Section 1329.5 Of Article 3. Filing, Determination, And Payment Of Unemployment Compensation Benefit Claims From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 3.
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.