1275-1282
UNEMPLOYMENT INSURANCE CODE
SECTION 1275-1282
1275. (a) Unemployment compensation benefit award computations shall be based on wages paid in the base period. "Base period" means: for benefit years beginning in October, November, or December, the four calendar quarters ended in the next preceding month of June; for benefit years beginning in January, February, or March, the four calendar quarters ended in the next preceding month of September; for benefit years beginning in April, May, or June, the four calendar quarters ended in the next preceding month of December; for benefit years beginning in July, August, or September, the four calendar quarters ended with the next preceding month of March. Wages used in the determination of benefits payable to an individual during any benefit year may not be used in determining that individual's benefits in any subsequent benefit year. (b) For any new claim filed on or after September 3, 2011, or earlier if the department implements the technical changes necessary to establish claims under the alternate base period, as specified in subdivision (c), if an individual cannot establish a claim under subdivision (a), then "base period" means: for benefit years beginning in October, November, or December, the four calendar quarters ended in the next preceding month of September; for benefit years beginning in January, February, or March, the four calendar quarters ended in the next preceding month of December; for benefit years beginning in April, May, or June, the four calendar quarters ended in the next preceding month of March; for benefit years beginning in July, August, or September, the four calendar quarters ended in the next preceding month of June. As provided in Section 1280, the quarter with the highest wages shall be used to determine the individual's weekly benefit amount. Wages used in the determination of benefits payable to an individual during any benefit year may not be used in determining that individual's benefits in any subsequent benefit year. (c) The department shall implement the technical changes necessary to establish claims under the alternate base period specified in subdivision (b) as soon as possible, but no later than September 3, 2011. 1276. "Benefit year", with respect to any individual, means the 52-week period beginning with the first day of the week with respect to which the individual first files a valid claim for benefits and thereafter the 52-week period beginning with the week in which such individual again files a valid claim after the termination of his or her last preceding benefit year. As used in this section, "valid claim" means any claim for benefits made in accordance with this division and authorized regulations if the individual filing the claim is unemployed and has met the requirements of subdivision (a) of Section 1281. For the purpose of determining whether a claim is a "valid claim" within the meaning of this section, an individual otherwise unemployed shall be deemed unemployed even though wages, as defined in Section 1252, which are for a period subsequent to the termination of performance of services are payable with respect to the week for which he or she files the claim. 1277. Notwithstanding Section 1281, if the base period of a new claim includes wages which were paid prior to the effective date of, and not used in the computation of the award for, a previous valid claim, the new claim shall only be valid if, during the 52-week period beginning with the effective date of the previous valid claim, either of the following applies: (a) The individual earned or was paid sufficient wages to meet the eligibility requirements of subdivision (a) of Section 1281 and performed some work. (b) The individual did not receive benefits under this part, and was disabled and was entitled to receive, wage loss benefits under Part 2 (commencing with Section 2601) of this division or under Division 4 (commencing with Section 3201) of the Labor Code, or under any workers' compensation law, employer's liability law, or disability insurance law of any other state or of the federal government. For the purpose of this section only, the term "wages" includes any and all compensation for personal services performed as an employee for the purpose of meeting the eligibility requirements under subdivision (a) of Section 1281. This section is not applicable to the computation of an award for disability benefits. 1277.1. (a) Notwithstanding Section 1277, if an individual has a subsequent new claim and the previous valid claim was filed under subdivision (b) of Section 1275, the new claim shall only be valid if, during the 52-week period beginning with the effective date of the previous claim, either of the following applies: (1) The individual earned or was paid sufficient wages to meet eligibility requirements of subdivision (a) of Section 1281 and performed some work. (2) The individual did not receive benefits under this part and was disabled and was entitled to receive wage loss benefits under Part 2 (commencing with Section 2601) or under Division 4 (commencing with Section 3200) of the Labor Code, under any workers' compensation law, under employer's liability law, or under any disability insurance law of any other state or the federal government. (b) For purposes of this section, "wages" includes any and all compensation for personal services performed as an employee for the purpose of meeting the eligibility requirements of subdivision (a) of Section 1281. This subdivision is not applicable to the computation of an award for disability benefits. 