Unemployment Insurance Code — Part 4 | UIC — United States — California law | Esheria

Unemployment Insurance Code

Part 4 of 6 · provisions 601–800

This section says the act is called the Unemployment Insurance Code and may be cited by that name.

Jurisdiction
United States — California
Instrument
Code
Citation
UIC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
COVID-19 unemployment benefits Medi-Cal Medicaid/Medi-Cal YouthBuild programs account administration account cancellation account requirements account withdrawals accounting accounting controls accreditation review adjudication administration administrative assessment administrative authority administrative cooperation administrative costs administrative deadlines administrative decisions administrative definitions administrative determination administrative enforcement administrative exhaustion administrative fee +1,212 more

Statute overview

About this statute

This section states that people claiming unemployment insurance benefits are expected to make all reasonable efforts to find work. This section says the unemployment insurance part is tied to a national unemployment and social security plan, and certain contribution and benefit provisions stop operating if the related federal tax-credit framework changes so credits are no longer available. This section says the Employment Training Panel should prioritize funding projects that best meet listed workforce-training goals. The panel may waive certain minimum wage requirements for specified training-funded workers if the trainee’s post-retention wage is higher than before and during training. This section defines key terms used in the Employment Training Panel chapter, including department, employer, eligible participant, job, new hire training, retraining, and related terms.

Read the provisions Ask with citations

Legal text

Provisions of Unemployment Insurance Code

Showing 200 of 1,108

  1. 2122.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Fines imposed under this chapter are generally paid to the prosecutor’s office, except fines under Sections 2101 and 2102.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2122.5. Any fine imposed by the court pursuant to this chapter, except for fines imposed under Sections 2101 and 2102, shall be paid to the office of the prosecutor bringing the complaint, but if the case was referred to the prosecutor by the department, or some other governmental unit, one-half of the criminal fine shall be paid to that governmental unit. (Added by Stats. 1987, Ch. 604, Sec. 1.)
  2. 2123.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A department certificate can be used as prima facie evidence that a required return, report, or supplied information was not filed or provided.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2123. The certificate of the department to the effect that a return or report has not been filed or that information has not been supplied as required by Division 6 (commencing with Section 13000) is prima facie evidence that the return or report has not been filed or that the information has not been supplied. (Amended by Stats. 1994, Ch. 1049, Sec. 23. Effective January 1, 1995.)
  3. 2124.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says where trial for offenses in this chapter must be held.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2124. (a) The place of trial for offenses enumerated in this chapter shall be in any of the following: (1) The county of residence or principal place of business of the defendant or defendants. (2) Any county where the defendant or defendants were transacting business that resulted in the alleged offenses. (3) Any county where any money or property from the alleged offenses was obtained. (b) If none of the counties under subdivision (a) are applicable, then the place of trial for offenses enumerated in this chapter shall be in the County of Sacramento. (Repealed and added by Stats. 2024, Ch. 101, Sec. 2. (AB 2227) Effective January 1, 2025.)
  4. 2125.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Actions or prosecutions under this chapter must be started within four years after the offense is discovered.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2125. Any action or prosecution under this chapter shall be instituted within four years after the discovery of the offense. (Added by Stats. 1986, Ch. 724, Sec. 29.)
  5. 2126.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A court may charge investigation and prosecution costs to a person or employing unit convicted under this chapter.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2126. Any person or employing unit convicted under this chapter may be charged the costs of investigation and prosecution at the discretion of the court. (Added by Stats. 1986, Ch. 724, Sec. 30.)
  6. 2127.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A prosecutor may compromise a penalty under this chapter if the department consents.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2127. The prosecutor may, with the consent of the department, compromise any penalty for which he or she may bring an action under this chapter. The penalties provided by this chapter are additional to all other penalties provided in this code and Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code. (Added by Stats. 1986, Ch. 724, Sec. 30.5.)
  7. 2128.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employers or their agents are protected from liability under this division when they provide a wage statement or similar document to an undocumented or former undocumented worker at that person’s request for legalization purposes.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2128. Any employer or agent of an employer who provides a wage statement or similar document to any undocumented worker or former undocumented worker at that person’s request for the purpose of documenting that person’s eligibility for legalization pursuant to the federal Immigration Reform and Control Act (Public Law 99-603), shall not be liable for any penalty or criminal or civil violation under this division relative to any undocumented worker or former undocumented worker based on any facts disclosed in the wage statement or similar document so provided. Nothing in this section shall be construed to limit the liability under any provision of law of any person who engages in the procurement or production of false or fraudulent wage statements or similar documents to any person for purposes of legalization under the federal Immigration Reform and Control Act. This section does not apply to penalties assessed or criminal actions filed prior to May 1, 1987. This section does not apply where the Employment Development Department, through independent means, discovers that an employer has withheld personal income tax and disability insurance contributions from workers’ paychecks and has not remitted those moneys to the department. The immunity from liability pursuant to this section shall apply only to facts disclosed in the wage statement or similar document provided commencing on or after the effective date of this section and only until the date of the termination of the legalization provisions for agricultural and nonagricultural workers of the federal Immigration Reform and Control Act. However, the immunity from liability pursuant to this section shall continue until the cause of action is tolled by the applicable statute of limitations. (Added by Stats. 1987, Ch. 1363, Sec. 2. Effective September 29, 1987.)
  8. 2129.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines who counts as a “person” for this chapter.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 10. Violations [2101 - 2129] ( Chapter 10 enacted by Stats. 1953, Ch. 308. ) ## 2129. For the purposes of this chapter, “person” includes, a claimant for benefits and any officer, employee, director, partner, or agent having charge of the affairs of any employer or employing unit with regard to the violation which occurred. “Person” also includes both natural persons and legal entities. More than one person may be charged with violations under this chapter, where control of the affairs of the employing unit, or employer, is shared by more than one person. (Added by Stats. 1989, Ch. 1010, Sec. 8.)
  9. 22.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “mail,” “mailing,” and “mailed” to include USPS, other common carriers, or electronic transmission, and says that for electronic transmissions, “postmark date” means the date the writing was sent.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 22. Except as otherwise specified, for purposes of this code, “mail,” “mailing,” or “mailed” include a writing transmitted by the United States Postal Service or other common mail carrier or by electronic transmission. For purposes of an electronic transmission, “postmark date” means the date on which the writing was sent. (Added by Stats. 2025, Ch. 240, Sec. 1. (SB 854) Effective January 1, 2026.)
  10. 2601.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says disability compensation is meant to partly replace wages lost when a person cannot work because of sickness, injury, or certain family and child-related events.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2601. The purpose of this part is to compensate in part for the wage loss sustained by any individual who is unable to work due to the employee’s own sickness or injury, the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child, and to reduce to a minimum the suffering caused by unemployment resulting therefrom. This part shall be construed liberally in aid of its declared purpose to mitigate the evils and burdens that fall on the unemployed worker and his or her family. (Amended (as amended by Stats. 2002, Ch. 901) by Stats. 2003, Ch. 797, Sec. 6. Effective January 1, 2004.)
  11. 2602.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says Part 1’s provisions and definitions generally apply to this part, unless there is a conflict or another exception. It also excludes Chapter 6 of Part 1 and several listed sections from applying here.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2602. (a) Except as otherwise provided, the provisions and definitions of Part 1 (commencing with Section 100) of this division apply to this part. In case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part shall prevail with respect to unemployment compensation disability benefits, and the provisions of Part 1 shall prevail with respect to unemployment compensation benefits. (b) The provisions of Chapter 6 (commencing with Section 1501) of Part 1, of this division do not apply to this part. (c) Sections 312, 318, 1251, 1253, 1253.3, 1254, 1255, 1262, 1279, 1326 to 1333, inclusive, 1339, 1340, 1375 to 1378, inclusive, and 1380 do not apply to this part. (Amended by Stats. 1985, Ch. 144, Sec. 2. Effective July 3, 1985.)
  12. 2603.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Disability benefits paid under this part are not charged against an employer’s account.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2603. Disability benefits paid pursuant to this part shall not be charged against an employer’s account maintained pursuant to Article 4 of Chapter 4, Part 1 of this division. (Enacted by Stats. 1953, Ch. 308.)
  13. 2604.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If the Director thinks benefit or contribution changes may be needed to protect the Disability Fund, the Director must immediately inform the Governor and the Legislature and make recommendations. The Governor may then declare an emergency and authorize temporary benefit or eligibility changes until the emergency ends or the Legislature acts.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2604. Whenever the Director of Employment Development believes that a change in contributions rate or disability benefit amounts may become necessary to protect the solvency of the Disability Fund, he shall at once inform the Governor and the Legislature thereof and make recommendations accordingly. In such case the Governor may declare an emergency and authorize the Director of Employment Development to announce a modified scale of benefits or increased waiting period, or other changes in regulations regarding the eligibility for payment of benefits which the Director of Employment Development may deem necessary to assure the solvency of the Disability Fund; such modified regulations to be in effect until the Governor declares the emergency at an end or until further action is taken by the Legislature. (Amended by Stats. 1973, Ch. 1212, Sec. 209.)
  14. 2605.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If the Secretary of Labor or another higher authority finds a section out of conformity with certain federal provisions, that section becomes immediately inoperative.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2605. If at any time the Secretary of Labor or other higher authority rules or determines that any section of this part is not in conformity with the provisions of Title III of the Social Security Act or Section 3302 and Section 3303 of the Federal Unemployment Tax Act by reason of any provision contained in this part, such section shall be immediately inoperative. (Amended by Stats. 1957, Ch. 1184.)
  15. 2606.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “employment” for disability compensation purposes and lists service types that count or are excluded.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2606. “Employment” for the purposes of this part means: (a) Service included in “employment” as defined by Part 1 (commencing with Section 100) of this division, except that with respect to service for any public entity as defined by Section 605 “employment” for the purposes of this part includes only: (1) Service for a hospital established, maintained and operated pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code. (2) Service performed for a public housing administration agency whether operated by state or local governmental subdivisions. (3) Service performed by a state employee to the extent provided by Section 2781. (4) Service covered under this part by an elective coverage agreement. (b) Notwithstanding any other provision of this division, all service performed in the employ of a corporation, community chest, fund, or foundation, in connection with the operation of a health facility as defined in Section 1250 of the Health and Safety Code including the institutions described in subdivision (a) of Section 1270 of the Health and Safety Code but not including county hospitals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office and which is exempt from income tax under Section 501(a) of the Internal Revenue Code of 1954, except service performed by an individual as a duly ordained priest, clergyman, rabbi, rector, vicar, pastor, or minister of religion, or by a practitioner who heals the sick by prayer in the practice of religion, or by a reader whose duty it is to conduct regular religious services of a religious organization, or by a member of a religious order in the exercise of duties required by the order, or by any other individual performing service in the practice of religion by designation of the governing body of a religious organization and subject to discipline by, including removal by, the governing body. This section shall become operative on July 1, 1978. (Amended by Stats. 2002, Ch. 29, Sec. 14. Effective January 1, 2003.)
  16. 2606.4.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    For this part, “employment” also includes clerk-carrier service for the United States Postal Service, but only to the extent Congress allows it.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2606.4. Notwithstanding Section 632, “employment” for purposes of this part also means service performed as a clerk-carrier in the employ of the United States Postal Service, to the extent Congress permits this part to be applicable to the postal service, and if Congress permits the states to require the postal service to withhold workers’ contributions and to transmit those contributions into a state fund for unemployment compensation disability benefits. (Added by Stats. 1976, Ch. 694.)
  17. 2606.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section expands the meaning of “employment” to cover certain domestic service and in-home supportive services when the wage and service conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2606.5. (a) “Employment” for purposes of this part also means domestic service in a private home, local college club, or local chapter of a college fraternity or sorority performed for an employing unit which pays wages in cash of seven hundred fifty dollars ($750) or more to individuals employed in such service during any calendar quarter in the calendar year or the preceding calendar year. (b) “Employment” for purposes of this part also means domestic service comprising in-home supportive services under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, performed for an employing unit which pays wages in cash of seven hundred fifty dollars ($750) or more to individuals employed in such service during any calendar quarter in the calendar year or preceding calendar year, and is one of the following: (1) The recipient of such services, if the state or county makes or provides for direct payment to a provider chosen by the recipient or to the recipient of such services for the purchase of services, subject to the provisions of Section 12302.2 of the Welfare and Institutions Code. (2) The individual or entity with which a county contracts to provide in-home supportive services. (3) Any county which hires and directs in-home supportive personnel in accordance with established county civil service requirements or merit system requirements for those counties not having civil service systems. (Added by Stats. 1981, Ch. 1025, Sec. 3.)
  18. 2608.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “disability benefit period” and says the section becomes operative on July 1, 2016.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2608. (a) “Disability benefit period,” with respect to any individual, means the continuous period of unemployment and disability beginning with the first day with respect to which the individual files a valid claim for unemployment compensation disability benefits. For the purposes of this part, two consecutive periods of disability due to the same or related cause or condition and separated by a period of not more than 60 days shall be considered as one disability benefit period. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 357, Sec. 2. (SB 667) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  19. 2609.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A “valid claim” is a claim for unemployment compensation disability benefits that follows the code and adopted rules, and the individual must be unemployed, disabled, and have qualifying wages under Section 2652.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2609. “Valid claim” means any claim for unemployment compensation disability benefits made in accordance with the provisions of this code and rules and regulations adopted thereunder if the individual is unemployed and disabled and has been paid wages in employment for employers necessary to qualify for benefits under Section 2652. (Added by Stats. 1953, Ch. 1371.)
  20. 2610.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “disability base period” and sets which four calendar quarters count, depending on when the disability benefit period begins.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2610. “Disability base period,” with respect to an individual who does not have an unexpired benefit year for unemployment compensation benefits, means for disability benefit periods beginning in October, November, or December, the four calendar quarters ended in the next preceding month of June; the disability base period for disability benefit periods beginning in January, February, or March, shall be the four calendar quarters ended in the next preceding month of September; the disability base period for disability benefit periods beginning in April, May, or June, shall be the four calendar quarters ended in the next preceding month of December; the disability base period for disability benefit periods beginning in July, August, or September shall be the four calendar quarters ended with the next preceding month of March. (Amended by Stats. 2004, Ch. 183, Sec. 342. Effective January 1, 2005.)
  21. 2611.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines how to determine an individual’s disability base period when the person has an unexpired unemployment-benefit year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2611. “Disability base period,” with respect to an individual who has an unexpired benefit year for unemployment compensation benefits, shall be: (a) The same as the disability base period in Section 2610 if the individual has sufficient qualifying earnings in that disability base period. (b) The same as the base period used to establish the benefit year for unemployment compensation benefits if the individual does not have sufficient qualifying earnings in the disability base period in Section 2610. (Amended by Stats. 1977, Ch. 1143.)
  22. 2612.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section changes how disability benefit rights are determined for certain unemployed people by excluding some quarters from the base period, replacing them with earlier quarters, and ending benefits if the substituted quarters no longer have enough wages for a valid claim.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2612. Notwithstanding any other provision of law, except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any person who cannot establish a valid claim pursuant to Section 2652 because he or she is unemployed during the normal disability base period established pursuant to Section 2610, there shall be excluded from the disability base period those quarters during which the person performed no services in employment for 60 days or more and was actively seeking work. For all quarters so excluded, there shall be substituted an equal number of quarters immediately preceding the commencement of the normal disability base period. Benefit rights under this section shall terminate for any disability benefit period that begins when the substitution quarters no longer contain sufficient wages to establish a valid claim under Section 2652. (Added by Stats. 1982, Ch. 904, Sec. 1. Effective September 13, 1982.)
  23. 2613.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The Director of Employment Development must run an education program and give employers disability insurance notices, and employers must pass the notice to covered new and departing employees.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2613. (a) The Director of Employment Development shall develop and maintain a program of education concerning disability insurance rights and benefits. (b) The director shall provide to each employer of employees subject to this part a notice informing workers of their disability insurance rights and benefits due to sickness, injury, or pregnancy. The notice shall be given by every employer to each new employee hired on or after June 1, 1988, and to each employee leaving work due to pregnancy or nonoccupational sickness or injury on or after July 1, 1989. (c) Commencing January 1, 2004, the director shall provide to each employer of employees subject to this part a notice informing workers of their disability insurance rights and benefits due to the employee’s own sickness, injury, or pregnancy, or the employee’s need to provide care for any sick or injured family member, or the employee’s need to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption. The notice shall also instruct the employee to provide notification of the reason for taking leave in a manner consistent with company policy. The notice shall be given by every employer to each new employee hired on or after January 1, 2004, and to each employee leaving work on or after July 1, 2004, due to pregnancy, nonoccupational sickness or injury, or the need to provide care for any sick or injured family member, or the need to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption. (Amended (as amended by Stats. 2002, Ch. 901) by Stats. 2003, Ch. 797, Sec. 7. Effective January 1, 2004.)
  24. 2614.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director must report yearly by June 30 to specified legislative committees on the department’s fraud deterrence and detection activities, and the department must assess its cross-matching system for claims against information about incarcerated individuals.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2614. (a) The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor, Public Employment and Retirement by June 30 of each year on the department’s fraud deterrence and detection activities. (b) The department shall assess the effectiveness of the department’s system of cross matching claims against information about incarcerated individuals. The assessment shall include how regularly the department performs the cross matches, how successful the cross matches are in detecting and preventing fraud, and whether the cross matches negatively affect eligible claimants attempting to legally obtain benefits. The department shall include this assessment in its annual report on fraud deterrence and detection activities. Details on fraud methods and tools may be generalized, excluded, or redacted to protect the fraud deterrence practices of the department. (Amended by Stats. 2021, Ch. 510, Sec. 4. (AB 56) Effective January 1, 2022.)
  25. 2615.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department must collect specified demographic data for disability and family temporary disability insurance claimants and publish a public dashboard.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [2601 - 2615] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## 2615. (a) The department, in the administration of this part, shall collect demographic data for individuals who claim disability benefits under Chapter 2 (commencing with Section 2625) or family temporary disability insurance benefits under Chapter 7 (commencing with Section 3300), including race and ethnicity data and sexual orientation and gender identity data. The department shall implement the requirements of this section by July 1, 2026. (b) The department shall collect race and ethnicity data using standardized federal race and ethnicity categories from the federal Office of Management and Budget’s “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.” (c) (1) The department shall also collect subgroup data for race and ethnicity subgroups that aggregate to the federal Office of Management and Budget categories. (2) The department shall collect subgroup data for Hispanic or Latino individuals in a manner that is at least as detailed as that required by the 2011 federal standards for health care surveys, entitled “U.S. Department of Health and Human Services Implementation Guidance on Data Collection Standards for Race, Ethnicity, Sex, Primary Language, and Disability Status,” allowing individuals to not only self-identify as Hispanic or Latino but to also self-identify as Mexican, Mexican American, Chicano; Puerto Rican; Cuban; or other Hispanic or Latino origin. (3) Individuals who choose the residual category “other Hispanic or Latino origin” shall be given the opportunity to specify the group with which they self-identify. (4) The department shall collect subgroup data for Asian and Pacific Islander individuals in a manner that provides for data reporting that is at least as detailed as that required by paragraphs (1) and (2) of subdivision (a) of Section 8310.5 of the Government Code for Asian and Pacific Islander individuals, allowing individuals to not only self-identify as Asian or Pacific Islander but to also self-identify as a member of one of the Asian or Pacific Islander subgroups specified in paragraphs (1) and (2) of subdivision (a) of Section 8310.5 of the Government Code or to choose a residual category of “other Asian” or “other Pacific Islander.” (5) Individuals who choose the residual categories “other Asian” or “other Pacific Islander” shall be given the opportunity to specify the group with which they self-identify. (d) The department shall collect sexual orientation and gender identity data in accordance with Section 8310.8 of the Government Code. (e) The department shall adopt demographic data collection standards, procedures, and processes to implement this section. As the federal Office of Management and Budget’s race and ethnicity categories and standards evolve, the department shall update demographic data collection standards, procedures, and processes in accordance with any new minimum federal Office of Management and Budget race and ethnicity categories or standards, including, but not limited to, those pertaining to Middle Eastern and North African populations and the manner in which race and ethnicity questions are sequenced or combined. (f) The department shall develop and make available online a public-facing dashboard that publishes disaggregated demographic data pertaining to program participation by individuals and is updated on at least a quarterly basis. The department shall benchmark that information to relevant demographic population estimates to ascertain whether program enrollment by members of the state’s various demographic groups is consistent with, or departs from, their share of the appropriate estimated population benchmarks. For race and ethnicity demographic data, such benchmarks shall be determined using population estimates for the federal Office of Management and Budget categories initially specified in subdivision (b) and subsequently specified pursuant to subdivision (e). Wherever available, additional benchmarks shall also be used for population estimates for the subgroup categories specified pursuant to subdivision (c). (Added by Stats. 2022, Ch. 317, Sec. 1. (SB 1058) Effective January 1, 2023.)
  26. 2625.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Disability benefits are payable from the Disability Fund to eligible individuals.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2625. Unemployment compensation disability benefits are payable from the Disability Fund to individuals who are eligible to receive such benefit payments under this part. (Enacted by Stats. 1953, Ch. 308.)
  27. 2626.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A person is treated as disabled on any day they cannot do their regular or customary work because of a physical or mental condition.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2626. (a) An individual shall be deemed disabled on any day in which, because of his or her physical or mental condition, he or she is unable to perform his or her regular or customary work. (b) For purposes of this section, “disability” or “disabled” includes: (1) Illness or injury, whether physical or mental, including any illness or injury resulting from pregnancy, childbirth, or related medical condition. (2) Inability to work because of a written order from a state or local health officer to an individual infected with, or suspected of being infected with, a communicable disease. (3) Acute alcoholism being medically treated or, to the extent specified in Section 2626.1, resident status in an alcoholic recovery home. (4) Acute drug-induced illness being medically treated or, to the extent specified in Section 2626.2, resident status in a drug-free residential facility. (Amended by Stats. 2010, Ch. 392, Sec. 5. (AB 2538) Effective January 1, 2011.)
  28. 2626.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Some residents of alcoholic recovery homes can receive disability benefits for up to 30 days, with up to 60 more days if a physician certifies continuing need. The department must also reimburse the State Department of Health Care Services for certain program review costs.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2626.1. (a) An individual who is a resident in an alcoholic recovery home pursuant to referral or recommendation by a physician shall be eligible for disability benefits for a period not in excess of 30 days in any disability benefit period while receiving resident services, if an authorized representative of the alcoholic recovery home certifies that the individual is a resident participating in an alcoholic recovery program which has been certified by the State Department of Health Care Services. The individual shall be eligible for disability benefits for an additional period not in excess of 60 days if the referring physician certifies to the need of the individual for continuing resident services. (b) The department shall reimburse the State Department of Health Care Services from the Disability Fund, in a reasonable amount as determined by the department, for the expense of reviewing any alcoholic recovery program, as required by the department in the administration of subdivision (a) which is not funded in the county alcohol program plan provided for in Article 3 (commencing with Section 11810) or Article 4 (commencing with Section 11830) of Part 2 of Division 10.5 of the Health and Safety Code. (c) Outside the State of California, an individual who is a resident in an alcohol recovery home pursuant to referral or recommendation by a physician shall be eligible for disability benefits for a period not in excess of 30 days in any disability benefit period while receiving resident services, if an authorized representative of the alcoholic recovery home certifies that the individual is a resident participating in an alcoholic recovery program, licensed by or satisfying a program review by the state in which the facility is located. The individual shall be eligible for disability benefits for an additional period not in excess of 60 days if the referring physician certifies to the need of the individual for continuing resident services. (Amended by Stats. 2013, Ch. 22, Sec. 84. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  29. 2626.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Some residents in drug-free residential facilities can qualify for disability benefits for up to 45 days, with a possible additional 45 days if the required certifications are made. The department must also reimburse the state health services department for facility review costs in specified cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2626.2. (a) An individual who is a resident in a drug-free residential facility pursuant to referral or recommendation by a physician shall be eligible for disability benefits for a period not in excess of 45 days in any disability benefit period while receiving resident services, if an authorized representative of the drug-free residential facility certifies that the individual is a resident participating in a drug-free residential facility which has satisfied a program review by the State Department of Health Care Services. The individual shall be eligible for disability benefits for an additional period not in excess of 45 days if the referring physician certifies to the need of the individual for continuing resident services. (b) The department shall reimburse the State Department of Health Care Services from the Disability Fund, in a reasonable amount as determined by the department, for the expense of reviewing any drug-free residential facility, as required by the department in the administration of subdivision (a), which is not funded under the federal Drug Abuse Office and Treatment Act of 1972 (Public Law 92-255) or in conformance with Article 2 (commencing with Section 11975) of Chapter 2 of Part 3 of Division 10.5 of the Health and Safety Code. (c) Outside the State of California, an individual who is a resident in a drug-free residential facility pursuant to referral or recommendation by a physician shall be eligible for disability benefits for a period not in excess of 45 days in any disability benefit period while receiving resident services, if an authorized representative of the drug-free residential facility certifies that the individual is a resident participating in a drug-free residential program, licensed by or satisfying a program review by the state in which the facility is located. The individual shall be eligible for disability benefits for an additional period, but not in excess of 45 days, if the referring physician certifies to the need of the individual for continuing resident services. (Amended by Stats. 2013, Ch. 22, Sec. 85. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  30. 2627.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A disabled individual can receive disability benefits only if listed eligibility conditions are met, including a claim, a seven-day waiting period, required examinations, and required certificates.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2627. A disabled individual is eligible to receive disability benefits equal to one-seventh of his or her weekly benefit amount for each full day during which he or she is unemployed due to a disability only if the director finds that: (a) He or she has made a claim for disability benefits as required by authorized regulations. (b) (1) He or she has been unemployed and disabled for a waiting period of seven consecutive days during each disability benefit period with respect to which waiting period no disability benefits are payable. (2) The waiting period requirement shall not apply to a person who has met the waiting period requirements on the initial claim for disability benefits when that person files a subsequent claim for disability benefits for the same or a related cause or condition within 60 days after the original disability benefit period. (c) Except as provided in Sections 2626.1, 2626.2, and 2709, he or she has submitted to such reasonable examinations as the director may require for the purpose of determining his or her disability. (d) Except as provided in Section 2708.1, he or she has filed a certificate as required by Section 2708 or 2709. (e) The director shall report to the Legislature regarding the effect of the modified waiting period in paragraph (2) of subdivision (b) on or before January 1, 2020, and may submit subsequent reports thereafter. The report shall be submitted in compliance with Section 9795 of the Government Code. (f) This section shall become operative on July 1, 2016. (Repealed (in Sec. 3) and added by Stats. 2015, Ch. 357, Sec. 4. (SB 667) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  31. 2628.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A person is not eligible for disability benefits for any period when the director finds they have received, or are entitled to receive, unemployment compensation benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2628. An individual is not eligible for disability benefits with respect to any period for which the director finds that he has received or is entitled to receive unemployment compensation benefits under Part 1 of this division or under an unemployment compensation act of any other state or of the Federal Government. (Enacted by Stats. 1953, Ch. 308.)
  32. 2629.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An individual is generally not eligible for disability benefits for a day if they received or can receive other cash benefits, but benefits may be paid at a reduced amount in some cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2629. (a) Except as provided in this section, an individual is not eligible for disability benefits under this part 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 and Section 2629.1, means any of the following: (1) Temporary disability indemnity under a workers’ compensation law of this state or of any other state or of the federal government. (2) Temporary disability benefits under any employer’s liability law of this state or of any other state or of the federal government. (3) Permanent disability benefits for the same injury or illness under the workers’ compensation law of this state, any other state, or the federal government. (c) If these “other benefits” are less than the amount an individual would otherwise receive as disability benefits under this part, he or she shall be entitled to receive, for that day, if otherwise eligible, disability benefits under this part reduced by the amount of these “other benefits.” (d) An individual shall be entitled to receive, for any day, if otherwise eligible, disability benefits under this part reduced by the amount of the permanent disability indemnity if the permanent disability indemnity is less than the amount an individual would otherwise receive as disability benefits under this part. (Amended by Stats. 2010, Ch. 392, Sec. 6. (AB 2538) Effective January 1, 2011.)
  33. 2629.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section limits when disability benefit payments may be delayed, requires the department to give notices and make an initial determination, and requires employers to reimburse the department with interest and possibly a 10% penalty.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2629.1. (a) Nothing in Section 2629 shall be construed to authorize the delay of payment of unemployment compensation disability benefits except where the claimant is currently in receipt of other benefits or where the department has received notice that the claimant’s employer or insurer has agreed to commence the payment of other benefits. (b) Notwithstanding Section 2701.5, payments shall commence within 14 days after notice to the employer or insurer under this section unless the employer or insurer has either paid or has agreed to commence the payment of other benefits. (c) Upon the filing of a claim for unemployment compensation disability benefits, the department shall make an initial determination as to the claimant’s entitlement to other benefits for purposes of Section 2629. (1) The department shall notify the claimant and the claimant’s employer if it determines that the claimant is entitled to other benefits. (2) The notice to the claimant shall inform the claimant that disability benefits will be paid pending receipt of other benefits if the employer fails to agree to pay these other benefits within 14 days of notification of industrial injury and shall advise the claimant of the provisions of Section 2629. (3) The department shall also include with the claimant’s notice a pamphlet to be provided by the Department of Industrial Relations which meets the criteria specified in subdivision (b) of Section 139.6 of the Labor Code. (4) The notice to the employer shall constitute a claim for compensation and knowledge of an injury for purposes of Section 5402 of the Labor Code, and shall inform the employer of its potential liability for interest and penalties under this section. (d) If the employer or the insurance carrier disputes liability for the payment of other benefits, or the extent thereof, the department’s right to reimbursement shall be subject to the jurisdiction of the Workers’ Compensation Appeals Board in accordance with Part 4 (commencing with Section 5300) of Division 4 of the Labor Code. (e) An employer or insurance carrier who subsequently assumes liability or is determined to be liable for reimbursement to the department for unemployment compensation disability benefits which the department has paid in lieu of other benefits shall be assessed for this liability by the department. In addition, the employer shall pay the department interest on the disability benefits at the annual rate provided in Section 19521 of the Revenue and Taxation Code. The employer shall also pay a penalty of 10 percent of the amount reimbursed to the department if the Workers’ Compensation Appeals Board finds that the failure of the employer to pay other benefits upon notice by the department under this section was unreasonable and a penalty has not been awarded for the delay under Section 5814 of the Labor Code. All funds received by the department pursuant to this section shall be deposited in the Disability Fund. (f) The employer shall reimburse the department in accordance with subdivision (e) within 60 days of either voluntarily accepting liability for other benefits or after a final award, order, or decision of the Workers’ Compensation Appeals Board. (Amended by Stats. 1993, Ch. 877, Sec. 95. Effective October 6, 1993. Operative January 1, 1994, by Sec. 102 of Ch. 877.)
  34. 2629.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain excludable restitution payments and settlement payments may not be used to reduce an individual’s disability benefits, to the extent federal law allows.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2629.5. To the extent permitted by federal law, excludable restitution payments, as defined in Section 17131.1 of the Revenue and Taxation Code, and excludable settlement payments, as defined in Section 17131.2 of the Revenue and Taxation Code, may not be applied to reduce the amount of disability benefits to which an individual may otherwise be entitled under law. (Amended by Stats. 2004, Ch. 402, Sec. 3. Effective January 1, 2005.)
  35. 2630.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section requires child support status notifications and benefit withholding steps for certain disability benefit claims.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility [2625 - 2630] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 2630. (a) The Department of Child Support Services shall periodically notify the department of individuals who are certified, as provided in Section 17518 of the Family Code, as having support obligations, as defined by subdivision (g) and notify the department of any changes in the status of these individuals to ensure that the department has a current record. (b) Upon receipt of the notifications referred to in subdivision (a), the department shall determine whether the individuals have claims for unemployment compensation disability benefits, either with the department or under an approved voluntary plan. (c) If the department determines that an individual referred to in subdivision (a) has a claim for unemployment compensation disability benefits with an approved voluntary plan, it shall notify the voluntary plan payer. When the Department of Child Support Services notifies the department of any changes in the individual’s status as to his or her support obligations, the department shall in turn notify the voluntary plan payer. Upon notification from the department, the voluntary plan payer shall deduct and withhold the amounts specified in Section 17518 of the Family Code from the unemployment compensation disability benefits that would otherwise be payable to the individual. For each withholding, the voluntary plan payer shall deduct an amount which represents the amount withheld for support obligations and may also deduct an administrative fee representing actual costs, not to exceed two dollars ($2). In no event shall the withholding and the administrative fee exceed 25 percent or a lesser amount as specified in subdivision (e) of Section 17518 of the Family Code. The voluntary plan payer shall pay the amounts for support deducted and withheld pursuant to this section to the appropriate certifying county. (d) The department shall maintain a current record of individuals certified as owing support obligations. If the department determines that the individual has a claim for unemployment compensation disability benefits with the department, it shall deduct and withhold the amounts specified in Section 17518 of the Family Code from the unemployment compensation disability benefits that would otherwise be payable to the individual. The department shall periodically pay the amounts deducted and withheld to the appropriate county or to the Department of Child Support Services as the assigned payee, as stipulated by mutual agreement, in the interagency agreement between the department and the Department of Child Support Services. (e) Amounts deducted and withheld from an individual’s unemployment compensation disability benefits in accordance with subdivision (c) or (d) shall for all purposes be treated as if it were paid to the individual and then paid by the individual to the Department of Child Support Services or the appropriate certifying county. (f) This section shall apply only if appropriate arrangements are made for the Department of Child Support Services to reimburse the department for its administrative costs for performing the functions required of it by this section. (g) For purposes of this section, “support obligations” means the child and related spousal support obligations described in the state plan approved pursuant to Section 454 of the Social Security Act and as that section may hereafter be amended. However, to the extent “related spousal support obligations” may not be collected from unemployment compensation under federal law, those obligations shall not be included in the definition of support obligations under this section. (Amended by Stats. 2000, Ch. 808, Sec. 117. Effective September 28, 2000.)
  36. 2652.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An individual cannot establish a valid disability claim unless the person was paid at least $300 in wages for employment during the disability base period.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 2652. An individual cannot establish a valid claim unless he has during his disability base period been paid wages for employment by employers of not less than three hundred dollars ($300). (Amended by Stats. 1957, Ch. 2107.)
  37. 2653.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section caps disability benefits at 52 times the weekly benefit amount, and also at the total wages paid during the disability base period, with special exceptions in Sections 708 and 708.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 2653. Except as provided in Sections 708 and 708.5, the maximum amount of benefits payable to an individual during any one disability benefit period shall be 52 times his or her weekly benefit amount, but in no case shall the total amount of the benefits payable be more than the total wages paid to the individual during his or her disability base period. If the benefit is not a multiple of one dollar ($1) it shall be computed to the next higher multiple of one dollar ($1). This section shall apply to periods of disability commencing on or after January 1, 1984. (Amended by Stats. 1993, Ch. 747, Sec. 14. Effective January 1, 1994.)
  38. 2654.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    For this article, unpaid wages due within the legal time limit are treated as wages paid to the individual.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 2654. For the purpose of this article wages due to any individual but unpaid within the time limit provided by law, shall be deemed wages paid to such individual. (Added by Stats. 1953, Ch. 1371.)
  39. 2655.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section sets how an individual's weekly disability benefit amount is calculated from wages in the highest quarter of the disability base period, with different formulas and caps for different time periods.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 2655. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), an individual’s “weekly benefit amount” shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which wages were the highest. A Amount of wages in highest quarter B Weekly benefit amount $75–1,149.99 ........................ $50 1,150–1,174.99 ........................ 51 1,175–1,199.99 ........................ 52 1,200–1,224.99 ........................ 53 1,225–1,249.99 ........................ 54 1,250–1,274.99 ........................ 55 1,275–1,299.99 ........................ 56 1,300–1,324.99 ........................ 57 1,325–1,349.99 ........................ 58 1,350–1,374.99 ........................ 59 1,375–1,399.99 ........................ 60 1,400–1,424.99 ........................ 61 1,425–1,449.99 ........................ 62 1,450–1,474.99 ........................ 63 1,475–1,499.99 ........................ 64 1,500–1,524.99 ........................ 65 1,525–1,549.99 ........................ 66 1,550–1,574.99 ........................ 67 1,575–1,599.99 ........................ 68 1,600–1,624.99 ........................ 69 1,625–1,649.99 ........................ 70 1,650–1,674.99 ........................ 71 1,675–1,699.99 ........................ 72 1,700–1,724.99 ........................ 73 1,725–1,749.20 ........................ 74 (b) For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers’ compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (c) For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (d) (1) For periods of disability commencing on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount. (2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (e) For periods of disability commencing on and after January 1, 2018, but before January 1, 2025, an individual’s “weekly benefit amount” shall be as follows: (1) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than nine hundred twenty-nine dollars ($929), then fifty dollars ($50). (2) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is nine hundred twenty-nine dollars ($929) or more, and is less than one-third of the amount of the state average quarterly wage, then 70 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (3) Except as provided in paragraph (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is one-third of the amount of the state average quarterly wage, or more, then either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest divided by 13, whichever amount is greater. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (4) An individual’s “weekly benefit amount” shall not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. (f) (1) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows: (A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50). (B) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage. (C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. (2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (g) For purposes of this section: (1) “State average quarterly wage” means the state average weekly wage multiplied by 13. (2) “State average weekly wage” means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred. (Amended by Stats. 2022, Ch. 878, Sec. 2. (SB 951) Effective January 1, 2023.)
  40. 2656.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Vacation pay generally is not counted as wages for disability-benefit eligibility, for disability periods starting on or after January 1, 1992, except as provided in Section 3303(g).

