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AB-3145 Disability insurance: state employees.(2017-2018)

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Date Published: 03/23/2018 09:00 PM

Amended  IN  Assembly  March 23, 2018


Assembly Bill No. 3145

Introduced by Assembly Member Salas

February 16, 2018

An act to amend Section 200 of the Labor Code, add Section 19885.1 to the Government Code, relating to employment. state employees, and making an appropriation therefor.


AB 3145, as amended, Salas. Wages. Disability insurance: state employees.
Existing law, otherwise known as the State Disability Insurance Program, provides a partial wage replacement insurance plan for workers that is funded through employee payroll deductions. Under that program, a disabled individual is eligible to receive disability benefits equal to 1/7 of his or her weekly benefit amount for each full day during which he or she is unemployed due to a disability if the Director of Employment Development makes specified findings, including that the individual has been unemployed and disabled for a waiting period of 7 consecutive days during each disability benefit period. A component of the program, known as Paid Family Leave, provides employees covered by the program with a part of their wages to take time off to care for a seriously ill family member, as specified, or to bond with a minor child, as specified.
Under existing law, when a state employee is disabled, whether temporarily or permanently, the employee is entitled, subject to certain conditions, to receive nonindustrial disability benefits not to exceed a specified amount per week, payable monthly for a period not exceeding 26 weeks for any one disability benefit period, unless a memorandum of understanding conflicts with this requirement.
This bill would authorize a state employee who is not subject to a certain memorandum of understanding to elect to participate in the State Disability Insurance Program in lieu of receiving nonindustrial disability benefits.
The bill, by authorizing an increase in contributions into, and an increase in the expenditure of money from, the Unemployment Compensation Disability Fund, which is continuously appropriated, would make an appropriation.

Existing law defines the terms “wages” and “labor” for purposes of provisions regarding the payment of wages to employees in various occupations.

This bill would make nonsubstantive changes to those definitions.

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


 Section 19885.1 is added to the Government Code, to read:

 (a) Notwithstanding any other law, an employee who is not subject to a memorandum of understanding reached pursuant to Section 3517.5 may elect to participate in the state disability insurance program subject to Chapter 1 (commencing with Section 2601), Chapter 2 (commencing with Section 2625), Chapter 4 (commencing with Section 2901), Chapter 5 (commencing with Section 3001), and Chapter 7 (commencing with Section 3300) of Part 2 of the Unemployment Insurance Code in lieu of the receiving nonindustrial disability benefits provided pursuant to this chapter and Chapter 2.4 (commencing with Section 2781) of Part 2 of the Unemployment Insurance Code.
(b) The employee may make the election described in subdivision (a) at the time of hire and during an annual enrollment period determined by the department.

SECTION 1.Section 200 of the Labor Code is amended to read:

For purposes of this article:

(a)“Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.

(b)“Labor” includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment.