Industrial Disability Leave (IDL) and Temporary Disability (TD)

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If employees go on IDL or TD while enrolled in FlexElect, and they elected to receive the Cash Option for health and/or dental, their cash elections will remain in effect. Employees will receive a separate check for the Cash Option, which will be issued approximately one week after their IDL or TD paycheck is issued. If they db to data elected to enroll in one or both of the reimbursement accounts, their deductions into the account(s) will stop for as long as they are on IDL or TD.

If the employees return to regular pay status within the FlexElect Plan Year, their reimbursement account deductions will resume. However, if employees go on IDL or TD with Supplementation (IDLS or TDS), their reimbursement account deductions will continue provided the amount of their supplementation income is large enough to cover the full amount of their monthly reimbursement account deduction.

State Disability Insurance (SDI)

For employees in Bargaining Units and : If employees go on SDI while enrolled in a reimbursement account and/or cash option, their enrollment will stop while they are on leave unless they supplement their SDI payment with sick leave, annual leave or vacation. If they supplement, their reimbursement account deductions may continue. If they return to pay status in the same FlexElect plan year, their enrollment will resume. If they are enrolled in the medical reimbursement account and wish to continue to submit claims for services provided during their unpaid leave of absence, they may elect to continue to make contributions through COBRA.

Unpaid Leave of Absence

If employees leave "pay status" while enrolled in FlexElect, their FlexElect elections will stop for as long as they continue to remain on unpaid leave. For those employees who are enrolled in the automatic Cash Option, their Cash Option election will resume when they return to pay status.

Employees enrolled in the reimbursement accounts, must return to pay status within the FlexElect Plan Year, in order for their FlexElect elections to resume. In addition, Medical Reimbursement Account (MRA) participants may have coverage continuation rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Please see the "Consolidated Omnibus Budget Reconciliation Act" (below) for information regarding MRA enrollment continuation.

Military Leave

Pursuant to Government Code Section , state employees called to active military duty for the War on Terrorism are eligible to retain their State benefits for up to calendar days above the calendar days provided by GC Section If an employee is currently receiving Flex Cash in lieu of health and/or dental benefits, he/she may continue to receive the cash for the duration of their military leave, not to exceed the time limits mentioned above. Military Leave is not a permitting event to newly enroll into the Flex Cash Program.

Employees enrolled in the medical reimbursement account may elect to continue their coverage via COBRA, or their deductions will stop for the duration of their leave.

Heroes Earnings Assistance and Relief (HEART) Act

The HEART Act of amended Internal Revenue Code (IRC) , which allows military personnel called to duty the ability to receive taxable distribution of unused medical care spending account (or Medical Reimbursement Account) funds . This distribution is not available to employee enrolled in a dependent care reimbursement account. The Act defines the distribution as a "Qualified Reservist Distribution" (QRD). In order to be eligible for a QRD, the employee who is enrolled in a MRA must meet the following requirements:
Be a member of a "reserve component" (as defined in Section of Title of the United States Code), which means a member of the Army National Guard; the Reserve for the U.S. Army, Navy, Marine Corps, Air Force, or Coast Guard; Air National Guard of the United States; or the Reserve Corps of the Public Health Services.

Be called or ordered to active military duty for (i) days or more or (ii) for an indefinite period

Be a participant in the MRA on the date called or ordered to duty; and
Satisfy the Plan's election requirements for a Qualified Reservist Distribution (QRD).

If an employee believes that he/she is eligible for a QRD, they must contact their Personnel Office to complete Attachment I - Qualified Reservist Distribution Request Form (CalHR ). The Personnel Office will need to confirm that the employee meets the QRD requirements reflected above. The form must be submitted by March th of the following year of participation to request a QRD. The form is located on CalHR's web site as a fill and print document in the forms directory.