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 2656. (a) An individual eligible to receive disability benefits who receives wages or regular wages from his or her employer during the period of his or her disability or period of family care leave shall be paid disability benefits for any seven-day week or partial week in an amount not to exceed his or her maximum weekly amount which together with the wages or regular wages does not exceed his or her weekly wage, exclusive of wages paid for overtime work, immediately prior to the commencement of his or her disability or period of family care leave. (b) For purposes of this section, to determine the wages or regular wages received by the eligible individual, the amount as stated by the individual shall be presumed to be accurate. This presumption is one affecting the burden of producing evidence. (c) Except as provided in subdivision (g) of Section 3303, for purposes of periods of disability commencing on or after January 1, 1992, vacation pay is not considered wages for determining eligibility for disability benefits. (Amended by Stats. 2003, Ch. 797, Sec. 8. Effective January 1, 2004.)
  41. 2657.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If an individual’s pay is irregular or not based on a fixed time period, weekly or quarterly wages used to compute disability benefits must be set under authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 2657. If the remuneration of an individual is not based upon a fixed period or duration of time or if the individual’s wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, the wages for any week or for any calendar quarter for the purpose of computing an individual’s right to disability benefits shall be determined pursuant to authorized regulations. The regulations shall, so far as possible, secure results reasonably similar to those which would prevail if the individual were paid his wages at regular intervals. (Amended by Stats. 1977, Ch. 1252.)
  42. 2658.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    When a person’s disability benefits are being calculated and the person was involved in a trade dispute, certain non-working quarters are excluded from the base period, with replacement quarters added. A claimant may prove wages by affidavit if records were destroyed under approved conditions, and the director may treat the trade-dispute start quarter as complete if that is more equitable.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [2652 - 2658] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 2658. Notwithstanding any inconsistent provisions in this part, except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any person who was involved in a trade dispute during the disability base period, as determined pursuant to Section 2610, there shall be excluded from the disability base period those quarters during which the person performed no services in employment for 60 days or more as a result of a trade dispute. For all quarters so excluded there shall be substituted an equal number of quarters immediately preceding the commencement of the trade dispute. In the event the disability base period so determined includes wages in calendar quarters for which the records have been destroyed under proper approval, a claimant may establish the amount of wages by affidavit in accordance with authorized regulations. The quarter of commencement of the trade dispute shall be counted as a completed quarter if the director finds that the inclusion thereof would be more equitable to the claimant. (Amended by Stats. 1985, Ch. 1211, Sec. 3.)
  43. 2675.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An individual can be disqualified from disability benefits for willfully making a false statement or withholding a material fact to get benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 2675. (a) An individual shall be disqualified from receiving benefits under this part if he or she has willfully, for the purpose of obtaining benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any benefits under this part. (b) An individual disqualified under subdivision (a) under a determination transmitted to him or her by the department, shall be ineligible to receive benefits from the date the disqualifying determination was issued and for not less than seven nor more than 35 subsequent days for which he or she is otherwise eligible for benefits under this part. When successive disqualifications under subdivision (a) occur, the director may extend the period of ineligibility for an additional period not to exceed 56 days. (c) If all or any of the assessed days of ineligibility cannot be served because the individual is no longer otherwise eligible for benefits under this part, the assessed days of ineligibility shall be applied to any subsequent disability benefit period for which he or she is otherwise eligible for benefits. No disqualification under this subdivision shall be applied, however, to any day of eligibility which falls beyond the three-year period next succeeding the date upon which the determination was mailed or served by the department. (d) The amendments made to this section by the act adding this subdivision shall apply to disqualifying determinations issued on or after January 1, 1992. (Amended by Stats. 1991, Ch. 1134, Sec. 5.)
  44. 2676.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An individual disqualified from certain unemployment compensation benefits is presumed ineligible for disability benefits for the same period unless they prove a bona fide illness or injury, or claim family care leave, and the director finds good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 2676. An individual who is disqualified from receiving unemployment compensation benefits under Sections 1256, 1257, 1260, 1261, and 1263 shall be presumed to be ineligible to receive disability benefits under this part for the same period or periods unless he or she establishes to the satisfaction of the director that he or she is suffering a bona fide illness or injury or claiming a period of family care leave and the director finds that there is good cause for paying disability benefits. (Amended by Stats. 2003, Ch. 797, Sec. 9. Effective January 1, 2004.)
  45. 2677.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A person who is otherwise eligible for disability benefits is not disqualified just because they were disqualified from unemployment compensation benefits under Section 1262.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 2677. An individual who is otherwise eligible for benefits under this part shall not be disqualified from receiving such benefits because of a disqualification from receiving unemployment compensation benefits under Section 1262. (Repealed and added by Stats. 1979, Ch. 1052.)
  46. 2678.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An individual is disqualified from receiving disability benefits under this part while confined in an institution or other place under commitment, court order, or certification, if the confinement is as a dipsomaniac, drug addict, or sexual psychopath.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 2678. An individual shall be disqualified from receiving benefits under this part while he is confined, pursuant to commitment or court order or certification, in an institution or other place, as a dipsomaniac, drug addict or sexual psychopath. (Added by Stats. 1953, Ch. 1805.)
  47. 2679.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An otherwise eligible individual is not disqualified from disability benefits for the day a family member the individual cares for dies, or the day the individual dies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 2679. Notwithstanding any other provision of law, an individual who is otherwise eligible shall not be disqualified for benefits under this part for the day on which he or she or a family member, as defined in Chapter 7 (commencing with Section 3300), for whom the individual is providing care, died. (Amended by Stats. 2003, Ch. 797, Sec. 10. Effective January 1, 2004.)
  48. 2680.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An individual is ineligible for benefits under this part for any day they are incarcerated in certain facilities or places because of a criminal violation.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 2680. (a) An individual shall be ineligible for benefits under this part for any day during which he or she is incarcerated in any federal, state, or municipal penal institution, jail, medical facility, public or private hospital, or in any other place because of a criminal violation of a federal, state, or other municipal law or ordinance. For purposes of this section, “incarceration” includes any time spent in the custody of law enforcement authorities upon adjudication or conviction by a court of competent jurisdiction. (b) This section shall apply only with respect to periods of incarceration commencing on or after January 1, 1994. (Added by Stats. 1993, Ch. 318, Sec. 4. Effective January 1, 1994.)
  49. 2681.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A person who commits a crime is ineligible for disability benefits under this part if the disability is caused by the crime-related arrest, investigation, prosecution, or commission of a crime that leads to a felony conviction.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disqualifications [2675 - 2681] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 2681. (a) Any individual who commits a crime shall be ineligible for benefits under this part if the individual is disabled due to an illness or injury caused by, or arising out of the commission of, arrest, investigation, or prosecution of any crime that results in a felony conviction. (b) For purposes of this section, a plea or verdict of guilty, or a felony conviction following a plea of nolo contendere or no contest shall be considered to be a felony conviction under this part, irrespective of whether an order granting probation or suspending the imposition or execution of any sentence is issued. (c) This section shall apply only with respect to convictions rendered on or after January 1, 1994, regardless of the date the disability commenced, or benefits were paid. (Added by Stats. 1993, Ch. 318, Sec. 5. Effective January 1, 1994.)
  50. 2701.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department must pay disability benefits through approved agencies and, starting January 1, 2024, offer direct deposit to eligible recipients. Direct deposits may go only to qualifying accounts, and nonbank entities handling noncompliant accounts may not solicit, accept, or facilitate those deposits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2701. (a) Disability benefits shall be paid by the department through public employment offices or other agencies approved by the director. (b) Beginning January 1, 2024, the department shall provide a person entitled to receive disability benefits or family temporary disability insurance benefits under Chapter 7 (commencing with Section 3300) the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in paragraph (3) of subdivision (e), of the recipient’s choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. (c) (1) Notwithstanding any other law, if disability benefits or family temporary disability insurance benefits are directly deposited to an account of the recipient’s choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments shall only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (3) of subdivision (e). (2) A person or entity that is not an insured depository financial institution that offers, maintains, or manages an account that does not comply with paragraph (3) of subdivision (e) shall not solicit, accept, or facilitate the direct deposit of disability benefits or family temporary disability insurance benefits to the account. (d) For purposes of this section, the department shall not be held liable for authorizing a direct deposit of disability benefits or family temporary disability insurance benefits into an account designated by the recipient that does not comply with paragraph (3) of subdivision (e). The department has no obligation to determine whether an account at the insured depository financial institution of the recipient’s choice is a qualifying account, as described in paragraph (3) of subdivision (e). (e) For the purposes of this section, the following definitions shall apply: (1) “Insured depository financial institution” means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union that holds deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (2) “Prepaid account” has the same meaning as that term is defined in regulations under the EFTA. (3) “Qualifying account” is one of the following: (A) A demand deposit or savings account at an insured depository financial institution that is offered directly by the insured depository financial institution on its internet website or through its branches and that is in the name of the person entitled to the receipt of disability benefits or family temporary disability insurance benefits. (B) A prepaid account, or a demand deposit or savings account offered by, or through, an entity other than an insured depository financial institution, that meets all of the following: (i) The account is held at an insured depository financial institution. (ii) The account is set up to meet the requirements for direct or passthrough deposit or share insurance payable to the person entitled to the receipt of disability benefits or family temporary disability insurance benefits by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations. (iii) The account is not attached to a credit or overdraft feature that is automatically repaid from the account unless the credit or overdraft feature has no fee, charge, or cost, whether direct, required, voluntary, or involuntary, or the credit or overdraft feature complies with the requirements for credit offered in connection with a prepaid account under the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.) and its implementing regulations. (iv) The account complies with all of the requirements, and provides the holder of the account with all of the consumer protections, that apply to an account under the rules implementing the EFTA. (Amended by Stats. 2021, Ch. 546, Sec. 3. (SB 497) Effective January 1, 2022.)
  51. 2701.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department must issue the initial unemployment compensation disability benefit payment within 14 days after receiving a properly completed first disability claim, if the claimant is monetarily eligible and otherwise eligible under law and regulation.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2701.5. (a) The department shall issue the initial payment for unemployment compensation disability benefits to a monetarily eligible claimant who is otherwise determined eligible by the department under applicable law and regulation within 14 days of receipt of the claimant’s properly completed first disability claim. (b) This section shall remain in effect only until Section 2701.5.5 is incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project, and as of that date is repealed. (Amended by Stats. 2024, Ch. 876, Sec. 1. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions. Repealed conditionally by its own provisions.)
  52. 2701.5.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department must issue the initial disability benefit payment within 14 days after a properly completed first disability claim is received, or when eligibility begins, whichever is later.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2701.5.5. (a) The department shall issue the initial payment for unemployment compensation disability benefits to a monetarily eligible claimant who is otherwise determined eligible by the department under applicable law and regulation within 14 days of receipt of the claimant’s properly completed first disability claim or as soon as eligibility begins for the claimant, whichever is later. (b) This section shall become operative when incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project. (Added by Stats. 2024, Ch. 876, Sec. 2. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions.)
  53. 2702.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Eligible minors may be paid disability benefits directly, and a receipt signed by a minor is valid and binding.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2702. Minors who are eligible for disability benefits may be paid and receive such benefits in their own right and a receipt signed by a minor shall be valid and binding in all respects. (Enacted by Stats. 1953, Ch. 308.)
  54. 2703.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A disability benefit period does not create an unemployment benefit year, and filing one valid claim does not create a valid claim for the other. Wages used for a disability claim may be reused for a later disability or unemployment claim if they were paid in the applicable base period.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2703. The establishment of a disability benefit period for unemployment compensation disability benefits shall not establish a benefit year for unemployment compensation benefits and the filing of a valid claim for one shall not establish a valid claim for the other. Wages used to establish a valid claim for disability benefits may be used to establish a subsequent claim for disability benefits or unemployment compensation benefits provided such wages were paid in the base period applicable to the subsequent claim. (Amended by Stats. 1953, Ch. 1371.)
  55. 2705.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If an eligible person dies before filing a disability benefits claim, the director may allow a claim to be filed by a person legally entitled under Section 1341.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2705. Where an individual who would be eligible to receive disability benefits dies before making a claim therefor, the director may in accordance with authorized regulations allow the filing of a claim for such benefits by a person legally entitled thereto under Section 1341. (Enacted by Stats. 1953, Ch. 308.)
  56. 2705.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If an eligible person is mentally unable to file a disability claim, the director must let the spouse or domestic partner file it when there is no other legally authorized representative.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2705.1. Where an individual who would be eligible to receive disability benefits is mentally unable to make a claim therefor, the director shall, in accordance with authorized regulations, allow the filing of a claim for these benefits by the spouse or domestic partner of the individual, in the absence of any other legally authorized representative of the individual. A payment shall be made upon affidavit executed by the spouse or domestic partner or person or persons claiming to be entitled to the benefits and the receipt of the affidavit or affidavits shall fully discharge the Director of Employment Development from any further liability with reference to the payments, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. For the purposes of this section “mentally unable to make a claim” shall be limited to those cases in which the individual is certified by a healing arts practitioner specified in Sections 2708 and 2709 to be mentally unable to make a claim pursuant to this part. (Amended by Stats. 2001, Ch. 893, Sec. 60. Effective January 1, 2002.)
  57. 2706.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Disability benefit claims must follow the Director of Employment Development’s authorized regulations, and employers must post, keep, and provide related printed statements to workers; the Director must supply those statements to employers at no cost.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2706. Claims for disability benefits shall be made in accordance with authorized regulations of the Director of Employment Development. Each employer shall post and maintain in places readily accessible to individuals in his service printed statements concerning such regulations and shall make available to each such individual copies of such printed statements, regulations or matters relating to claims for disability benefits as the Director of Employment Development may prescribe. Such printed statements shall be supplied to each employer by the Director of Employment Development without cost to the employer. (Amended by Stats. 1973, Ch. 1212, Sec. 215.)
  58. 2706.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A first disability claim must be filed within 41 consecutive days after the first compensable day, and an incomplete claim form must be completed and returned within 10 consecutive days after mailing, unless the department extends the time for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2706.1. (a) A first claim, accompanied by a certificate on a form furnished by the department to the claimant, shall be filed not later than the 41st consecutive day following the first compensable day of unemployment and disability with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that such time shall be extended by the department upon a showing of good cause. (b) This section shall remain in effect only until Section 2706.1.5 is incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project, and as of that date is repealed. (Amended by Stats. 2024, Ch. 876, Sec. 3. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions. Repealed conditionally by its own provisions.)
  59. 2706.1.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A claimant may start a disability claim up to 30 days before the expected first compensable day, but a first claim must be filed by the 41st consecutive day after the first compensable day unless the department extends the time for good cause. If the first claim is incomplete, the claimant must complete and return it within 10 days after mailing, unless extended for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2706.1.5. (a) A claimant may initiate the claim process up to 30 days in advance of the anticipated first compensable day. A first claim, accompanied by a certificate on a form furnished by the department to the claimant, shall be filed not later than the 41st consecutive day following the first compensable day of unemployment and disability with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that the time shall be extended by the department upon a showing of good cause. (b) This section shall become operative when incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project. (Added by Stats. 2024, Ch. 876, Sec. 4. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions.)
  60. 2706.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Continued medical certification must be submitted to the department within 20 days after the claimant receives a final payment notice or a request for additional medical certification.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2706.2. Any continued medical certification shall be submitted to the department within 20 days of the date the claimant is issued a notice of final payment or departmental request for additional medical certification. The 20-day time limit shall be extended by the department upon a showing of good cause. (Added by Stats. 1991, Ch. 1134, Sec. 6.)
  61. 2707.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department must notify the employing unit when a first disability benefit claim is filed.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707. The department shall give a notice of the filing of a first claim for each disability benefit period to the employing unit by which the claimant was last employed immediately preceding the filing of such claim. (Amended by Stats. 1979, Ch. 373.)
  62. 2707.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The last employer must notify the department about any information that may affect the claimant’s eligibility.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707.1. Within two working days after receipt of the notice provided for in Section 2707, or if there has been a termination of the claimant’s service within five days after such termination, whichever is the later, the last employer shall notify the department of any information known to him which may bear upon the eligibility of the claimant. (Amended by Stats. 1979, Ch. 373.)
  63. 2707.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department must decide claimant eligibility, notify the claimant, and the claimant may appeal within 30 days, with possible extension for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707.2. (a) The department shall consider the facts submitted by the employer pursuant to Section 2707.1 and make a determination as to the eligibility of the claimant for benefits. The department shall promptly notify the claimant of the determination and the reasons therefor. The claimant may appeal therefrom to an administrative law judge within 30 days from service of the notice of determination. The 30-day period may be extended for good cause. The director shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on March 1, 2018. (Amended by Stats. 2022, Ch. 67, Sec. 29. (SB 191) Effective June 30, 2022.)
  64. 2707.3.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    When a disability benefits claim is filed, the Employment Development Department must promptly compute the benefits and tell the claimant the result, except in a specified self-insured-plan case.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707.3. (a) Except as provided in subdivision (b) of this section, upon the filing of a claim for unemployment compensation disability benefits, the Employment Development Department shall promptly make a computation on the claim which shall set forth the maximum amount of benefits potentially payable during the disability benefit period and the weekly benefit amount. The Employment Development Department shall promptly notify the claimant of the computation. (b) No computation shall be made on a claim of an employee for disability benefits under an approved self-insured plan if the uninterrupted period of disability for such claim does not exceed the waiting period prescribed for benefits from the Disability Fund under subdivision (b) of Section 2627. (Amended by Stats. 1977, Ch. 1143.)
  65. 2707.4.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A claimant may protest a computation or recomputation within 30 days after notice, and the department must consider the protest and promptly notify the claimant of the result.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707.4. (a) The claimant may, within 30 days after the service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation. The 30-day period may be extended for good cause. The department shall consider any such protest and shall promptly notify the claimant of the recomputation or denial of recomputation. The claimant may appeal from a notice of denial of recomputation in the manner prescribed in Section 2707.2. The director shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on March 1, 2018. (Amended by Stats. 2022, Ch. 67, Sec. 30. (SB 191) Effective June 30, 2022.)
  66. 2707.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department may reconsider certain determinations and recomputations for good cause, and it must promptly notify the claimant. The claimant may appeal or protest as provided in the referenced sections.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707.5. (a) The department may for good cause reconsider any determination provided for in this part prior to the filing of an appeal therefrom, or within 30 days after an appeal to an administrative law judge is filed. The department shall promptly notify the claimant of any reconsidered determination, and the claimant may appeal therefrom in the manner prescribed in Section 2707.2. The director shall be an interested party to any appeal. (b) The department may for good cause reconsider any computation or recomputation provided for in this part within one year from the beginning date of the disability benefit period to which the notice of computation or recomputation relates, except that no recomputation may be considered with respect to any issue considered or under consideration in an appeal taken from a denial of recomputation. The department shall promptly notify the claimant of the recomputation. The claimant may protest the accuracy of the recomputation as prescribed in Section 2707.4. (Amended by Stats. 2003, Ch. 797, Sec. 11. Effective January 1, 2004.)
  67. 2707.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Notices, protests, and required information under this article must be submitted according to authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707.6. Notices, protests, and information required under this article shall be submitted in accordance with authorized regulations. (Amended by Stats. 1974, Ch. 1159.)
  68. 2707.8.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An administrative law judge must decide appealed determinations after a fair hearing, notify the claimant and director in writing, and the decision becomes final unless further appeal is started within 30 days after mailing, unless extended for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2707.8. (a) An administrative law judge, after affording a reasonable opportunity for fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside any determination that is appealed under this article. The claimant and the director shall be promptly notified in writing of the administrative law judge’s decision, together with reasons for the decision. The decision shall be final unless, within 30 days after mailing of the decision, further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day limitation may be extended for good cause. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (Added by Stats. 2016, Ch. 276, Sec. 6. (AB 2886) Effective January 1, 2017.)
  69. 2708.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section requires disability claims to be supported by medical certificates, and lets the department request extra medical evidence in some cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2708. (a) (1) In accordance with the director’s authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. A certificate filed to establish medical eligibility for the employee’s own sickness, injury, or pregnancy shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms. (2) A certificate filed to establish medical eligibility of the employee’s own sickness, injury, or pregnancy shall also contain a statement of medical facts, including secondary diagnoses when applicable, within the physician’s or practitioner’s knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating the physician’s or practitioner’s conclusion as to the claimant’s disability, and a statement of the physician’s or practitioner’s opinion as to the expected duration of the disability. (b) An employee shall be required to file a certificate to establish eligibility when taking leave to care for a family member with a serious health condition. The certificate shall be developed by the department. In order to establish medical eligibility of the serious health condition of the family member that warrants the care of the employee, the information shall be within the physician’s or practitioner’s knowledge and shall be based on a physical examination and documented medical history of the family member and shall contain all of the following: (1) A diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, if no diagnosis has yet been obtained, a detailed statement of symptoms. (2) The date, if known, on which the condition commenced. (3) The probable duration of the condition. (4) An estimate of the amount of time that the physician or practitioner believes the employee needs to care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. (5) (A) A statement that the serious health condition warrants the participation of the employee to provide care for their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. (B) “Warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging “third party” care for the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as well as directly providing, or participating in, the medical care. (c) The department shall develop a certification form for bonding that is separate and distinct from the certificate required in subdivision (a) for an employee taking leave to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption. (d) The first and any continuing claim of an individual who obtains care and treatment outside this state shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate, with the investigation. A physician or practitioner licensed by, and practicing in, a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years. (e) For purposes of this part: (1) “Physician” has the same meaning as defined in Section 3209.3 of the Labor Code. (2) (A) “Practitioner” means a person duly licensed or certified in California acting within the scope of their license or certification who is a dentist, podiatrist, or a nurse practitioner, and in the case of a nurse practitioner, after performance of a physical examination by a nurse practitioner and collaboration with a physician and surgeon, or as to pregnancy, childbirth, or postpartum conditions consistent with the scope of their professional licensure, a midwife or nurse-midwife, or nurse practitioner. (B) “Practitioner” also means a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. Funds appropriated to cover the costs required to implement this subparagraph shall come from the Unemployment Compensation Disability Fund. This subparagraph shall be implemented on or before January 1, 2017. (f) For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimant’s hospital chart, and the certificate is signed by the hospital’s registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimant’s hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so. (g) Nothing in this section shall be construed to preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include any or all of the following: (1) Identification of diagnoses. (2) Identification of symptoms. (3) A statement setting forth the facts of the claimant’s disability. The statement shall be completed by any of the following individuals: (A) The physician or practitioner treating the claimant. (B) The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant. (C) An examining physician or other representative of the department. (h) This section shall become operative on July 1, 2014. (Amended by Stats. 2023, Ch. 497, Sec. 5. (SB 667) Effective January 1, 2024.)
  70. 2708.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A claimant may receive reduced disability benefits without a physician’s certificate if the claimant submits evidence to the department showing receipt of temporary disability benefits under workers’ compensation for that day.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2708.1. (a) Except as provided in subdivision (b), where an individual is entitled to receive unemployment compensation disability benefits reduced by the amount of temporary workers’ compensation received for any day under Section 2629, it shall not be necessary that he or she obtain a certificate of a physician as required by subdivision (a) of Section 2708 to receive the reduced amount of disability benefits for that day, provided that the claimant submits evidence to the department of receipt of temporary disability benefits under a workers’ compensation law for that day. (b) This section does not apply to Chapter 7 (commencing with Section 3300). (Amended by Stats. 2003, Ch. 797, Sec. 13. Effective January 1, 2004.)
  71. 2709.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain individuals relying entirely on prayer or spiritual means may avoid a medical examination, and the director may accept a religious practitioner’s certificate instead.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2709. If any individual in good faith adheres to the teachings of any bona fide church, sect, denomination or organization and in accordance with its principles depends for healing entirely upon prayer or spiritual means, no medical examination shall be required, but in lieu thereof the director may accept the certificate of a duly authorized and accredited practitioner of that bona fide church, sect, denomination or organization as to the disability of the claimant, or the serious health condition of the family member that warrants the care of the individual, for purposes of Chapter 7 (commencing with Section 3300) of Part 2, and the estimated duration of such disability, and no authorized regulation prescribing the manner of proof of illness, injury, or serious health condition shall discriminate against that individual. (Amended by Stats. 2003, Ch. 797, Sec. 14. Effective January 1, 2004.)
  72. 2712.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    When a disability-benefit claim is disputed between the Disability Fund and a voluntary plan, the individual must be paid while the dispute is pending, and the appeals board may set procedures for deciding the dispute.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2712. Whenever an individual is entitled to benefits under this part but there is a dispute whether such benefits are payable from the Disability Fund or from one or another voluntary plan, benefits shall be paid to the individual, pursuant to authorized regulations, from the source against which his claim was first filed, at not less than the Disability Fund rate, pending the determination of the dispute. The appeals board may prescribe by regulation the time, manner, method, and procedure through which such disputes may be determined by administrative law judges and the appeals board. If it is finally determined that the benefits should have been paid from one of said sources other than the one which paid the benefits, reimbursement shall be promptly made from the Disability Fund or the voluntary plan, as the case may be, and the claimant shall be promptly paid the accumulated excess, if any, to which he is entitled. Reimbursement shall also be made to the extent of actual liability for benefits from one to another of the above mentioned sources when it is determined that benefits have been paid in error from one source which should have been paid from another. (Amended by Stats. 1984, Ch. 537, Sec. 40.)
  73. 2712.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If an employer or insurer does not reimburse the Disability Fund within 15 days after a final administrative decision becomes final, the director must assess the unpaid amount against that employer or insurer.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2712.5. (a) If, in a disputed coverage proceeding under Section 2712 a final decision of an administrative law judge or of the appeals board finds that an employer or insurer shall reimburse the Disability Fund and the employer or insurer fails to pay all or any part of the reimbursement within 15 days after the decision of an administrative law judge or of the appeals board becomes final, the director shall assess the unpaid amount against the employer or the insurer. The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 with respect to the assessment of contributions shall apply to the recovery of the unpaid amount. The provisions of Chapter 7 (commencing with Section 1701) of Part 1 with respect to the collection of contributions shall apply to the recovery of unpaid amounts under this section. Amounts so collected shall be deposited in the Disability Fund. (b) The provisions of Article 9 (commencing with Section 1176) of Chapter 4 of Part 1 shall apply to amounts collected under this section and to amounts reimbursed to the Disability Fund after a final decision by an administrative law judge or the appeals board in a disputed coverage proceeding under Section 2712. (Amended by Stats. 1987, Ch. 226, Sec. 2.)
  74. 2713.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A claimant may ask for a closed hearing if there is good cause, and the claimant’s last employer and each base period employer may participate in that hearing.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2713. In proceedings under this part the claimant, upon a showing of good cause, may request a closed hearing except that the last employer and each base period employer of the claimant shall be entitled to participate in any such hearing. (Enacted by Stats. 1953, Ch. 308.)
  75. 2714.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Department medical records are confidential and may not be published or opened to public inspection if that would reveal a claimant’s or family member’s identity, or the nature or cause of the disability.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims [2701 - 2714] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 2714. All medical records of the department obtained under this part, except to the extent necessary for the proper administration of this part, or as provided elsewhere in law shall be confidential and shall not be published or be open to public inspection in any manner revealing the identity of the claimant or family member, or the nature or cause of his or her disability. Medical records that are disclosed shall be disclosed only pursuant to Section 1095, and shall remain confidential. (Amended by Stats. 2003, Ch. 797, Sec. 15. Effective January 1, 2004.)
  76. 2735.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    A person overpaid disability benefits under this part is liable to repay the overpaid amount unless the overpayment was not caused by fraud, misrepresentation, or wilful nondisclosure, and was received without fault and recovery would be against equity and good conscience.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2735. Any person who is overpaid any amount as benefits under this part is liable for the amount overpaid unless: (a) The overpayment was not due to fraud, misrepresentation or wilful nondisclosure on the part of the recipient, and (b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience. (Added by Stats. 1955, Ch. 1153.)
  77. 2735.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    If the director finds an individual was overpaid disability benefits because of a willful false statement, false representation, or withholding a material fact, the director must assess a penalty equal to 30% of the overpayment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2735.1. If the director finds that an individual has been overpaid unemployment compensation disability benefits because he or she willfully, for the purpose of obtaining unemployment compensation disability benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact, the director shall assess against the individual an amount equal to 30 percent of the overpayment amount. For the purpose of collection, an assessment made pursuant to this section may be treated as an overpayment. Assessments collected under this section shall be deposited in the Unemployment Compensation Disability Fund. No penalty under this section shall be assessed with regard to any false statement or representation made prior to January 1, 1986. (Added by Stats. 1985, Ch. 1211, Sec. 5.)
  78. 2735.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    An overpayment claim cannot be based on certain Workmen’s Compensation Appeals Board lien decisions or compromises that allow less than the amount claimed.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2735.5. No claim of overpayment shall be based upon the disallowance by the Workmen’s Compensation Appeals Board of a claim of lien filed under Section 4903 of the Labor Code, or the allowance of such lien for less than the amount claimed, or upon the approval by the said appeals board of a compromise and release agreement providing for the allowance of such lien in an amount less than the claim. (Amended by Stats. 1967, Ch. 1484.)
  79. 2736.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    The Director of Employment Development must determine the overpayment amount and notify the recipient why the overpayment was determined.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2736. The Director of Employment Development shall determine the amount of the overpayment and shall notify the recipient of the basis of the overpayment determination. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the overpayment determination shall be served on the recipient within two years after the beginning of the disability benefit period for which the overpayment was made. (Amended by Stats. 2022, Ch. 67, Sec. 31. (SB 191) Effective June 30, 2022.)
  80. 2737.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    A person affected may appeal an overpayment determination to an administrative law judge within 30 days; the judge must hold a fair hearing and issue a decision, and that decision is final unless a further appeal is filed to the appeals board within 30 days.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2737. (a) Within 30 days from the date of mailing or serving of the notice of overpayment determination, the person affected may file an appeal to an administrative law judge. The director shall be an interested party to this appeal. The administrative law judge, after affording reasonable opportunity for a fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside the findings set forth in the notice of overpayment determination. The party and the director shall be notified of the administrative law judge’s decision, together with his or her reasons therefor, which shall be final unless within 30 days from the date of notification or mailing of the decision a further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day period for an appeal to the administrative law judge or to the appeals board may be extended for good cause. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on March 1, 2018. (Amended (as added by Stats. 2016, Ch. 276, Sec. 8) by Stats. 2017, Ch. 561, Sec. 250. (AB 1516) Effective January 1, 2018. Section operative March 1, 2018, by its own provisions.)
  81. 2738.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    The Appeals Board must review overpayment appeals and decide how much, if any, should be recovered.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2738. The Appeals Board shall review an appeal from an overpayment determination as provided in Sections 1336 and 1337 and determine what amount, if any, shall be recovered. (Amended by Stats. 1965, Ch. 266.)
  82. 2739.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    The Director of Employment Development may use several methods to recover disability-benefit overpayments, and the clerk must enter judgment when a certificate is filed.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2739. The Director of Employment Development, subject to this article, may do any or all of the following in the recovery of overpayments of disability benefits: (a) File a civil action against the liable person for the recovery of the amount of the overpayment within one year after any of the following, or, in cases where the individual has been overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in Section 2735.1, within three years of any of the following: (1) The service of the notice of overpayment determination if the person affected does not file an appeal to an administrative law judge. (2) The mailing of the decision of the administrative law judge if the person affected does not initiate a further appeal to the appeals board. (3) The date of the decision of the appeals board. (b) Initiate proceedings for a summary judgment against the liable person. However, this subdivision applies only where the director has found, pursuant to Section 2735, that the overpayment shall not be waived because it was due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient. The director may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county in which the claimant resides, a certificate containing all of the following: (1) The amount due, including the assessment made under Section 2735.1, plus interest from the date that the initial determination of overpayment was made pursuant to Section 2735. (2) A statement that the director has complied with all of the provisions of this article prior to the filing of the certificate. (3) A request that judgment be entered against the liable person in the amount set forth in the certificate. The clerk, immediately upon filing of the certificate, shall enter a judgment for the State of California against the liable person in the amount set forth in the certificate. For purposes of this subdivision only, an overpayment is final and due and payable after one of the following: (A) The liable person has not filed an appeal pursuant to Section 2737. (B) The liable person has filed an appeal to an administrative law judge and a decision of the administrative law judge upholding the overpayment has become final. (C) The liable person has filed an appeal to the appeals board and the decision of the appeals board upholding the overpayment has become final because the liable person has not sought judicial review within the six-month period provided by Section 410. (c) Reduce or vacate a summary judgment by filing a certificate to that effect with the clerk of the proper court. (d) Offset the amount of the overpayment received by the liable person against any amount of disability benefits to which they may become entitled under this division within six years of the date of service of the notice of overpayment determination. (Amended by Stats. 2022, Ch. 67, Sec. 32. (SB 191) Effective June 30, 2022.)
  83. 2739.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    An abstract of judgment under Section 2739 may be recorded with a county recorder, creating a lien on the liable person’s property in that county for 10 years unless released or discharged sooner.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2739.1. An abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 2739, or a copy thereof, may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien against all real or personal property of the liable person in that county owned by the liable person at the time, or which the liable person may afterwards, but before the lien expires, acquire. The lien shall have the force, effect, and priority of a judgment lien and shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 2739, unless sooner released or otherwise discharged. The lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided, be extended by recording a new abstract in the office of the county recorder of any county. From the date of the recording, the lien shall be extended for 10 years unless sooner released or otherwise discharged. Execution shall issue upon the judgment upon request of the director in the same manner as execution may issue upon other judgments. Sales shall be held under the execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state. (Added by Stats. 1989, Ch. 1010, Sec. 10.)
  84. 2739.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    After the lien is fully satisfied, the department must file, serve, and record an acknowledgment of satisfaction of judgment; the claimant must pay the recording cost if the acknowledgment is recorded.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2739.2. (a) If an abstract has been recorded as provided in Section 2739.1 and the lien, including any interest, costs, and penalty has been satisfied in full, the department shall, pursuant to Section 724.050 of the Code of Civil Procedure do all of the following: (1) File an acknowledgment of satisfaction of judgment with the court. (2) Serve an acknowledgment of satisfaction of judgment on the claimant. Service shall be made personally or by mail. (3) Record an acknowledgment of satisfaction of judgment in the office of the county recorder where the abstract of judgment is recorded. (b) If an acknowledgment of satisfaction of judgment is recorded, the cost of recording shall be an obligation of the claimant and may be collected from the claimant in any manner provided by law for the collection of the benefit overpayment. (c) If payment is made by check, any action specified in subdivision (a) shall not be required until the check has been paid by the financial institution upon which it was drawn. (Added by Stats. 1989, Ch. 1010, Sec. 11.)
  85. 2739.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    The Franchise Tax Board must help the director recover disability benefit overpayments by exchanging information.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2739.5. Notwithstanding any other provision of law to the contrary, the Franchise Tax Board shall aid the director in the recovery of overpayments of disability benefits through the exchange of information. (Added by Stats. 1987, Ch. 226, Sec. 3.)
  86. 2740.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    A person is not liable to repay benefits if they were paid under an administrative law judge’s decision affirming the initial determination or under a final appeals board decision, even if there is a later appeal.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2740. No person shall be liable for the amount of benefits received where the benefits were paid pursuant to an administrative law judge’s decision which affirmed an initial determination or in accordance with a final decision of the appeals board, regardless of any further appeal. (Amended by Stats. 1984, Ch. 537, Sec. 44.)
  87. 2741.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    A claim of lien filed with the Workmen’s Compensation Appeals Board is fully discharged and satisfied when the allowed lien amount is paid, or when the amount in an approved compromise and release agreement is paid.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2741. Any claim of lien filed with the Workmen’s Compensation Appeals Board under the provisions of Section 4903 of the Labor Code shall be fully discharged and satisfied by payment of the amount of such lien allowed by the said appeals board under the provisions of Section 4904 of said code or the amount specified in any compromise and release agreement filed and approved by the said appeals board pursuant to Sections 5000 through 5004 of said code. (Amended by Stats. 1967, Ch. 1484.)
  88. 2742.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. )

