Group Disability Insurance
Disability insurance has become an increasingly valuable part of a comprehensive employee benefits package. Not only does disability insurance fill the gaps in financial protection offered by other programs like Social Security, it is also a highly sought-after component of a competitive benefits package for employers who need to attract and retain talented employees. And while employees appreciate the peace of mind they receive as their income replacement benefits are being paid, employers can use the resources offered by insurers to manage time and productivity losses and find the most effective ways to return employees to work.
Employer-Sponsored Disability Insurance
Employer-sponsored disability insurance coverage is an important benefit for every employee. For most workers, the ability to earn a living is their most significant financial asset, and a lengthy period of disability can be devastating. Employers can help protect against that risk by providing group disability income insurance — a group insurance product that provides income replacement benefits to an employee should he or she become sick or injured and unable to work.
Disability insurance protects workers and their families against financial catastrophe by helping them meet daily expenses — bills, mortgages and other expenses — and maintain their standard of living. Disability insurance replaces a percentage of pre-disability income if an employee is unable to work due to illness or injury for a specified period of time. Employers may offer short-term disability coverage, long-term disability coverage, or integrate both short- and long-term disability coverage.
Short-term disability coverage
Short-term disability (STD) coverage provides disabled employees with a specified percentage of pre-disability income — typically 60 percent — once their sick leave has been exhausted. The duration of STD coverage varies, but is typically not more than six months.
Conditions that may trigger payment of STD benefits include pregnancies, strains, sprains and minor surgeries. These conditions typically resolve quickly and employees usually are able to return to work before the benefits are exhausted.
Long-term disability coverage
Long-term disability (LTD) insurance provides income to workers whose earnings are interrupted by lengthy periods of disability. Long-term disability benefits usually begin when sick leave and short-term disability benefits are exhausted, and typically replace about 60 percent of pay. LTD benefits can continue for anywhere from five years to the remainder of an individual’s life. LTD is generally considered protection from the effects of a catastrophic illness or injury, but claims are often a result of common ongoing medical conditions that worsen overtime (e.g., heart disease, hypertension and diabetes).
I already provide workers’ compensation coverage. Doesn’t it help?
Not if the employee became ill or was injured in a non-work setting. Workers’ compensation is state-mandated insurance that covers both lost income and medical expenses for work-related illnesses or injuries. Workers’ compensation cannot help for injuries or illnesses that occur outside of work. This is where STD and LTD provide protection.
Why Provide Disability Insurance?
Disability insurance is both an employee benefit and a health and productivity tool. The rehabilitation and management tools available from most insurers can yield significant savings to employers. While helping your employees avoid financial disaster, disability insurance also helps you mitigate the indirect costs of disabilities, such as finding replacement workers and the costs incurred by time and productivity losses. These problems are amplified for small businesses where the absence of just one key employee can have a lasting impact on productivity and can even impact the continuation of day-to-day operations.
Issues to Consider
Benefit Selection and Funding
Ideally, employers should offer an integrated STD and LTD package. This allows for claims experts to be involved early and find the best ways to return a person to work as quickly as possible. One insurer can provide the early intervention offered with STD benefits and the protection of LTD. This coverage can be fully paid by the employer, cost-shared with the employee or offered as an employee-paid voluntary benefit. Employers often fund a basic plan to protect employees, and employees may then purchase supplemental coverage to better address their individual needs.
Coordination of Benefits
Larger employers often provide a disability program that coordinates STD and LTD benefits with other health and welfare benefits, such as group health insurance and workers’ compensation. Smaller companies with little or no human resources personnel simply need a quality plan that works well along the entire continuum of the disability — from effective employee communication and customer service to easy integration with other benefits.
A variety of key plan components have a direct impact on how claims will be paid and on the cost of the plan.