1277.5. In determining, under Sections 1277 and 1277.1, whether a new claim is valid, twice the amount that an individual was entitled to receive under Part 2 (commencing with Section 2601) of this division or under Division 4 (commencing with Section 3200) of the Labor Code, or under any workers' compensation law, employer's liability law, or disability insurance law of any other state or of the federal government, during the 52-week period beginning with the effective date of the previous valid claim, shall be considered as wages earned or paid to the individual during that 52-week period for purposes of meeting the eligibility requirements of subdivision (a) of Section 1281. The amounts so included shall not be considered wages for the purpose of computing the weekly benefit amount of the individual under Section 1280 or the maximum amount payable to the individual under Section 1281. 1278. For the purposes of this chapter, wages shall be counted as "wages for employment for employers" for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employer from whom the wages were earned has satisfied the conditions of this division with respect to being an employer. 1279. (a) Each individual eligible under this chapter who is unemployed in any week shall be paid with respect to that week an unemployment compensation benefit in an amount equal to his or her weekly benefit amount less the smaller of the following: (1) The amount of wages in excess of twenty-five dollars ($25) payable to him or her for services rendered during that week. (2) The amount of wages in excess of 25 percent of the amount of wages payable to him or her for services rendered during that week. (b) The benefit payment, if not a multiple of one dollar ($1), shall be computed to the next higher multiple of one dollar ($1). (c) For the purpose of this section only "wages" includes any and all compensation for personal services whether performed as an employee or as an independent contractor or as a juror or as a witness, but does not include any payments, regardless of their designation, made by a city of this state to an elected official thereof as an incident to public office, nor any payment received by a member of the National Guard or reserve component of the armed forces for inactive duty training, annual training, or emergency state active duty. 1279.5. (a) Notwithstanding Section 1252 or 1252.2 or any other provision of this part, for the purposes of this section an individual is "unemployed" in any week if the individual works less than his or her normal weekly hours of work for the individual's regular employer, and the director finds that the regular employer has reduced or restricted the individual's normal hours of work, or has rehired an individual previously laid off and reduced that individual's normal hours of work from those previously worked, as the result of a plan by the regular employer to, in lieu of layoff, reduce employment and stabilize the work force by a program of sharing the work remaining after a reduction in total hours of work and a corresponding reduction in wages of at least 10 percent. The application for approval of a plan shall require the employer to briefly describe the circumstances requiring the use of work sharing to avoid a layoff. Normal weekly hours of work means the number of hours in a week that the employee normally would work for the regular employer or 40 hours, whichever is less. The plan must involve the participation of at least two employees and include not less than 10 percent of the employer's regular permanent work force involved in the affected work unit or units in each week, or in at least one week of a two-consecutive-week period. A plan approved by the director shall expire six months after the effective date of the plan. (b) Except as otherwise provided in this section, each individual eligible under this chapter who is "unemployed" in any week shall be paid with respect to that week a weekly shared work unemployment compensation benefit amount equal to the percentage of reduction of the individual's wages resulting from an approved plan, rounded to the nearest 5 percent, multiplied by the individual's weekly benefit amount. (c) No individual who receives any benefits under this section during any benefit year shall receive any benefits pursuant to Section 1252 or 1252.2 as a partially unemployed individual with respect to any week during such benefit year while in employment status with the regular employer who initiated the program of sharing work