    Verify source ↗

    The director must collect judgments obtained under Section 2739, and collected amounts must be deposited in the fund that paid the overpayment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Overpayments [2735 - 2742] ( Article 5 added by Stats. 1955, Ch. 1153. ) ## 2742. The director shall enforce collection of any judgment obtained by him or her under subdivision (a) or subdivision (b), or both, of Section 2739. Amounts collected under this section shall be deposited in the fund from which the overpayment was made. (Amended by Stats. 1989, Ch. 1010, Sec. 12.)
  89. 2765.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    Trainees’ benefit rights are determined under this article, not inconsistent provisions of the part, for the periods and matters the article specifies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2765. Notwithstanding any inconsistent provisions of this part the benefit rights of trainees shall be determined in accordance with the provisions of this article for the periods and with respect to the matters specified in this article. Except as otherwise provided in this article all other provisions of this part shall continue to be applicable in connection with such benefits. (Added by Stats. 1955, Ch. 1165.)
  90. 2766.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    This section defines “military service” for this article as active service in the U.S. land or naval forces, with a limited exception for certain reserve-component active duty lasting 30 days or less.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2766. “Military service” as used in this article means active service in the land or naval forces of the United States, but the service of an individual in any reserve component of the land or naval forces of the United States who is ordered to active duty in any such force for a period of 30 days or less shall not be deemed active service in that force during that period. (Added by Stats. 1955, Ch. 1165.)
  91. 2767.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    This article defines “trainee” as an individual who entered military service after April 1, 1940 and served for at least 90 consecutive days.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2767. “Trainee” as used in this article means an individual who entered military service after April 1, 1940, and who continued such service for not less than 90 consecutive days. (Amended by Stats. 1967, Ch. 1692.)
  92. 2768.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    A trainee with an unexpired disability benefit year at induction into the armed forces gets the unused balance restored after service, may prove the balance by affidavit if records were properly destroyed, and may file a new claim once the balance is used up.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2768. When any trainee has an unexpired benefit year for disability benefits at the time of induction into the armed forces, the unexpended balance of disability benefits remaining to his account shall be reestablished beginning with the first day of the first week succeeding the date of his termination of service. The balance shall be paid at a weekly rate in accordance with Section 2655. In the event the records relating to the unexpended balance have been destroyed under proper approval, the trainee may establish the unexpended balance by affidavit as provided by authorized regulation. Whenever this balance is exhausted the trainee may file a claim and his disability base period shall be determined in accordance with Sections 2770 and 2610 or Section 2611. All reestablished balances shall lapse 65 weeks after termination of military service. (Amended by Stats. 1969, Ch. 291.)
  93. 2769.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    If a trainee files a valid disability-benefits claim, a disability benefit period is established.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2769. The filing of a valid claim for disability benefits by a trainee shall establish a disability benefit period. (Added by Stats. 1955, Ch. 1165.)
  94. 2770.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    For trainees, the disability base period must exclude quarters in military service for 60 days or more, unless Section 2611(b) applies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2770. Except when subdivision (b) of Section 2611 is applicable, in determining the benefit rights of trainees the disability base period shall exclude those quarters during which the trainee was in military service 60 days or more. For all quarters so excluded there shall be substituted an equal number of quarters immediately preceding the trainee’s entry into military service. In the event the base period so determined includes wages in calendar quarters for which the records have been destroyed under proper approval, the claimant may establish the amount of the wages by affidavit in accordance with authorized regulation. The quarter of entry into military service shall be counted as a completed quarter if the director finds that the inclusion thereof would be more equitable to the trainee. (Amended by Stats. 1985, Ch. 1211, Sec. 6.)
  95. 2771.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    A trainee must not be disqualified after military service ends because of acts or conduct that happened before joining that service.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2771. No disqualification shall be applied to any trainee after the termination of his military service, by reason of any act or course of action on his part prior to the date of his entry into such service. (Added by Stats. 1955, Ch. 1165.)
  96. 2772.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. )

    Verify source ↗

    Eligible trainees may receive state disability compensation, but must repay the state and assign federal disability compensation when they get benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Rights of Trainees [2765 - 2772] ( Article 6 added by Stats. 1955, Ch. 1165. ) ## 2772. Notwithstanding any inconsistent provision of this part, any trainee who was a resident of this state at the time of his entrance into the military service, who is a resident of this state at the time he applies for disability compensation benefits under this section, and who has been disabled in the military service and is eligible to receive disability compensation from the federal government for such disability, shall be eligible, upon his discharge from the military service, to receive disability compensation benefits under Section 2655 from the time he is determined by the federal government to be eligible for disability compensation payments from the federal government until such time as he begins to receive his disability compensation payments from the federal government. Such trainee’s weekly benefit amount shall be the maximum amount specified in Section 2655 or the amount of the disability compensation which he is eligible to receive from the federal government, whichever is smaller. Each trainee receiving any benefits pursuant to this section shall repay to the state the amount received as benefits hereunder. Each trainee, as a condition of receiving benefit hereunder, shall assign to the state the disability compensation which he is eligible to receive from the federal government to the extent that he receives benefits from the state pursuant to this section and shall enter into a contract with the director, in a form prescribed by the director, under which the trainee will be obligated to repay the state over a period of not more than one year following the date he first receives disability compensation from the federal government for his disability. Repayments made by such trainees shall be deposited by the director in the General Fund. (Added by Stats. 1968, Ch. 1449.)
  97. 2775.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. )

    Verify source ↗

    Industrially disabled persons’ benefit rights must be determined under this article for the periods and matters it specifies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. ) ## 2775. Notwithstanding any inconsistent provisions of this part, the benefit rights of industrially disabled persons shall be determined in accordance with the provisions of this article for the period and with respect to the matters specified in this article. Except as otherwise provided in this article, all of the provisions of this part shall continue to be applicable in connection with such benefits. (Added by Stats. 1973, Ch. 1027.)
  98. 2776.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. )

    Verify source ↗

    This section defines “industrially disabled person” and “industrial disability” for this article.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. ) ## 2776. As used in this article: (a) “Industrially disabled person” means an individual who has received or is entitled to receive benefits under Division 4 (commencing with Section 3201) of the Labor Code, and who is unable to perform his regular or customary work for 60 consecutive days or more, but not to exceed two calendar years from the date of commencement of his industrial disability. (b) “Industrial disability” means a disability compensable under Division 4 (commencing with Section 3201) of the Labor Code. (Added by Stats. 1973, Ch. 1027.)
  99. 2777.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. )

    Verify source ↗

    This section changes how an industrially disabled person’s disability base period is calculated by excluding certain quarters, replacing them with earlier quarters, and allowing wage proof by affidavit when records were destroyed.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. ) ## 2777. Except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any industrially disabled person the disability base period shall exclude those quarters during which such person was industrially disabled for 60 days or more. For all quarters so excluded there shall be substituted an equal number of quarters immediately preceding the commencement of his or her industrial disability. In the event the base period so determined includes wages in calendar quarters for which the records have been destroyed under proper approval, a claimant may establish the amount of wages by affidavit in accordance with authorized regulations. The quarter of commencement of an industrial disability shall be counted as a completed quarter if the director finds that the inclusion thereof would be more equitable to the industrially disabled person. (Amended by Stats. 1985, Ch. 1211, Sec. 7.)
  100. 2778.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. )

    Verify source ↗

    A person’s industrial disability cannot be used to disqualify them after that disability ends for conduct that happened before the disability began.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Disability Benefits [2625 - 2778] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 7. Rights of Industrially Disabled Persons [2775 - 2778] ( Article 7 added by Stats. 1973, Ch. 1027. ) ## 2778. No disqualification shall be applied to any industrially disabled person after the termination of his industrial disability, by reason of any act or course of action on his part prior to the date on which his industrial disability commenced. (Added by Stats. 1973, Ch. 1027.)
  101. 2781.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2.4. Nonindustrial Disability Insurance for State Employees [2781 - 2783] ( Chapter 2.4 added by Stats. 1976, Ch. 341. )

    Verify source ↗

    A state employee is eligible for nonindustrial disability benefits on the same terms and conditions as this part provides, subject to the listed chapter-based exceptions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2.4. Nonindustrial Disability Insurance for State Employees [2781 - 2783] ( Chapter 2.4 added by Stats. 1976, Ch. 341. ) ## 2781. Except as provided in this chapter and Chapter 2.5 (commencing with Section 19878) of Part 2.6 of Division 5 of Title 2 of the Government Code, a state employee shall be eligible for nonindustrial disability benefits on the same terms and conditions as are specified by this part. Except as inconsistent with the provisions of this chapter and Chapter 2.6 (commencing with Section 19878) of Part 2.6 of Division 5 of Title 2 of the Government Code, the provisions of this division and authorized regulations shall apply to any matter arising pursuant to this chapter. (Amended by Stats. 2005, Ch. 152, Sec. 26. Effective January 1, 2006.)
  102. 2782.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2.4. Nonindustrial Disability Insurance for State Employees [2781 - 2783] ( Chapter 2.4 added by Stats. 1976, Ch. 341. )

    Verify source ↗

    Several other disability compensation provisions do not apply to this chapter.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2.4. Nonindustrial Disability Insurance for State Employees [2781 - 2783] ( Chapter 2.4 added by Stats. 1976, Ch. 341. ) ## 2782. (a) The provisions of Chapter 4 (commencing with Section 2901), Chapter 5 (commencing with Section 3001), and Chapter 6 (commencing with Section 3251) of Part 2 do not apply to this chapter. (b) The provisions of Article 2 (commencing with Section 2652), Article 6 (commencing with Section 2765) and Article 7 (commencing with Section 2775) of Chapter 2 of Part 2 do not apply to this chapter. (c) Sections 2609, 2610, 2611, 2625, 2712, and 2712.5 do not apply to this chapter. (Amended by Stats. 1980, Ch. 1025, Sec. 18.)
  103. 2783.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2.4. Nonindustrial Disability Insurance for State Employees [2781 - 2783] ( Chapter 2.4 added by Stats. 1976, Ch. 341. )

