CHAPTER 392

TEMPORARY DISABILITY INSURANCE

 

Part I. Short Title; Purpose; Definitions

Section

392-1 Short title

392-2 Findings and purpose

392-3 Definitions generally

392-4 Place of performance

392-5 Excluded services

392-6 Individual in current employment

392-7 Average weekly wage

 

Part II. Temporary Disability Benefits

392-21 Establishment of temporary disability benefits

392-21.5 Proceedings to determine employment and coverage

392-22 Weekly benefit amount

392-23 Duration of benefit payments

392-24 Waiting period

392-25 Eligibility for benefits

392-26 Care by physician or equivalent required

392-27 Ineligibility in certain cases

392-28 Duplication of benefits not permitted

392-29 No assignment of benefits; exemptions from attachment,

etc.

 

Part III. Provision for Temporary Disability Insurance

Benefits

392-41 Provision for payment of benefits

392-42 Notice of insurance

392-42.5 Insurer's requirements; failure to maintain a claims

service office; penalty; injunction

392-43 Authority to withhold contributions, rate of

contribution, maximum weekly wage base

392-43.5 Payments of premium for ineligible employees not

permitted

392-44 Payment of disability benefits

392-44.5 Notice of denial

392-45 Subrogation rights if employee entitled to workers'

compensation benefits or indemnity under employers'

liability acts

392-46 Subrogation rights against third parties

392-47 Failure to give security for payment of benefits;

penalty; injunction

392-48 The insurance contract

392-49 Insolvency of employer not to release insurer

392-50 Cancellation of insurance contracts

392-51 Failure to submit timely wage and employment

information

392-52 Disposition of accrued benefits where insurer is

unable to locate employee

 

Part IV. Trust Fund for Disability Benefits

392-61 Establishment of trust fund for disability benefits

392-62 Management of the fund

392-63 Disbursements from the fund

392-64 Investment of moneys

392-65 Temporary disability benefits to be paid from the

trust fund for disability benefits; recovery of

disability benefits

392-66 Disability while unemployed

392-67 Assessments for the trust fund for disability

benefits

392-68 Failure to pay assessments

392-69 Request for wage and employment information

 

Part V. Determinations

 

A. Appeal Procedure

392-71 Appeal tribunal

392-72 Appeals, filing and hearing

392-73 Procedure

392-74 Conclusiveness of determinations and decisions

392-75 Judicial review

392-76 Representation

392-77 Payment of benefits

392-78 Recovery of benefits paid; individual's liability to

repay benefits; insurer's appeal rights

392-79 Reconsideration

392-80 Appeal pending when reconsideration issued

392-81 Notice of reconsideration

 

B. Determinations Relating to Wage Withholding

392-86 Disputes between employers and employees relating to

withholding of wages

 

Part VI. Enforcement

392-91 Enforcement by the director

392-92 Penalties

 

Part VII. Miscellaneous Provisions

392-101 Limitation of fees

 

Note

 

Effect of L 2007, c 259 amendments (report to 2009 legislature). L 2007, c 259, 10.

 

Attorney General Opinions

 

Where department essentially has two TDI plans (full-time teachers are covered by a plan approved by DLIR pursuant to 392-41(a)(5), and department's A+ and other employees are paid benefits in accordance with TDI law found in this chapter), if an individual is employed by department as both a full-time teacher and an A+ employee and the individual becomes disabled for both jobs, the department must pay the individual under both TDI plans. Att. Gen. Op. 97-9.

 

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