Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1066Introduced by Assembly Member GonzalezFebruary 21, 2019 An act to amend Section 1253.3 1262 of the Unemployment Insurance Code, relating to unemployment compensation. compensation, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1066, as amended, Gonzalez. Unemployment insurance: extended duration trade disputes: eligibility for benefits. Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Existing law makes unemployment compensation benefits, extended duration benefits, and federal-state extended benefits payable on the basis of service to which a specified federal tax law applies, except as provided.Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute.This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute.Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.This bill would make nonsubstantive changes in the latter provision.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1262 of the Unemployment Insurance Code is amended to read:1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.SECTION 1.Section 1253.3 of the Unemployment Insurance Code is amended to read:1253.3.(a)Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service to which Section 3309(a)(1) of the Internal Revenue Code of 1986 applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section.(b)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to service in an instructional, research, or principal administrative capacity for an educational institution are not payable to any individual with respect to any week which begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual performs services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services for any educational institution in the second of the academic years or terms.(c)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to service in any other capacity than specified in subdivision (b) for an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, if the individual was not offered an opportunity to perform the services for an educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision. Retroactive benefits shall be claimed in accordance with the departments procedures which shall specify that except where the individual was entitled to benefits based on services performed for other than an educational institution, an individual who has a reasonable assurance of reemployment may satisfy the search for work requirement of subdivision (e) of Section 1253, by registering for work pursuant to subdivision (b) of Section 1253 during the period between the first and second academic terms or years. A claim for retroactive benefits may be made no later than 30 days after the commencement of the second academic year or term.(d)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to services specified by subdivision (b) or (c), are not payable to any individual with respect to any week that commences during an established and customary vacation period or holiday recess if the individual performs the services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.(e)With respect to any services specified by subdivision (b) or (c), compensation payable on the basis of services in that capacity may be denied as specified in subdivision (b), (c), or (d) to any individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose the term educational service agency means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing the services to one or more educational institutions.(f)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, are not payable during the periods of time, and subject to the same conditions, contained in subdivisions (b), (c), (d), and (h), if the services are provided to, or on behalf of, an educational institution.(g)For purposes of this section, reasonable assurance includes, but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that they will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance.(h)For purposes of this section, if the time for service performed during the period of and pursuant to any contract for any academic year or term by an individual for any employing unit as specified in subdivision (b) or (c) constitutes one-half or more of the time in total service performed for the employing unit by the individual during that same period for remuneration, all the services of the individual for the employing unit for that period shall be deemed subject to the benefit payment restriction provisions of this section.(i)Any entity as defined by Section 605, with respect to any individual performing a service in any other capacity other than specified in subdivision (b) for an educational institution, shall provide a written statement indicating the following to the individual no later than 30 days before the end of the first of the academic years or terms:(1)Whether or not there is a reasonable assurance of reemployment.(2)Whether or not it is stated that the individual has no reasonable assurance of reemployment, that the individual should file a claim for benefits at the close of the academic year or term.(3)If it is stated that the individual has reasonable assurance of reemployment, the written statement shall also inform the employee that they may file a claim for benefits and that the determination for eligibility for benefits is made by the department and not by the employer.(4)If it is stated that the individual has reasonable assurance of reemployment, that the individual shall be entitled to a retroactive payment of benefits if the individual is not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, if the individual is otherwise eligible and the individual filed a claim for each week benefits are claimed, and if a claim for retroactive benefits is made no later than 30 days after the commencement of the second academic year or term.
Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1066Introduced by Assembly Member GonzalezFebruary 21, 2019 An act to amend Section 1253.3 1262 of the Unemployment Insurance Code, relating to unemployment compensation. compensation, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1066, as amended, Gonzalez. Unemployment insurance: extended duration trade disputes: eligibility for benefits. Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Existing law makes unemployment compensation benefits, extended duration benefits, and federal-state extended benefits payable on the basis of service to which a specified federal tax law applies, except as provided.Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute.This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute.Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.This bill would make nonsubstantive changes in the latter provision.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 26, 2019
Amended IN Assembly March 26, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1066
Introduced by Assembly Member GonzalezFebruary 21, 2019
Introduced by Assembly Member Gonzalez
February 21, 2019
An act to amend Section 1253.3 1262 of the Unemployment Insurance Code, relating to unemployment compensation. compensation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1066, as amended, Gonzalez. Unemployment insurance: extended duration trade disputes: eligibility for benefits.
Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Existing law makes unemployment compensation benefits, extended duration benefits, and federal-state extended benefits payable on the basis of service to which a specified federal tax law applies, except as provided.Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute.This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute.Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.This bill would make nonsubstantive changes in the latter provision.
Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Existing law makes unemployment compensation benefits, extended duration benefits, and federal-state extended benefits payable on the basis of service to which a specified federal tax law applies, except as provided.
Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes.
Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute.
This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute.
Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.
