Article 1.2 - Nonindustrial Disability Insurance

California Education Code — §§ 89529.15-89529.25

Sections (11)

Amended by Stats. 1996, Ch. 385, Sec. 2. Effective January 1, 1997.

As used in this article:

(a)“Employee” means any of the following:

(1)A permanent or probationary full-time employee of the trustees, regardless of period of service, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after October 1, 1976.

(2)A permanent or probationary part-time or intermittent employee of the trustees with at least the equivalent of six monthly compensated pay periods of service in the 18 months of pay periods immediately preceding the pay period in which the disability begins, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after January 1, 1979.

(3)In addition to those eligible under paragraph (1), an employee of the trustees appointed half-time or more for one year of service or one academic year, as defined by the trustees, or more, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after January 1, 1979.

(4)A permanent or probationary full-time employee of the trustees, regardless of period of service, who is a participant in the optional retirement program pursuant to Chapter 5.5 (commencing with Section 89600), provided that he or she would otherwise be eligible to participate in the Public Employees’ Retirement System except for the election to participate in the optional retirement program.

(b)“Full pay” means the gross base salary earnable by the employee and subject to retirement contribution on the date of the commencement of his or her disability.

(c)“Disability” or “disabled” includes mental or physical illness and mental or physical injury including any illness or injury resulting from pregnancy, childbirth, or related medical condition. An employee is deemed disabled on any day in which, because of his or her physical, mental, or medical condition, he or she is unable to perform his or her regular or customary work.

(d)“Disability benefit period”, with respect to any individual, means the continuous period of disability beginning with the first day with respect to which the individual files a valid claim for nonindustrial disability benefits. For the purpose of this article, 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.

(e)“Appeals board” means the California Unemployment Insurance Appeals Board.

§ 89529.16

Added by Stats. 1988, Ch. 670, Sec. 3.

If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

§ 89529.17

Added by Stats. 1988, Ch. 670, Sec. 3.

(a)When an employee is disabled, whether temporarily or permanently, the employee shall become entitled, subject to the provisions of this article, to receive nonindustrial disability benefits in an amount equal to one-half pay, but not to exceed one hundred twenty-five dollars ($125) per week, payable monthly for a period not exceeding 26 weeks for any one disability benefit period, but in no case shall benefits be payable for any day on and after death or separation or retirement from state service.

(b)For purposes of this section, the “full pay” of a part-time or intermittent employee only shall be established in accordance with the following:

(1)Where the part-time employment is regularly scheduled and is a fixed proportion of the established workweek, the payments shall be determined on the basis of that proportionate part of the monthly rate.

(2)Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class.

§ 89529.18

Added by Stats. 1988, Ch. 670, Sec. 3.

A disabled employee is eligible to receive nonindustrial disability benefits under this article equal to one-seventh of his or her weekly benefit amount specified in Section 89529.17 for each full day during which he or she is unemployed due to a disability only if the Director of Employment Development finds that:

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

(b)He or she has been disabled for a waiting period of seven consecutive days during each disability benefit period with respect to which waiting period no benefits under this article are payable except for confinement in a hospital or nursing home for at least one day.

(c)He or she has exhausted all sick leave to which he or she was entitled under Article 1 (commencing with Section 89501) of this chapter.

(d)Except for an individual described in Section 2709 of the Unemployment Insurance Code, he or she has submitted to such reasonable examinations as the Director of Employment Development may require for the purpose of determining his or her mental or physical disability.

(e)He or she has filed a certificate described in Section 2708 or 2709 of the Unemployment Insurance Code.

(f)Except as otherwise provided, he or she meets, in all respects, the eligibility requirements imposed on individuals by Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code for receipt of umemployment compensation disability benefits.

In case of any conflict between Part 2 (commencing with Section 2601) of the Unemployment Insurance Code and this article, this article shall prevail.

§ 89529.19

Added by Stats. 1988, Ch. 670, Sec. 3.

A disabled employee shall be eligible to receive nonindustrial disability benefits under this article without being required to use any vacation leave accrued under Article 1 (commencing with Section 89501) of this chapter, unless the employee, in his or her sole discretion, elects to use the vacation leave in lieu of receiving benefits under this article, in which case benefits under this article shall not commence until the employee has exhausted the accrued vacation leave.

§ 89529.20

Added by Stats. 1988, Ch. 670, Sec. 3.

An employee is not eligible for disability benefits under this article with respect to any period for which the Director of Employment Development finds that he or she has received or is entitled to receive unemployment compensation benefits under Part 1 (commencing with Section 100) of Division 1 of the Unemployment Insurance Code or under an unemployment compensation act of any other state or of the federal government.

§ 89529.21

Added by Stats. 1988, Ch. 670, Sec. 3.

(a)Except as provided in this section, an individual is not eligible for disability benefits under this article for any day of unemployment and disability for which he or she has received, or is entitled to receive, “other benefits” in the form of cash payments.

(b)“Other benefits”, as used in this section, means:

(1)Temporary disability indemnity under a workers’ compensation law of this state or of any other state or of the federal government or under Article 1.1 (commencing with Section 89529).

(2)Temporary disability benefits under any employer’s liability law of this state or of any other state or of the federal government.

(c)If such “other benefits” are less than the amount an individual would otherwise receive as disability benefits under this article, he or she shall be entitled to receive, for that day, if otherwise eligible, disability benefits under this article reduced by the amount of the “other benefits”. If after receipt of, or determination of entitlement to receive, such other benefits, a claim for disability benefits under this article is filed during the same continuous period of disability, because of a disability for which a claim for the other benefits was made, the maximum amount of disability benefits payable under this article during the disability benefit period thereby established shall be reduced by the amount of the “other benefits” which the claimant has received or has been determined to be entitled to receive.

§ 89529.22

Added by Stats. 1988, Ch. 670, Sec. 3.

Discretionary deductions of the employee, including those for coverage under a state health benefits plan in which an employee is enrolled, shall be deducted from the disability benefits under this article unless canceled by the employee. If an employee deduction under a state health benefits plan is continued, the state employer contribution shall also continue.

An employee shall not receive service credit under the Public Employees’ Retirement System or the State Teachers’ Retirement System during the period of receipt of disability benefits under this article and contributions to the Public Employees’ Retirement System or the State Teachers’ Retirement System shall not be deducted. State employer contribution shall also not be made to either system during that period.

An employee shall not accrue sick leave or vacation credit or service credit for any other purpose during the period of receipt of disability benefits under this article.

§ 89529.23

Added by Stats. 1988, Ch. 670, Sec. 3.

Filing, determination, and payment of disability benefit claims under this article shall be made in accordance with the procedures prescribed by Article 4 (commencing with Section 2701) of Chapter 2 of Part 2 of Division 1 of the Unemployment Insurance Code.

§ 89529.24

Added by Stats. 1988, Ch. 670, Sec. 3.

The trustees shall adopt any rules and regulations necessary for the administration of this article for employees of the California State University.

§ 89529.25

Added by Stats. 1988, Ch. 670, Sec. 3.

The reenactment of this article at the 1987–88 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law.