Recommendation 45 (Support)
That, for the 2020–21 membership year, each member eligible to participate in the Salary Indemnity Plan pay a fee for the operation of the Salary Indemnity Fund of 1.97% of the actual salary of the member.
This is a gradual increase. The cost of the plan is higher
Recommendation 46 (Support)
That Salary Indemnity Plan regulation 13.C.02—1.8 be deleted in its entirety and replaced with the following:
1.8 Failure to acknowledge in writing, within three months at the request of the Plan Administrator, a willingness to participate or co-operate in a rehabilitation program that has been recommended by the member’s licensed physician and approved by the Salary Indemnity Plan will result in the termination of benefits, forthwith.
1.8 Failure to participate or co-operate in a rehabilitation program that has been recommended by the member’s licensed physician and approved by the Salary Indemnity Plan may result in the suspension of benefits during the period of time that the member did not participate or co-operate in the rehabilitation program.
Required changes to maintain EI regulations
Recommendation 47 (Support)
That Salary Indemnity Plan regulation 13.C.02—3.2 be amended as follows:
3.2 All claims for benefits shall be accompanied by such forms as are required by the Plan Administrator, specifically:
a. claimant application form signed by the member; and
b. with the exception of intermittent absences, a medical form signed by a licensed physician, nurse practitioner, or registered midwife, or in special circumstances, a notarized statement signed by the member; and
c. the school board verification of sick leave form signed by an official of the employing school board or local association or the Federation. Intermittent absences are defined as absences which occur at irregular intervals.
Supports our members returning to work.
Recommendation 48 (Support)
That Salary Indemnity Plan regulation 13.C.02—3.6 be amended as follows: 3.6 A member in receipt of benefits will be required to provide, at periodic intervals, medical evidence of continuing disability, as outlined in regulation 3.7.
Agree with clarification
Recommendation 49 (Likely Support)
That Salary Indemnity Plan regulation 13.C.02—3.7 be amended as follows: 3.7 A member in receipt of benefits for more than three months will be required to provide supporting medical evidence indicating that the member is receiving ongoing care and treatment by a licensed specialist physician for that disability, or a registered psychologist professional as directed by a licensed physician except where the plan administrator is aware that the disability is terminal.
I don't fully understand the implications. We want our members properly supported. I would like to hear if there are any drawbacks to these changes.
Recommendation 50 (Likely Support)
That Salary Indemnity Plan regulation 13.C.02—3.9 be amended as follows: 3.9 Receipt of benefits for an illness which is caused by drug or alcohol abuse use shall be contingent upon the claimant’s enrolment and ongoing participation in a substance withdrawal program recognized by an addiction medicine specialist claimant receiving continuing treatment for the use of these substances.
Recommendation 51 (Likely Support)
That Salary Indemnity Plan regulation 13.C.02—11.2 be deleted and replaced with 11.2 Benefits shall be based on the gross annual salary of the claimant applicable on the last day of work or of sick leave. No adjustment of benefit attributable to increased salary shall be paid except when a claim is closed in one school year and subsequently reopened in the following school year. Then a salary increase, due to a salary grid increase prior to the reapplication, will be recognized. No adjustment of benefits attributable to increases in percentage of contract will be paid until the claimant has returned to work at the new percentage of contract for 20 consecutive working days.
11.2 The claimant’s benefit rate shall be determined as follows:
(a) Benefits shall be based on the gross annual salary of the claimant applicable on the last day of work or of sick leave, based on the claimant’s contractual entitlement.
(b) No adjustment of benefit attributable to increased salary shall be paid except when a claim is closed in one school year and subsequently reopened in the following school year. Then a salary increase, due to a salary grid or negotiated increase prior to the reapplication, will be recognized.
(c) No adjustment of benefits attributable to increases in percentage of contract will be paid until the claimant has returned to work at the new percentage of contract for 20 consecutive working days.
Without the estimated cost impact, I am uncertain. We also don't want members harmed by requiring SIP. We also need to acknowledge that the SIP fee is going up. There is a balance of how much do working members pay as insurance in case they get sick. If the current cost of the plan is 2.21%, we need to decide when it is too much. Countering that is how much is it worth to know that our colleagues are taken care of.
