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Employer - LTD New Jersey

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  • Employer - LTD New Jersey

    I want to make sure that I'm getting accurate information on one of my LTD employees. This employee, per his doctor, is eligible to work part time. We currently do not have any work for him. Can we terminate his employment? Would he still be eligible for his LTD benefits? In addition, we are still paying his health insurance premiums. I have been told that we are not legally bound to do this. Is that true? I know if we terminate his insurance, we would have to offer COBRA. Any help would be appreciated. I know LTD is mostly plan specific, but I wonder if these things were more general. Thanks in advance.

  • #2
    Need more information. How long has he been out? Is it a workers comp situation?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      He's been out since June 2009. He had a stroke. We have been paying his health insurance since he's been out.

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      • #4
        In those circumstances, then, yes, you can legally terminate. As you already know, you must offer COBRA. It is highly unlikely that it will affect his LTD benefits, though only someone who has access to his plan document (i.e. you) can carve the answer in stone. (In over 30 years of administering STD and LTD plans, I have never seen and only once heard of a plan where disability benefits stopped when employment did.)

        You've gone well beyond what the law requires.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Just to clarify, we can legally terminate employment and health insurance correct?

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          • #6
            Yes. You can legally terminate both employment and health insurance. As indicated, you will need to offer COBRA.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment

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