Current through Register Vol. 46, No. 45, November 2, 2024
Section 309.8 - Application for benefit(a) Application by employee. Any covered employee may apply for benefits under the plan by submitting an application for such benefits to the insurer.(b) Application by the chancellor on behalf of an employee. When, in the opinion of the chancellor, it appears in the best interests of the employee and the university that an application be filed for disability benefits on behalf of an employee, the chancellor shall appoint a special committee on disability, a majority of said committee to be selected from among duly qualified physicians holding tenured appointment with the university. Said committee shall examine the employee and make findings of fact and a determination with respect to any disability such employee may suffer. Notwithstanding the failure of the employee to cooperate fully with said committee, the provisions of section 309.7 of this Part shall be applicable if said committee finds reasonable grounds to assume that a disability benefit would be payable upon timely application. In the event the insurer finds that the employee is not disabled, the employee shall be restored to service, such restoration to be deemed effective on the date of discontinuation from service.N.Y. Comp. Codes R. & Regs. Tit. 8 § 309.8