I want to know more and if the plan costs continue to rise, what the long term plans include.
Recommendation 52 (Support)
That Salary Indemnity Plan regulation 13.C.02—11.7 be amended as follows: 11.7 If while in receipt of benefits from this plan the claimant is entitled to claim benefits from Workers’ Compensation for the same accident or illness, or Employment Insurance (maternity/parental) (special benefits, excluding sickness benefits), the benefits from this plan shall be reduced by the amount of benefits from the Workers’ Compensation or Employment Insurance (maternity/parental) (special benefits, excluding sickness benefits) plan.
Adapting to Service Canada changes
Recommendation 53 (Support)
That Salary Indemnity Plan regulation 13.C.02—15 be amended as follows:
15.1 For a claimant to remain eligible to receive benefits, any remunerative paid employment other than the claimant’s normal employment duties must be recommended by a licensed physician and approved by the plan administrator. The plan administrator’s decision is subject to review by the Income Security Committee. The claimant may appeal the plan administrator’s decision to the Income Security Committee.
15.2 For approved paid employment, the claimant shall continue to receive benefits from the plan, but the benefit will be reduced by an amount equal to 50 per cent of the amount earned in employment.
15.3 Days or partial days spent in accommodation (non-teaching) employment shall be assessed as part of the claimant’s benefit period. Where questions arise, the length of the entitlement period shall be determined by resolution of the Income Security Committee.
15.3 Claimants are not required to apply for approval to perform voluntary activities or to take courses during the first 15 weeks of their claim.
15.4 The claimant is responsible for reporting all employment in the manner established by the plan administrator.
15.4 For a claimant to remain eligible to receive benefits beyond the first 15 weeks of their claim, any volunteering or coursework must be recommended by a licensed physician and approved by the plan administrator. The claimant may appeal the plan administrator’s decision to the Income Security Committee.
15.5 The benefit of a claimant engaged in remunerative employment for other than approved accommodation purposes shall be reduced by the full amount earned from that employment.
15.5 The claimant is responsible for reporting all volunteering, coursework, and paid employment in the manner established by the plan administrator.
Adapting to changes
Recommendation 54 (Support)
That Salary Indemnity Plan regulation 13.C.02—19.1 be amended as follows:
19.1 Subject to regulation 7.7, the benefit shall be 65% of the first $40,000 of gross annual salary, 50% of the next $40,000 of gross annual salary, and 40% of the balance. Notwithstanding regulation 7.7, the basic benefit shall never be less than 50% of gross annual salary.
Adapting to changes
Recommendation 55 (Support)
That Salary Indemnity Plan regulation 13.C.02—19.2 be amended as follows: 19.2 Gross annual salary shall be the annual salary of the claimant applicable on the last day of work or sick leave, based on the claimant’s contractual entitlement. No adjustment of benefit attributable to increased salary shall be paid until the claimant has returned to work or sick leave for 20 consecutive working days.
Providing clarity
Recommendation 56 (Support)
That Salary Indemnity Plan regulation 13.C.02—23 be amended as follows:
23.1 For a claimant to remain eligible to receive benefits, any remunerative volunteering, coursework, or accommodation employment must be recommended by a licensed physician and approved by the plan administrator. The plan administrator’s decision is subject to review by the Income Security Committee. The claimant may appeal the plan administrator’s decision to the Income Security Committee. 23.2 Any of the following may be eligible for consideration as accommodation employment: a. a return to normal employment duties on a part-time basis; b. any gainful occupation that is of a less demanding nature than the normal employment duties; c. a formal vocational training program.
23.3 The claimant is responsible for reporting involvement in approved accommodation employment activities in the manner established by the plan administrator.
23.4 Any request by the claimant for an accommodation extension of benefits beyond that outlined in regulation 21.1 must be presented to the Income Security Committee for decision. The Income Security Committee’s decision shall be final and binding.
Recommendation 57 (Support)
That Salary Indemnity Plan regulation 22.1 be deleted with subsequent renumbering:
22.1 No benefits shall be payable for, or on account of; a. intentionally self-inflicted injuries or illnesses, or b. illness or injury incurred while in the service of the armed forces of any country.
