Amended in Senate May 18, 2015

Amended in Senate April 6, 2015

Senate BillNo. 667


Introduced by Senator Jackson

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(Coauthor: Senator Stone)

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February 27, 2015


An act tobegin delete amendend deletebegin insert amend, repeal, and addend insert Sections 2608 and 2627 of the Unemployment Insurance Code, relating to disability.

LEGISLATIVE COUNSEL’S DIGEST

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

(1) Under existing law, a disabled individual is eligible to receive disability benefits equal to 17 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.

Thisbegin delete billend deletebegin insert bill, beginning July 1, 2016,end insert 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 Legislaturebegin delete byend deletebegin insert on or beforeend insert 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.

Thisbegin delete billend deletebegin insert bill, beginning July 1, 2016,end insert would extend to 60 days the time between claims for the same or related cause or condition to be considered one disability benefit period.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2608 of the end insertbegin insertUnemployment Insurance
2Code
end insert
begin insert is amended to read:end insert

3

2608.  

begin insert(a)end insertbegin insertend insert“Disability benefit period,” with respect to any
4individual, means the continuous period of unemployment and
5disability beginning with the first day with respect to which the
6individual files a valid claim for unemployment compensation
7disability benefits. For the purposes of this part, two consecutive
8periods of disability due to the same or related cause or condition
9and separated by a period of not more than 14 days shall be
10considered as one disability benefit period.

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11(b) This section shall become inoperative on July 1, 2016, and
12 as of January 1, 2017, is repealed.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2608 is added to the end insertbegin insertUnemployment Insurance
14Code
end insert
begin insert, to read:end insert

begin insert
15

begin insert2608.end insert  

(a) “Disability benefit period,” with respect to any
16individual, means the continuous period of unemployment and
17disability beginning with the first day with respect to which the
18individual files a valid claim for unemployment compensation
19disability benefits. For the purposes of this part, two consecutive
20periods of disability due to the same or related cause or condition
21and separated by a period of not more than 60 days shall be
22considered as one disability benefit period.

23(b) This section shall become operative on July 1, 2016.

end insert
24begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2627 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
25amended to read:end insert

26

2627.  

A disabled individual is eligible to receive disability
27benefits equal to one-seventh of his or her weekly benefit amount
28for each full day during which he or she is unemployed due to a
29disability only if the director finds that:

P3    1(a) He or she has made a claim for disability benefits as required
2by authorized regulations.

3(b) He or she has been unemployed and disabled for a waiting
4period of seven consecutive days during each disability benefit
5period with respect to which waiting period no disability benefits
6are payable.

7(c) Except as provided in Sections 2626.1, 2626.2, and 2709,
8he or she has submitted to such reasonable examinations as the
9director may require for the purpose of determining his or her
10disability.

11(d) Except as provided in Section 2708.1, he or she has filed a
12certificate as required by Section 2708 or 2709.

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13(e) This section shall become inoperative on July 1, 2016, and
14as of January 1, 2017, is repealed.

end insert
15begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2627 is added to the end insertbegin insertUnemployment Insurance
16Code
end insert
begin insert, to read:end insert

begin insert
17

begin insert2627.end insert  

A disabled individual is eligible to receive disability
18benefits equal to one-seventh of his or her weekly benefit amount
19for each full day during which he or she is unemployed due to a
20disability only if the director finds that:

21(a) He or she has made a claim for disability benefits as required
22by authorized regulations.

23(b) (1) He or she has been unemployed and disabled for a
24waiting period of seven consecutive days during each disability
25benefit period with respect to which waiting period no disability
26benefits are payable.

27(2) The waiting period requirement shall not apply to a person
28who has met the waiting period requirements on the initial claim
29for disability benefits when that person files a subsequent claim
30for disability benefits for the same or a related cause or condition
31within 60 days after the original disability benefit period.

32(c) Except as provided in Sections 2626.1, 2626.2, and 2709,
33he or she has submitted to such reasonable examinations as the
34director may require for the purpose of determining his or her
35disability.

36(d) Except as provided in Section 2708.1, he or she has filed a
37certificate as required by Section 2708 or 2709.

38(e) The director shall report to the Legislature regarding the
39effect of the modified waiting period in paragraph (2) of
40subdivision (b) on or before January 1, 2020, and may submit
P4    1subsequent reports thereafter. The report shall be submitted in
2compliance with Section 9795 of the Government Code.

3(f) This section shall become operative on July 1, 2016.

end insert
begin delete4

SECTION 1.  

Section 2608 of the Unemployment Insurance
5Code
is amended to read:

6

2608.  

“Disability benefit period,” with respect to any
7individual, means the continuous period of unemployment and
8disability beginning with the first day with respect to which the
9individual files a valid claim for unemployment compensation
10disability benefits. For the purposes of this part, two consecutive
11periods of disability due to the same or related cause or condition
12and separated by a period of not more than 60 days shall be
13considered as one disability benefit period.

end delete
begin delete14

SEC. 2.  

Section 2627 of the Unemployment Insurance Code
15 is amended to read:

16

2627.  

A disabled individual is eligible to receive disability
17benefits equal to one-seventh of his or her weekly benefit amount
18for each full day during which he or she is unemployed due to a
19disability only if the director finds that:

20(a) He or she has made a claim for disability benefits as required
21by authorized regulations.

22(b) (1) He or she has been unemployed and disabled for a
23waiting period of seven consecutive days during each disability
24benefit period with respect to which waiting period no disability
25benefits are payable.

26(2) The waiting period requirement shall not apply to a person
27who has met the waiting period requirements on the initial claim
28for disability benefits when that person files a subsequent claim
29for disability benefits for the same or a related cause or condition
30within 60 days after the original disability benefit period.

31(c) Except as provided in Sections 2626.1, 2626.2, and 2709,
32he or she has submitted to such reasonable examinations as the
33director may require for the purpose of determining his or her
34disability.

35(d) Except as provided in Section 2708.1, he or she has filed a
36certificate as required by Section 2708 or 2709.

37(e) The director shall report to the Legislature regarding the
38effect of the modified waiting period in paragraph (2) of
39subdivision (b) on or before January 1, 2020, and may submit
P5    1subsequent reports thereafter. The report shall be submitted in
2compliance with Section 9795 of the Government Code.

end delete


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