1326-1345

UNEMPLOYMENT INSURANCE CODE
SECTION 1326-1345




1326.  Claims for unemployment compensation benefits shall be made
in accordance with authorized regulations of the director. Except as
otherwise provided in this article, the department shall promptly pay
benefits if it finds the claimant is eligible or shall promptly deny
benefits if it finds the claimant is ineligible.




1327.  The department shall 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 so notified shall 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 under Section 1256. 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 shall, 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.



1328.  The department shall consider the facts submitted by an
employer pursuant to Section 1327 and make a determination as to the
claimant's eligibility for benefits. The department shall promptly
notify the claimant and any employer who prior to the determination
has submitted any facts or given any notice pursuant to Section 1327
or this section and authorized regulations of the determination or
reconsidered determination and the reasons therefor. If after notice
of a determination or reconsidered determination the employing unit
acquires knowledge of facts which may affect the eligibility of the
claimant and those facts could not reasonably have been known within
the 10-day period provided by Section 1327, the employing unit shall
within 10 days of acquiring that knowledge submit those facts to the
department, and the 10-day period may be extended for good cause. The
claimant and any such employer may appeal from a determination or
reconsidered determination to an administrative law judge within 20
days from mailing or personal service of notice of the determination
or reconsidered determination. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal.



1329.  (a) Upon the filing of a new claim for benefits, the
department shall promptly make a computation on the claim that shall
set forth the maximum amount of benefits potentially payable during
the benefit year, and the weekly benefit amount. The department shall
promptly notify the claimant of the computation and the method of
computation. The department shall promptly notify each of the
claimant's base period employers of the computation after the payment
of the first weekly benefit.
   (b) The department shall promptly notify each of the claimant's
base period employers of the computation on the claim that shall set
forth the number of weeks that the claimant will be eligible for
benefits in the benefit year, the weekly benefit amount, and the
maximum amount of benefits potentially payable during the benefit
year, based on a determination of eligibility under Article 1.5
(commencing with Section 1266).



1329.1.  A claim for unemployment compensation benefits may be
canceled if all of the following apply:
   (a) The individual has not been deemed ineligible for unemployment
compensation benefits.
   (b) The individual has not been overpaid unemployment compensation
benefits.
   (c) The individual has not collected unemployment compensation
benefits.



1329.5.  For purposes of a claim for unemployment benefits under
subdivision (b) of Section 1275, all of the following apply:
   (a) Computation using the last four completed calendar quarters
shall be based on available wage information processed as of the
close of business on the day preceding the date of application.
   (b) If the wage information is not already in the department's
system, the department shall request the information from the
employer, and the employer shall, within 10 days after the mailing of
the request from the department, transmit to the department
information on the employee's wages and any other information
relevant to the request. The 10-day period may be extended for good
cause.
   (c) If the wage, and other relevant information, requested
pursuant to subdivision (b) are not received by the department, the
department shall accept an affidavit of wages and other relevant
information from the claimant in accordance with authorized
regulations. These regulations shall be adopted as emergency
regulations.
   (d) A determination of benefits made pursuant to subdivision (b)
of Section 1275 shall be adjusted when the quarterly wage report from
the employer is received if that information causes a change in the
determination.
   (e) Except in the event of fraud, if it is determined that any
information provided by the claimant on an affidavit is erroneous, no
penalty or refund of benefits shall be imposed on the claimant for
the period prior to the calendar week in which an employer provides
subsequent wage information.



1330.  The claimant and any base period employer to whom a notice of
computation or recomputation is given may, within 20 days after the
mailing or personal service of such notice, protest the accuracy of
the computation or recomputation. The 20-day period may be extended
for good cause. The department shall consider any such protest and
shall promptly notify the claimant and the base period employer
submitting the protest of the recomputation or denial of
recomputation. An appeal may be taken from a notice of denial of
recomputation in the manner prescribed in Section 1328. The director
shall be an interested party to any appeal.
   "Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.



