BILL ANALYSIS Ó
AB 2886
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON INSURANCE
Tom Daly, Chair
AB 2886
(Committee on Insurance) - As Amended March 29, 2016
SUBJECT: Disability benefits: eligibility determinations:
benefit computations: overpayment determinations: appeals
SUMMARY: Extends the appeals window for state disability
insurance (SDI) and paid family leave (PFL) benefits from 20 to
30 days. Specifically, this bill:
1)Extends the period of time to appeal a determination of SDI or
PFL benefits from 20 to 30 days, effective March 1, 2018.
2)Specifies the period of time to appeal to the decision of an
administrative law judge (ALJ) regarding SDI or PFL benefits
to the California Unemployment Insurance Appeals Board (CUIAB)
to be 30 days.
3)Provides that, until March 1, 2018, any person who appeals a
determination of SDI or PFL benefits within 30 days will be
deemed to have good cause to submit the appeal after the 20
day deadline has passed.
EXISTING LAW:
AB 2886
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1)Establishes the SDI system to provide partial wage replacement
benefits to workers who lost their job through no fault of
their own.
2)Establishes the PFL system to provide partial wage replacement
benefits for workers to bond with a new child or provide care
for a sick family member.
3)Requires appeals to be filed within 20 days of the claimant or
employer receiving notice of EDD's determination.
4)Establishes the California Unemployment Insurance Appeals
Board (CUIAB) to hear appeals of unemployment insurance (UI),
SDI, and PFL determinations made by EDD.
FISCAL EFFECT: Undetermined
COMMENTS:
1)Purpose . Senate Bill 1314 (Statutes of 2014, Chapter 399)
extended the window for UI appeals from 20-30 days. The CUIAB
hears appeals for all three programs (UI, SDI, and PFL) and
having different appeals windows for the distinct programs
adds administrative complexity. This bill simplifies CUIAB
operations by establishing a single standard for timely
appeals across all three programs. The bill delays
implementation of this change until March 1, 2018 to allow EDD
and CUIAB time to make the required changes to their computer
systems. However, the bill effectively implements the 30 day
rule as of January 1, 2017 by providing that appeals filed
within 30 days have "good cause" to have been filed late.
REGISTERED SUPPORT / OPPOSITION:
AB 2886
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Support
Employment Development Department (sponsor)
Opposition
None received
Analysis Prepared by:Paul Riches / INS. / (916) 319-2086