2007 California Unemployment Insurance Code Chapter 1. General Provisions

CA Codes (uic:4001-4004)

4001.  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", as amended by the Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), shall 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 with respect to such week under this division or
any other state unemployment compensation law or to compensation
under any other federal law.  For purposes of this section, an
individual shall have exhausted his rights to regular compensation
under any state law (A) when no payments of regular compensation can
be made under such law because such individual has received all
regular compensation available to him based on wage credits for his
base period, or (B) when his rights to such compensation have
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.  Except where inconsistent with
the provisions of the "Federal-State Extended Unemployment
Compensation Act of 1970", as amended by the Omnibus Budget
Reconciliation Act of 1981 (Public Law 97-35), the terms and
conditions of this division which apply  to claims for regular
compensation and to the payment thereof shall apply to claims for
extended compensation and to the payment thereof under such federal
act.  This part shall be operative on September 25, 1982, and
extended compensation shall be payable as provided by the
Federal-State Extended Unemployment Compensation Act of 1970, as
amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law
97-35), subject to limitations provided by that act, with respect to
weeks of unemployment and extended benefit periods beginning after
September 25, 1982.  The provisions of this section in effect prior
to the amendments by the Omnibus Budget Reconciliation Act of 1981
shall continue to apply to weeks beginning after November 28, 1970,
and before September 25, 1982.



4002.  (a) Except as otherwise provided, the provisions and
definitions of Part 1 (commencing with Section 100) 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 federal-state extended benefits.
   (b) Except as otherwise provided, subdivision (d) of Section 1253,
and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330,
and 1331 do not apply to this part.
   (c) The provisions of Part 2 (commencing with Section 2601) of,
and of Part 3 (commencing with Section 3501) do not apply to this
part.


4003.  (a) The provisions and definitions of terms in the
"Federal-State Extended Unemployment Compensation Act of 1970," as
amended by the federal Omnibus Budget Reconciliation Act of 1981
(Public Law 97-35), apply to this part. "Federal-state extended
benefits" means benefits payable under this part.
   (b) There is an "on" indicator for purposes of federal-state
extended benefits for a week in which the rate of insured
unemployment for that week and the immediately preceding 12 weeks
equals or exceeds either of the following:
   (1) One hundred twenty percent of the average of the rates for the
corresponding 13-week period ending in each of the preceding two
calendar years, and equals or exceeds 5 percent.
   (2) Six percent.
   (c) There is an "off" indicator for a week in which the rate of
insured unemployment for that week and the immediately preceding 12
weeks is less than 6 percent and also less than either of the
following:
   (1) One hundred twenty percent of the average of the rates for the
corresponding 13-week period ending in each of the preceding two
calendar years.
   (2) Five percent.
   (d) For purposes of this section, the rate of insured unemployment
for a 13-week period shall be determined by reference to the average
monthly covered employment for the first four of the most recent six
calendar quarters ending before the close of the period.  This
section shall be effective with respect to compensation for weeks of
unemployment after September 25, 1982.  The provisions of this
section in effect prior to that date shall continue to apply to weeks
after March 30, 1977, but prior to September 25, 1982.
   (e) The indicators specified in subdivisions (b) and (c) shall be
operative only if mandated or permitted by federal law.  Any
amendments to the Federal-State Extended Unemployment Compensation
Act of 1970, enacted before January 1, 1983, which mandate or permit
any reduction in the insured unemployment rate indicator described in
this section shall be operative on the effective date of the
amendment.
   (f) Notwithstanding any other provision of this part, 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 the federal Emergency Unemployment Compensation Act of
1991 (P.L. 102-164) or any extension of that act including, but not
limited to, Public Law 102-244, and that the state receives maximum
reimbursement from the federal government for the payment of those
emergency benefits.


4004.  (a) The department shall establish, for each eligible
individual who files an application therefor, an extended
compensation account with respect to such individual's benefit year.
The amount established in such account, subject to subdivision (b)
of this section, shall be not less than whichever of the following is
the least:
   (1) Fifty percent of the total amount of regular compensation
payable to him during such benefit year under this division.
   (2) Thirteen times his average weekly benefit amount.
   (3) Thirty-nine times his average weekly benefit amount, reduced
by the regular compensation paid to him during such benefit year
under this division.
   (b) The amount determined under subdivision (a) of this section
shall be reduced by the aggregate amount of additional compensation
paid to the individual under Part 3 (commencing with Section 3501) of
this division for prior weeks of unemployment in such benefit year
which did not begin in an extended benefit period.
   (c) For purposes of subdivision (a) of this section, an individual'
s weekly benefit amount for a week is the amount of regular
compensation under Part 1 (commencing with Section 100) of this
division payable to such individual for such week of total
unemployment.