Preventing possible misapplication
Recommendation 58 (Support)
That Salary Indemnity Plan regulation 13.C.02—24.3 be deleted and replaced with:
24.3 Any referral of a dispute to a Medical Review Committee must be commenced not later than one year after the claimant has been advised of the decision which is the subject of the dispute. To commence the referral to a Medical Review Committee, a claimant must: (a) advise the plan administrator in writing that they are referring the matter to a Medical Review Committee; and
(b) provide the plan administrator with a written statement signed by a physician that they agree to act as the claimant’s designated physician for the Medical Review Committee.
The Salary Indemnity Plan shall apply for a doctor to represent the plan within 15 days of the above notification, and advise the claimant of its designated physician as soon as reasonably possible thereafter. If the designated physicians cannot agree upon a chairperson within 30 calendar days after the date the plan advises the claimant of the name of its nominee, the appointment shall be made by the Dean of Medicine at the University of British Columbia, or their delegate.
24.3 Any referral of a dispute to a Medical Review Committee must be commenced not later than one year after the claimant has been advised of the decision which is the subject of the dispute.
a. To commence the referral to a Medical Review Committee, a claimant must:
i. advise the plan administrator in writing that they are referring the matter to a Medical Review Committee.
ii. Provide the plan administrator with a written statement signed by a physician that they agree to act as the claimant’s designated physician for the Medical Review Committee.
b. The Salary Indemnity Plan shall apply for a doctor to represent the plan within 15 days of the above notification and advise the claimant of its designated physician as soon as reasonably possible thereafter.
c. The plan’s designated physician will conduct such examinations and review such materials as they deem necessary before providing the plan administrator with their medical opinion regarding the external agency’s decision. A copy of the medical opinion will be provided to the claimant’s designated physician.
d. Upon receiving the above opinion, the plan administrator may:
i. Place the claimant back on claim with payments retroactive to the date of denial/termination, with the claim continuing to be administered in the same manner as all other long-term disability claims.
ii. Confirm the external agency’s decision.
e. If the plan administrator confirms the external agency’s decision, the claimant will advise the plan administrator, within 30 days of their designated physician’s receipt of the medical opinion, about whether they wish to continue with the Medical Review Committee process.
f. If the member does not wish to continue with the Medical Review Committee the dispute will be deemed to have been resolved. If the member wishes to continue with the Medical Review Committee process the designated physicians will select a chairperson for the Medical Review Committee.
g. If the designated physicians cannot agree upon a chairperson within 30 calendar days after the date the claimant informs the plan administrator about their desire to continue with the Medical Review Committee, the appointment shall be made by the Dean of Medicine at the University of British Columbia, or their delegate.
Resolving legal risks
Recommendation 59 (Support)
That the preamble in Procedure 13.C.02 be amended as follows:
These regulations, adopted by the 1984 Annual General Meeting and amended by subsequent Annual General Meetings, are effective September 1, 1984. Amendments to these regulations by subsequent Annual General Meetings are effective on September 1, following the Annual General Meeting at which the amendments were made, except as otherwise noted.
These regulations, adopted by the 1984 Annual General Meeting and amended by subsequent Annual General Meetings, are effective September 1, 2020. These regulations apply to members whose first date of eligibility to receive benefits occurs on or after September 1, 2020. Members whose first date of eligibility to receive benefits is prior to September 1, 2020, will continue to receive benefits based on the plan in effect at that time, except as otherwise noted.
Resolving legal risks
Recommendation 60 (Uncertain - concerned)
That Salary Indemnity Plan regulation 13.C.02—6.3 be amended as follows:
6.3 The Income Security Committee shall review and rule upon any issue of interpretation or application of the regulations in any claim where a member questions the decision of the plan administrator. The committee may waive a requirement, or the application of a regulation, based on compassionate grounds for members.
When the regulations aren't clear, they can be applied unfairly. Today the committee may rule one way and in a year for another member they might rule another way. The cost of the plan is paid for by members and we want to manage costs. We also want to take care of members in need; however, the committee could be inconsistent over time without specific guidelines.
