Bill Text: CA SB667 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Disability insurance: eligibility: waiting period.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-09-28 - Chaptered by Secretary of State. Chapter 357, Statutes of 2015. [SB667 Detail]

Download: California-2015-SB667-Chaptered.html

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BILL NUMBER: SB 667	CHAPTERED
	BILL TEXT

	CHAPTER  357
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2015
	PASSED THE SENATE  MAY 28, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2015
	AMENDED IN SENATE  MAY 18, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Jackson
   (Coauthor: Senator Stone)

                        FEBRUARY 27, 2015

   An act to amend, repeal, and add Sections 2608 and 2627 of the
Unemployment Insurance Code, relating to disability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 667, Jackson. Disability insurance: eligibility: waiting
period.
   (1) Under existing law, a disabled individual is eligible to
receive disability benefits equal to 1/7 of his or her weekly benefit
amount for each full day during which he or she is unemployed due to
a disability if the Director of Employment Development makes
specified findings, including that the individual has been unemployed
and disabled for a waiting period of 7 consecutive days during each
disability benefit period. Existing law provides that during this
7-day waiting period, no disability benefits are payable.
   This bill, beginning July 1, 2016, would waive the 7-day waiting
period for an individual who has already served the 7-day waiting
period for the initial claim when that person files a subsequent
claim for disability benefits for the same or a related condition
within 60 days after the initial disability benefit period. The bill
would also require the director to submit a report regarding the
effect of the modified waiting period to the Legislature on or before
January 1, 2020, as specified.
   (2) Existing law provides that if an individual receives 2
consecutive periods of disability benefits due to the same or a
related cause or condition and separated by not more than 14 days,
they are considered as one disability benefit period.
   This bill, beginning July 1, 2016, would extend to 60 days the
time between claims for the same or related cause or condition to be
considered one disability benefit period.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2608 of the Unemployment Insurance Code is
amended to read:
   2608.  (a) "Disability benefit period," with respect to any
individual, means the continuous period of unemployment and
disability beginning with the first day with respect to which the
individual files a valid claim for unemployment compensation
disability benefits. For the purposes of this part, two consecutive
periods of disability due to the same or related cause or condition
and separated by a period of not more than 14 days shall be
considered as one disability benefit period.
   (b) This section shall become inoperative on July 1, 2016, and as
of January 1, 2017, is repealed.
  SEC. 2.  Section 2608 is added to the Unemployment Insurance Code,
to read:
   2608.  (a) "Disability benefit period," with respect to any
individual, means the continuous period of unemployment and
disability beginning with the first day with respect to which the
individual files a valid claim for unemployment compensation
disability benefits. For the purposes of this part, two consecutive
periods of disability due to the same or related cause or condition
and separated by a period of not more than 60 days shall be
considered as one disability benefit period.
   (b) This section shall become operative on July 1, 2016.
  SEC. 3.  Section 2627 of the Unemployment Insurance Code is amended
to read:
   2627.  A disabled individual is eligible to receive disability
benefits equal to one-seventh of his or her weekly benefit amount for
each full day during which he or she is unemployed due to a
disability only if the director finds that:
   (a) He or she has made a claim for disability benefits as required
by authorized regulations.
   (b) He or she has been unemployed and disabled for a waiting
period of seven consecutive days during each disability benefit
period with respect to which waiting period no disability benefits
are payable.
   (c) Except as provided in Sections 2626.1, 2626.2, and 2709, he or
she has submitted to such reasonable examinations as the director
may require for the purpose of determining his or her disability.
   (d) Except as provided in Section 2708.1, he or she has filed a
certificate as required by Section 2708 or 2709.
   (e) This section shall become inoperative on July 1, 2016, and as
of January 1, 2017, is repealed.
  SEC. 4.  Section 2627 is added to the Unemployment Insurance Code,
to read:
   2627.  A disabled individual is eligible to receive disability
benefits equal to one-seventh of his or her weekly benefit amount for
each full day during which he or she is unemployed due to a
disability only if the director finds that:
   (a) He or she has made a claim for disability benefits as required
by authorized regulations.
   (b) (1) He or she has been unemployed and disabled for a waiting
period of seven consecutive days during each disability benefit
period with respect to which waiting period no disability benefits
are payable.
   (2) The waiting period requirement shall not apply to a person who
has met the waiting period requirements on the initial claim for
disability benefits when that person files a subsequent claim for
disability benefits for the same or a related cause or condition
within 60 days after the original disability benefit period.
   (c) Except as provided in Sections 2626.1, 2626.2, and 2709, he or
she has submitted to such reasonable examinations as the director
may require for the purpose of determining his or her disability.
   (d) Except as provided in Section 2708.1, he or she has filed a
certificate as required by Section 2708 or 2709.
   (e) The director shall report to the Legislature regarding the
effect of the modified waiting period in paragraph (2) of subdivision
(b) on or before January 1, 2020, and may submit subsequent reports
thereafter. The report shall be submitted in compliance with Section
9795 of the Government Code.
   (f) This section shall become operative on July 1, 2016.