1331.  Any base period employer shall, 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 Section 1327 which may affect the claimant's
eligibility for benefits. The 15-day period may be extended for good
cause. If after such 15-day period the employing unit acquires
knowledge of facts which may affect the eligibility of the claimant
and such facts could not reasonably have been known within the
period, the employing unit shall, within 10 days of acquiring such
knowledge, submit such facts to the department. The 10-day period may
be extended for good cause. The department shall make a
determination or reconsidered determination thereon and shall
promptly notify the claimant and the base period employer submitting
the facts of the determination or reconsidered determination and the
reasons therefor. An appeal may be taken in the manner prescribed in
Section 1328. The director shall be an interested party to any
appeal.



1332.  (a) The department shall promptly serve notice of any
determination of eligibility for benefits under this part or Part 3
or Part 4 of this division 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
pursuant to Sections 1327 and 1331. Service shall be made personally
or by mail. Failure to serve this notice shall not affect the
determination of eligibility.
   (1) "Notice" is that notification which apprises the party of a
determination of eligibility and allows that party to respond
accordingly.
   (2) If the department is or should be aware that the notice was
not received by the party to whom it was addressed, including, but
not limited to, the return to the department of the notice by the
United States Post Office, the department shall reissue the notice at
such time as the department can determine a corrected mailing
address for the affected party or otherwise ensure receipt. The
affected party shall have appeal rights pursuant to subdivisions (b)
and (c), and pursuant to Section 1328.
   (b) The department may for good cause reconsider any determination
within 15 days after an appeal to an administrative law judge is
filed. If no appeal is filed, the department may for good cause
reconsider any determination within 20 days after mailing or personal
service of the notice of determination. The department may, if a
claimant has not filed an appeal to an administrative law judge from
any determination which finds that a claimant is ineligible or
disqualified, or if an appeal has been filed but is either withdrawn
or dismissed, for good cause also reconsider the determination during
the benefit year or extended duration period or extended benefit
period to which the determination relates. The department shall give
notice of any reconsidered determination to the claimant and any
employer or employing unit which received notice under Sections 1328
and 1331 and the claimant or employer may appeal therefrom in the
manner prescribed in Section 1328.
   The director shall designate individuals to review and reconsider
appealed determinations. No individual designated shall be the same
individual who made the initial determination in the same matter.
   (c) The department may for good cause reconsider any computation
or recomputation provided for in this article during the benefit year
or extended duration period to which the notice of computation or
recomputation relates, except that no recomputation may be considered
with respect to any issue considered or under consideration in an
appeal taken from a denial of recomputation. The department shall
promptly notify the claimant and each of the claimant's base period
employers of the recomputation. The claimant and any base period
employer may protest the accuracy of the recomputation as prescribed
in Section 1330.


1332.5.  Notwithstanding any other provision of this division 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,
shall not apply in any case of fraud, misrepresentation or willful
nondisclosure.



1333.  Notices, protests, and information required under this
article shall be submitted in accordance with authorized regulations.



1334.  An administrative law judge after affording a reasonable
opportunity for fair hearing, shall, unless such appeal is withdrawn,
affirm, reverse, modify, or set aside any determination which is
appealed under this article. The claimant, any employer becoming a
party to the appeal by submitting a protest or information pursuant
to Sections 1326 to 1333, inclusive, of this article, and the
director shall be promptly notified in writing of the administrative
law judge's decision, together with his reasons therefor. The
decision shall be final unless, within 20 days after mailing of such
decision, further appeal is initiated to the appeals board pursuant
to Section 1336. The 20-day limitation may be extended for good
cause.
   "Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.



