Amended in Senate April 6, 2015

Senate Bill No. 667

Introduced by Senator Jackson

February 27, 2015

An act to amend begin delete Section end delete begin insert Sections 2608 and end insert 2627 of the Unemployment Insurance Code, relating to disability.

LEGISLATIVE COUNSEL’S DIGEST

SB 667, as amended, Jackson. Disability insurance: eligibility: waiting period.

begin delete

Under

end delete

begin insert (1) end insert begin insert   end insert begin insert Under end insert 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 would waive the 7-day waiting period for an individual who has already served the 7-day waiting period begin insert for the initial claim when that person files a subsequent claim for disability benefits end insert for the same or a related condition within begin delete the previous 60 days. end delete begin insert 60 days after the initial disability benefit period. end insert The bill would also require the director to submit a report regarding the effect of the modified waiting period to the Legislature by January 1, 2020, as specified.

begin insert

(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.

end insert begin insert

This bill would extend to 60 days the time between claims for the same or related cause or condition to be considered one disability benefit period.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2608 of the end insert begin insert Unemployment Insurance
Code end insert begin insert is amended to read: end insert

2608.  

“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 begin delete 14 end delete begin insert 60 end insert days shall be
considered as one disability benefit period.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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) (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 begin delete already served the seven-day waiting period for the same
or a related condition within the previous 60 days. end delete begin insert 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. end insert

(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.