under this section. No benefits under this section shall be payable on any type of extended claim. (d) Any amount payable under this section shall be reduced by the amount of any and all compensation payable for personal services whether performed as an employee or an independent contractor or as a juror or as a witness, except compensation payable by the regular employer under a shared work plan. For the purposes of this subdivision, "regular employer" may include, pursuant to an approved plan, a labor organization which periodically employs individuals in accordance with a collective bargaining agreement. (e) The benefit payment under this section, if not a multiple of one dollar ($1), shall be increased to the next higher multiple of one dollar ($1). (f) Sections 1253.5 and 1279 shall not apply to any individual eligible for any payment under this section. (g) For the purposes of this section, an individual shall not be disqualified under subdivision (c) of Section 1253 for any week if both of the following conditions exist: (1) The individual has not been absent from work without the approval of the regular employer. (2) The individual accepted all work the regular employer made available to the individual during hours scheduled off due to the work-sharing plan. (h) Except as otherwise provided by or inconsistent with this section, all provisions of this division and authorized regulations apply to benefits under this section. Authorized regulations may, to the extent permitted by federal law, make such distinctions and requirements as may be necessary in the procedures and provisions applicable to unemployed individuals to carry out the purposes of this section, including regulations defining normal hours, days, workweek, and wages. (i) Employees shall not be eligible to receive any benefits under this section unless their employer agrees, in writing, and their bargaining agent pursuant to any applicable collective bargaining agreement agrees, in writing, to voluntarily participate in the shared work unemployment insurance benefit program created by this section. (j) Notwithstanding Section 1327, the department shall not be required to notify an employer of additional claims which result from an approved plan submitted by the employer under which benefits are not paid in each week. (k) The director may terminate a shared work plan for good cause if the plan is not being carried out according to its terms and intent. 1280. (a) For any new claims filed with an effective date on or after January 1, 1992, and prior to September 11, 2001, an individual' s weekly benefit amount is the amount appearing in column B in the following table opposite that wage bracket in column A that contains the amount of wages paid to the individual for employment by employers during the quarter of his or her base period in which his or her wages were the highest. A B Amount of wages in Weekly benefit highest quarter amount $900.00- 948.99.................. 40 949.00- 974.99................... 41 975.00-1,000.99.................. 42 1,001.00-1,026.99................ 43 1,027.00-1,052.99................ 44 1,053.00-1,078.99................ 45 1,079.00-1,117.99................ 46 1,118.00-1,143.99................ 47 1,144.00-1,169.99................ 48 1,170.00-1,195.99................ 49 1,196.00-1,221.99................ 50 1,222.00-1,247.99................ 51 1,248.00-1,286.99................ 52 1,287.00-1,312.99................ 53 1,313.00-1,338.99................ 54 1,339.00-1,364.99................ 55 1,365.00-1,403.99................ 56 1,404.00-1,429.99................ 57 1,430.00-1,455.99................ 58 1,456.00-1,494.99................ 59 1,495.00-1,520.99................ 60 1,521.00-1,546.99................ 61 1,547.00-1,585.99................ 62 1,586.00-1,611.99................ 63 1,612.00-1,637.99................ 64 1,638.00-1,676.99................ 65 1,677.00-1,702.99................ 66 1,703.00-1,741.99................ 67 1,742.00-1,767.99................ 68 1,768.00-1,806.99................ 69 1,807.00-1,832.99................ 70 1,833.00-1,871.99................ 71 1,872.00-1,897.99................ 72 1,898.00-1,936.99................ 73 1,937.00-1,975.99................ 74 1,976.00-2,001.99................ 75 2,002.00-2,040.99................ 76 2,041.00-2,066.99................ 77 2,067.00-2,105.99................ 78 2,106.00-2,144.99................ 79 2,145.00-2,170.99................ 80 2,171.00-2,209.99................ 81 2,210.00-2,248.99................ 82 2,249.00-2,287.99................ 83 2,288.00-2,326.99................ 84 2,327.00-2,352.99................ 85 2,353.00-2,391.99................ 86 2,392.00-2,430.99................ 87 2,431.00-2,469.99................ 88 2,470.00-2,508.99................ 89 2,509.00-2,547.99................ 90 2,548.00-2,586.99................ 91 2,587.00-2,625.99................ 92 2,626.00-2,664.99................ 93 2,665.00-2,703.99................ 94 2,704.00-2,742.99................ 95 2,743.00-2,781.99................ 96 2,782.00-2,820.99................ 