*NOTE: This section includes amendments by temporary legislation that will expire on January 1, 2027. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

1. (a) No insurer may offset or reduce benefits or income available to an eligible individual under a temporary or short-term disability insurance policy, based on estimated or actual benefits the eligible individual may or does receive under subchapter IV of Chapter 5 of Title 32, regardless of in which jurisdiction such policy was executed, written, or delivered.
2. (b) Subsection (a) of this section shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.

3. (c) For the purposes of this section, the term:

   1. (1) "Eligible individual" shall have the same meaning as provided in § 32-541.01(6).
   2. (2) "Self-insured employer" shall have the same meaning as provided in § 32-541.01(19A).

History

Apr. 3, 2001, D.C. Law 13-265, § 120a

Apr. 3, 2001, D.C. Law 13-265, § 120a

Nov. 13, 2021, D.C. Law 24-45, § 4067

May 21, 2026, D.C. Law 26-117, § 3

Emergency Legislation

For temporary (90 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Emergency Amendment Act of 2021 (D.C. Act 24-90, May 26, 2021, 68 DCR 005853).

For temporary (90 days) creation of this section, see § 4067 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 3(b) of Short-term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2022 (D.C. Act 24-542, July 27, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-594, Oct. 25, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2023 (D.C. Act 25-204, July 26, 2023, 70 DCR 10763).

For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-269, Oct. 26, 2023, 70 DCR 14462).

For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2024 (D.C. Act 25-515, July 18, 2024, 71 DCR 9344).

For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-569, Oct. 7, 2024, 71 DCR 12356).

For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2025 (D.C. Act 26-51, Apr. 22, 2025, 72 DCR 4902).

For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2026 (D.C. Act 26-260, Feb. 13, 2026, 0 DCR 0).

Temporary Legislation

For temporary (225 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Temporary Amendment Act of 2021 (D.C. Law 24-18, July 29, 2021, 68 DCR 006100).

For temporary (225 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Temporary Clarification Amendment Act of 2022 (D.C. Law 24-202, Dec. 13, 2022, 69 DCR 12723).

For temporary (225 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Temporary Amendment Act of 2023 (D.C. Law 25-83, Nov. 28, 2023, 70 DCR 13760).

For temporary (225 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Temporary Amendment Act of 2024 (D.C. Law 25-215, Sept. 18, 2024, 71 DCR 9953).

For temporary (225 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Temporary Amendment Act of 2025 (D.C. Law 26-17, July 16, 2025, 72 DCR 6109).

For temporary (225 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Temporary Amendment Act of 2026 (D.C. Law 26-117, May 21, 2026, 73 DCR 5071).