- Waiting or “Elimination” Period. A plan’s waiting or elimination period is the period between disability onset and the point at which disability benefits become payable. STD benefits may have different waiting periods for disabilities stemming from illnesses and disabilities caused by injuries (e.g., a 7-day waiting period for illness and no waiting period for injuries). A typical waiting period for STD benefits is 15 days but this varies, usually depending on the employer’s sick leave plan. Waiting periods for LTD plans usually start 30 to 180 days after the disability occurs. All coverage should be coordinated to ensure that long-term disability benefits start immediately after any sick pay and short-term disability benefits have been exhausted.
- Definition of Disability. Short-term disability plans typically provide income when an employee is unable to work in his or her “own occupation” due to injury or illness. Long-term disability plans provide income when an employee is unable to work in his or her “own occupation” or unable to work in “any occupation” for which he or she is suited by education, training, and experience. Typically, plans use the “own occupation” standard for an initial period — usually two years (longer periods are available) — with occupation protection covered to age 65 for certain industries or classes of employees. During the “own occupation” period benefits are paid if the employee cannot perform the essential work functions of the occupation in which he or she was employed. The “own occupation” period can then be followed by the more broad “any occupation” standard. Under this standard, a plan would continue to pay benefits only if the employee was unable to perform any job functions for which he or she might be qualified based on education, experience, or training.
- Residual or Partial Disability. Residual or partial disability benefits provide a disability plan to make reduced benefit payments for employees who are able to return to work, but on a part-time or otherwise limited basis due to reduced capacity. The partial payments offset earnings loss while the employee makes the transition back to full-time employment.
- Income Replacement. These plans typically replace 50 to 60 percent of income, although many carriers now offer up to 80 percent of income replacement. A typical weekly maximum benefit for STD policies is $1,000, while LTD policies may provide up to a $10,000 monthly benefit. Plans should be structured to balance financial assistance in a time of great need with incentives for the employee to return to work.
- Benefit Integration Most group plans assume that disability benefits or payments from other sources (SSDI, workers’ compensation, etc.) may be paid to the employee and thus policies should be constructed so that the amount payable can be reduced by the amounts payable by other sources. This provision is vital to ensure that return-to-work efforts are not compromised because the disabled worker earns more while he or she is disabled than while actively working.
Employees Can’t Count on State and Federal Programs
Your employees may believe that the state or federal government will provide the necessary financial help if they become disabled. Some assistance may be available, but it will probably not be adequate to accommodate the needs of their family for an extended period of time.
Most U.S. workers participate in the federal Social Security program and are familiar with the retirement benefits it provides. The Social Security Administration also administers disability benefits under the Social Security Disability Insurance (SSDI) program.
An employee’s salary and the number of years he or she has been participating in the Social Security program determine how much he or she can receive under the SSDI program. SSDI has a strict definition of disability and so benefits are difficult to qualify for, with about only 40 percent of those that apply for SSDI benefits actually qualifying. Even if an individual does qualify, a lengthy application backlog has resulted in a waiting time of two to three years for an individual to receive his or her benefits.
- The standard to qualify for SSDI is more stringent than for most private plans. A person must be unable to engage in “any substantial gainful work which exists in the national economy.” This contrasts with private coverage which usually defines disability as the inability to do one’s “own occupation” or an occupation that matches training, education and experience.
- The SSDI definition of disability also requires that a person be severely disabled. The person’s inability to perform work must result from a condition that is expected to result in death or that has lasted (or can be expected to last) for a continuous period of not fewer than 12 months.
- SSDI doesn’t provide full coverage for all workers. A worker has to build a work and earnings history to be fully covered by the SSDI program, leaving younger workers with added exposure.
Some states offer short-term disability protection, but both SSDI and state-funded programs provide limited disability income protection to individuals who qualify for the benefits. And they are only the most basic safety net. In most cases, they will not provide adequate financial support to maintain a worker’s pre-disability standard of living.
Important Terms: Disability Insurance Glossary
Active, full-time employee:
An individual must work for the employer on a regular basis in the usual course of the employer’s business to be considered an active, full-time employee and be eligible for coverage. Usually, a minimum number of hours of regular work are specified.
The percentage of the employee’s pre-disability income, up to an overall maximum benefit amount, that will be the amount payable to the employee upon disability.
The longest period of time for which benefits are payable for continuous disability.