97 2,821.00-2,859.99................ 98 2,860.00-2,898.99................ 99 2,899.00-2,937.99................ 100 2,938.00-2,989.99................ 101 2,990.00-3,028.99................ 102 3,029.00-3,067.99................ 103 3,068.00-3,106.99................ 104 3,107.00-3,158.99................ 105 3,159.00-3,197.99................ 106 3,198.00-3,236.99................ 107 3,237.00-3,288.99................ 108 3,289.00-3,327.99................ 109 3,328.00-3,379.99................ 110 3,380.00-3,418.99................ 111 3,419.00-3,470.99................ 112 3,471.00-3,509.99................ 113 3,510.00-3,561.99................ 114 3,562.00-3,600.99................ 115 3,601.00-3,652.99................ 116 3,653.00-3,704.99................ 117 3,705.00-3,743.99................ 118 3,744.00-3,795.99................ 119 3,796.00-3,847.99................ 120 3,848.00-3,899.99................ 121 3,900.00-3,938.99................ 122 3,939.00-3,990.99................ 123 3,991.00-4,042.99................ 124 4,043.00-4,079.99................ 125 4,080.00-4,116.99................ 126 4,117.00-4,153.99................ 127 4,154.00-4,190.99................ 128 4,191.00-4,227.99................ 129 4,228.00-4,264.99................ 130 4,265.00-4,301.99................ 131 4,302.00-4,338.99................ 132 4,339.00-4,375.99................ 133 4,376.00-4,412.99................ 134 4,413.00-4,449.99................ 135 4,450.00-4,486.99................ 136 4,487.00-4,523.99................ 137 4,524.00-4,560.99................ 138 4,561.00-4,597.99................ 139 4,598.00-4,634.99................ 140 4,635.00-4,671.99................ 141 4,672.00-4,708.99................ 142 4,709.00-4,745.99................ 143 4,746.00-4,782.99................ 144 4,783.00-4,819.99................ 145 4,820.00-4,856.99................ 146 4,857.00-4,893.99................ 147 4,894.00-4,930.99................ 148 4,931.00-4,966.99................ 149 If the amount of wages paid an individual for employment by employers exceeds four thousand nine hundred sixty-six dollars and ninety-nine cents ($4,966.99) in the quarter of his or her base period in which these wages were highest, the individual's weekly benefit amount shall be 39 percent of these wages divided by 13, but in no case shall this amount exceed two hundred thirty dollars ($230). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (b) Notwithstanding subdivision (a), for existing claims on or after September 11, 2001, provided that the unemployment benefits have not been exhausted as of September 11, 2001, and for all new claims filed with an effective date beginning on or after September 11, 2001, and prior to January 1, 2003, an individual's weekly benefit amount is the amount for weeks of unemployment beginning on or after September 11, 2001, appearing in column B in the following table opposite that wage bracket in column A that contains the amount of wages paid to the individual for employment by employers during the quarter of his or her base period in which his or her wages were the highest. A B Amount of wages in Weekly benefit highest quarter amount $900.00- 948.99.................. 40 949.00- 974.99................... 41 975.00-1,000.99.................. 42 1,001.00-1,026.99................ 43 1,027.00-1,052.99................ 44 1,053.00-1,078.99................ 45 1,079.00-1,117.99................ 46 1,118.00-1,143.99................ 47 1,144.00-1,169.99................ 48 1,170.00-1,195.99................ 49 1,196.00-1,221.99................ 50 1,222.00-1,247.99................ 51 1,248.00-1,286.99................ 52 1,287.00-1,312.99................ 53 1,313.00-1,338.99................ 54 1,339.00-1,364.99................ 55 1,365.00-1,403.99................ 56 1,404.00-1,429.99................ 57 1,430.00-1,455.99................ 58 1,456.00-1,494.99................ 59 1,495.00-1,520.99................ 60 1,521.00-1,546.99................ 61 1,547.00-1,585.99................ 62 1,586.00-1,611.99................ 63 1,612.00-1,637.99................ 64 1,638.00-1,676.99................ 65 1,677.00-1,702.99................ 66 1,703.00-1,741.99................ 67 1,742.00-1,767.99................ 68 1,768.00-1,806.99................ 69 1,807.00-1,832.99................ 70 1,833.00-1,871.99................ 71 1,872.00-1,897.99................ 72 1,898.00-1,936.99................ 73 1,937.00-1,975.99................ 74 1,976.00-2,001.99................ 75 2,002.00-2,040.99................ 76 2,041.00-2,066.99................ 77 2,067.00-2,105.99................ 78 2,106.00-2,144.99................ 79 2,145.00-2,170.99................ 80 2,171.00-2,209.99................ 81 2,210.00-2,248.99................ 82 2,249.00-2,287.99................ 83 2,288.00-2,326.99................ 84 2,327.00-2,352.99................ 85 2,353.00-2,391.99................ 86 2,392.00-2,430.99................ 87 2,431.00-2,469.99................ 88 2,470.00-2,508.99................ 89 2,509.00-2,547.99................ 90 2,548.00-2,586.99................ 