POMS Reference

DI 52135: State Specific Public Disability Benefit (PDB) Procedures

BASIC (09-08)

Rhode Island was the first state to establish a Temporary Disability Income (TDI) program. It did so in 1942. TDI provides income support to workers who are out of work because of a non-work related illness or injury. State law provides a TDI benefit for private and certain public employees for 30 weeks.

A. Policy - When receipt of Rhode Island TDI causes offset

TDI benefits paid to private employees cause offset.

TDI benefits paid to State and local government employees may cause offset.

B. Imposing and removing offset

Determine the employment category.

1. Private employees

  • Impose offset.

  • Verify the ending date.

  • Remove offset as of the ending date.

2. State and local government employees

  • Offset if the TDI benefit paid to public employees is based on less than 85 percent employment covered for Social Security purposes.

  • Do not offset if the TDI benefit is based on State or local service all, or substantially all (85 percent or more), of which is covered for FICA purposes.

C. Dependency allowance

The State pays a dependency allowance for dependent children less than 18 years of age. Handicapped children over 18 may also qualify for the allowance. This dependency allowance is limited to five dependents and is equal to the greater of $10 or 7 percent of the worker's benefit rate. Dependency allowances are determined at the start of the benefit year and remain the same for the entire period.

Follow DI 52150.035A. to determine if the dependent allowance is offsettable.

D. Receipt of TDI and Workers’ Compensation (WC)

A worker cannot receive TDI for any period that he or she receives WC. Where an on the job injury occurs, a claim for WC benefits must be filed. Based on a contested WC claim, an employee may file a TDI claim. If the worker later receives WC benefits for any weeks TDI benefits were paid, the employer or the WC Insurance carrier must reimburse TDI for that period.

E. Maximum weekly benefit rate

This table shows the maximum weekly TDI rates and maximum duration:

TDI Disability Occurs Weekly Maximum Paid Up To
07/01/2008 - $671 30 weeks
07/01/2007 - 06/30/2008 $652 30 weeks
07/01/2006 - 06/30/2007 $625 30 weeks
07/03/2005 - 06/30/2006 $607 30 weeks
07/01/2004 - 06/30/2005 $588 30 weeks
07/01/2003 - 06/30/2004 $561 30 weeks

NOTE: Amounts in the chart do not include any additional allowance for dependents.

Quick Reference Charts explaining effective dates, weekly benefit rates and maximum duration are available from the Rhode Island website http://www.dlt.ri.gov/lmi/news.htm .

F. References