Definition of total disability:
Probably the most important provision in the disability contract. The definition of total disability is used to determine an employee’s eligibility for benefits.
A definition of disability which states that as long as the employee is unable to perform the duties of his or her regular occupation(s) at the time of disability, the employee will be considered eligible to receive the full benefit under the policy.
An employee will be considered disabled only if he or she is unable to work in any occupation for which he or she is qualified by education, training or experience.
An individual’s physical or mental inability to perform the major duties of his or her occupation because of sickness or injury.
Elimination or waiting period:
The period of time between the date of the disability and the beginning of the benefit payment period. It is the period during which an employee must be disabled before payment of benefits begins.
Evidence of insurability:
Group disability coverage is generally sold as a “guaranteed issue” policy, which means that evidence of insurability is not required. However, under certain circumstances (e.g., late enrollment or a high benefit maximum), an employee must provide medical or financial information as proof of insurability.
Certain conditions and causes that are not covered by the policy. These are listed in the policy. For example, a plan will typically exclude coverage for disabilities resulting from war, participation in a riot, commission of a felony or a self-inflicted injury.
Accidental bodily harm that occurs while a policy is in force.
Lifetime disability benefit:
A benefit that is payable for the lifetime of the employee if he or she is continuously and totally disabled before a specified age (e.g., 45 or 55).
Specific provisions included in the group disability policy that limit coverage in certain situations. For example, only limited benefits are payable for disabilities caused by mental illness and pre-existing conditions.
Maximum benefit period (benefit duration):
The maximum length of time for which benefits are payable under the plan as long as the employee remains continuously disabled.
Maximum monthly benefit:
The highest dollar amount a disabled employee can receive on a monthly basis under the long-term disability policy.
Minimum monthly benefit:
The minimum amount paid as a monthly benefit after reductions for other income benefits (see below).
Other income benefits (benefits integration):
While disabled, an employee may be eligible for benefits from other sources. Benefits payable under the group LTD plan may be offset by other sources of disability income (Social Security, workers’ compensation or other disability benefits).
Partial or residual disability:
An employee’s physical inability to perform some, but not all, of the duties of his or her regular occupation due to sickness or injury.
The amount of an employee’s wages or salary that was in effect and covered by the plan on the day before the disability began.
Pre-existing condition limitations:
Most plans exclude or reduce disability benefits for any illness or injury for which an employee received medical treatment or consultation within a specified time period before becoming covered under the plan.
The presumption that the employee is totally disabled, even if still at work, if sickness or injury results in the total and complete loss of sight in both eyes, hearing in both ears, power of speech or use of any two limbs. The elimination period is waived from the date of the loss and the total disability benefits are payable while such loss continues until the end of the benefit period.
To encourage employees to return to work as soon as they become physically able, an additional incentive is provided for a certain period of time. Typically, the employee can receive up to 100 percent of pre-disability earnings based on a combination of disability benefits and return-to-work earnings.
An illness or disease which is first diagnosed and treated while the policy is in force.
The physical or mental inability to perform the major duties of one’s occupation because of sickness or injury.
Waiting period (for plan enrollment eligibility):
A specified number of continuous days of service as an active, full-time employee that an employee must satisfy in order to become eligible for coverage under the group disability policy.
Waiver of premium:
The provision under the group disability policy that waives the individual’s premium payments for as long as benefits are being paid out.
State Mandated Disability Insurance Laws
State disability insurance benefits are also called temporary disability insurance benefits and short-term disability insurance benefits. Currently, only five states provide or require employers to provide short-term disability insurance benefits. The chart below summarizes information regarding New York state’s requirements, compiled from the agencies responsible for administration of the benefits.
|Disability Benefits Law Employers must provide disability benefits coverage to employees for an off-the-job injury or illness.||
Coverage for disability benefits can be obtained through a disability benefits insurance carrier who is authorized by the New York State Workers' Compensation Board to write such policies. Another option is for large employers to become authorized by the Board to self-insure.
