Prohibition on offsetting short-term disability benefits

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*NOTE: This section was created by temporary legislation that will expire on March 11, 2022.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) No insurer may offset or reduce benefits or income available to an individual under a temporary or short-term disability insurance policy based on estimated or actual benefits the individual may or does receive under subchapter IV of Chapter 5 of Title 32.

(b) Subsection (a) of this section shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.

(c) For the purposes of this section, the term "self-insured employer" shall have the same meaning as provided in § 32-541.01(19A).

(Apr. 3, 2001, D.C. Law 13-265, § 120a; as added July 29, 2021, D.C. Law 24-18, § 3, 68 DCR 006100; Aug. 23, 2021, D.C. Act 24-159, § 4067, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4067 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Emergency Amendment Act of 2021 (D.C. Act 24-90, May 26, 2021, 68 DCR 005853).

Temporary Legislation

For temporary (225 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Temporary Amendment Act of 2021 (D.C. Law 24-18, July 29, 2021, 68 DCR 006100).


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