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Section 19882 Of Article 5. Nonindustrial Disability Leave From California Government Code >> Division 5. >> Title 2. >> Part 2.6. >> Chapter 2.5. >> Article 5.
19882
. (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 4 (commencing with Section 19869) of this part.
(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 such day, if otherwise eligible, disability benefits under this article reduced by the amount of such "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 such 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 such "other benefits" which the claimant has received or has been determined to be entitled to receive.
(d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such 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.
(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 4 (commencing with Section 19869) of this part.
(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 such day, if otherwise eligible, disability benefits under this article reduced by the amount of such "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 such 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 such "other benefits" which the claimant has received or has been determined to be entitled to receive.
(d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such 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.