    Verify source ↗

    This section sets how nonindustrial disability benefits are paid, how the Disability Fund is financed, and what reporting and recordkeeping duties apply.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2.4. Nonindustrial Disability Insurance for State Employees [2781 - 2783] ( Chapter 2.4 added by Stats. 1976, Ch. 341. ) ## 2783. (a) Nonindustrial disability benefits are payable by the Controller upon authorization by the Employment Development Department to individuals who are eligible to receive such benefit payments under this chapter. (b) In lieu of the contributions required of employees, the State of California shall pay into the Disability Fund in the State Treasury at the times and in the manner provided in subdivision (c), an amount equal to the additional cost to the Disability Fund for added administrative work arising out of nonindustrial disability insurance for state employees. (c) In making the payments prescribed by subdivision (b), there shall be paid or credited to the Disability Fund, either in advance or by way of reimbursement, as may be determined by the director, such sums as he estimates the Disability Fund will be entitled to receive from the State of California under this section for each fiscal year, reduced or increased by any sum by which he finds that his estimates for any prior fiscal year were greater or less than the amounts which should have been paid to the fund. Such estimates may be made upon the basis of statistical sampling, or other method as may be determined by the director. Upon making such determination, the director shall certify to the Controller the amount determined with respect to the State of California. The Controller shall pay to the Disability Fund the contributions due from the State of California. (d) The director may require from each state agency such employment, wage, financial, statistical, or other information and reports, properly verified, as may be deemed necessary by the director to carry out his duties under this chapter, which shall be filed with the director at the time and in the manner prescribed by him. (e) The director may tabulate and publish information obtained pursuant to this chapter in statistical form and may divulge the name of the employing unit. (f) Each state agency shall keep such work records as may be prescribed by the director for the proper administration of this chapter. (Added by Stats. 1976, Ch. 341.)
  104. 2901.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions [2901 - 2903] ( Chapter 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Individuals working for an employer in employment must make the Disability Fund contributions required by Sections 984 and 985.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions [2901 - 2903] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## 2901. Each individual performing services for an employer in employment shall contribute to the Disability Fund the contributions required of such individual by Sections 984 and 985. (Amended by Stats. 1961, Ch. 2154.)
  105. 2902.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions [2901 - 2903] ( Chapter 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain individuals who rely on prayer for healing and file the required statement are exempt from contributions on covered wages.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions [2901 - 2903] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## 2902. Notwithstanding any other provision of this division, any individual who adheres to the faith or teaching of any bona fide religious sect, denomination, or organization, and in accordance with its creed, tenets, or principles, depends for healing upon prayer in the practice of religion, upon filing with the department and with each of his employers a statement declaring such adherence and dependence and disclaiming any benefits under this part, shall be exempt from contributions under this division in respect to any wages paid to him by any such employer in the calendar quarter in which such statement is filed, in all subsequent calendar quarters while such statement is in effect, and, if the individual so elects, in any prior calendar quarter for which wages are reported to the department on or after the date such statement is filed. Such individual shall be ineligible to receive benefits under this part based upon such wages. (Amended by Stats. 1977, Ch. 1252.)
  106. 2903.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions [2901 - 2903] ( Chapter 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The timing, procedure, manner of payment, and collection of contributions under this part must follow Part 1 of the division.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions [2901 - 2903] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## 2903. The time, procedure, manner of payment and collection of contributions under this part shall be in accordance with the provisions of Part 1 of this division. (Enacted by Stats. 1953, Ch. 308.)
  107. 3.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Proceedings started before this code takes effect, and accrued rights, are not affected; procedures taken should conform to this code as far as possible.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 3. Any action or proceeding commenced before this code takes effect, or any right accrued, is not affected by this code, but all procedure taken shall conform to the provisions of this code as far as possible. (Enacted by Stats. 1953, Ch. 308.)
  108. 3001.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    The Disability Fund stays in the State Treasury, is held in trust by the State Treasurer, and is administered under the director’s direction for this part.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3001. (a) The Unemployment Compensation Disability Fund is continued in existence as a special fund in the State Treasury, separate and apart from all other public money or funds of this state. The moneys and assets of this fund shall be held in trust by the State Treasurer and administered under the direction of the director exclusively, for the purpose of this part. (b) Notwithstanding any other law, the Controller may use the moneys in the Unemployment Compensation Disability Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the Unemployment Compensation Disability Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Unemployment Compensation Disability Fund was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 22. Effective February 20, 2009.)
  109. 3002.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    The State Treasurer manages the Disability Fund, holds its money, may elect the Surplus Money Investment Fund treatment for surplus money, and must move money between the funds when an election or revocation takes effect.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3002. The State Treasurer is the treasurer of the Disability Fund and shall have the custody of all money belonging to the Disability Fund and not otherwise held, deposited or invested under this part. The official bond of the State Treasurer shall cover the faithful performance of his or her duties as treasurer of the Disability Fund. The State Treasurer shall invest or otherwise deal with the Disability Fund under the supervision of the director. The State Treasurer may, pursuant to Section 16470 of the Government Code, file with the Pooled Money Investment Board a notice of election that investment of surplus money in the Disability Fund shall come under the provisions of the Surplus Money Investment Fund, and may revoke such election pursuant to Section 16470 of the Government Code. As of the effective date of any election with respect to the Disability Fund filed pursuant to Section 16470 of the Government Code, the State Treasurer shall transfer the surplus money in the Disability Fund to the Surplus Money Investment Fund, and may transfer all or any portion of the investments held by the Disability Fund at the date of such election, from the Disability Fund to the Surplus Money Investment Fund. As of the effective date of the revocation of any such election, the State Treasurer shall transfer from the Surplus Money Investment Fund to the Disability Fund the surplus money and earnings attributable to the Disability Fund. (Amended by Stats. 1980, Ch. 1025, Sec. 19.)
  110. 3003.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    Surplus money in the Disability Fund may be invested only in listed securities, and any interest or earnings must be deposited back into the Disability Fund, except during a qualifying election period under Government Code Section 16470.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3003. (a) Except as provided in subdivision (c), all surplus money in the Disability Fund may be invested solely in securities set forth in subdivision (b) of this section, and all interest or earnings therefrom shall be deposited in the Disability Fund. (b) Eligible securities for the investment of surplus money shall be: (1) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (2) Bonds of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest. (3) Bonds of any county, city, metropolitan water district, municipal utility district, or school district of this state. (4) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act. (5) Debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933. (6) Bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act. (7) Bonds of any federal home loan bank established under the Federal Home Loan Bank Act. (8) Stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act. (9) Bonds, notes, and other obligations issued by the Tennessee Valley Authority under the Tennessee Valley Authority Act. (c) This section shall not apply during the period of any election under Section 16470 of the Government Code for investment of surplus money in the Disability Fund under the provisions of the Surplus Money Investment Fund. (Amended by Stats. 1980, Ch. 1025, Sec. 20.)
  111. 3004.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    This section says what the Disability Fund includes.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3004. The Disability Fund consists of all contributions required of individuals under Section 984 with respect to wages paid by employers for employment; all money received for the purpose of disability benefits from the United States of America or any agency thereof, or from any other source; and any property or securities acquired through the use of money belonging to the Disability Fund and all earnings of such money or securities. (Amended by Stats. 1959, Ch. 1729.)
  112. 3005.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    Federal grant money for disability benefits must go into the Disability Fund, and money made available under Title 3 of the Social Security Act cannot be used for disability benefits or administration unless the Federal Government approves.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3005. All money received from the Federal Government for disability benefit purposes or for the administration of this part shall be deposited in the Disability Fund in accordance with the terms of the federal grant. Unless the Federal Government approves, no money made available to this State under Title 3 of the Social Security Act shall be used for disability benefits or for the administration of this part. (Added by Stats. 1953, Ch. 309.)
  113. 3006.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    No further money may be transferred from the Unemployment Trust Fund to the Disability Fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3006. There shall be no further transfer of money from the Unemployment Trust Fund to the Disability Fund. (Amended by Stats. 1978, Ch. 397.)
  114. 3008.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    Money collected under Section 984 must be deposited into the Disability Fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3008. All money collected under Section 984 shall be deposited in the Disability Fund. (Amended by Stats. 1980, Ch. 1025, Sec. 21.)
  115. 3009.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    Certain refunds, credits, judgments, and related interest for erroneously collected contributions may be paid from the Disability Fund, but only on warrants issued by the Controller under the director’s direction.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3009. Refunds, credits, or judgments, and interest thereon, payable for contributions erroneously collected under Sections 984 and 985 may be paid from the Disability Fund on warrants issued by the Controller under the direction of the director. (Amended by Stats. 1980, Ch. 1025, Sec. 22.)
  116. 301.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section creates the Employment Development Department in the Labor and Workforce Development Agency and states that it is administered by the Director of Employment Development.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 301. There is in the Labor and Workforce Development Agency the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the State Department of Benefit Payments or the California Health and Human Services Agency with respect to job creation activities. The Employment Development Department shall be administered by an executive officer known as the Director of Employment Development who is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the Director of Benefit Payments with respect to the following functions: (a) Job creation activities. (b) Making manual computations and making or denying recomputations of the amount and duration of benefits. (c) Determination of contribution rates and the administration and collection of contributions, penalties and interest, including but not limited to filing and releasing liens. (d) Establishment, administration, and transfer of reserve accounts. (e) Making assessments and the administration of credits and refunds. (f) Approving elections for coverage or for financing unemployment and disability insurance coverage. (Amended by Stats. 2002, Ch. 859, Sec. 13. Effective January 1, 2003.)
  117. 301.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Employment Development Department has possession and control of certain property held for the benefit or use of the State Department of Benefit Payments.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 301.6. The Employment Development Department shall have the possession and control of all records, papers, offices, equipment, supplies, moneys, appropriations, land, and other property real or personal held for the benefit or use of the State Department of Benefit Payments in the performance of the duties, powers, purposes, responsibilities, and jurisdiction that are vested in the Employment Development Department by Section 301. (Amended by Stats. 1977, Ch. 1252.)
  118. 301.7.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Certain eligible officers and employees must be transferred to the Employment Development Department, and their status, positions, and rights must be retained.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 301.7. All officers and employees of the State Department of Benefit Payments who, on the operative date of the statute amending this section at the 1977 portion of the 1977–78 Regular Session of the Legislature, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the Employment Development Department by Section 301 shall be transferred to the Employment Development Department. The status, positions, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the Employment Development Department pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Amended by Stats. 1977, Ch. 1252.)
  119. 3010.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    Unclaimed refund amounts determined payable by the director or authorized representatives must be moved into the Disability Fund revenue account after three years, and the employer or person entitled to the payment can no longer bring a claim, action, or proceeding for those amounts.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3010. Any amounts determined by the director or his authorized representatives to be payable to employing units or workers as refunds of amounts deposited in the various accounts of the Disability Fund which are unclaimed at the end of three years from such determination, shall be included in the revenue to the account in the Disability Fund in which they were deposited. The employing unit or person entitled to such payment shall not thereafter maintain any claim, action or proceeding with respect to such amounts. (Amended by Stats. 1977, Ch. 1252.)
  120. 3011.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    If a warrant from the Disability Fund is left unclaimed for one year, the amount must revert to the same Disability Fund account.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3011. Whenever any warrant is drawn on an account in the Disability Fund by the Controller, and the same remains unclaimed after one year, the amount thereof shall revert to that account in the Disability Fund from which the amount was payable. (Amended by Stats. 2011, Ch. 296, Sec. 298. (AB 1023) Effective January 1, 2012.)
  121. 3012.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    Money in the Disability Fund is continuously appropriated for disability-benefit purposes, and the director must maintain the Unemployed Disabled Account.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3012. (a) Notwithstanding Section 13340 of the Government Code, all money in the Disability Fund is continuously appropriated for the purpose of providing disability benefits pursuant to this part, including the payment of refunds, credits, or judgments, and interest thereon, the payment of disability benefits to all eligible persons not covered exclusively by an approved voluntary plan, and the payment of the expenses of administration of this part and Section 17061 of the Revenue and Taxation Code by the department and the Franchise Tax Board. “Eligible persons” as used in this section, means those individuals who are covered by the Disability Fund at the time his or her disability benefit period commences, or whose employment has terminated or who is in noncovered employment at the time his or her disability benefit period commences, and who is otherwise eligible for benefits under this part. (b) For the purpose of keeping a record of the payments to and the disbursements from the Disability Fund with respect to the payment of benefits to persons whose employment has terminated or who are in noncovered employment at the time his or her disability period commences, the director shall maintain the Unemployed Disabled Account in the Disability Fund. This account shall be credited with 12 percent of the product obtained by multiplying the rate of worker contributions as determined in Section 984, by the amount of the taxable wages paid to employees covered by voluntary plans for disability benefits for each calendar year. This account shall also be credited with an amount equal to 12 percent of the product obtained by multiplying the rate of worker contributions, as determined in Section 984, by the amount of the taxable wages paid to employees covered by the Disability Fund for each calendar year. This account shall be charged each calendar year with disbursements from the Disability Fund for the payment of benefits and the additional administrative costs of the payment of benefits to persons whose employment has terminated or who are in noncovered employment at the time his or her disability benefit period commences. (Amended by Stats. 2003, Ch. 797, Sec. 16. Effective January 1, 2004.)
  122. 3013.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    A sum from the disability fund may be used for administrative expenses, but only when federal money is not available for those expenses.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3013. A sum to be determined by the Director of Finance, of amounts deposited in the disability fund, may be used for the necessary expenses of administration of this part and Sections 17061 and 17061.5 of the Revenue and Taxation Code in addition to any other fund or money available for such purpose. Such sum shall be available to the department for the payment of the expenses of administration of this part and Sections 17061 and 17061.5 of the Revenue and Taxation Code by the department and the Franchise Tax Board only to the extent that money received from the United States or any of its agencies is not available for such purposes. (Amended by Stats. 1979, Ch. 1055.)
  123. 3014.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    The director’s withdrawals from the Disability Fund for refunds, credits, judgments, or disability benefits are exempt from Government Code Section 925.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3014. Withdrawals by the director from the Disability Fund for the payment of refunds, credits, or judgments, and disability benefits are exempted from the operation of Section 925.6 of the Government Code. (Amended by Stats. 1977, Ch. 1252.)
  124. 3015.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. )

