further information on your premiums.
5.When should I apply for LTD?
When you have been off work for illness or injury for 2 months, you should begin the application process for LTD; even though you are not sure at this time if you will be off beyond the 4-month qualifying (waiting) period. You must apply within 10 months from your last day of work in order to be eligible.
6.Where can I obtain the LTD application forms?
You can obtain the LTD application forms from your Human Resources Department; or directly from your employer if there is no Human Resources Department in your workplace.
7.What medical evidence is required to process my LTD claim?
First and foremost, the medical evidence must clearly state why you can not work as a nurse at this time including: What is the diagnosis? What is the treatment? What is the expected length of treatment? When is the treatment being administered and by whom? What assessments, tests, etc. have been completed?
Your family physician ordinarily completes the medical form. It is advised to include:
- consultation reports from medical experts (e.g. orthopedist, oncologist, surgeon);
- radiology or laboratory reports; or
- consultation reports with any other Health Care provider (e.g. physiotherapist, psychologist, social worker).
8.What do I have to document?
You must document in complete detail how the existing illness or injury prevents you from working as a nurse and even limits or prevents you from completing activities of daily living. A simple yes or no will not be sufficient. If there is not sufficient space on the form use additional paper to document your restrictions and limitations.
9.Is anyone available to assist me with the process of applying for LTD?
The Union understands this can be a very trying time for members. When you are sick or injured this process can be somewhat overwhelming. There are Labour Relations Officers at the Union prepared to assist in anyway they can. Just call 1-800-442-4914. You will only need to identify where you work and your call will be channeled to the Labour Relations Officer that covers your area.
10.Once my Physician and I have completed the LTD forms, do I have to return them to my employer or Human Resources Department?
No. You may send both forms (yours and your Physician’s) along with a copy of your birth certificate directly to:-
Public Service Employee Benefits Division
Province of New Brunswick
Office of Human Resources
P.O. Box 6000
Fredericton, NB
E3B 5H1 (this address should be on the forms).
The Union recommends sending the forms by registered mail, so you will have a record of when and how the forms were sent. You then notify your employer that you have sent the forms directly. Make copies of the forms for your record prior to mailing.
11.What if my LTD claim is denied?
There is an appeal process with the LTD Plan. Once you receive a written explanation of the denial, the letter will explain that you have thirty (30) days to notify Medavie Blue Cross that you intend to appeal and ninety (90) days to submit new medical evidence. If you need further assistance in understanding the process, you can contact your Labour Relations Officer at 1-800-442-4914.
12.What will be my monthly benefit while on LTD?
60% of the 1st $2,500 monthly salary at date of becoming disabled, plus 50% of salary from $2,501 to $4,750. Your monthly salary is based on the current regular earnings of your full-time or part-time position including educational increments, but excluding casual and overtime hours. This is a tax free benefit and not considered earned income.
Once your LTD claim is approved, your premiums for LTD, Health and Dental, Group Life Insurance, and Accidental Death and Dismemberment may be waived while in receipt of Long Term Disability benefits.
- For Nurses, Part III, and Nurse Managers and Supervisors, your premiums for Health and Dental, Group Life Insurance and Accidental Death and Dismemberment are waived while in receipt of Long Term Disability benefits.
- For Nursing Home Nurses, you may obtain waiver of premiums if approved for Group Life Insurance and Accidental Death and Dismemberment by completing the waiver of premium form through Assumption Life. Nursing Home Nurses now receive a waiver for Health and Dental.
- The other premiums are waived for as long as you are in receipt of LTD benefits.
13.Should I keep a file pertaining to my LTD claim?
Absolutely, you should keep a file of all information pertaining to your LTD claim, including copies of all letters, forms, consultations; as well as a record of all telephone calls (when, who, what, etc.).
14.Can my benefit be reduced?
If while, in receipt of (or eligible to receive), benefits under this LTD Plan, benefits are also payable from other sources, the amount of the benefit payable under this LTD Plan will be reduced.
The Long Term Disability benefit will be offset by an amount payable to the employee under the Workplace Health Safety Compensation Commission (or payment in lieu of) and gross CPP/QPP benefits.
If the employee’s monthly benefit, plus income from all the sources specified under other income such as disability benefits under any other group, including those public pension plan disability benefits payable to the employee on behalf of dependants, exceed 85 % of pre-disability net (gross salary minus deduction for Income Tax) salary, the benefit will be reduced by such excess amount.
