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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 due to congressional review, the Universal Paid Leave 17
Amendment Act of 2016 to prohibit private disability insurance providers from 18
reducing short-term disability benefits based on actual or estimated paid leave 19
benefits an eligible individual may be entitled to from the District, regardless of the 20
jurisdiction in which the insurance policy was issued or written; and to amend Title 21
I of the Insurance Trade and Economic Development Amendment Act of 2000 to 22
make offsetting or reducing benefits under a private market short-term disability 23
insurance policy, based on estimated or actual benefits received under the Universal 24
Paid Leave Amendment Act of 2016, enforceable under that law, regardless of the 25
jurisdiction in which the 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
Congressional Review 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 of the Insurance Trade and Economic Development Amendment Act 38
of 2000, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 31-2231.20a), is 39
amended 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 Universal Paid Leave Amendment Act of 44
2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.), 45
regardless of in which jurisdiction such policy was executed, written, or delivered.”. 46
(b) Subsection (c) is amended to read as follows: 47
“(c) For the purposes of this section, the term: 48
“(1) “Eligible individual” shall have the same meaning as provided in section 49
101(6) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 50
21-264; D.C. Official Code § 32-541.01(6)). 51
“(2) “Self-insured employer” shall have the same meaning as provided in section 52
101(19A) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. 53
Law 21-264; D.C. Official Code § 32-541.01(19A)).”. 54
Sec. 4. Applicability. 55
This act shall apply as of July 26, 2023. 56
Sec. 5. Fiscal impact statement. 57
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 58
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 59
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 60 3
Sec. 6. Effective date. 61
This act shall take effect following approval by the Mayor (or in the event of veto by the 62
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 63
90 days, as provided for emergency acts of the Council of the District of Columbia in section 64
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 65
D.C. Official Code § 1-204.12(a)). 66