Section 1255.3 Of Article 1. Eligibility And Disqualifications From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 1.
1255.3
. (a) Except as provided by subdivisions (c) and (d), the
amount of unemployment compensation benefits, extended duration
benefits, and federal-state extended benefits payable to an
individual for any week which begins after March 31, 1980, and which
begins in a period with respect to which that individual is receiving
a governmental or other pension, retirement or retired pay, annuity,
or any other similar periodic payment which is based on the previous
work of the individual shall be reduced, but not below zero, by an
amount equal to the amount of the pension, retirement or retired pay,
annuity, or other payment, which is reasonably attributable to that
week.
(b) Subdivision (a) shall be operative only during such time as
Section 3304 of the Federal Unemployment Tax Act requires that state
unemployment insurance laws contain those provisions as a condition
of certification of state unemployment insurance laws by the
Secretary of Labor.
(c) Subdivision (a) shall apply to any pension, retirement or
retired pay, annuity, or other similar periodic payment only if both
of the following are met:
(1) The pension, retirement or retired pay, annuity, or similar
payment is under a plan maintained (or contributed to) by a base
period or chargeable employer.
(2) In the case of such a payment not made under the federal
Social Security Act or the federal Railroad Retirement Act of 1974
(or the corresponding provisions of prior law), services performed
for the employer by the individual after the beginning of the base
period (or remuneration for such services) affect eligibility for, or
increase the amount of, such pension, retirement or retired pay,
annuity, or similar periodic payment.
(d) (1) Subdivision (a) shall not apply to any pension, retirement
or retired pay, annuity or other similar periodic payment if the
individual has made any contribution to the pension, retirement or
retired pay, annuity, or other similar periodic payment.
(2) The amendments made to this subdivision during the 1986
portion of the 1985-86 Regular Session shall apply to new claims
filed with an effective date beginning on or after January 1, 1987.
(e) The amendments made to subdivision (c) of this section during
the 1985 portion of the 1985-86 Regular Session shall apply
retroactively to all unemployment compensation benefits, extended
duration benefits, and federal-state extended benefits, payable to an
individual for any week which begins after November 1, 1980.