Interstate and Federal Cooperation for UI Administration
The Attorney General may commence action in any other jurisdiction
By Chris Micheli, September 24, 2024 2:30 am
California’s Unemployment Insurance Code, in Division 1, Part 1, Chapter 2, Article 4, provides for interstate and federal cooperation. Section 451 provides that the administration of this division and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this State and other states and the appropriate federal agencies in exchanging services, and making available facilities and information.
In addition, the director may make investigations, secure and transmit information, make available services and facilities and exercise the other powers provided with respect to the administration of this division which the director finds necessary or appropriate to facilitate the administration of any state or federal unemployment compensation or public employment service law, and may accept and utilize information, services and facilities made available to this State by an agency charged with the administration of any other state or federal law.
Section 452 provides that, to the extent permissible under the laws and Constitution of the United States, the director may enter into or cooperate in arrangements whereby facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the Unemployment Insurance Law of this State or a similar law of the government.
Section 453 states that, in order to encourage cooperation between this state and other states in the enforcement of the unemployment insurance law of each state and to further coordinate the nationwide system of unemployment insurance in the United States and its territories the courts of this state must recognize and enforce liabilities for unemployment contributions, penalties, interest, and benefit overpayments imposed by other states which extend a like comity to this state.
In addition, the Attorney General may commence action in any other jurisdiction by and in the name of the department to collect unemployment contributions, penalties, interest, and benefit overpayments legally due this state. The AG may also commence action in this state as agent for and on behalf of any other state to enforce judgments and liabilities for unemployment insurance contributions, penalties, interest and benefit overpayments due such state which extends a like comity to this state.
Section 454 authorizes the director to enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government. Section 455 states that the director may enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government.
Section 455.5 requires the state to participate in any arrangements for the payment of compensation on the basis of combining an individual’s wages and employment covered under this division with their wages and employment covered under the unemployment compensation law of other states which are approved by the Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations.
Section 455.7 prohibits benefits from being denied or reduced to an individual solely because he or she files a claim in another state, or a contiguous country with which the United States has an agreement with respect to unemployment compensation, or because he resides in another state or such a contiguous country at the time he files a claim for unemployment compensation.
Section 456 allows the director to enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government, or both, whereby employer contributions due under this part with respect to wages for employment are deemed to have been paid to the Unemployment Fund of this State as of the date payment of such contributions was made under another state or federal unemployment compensation law.
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