District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0496 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
	1	+	1
4	2
5	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 due to congressional review, the Universal Paid Leave 17
	20	+	Amendment Act of 2016 to prohibit private disability insurance providers from 18
	21	+	reducing short-term disability benefits based on actual or estimated paid leave 19
	22	+	benefits an eligible individual may be entitled to from the District, regardless of the 20
	23	+	jurisdiction in which the insurance policy was issued or written; and to amend Title 21
	24	+	I of the Insurance Trade and Economic Development Amendment Act of 2000 to 22
	25	+	make offsetting or reducing benefits under a private market short-term disability 23
	26	+	insurance policy, based on estimated or actual benefits received under the Universal 24
	27	+	Paid Leave Amendment Act of 2016, enforceable under that law, regardless of the 25
	28	+	jurisdiction in which the 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	+	Congressional Review 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
6	40
7		-	AN ACT
	41	+	Sec. 3. Section 120a of the Insurance Trade and Economic Development Amendment Act 38
	42	+	of 2000, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 31-2231.20a), is 39
	43	+	amended 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 Universal Paid Leave Amendment Act of 44
	48	+	2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.), 45
	49	+	regardless of in which jurisdiction such policy was executed, written, or delivered.”. 46
	50	+	(b) Subsection (c) is amended to read as follows: 47
	51	+	“(c) For the purposes of this section, the term: 48
	52	+	“(1) “Eligible individual” shall have the same meaning as provided in section 49
	53	+	101(6) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 50
	54	+	21-264; D.C. Official Code § 32-541.01(6)). 51
	55	+	“(2) “Self-insured employer” shall have the same meaning as provided in section 52
	56	+	101(19A) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. 53
	57	+	Law 21-264; D.C. Official Code § 32-541.01(19A)).”. 54
	58	+	Sec. 4. Applicability. 55
	59	+	This act shall apply as of July 26, 2023. 56
	60	+	Sec. 5. Fiscal impact statement. 57
	61	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 58
	62	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 59
	63	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 60 3
8	64
9		-	___________
10		-
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	_______________
15		-
16		-
17		-	To amend, on an emergency basis, due to congressional review, the Universal Paid Leave
18		-	Amendment Act of 2016 to prohibit private disability insurance providers from
19		-	reducing short-term disability benefits based on actual or estimated paid leave
20		-	benefits to which an eligible individual may be entitled from the District, regardless
21		-	of the jurisdiction in which the insurance policy was issued or written; and to
22		-	amend Title I of the Insurance Trade and Economic Development Amendment Act
23		-	of 2000 to make the prohibition on offsetting or reducing benefits under a private
24		-	market short-term disability insurance policy based on estimated or actual benefits
25		-	received under the Universal Paid Leave Amendment Act of 2016 enforceable
26		-	under that law regardless of the jurisdiction in which the insurance policy was
27		-	issued or written.
28		-
29		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
30		-	act may be cited as the “Short-Term Disability Insurance Benefit Protection Clarification
31		-	Congressional Review Emergency Amendment Act of 2023”.
32		-
33		-	Sec. 2. Section 107(j)(1) of the Universal Paid Leave Amendment Act of 2016, effective
34		-	April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.07(j)(1)), is amended to read as
35		-	follows:
36		-	“(1) No insurer may offset or reduce benefits or income available to an eligible
37		-	individual under an individual or group policy for temporary or short-term disability insurance
38		-	based on estimated or actual benefits the eligible individual may or does receive under this act,
39		-	regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.”.
40		-
41		-	Sec. 3. Section 120a of the Insurance Trade and Economic Development Amendment Act
42		-	of 2000, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 31-2231.20a), is
43		-	amended as follows:
44		-	(a) Subsection (a) is amended to read as follows:
45		-	“(a) No insurer may offset or reduce benefits or income available to an eligible individual
46		-	under a temporary or short-term disability insurance policy, based on estimated or actual benefits ENROLLED ORIGINAL
47		-
48		-
49		-
50		-	2
51		-
52		-	the eligible individual may or does receive under the Universal Paid Leave Amendment Act of
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. Applicability.
65		-	This act shall apply as of July 26, 2023.
66		-
67		-	Sec. 5. Fiscal impact statement.
68		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
69		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
70		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
71		-
72		-	Sec. 6. Effective date.
73		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
74		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
75		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
76		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
77		-	D.C. Official Code § 1-204.12(a)).
78		-
79		-
80		-	______________________________
81		-	Chairman
82		-	Council of the District of Columbia
83		-
84		-
85		-
86		-
87		-	_________________________________
88		-	Mayor
89		-	District of Columbia
90		-	ENROLLED ORIGINAL
91		-
92		-
93		-
94		-	3
95		-
96		-
	65	+	Sec. 6. Effective date. 61
	66	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 62
	67	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 63
	68	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 64
	69	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 65
	70	+	D.C. Official Code § 1-204.12(a)). 66