Section 599.776.1 - Nonindustrial Disability - Annual Leave - Excluded EmployeesAn excluded employee is defined in section 599.615(b) of these regulations.
(a) A nonindustrial disability benefit level of 50 percent of gross pay shall be provided to excluded employees who elect annual leave. Annual leave, sick leave or partial employment may be used to supplement Nonindustrial Disability Insurance benefits to provide 75 percent or 100 percent of gross pay. Once benefit payments have begun, the benefit level initially selected by an excluded employee must continue throughout the disability period; however, the 50 percent nonindustrial disability benefit level will be payable to any excluded employee who no longer has leave credits for supplementation or is no longer partially employed. The nonindustrial disability benefit rate or a different level of supplementation may be selected during subsequent disability periods. Excluded employees shall not be required to exhaust leave credits prior to receiving nonindustrial disability benefits.(b) Effective July 1, 1994, excluded employees who supplement their nonindustrial disability benefits, as provided in subsection (a) of this section, shall be considered to have served a qualifying monthly pay period for any of the rights or benefits dependent on having worked a complete month, as prescribed in section 599.608 of these regulations. These rights or benefits include, but are not limited to, those prescribed in sections 599.682, 599.687, 599.752, 599.752.1, 599.787, and 599.840 of these regulations. Excluded employees who supplement their nonindustrial disability benefits at the 75 percent level shall receive service and annual leave credits at one-half the rate granted to those who supplement at 100 percent. If a holiday falls during the period of supplementation, an excluded employee will not have to charge the day against the leave supplementation amount.(c) Excluded employees who enroll in the Annual Leave Program while on nonindustrial disability leave shall continue to receive the current level of benefits for their prior CBID throughout the disability period.Cal. Code Regs. Tit. 2, § 599.776.1
1. New section filed 12-16-94; operative 7-1-94. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 94, No. 50).
2. 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).
3. Repealer of subsection (d) filed 2-14-2023; operative 2-14-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2023, No. 7). Note: Authority cited: Sections 18502, 19815.4(d) and 19885, Government Code. Reference: Sections 19858.3 and 19858.4, Government Code.
1. New section filed 12-16-94; operative 7-1-94. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 94, No. 50).
2. 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).
3. Repealer of subsection (d) filed 2-14-2023; operative 2/14/2023. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2023, No. 7).