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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, due to congressional review, the Universal Paid Leave
Amendment Act of 2016 to prohibit private disability insurance providers from
reducing short-term disability benefits based on actual or estimated paid leave
benefits to which an eligible individual may be entitled from the District, regardless
of the jurisdiction in which the insurance policy was issued or written; and to
amend Title I of the Insurance Trade and Economic Development Amendment Act
of 2000 to make the prohibition on offsetting or reducing benefits under a private
market short-term disability insurance policy based on estimated or actual benefits
received under the Universal Paid Leave Amendment Act of 2016 enforceable
under that law regardless of the jurisdiction in which the insurance policy was
issued or written.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Short-Term Disability Insurance Benefit Protection Clarification
Congressional Review Emergency Amendment Act of 2023”.
Sec. 2. Section 107(j)(1) of the Universal Paid Leave Amendment Act of 2016, effective
April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.07(j)(1)), is amended to read as
follows:
“(1) No insurer may offset or reduce benefits or income available to an eligible
individual under an individual or group policy for temporary or short-term disability insurance
based on estimated or actual benefits the eligible individual may or does receive under this act,
regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.”.
Sec. 3. Section 120a of the Insurance Trade and Economic Development Amendment Act
of 2000, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 31-2231.20a), is
amended as follows:
(a) Subsection (a) is amended to read as follows:
“(a) No insurer may offset or reduce benefits or income available to an eligible individual
under a temporary or short-term disability insurance policy, based on estimated or actual benefits ENROLLED ORIGINAL
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the eligible individual may or does receive under the Universal Paid Leave Amendment Act of
2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.),
regardless of in which jurisdiction such policy was executed, written, or delivered.”.
(b) Subsection (c) is amended to read as follows:
“(c) For the purposes of this section, the term:
“(1) “Eligible individual” shall have the same meaning as provided in section
101(6) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law
21-264; D.C. Official Code § 32-541.01(6)).
“(2) “Self-insured employer” shall have the same meaning as provided in section
101(19A) of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C.
Law 21-264; D.C. Official Code § 32-541.01(19A)).”.
Sec. 4. Applicability.
This act shall apply as of July 26, 2023.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code § 1-204.12(a)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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