District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0389 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
	1	+	1
5	2
6	3		1
	4	+	2
	5	+	________________________________ __________________________________ 3
	6	+	Councilmember Anita Bonds Councilmember Janeese Lewis George 4
	7	+	5
	8	+	6
	9	+	7
	10	+	8
	11	+	9
	12	+	A BILL 10
	13	+	___________ 11
	14	+	12
	15	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
	16	+	_______________ 14
	17	+	15
	18	+	16
	19	+	To amend, on an emergency basis, the Universal Paid Leave Amendment Act of 2016 to 17
	20	+	prohibit private disability insurance providers from reducing short-term disability 18
	21	+	benefits based on actual or estimated paid leave benefits an eligible individual may 19
	22	+	be entitled to from the District, regardless of the jurisdiction in which the insurance 20
	23	+	policy was issued or written; and to amend Title I of the Insurance Trade and 21
	24	+	Economic Development Amendment Act of 2000 to make offsetting or reducing 22
	25	+	benefits under a private market short-term disability insurance policy, based on 23
	26	+	estimated or actual benefits received under the Universal Paid Leave Amendment 24
	27	+	Act of 2016, enforceable under that law, regardless of the jurisdiction in which the 25
	28	+	insurance policy was issued or written. 26
	29	+	27
	30	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
	31	+	act may be cited as the “Short-Term Disability Insurance Benefit Protection Clarification 29
	32	+	Emergency Amendment Act of 2023”. 30
	33	+	Sec. 2. Section 107(j)(1) of the Universal Paid Leave Amendment Act of 2016, effective 31
	34	+	April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.07(j)(1)), is amended to read as 32
	35	+	follows: 33
	36	+	“(1) No insurer may offset or reduce benefits or income available to an eligible 34
	37	+	individual under an individual or group policy for temporary or short-term disability insurance 35
	38	+	based on estimated or actual benefits the eligible individual may or does receive under this act, 36
	39	+	regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.”. 37 2
7	40
8		-	AN ACT
	41	+	Sec. 3. Section 120a the Insurance Trade and Economic Development Amendment Act of 38
	42	+	2000, effective April 2, 2001 (D.C. Law 13-265; D.C. Official Code § 31-2231.20a), is amended 39
	43	+	as follows: 40
	44	+	(a) Subsection (a) is amended to read as follows: 41
	45	+	“(a) No insurer may offset or reduce benefits or income available to an eligible individual 42
	46	+	under a temporary or short-term disability insurance policy, based on estimated or actual benefits 43
	47	+	the eligible individual may or does receive under the subchapter IV of Chapter 5 of Title 32 44
	48	+	regardless of in which jurisdiction such policy was executed, written, or delivered.”. 45
	49	+	(b) Subsection (c) is amended to read as follows: 46
	50	+	“(c) For the purposes of this section, the term: 47
	51	+	“(1) “Eligible individual” shall have the same meaning as provided in section 48
	52	+	101(6) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 49
	53	+	21-264; D.C. Official Code § 32-541.01(6)). 50
	54	+	“(2) “Self-insured employer” shall have the same meaning as provided in section 51
	55	+	101(19A) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. 52
	56	+	Law 21-264; D.C. Official Code § 32-541.01(19A)).”. 53
	57	+	Sec. 4. Fiscal impact statement. 54
	58	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 55
	59	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 56
	60	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 57
	61	+	Sec. 5. Effective date. 58
	62	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 59
	63	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 60 3
9	64
10		-	___________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	_______________
15		-
16		-
17		-	To amend, on an emergency basis, the Universal Paid Leave Amendment Act of 2016 to
18		-	prohibit private disability insurance providers from reducing short-term disability
19		-	benefits based on actual or estimated paid leave benefits to which an eligible
20		-	individual may be entitled from the District, regardless of the jurisdiction in which
21		-	the insurance policy was issued or written; and to amend Title I of the Insurance
22		-	Trade and Economic Development Amendment Act of 2000 to make the
23		-	prohibition on offsetting or reducing benefits under a private market short-term
24		-	disability insurance policy based on estimated or actual benefits received under the
25		-	Universal Paid Leave Amendment Act of 2016 enforceable under that law
26		-	regardless of the jurisdiction in which the insurance policy was issued or written.
27		-
28		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
29		-	act may be cited as the “Short-Term Disability Insurance Benefit Protection Clarification
30		-	Emergency Amendment Act of 2023”.
31		-
32		-	Sec. 2. Section 107(j)(1) of the Universal Paid Leave Amendment Act of 2016, effective
33		-	April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.07(j)(1)), is amended to read as
34		-	follows:
35		-	“(1) No insurer may offset or reduce benefits or income available to an eligible
36		-	individual under an individual or group policy for temporary or short-term disability insurance
37		-	based on estimated or actual benefits the eligible individual may or does receive under this act,
38		-	regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.”.
39		-
40		-	Sec. 3. Section 120a the Insurance Trade and Economic Development Amendment Act of
41		-	2000, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 31-2231.20a), is
42		-	amended as follows:
43		-	(a) Subsection (a) is amended to read as follows:
44		-	“(a) No insurer may offset or reduce benefits or income available to an eligible individual
45		-	under a temporary or short-term disability insurance policy, based on estimated or actual benefits
46		-	the eligible individual may or does receive under the Universal Paid Leave Amendment Act of ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
51		-	2
52		-
53		-	2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.),
54		-	regardless of in which jurisdiction such policy was executed, written, or delivered.”.
55		-	(b) Subsection (c) is amended to read as follows:
56		-	“(c) For the purposes of this section, the term:
57		-	“(1) “Eligible individual” shall have the same meaning as provided in section
58		-	101(6) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law
59		-	21-264; D.C. Official Code § 32-541.01(6)).
60		-	“(2) “Self-insured employer” shall have the same meaning as provided in section
61		-	101(19A) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C.
62		-	Law 21-264; D.C. Official Code § 32-541.01(19A)).”.
63		-
64		-	Sec. 4. Fiscal impact statement.
65		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
66		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
67		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
68		-
69		-	Sec. 5. Effective date.
70		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
71		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
72		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
73		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
74		-	D.C. Official Code § 1-204.12(a)).
75		-
76		-
77		-	______________________________
78		-	Chairman
79		-	Council of the District of Columbia
80		-
81		-
82		-
83		-
84		-
85		-	_________________________________
86		-	Mayor
87		-	District of Columbia
88		-
	65	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 61
	66	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 62
	67	+	D.C. Official Code § 1-204.12(a)). 63