Where a totally disabled employee has a cause of action against a third party for income lost as a result of his/her disability (e.g. car accident), the employee will be required to complete a reimbursement agreement form. If the employee fails to do so, disability benefits under the LTD Plan will cease. The employee will be required to reimburse the amount of over compensation (which means more than the monthly LTD benefit) to the Claims Administrator. Legal fees and disbursements attributable to the wage loss portion of the claim against the third party shall be deducted. The amount to be reimbursed, less interest, shall not exceed the amount of benefits paid by the Claims Administrator.
15.Do I have to continue paying Union dues during the qualifying (waiting) period and while receiving LTD benefits?
Automatic deduction of Union dues is made by your employer while on paid leave. Thereafter, while on approved leave without pay and receiving Employment Insurance or LTD benefits, you continue to be a member of the Union without payment of dues for the period of your leave of absence, as per NBNU’s Constitution and By-Laws.
16.Do I accumulate seniority when I am in receipt of LTD benefits?
No. You are considered to be on a leave of absence without pay from your employment and therefore your seniority is retained but does not accumulate through this time period.
17.Do I keep my position (job) while I am receiving LTD benefits?
As indicated in your collective agreement, an employee receiving LTD benefits shall be placed in her previous held position when she returns to work unless the position was affected by workforce adjustment.
18.What if I am not able to return to my former position due to restrictions and/or limitations?
Under your collective agreement, the employer and the Union have agreed to the following: - when a nurse is unable to perform her regular duties due to disability or injury, the employer will make every reasonable effort to relocate the employee in a position or job consistent with her disability.
Medical evidence will be required that documents restrictions and/or limitations.
In this process, you will need the assistance of your Labour Relations Officer and you can contact her by dialing 1-800-442-4914.
19.What happens to my license to practice under the Nurses Association of New Brunswick when I am off work in receipt of L.T.D. benefits?
When you are off work and on L.T.D., you may carry a non-practising status. However, prior to returning to work, you must activate your license to a Practising Membership with the NANB.
20.How long will I be able to receive Long Term Disability benefits?
That depends entirely on your medical information and your health.
The program provides benefits which start after a qualifying period of four (4) months from the date the disability commenced (usually four (4) months from the date you last worked).
For the next 2 years, you will continue to receive benefits if the medical information indicates you are unable to perform the regular duties of your normal occupation.
Benefits will only continue beyond this 2 year period, if your medical condition indicates you are unable to perform the duties of ‘any occupation’ for which you have the training, education and experience that would pay you at least 75% of your nurses’ salary.
21.Do I have to apply for Canada Pension Plan (CPP) disability benefits?
Yes. The LTD Plan has been designed to share the cost of income replacement among other compulsory benefits.
22.When do I apply for CPP benefits?
You will be required by Medavie Blue Cross to apply for CPP benefits immediately if it appears your recovery period will extend beyond one year.
If your anticipated recovery period is unknown when your LTD claim is approved, you will be advised when it is appropriate to apply.
23.What happens to my Pension Plan when I am on LTD?
- Part III nurses, Nurse managers and Supervisors (full-time and part-time) when in receipt of LTD benefits, this period of time is considered to be years of service in your Pension Plan with no required contributions.
- Nursing Home Nurses (full-time and part-time) when in receipt of LTD benefit do not contribute to their Pension Plan and the period of time is not considered years of service in the Pension Plan. Once you return to work, you may wish to inquire with your employer about buying back this period of time.
24.Who is eligible for the LTD Plan?
All full-time employees are eligible for the LTD plan. For part time nurses, however, the status must be at least 0.4ETP. It is a condition of employment for new full-time and part-time employees (therefore mandatory). Casual employees are not eligible.
25.What are the Plan contributions?
- Contributions to the Plan are paid 100% by the employee. It is based on the employee’s permanent status ie: If you are a part-time employee at .5 you will be paying .5 of the LTD rate of a full-time. If you change your status on a permanent basis, your premium will change as well.
- Currently the premium rate for nurses is $3.20 per $100 of salary.
- If an error is made in the premium by the employer, retroactive adjustments to required plan contributions will be permitted for the appropriate period, but not to exceed one (1) year. All nurses should verify that they are paying the appropriate premiums by checking their pay stubs.
26.When does a member stop making long term disability premium payments?
Full-timeand part-time employees shall stop LTD premium payments four (4) months before their 65th birthday.
Revised March 2014
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