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Councilmember Anita Bonds Councilmember Janeese Lewis George 4
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A BILL 10
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
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To amend, on an emergency basis, the Universal Paid Leave Amendment Act of 2016 to 17
prohibit private disability insurance providers from reducing short-term disability 18
benefits based on actual or estimated paid leave benefits an eligible individual may 19
be entitled to from the District, regardless of the jurisdiction in which the insurance 20
policy was issued or written; and to amend Title I of the Insurance Trade and 21
Economic Development Amendment Act of 2000 to make offsetting or reducing 22
benefits under a private market short-term disability insurance policy, based on 23
estimated or actual benefits received under the Universal Paid Leave Amendment 24
Act of 2016, enforceable under that law, regardless of the jurisdiction in which the 25
insurance policy was issued or written. 26
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
act may be cited as the “Short-Term Disability Insurance Benefit Protection Clarification 29
Emergency Amendment Act of 2023”. 30
Sec. 2. Section 107(j)(1) of the Universal Paid Leave Amendment Act of 2016, effective 31
April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.07(j)(1)), is amended to read as 32
follows: 33
“(1) No insurer may offset or reduce benefits or income available to an eligible 34
individual under an individual or group policy for temporary or short-term disability insurance 35
based on estimated or actual benefits the eligible individual may or does receive under this act, 36
regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.”. 37 2
Sec. 3. Section 120a the Insurance Trade and Economic Development Amendment Act of 38
2000, effective April 2, 2001 (D.C. Law 13-265; D.C. Official Code § 31-2231.20a), is amended 39
as follows: 40
(a) Subsection (a) is amended to read as follows: 41
“(a) No insurer may offset or reduce benefits or income available to an eligible individual 42
under a temporary or short-term disability insurance policy, based on estimated or actual benefits 43
the eligible individual may or does receive under the subchapter IV of Chapter 5 of Title 32 44
regardless of in which jurisdiction such policy was executed, written, or delivered.”. 45
(b) Subsection (c) is amended to read as follows: 46
“(c) For the purposes of this section, the term: 47
“(1) “Eligible individual” shall have the same meaning as provided in section 48
101(6) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 49
21-264; D.C. Official Code § 32-541.01(6)). 50
“(2) “Self-insured employer” shall have the same meaning as provided in section 51
101(19A) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. 52
Law 21-264; D.C. Official Code § 32-541.01(19A)).”. 53
Sec. 4. Fiscal impact statement. 54
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 55
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 56
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 57
Sec. 5. Effective date. 58
This act shall take effect following approval by the Mayor (or in the event of veto by the 59
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 60 3
90 days, as provided for emergency acts of the Council of the District of Columbia in section 61
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 62
D.C. Official Code § 1-204.12(a)). 63