This bill would make nonsubstantive changes in the latter provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1262 of the Unemployment Insurance Code is amended to read:1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.SECTION 1.Section 1253.3 of the Unemployment Insurance Code is amended to read:1253.3.(a)Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service to which Section 3309(a)(1) of the Internal Revenue Code of 1986 applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section.(b)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to service in an instructional, research, or principal administrative capacity for an educational institution are not payable to any individual with respect to any week which begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual performs services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services for any educational institution in the second of the academic years or terms.(c)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to service in any other capacity than specified in subdivision (b) for an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, if the individual was not offered an opportunity to perform the services for an educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision. Retroactive benefits shall be claimed in accordance with the departments procedures which shall specify that except where the individual was entitled to benefits based on services performed for other than an educational institution, an individual who has a reasonable assurance of reemployment may satisfy the search for work requirement of subdivision (e) of Section 1253, by registering for work pursuant to subdivision (b) of Section 1253 during the period between the first and second academic terms or years. A claim for retroactive benefits may be made no later than 30 days after the commencement of the second academic year or term.(d)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to services specified by subdivision (b) or (c), are not payable to any individual with respect to any week that commences during an established and customary vacation period or holiday recess if the individual performs the services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.(e)With respect to any services specified by subdivision (b) or (c), compensation payable on the basis of services in that capacity may be denied as specified in subdivision (b), (c), or (d) to any individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose the term educational service agency means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing the services to one or more educational institutions.(f)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, are not payable during the periods of time, and subject to the same conditions, contained in subdivisions (b), (c), (d), and (h), if the services are provided to, or on behalf of, an educational institution.(g)For purposes of this section, reasonable assurance includes, but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that they will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance.(h)For purposes of this section, if the time for service performed during the period of and pursuant to any contract for any academic year or term by an individual for any employing unit as specified in subdivision (b) or (c) constitutes one-half or more of the time in total service performed for the employing unit by the individual during that same period for remuneration, all the services of the individual for the employing unit for that period shall be deemed subject to the benefit payment restriction provisions of this section.(i)Any entity as defined by Section 605, with respect to any individual performing a service in any other capacity other than specified in subdivision (b) for an educational institution, shall provide a written statement indicating the following to the individual no later than 30 days before the end of the first of the academic years or terms:(1)Whether or not there is a reasonable assurance of reemployment.(2)Whether or not it is stated that the individual has no reasonable assurance of reemployment, that the individual should file a claim for benefits at the close of the academic year or term.(3)If it is stated that the individual has reasonable assurance of reemployment, the written statement shall also inform the employee that they may file a claim for benefits and that the determination for eligibility for benefits is made by the department and not by the employer.(4)If it is stated that the individual has reasonable assurance of reemployment, that the individual shall be entitled to a retroactive payment of benefits if the individual is not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, if the individual is otherwise eligible and the individual filed a claim for each week benefits are claimed, and if a claim for retroactive benefits is made no later than 30 days after the commencement of the second academic year or term.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1262 of the Unemployment Insurance Code is amended to read:1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.
SECTION 1. Section 1262 of the Unemployment Insurance Code is amended to read:
### SECTION 1.
1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.
1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.
1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.
1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.
(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.
(a)Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service to which Section 3309(a)(1) of the Internal Revenue Code of 1986 applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section.
(b)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to service in an instructional, research, or principal administrative capacity for an educational institution are not payable to any individual with respect to any week which begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual performs services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services for any educational institution in the second of the academic years or terms.
(c)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to service in any other capacity than specified in subdivision (b) for an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, if the individual was not offered an opportunity to perform the services for an educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision. Retroactive benefits shall be claimed in accordance with the departments procedures which shall specify that except where the individual was entitled to benefits based on services performed for other than an educational institution, an individual who has a reasonable assurance of reemployment may satisfy the search for work requirement of subdivision (e) of Section 1253, by registering for work pursuant to subdivision (b) of Section 1253 during the period between the first and second academic terms or years. A claim for retroactive benefits may be made no later than 30 days after the commencement of the second academic year or term.
(d)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to services specified by subdivision (b) or (c), are not payable to any individual with respect to any week that commences during an established and customary vacation period or holiday recess if the individual performs the services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
(e)With respect to any services specified by subdivision (b) or (c), compensation payable on the basis of services in that capacity may be denied as specified in subdivision (b), (c), or (d) to any individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose the term educational service agency means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing the services to one or more educational institutions.
(f)Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, are not payable during the periods of time, and subject to the same conditions, contained in subdivisions (b), (c), (d), and (h), if the services are provided to, or on behalf of, an educational institution.
(g)For purposes of this section, reasonable assurance includes, but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that they will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance.
(h)For purposes of this section, if the time for service performed during the period of and pursuant to any contract for any academic year or term by an individual for any employing unit as specified in subdivision (b) or (c) constitutes one-half or more of the time in total service performed for the employing unit by the individual during that same period for remuneration, all the services of the individual for the employing unit for that period shall be deemed subject to the benefit payment restriction provisions of this section.
(i)Any entity as defined by Section 605, with respect to any individual performing a service in any other capacity other than specified in subdivision (b) for an educational institution, shall provide a written statement indicating the following to the individual no later than 30 days before the end of the first of the academic years or terms:
(1)Whether or not there is a reasonable assurance of reemployment.
(2)Whether or not it is stated that the individual has no reasonable assurance of reemployment, that the individual should file a claim for benefits at the close of the academic year or term.
(3)If it is stated that the individual has reasonable assurance of reemployment, the written statement shall also inform the employee that they may file a claim for benefits and that the determination for eligibility for benefits is made by the department and not by the employer.
(4)If it is stated that the individual has reasonable assurance of reemployment, that the individual shall be entitled to a retroactive payment of benefits if the individual is not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, if the individual is otherwise eligible and the individual filed a claim for each week benefits are claimed, and if a claim for retroactive benefits is made no later than 30 days after the commencement of the second academic year or term.