Determination and Payment of UI Benefits in California

California’s Unemployment Insurance Code in Division 1, Part 1, Chapter 5, Article 3 deals with the filing, determination, and payment of unemployment compensation benefit claims in this state. Section 1326 provides that claims for unemployment compensation benefits are made in accordance with authorized regulations of the director. Except as otherwise provided in this article, the department must promptly pay benefits if it finds the claimant is eligible or promptly deny benefits if it finds the claimant is ineligible.

Section 1326.5 requires an individual to maintain his or her eligibility to file continued claims during a continuous period of unemployment, submit a continued claim not more than 14 days from the end of the last week’s ending date shown on the continued claim, or not more than 14 days from the date the department issued that continued claim, whichever is later, unless the department finds good cause for the individual’s delay in submitting the continued claim.

Section 1326.8 requires the department to request any personal identification information required from the claimant under this part in accordance with the most recent federal standards, relating to technical requirements for implementing digital identity services.

Section 1327 requires the department to give a notice of the filing of a new or additional claim to the employing unit by which the claimant was last employed immediately preceding the filing of the claim unless the additional claim is the result of the filing of a partial claim as defined by the department, there has not been a subsequent employing unit which is designated as the last employer, and there is no separation issue.

The employing unit notified must submit within 10 days after the mailing of the notice any facts then known that may affect the claimant’s eligibility for benefits, including, but not limited to, facts pertaining to eligibility. The 10-day period may be extended for good cause. If after the 10-day period the employing unit acquires knowledge of facts that may affect the eligibility of the claimant and facts could not reasonably have been known within the period, the employing unit must, within 10 days of acquiring the knowledge, submit the facts to the department, and the 10-day period may also be extended for good cause.

Section 1328 requires the department to consider the facts submitted by an employer and make a determination as to the claimant’s eligibility for benefits. The department must promptly notify the claimant and any employer who before the determination has submitted facts or given notice and authorized regulations of the determination or reconsidered determination and the reasons therefor.

Section 1329 says that, upon the filing of a new claim for benefits, the department must promptly make a computation on the claim that sets forth the maximum amount of benefits potentially payable during the benefit year, and the weekly benefit amount. The department must promptly notify the claimant of the computation and the method of computation.

Section 1329.1 provides that a claim for unemployment compensation benefits may be canceled if all of the four specified conditions apply.

Section 1329.5 specifies that, for purposes of a claim for unemployment benefits, five specified provisions apply.

Section 1330 states that the claimant and any base period employer to whom a notice of computation or recomputation is given may, within 30 days after the service of the notice, protest the accuracy of the computation or recomputation. The 30-day period may be extended for good cause. The term “good cause” is defined for this section.

Section 1331 provides that any base period the employer must, within 15 days after mailing of a notice of computation, submit to the department any facts then known which he or she was not previously required to submit to the department under which may affect the claimant’s eligibility for benefits. The 15-day period may be extended for good cause.

Section 1332 requires the department to promptly serve notice of any determination of eligibility for benefits on the claimant and on any employer or employing unit which prior to this determination has furnished the department with information regarding the claimant’s eligibility.

Section 1332.5 says that any provision that prescribes time limits within which the department may reconsider any determination, ruling, or computation or any provision that otherwise restricts or prevents such reconsideration, does not apply in any case of fraud, misrepresentation or willful nondisclosure.

Section 1333 specifies that notices, protests, and information required under this article are to be submitted in accordance with authorized regulations.

Section 1334 provides that an administrative law judge after affording a reasonable opportunity for fair hearing, must, unless the appeal is withdrawn, affirm, reverse, modify, or set aside any determination that is appealed under this article.

Section 1335 specifies that, if an appeal is filed, benefits with respect to the period prior to the final decision on the appeal are to be paid only after the decision with three specified exceptions.

Section 1336 allows the director or any party to a decision by an administrative law judge to appeal to the appeals board from the decision. The appeals board may order the taking of additional evidence and may affirm, reverse, modify, or set aside the decision of the administrative law judge. The appeals board must promptly notify the director and the parties to any appeal of its order or decision.

Section 1337 states that the decision of the appeals board on an appeal from the decision of an administrative law judge must be rendered within 60 days after the submission of the appeal unless the board requires the taking of further evidence. If the appeals board requires the taking of further evidence, the hearing must be commenced within 60 days after the submission of the appeal, and the decision of the board must be mailed within 60 days after completion of the hearing.

Section 1338 provides that, if the appeals board issues a decision allowing benefits, the benefits to be paid regardless of any further action taken by the director, the appeals board, or any other administrative agency, and regardless of any appeal or mandamus, or other proceeding in the courts. If the decision of the appeals board is finally reversed or set aside, no employer’s account will be charged with the benefits paid.

Section 1339 requires the department to pay unemployment compensation benefits through public employment offices or such other agency as may be prescribed by authorized regulations of the director. In addition, the department must provide a person entitled to receive unemployment compensation benefits the option to receive payments by direct deposit into a qualifying account of the recipient’s choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks.

Section 1339.1 provides that, if unemployment compensation benefit payments are directly deposited to an account of the recipient’s choice, the payments may only be deposited to an account that meets the requirements of a qualifying account for deposit of public assistance payments, including unemployment compensation benefits. The terms “qualifying account,” “insured depository financial institution,” and “prepaid account” are defined.

Section 1340 says that minors who are eligible for benefits may be paid and receive benefits in their own right, and a receipt signed by a minor will be valid and binding.

Section 1341 specifies that benefits due a deceased or legally declared incompetent person may be paid to the person or persons as appears to the Director of Employment Development to be legally entitled thereto in accordance with authorized regulations of the Director of Employment Development.

Section 1342 provides that any waiver by any person of any benefit or right under this code is invalid, with certain exceptions. Benefits under this code, incentive payments, and payments to an individual under a plan or system established by an employer which makes provisions for his or her employees generally, or for a class or group of his or her employees, for the purpose of supplementing unemployment compensation benefits, are not subject to assignment, release, or commutation, with exceptions.

Section 1342.1 requires an individual filing a new claim for unemployment compensation to, at the time of filing the claim, be advised that four specified conditions apply. In addition, amounts deducted and withheld from unemployment and disability compensation are to be made in accordance with procedures specified by the USDOL and IRS pertaining to the deducting and withholding of income tax, and in accordance with the priorities established in department regulations developed by the director.

Section 1345 provides that an individual covered by a voluntary plan may, at the time he or she applies for voluntary plan benefits or at any time while receiving voluntary plan benefits, voluntarily choose to allow his or her employer or an agent of the employer, to redirect a portion of the voluntary plan benefits payable under this code to cover all or part of the cost of employee-paid benefits, if both the specified requirements are satisfied.