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Extended Unemployment Compensation General Provisions

The Governor can suspend, if permitted by federal law, the payment of extended duration benefits

By Chris Micheli, September 23, 2024 2:30 am

In the California Unemployment Insurance Code, Chapter 1, there are general provisions related to extended unemployment compensation. Section 3501 states that 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.”

Section 3502 provide that, in case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part prevail with respect to extended unemployment compensation.

Section 3503 defines the following terms: “extended duration benefits,” “normal benefits,” “exhaustee,” “insurance unemployment rate,” “extended benefit period,” “primary claim,” “extended duration award,” “extended duration period,” “parent benefit year,” and “federal act.”

Section 3504 requires the director, during the week immediately preceding each calendar week, to compute the insured unemployment rate for that calendar week. The computation is a public record.

Section 3505 states that no payment of extended duration benefits are to be made to any individual for any week or part of any week with respect to which they are entitled to receive unemployment compensation benefits as a result of participation by this state pursuant to the provision of any federal law providing for the payment of such benefits or as a result of the application in any other manner to this state of any federal law providing for the payment of such benefits.

The individual is not to be paid extended duration benefits for any week for which he or she receives federal benefits. An individual may be paid extended duration benefits with respect to a parent benefit year only to the extent that the total amount of such extended duration benefits and benefits paid under the federal act since the beginning of the parent benefit year does not exceed 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during that parent benefit year, whichever is the lesser.

Section 3506 authorizes the Governor to suspend, if permitted by federal law, the payment of extended duration benefits under this part, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by federal law and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits.

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