91 2,587.00-2,625.99................ 92 2,626.00-2,664.99................ 93 2,665.00-2,703.99................ 94 2,704.00-2,742.99................ 95 2,743.00-2,781.99................ 96 If the amount of wages paid an individual for employment by employers exceeds two thousand seven hundred eighty-one dollars and ninety-nine cents ($2,781.99) in the quarter of his or her base period in which these wages were highest, the individual's weekly benefit amount shall be 45 percent of these wages divided by 13, but in no case may this amount exceed three hundred thirty dollars ($330). (c) For new claims filed with an effective date beginning on or after January 1, 2003, an individual's weekly benefit amount is the amount appearing in column B in the following table opposite the wage bracket in column A that contains the wages paid to the individual for employment by employers during the quarter of his or her base period in which his or her wages were the highest. A B Amount of wages in Weekly benefit highest quarter amount $900.00- 948.99.................. 40 949.00- 974.99................... 41 975.00-1,000.99.................. 42 1,001.00-1,026.99................ 43 1,027.00-1,052.99................ 44 1,053.00-1,078.99................ 45 1,079.00-1,117.99................ 46 1,118.00-1,143.99................ 47 1,144.00-1,169.99................ 48 1,170.00-1,195.99................ 49 1,196.00-1,221.99................ 50 1,222.00-1,247.99................ 51 1,248.00-1,286.99................ 52 1,287.00-1,312.99................ 53 1,313.00-1,338.99................ 54 1,339.00-1,364.99................ 55 1,365.00-1,403.99................ 56 1,404.00-1,429.99................ 57 1,430.00-1,455.99................ 58 1,456.00-1,494.99................ 59 1,495.00-1,520.99................ 60 1,521.00-1,546.99................ 61 1,547.00-1,585.99................ 62 1,586.00-1,611.99................ 63 1,612.00-1,637.99................ 64 1,638.00-1,676.99................ 65 1,677.00-1,702.99................ 66 1,703.00-1,741.99................ 67 1,742.00-1,767.99................ 68 1,768.00-1,806.99................ 69 1,807.00-1,832.99................ 70 If the amount of wages paid an individual for employment by employers exceeds one thousand eight hundred thirty-two dollars and ninety-nine cents ($1,832.99) in the quarter of his or her base period in which these wages were highest, the individual's weekly benefit amount shall be 50 percent of these wages divided by 13, but in no case shall this amount exceed the applicable of the following: (1) For new claims filed with an effective date beginning on or after January 1, 2003, and before January 1, 2004, three hundred seventy dollars ($370). (2) For new claims filed with an effective date beginning on or after January 1, 2004, and before January 1, 2005, four hundred ten dollars ($410). (3) For new claims filed with an effective date beginning on or after January 1, 2005, four hundred fifty dollars ($450). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). 1281. (a) An individual cannot establish a valid claim or a benefit year during which any benefits are payable unless during his or her base period, for new claims filed with an effective date beginning on or after January 1, 1992, he or she has met either of the following conditions: (1) He or she has been paid wages for employment by employers during the quarter of his or her base period in which his or her wages were the highest of not less than one thousand three hundred dollars ($1,300). (2) He or she has been paid wages for employment by employers during the quarter of his or her base period in which his or her wages were the highest of not less than nine hundred dollars ($900) and been paid wages for employment by employers during his or her base period equal to 1.25 times the amount he or she was paid in this same quarter. (b) Except as provided by subdivision (c), the maximum amount of unemployment compensation benefits payable to an individual during any one benefit year shall not exceed the lower of the following: (1) Twenty-six times his or her weekly benefit amount. (2) One-half the total wages paid to the individual during his or her base period. (c) If the maximum amount computed under subdivision (b) is not a multiple of one dollar ($1) it shall be computed to the next higher multiple of one dollar ($1). (d) For the purpose of this section and Section 1280, in determining wages paid, "wages" includes wages due to any individual but unpaid within the time limit provided by law. 1282. If the remuneration of an individual is not based upon a fixed period or duration of time or if the individual's wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, the wages for any week or for any calendar quarter for the purpose of computing an individual's right to unemployment compensation benefits shall be determined pursuant to authorized regulations. The regulations shall, so far as possible, secure results reasonably similar to those which would prevail if the individual were paid his wages at regular intervals.