TEMPORARY DISABILITY INSURANCE
Unemployed Workers Employed Workers
Payment for part weeks of disability combined with employment paid according to UI formula for partial benefits. Full week of disability and UI paid at full weekly benefit amount from disability account. Benefits paid for each day of disability in excess of 7 in a spell. Daily benefit computed on basis of normal number of workdays per week
Benefits paid for each day of disability in excess of 7 in a spell. Daily benefits computed as if normal workweek were Monday through Friday.
Benefits payable for each day of disability in excess of 7 consecutive days computed as 1/7 weekly benefit amount rounded to higher dollar.
Benefits paid per week of disability following waiting period or receipt of benefits at rate of 1/5 weekly benefit amount for each workday up to 4/5 weekly benefit amount rounded to next higher dollar.
BENEFITS UNDER PRIVATE PLANS--The California law requires that private plans provide benefit rights greater than those under the State plan in all respects. In Hawaii, New Jersey and Puerto Rico, private plan benefits must be at least as favorable to workers as those under the State plans. Hawaii permits deviations from statutory benefits if the benefits provided under the private plan are actuarially equal or better. In New York adherence to a statutory formula is not required whether workers are insured with the State fund or with a private carrier. Benefits must be actuarially equivalent to the statutory formula. Cash benefits in the formula outlined above may be reduced if the plan of insurance includes a shorter waiting period or other benefits, such as hospitalization benefits; weekly benefits may be less than 50 percent of wages if maximum duration is more than 26 weeks. Employees may be required to pay more than 0.5 percent if additional benefits warrant the extra cost.
SURVIVORS’ BENEFITS--In California and New Jersey, if a claim for disability benefits was not filed by an otherwise eligible individual prior to his death, a claim may be filed by a person who legally would be entitled to such benefits. Puerto Rico provides a lump sum death benefit of $3,000 to dependents of workers. Death benefits are payable upon the sudden death of an insured worker from injuries or an accident compensable under the law, or death resulting within 52 weeks after a disability began because of sickness or injury. However, benefits may not be paid for death or injury caused by an automobile accident that is covered under the Automobile Accident Social Protection Act.
DISQUALIFICATION AND NONMONETARY ELIGIBILITY PROVISIONS
ELIGIBILITY REQUIREMENTS IN ADDITION TO WAGES--Under all the programs claimants must be unemployed because of disability, and they may be declared ineligible if they withdrew from the labor force for reasons other than disability. In New Jersey a covered governmental employee must exhaust all sick leave before becoming eligible for disability benefits. A disability claimant in Hawaii must be in current employment; 1.e., an individual who was performing regular service not longer than 2 weeks prior to the onset of the disability and who would have continued in employment but for the disability. In addition, a disability claimant is ineligible for benefits for any period in which he would be disqualified for UI because of a labor dispute or for any period in which he performed work for remuneration, was unemployed because of an intentional self-inflicted injury, or attempted to obtain benefits through fraud or failure to file a claim for disability benefits within 90 days after the commencement of the period of disability or as soon as is reasonably possible. New Jersey and Hawaii claimants for disability during unemployment must meet all the requirements for UI except ability to