    Verify source ↗

    The department has priority to occupy space in Disability Fund-financed buildings and facilities, and the rent may not exceed the cost of maintenance and other services.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Disability Fund [3001 - 3015] ( Article 1 added by Stats. 1953, Ch. 309. ) ## 3015. The department shall have priority to occupy any space in the buildings and facilities financed by the Disability Fund, which comprise any space in the department’s central office building and related parking facilities in Sacramento and the department’s branch office in Los Angeles, at rental rates not exceeding the cost of providing maintenance and other services. (Added by Stats. 1980, Ch. 1025, Sec. 23.)
  125. 302.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Governor appoints the Director of Employment Development, with Senate approval.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 302. The Director of Employment Development shall be appointed by the Governor, subject to the approval of the Senate, and shall serve as director at the pleasure of the Governor. The annual salary of the Director of Employment Development shall be as provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1973, Ch. 1212, Sec. 84.)
  126. 303.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    There must be five deputy directors in the Employment Development Department, appointed by the Governor with Senate approval.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 303. There shall be five deputy directors in the Employment Development Department who shall be appointed by the Governor subject to the approval of the Senate and shall hold office at the pleasure of the Governor. The salary of the deputy directors shall be fixed in accordance with law. (Amended by Stats. 1977, Ch. 1252.)
  127. 304.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    In this article, any reference to this division also includes all other divisions of the code.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 304. Whenever a reference to this division is made in this article it shall also include all other divisions of this code. (Amended by Stats. 1970, Ch. 1000.)
  128. 305.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development may adopt, amend, or repeal regulations for administering the Employment Development Department’s functions under this code.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 305. Regulations for the administration of the functions of the Employment Development Department under this code shall be adopted, amended, or repealed by the Director of Employment Development as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2002, Ch. 29, Sec. 1. Effective January 1, 2003.)
  129. 305.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Existing regulations continue to apply and can be enforced until the Director of Employment Development readopts, amends, or repeals them.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 305.5. All regulations heretofore adopted by the Director of the Department of Human Resources Development shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Employment Development. (Added by Stats. 1973, Ch. 1207.)
  130. 305.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Earlier regulations stay in force and enforceable unless the Director of Employment Development readopts, amends, or repeals them.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 305.6. All regulations heretofore adopted by the Director of Benefit Payments pursuant to this code and in effect immediately preceding the operative date of the amendment of this section enacted by the Legislature during the 1977–78 Regular Session, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Employment Development. (Amended by Stats. 1978, Ch. 429.)
  131. 3051.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Disability Administration Account [3051- 3051.] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may withdraw money from the Disability Administration Account for certain cash payments, but the withdrawals cannot exceed 3% of the fund’s total disbursements from the immediately preceding fiscal year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Disability Administration Account [3051- 3051.] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 3051. There is a Disability Administration Account within the Disability Fund. The director may, without at the time furnishing vouchers and itemized statements, withdraw from this account sums not to exceed in the aggregate an amount equal to three percent of the total disbursements made from the fund during the immediately preceding fiscal year to be used as a revolving fund where payment of compensation earned, traveling expense advances, or other cash payments are necessary. At the close of each fiscal year or at any other time, upon the demand of the Department of Finance, the money so drawn shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the Controller. (Amended by Stats. 1980, Ch. 1025, Sec. 24.)
  132. 306.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development may adopt, amend, or repeal regulations needed to carry out his functions under the code.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 306. The Director of Employment Development may adopt, amend, or repeal such regulations as are reasonably necessary to enforce his functions under this code. (Amended by Stats. 1973, Ch. 1212, Sec. 93.)
  133. 307.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must provide requested public materials and related subscription updates, charge fees for copying and postage, and give each state legislator one free copy on request.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 307. The department shall provide, upon the request of any person or entity, any or all of the department’s rules, regulations, guidelines, bulletins, manuals, standards of general application, or the departmental responsibilities under any state or federal law, along with any subscription service necessary to assure prompt receipt of additional amendments to any of the above materials. The department shall charge a fee to cover (1) the costs of reproducing the materials and (2) postage associated with a subscription service; however, one free copy of the materials shall be provided to each state legislator, upon request. Any documents properly classified as confidential shall be exempt from the requirements of this section. (Added by Stats. 1984, Ch. 268, Sec. 31.7. Effective June 30, 1984.)
  134. 3075.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disability Benefit Payment Account [3075- 3075.] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may withdraw needed Disability Fund money for disability benefits and place it in a disability benefit payment account, with Finance Department approval of the deposit conditions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Financial Provisions [3001 - 3075] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Disability Benefit Payment Account [3075- 3075.] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 3075. The director shall, without presenting vouchers and itemized statements, withdraw from the Disability Fund any sums that he or she deems necessary for the payment of disability benefits for a reasonable future period. The Controller shall draw his or her warrant for any claim presented by the director for the payment and the Treasurer shall pay the warrant. Upon the withdrawal thereof, those sums shall be deposited in a disability benefit payment account in such bank or public depositary and under those conditions as the director determines, with the approval of the Department of Finance. The bank or public depositary shall be one in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of that account. Money in this account shall be used solely to pay disability benefits by the department pursuant to authorized regulations and no other disbursement shall be made from that account, except that amounts erroneously and illegally deposited in that account may be refunded. The procedure prescribed by those regulations shall satisfy and be in lieu of any and all statutory requirements of specific appropriation or other form of release by state officers of money in their custody prior to expenditure that might otherwise be applicable to withdrawals from that account. (Amended by Stats. 2010, Ch. 378, Sec. 2. (AB 2188) Effective September 27, 2010.)
  135. 310.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development or the Department of Employment Development may set how much a rule, regulation, or interpretation is applied without retroactive effect.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 310. The Director of Employment Development or the Department of Employment Development may prescribe the extent, if any, to which any rule, regulation or interpretation issued or promulgated in accordance with the provisions of this code shall be applied without retroactive effect. (Amended by Stats. 1973, Ch. 1212, Sec. 102.)
  136. 311.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development must appoint necessary assistants, except appeals division personnel, and may delegate department powers and duties under stated conditions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 311. The Director of Employment Development shall appoint such assistants except personnel of the appeals division as he finds necessary for the administration of this division, subject to the provisions of the Government Code, and may delegate to any of the officers or employees of the department such powers and duties as he considers necessary for the proper administration of this division. The Director of Employment Development and his authorized representatives in the enforcement of the division shall have all the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2, Part 1, Division 3, Title 2 of the Government Code. For the purpose of any investigation, hearing, or proceeding under this division, the Director of Employment Development may delegate his power in relation thereto to any deputy, or other person properly authorized in writing by him. (Amended by Stats. 1973, Ch. 1212, Sec. 105.)
  137. 315.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section says the department’s appeals division includes the appeals board, its clerical staff and assistants, and the administrative law judges, their supervisors, and clerical staff and assistants.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 315. The appeals division within the department includes the appeals board and its clerical staff and assistants and the administrative law judges and their supervisors and clerical staff and assistants. (Amended by Stats. 1984, Ch. 537, Sec. 1.)
  138. 316.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section requires the department to provide and translate unemployment insurance language services, maintain multilingual access infrastructure, and report on progress and data.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 316. (a) For purposes of this section, the following definitions shall apply: (1) “Additional languages” means the top 8 to 15 non-English and nonprimary languages used by limited English proficient adults in California according to the most recent American Community Survey by the United States Census Bureau. (A) Whether referring to written or spoken languages, the eight additional languages in 2021 are Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer (Cambodian), and Thai. (B) The department shall thereafter review, evaluate, and update the list of additional languages at least every three years. In determining how many languages to include in the definition of “additional languages,” the department may consider various data sources, including, but not limited to, the United States Census Bureau, including the American Community Survey, other state and local government agencies, feedback from community-based organizations, and the department’s own data tracking measures. (2) “Limited English proficient” means individuals who do not speak English as their primary language and who have a limited ability to read, write, understand, or speak English. (3) “Linguistic variant” means a distinct form of a language used by people from a specific country or region. (4) “Multilingual access portal” means the section of the department’s website that synthesizes critical website content and features all translated vital unemployment insurance documents. (5) “Primary languages” means the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. (A) When referring to written languages, the top seven languages are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian. (B) When referring to spoken languages, the top seven languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian. (6) “Vital information” means information, whether written, oral, or electronic, that is necessary for an individual to understand how to obtain any aid, benefit, service, or training or is required by law. (b) There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the primary languages. (c) Commencing no later than June 1, 2022, each application for unemployment insurance shall contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individual’s claims record. (d) Commencing no later than January 1, 2022, the department shall provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. (1) If the department staff cannot obtain interpretation in the individual’s language and linguistic variant in real time after good faith efforts to acquire language services, the department shall provide the individual with a return telephone or relay call in the individual’s language within a reasonable timeframe. (2) Upon the individual’s request, a qualified interpreter shall read the department’s documents and notices aloud in the individual’s preferred language within a reasonable timeframe. (e) (1) Commencing no later than December 1, 2022, the department shall do all of the following: (A) Provide dedicated phone lines for unemployment insurance claims in the primary languages in an effort to provide consistent wait times across all phone lines and collect and review data on phone usage by limited English proficient individuals. (B) Translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages. (C) If the individual’s language is not among the primary or additional languages, then upon the individual’s request, provide the individual with translation or oral or signed interpretation of documents in their preferred language. (2) All vital documents described in this subdivision shall be available on the department website. (f) The department shall translate the UI Online interface in the primary languages. The department shall make the translated UI Online interface available upon completion of the translation of each primary language, ending no later than April 1, 2024. (g) The department shall establish and host a primary language multilingual access portal for unemployment insurance. The department shall make the content available upon completion of the translation of each primary language, ending no later than February 1, 2024. (h) Before the completion of the multilingual access portal described in subdivision (g), the department shall display both of the following on its internet website organized and translated by language: (1) Available translated notices and other vital documents. (2) The appropriate department phone number or phone numbers for individuals to contact when seeking multilingual unemployment insurance services in their preferred written or spoken language. (i) Commencing no later than March 1, 2022, the department shall do all of the following: (1) Engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, including, but not limited to, all of the following activities: (A) Conduct targeted outreach to limited English proficient communities to solicit advice on policies and practices affecting individuals who are eligible for the department’s services and benefits. (B) Market and promote its programs and services in the primary languages to the general public and limited English proficient communities. (C) Establish a grant program lasting at least two years to provide funding for community-based organizations to provide outreach and education to limited English proficient communities. (2) Employ a multilingual access coordinator and multilingual access unit to coordinate the department’s multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services. (j) The department shall engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services. The department shall annually report this data to the legislative budget committees. (k) The provision of unemployment insurance language services shall not cause an undue delay in receipt of services or benefits. If the department’s provision of language services unduly delays an individual’s receipt of services or benefits, the individual’s time to meet the department’s deadlines shall be extended for the period of time necessary to receive the language services. (l) No later than July 1, 2022, the department shall report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs. (m) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 78, Sec. 6. (AB 138) Effective July 16, 2021.)
  139. 317.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development must maintain a field investigating staff.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 317. The Director of Employment Development shall maintain a field investigating staff, whose function shall embrace investigation throughout the state of violations of this code, to the end that its provisions are more adequately and strictly enforced. (Amended by Stats. 1973, Ch. 1212, Sec. 119.)
  140. 318.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development must follow applicable Government Code rules on contracts, budgets, and other fiscal matters, including Sections 13320 to 13324, unless they conflict with the Social Security Act or the Secretary of Labor’s rules.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 318. The Director of Employment Development shall comply with all applicable provisions of the Government Code relating to contracts, budgets and other fiscal matters, including Sections 13320 to 13324, inclusive, of that code, in the same manner and to the same extent as other state agencies, insofar as such provisions are not inconsistent with the provisions of the Social Security Act and the rules and regulations of the Secretary of Labor. (Amended by Stats. 1973, Ch. 1212, Sec. 121.)
  141. 320.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development must file reports in the form and with the information the Secretary of Labor requires, and must follow provisions the Secretary finds necessary to verify those reports.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 320. The Director of Employment Development shall make such reports in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the secretary may from time to time find necessary to assure the correctness and verification of such reports. (Amended by Stats. 1973, Ch. 1212, Sec. 124.)
  142. 320.3.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director must periodically review unemployment insurance policies and practices and report the first review’s results to the Legislature by July 1, 2015.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 320.3. (a) The director shall periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program to identify those policies and practices that do all of the following: (1) Result in delayed eligibility determinations or benefit payments. (2) Increase workload for the department. (3) Provide little or no value in identifying or preventing fraud or abuse in the unemployment insurance program. (b) The director shall report to the Legislature the results of the first review on or before July 1, 2015, and may submit subsequent reports thereafter. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2014, Ch. 377, Sec. 2. (AB 1556) Effective January 1, 2015.)
  143. 320.4.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must carry out a series of reporting, planning, dashboard, automation, identity-verification, customer-service, fraud-prevention, and account-review tasks, but only upon appropriation by the Legislature.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 320.4. (a) For the purposes of this part, upon appropriation by the Legislature, the department shall do all of the following: (1) (A) Report at least once every six months on its internet website all of the following information: (i) The amount for which it has issued overpayment notices. (ii) The amount of overpayments waived. (iii) The amount repaid related to those overpayment notices. (B) The reports shall encompass benefit payments made by the department from March 1, 2020, until January 12, 2021. (C) The department shall publish the information required under this paragraph until the repayment period for all the notices has elapsed. (2) (A) Immediately perform a risk assessment of its deferred workloads, including deferred eligibility determinations and retroactive certifications. (B) The department’s risk assessment performed under subparagraph (A) shall take into account the relative likelihood that it issued payments to ineligible claimants by considering historic overpayment trends, as well as the new or altered eligibility requirements the federal government adopted in response to the COVID-19 pandemic. If necessary, the department shall either partner with another state agency or contract for assistance in performing the analysis in support of this assessment. (3) (A) Develop a workload plan that prioritizes its deferred workloads based on the risk assessment performed pursuant to paragraph (2) and determine the staffing and information technology resources needed to accomplish the work within expected timeframes. (B) Hire and train staff as necessary in order to carry out the workload plan. Using the workload plan, the department shall process the deferred work in alignment with all of the following: (i) The need to pay timely benefits to new or continued claimants. (ii) Federal expectations about the urgency of the deferred work. (iii) Any deadlines by which the department may no longer be allowed to recoup inappropriately paid benefits. (4) Immediately begin modeling workload projections that account for possible scenarios that would cause a spike in unemployment insurance claims. The department shall plan its staffing around the likelihood of those scenarios, including having a contingency plan for less likely scenarios that would have a significant impact on its workload. (5) By March 1, 2022, revise its public dashboards with regard to the number of backlogged claims in order to clearly describe the difference between those waiting for payment and those that are not, and to clearly indicate the number of claims that have waited longer than 21 days for payment because the department has not yet resolved pending work on the claim. (6) By June 1, 2022, determine how many of its temporary automation measures for claims processing it can retain and by September 1, 2022, make those a permanent feature of its claims processing. (7) By June 1, 2022, determine the reasons that claimants cannot successfully complete their identity verification through secure identity verification networked, including ID.me, and work with department vendors to resolve identified problems. The department shall thereafter regularly monitor the rate of successful identity verifications to ensure that it consistently minimizes unnecessary staff intervention. (8) By June 1, 2022, identify the elements of the department’s Benefit Systems Modernization process that can assist the department in making timely payments and that it can implement incrementally. The department shall then prioritize implementing the elements most likely to benefit Californians. (9) Implement a formal policy per the recession plan, by May 1, 2022, that establishes a process for tracking and periodically analyzing the reasons why unemployment insurance claimants call for assistance. (10) (A) By May 1, 2022, implement a policy for tracking and monitoring its rate of first-call resolution. The department shall review first-call resolution data at least monthly to evaluate whether it is providing effective assistance to callers. (B) To maximize the number of calls that department staff are able to answer, as soon as possible, the department shall add prerecorded message functionality to its phone system to advise claimants of their rights and responsibilities after they file their claim with an agent. (C) To provide a more convenient customer service experience, as soon as possible, the department shall implement features of its phone system that allow callers to request a callback from an agent instead of waiting on hold for assistance. (11) To prepare to respond to victims of identity theft who receive incorrect tax forms, the department shall, by February 15, 2022, provide information on its internet website and set up a separate email box for those individuals to contact the department and receive prompt resolution. (12) (A) To the extent consistent with federal law, the department shall immediately obtain from any federally chartered financial institution or other financial institution used by the department to make benefit payments a comprehensive list of claimants’ accounts that are frozen. The department shall immediately thereafter evaluate the list, including considering using ID.me to verify claimants’ identities, to identify accounts that should be unfrozen. By March 1, 2022, the department shall direct the institution to take action to freeze or unfreeze accounts as appropriate to ensure that it provides legitimate claimants with benefits but does not pay benefits related to fraudulent claims. (B) To ensure that the department reviews each account that an institution reports to it as suspicious or potentially fraudulent, by February 2022, the department shall establish a centralized tracking tool that allows it to review and stop payment on claims, as appropriate. The department shall use this tool to monitor its own internal decisions and track whether the claimant responds to its requests for identity information and should, therefore, have their account unfrozen. (b) Upon appropriation by the Legislature, by March 1, 2022, the department shall designate a unit as responsible for coordinating all fraud prevention and detection. The department shall assign that unit sufficient authority to carry out its responsibilities and align the unit’s duties with the Government Operations Agency’s framework for fraud prevention. (Added by Stats. 2021, Ch. 510, Sec. 2. (AB 56) Effective January 1, 2022.)
  144. 320.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director may issue regulations telling certain employers what information must be reported to the department.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 320.5. The director may by authorized regulations prescribe the information required to be reported to the department by employing units under this division and employers subject to withholding tax under Division 6 (commencing with Section 13000) in order to make reports required by the Secretary of Labor, to provide information necessary to administer this code, to estimate unemployment rates or to make other estimates required for the purpose of dispensing or withholding money payments under the Welfare Reform Act of 1971, the Employment Security Amendments of 1970, the Emergency Unemployment Compensation Act of 1971, or the Workforce Investment Act of 1998, and to make any other reports or estimates that may be required by any other state or federal law. The authorized regulations of the director may include requirements for the reporting of employment, unemployment, hours, wages, earnings, the location and nature of the industrial, business, or other activity of each establishment for the conduct of business, performance of services, or industrial operations, and such other requirements as are necessary to comply with this section. (Amended by Stats. 2002, Ch. 29, Sec. 2. Effective January 1, 2003.)
  145. 321.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development must, on request, provide certain unemployment-compensation recipient information to qualifying U.S. government agencies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 321. The Director of Employment Development shall make available, upon request, to any agency of the United States government charged with the administration of public works or assistance through public employment, the following information relating to recipients of unemployment compensation: (a) The recipient’s name. (b) The recipient’s address. (c) The ordinary occupation and employment status of each such recipient of unemployment benefits. (d) A statement of such recipient’s rights to further compensation under this division. (Amended by Stats. 1973, Ch. 1212, Sec. 127.)
  146. 321.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development must verify that a claimant is not currently incarcerated, and the Employment Development Department must complete system upgrades to support electronic monitoring of inmate data by September 1, 2023.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 321.5. (a) For purposes of preventing payments on fraudulent claims for unemployment compensation benefits, the Director of Employment Development shall verify, with the information provided by the Department of Corrections and Rehabilitation pursuant to Section 11105.9 of the Penal Code, that the claimant is not an inmate currently incarcerated in the state prisons. (b) The Employment Development Department shall complete necessary system programming or automation upgrades to allow electronic monitoring of Department of Corrections and Rehabilitation inmate data to prevent payment on fraudulent claims for unemployment compensation benefits at the earliest possible date, but not later than September 1, 2023. (Added by Stats. 2021, Ch. 511, Sec. 2. (AB 110) Effective October 5, 2021.)
  147. 322.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may share information with certain government departments and agencies for unemployment or disability insurance administration and related purposes.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 322. The department may exchange information with federal, state, or local governmental departments and agencies that are concerned with the administration of unemployment or disability insurance, or the collection of taxes that may be used to finance the administration of unemployment or disability insurance, or the relief of unemployed or destitute individuals, or legislation concerning, regulating, or in any manner affecting the obligations arising out of an employer-employee relation, and with other federal, state, or local departments or agencies of government as the department deems necessary or desirable for the proper administration of this division in accordance with authorized regulations. (Amended by Stats. 2022, Ch. 67, Sec. 19. (SB 191) Effective June 30, 2022.)
  148. 323.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Employment Development may apply for an advance from the Unemployment Fund and may accept responsibility for repaying it, subject to the conditions in Title XII of the Social Security Act.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 323. The Director of Employment Development may apply for an advance to the Unemployment Fund and accept the responsibility for the repayment of such advance in accordance with the conditions specified in Title XII of the Social Security Act, as amended, to secure to this state and its citizens the advantages available under the provisions of that title. (Amended by Stats. 1973, Ch. 1212, Sec. 133.)
  149. 324.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Administrative expenses for this division must be paid from the Unemployment Administration Fund, unless another rule in the division provides otherwise.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 324. The expense of the administration of this division shall be paid out of the Unemployment Administration Fund, unless otherwise provided for in this division. (Enacted by Stats. 1953, Ch. 308.)
  150. 325.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may study unemployment-related issues, make recommendations, and publish investigation and research results.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 325. (a) The department may study and make recommendations as to action which might tend to: (1) Promote the prevention of unemployment and the stabilization of employment. (2) Encourage and assist in the adoption of practical methods of vocational training, retraining and guidance. (3) Promote the establishment and operation by governmental units and agencies of reserves for public work to be prosecuted in time of business depression and unemployment. (4) Promote the reemployment of unemployed workers throughout the state in any way that may seem feasible. (5) Reduce and prevent unemployment. (6) Establish the most effective methods of providing economic security through all forms of social insurance. (b) To accomplish the ends set forth in subdivision (a) of this section, the department may carry on and publish the results of investigations and research studies. (Amended by Stats. 1979, Ch. 373.)
  151. 325.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must work with veterans’ organizations and veteran service providers to research veterans’ needs, plan the distribution of employment funds, and seek federal funding.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 325.5. The department, in consultation and coordination with veterans’ organizations and veteran service providers, shall do all of the following: (a) Research the needs of veterans throughout the state and develop a profile of veterans’ employment and training needs. (b) Develop a statewide plan for the equitable distribution of employment funds for veterans’ employment services. (c) Seek federal funding for purposes of subdivision (a). (Added by Stats. 1990, Ch. 928, Sec. 1.)
  152. 325.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    If state funds support the Veterans Employment Training services program in a fiscal year, the Employment Development Department must send the Legislature an annual report by November 1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 325.6. (a) It is the intent of the Legislature that state supported Veterans Employment Training services meet the same performance standards as those required by the federal Workforce Investment Act for services provided to veterans. (b) Following any fiscal year in which state funds support the Veterans Employment Training services program, the Employment Development Department shall provide an annual report to the Legislature, on or before November 1, regarding the following performance measures: (1) The number of veterans receiving individualized, case managed services. (2) The number of veterans who receive individualized, case managed services entering employment. (3) The retention rate for veterans who enter employment. (4) The average earnings for veterans entering employment. (Added by Stats. 2006, Ch. 69, Sec. 33. Effective July 12, 2006.)
  153. 3251.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employer, a majority of the employees, or both may apply to the Director of Employment Development to approve a voluntary disability-benefits plan. Any wage-loss benefits under the plan must be labeled separately as “unemployment compensation disability benefits.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3251. An employer, a majority of the employees employed in this state of an employer, or both, may apply to the Director of Employment Development for approval of a voluntary plan for the payment of disability benefits to the employees so electing. The benefits payable as indemnification for loss of wages under any voluntary plan shall be separately stated and designated in the plan “unemployment compensation disability benefits” separate and distinct from other benefits, if any. (Amended by Stats. 1973, Ch. 1212, Sec. 268.)
