Federal-State Extended Compensation General Provisions

In the California Unemployment Insurance Code, Division 1, Part 4, Chapter 1, there are general provisions related to federal-state extended compensation. Section 4001 explains that the purpose of this part is to provide that payment of extended compensation, in accordance with the “Federal-State Extended Unemployment Compensation Act of 1970”, is required to be made, for any week of unemployment which begins in the individual’s eligibility period, to individuals who have exhausted all rights to regular compensation under this division and who have no rights to regular compensation.

An individual has exhausted their rights to regular compensation under any state law when no payments of regular compensation can be made under the law because the individual has received all regular compensation available to them based on wage credits for their base period, or when their rights to the compensation have terminated by reason of the expiration of the benefit year with respect to which rights existed.

Section 4002 deals with conflicts in laws and which ones prevail with respect to federal-state extended benefits. Section 4003 specifies that the provisions and definitions of terms in the Federal-State Extended Unemployment Compensation Act of 1970 apply to this part. “Federal-state extended benefits” means benefits payable under this part.

To the extent that the provisions and definitions of terms in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) are in effect in federal law and are in conflict with, or supplement the provisions and definitions applicable here, the provisions and definitions of the American Recovery and Reinvestment Act of 2009 will apply to this part.

In addition, there is an “on” indicator for purposes of federal-state extended benefits for a week if one of the four specified circumstances applies. There is an “off” indicator for a week if, for the period consisting of that week, and the 12 weeks immediately preceding the week, none of the criteria results in an “on” indicator.

The Governor may, if permitted by federal law, suspend 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 laws and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits.

Section 4004 requires the department to establish, for each eligible individual who files an application therefor, an extended compensation account with respect to the individual’s benefit year. The amount established in that account cannot be not less than specified data.

The amount determined cannot be reduced by the aggregate amount of additional compensation paid to the individual for prior weeks of unemployment in a benefit year that did not begin in an extended benefit period. The term “high unemployment period” is defined.