SECTIONS 89529.15-89529.25 - California Statutes

EDUCATION CODE

SECTION 89529.15-89529.25

89529.15. As used in this article:
(a) "Employee" means any of the following:
(1) A permanent or probationary full-time employee of the
trustees, regardless of period of service, who is a member of the
Public Employees' Retirement System or the State Teachers' Retirement
System in compensated employment on or after October 1, 1976.
(2) A permanent or probationary part-time or intermittent employee
of the trustees with at least the equivalent of six monthly
compensated pay periods of service in the 18 months of pay periods
immediately preceding the pay period in which the disability begins,
who is a member of the Public Employees' Retirement System or the
State Teachers' Retirement System in compensated employment on or
after January 1, 1979.
(3) In addition to those eligible under paragraph (1), an employee
of the trustees appointed half-time or more for one year of service
or one academic year, as defined by the trustees, or more, who is a
member of the Public Employees' Retirement System or the State
Teachers' Retirement System in compensated employment on or after
January 1, 1979.
(4) A permanent or probationary full-time employee of the
trustees, regardless of period of service, who is a participant in
the optional retirement program pursuant to Chapter 5.5 (commencing
with Section 89600), provided that he or she would otherwise be
eligible to participate in the Public Employees' Retirement System
except for the election to participate in the optional retirement
program.
(b) "Full pay" means the gross base salary earnable by the
employee and subject to retirement contribution on the date of the
commencement of his or her disability.
(c) "Disability" or "disabled" includes mental or physical illness
and mental or physical injury including any illness or injury
resulting from pregnancy, childbirth, or related medical condition.
An employee is deemed disabled on any day in which, because of his or
her physical, mental, or medical condition, he or she is unable to
perform his or her regular or customary work.
(d) "Disability benefit period", with respect to any individual,
means the continuous period of disability beginning with the first
day with respect to which the individual files a valid claim for
nonindustrial disability benefits. For the purpose of this article,
two consecutive periods of disability due to the same or related
cause or condition and separated by a period of not more than 14 days
shall be considered as one disability benefit period.
(e) "Appeals board" means the California Unemployment Insurance
Appeals Board.

89529.16. If the provisions of this article are in conflict with
the provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if those
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89529.17. (a) When an employee is disabled, whether temporarily or
permanently, the employee shall become entitled, subject to the
provisions of this article, to receive nonindustrial disability
benefits in an amount equal to one-half pay, but not to exceed one
hundred twenty-five dollars ($125) per week, payable monthly for a
period not exceeding 26 weeks for any one disability benefit period,
but in no case shall benefits be payable for any day on and after
death or separation or retirement from state service.
(b) For purposes of this section, the "full pay" of a part-time or
intermittent employee only shall be established in accordance with
the following:
(1) Where the part-time employment is regularly scheduled and is a
fixed proportion of the established workweek, the payments shall be
determined on the basis of that proportionate part of the monthly
rate.
(2) Where employment is intermittent or irregular, the payments
shall be determined on the basis of the proportionate part of a
monthly rate established by the total hours actually employed in the
18 monthly pay periods immediately preceding the pay period in which
the disability begins as compared to the regular rate for a full-time
employee in the same group or class.

89529.18. A disabled employee is eligible to receive nonindustrial
disability benefits under this article equal to one-seventh of his or
her weekly benefit amount specified in Section 89529.17 for each
full day during which he or she is unemployed due to a disability
only if the Director of Employment Development finds that:
(a) He or she has made a claim for disability benefits as required
by authorized regulations.
(b) He or she has been disabled for a waiting period of seven
consecutive days during each disability benefit period with respect
to which waiting period no benefits under this article are payable
except for confinement in a hospital or nursing home for at least one
day.
(c) He or she has exhausted all sick leave to which he or she was
entitled under Article 1 (commencing with Section 89501) of this
chapter.
(d) Except for an individual described in Section 2709 of the
Unemployment Insurance Code, he or she has submitted to such
reasonable examinations as the Director of Employment Development may
require for the purpose of determining his or her mental or physical
disability.
(e) He or she has filed a certificate described in Section 2708 or
2709 of the Unemployment Insurance Code.
(f) Except as otherwise provided, he or she meets, in all
respects, the eligibility requirements imposed on individuals by Part
2 (commencing with Section 2601) of Division 1 of the Unemployment
Insurance Code for receipt of umemployment compensation disability
benefits.
In case of any conflict between Part 2 (commencing with Section
2601) of the Unemployment Insurance Code and this article, this
article shall prevail.

89529.19. A disabled employee shall be eligible to receive
nonindustrial disability benefits under this article without being
required to use any vacation leave accrued under Article 1
(commencing with Section 89501) of this chapter, unless the employee,
in his or her sole discretion, elects to use the vacation leave in
lieu of receiving benefits under this article, in which case benefits
under this article shall not commence until the employee has
exhausted the accrued vacation leave.

89529.20. An employee is not eligible for disability benefits under
this article with respect to any period for which the Director of
Employment Development finds that he or she has received or is
entitled to receive unemployment compensation benefits under Part 1
(commencing with Section 100) of Division 1 of the Unemployment
Insurance Code or under an unemployment compensation act of any other
state or of the federal government.

89529.21. (a) Except as provided in this section, an individual is
not eligible for disability benefits under this article for any day
of unemployment and disability for which he or she has received, or
is entitled to receive, "other benefits" in the form of cash
payments.
(b) "Other benefits", as used in this section, means:
(1) Temporary disability indemnity under a workers' compensation
law of this state or of any other state or of the federal government
or under Article 1.1 (commencing with Section 89529).
(2) Temporary disability benefits under any employer's liability
law of this state or of any other state or of the federal government.
(c) If such "other benefits" are less than the amount an
individual would otherwise receive as disability benefits under this
article, he or she shall be entitled to receive, for that day, if
otherwise eligible, disability benefits under this article reduced by
the amount of the "other benefits". If after receipt of, or
determination of entitlement to receive, such other benefits, a claim
for disability benefits under this article is filed during the same
continuous period of disability, because of a disability for which a
claim for the other benefits was made, the maximum amount of
disability benefits payable under this article during the disability
benefit period thereby established shall be reduced by the amount of
the "other benefits" which the claimant has received or has been
determined to be entitled to receive.

89529.22. Discretionary deductions of the employee, including those
for coverage under a state health benefits plan in which an employee
is enrolled, shall be deducted from the disability benefits under
this article unless canceled by the employee. If an employee
deduction under a state health benefits plan is continued, the state
employer contribution shall also continue.
An employee shall not receive service credit under the Public
Employees' Retirement System or the State Teachers' Retirement System
during the period of receipt of disability benefits under this
article and contributions to the Public Employees' Retirement System
or the State Teachers' Retirement System shall not be deducted. State
employer contribution shall also not be made to either system during
that period.
An employee shall not accrue sick leave or vacation credit or
service credit for any other purpose during the period of receipt of
disability benefits under this article.

89529.23. Filing, determination, and payment of disability benefit
claims under this article shall be made in accordance with the
procedures prescribed by Article 4 (commencing with Section 2701) of
Chapter 2 of Part 2 of Division 1 of the Unemployment Insurance Code.

89529.24. The trustees shall adopt any rules and regulations
necessary for the administration of this article for employees of the
California State University.

89529.25. The reenactment of this article at the 1987-88 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, the existing law.