  154. 3252.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Voluntary plans must pay a 14% amount to the Disability Fund, file a return with the director, and meet quarterly payment deadlines.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3252. (a) Except as provided by subdivision (b) of this section, neither an employee nor his or her employer shall be liable for the worker contributions required under this division with respect to wages paid by the employer while the employee is covered by an approved voluntary plan. (b) Each voluntary plan shall pay to the department for the Disability Fund 14 percent of the product obtained by multiplying the rate of worker contributions, as determined in Section 984, by the amount of the taxable wages paid to employees covered by the voluntary plan for disability benefit coverage for each calendar year. Such payments shall not constitute a part of the voluntary plan premium for purposes of any tax under any provision of law. Payments under this section shall be deposited in the Disability Fund. (c) The payments made under subdivision (b) of this section in excess of the credit to the unemployed disabled account made pursuant to Section 3012 shall reimburse the Disability Fund for the amounts paid for administrative costs arising out of voluntary plans as determined pursuant to Section 3269, and the aggregate amount paid as refunds and credits made to employees applicable to voluntary plans pursuant to Section 1176 as determined pursuant to Section 3266. (d) Each voluntary plan shall file with the director within the time required for payments under subdivision (e) of this section, a return containing the employer’s business name, address, and account number, and such other information as the director shall prescribe. The director shall prescribe the form for the return. (e) Payments required under this section are due and payable on the first day of the calendar month following the close of each calendar quarter and shall become delinquent if not paid on or before the last day of such month. (f) The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 of this division with respect to the assessment of contributions and the provisions of Chapter 7 (commencing with Section 1701) of Part 1 of this division with respect to the collection of contributions shall apply to payments required by this section. (g) Whenever the director believes that a change in the percentage rate of payment specified in subdivision (b) may be necessary, he or she shall inform the Governor and the Legislature thereof and make recommendations accordingly. (Amended by Stats. 1980, Ch. 1308, Sec. 3.)
  155. 3253.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employee covered by an approved voluntary plan at the start of a disability benefit period is generally not entitled to Disability Fund benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3253. Except as provided in this part, an employee covered by an approved voluntary plan at the commencement of a disability benefit period shall not be entitled to benefits from the Disability Fund. Benefits payable to that employee shall be the liability of the approved voluntary plan under which the employee was covered at the commencement of the disability benefit period, regardless of any subsequent disabling condition which may occur during that disability benefit period. The Director of Employment Development shall prescribe authorized regulations to allow benefits to individuals simultaneously covered by one or more approved voluntary plans and the Disability Fund. (Amended by Stats. 2003, Ch. 797, Sec. 17. Effective January 1, 2004.)
  156. 3254.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The Director of Employment Development must approve a voluntary plan if the statute’s listed conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3254. The Director of Employment Development shall approve any voluntary plan, except one filed pursuant to Section 3255, as to which he or she finds that there is at least one employee in employment and all of the following exist: (a) The rights afforded to the covered employees are greater than those provided for in Chapter 2 (commencing with Section 2625), including those provided for in Chapter 7 (commencing with Section 3300). (b) The plan has been made available to all of the employees of the employer employed in this state or to all employees at any one distinct, separate establishment maintained by the employer in this state. “Employees” as used in this subdivision includes those individuals in partial or other forms of short-time employment and employees not in employment as the Director of Employment Development shall prescribe by authorized regulations. (c) A majority of the employees of the employer employed in this state or a majority of the employees employed at any one distinct, separate establishment maintained by the employer in this state have consented to the plan. (d) If the plan provides for insurance the form of the insurance policies to be issued have been approved by the Insurance Commissioner and are to be issued by an admitted disability insurer. (e) The employer has consented to the plan and has agreed to make the payroll deductions required, if any, and transmit the proceeds to the plan insurer, if any. (f) The plan provides for the inclusion of future employees. (g) The plan will be in effect for a period of not less than one year and, thereafter, continuously unless the Director of Employment Development finds that the employer or a majority of its employees employed in this state covered by the plan have given notice of withdrawal from the plan. The notice shall be filed in writing with the Director of Employment Development and shall be effective only on the anniversary of the effective date of the plan next following the filing of the notice, but in any event not less than 30 days from the time of the filing of the notice; except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal from the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of that law or change. If the plan is not withdrawn on the 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to that increase or change on the operative date of the increase or change. (h) The amount of deductions from the wages of an employee in effect for any plan shall not be increased on other than an anniversary of the effective date of the plan except to the extent that any increase in the deductions from the wages of an employee allowed by Section 3260 permits that amount to exceed the amount of deductions in effect. (i) The approval of the plan or plans will not result in a substantial selection of risks adverse to the Disability Fund. (Amended (as amended by Stats. 2002, Ch. 901) by Stats. 2003, Ch. 797, Sec. 18. Effective January 1, 2004.)
  157. 3254.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section lets the director approve one voluntary disability plan for an SBTPA’s clients if listed criteria are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3254.1. (a) For the purposes of this section, “small-business-third-party administrator” (hereafter SBTPA), means an applicant that the director finds meets all of the following criteria at the time of application: (1) The SBTPA administers voluntary disability plans on behalf of its clients pursuant to a written agreement in a form and manner approved by the director. (2) The SBTPA has at least 1,000 California domiciled clients, 80 percent of whom have fewer than 20 employees. (3) The SBTPA processes payroll for its California domiciled clients. (4) The SBTPA offers workers’ compensation insurance to its California domiciled clients through an affiliated California domiciled insurance company. (b) Except as modified by this section, “voluntary plan” shall be defined as, and shall be subject to the same provisions as, a “voluntary plan,” as set forth in this chapter. (c) The director may approve a single voluntary plan for all of an SBTPA’s clients and their employees where all of the following criteria are met: (1) The plan is administered by the SBTPA. (2) The plan establishes a master trust account that is administered by the SBTPA, and requires the SBTPA to maintain a separate accounting ledger for each individual employer that is a client of the SBTPA to reflect each client’s specific plan contributions. The master trust account shall be held in a federally insured bank. (3) If the plan does not provide for the assumption by an admitted disability insurer of the liability of the employer to pay the benefits afforded by the plan, the director shall not approve it unless the SBTPA meets the financial security requirements of Section 3258 on behalf of the SBTPA clients and their employees. (4) (A) The single voluntary plan will be in effect for a period of not less than one year and, thereafter, continuously, unless the Director of Employment Development finds that the SBTPA has given notice of withdrawal of the plan. The notice filed by the SBTPA shall be filed in writing with the Director of Employment Development and shall be effective on the anniversary of the effective date of the plan next following the filing of the notice, but in any event shall not be less than 30 days from the time of the filing of the notice; except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal from the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of that law or change. If the plan is not withdrawn on the 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to that increase or change on the operative date of the increase or change. (B) Any individual employer who is a client of the SBTPA, or a majority of that client’s employees employed in this state covered by the plan, may also terminate their participation in the plan by giving written notice of withdrawal from the plan to the SBTPA and to the Director of Employment Development not less than 30 days prior to the date of withdrawal. (C) The Director of Employment Development may terminate the participation of an individual employer client of the SBTPA from the plan for cause, and the employer’s voluntary plan assets shall be recovered from the SBTPA and not from the employer as referenced in Section 3262. (5) The rights afforded to the covered employees are greater than those provided for in Chapter 2 (commencing with Section 2625), including those provided for in Chapter 7 (commencing with Section 3300). (6) The plan has been made available to all of the employees of the employer employed in this state or to all employees at any one distinct, separate establishment maintained by the employer in this state. “Employees” as used in this paragraph includes those individuals in partial or other forms of short-time employment and employees not in employment as the director shall prescribe by authorized regulations. (7) A majority of the employees of the client employed in this state or a majority of the employees employed at any one distinct, separate establishment maintained by the client in this state have consented to the plan. (8) If the plan provides for insurance, the form of the insurance policies to be issued has been approved by the Insurance Commissioner and is to be issued by an admitted disability insurer. (9) The client has consented to the plan and has authorized the SBTPA to make the payroll deductions required, if any, and deposit the proceeds into the master account administered by the SBTPA as referenced in paragraph (2). (10) The plan provides for the inclusion of future employees. (11) The amount of deductions from the wages of an employee of any client in effect for the plan shall not be increased on other than an anniversary of the effective date of the plan except to the extent that any increase in the deductions from the wages of an employee allowed by Section 3260 permits that amount to exceed the amount of deductions in effect. (12) The approval of the plan or plans will not result in a substantial selection of risks adverse to the Disability Fund. (d) The department may adopt application forms and procedures as deemed necessary to ensure compliance with this section. (e) It is the intent of the Legislature in enacting paragraph (3) of subdivision (c) that, in the event of the insolvency of an employer-client of the SBTPA, or of the SBTPA, the disability claims against the subaccount of any employer-client arising prior to the date of the insolvency shall be satisfied by first accessing the security of the SBTPA, as described in paragraph (3) of subdivision (c), rather than satisfying the claims from the Disability Fund. (Amended by Stats. 2014, Ch. 150, Sec. 1. (AB 2733) Effective July 18, 2014.)
  158. 3254.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A successor involving a voluntary plan must give timely written withdrawal notice to the Director if it wants the plan withdrawn as of acquisition, and an insurer must promptly issue required policy forms and amendments after a change in ownership unless the plan is withdrawn.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3254.5. A voluntary plan in force and effect at the time a successor employing unit acquires the organization, trade, or business, or substantially all the assets thereof, or a distinct and severable portion of the organization, trade, or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, shall not withdraw without specific request for withdrawal thereof. The successor employing unit and the insurer shall be deemed to have consented to the provisions of the plan unless written request for withdrawal, effective as of the date of acquisition, is transmitted to the Director of Employment Development, by the employer or the insurer, within 30 days after the acquisition date, or within 30 days after notification from the Director of Employment Development that the plan is to continue, whichever is later. Unless the plan is withdrawn as of the date of acquisition by the successor employer or the insurer, a written request for withdrawal shall be effective only on the anniversary of the effective date of the plan next occurring on or after the date of acquisition, except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal of the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of law or change. If the plan is not withdrawn on 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to the increase or change on the operative date of the increase or change. Promptly, upon notice of change in ownership, any insurer of a plan shall prepare and issue policy forms and amendments as required, unless the plan is withdrawn. Nothing contained in this section shall prevent future withdrawal of any plans on an anniversary of the effective date of the plan upon 30 days’ notice, except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal of the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of the law or change. If the plan is not withdrawn on 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to the increase or change on the operative date of the increase or change. (Amended by Stats. 2006, Ch. 538, Sec. 647. Effective January 1, 2007.)
  159. 3255.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain workers or their agent may apply for approval of a voluntary disability-benefit plan, and the Director of Employment Development must approve it if the listed conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3255. When workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and several employers or some of them cooperate to establish a plan for the payment of wages at a central place or places, and have appointed an agent under Section 1096, that agent, or a majority of workers regularly paid through a central place or places, or both, may apply to the Director of Employment Development for approval of a voluntary plan for the payment of disability benefits applicable to all employees whose wages are paid at one or more central place or places. The Director of Employment Development shall approve any voluntary plan under this section as to which he or she finds that all of the following exist: (a) The rights afforded to the covered employees are greater than those provided for in Chapter 2 (commencing with Section 2625) of this part, and are separately stated and designated “unemployment compensation disability benefits” separate and distinct from other benefits, if any. (b) The plan applies to all employees whose wages are paid at a central place or places with respect to all employment for which wages are paid at central place or places. (c) Seventy-five percent of the workers regularly paid at the central place or places have consented to the plan prior to the filing of the initial application for approval. (d) If the plan provides for insurance the form of the insurance policies to be issued have been approved by the Insurance Commissioner and are to be issued by an admitted disability insurer. (e) All employers paying wages through the central place or places have agreed to participate in the plan and the agent appointed under Section 1096 has agreed to make the payroll deductions required, if any, and transmit the proceeds to the plan insurer, if any. (f) The plan provides for the inclusion of all future employees paid at the central place or places. (g) The plan is to be in effect for a period of not less than one year and, thereafter, continuously unless the Director of Employment Development finds that the agent or a majority of the employees regularly paid at the central place or places has given written notice of withdrawal from the plan. The notice shall be filed in writing with the Director of Employment Development at least 30 days before it is to become effective and, upon the filing, will be effective only as to wages paid after the beginning of the calendar quarter next occurring on or after the anniversary of the effective date of the plan; except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal from the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of that law or change. If the plan is not withdrawn on 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to that increase or change on the operative date of the increase or change. (h) The amount of deductions from the wages of an employee in effect for any plan shall not be increased on other than an anniversary of the effective date of the plan except to the extent that any increase in the deductions from the wages of an employee allowed by Section 3260 permits that amount to exceed the amount of deductions in effect. (i) The approval of the plan or plans will not result in a substantial selection of risks adverse to the Disability Fund. (Amended by Stats. 2002, Ch. 52, Sec. 3. Effective January 1, 2003.)
  160. 3256.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employer, or an agent appointed under Section 1096, may make payroll deductions allowed by an approved plan during the plan’s effective period.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3256. During the effective period of a plan approved under Section 3255 the employer, or his agent appointed under Section 1096, may make the pay roll deductions provided for by the plan, with respect to all employment covered by the plan. (Enacted by Stats. 1953. Ch. 308.)
  161. 3257.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If enough employees have consented, the employer or some consenting employees may make the plan apply to everyone eligible, except employees who reject it.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3257. Whenever eighty-five percent (85%) of the employees to whom a plan is available have consented to the plan, the employer, or seventy-five percent (75%) of the employees who have consented to the plan, or both, may elect to make the plan applicable to all employees to whom it is available, except those who reject the plan. In such case, there shall be filed with the Director of Employment Development a notice stating that the requisite percentage of employees has consented to the plan and fixing the date upon which the plan will become applicable to all employees to whom it is available. At least 10 days before the date fixed in the notice, a notice shall be posted and circulated in a manner reasonably calculated to bring it to the attention of all employees to whom the plan is available but who have not consented thereto. The notice to such employees shall set forth the date the plan is to become applicable and the manner in which an employee may reject it. From the time fixed in the notice filed with the Director of Employment Development all employees to whom the plan is available shall be deemed to have elected to be covered by the plan, except those who advise the employer in writing of their rejection within the time fixed. Every person employed after the date the plan becomes applicable and to whom the plan is available, shall be deemed to have elected to be covered by the plan from the time of employment unless he rejects the plan prior to or at the time of employment. Each employee at the time of employment shall be given a written notice specifying his right to consent to or to reject such plan and a written statement setting forth the essential features of the plan. Any employee covered by a plan may withdraw from the plan as of the beginning of any calendar quarter upon giving reasonable notice in writing directed to the employer. The form of the statement and the forms of the notices required under this Section shall be approved by the Director of Employment Development. (Amended by Stats. 1973, Ch. 1212, Sec. 279.)
  162. 3258.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A voluntary plan needs security or a letter of credit if it does not shift the employer’s liability to an admitted disability insurer, and the director may not approve it otherwise.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3258. If a voluntary plan does not provide for the assumption by an admitted disability insurer of the liability of the employer to pay the benefits afforded by the plan, the director shall not approve it unless the employer files with the director the bond of an admitted surety insurer conditioned on the payment by the employer of its obligations under the plan, deposits with the director securities approved by the director to secure the payment of the obligations, or deposits with the director an irrevocable letter of credit. The penal sum of the bond or the amount of the deposit of securities or letter of credit shall be determined by the director and shall be not less than the product obtained by multiplying the rate of worker contributions in the ensuing year, as determined in Section 984, by 0.5 of the estimated taxable wages prescribed by Section 985 to be paid to the employees for the ensuing year. Upon approval, the bond, money, or securities shall upon the director’s written order be deposited with the Treasurer for the purpose specified in this section. The Treasurer shall give a receipt for the deposits and the state shall be responsible for the custody and safe return of any securities so deposited. (Amended by Stats. 1994, Ch. 960, Sec. 3. Effective January 1, 1995. Operative May 31, 1995, or sooner, as prescribed by Sec. 4 of Ch. 960.)
  163. 3259.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If an approved voluntary plan is insured by an admitted disability insurer, the insurer replaces the employer for assessments tied to the insured portion of the plan.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3259. Whenever an approved voluntary plan is insured by an admitted disability insurer, the insurer shall be substituted for the employer with respect to any assessments under this part which relate to the portion of the voluntary plan insured by such insurer. (Enacted by Stats. 1953, Ch. 308.)
  164. 326.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must investigate unemployment hazards and report on their cost to the Unemployment Fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 326. The department shall investigate and report upon the degree of unemployment hazard in various industries and occupations and their cost to the Unemployment Fund. It shall recommend to employers in industries or occupations showing an excessive cost to that fund, means for stabilizing employment. It shall also, if necessary, recommend to the Legislature a higher rate of contribution for any classification of industries or occupations in which unemployment is excessive or chronic. (Amended by Stats. 1979, Ch. 373.)
  165. 3260.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employer may choose to pay all or part of a voluntary plan’s cost and may deduct a limited amount from covered employees’ wages for disability benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3260. An employer may, but need not, assume all or part of the cost of the plan, and may deduct from the wages of an employee covered by the plan, for the purpose of providing the disability benefits specified in this part, an amount not in excess of that which would be required by Sections 984 and 985 if the employee were not covered by the plan. (Amended by Stats. 2002, Ch. 52, Sec. 4. Effective January 1, 2003.)
  166. 3260.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employers must remit certain withheld deductions to the department and Disability Fund, and the Director may assess unpaid amounts against the employer.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3260.5. (a) All deductions from the wages of an employee remaining in the possession of the employer upon its voluntary withdrawal of the plan as a result of plan contributions being in excess of plan costs, that are not disposed of in conformity with authorized regulations of the Director of Employment Development, shall be remitted to the department and deposited in the Disability Fund. If an employer fails to remit any deductions to the Disability Fund, the Director of Employment Development shall assess the amount thereof against the employer. (b) The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to the assessment of contributions, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to the collection of contributions, shall apply to assessments provided by this section, except that interest may not accrue until 30 days after issuance of the notice of assessment. (c) With respect to individuals covered by a voluntary plan on January 1 of any calendar year for which the limitation on wages under Section 985 is increased or the tax rate under Section 984 is increased, the amount of the deduction on or after that date may be increased to apply to not more than the maximum limitation on taxable wages or to not more than the maximum tax rate, as applicable, without any further consent of the individual or approval of the Director of Employment Development, but only if such increase in the amount of the deductions is made effective as of January 1 of the affected calendar year. (Added by Stats. 2002, Ch. 52, Sec. 5. Effective January 1, 2003.)
  167. 3261.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employers must keep voluntary plan trust funds separate or send them directly to the admitted disability insurer, and any investment account must be separately identifiable if the Director of Employment Development approves the investment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3261. All employee contributions and income arising therefrom received or retained by an employer under an approved voluntary plan are trust funds that are not considered to be part of an employer’s assets. An employer shall either maintain a separate, specifically identifiable account for voluntary plan trust funds in a financial institution, or an employer may transmit voluntary plan trust funds, including any earned interest or income, directly to the admitted disability insurer. If an employer, with prior approval from the Director of Employment Development, invests voluntary plan trust funds in securities purchased through a commercial bank under Article 4 of Chapter 10 of Division 1 of the Financial Code, the securities account shall be separately identifiable from any other securities accounts maintained by the employer. In the event of commingling of voluntary plan trust funds, or the bankruptcy or insolvency of the employer, or the appointment of a receiver for the business of the employer, those voluntary plan trust funds are entitled to the same preference as are the claims of the state under Sections 1701 and 1702. (Amended by Stats. 2002, Ch. 52, Sec. 6. Effective January 1, 2003.)
  168. 3262.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The Director of Employment Development may terminate a voluntary plan for specified reasons, must notify affected parties, and can assess the employer for unpaid amounts after termination. Appeals are allowed within 10 days, and payments/transfers cannot be delayed during the appeal.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3262. (a) The Director of Employment Development may terminate any voluntary plan if the director finds that there is danger that the benefits accrued or to accrue will not be paid, that the security for the payment is insufficient, or for other good cause shown. The Director of Employment Development shall give notice of their intention to terminate a plan to the employer, employee group, and insurer. The notice shall state the effective date and the reason for the withdrawal. The Director of Employment Development may change or stay the effective date of the termination. (b) Notwithstanding Section 3260.5, on the effective date of the termination of a plan by the Director of Employment Development, all moneys in the plan, including moneys paid by the employer, moneys paid by the employee, moneys owed to the voluntary plan by the employer but not yet paid to the plan, and any interest accrued on all these moneys, shall be remitted to the department and deposited into the Disability Fund. (c) If an employer fails to remit all moneys owed to the Disability Fund after termination of the plan, the Director of Employment Development shall make an assessment against the employer equal to the amount of the moneys owed. The Director of Employment Development shall also make an assessment against the employer for all benefits paid from the Disability Fund after the termination of the plan, less any moneys received from the employer after the termination of the plan. (d) The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to the assessment of moneys, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to the collection of moneys owed, shall apply to assessments authorized under this section, except that interest may not accrue until 30 days after issuance of the notice of assessment. (e) The employer, employee group or insurer may, within 10 days from service of the notice, appeal to the Appeals Board. The 10-day period may be extended for good cause. The Appeals Board may prescribe by regulation the time, manner, method and procedure through which it may determine appeals under this section. (f) The payment of benefits from the Disability Fund and the transfer of moneys in the voluntary plan may not be delayed during an employer’s appeal of the termination of a voluntary plan. (Amended by Stats. 2022, Ch. 67, Sec. 33. (SB 191) Effective June 30, 2022.)
  169. 3263.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employee may stop being covered by an approved voluntary plan in specified situations, and an otherwise eligible employee must immediately become entitled to Disability Fund benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3263. (a) An employee is no longer covered by an approved voluntary plan if a disability arose after the employment relationship with the voluntary plan employer ends, or if the Director of Employment Development terminates a voluntary plan in accordance with Section 3262. (b) An employee who has ceased to be covered by an approved voluntary plan shall, if otherwise eligible, thereupon immediately become entitled to benefits from the Disability Fund to the same extent as though there had been no exemption from contributions as provided in this chapter. (Amended by Stats. 2002, Ch. 52, Sec. 8. Effective January 1, 2003.)
  170. 3264.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If an employer or insurer denies disability-benefit liability under an approved plan, the employee may appeal, but must first exhaust administrative remedies before filing a writ petition, and no other action may be brought.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3264. If any employer or insurer wholly or partially denies liability upon the claim of an employee for disability benefits under an approved plan, the employee may appeal the denial in the manner provided by law and authorized regulations for an appeal on a claim for benefits payable out of the Disability Fund. All decisions of the Appeals Board denying benefits under this section shall be subject to review by the courts of this State by the exclusive remedy of filing a petition for writ of mandate. No such petition may be filed, however, until the employee exhausts the administrative remedies provided for in this division, nor may any other action be commenced by an employee upon a denial of his claim by his employer or insurer, as the case may be, other than that prescribed herein. (Enacted by Stats. 1953, Ch. 308.)
  171. 3265.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If an employer or insurer does not pay required disability benefits under an approved voluntary plan, the director must pay the benefits and recover the amount from the employer or insurer.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3265. (a) If, on appeal, it is decided that an employee is entitled to receive disability benefits under an approved voluntary plan and the employer or insurer fails to pay the same within 15 days after notice of a decision by an administrative law judge or the appeals board, the director shall pay such benefits and shall assess the amount thereof against the employer or the insurer, and the provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 of this division with respect to the assessment of contributions and the provisions of Chapter 7 (commencing with Section 1701) of Part 1 of this division with respect to the collection of contributions shall apply to the recovery of such benefit payments. Amounts so collected shall be deposited in the Disability Fund. (b) If an approved voluntary plan is not terminated because of the enactment of any law increasing the benefit amounts provided by Sections 2653 and 2655, and the employer or insurer fails to pay such increase under the plan, the director shall pay such benefits to an employee, if otherwise eligible, and shall assess the amount thereof against the employer or the insurer and the provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 of this division with respect to the assessment of contributions and the provisions of Chapter 7 (commencing with Section 1701) of Part 1 of this division with respect to the collection of contributions shall apply to the recovery of such benefit payments. Amounts so collected shall be deposited in the Disability Fund. (Amended by Stats. 1984, Ch. 537, Sec. 45.)
  172. 3266.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director must, under authorized regulations, determine what portion of certain employee refunds and credits applies to voluntary plans each calendar year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3266. The director shall in accordance with his or her authorized regulations determine the portion of the aggregate amount of refunds and credits to employees made under Section 1176 during any calendar year which is applicable to voluntary plans for which deductions were made under Section 3260, such determination to be based upon the relation during the preceding calendar year of the amount of wages subject to contributions to the Disability Fund to the amount of wages exempt from contributions to the Disability Fund under Section 3252. (Amended by Stats. 1978, Ch. 633.)
  173. 3267.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employers in approved voluntary plans, and insurers of approved plans, must provide reports, information, and records to the department when required by the director’s authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3267. Employers whose employees are participating in an approved voluntary plan and any insurer of an approved plan shall furnish such reports and information and make available to the department such records as the director may by authorized regulations require for the proper administration of this part. (Amended by Stats. 1979, Ch. 373.)