Resolution 147. (Support)
That the Federation investigate providing Long- Term Disability (LTD) benefits to members with a chronic illness who are able to work greater than 60% of their pre-disability FTE with a report back to the 2021 AGM.
As a beginning teacher I really struggled with paying 2% of my salary to an insurance policy for when I run out of sick leave benefits. Working in a high school with 50+ teachers, that meant I was paying for one member to get equivalent to full pay while they didn't work and I did.
I am now more aware of the challenges faced by colleagues and the need to use short or long term disability.
I have also won the health lottery and used very few sick days in my career. I could be sick for more than a year before using up my days. Other colleagues have taught for 20+ years and use their 15 days per year to maintain their health. If they were to fall ill and be off for a month, they would be without any salary unless we had the Salary Indemnity Plan.
Members with chronic illness may progress over time and use up both their sick bank and energy bank before using LTD. I know many colleagues that reduce their contract or job share to be able to cope. This means they are personally paying their own leave. I recognize there may be increased costs to the plan; however, by definition of needing to use LTD, members are struggling or not able to work.
We need to consider paying more if needed to ensure our colleagues do not suffer because of our actions when they already are dealing with illness.
Resolution 148. (Support)
That Policy 13.D.06 be amended to include (including psychological iniury) and and be reported to Worksafe BC so that it now reads: f3.D.06-That any incident, including an accident, near miss, injury (including psychological injury), threat of violence, or occupational disease involving a Federation member be reported to Worksafe BC, investigated by a team which includes the worksite Federation health and safety representative, or another Federation member designated by the representative.
As our jobs become more complex and demanding, we need to make sure all injuries are reported and members appropriately supported.
Resolution149. (Support)
That the Federation develop, deliver, and collate the results of a survey for teachers to begin to document the increasing number of violent threats and incident in and around our schools.
Let's make this happen.
Resolution 150 (Support)
That the BCTF investigate the changes to the Salary Indemnity Plan regulations that would be required in order to provide SIP benefits based on a member's FTE prior to a permanent.and unilateral reduction by the employer related to a member's medical leave, with a report back to the BCTF Executive Committee by the end of June, 2020.
Similar to Resolution 147. The advantage of this is the early reporting which could then have plans for changes brought to the AGM. Perhaps amending 147 with a new timeline or instead of a 'report' that an implementation plan be brought to the 2020 AGM.
Resolution 151 (Support)
That the Federation lobby for a working at heights safety policy for theatre teachers when they are working on learning resources that are at heights in school theatres.
Let's make this happen.
Resolution 152. (Support)
That the Federation create a province-wide survey to gather reported and unreported violent incidences occurring in schools to take to the Workplace K-12 sector meetings to help develop the proposed Workplace Violence Strategy for the Education Sector.
Likely amend 149 with the different details in this motion.
Resolution 153.(Likely Support)
That the Federation provide regular reports to at least one Representative Assembly per year from the Workplace K-12 Sector Meetings for the proposed Workplace Violence Strategy for the Education Sector.
I think this is valuable. My only hesitation is that if we continue adding so many reports to the RA, there is less time for other RA business including motions that don't get on the floor at the AGM
Resolution154. (Likely Support)
That the BCTF urge both the Ministry of Education and local school boards to require that BCTF members serving as site-based Occupational Health and Safety reps are provided with paid release time from their teaching duties to fulfill the obligations of the role, including attending their school's Joint Health and Safety Committee Meetings.
I realize these are required duties of someone at the site; however, many teachers take on many important roles without release time provided. In an ideal world there would be just the right number of TTOC's that they can work as much as they want or need and enough funds for the district to spend on TTOC's so that the system isn't burdened.
In our local bargaining, we had questions about how this might be doable. There we no clear options.
This is also a form of bargaining objective. Where does it fit in priority? I hesitate creating specific bargaining objectives at the AGM other than ones of broad strokes. In this case, it may be more of a motion like "The AGM recommend consideration by the next Bargaining conference that the BCTF negotiate improvements to coverage provided for members doing required work outside of their teaching duties."
