Section 1263 Of Article 1. Eligibility And Disqualifications From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 1.
1263
. (a) Any individual convicted under Section 2101 by any court
of competent jurisdiction of willfully making a false statement or
knowingly failing to disclose a material fact to obtain or increase
any benefit or payment under this division shall forfeit any rights
to benefits for the week in which the criminal complaint was filed
and for the 51 consecutive calendar weeks which immediately follow
that week, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code allowing the individual to withdraw
his or her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty or dismissing the criminal
complaint, but a forfeiture of benefits under this subdivision shall
extend no later than the effective date of any order under Section
1203.4 of the Penal Code, and, if the period of forfeiture has not
previously expired, the forfeiture of benefits under this subdivision
shall terminate as of the effective date of any such order.
(b) Any individual convicted under Section 2101 by any court of
competent jurisdiction of willfully making a false statement or
knowingly failing to disclose a material fact to obtain or increase
any benefit or payment under this part, Part 3 (commencing with
Section 3501), or Part 4 (commencing with Section 4001) shall,
irrespective of a subsequent order under the provisions of Section
1203.4 of the Penal Code allowing the individual to withdraw his or
her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty or dismissing the criminal complaint, be
ineligible to receive unemployment compensation or extended duration
benefits or federal-state extended benefits for the week in which the
criminal complaint was filed, or any subsequent week, for which he
or she is first otherwise in all respects eligible for unemployment
compensation or extended duration benefits or federal-state extended
benefits and for 14 subsequent weeks for which he or she is otherwise
in all respects eligible for unemployment compensation or extended
duration benefits or federal-state extended benefits. No
disqualification under this subdivision shall be applied to any week
if all or any portion of the week is beyond the three-year period
next succeeding the date of the filing of the criminal complaint.
(c) The department shall, effective upon the date of the filing of
a criminal complaint against an individual prosecuted under Section
2101, suspend the payment of benefits to the individual.
(d) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere, is deemed to be a conviction within the meaning
of this section irrespective of whether an order granting probation
or other order is made suspending the imposition of the sentence or
whether sentence is imposed but execution thereof is suspended.
(e) Notwithstanding the provisions of this section, an individual
may during a period of forfeiture under subdivision (a) of this
section meet the conditions to remove any disqualification that is
imposed under Sections 1260 or 1261, or subdivision (b) of this
section, but no week during the period of forfeiture shall be used to
offset the amount of any overpayment.