  174. 3268.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The Director of Employment Development must promptly provide required information to employers, employees, or insurers to help administer an approved voluntary plan, following authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3268. The Director of Employment Development shall, in accordance with his authorized regulations, promptly furnish to employers, employees, or insurers, such information as may be required for the proper administration of an approved voluntary plan. (Amended by Stats. 1973, Ch. 1212, Sec. 292.)
  175. 3269.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director must determine each fiscal year the total amount spent on added administrative work from voluntary plans, following authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3269. The director shall in accordance with his or her authorized regulations, determine each fiscal year the total amount expended for added administrative work arising out of voluntary plans. (Amended by Stats. 1978, Ch. 633.)
  176. 327.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may negotiate and contract with the Census Bureau to expand the survey, and it must report results, request funding when needed, and publish and share monthly employment and unemployment information.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 327. The department is authorized to enter into negotiations with the United States Bureau of the Census to expand the current population survey for a sample of up to 35,000 households in California. The department shall report its findings and the result of the negotiations to the Legislature. At such time as the Bureau of the Census is prepared to undertake the workload involved in expanding California’s portion of the population survey, the department shall submit to the Legislature a budget request for funds not available from other sources to finance a contract with the Bureau of the Census. When sufficient funds are made available through the budget process or from other sources, the department is authorized to contract with the Bureau of the Census for the purpose of expanding the current population survey to a sample of up to 35,000 households in California. Based on the results of the expanded survey, the department shall compile and publish monthly information pertaining to employment and unemployment and shall provide such information to state governmental entities, including the Legislature, which are responsible for preparing state economic projections and revenue estimates. (Added by Stats. 1979, Ch. 997.)
  177. 3270.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Sections 3254(i) and 3255(i) on substantial selection of risks adverse to the Disability Fund become operative on January 1, 1962.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3270. The provisions of subdivision (i) of Section 3254 and subdivision (i) of Section 3255, dealing with substantial selection of risks adverse to the Disability Fund, shall be operative as of January 1, 1962. (Amended by Stats. 1967, Ch. 1725.)
  178. 3271.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director must approve an amendment to a voluntary plan if the amendment meets Section 3254 standards and one of the listed consent or notice conditions is satisfied.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3271. (a) The director shall approve any amendment to a voluntary plan adjusting the provisions thereof as to periods after the effective date of the amendment as to which he or she finds that the plan, as amended, will conform to the standards set forth in Section 3254, and that any of the following exist: (1) A majority of the employees covered by the plan have consented in writing to the amendment. (2) All of the employees covered by the plan who are adversely affected by the amendment have consented in writing to the amendment. (3) The insurer of such plan, if any, has certified to the director that notice of the amendment either separately or as a part of a new certificate or statement of coverage, has, at least 10 days prior to the effective date of the proposed amendment, been delivered to the employer for distribution to his or her employees within 10 days thereafter and has further certified that such notice specifically included notification to the employees covered by the plan of their right to withdraw from the plan. (b) Nothing contained in this section is intended to deny or limit the right of the director to make regulations supplementary thereto, nor on the general subject of requirements for amendments of voluntary plans. (Amended by Stats. 1978, Ch. 941.)
  179. 3272.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says Article 9 (starting at Section 1176) applies to certain disability-compensation amounts and payments.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 6. Voluntary Plans [3251 - 3272] ( Chapter 6 enacted by Stats. 1953, Ch. 308. ) ## 3272. The provisions of Article 9 (commencing with Section 1176) of Chapter 4 of Part 1 of this division shall apply to amounts collected under Sections 3252, 3260, and 3265, to amounts remitted to the Disability Fund under Section 3260, and to amounts paid to an employee by an employer or insurer after a final decision on appeal under Section 3264 to an administrative law judge or the appeals board that the employee is entitled to disability benefits. (Amended by Stats. 1984, Ch. 537, Sec. 46.)
  180. 329.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The strike force is led by the director or designee, may work with named agencies, must protect confidential information, and must report annually on its activities.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 329. (a) The director, or the director’s designee, shall serve as Chairperson of the Joint Enforcement Strike Force on the Underground Economy provided for in Executive Order W-66-93. The strike force shall include, but not be limited to, representatives of the Employment Development Department, the Department of Justice, the Department of Consumer Affairs, the Department of Industrial Relations, the California Department of Tax and Fee Administration, the Franchise Tax Board, and the Department of Insurance. (b) The strike force may invite the following state agencies to serve in an advisory capacity: the California Health and Human Services Agency, the Department of Motor Vehicles, the Department of Alcoholic Beverage Control, and the Department of the California Highway Patrol. (c) The strike force shall have the following duties: (1) (A) To facilitate and encourage the development and sharing of information by the participating agencies necessary to combat the underground economy including the enforcement activities regarding labor, tax, insurance, and licensing law violators operating in the underground economy. Duly authorized representatives of the strike force employed by an agency listed in subdivision (a) shall exchange intelligence, data, documents, confidential information, or lead referrals pursuant to this section, to the extent permitted by state and federal laws and regulations. (B) Any person who is involved or has been involved in the strike force pursuant to this section and at any time has obtained confidential information shall not divulge, or make known in any manner not allowed by law, any of the confidential information received by or reported to members of the strike force. Confidential information authorized to be exchanged pursuant to this section shall retain its confidential status and shall otherwise remain subject to the confidentiality provisions contained in applicable federal and state laws. (C) Participating agencies may also cooperate and share any appropriate information with the Labor Enforcement Task Force established pursuant to Assembly Bill 1464 of the 2011–12 Regular Session (Chapter 21 of the Statutes of 2012), to the extent related to the underground economy including the enforcement activities regarding labor, tax, insurance, and licensing law violators operating in the underground economy permitted by state and federal laws and regulations. Members of the Labor Enforcement Task Force who have obtained confidential information pursuant to this section shall not divulge, or make known in any manner not allowed by law, any of the confidential information received from the strike force. (2) To improve the coordination of activities among the participating agencies. (3) To develop methods to pool, focus, and target the enforcement resources of the participating agencies in order to deter tax evasion and maximize recoveries from blatant tax evaders and violators of cash-pay reporting laws. (4) To reduce enforcement costs wherever possible by eliminating duplicative audits and investigations. (d) In addition, the strike force shall be empowered to: (1) Form joint enforcement teams when appropriate to utilize the collective investigative and enforcement capabilities of the participating members. (2) Establish committees and rules of procedure to carry out the activities of the strike force. (3) To solicit the cooperation and participation of district attorneys and other state and local agencies in carrying out the objectives of the strike force. (4) Establish procedures for soliciting referrals from the public, including, but not limited to, an advertised telephone hotline. (5) Develop procedures for improved information sharing among the participating agencies and the Labor Enforcement Task Force, such as shared automated information database systems, the use of a common business identification number, and a centralized debt collection system, to the extent permitted by state and federal laws and regulations. (6) Develop procedures to permit the participating agencies to use civil sanctions. (7) Provide participating agencies, including the Department of Justice, with investigative leads where collaboration opportunities exist for felony-level criminal investigations, including, but not limited to, referring leads to agencies with appropriate enforcement jurisdiction, and to pursue criminal prosecution when unscrupulous businesses violate the state’s labor, employment, licensing, insurance, and tax laws with respect to the underground economy. (8) Evaluate, based on its activities, the need for any statutory change to do any of the following: (A) Eliminate barriers to interagency information sharing. (B) Improve the ability of the participating agencies to audit, investigate, and prosecute tax and cash-pay violations. (C) Deter violations and improve voluntary compliance. (D) Eliminate duplication and improve cooperation among the participating agencies. (E) Establish shareable information databases. (F) Establish a common business identification number for use by participating agencies. (G) Establish centralized, automated debt collection services for the participating agencies. (e) The strike force shall report to the Governor and the Legislature annually during the period of its existence, by June 30, of each year, regarding its activities. The report shall include, but not be limited to, all of the following: (1) The number of cases of blatant violations and noncompliance with tax and cash-pay laws identified, audited, investigated, or prosecuted through civil action or referred for criminal prosecution. (2) Actions taken by the strike force to publicize its activities. (3) Efforts made by the strike force to establish an advertised telephone hotline for receiving referrals from the public. (4) Procedures for improving information sharing among the agencies represented on the strike force. (5) Steps taken by the strike force to improve cooperation among participating agencies, reduce duplication of effort, and improve voluntary compliance. (6) Recommendations for any statutory changes needed to accomplish the goals described in paragraph (8) of subdivision (c). (Amended by Stats. 2019, Ch. 626, Sec. 2. (AB 1296) Effective January 1, 2020.)
  181. 3300.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    The Legislature states that family temporary disability insurance is to be called Paid Family Leave and describes why the program exists.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3300. The Legislature finds and declares all of the following: (a) It is in the public benefit to provide family temporary disability insurance benefits to workers to care for their family members. The need for family temporary disability insurance benefits has intensified as the participation of both parents in the workforce has increased, and the number of single parents in the workforce has grown. The need for partial wage replacement for workers taking family care leave will be exacerbated as the population of those needing care, both children and parents of workers, increases in relation to the number of working age adults. (b) Family Temporary Disability Insurance shall be known as Paid Family Leave. (c) Developing systems that help families adapt to the competing interests of work and home not only benefits workers, but also benefits employers by increasing worker productivity and reducing employee turnover. (d) The federal Family and Medical Leave Act (FMLA) and California’s Family Rights Act (CFRA) entitle eligible employees working for covered employers to take unpaid, job-protected leave for up to 12 workweeks in a 12-month period. Under the FMLA and the CFRA, unpaid leave may be taken for the birth, adoption, or foster placement of a new child; to care for a seriously ill child, parent, or spouse; or for the employee’s own serious health condition. (e) State disability insurance benefits currently provide wage replacement for workers who need time off due to their own nonwork-related injuries, illnesses, or conditions, including pregnancy, that prevent them from working, but do not cover leave to care for a sick or injured child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or leave to bond with a new child. (f) The majority of workers in this state are unable to take family care leave because they are unable to afford leave without pay. When workers do not receive some form of wage replacement during family care leave, families suffer from the worker’s loss of income, increasing the demand on the state unemployment insurance system and dependence on the state’s welfare system. (g) It is the intent of the Legislature to create a family temporary disability insurance program to help reconcile the demands of work and family. The family temporary disability insurance program shall be a component of the state’s unemployment compensation disability insurance program, shall be funded through employee contributions, and shall be administered in accordance with the policies of the state disability insurance program created pursuant to this part. Initial and ongoing administrative costs associated with the family temporary disability insurance program shall be payable from the Disability Fund. (Amended by Stats. 2013, Ch. 350, Sec. 3. (SB 770) Effective January 1, 2014.)
  182. 3301.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    This section creates family temporary disability insurance and sets benefit amounts, payment limits, claim deadlines, and when the section becomes operative.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3301.5. (a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States. (2) Nothing in this chapter shall be construed to abridge the rights and responsibilities conveyed under the California Family Rights Act or pregnancy disability leave. (b) (1) An individual’s “weekly benefit amount” for periods of disability commencing before January 1, 2025, shall be the amount provided in Section 2655, and for periods of disability commencing on or after January 1, 2025, shall be the amount provided in paragraph (2). An individual is eligible to receive family temporary disability insurance benefits equal to one-seventh of the individual’s weekly benefit amount for each full day during which the individual is unable to work due to caring for a seriously ill or injured family member, bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States. (2) For periods of disability commencing on or after January 1, 2025, the weekly benefit amount shall be as follows: (A) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than seven hundred twenty-two dollars and fifty cents ($722.50), then fifty dollars ($50). (B) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is more than 70 percent of the state average quarterly wage, the weekly benefit amount shall be equal to the greater of 70 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code, or 63 percent of the state average weekly wage. (C) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is seven hundred twenty-two dollars and fifty cents ($722.50) or more, but 70 percent or less than the state average quarterly wage, then the weekly benefit amount shall be equal to 90 percent of the wages paid to an individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. (3) For purposes of this subdivision, “state average weekly wage” and “state average quarterly wage” have the same meanings as defined in subdivision (g) of Section 2655. (c) The maximum amount payable to an individual during any disability benefit period for family temporary disability insurance shall be eight times the individual’s “weekly benefit amount,” but in no case shall the total amount of benefits payable be more than the total wages paid to the individual during the individual’s disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (d) No more than eight weeks of family temporary disability insurance benefits shall be paid within any 12-month period. (e) An individual may initiate the claims process up to 30 days in advance of the anticipated first compensable day. An individual shall file a claim for family temporary disability insurance benefits not later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, which time shall be extended by the department upon a showing of good cause. If a first claim is not complete, the claim form shall be returned to the claimant for completion and it shall be completed and returned not later than the 10th consecutive day after the date it was mailed by the department to the claimant, except that the time shall be extended by the department upon a showing of good cause. (f) This section shall become operative when incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project. (Added by Stats. 2024, Ch. 876, Sec. 6. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions.)
  183. 3302.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    This section defines “covered active duty” and “disability benefit period,” and states that the section becomes operative on January 1, 2021.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3302.1. (a) For purposes of this chapter: (1) “Covered active duty” means, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty. (2) “Disability benefit period” with respect to any individual, means the period of unemployment beginning with the first day an individual establishes a valid claim for family temporary disability insurance benefits to care for a seriously ill family member, to bond with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States. (A) Periods of family care leave for the same care recipient within a 12-month period shall be considered one disability benefit period. (B) Periods of disability for pregnancy, as defined in Section 2608, and periods of family care leave for bonding associated with the birth of that child shall be considered one disability benefit period. (b) This section shall become operative on January 1, 2021. (Amended (as added by Stats. 2018, Ch. 849, Sec. 4) by Stats. 2019, Ch. 497, Sec. 270. (AB 991) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)
  184. 3302.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    This section defines what counts as a qualifying exigency for paid family leave when a family member is on covered active duty.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3302.2. For purposes of this chapter, a “qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States” means any of the following: (a) Activities undertaken within seven calendar days from the date that a spouse, domestic partner, child, or parent has been notified of an impending call or order to covered active duty in the Armed Forces of the United States to address any issue that arises from the call or order. (b) Attendance in either or both of the following: (1) An official ceremony, program, or event sponsored by the military that is related to the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent. (2) A family support or assistance program and informational briefing sponsored or promoted by the military, military service organizations, or the American Red Cross that is related to the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent. (c) Any of the following activities related to the biological, adopted, or foster child, stepchild, legal ward, or child for whom the spouse, domestic partner, child, or parent in the Armed Forces of the United States stands in loco parentis, who is either not more than 18 years of age or, if equal to or more than 18 years of age, is incapable of self-care because of a disability at the time that the paid leave is to commence: (1) Arranging for alternative childcare for the child when the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States necessitates a change in the existing childcare arrangement. (2) Providing childcare for the child on an urgent, immediate need basis when the need to provide this care arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (3) Enrolling or transferring the child to a new school or day care facility when enrollment or transfer is necessitated by the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (4) Attending meetings with staff at the child’s school or day care facility, including, but not limited to, meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors, when these meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (d) To make financial and legal arrangements for either or both of the following purposes: (1) Making or updating financial or legal arrangements to address the absence of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while on covered active duty or call to covered active duty, including, but not limited to, preparing and executing financial and healthcare powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, or preparing or updating a will or living trust. (2) Acting as the representative of the spouse, domestic partner, child, or parent in the Armed Forces of the United States before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the spouse, domestic partner, child, or parent in the Armed Forces of the United States is on covered active duty or call to covered active duty, and for a period of ninety days following the termination of the covered active duty. (e) Attending counseling provided by someone other than a health care provider, for oneself, for the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or for the biological, adopted, or foster child, a stepchild, or a legal ward of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or a child for whom this person stands in loco parentis, who is either not more than 18 years of age, or equal to or more than 18 years of age and incapable of self-care because of a disability at the time that paid family leave is to commence, provided that the need for counseling arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (f) Accompanying a spouse, domestic partner, child, or parent in the Armed Forces of the United States while that individual is on short-term, temporary, rest and recuperation leave during the period of deployment in a foreign country, provided that any leave taken for this purpose is for not more than 15 calendar days beginning on the date of commencement for the rest and recuperation leave. (g) Attending arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (h) Addressing issues that arise from the death of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while on covered active duty status, including meeting and recovering the body of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, making funeral arrangements, and attending funeral services. (i) (1) Any of the following activities related to the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States while the parent of the spouse, domestic partner, child, or parent in the armed forces during covered active duty is incapable of self-care by requiring active assistance or supervision over daily self-care in three or more of the activities of daily living or instrument activities of daily living: (A) Arranging for alternative care for the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States when the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States necessitates a change in the existing care arrangement for the parent. (B) Providing care for the parent who is incapable of self-care on an urgent, immediate need basis when the need to provide this care arises from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (C) Admitting or transferring the parent to a care facility when admission or transfer is necessitated by the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (D) Attending meetings with staff at the parent’s care facility, including, but not limited to, meetings with hospice or social service providers of the parent of the spouse, domestic partner, child, or parent in the Armed Forces of the United States when these meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States. (2) For purposes of this subdivision, “activities of daily living” include adaptive activities, such as caring appropriately for one’s grooming and hygiene, bathing, dressing, and eating. Instrumental activities of daily living include, but are not limited to, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, and using a post office. (j) Any other activities to address other events that arise out of the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, provided that the employer and employee agree that this leave shall qualify as an exigency, and agree to both the timing and duration of this leave. (k) This section shall become operative on January 1, 2021. (Added by Stats. 2018, Ch. 849, Sec. 5. (SB 1123) Effective January 1, 2019. Section operative January 1, 2021, by its own provisions.)
  185. 3303.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    This section limits when a person can receive family temporary disability insurance benefits, requires concurrent FTDI leave when FMLA and CFRA leave applies, and lets an employer require up to two weeks of unused vacation leave before initial FTDI benefits in some cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3303.1. (a) An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply: (1) The individual has received, or is entitled to receive, unemployment compensation benefits under Part 1 (commencing with Section 100) or under an unemployment compensation act of any other state or of the federal government. (2) The individual has received, or is entitled to receive, “other benefits” in the form of cash benefits as defined in Section 2629. (3) The individual has received, or is entitled to receive, state disability insurance benefits under Part 2 (commencing with Section 2601) or under a disability insurance act of any other state. (4) Another family member, as defined in Section 3302, is ready, willing, and able and available for the same period of time in a day that the individual is providing the required care or participating in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States. (b) An individual who is entitled to leave under the FMLA and the CFRA shall take Family Temporary Disability Insurance (FTDI) leave concurrent with leave taken under the FMLA and the CFRA. (c) (1) As a condition of an employee’s initial receipt of family temporary disability insurance benefits during any 12-month period in which an employee is eligible for these benefits, an employer may require an employee to take up to two weeks of earned but unused vacation leave prior to the employee’s initial receipt of these benefits. (2) This subdivision may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this subdivision. (3) This subdivision shall not apply to any period of disability commencing on or after January 1, 2025. (Amended by Stats. 2024, Ch. 949, Sec. 1. (AB 2123) Effective January 1, 2025.)
  186. 3304.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    Eligible workers are entitled to receive benefits under this division, and this section ends when Section 3304.5 is incorporated into the EDDNext claims management system.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3304. (a) Eligible workers shall receive benefits in accordance with provisions established under this division. (b) This section shall remain in effect only until Section 3304.5 is incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project, and as of that date is repealed. (Amended by Stats. 2024, Ch. 876, Sec. 7. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions. Repealed conditionally by its own provisions.)
  187. 3304.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    The department must issue the initial family temporary disability insurance payment to an eligible claimant within 14 days after receiving a properly completed first claim, or when eligibility begins, whichever is later.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3304.5. (a) The department shall issue the initial payment for family temporary disability insurance benefits under this chapter to a monetarily eligible claimant who is otherwise determined by the department as eligible to receive those benefits within 14 days of receipt of the claimant’s properly completed first family temporary disability insurance claim or as soon as eligibility begins, whichever occurs later. (b) This section shall become operative when incorporated into the Employment Development Department’s integrated claims management system as part of the EDDNext project. (Added by Stats. 2024, Ch. 876, Sec. 8. (SB 1090) Effective January 1, 2025. Conditionally operative by its own provisions.)
  188. 3305.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    If someone falsely certifies a person’s medical condition to get family temporary disability insurance benefits, the director must assess a penalty of 25% of the benefits paid.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3305. If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance benefits, with the intent to defraud, whether for the maker or for any other person, the director shall assess a penalty against the individual in the amount of 25 percent of the benefits paid as a result of the false certification. The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to assessments, the provisions of Article 9 (commencing with Section 1176) of Chapter 4 of Part 1, with respect to refunds, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to collections, shall apply to the assessments provided by this section. Penalties collected under this section shall be deposited in the contingent fund. (Amended by Stats. 2004, Ch. 183, Sec. 343. Effective January 1, 2005.)
  189. 3306.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    The director may ask for extra medical evidence and may require reasonable medical examinations in some cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3306. (a) The director may request additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the care recipient. The director may require that the additional evidence include any or all of the following information: (1) Identification of diagnoses. (2) Identification of symptoms. (3) A statement setting forth the facts of the care recipient’s serious health condition that warrants the participation of the employee. The statement shall be completed by any of the following people: (A) The physician or practitioner treating the care recipient. (B) The registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the care recipient. (C) An examining physician or other representative of the department. (b) Except as provided in Section 2709, the director may require the care recipient to submit to reasonable examinations for the purpose of determining all of the following: (1) Whether a serious health condition exists. (2) Whether a care provider’s participation is warranted. (3) The period of time that the care provider’s participation is warranted. (Added by Stats. 2003, Ch. 797, Sec. 27. Effective January 1, 2004. Benefits payable on or after July 1, 2004, as prescribed by Sec. 28 of Ch. 797.)
  190. 3307.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    The department may ask for documents or other information to verify a paid family leave request for a qualifying exigency, and in some cases it may contact third parties or the Department of Defense to verify details.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3307. (a) When an employee requests for the first time leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty or notification of an impending call or order to covered active duty of the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, the department may require the employee to provide a copy of the covered active duty orders or other documentation issued by the military that indicates that the employee’s spouse, domestic partner, child, or parent is in the Armed Forces of the United States, is on covered active duty or call to covered active duty status, and the dates of the covered active duty service. This information need only be provided to the department. A copy of new active duty orders or other documentation issued by the military may be required by the department if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty or notification of an impending call or order to covered active duty of the same or a different eligible family member. (b) The department may require that a request for paid family leave for any qualifying exigency specified in Section 3302.2 be supported by sufficient information from the employee that sets forth the following: (1) A statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency for which paid family leave is requested. The facts shall be sufficient to support the need for leave and may include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. For example, this information may include a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official, or a copy of a bill for services for the handling of legal or financial affairs. (2) The approximate date of the commencement or pending commencement of the qualifying exigency. (3) If an employee requests leave because of a qualifying exigency for a single, continuous period of time, the beginning and end dates for that leave. (4) If an employee requests leave because of a qualifying exigency on an intermittent basis, an estimate of the frequency and duration of the qualifying exigency. (5) If the qualifying exigency involves meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting, including, but not limited to, the name, title, organization, address, telephone number, fax number, and email address, if available, and a brief description of the purpose of the meeting. (6) If the qualifying exigency involves rest and recuperation leave, a copy of the rest and recuperation orders for the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, or other documentation issued by the military that indicates that this person has been granted rest and recuperation leave, and the dates of that rest and recuperation leave. (c) If an employee submits complete and sufficient information to support the employee’s request for leave because of a qualifying exigency, the department may not request additional information from the employee. However, if the qualifying exigency involves meeting with a third party, the department may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified individual or entity. The employee’s permission is not required in order to verify meetings or appointments with third parties, but no additional information may be requested by the department. The department also may contact an appropriate unit of the Department of Defense to request verification that an individual is on covered active duty or call to covered active duty or has been notified of an impending call or order to covered active duty. No additional information may be requested, and the employee’s permission is not required. (d) This section shall become operative on January 1, 2021. (Amended by Stats. 2020, Ch. 348, Sec. 2. (AB 2399) Effective January 1, 2021. Section operative January 1, 2021, by its own provisions.)
  191. 3308.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. )