An employer is allowed, but not required, to collect contributions from its employees to offset the cost of providing benefits. An employee's contribution is computed at the rate of one-half of one percent of his/her wages, but no more than sixty cents a week.
Disability benefits = temporary cash benefits paid to an eligible wage earner, when s/he is disabled by an off the job injury or illness. The Disability Benefits Law provides weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment. Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury.
Disability benefits include cash payments only.
Medical care is the responsibility of the claimant. It is not paid for by the employer or insurance carrier. Cash benefits are 50 percent of a claimant's average weekly wage, but no more than the maximum benefit allowed, currently $170 per week.
Benefits are paid for a maximum of 26 weeks of disability during 52 consecutive weeks. For employed workers, there is a 7-day waiting period for which no benefits are paid. Benefit rights begin on the eighth consecutive day of disability. An employer must supply a worker who has been disabled more than seven days with a Statement of Rights (Form DB-2715), within five days of learning that the worker is disabled.
New Jersey Disability Law
State Temporary Disability Insurance (TDI)
A subject employer is automatically covered under the State Plan unless workers are covered under an approved private plan for temporary disability benefits.
A claimant must have had at least 20 calendar weeks in covered New Jersey employment in which he/she earned $145 or more (called "base weeks"), or have earned $7,300 or more in such employment during the "Base Year" period (the 52 weeks immediately before the week in which the disability began). Only covered wages earned during the base year period can be used in determining a claim.
Benefits may be limited if the employee does not meet certain eligibility requirements, has benefits from another source, or continues to be paid by the employer while disabled.
Both New Jersey workers and employers contribute to the cost of temporary disability coverage.
Cost to Workers
Cost to Employers
On January 1 of each year, the taxable wage base changes.
Weekly Benefit Rate (WBR)
Maximum Benefit Amount (MBA)
Private Plan Coverage
Disability During Unemployment Program
Claims filed under this program are governed by both the Unemployment Compensation and Disability Benefits Laws. However, it is essential to remember that they are primarily unemployment insurance claims, established under Section 4(f) of the Unemployment Compensation Law. To be eligible for benefits, the claimant must meet all the requirements of this Law, and become totally unable to work. The claimant must also be under the care of a legally licensed physician, dentist, podiatrist, optometrist, chiropractor, psychologist, certified nurse midwife, or advanced practice nurse.
In order to have a valid Disability During Unemployment claim, the claimant must have been paid a minimum amount of wages while in a job covered by New Jersey's disability insurance program during the base period of the claim. Employment with local governments that have not elected disability coverage for their workers is not covered for disability benefits nor is out-of-state employment, even though it is covered for unemployment insurance.
Neither the employer, nor their workers are required to contribute to the State's Temporary Disability Insurance Trust Fund while the private plan remains in existence. The cost to the worker for the private plan cannot be more than it would be under State Plan.
If employees are to be required to contribute toward the cost of the plan, a written election must be held and a majority of employees must agree to the plan prior to the effective date of the plan.
Disability During Unemployment benefits are subject to federal income tax. Upon the claimant's written request, a federal income tax deduction at the rate of 10% will be made.
All benefits received under the Disability During Unemployment program are considered taxable for federal income tax purposes. At the beginning of the year the claimant will be sent a Form 1099-G which will include the disability benefits as well as any unemployment benefits they received during the previous calendar year.
Benefits under the New Jersey Temporary Disability Insurance Program are not taxable for New Jersey State Income Tax purposes.
At a minimum, approved private plans must meet the basic provisions required of State Plan. Under a private plan:
Weekly Benefit Rate
Maximum Benefit Amount
If you have an unemployment insurance claim and become disabled while unemployed during the benefit year (a benefit year is one year minus two days period beginning from the date of the claim.), you may be paid Disability During Unemployment benefits against that claim. In general, you will receive the same weekly benefit rate as you were receiving on your unemployment insurance claim. The maximum that you can collect in unemployment insurance and Disability During Unemployment combined is one and one-half times the maximum benefit amount on your claim. If you do not have a current unemployment insurance claim, the filing of a valid Disability During Unemployment claim will start a benefit year for you.