Cal. Code Regs. tit. 2 § 599.770

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 599.770 - Eligibility

State employees, as designated in Government Code section 19878, who become disabled due to injury, illness, or pregnancy, within the meaning of Government Code section 19878, while in compensated employment, shall be eligible to receive Nonindustrial Disability Insurance benefits. In order to receive Nonindustrial Disability Insurance benefits, an employee shall meet the following eligibility requirements:

(a) Be a current active Public Employees' Retirement System member or State Teachers' Retirement System member; or a full-time state officer or employee of the Legislature.

(b) Be a full-time permanent or probationary state employee; or a part-time or intermittent permanent or probationary state officer or employee with at least the equivalent of six monthly compensated pay periods of service in the 18 pay periods immediately preceding the pay period in which the disability begins.

(c) Serve a seven consecutive calendar day waiting period for each spell of disability. The waiting period may be waived commencing with the first full day of confinement in a hospital or nursing home.

(d) Exhaust all accrued sick leave.

(e) Submit to an independent medical examination as the Employment Development Department may require.

(f) File the appropriate certificate as described in Unemployment Insurance Code sections 2708 and 2709.

(g) Meet all other eligibility requirements as provided in part 2 of the Unemployment Insurance Code.

An employee may elect to use vacation leave credits prior to receiving Nonindustrial Disability Insurance benefits; however, Nonindustrial Disability Insurance benefits shall not commence thereafter until the employee totally exhausts the accrued vacation leave balance. An employee may at any time switch from Nonindustrial Disability Insurance benefits to vacation leave.

Cal. Code Regs. Tit. 2, § 599.770

1. New section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day thereafter (Register 84, No. 8).
2. Editorial correction of HISTORY NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).
3. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

Note: Authority cited: Sections 18502, 19815.4(d) and 19885, Government Code. Reference: Sections 19878, 19880 and 19880.1, Government Code.

1. New section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day thereafter (Register 84, No. 8).
2. Editorial correction of HISTORY NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).
3. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).