    Verify source ↗

    The department must distribute the family temporary disability insurance benefits application in English and in all non-English languages spoken by a substantial number of non-English-speaking applicants.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 2. DISABILITY COMPENSATION [2601 - 3308] ( Part 2 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 7. Paid Family Leave [3300 - 3308] ( Heading of Chapter 7 amended by Stats. 2003, Ch. 797, Sec. 19. ) ## 3308. (a) In addition to English, the department shall distribute the application for family temporary disability insurance benefits in all non-English languages spoken by a substantial number of non-English-speaking applicants. As used in this section, “substantial number of non-English-speaking applicants” has the same meaning as “substantial number of non-English-speaking people” is defined in Section 7296.2 of the Government Code. (b) This section shall become operative on January 1, 2025. (Added by Stats. 2019, Ch. 386, Sec. 1. (AB 406) Effective January 1, 2020. Section operative January 1, 2025, by its own provisions.)
  192. 331.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director must post and maintain on the department website information about the Federal Unemployment Tax Act tax credit, including whether the Unemployment Fund owes money to the federal government and what that means for employers’ unemployment insurance costs.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 331. (a) The director shall post, on the homepage of the department’s internet website, a hyperlink to information about the Federal Unemployment Tax Act tax credit. On the web page describing this credit, the director shall indicate whether the Unemployment Fund owes money to the federal government, and if so, the implications of that outstanding debt on employers’ unemployment insurance costs. (b) The director shall update the information posted pursuant to subdivision (a) on the first of each month, as applicable. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2022, Ch. 109, Sec. 1. (AB 1805) Effective January 1, 2023. Repealed as of January 1, 2030, by its own provisions.)
  193. 333.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must prioritize automation of the Benefit Payment Control Program, including ledger and collection functions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 333. (a) The department shall place a high priority on the automation of the Benefit Payment Control Program, specifically including, but not limited to, automating the ledger and collection functions. (b) An automated system for the Benefit Payment Control Program shall include a function which provides for the automatic issuance of monthly collection letters to unemployment insurance claimants who have received benefit overpayments. (c) Personnel savings from automation of the Benefit Payment Control Program, notwithstanding any other provision of law, shall be redirected to the processing of additional willful overpayment cases. (Added by Stats. 1983, Ch. 1226, Sec. 5. Effective September 30, 1983.)
  194. 334.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director must use specified methods to increase collection of unemployment insurance benefit overpayments.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 334. The director shall pursue the following methods to increase the collection of unemployment insurance benefit overpayments: (a) Developing administrative or automated procedures to insure that field offices appropriately refer cases to the central office for the timely interception of a claimant’s state tax refund. (b) Modifying the automated overpayment detection system so that it will identify more overpayments. (c) Increasing the number of potential overpayments which are reviewed by the department. (d) Working with the Legislature and the Governor to adequately staff the Benefit Payment Control Program. (Added by Stats. 1983, Ch. 1226, Sec. 6. Effective September 30, 1983.)
  195. 335.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must, if funded, study film-industry employment and output, analyze diversity and economic impact, monitor competing states and countries, review relevant laws, and send a biannual report to legislative committee chairs.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 335. The department, in consultation and coordination with the film and movie industry, the Governor’s Office of Business and Economic Development, and the California Film Commission shall do all of the following, contingent upon the appropriation of funds in the annual Budget Act for these specified purposes: (a) Research and maintain data on the employment and output of the film industry, including full-time, part-time, contract, and short duration or single event employees. (b) Examine the ethnic diversity and representation of minorities in the entertainment industry. (c) Determine the overall direct and indirect economic impact of the film industry. (d) Monitor film industry employment and activity in other states and countries that compete with California for film production. (e) Review the effect that federal and state laws and local ordinances have on the filmed entertainment industry. (f) Prepare and release biannually a report to the chairpersons of the appropriate Senate and Assembly policy committees that details the information required by this section. (Amended by Stats. 2013, Ch. 353, Sec. 125. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  196. 336.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director must establish procedures to identify business transfers or acquisitions made to get a lower unemployment insurance contribution rate.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 336. The director shall establish procedures to identify the transfer or acquisition of a business that is undertaken for purposes of obtaining a lower unemployment insurance contribution rate. (Added by Stats. 2004, Ch. 827, Sec. 1. Effective January 1, 2005.)
  197. 339.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must develop and, if the Legislature appropriates funds, implement a recession plan for rising unemployment insurance claims.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 339. (a) The department shall develop and, upon appropriation by the Legislature, implement a recession plan to prepare for an increase in unemployment insurance compensation benefits claims due to an economic recession. The plan shall detail how to respond to economic downturns with a predetermined strategy that has considered the full effect on the department’s operations, and shall include, but not be limited to, all of the following: (1) Identifying the lessons learned from previous economic downturns, including the coronavirus (COVID-19) pandemic. (2) Identifying the indicators the department will be monitoring and using to project the likely upcoming workload impacts. (3) Identifying the steps the department will take to address increases in its workload, such as cross-training staff, changing its staffing levels, prioritizing specific tasks, and adjusting the way it performs certain work, including addressing all of the following factors: (A) How quickly staff can be hired. (B) Whether there is physical space for staff. (C) Whether the selected location has the technology that will be needed. (4) Analyzing current job duties or classifications and ensuring the right staff is doing the right work, including all of the following factors: (A) Whether current staff is ready to take on more complex work, increased volumes of work, or both. (B) Identification of a backup system for a sudden influx of work. (C) Assessing how existing seasonal and part-time staff is utilized, including whether the department can temporarily alter the work duties of current staff instead of hiring new staff. (D) Assessing how current staff can be cross-trained. (E) Extending hours of operation. (5) Identifying ways to improve self-serve services to avoid long wait times to speak to staff. (6) Assessing the current inventory of equipment, including both of the following: (A) Determining if the department should lease equipment. (B) Determining if there is enough equipment to support anticipated increased staffing levels. (7) Identifying the altered policies or procedures that the department would activate if a rise in unemployment insurance compensation benefits claims became significant enough to warrant that step. (8) Analyzing communications, including determining if additional lines of communication are needed, such as additional phone lines, additional email boxes, and external communications, including, but not limited to, social media. (9) Identifying budget and funding constraints. (10) Enhancing claims processing tools to ensure that the department’s identity verification processes are as robust as possible. (11) Assessing call center protocols by doing both of the following: (A) Establishing a process for tracking and periodically analyzing the reasons why unemployment insurance compensation benefits claimants call for assistance. (B) Analyzing the data gathered to improve the department’s call center by doing both of the following: (i) Identifying and resolving weaknesses or problems with the ways in which the department assists unemployment insurance compensation benefits claimants through self-serve services and non-call center options. (ii) Developing specialized training modules to quickly train call center staff on the most commonly requested items with which callers want assistance. (12) Summarizing actions taken by the department to implement recommendations contained in the recession plan previously submitted in accordance with subdivision (b). (b) (1) The department shall provide a copy of the recession plan to the Joint Legislative Budget Committee, the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, and the Department of Finance by March 1, 2022, and update the recession plan and provide a copy to the Joint Legislative Budget Committee, the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, and the Department of Finance every second year thereafter. (2) The report shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2022, Ch. 119, Sec. 1. (AB 2129) Effective January 1, 2023.)
  198. 339.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must study whether unemployment insurance benefits should be extended to self-employed individuals and must submit the study by December 1, 2023.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 339.5. (a) The department shall conduct a feasibility study that examines the idea of extending unemployment insurance benefits to self-employed individuals and reports on what actions are necessary to implement the expansion. (b) The feasibility study shall include, at a minimum, all of the following: (1) The feasibility of including self-employed individuals in the existing unemployment insurance structure. (2) The type of financing structure that would be appropriate for self-employed individuals. (3) The benefit determination structure that would be appropriate for self-employed individuals. (4) Fraud mitigation considerations. (5) Documentation and tracking necessities. (c) By December 1, 2023, the department shall complete and submit the feasibility study to the Legislature, in compliance with Section 9795 of the Government Code, and to the Senate Committee on Labor, Public Employment and Retirement. (Added by Stats. 2022, Ch. 836, Sec. 1. (SB 1138) Effective January 1, 2023.)
  199. 340.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must submit a plan, an update report, and then an annual analysis about the effectiveness of its fraud prevention and detection tools to specified legislative committees.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment Development Department [301 - 340] ( Heading of Article 1 amended by Stats. 1977, Ch. 1252. ) ## 340. (a) (1) The department shall provide a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. (2) The department shall provide a report with an update on its progress on performing the assessment that the plan identified pursuant to paragraph (1) by July 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. (b) On or before January 1, 2023, and annually thereafter, the department shall analyze and assess the effectiveness of its fraud prevention and detection tools and shall submit this analysis and assessment to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. Details on fraud methods and tools may be generalized, excluded, or redacted to protect the fraud deterrence practices of the department. (c) The plan, assessments, and reports required by this section shall be provided consistent with the requirements of Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 78, Sec. 7. (AB 138) Effective July 16, 2021.)
  200. 3501.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. )

    Verify source ↗

    This section states the purpose of the part: to partly compensate individuals for added wage loss from extended unemployment during prolonged periods of cyclical and technological unemployment in California.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. ) ## 3501. The purpose of this part is to compensate in part for the added wage loss sustained by individuals because of the extended duration of unemployment during prolonged periods of cyclical and technological unemployment in California. This part may be cited as the “Miller-Collier Act.” (Added by Stats. 1959, Ch. 2035.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.