ยง392-66 - Disability while unemployed.
ยง392-66ย Disability while unemployed.ย
(a)ย An employee whose employment with a covered employer is terminated and who
during a period of unemployment within twenty-six weeks immediately following
such termination of employment becomes ineligible for benefits claimed under
chapter 383 solely because of disability commencing on or after January 1,
1970, and who on the day the disability commences is not employed and is not
then otherwise eligible for benefits under this chapter, shall be entitled to
receive disability benefits as hereinafter provided for each week of such
disability for which week the employee would have received unemployment
insurance benefits if the employee were not so disabled.
(b)ย The weekly benefits payable to the
disabled unemployed shall be the same as the benefits to which the individual
would be entitled under chapter 383 except for the individual's disability;
provided that in a case of a disabled unemployed who is performing some form of
less than full-time work as referred to in the definition of unemployment in
section 383-1 at the time the disability arises, the individual shall receive
benefits which the individual would have been entitled to had the individual
not been performing less than full-time work; provided further that benefits
payable under this section shall not be payable for a period longer than
twenty-six weeks from the time the above unemployed commences to receive
unemployment benefits payable under chapter 383.
(c)ย The benefits payable under this section
shall be paid by the director out of any assets in the fund created by section
392-61.ย The payments shall be made through employment offices, as this term is
defined and used in chapter 383.ย The director may require an employee claiming
benefits under this section to file proofs of disability and other proofs
reasonably necessary for the director to make a determination of eligibility
and benefit rights under this section.ย The director may establish reasonable
procedures for determining pro rata benefits payable with respect to disability
periods of less than one week.ย Any employee claiming benefits under this
section whose claim is rejected in whole or in part by the director shall be
entitled to request review and shall have all the rights with respect to
disputed claims provided in this chapter. [L 1969, c 148, pt of ยง1; am L 1971,
c 94, ยง1; gen ch 1985; am L 1986, c 162, ยง9 and c 339, ยง62]