§ 33-134. Reduction of benefits.  


Latest version.
  • (a) Reduction by payments received. Disability benefits must be reduced by any amount the employee receives from:
    (1) any other government group income maintenance insurance coverage for the disability;
    (2) Social Security disability benefits, including benefits payable to dependents on account of the disability;
    (3) any government disability plan;
    (4) the optional or integrated plan of the employees' retirement system under Article III;
    (5) the retirement savings plan under this Division, or amounts the employee is entitled to receive under the retirement savings plan for a public safety employee; and
    (6) employment, including net earnings from self-employment, received directly or indirectly.
    (b) Amount of reduction. The disability benefits must be reduced by:
    (1) one dollar for every three dollars of earnings under paragraph (a)(6); and
    (2) one dollar for every one dollar of other payments under subsection (a).
    If the employee receives any payment in subsection (a) as a lump sum or in periodic payments, or elects not to take a benefit available under the retirement savings plan, the amount will be converted to a life annuity for reduction of disability benefits under this Section.
    (c) Workers' compensation benefits. If an employee receives payments under this plan for a disability that also entitles or has entitled the employee to receive workers' compensation benefits under State law, the benefits provided under this plan satisfy the County's obligations under State law to provide workers' compensation benefits. If the benefits paid to an employee under this plan exceed the County's workers' compensation benefits required under State law, the County's obligation to pay benefits under the workers' compensation law is satisfied and any other County workers' compensation payments to the employee must stop. If the benefits paid to an employee under this plan are less than the County's workers' compensation benefits required under State law, the County's workers' compensation payments to the employee must be offset by the benefits paid to the employee under this plan. (1994 L.M.C., ch. 13, § 2; , § 1.)