1335.  If an appeal is filed, benefits with respect to the period
prior to the final decision on the appeal shall be paid only after
the decision, except that:
   (a) If benefits for any week are payable in accordance with a
determination by the department irrespective of any decision on the
issues set forth in the appeal, such benefits shall be promptly paid
regardless of such appeal.
   (b) If an administrative law judge affirms a determination
allowing benefits, such benefits shall be promptly paid regardless of
any appeal which may thereafter be taken, and regardless of any
action taken under Section 1336 or otherwise by the director, appeals
board, or other administrative body or by any court.
   If the determination is finally reversed, no employer's account
shall be charged with benefits paid because of that determination,
except as provided in Section 1026.
   (c) If benefits for any week are payable in accordance with a
determination by the department, or an administrative law judge
issues a decision allowing benefits, the benefits shall be promptly
paid regardless of any appeal, and regardless of any action taken by
the appeals board pursuant to Section 412 or 413. If the
determination of the department or the decision of the administrative
law judge is finally reversed, no employer's reserve account shall
be charged with benefits paid pursuant to this subdivision, except as
provided in Section 1026.


1336.  The director or any party to a decision by an administrative
law judge may 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 shall promptly notify the
director and the parties to any appeal of its order or decision.



1337.  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 shall be commenced within 60 days
after the submission of the appeal, and the decision of the board
shall be mailed within 60 days after completion of the hearing.



1338.  If the appeals board issues a decision allowing benefits the
benefits shall 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 shall be charged with the benefits
paid pursuant to this section, except as provided in Section 1026.



1339.  (a) The department shall pay unemployment compensation
benefits through public employment offices or such other agency as
may be prescribed by authorized regulations of the director.
   (b) Each check or certification (pay order) issued in payment of
unemployment insurance compensation benefits shall have prominently
imprinted upon it: "State unemployment insurance benefits under the
California Unemployment Insurance Code are paid for by employers."



1340.  Minors who are eligible for benefits may be paid and receive
benefits in their own right, and a receipt signed by a minor shall be
valid and binding.


1341.  Benefits due a deceased or legally declared incompetent
person may be paid to such 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. Such payment shall be made upon affidavit executed by
the person or persons claiming to be entitled to the benefits and the
receipt of the affidavit or affidavits shall fully discharge the
Director of Employment Development from any further liability with
reference to the payments, without the necessity of inquiring into
the truth of any of the facts stated in the affidavit.




1342.  Any waiver by any person of any benefit or right under this
code is invalid, except as provided by Sections 1255.7, 1342.1, 1345,
and 2630. Benefits under this code, incentive payments provided by
Division 2 (commencing with Section 5000), 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, except as provided by Sections 1255.7,
1342.1, 1345, and 2630. Any agreement by any individual in the employ
of any person or concern to pay all or any portion of the
contributions required of his or her employer under this division is
void.



1342.1.  (a) An individual filing a new claim for unemployment
compensation shall, at the time of filing the claim, be advised that:
   (1) Unemployment compensation and disability insurance benefits,
when paid in lieu of unemployment compensation, are subject to
federal income tax.
   (2) Requirements exist pertaining to estimated tax payments.
   (3) The individual may elect to have federal income tax deducted
and withheld from the compensation at the amount specified in the
Internal Revenue Code.
   (4) The individual is permitted to change a previously elected
withholding status.
   (b) Amounts deducted and withheld from unemployment and disability
compensation shall be made in accordance with procedures specified
by the United States Department of Labor and Internal Revenue Service
pertaining to the deducting and withholding of income tax, and in
accordance with the priorities established in department regulations
developed by the director.



1345.  (a) An individual covered by a voluntary plan approved under
Section 3254 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, appointed under Section 1096, 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 following
requirements are satisfied:
   (1) The individual has given written authorization for the
redirection of a weekly dollar amount of voluntary plan benefits for
the payment of the employee-paid benefits.
   (2) The individual may terminate or change the terms of the
voluntary redirection of benefits paid at any time while receiving
benefits under the voluntary plan.
   (b) Any request to redirect benefits as provided in subdivision
(a) shall be in writing. The form of employee authorization required
under this section shall be approved by the director.
   (c) In no event shall disability benefits payments be delayed
because an individual elects to redirect a portion of his or her
benefits payable under this division.
   (d) Should an individual be legally declared incompetent, the
spouse of the individual, in the absence of any other legally
authorized representative, shall have the right to continue or cancel
the authorization.