Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 16. (a) An application for benefits must:

1. (1) be submitted by an employee, or a person acting on the employee's behalf, to the department or, if a third party administrator is contracted by the state, the third party administrator; and
2. (2) include a request for benefits and signed physician's statement evidencing the nature, extent, and probable duration of the disability.

(b) The effective date of benefit payments shall not precede the date the application is made by an employee, or a person acting on the employee's behalf, to the department or, if a third party administrator is contracted by the state, the third party administrator.

(c) An employee must apply for Social Security and pension benefits at the same time as or before applying for long term disability benefits. The employee must exercise due diligence in attempting to secure an award of Social Security and pension benefits.

(d) Determination of disability and eligibility for benefits is made by the department, together with the disability determination bureau of the division of disability and rehabilitative services, or by a third party administrator contracted by the state.

(State Personnel Department; 31 IAC 5-9-16; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)