New York State Disability Benefits Law (DBL)
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*** This is an unofficial extract of the benefit schedule of the statutory plan and
reference to the actual statutory regulations is required for the most current, complete
and official plan provisions.
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New York's Disability Benefits Law is administered in conjunction with the state worker's
compensation law. It covers all employers who employ one or more workers for at least 30
days in a calendar year and is effective four weeks after the 30th day of employment and
continuing for four weeks following an employee's termination.
Employees contribute .5% of their weekly wages with a maximum of $.60 per week. Employers
must pay the balance of costs for all "standard" plans, plus a share of the state's
administrative costs. (The IRS has ruled that employer contributions to the state plan or a
private plan are deductible by the employer and considered taxable income to the employee.
Employee contributions to the state fund are deductible as state taxes, while contributions
to a private plan are treated as nondeductible personal expenses.)
ELIGIBILITY: To be eligible, an employee must have four (4) consecutive weeks of
covered employment. (Refer to Page 231, Section 203 of Law)
BENEFITS (1998): Maximum - $170 a week; Minimum - $20 a week; based on 50% of the
average weekly wage for the eight (8) weeks immediately preceding disability, including
the week of disability.
EXCEPTION: If wages are less than $20 a week, the benefit will be the average
weekly wage. One day's benefit is equal to that fractional part of the week based on the
number of days the employee normally works (1/5, 1/6, 1/7).
NOTE: If the employer continues to pay wages during disability, no benefits are
payable to the claimant; however, the employer can request reimbursement and benefits will
be paid to the employer for such period.
ELIMINATION PERIOD: Seven (7) days for both accident and sickness.
BENEFIT PERIOD: Twenty-six weeks within any 52 week period or 26 weeks for any one
continuous disability.
RECURRENT DISABILITY: Two periods of disability due to the same or related causes,
which are not separated by more than three (3) months are considered as one period of
disability.
EXTENSION OF BENEFITS: Coverage is extended for four (4) weeks following termination
of employment, provided the employee does not return to covered employment.
NOTE: This coverage terminates when the worker has completed five (5) days of
non-covered employment.
NOTE: Maximum and minimum benefit may be changed periodically by state
regulatory bodies.
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BRM provides links to disablility information, tax rates, and other insurance related materials |
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