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Article 2. Computation (amount And Duration) of California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 2.
(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 April 2, 2012, 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 April 2, 2012.
(b) For any new claim filed on or after April 2, 2012, 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 April 2, 2012.
"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.
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.
(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.
(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.
(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.
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.
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.
(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.
(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.
(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 workplan. 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.
(l) This section shall apply to work sharing plans that become effective before July 1, 2014. No work sharing plan that becomes effective before July 1, 2014, shall be renewed on or after July 1, 2014. Any work sharing plan that is entered into on or after July 1, 2014, shall be subject to Section 1279.5 as added by Assembly Bill 1392 of the 2013-14 Regular Session.
(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 workplan. 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.
(l) This section shall apply to work sharing plans that become effective before July 1, 2014. No work sharing plan that becomes effective before July 1, 2014, shall be renewed on or after July 1, 2014. Any work sharing plan that is entered into on or after July 1, 2014, shall be subject to Section 1279.5 as added by Assembly Bill 1392 of the 2013-14 Regular Session.
(a) As used in this section:
(1) "Affected unit" means a specified plant, department, shift, or other definable unit that includes two or more workers and not less than 10 percent of the employer's regular permanent work force involved in the affected unit or units in each week, or in at least one week of a two-consecutive-week period, to which an approved work sharing plan applies.
(2) "Health and retirement benefits" means employer-provided health benefits and retirement benefits under a defined benefit pension plan, as defined in Section 414(j) of the Internal Revenue Code, or contributions under a defined contribution plan, as defined in Section 414(i) of the Internal Revenue Code, that are incidents of employment in addition to the cash remuneration earned.
(3) "Work sharing compensation" means the unemployment compensation benefits payable to employees in an affected unit under an approved work sharing plan, as distinguished from the unemployment compensation benefits otherwise payable under this part.
(4) "Work sharing plan" means a plan submitted by an employer, for approval by the director, under which the employer requests the payment of work sharing compensation to employees in an affected unit of the employer in lieu of layoffs.
(5) "Work sharing program" means the program described by this section.
(6) "Usual weekly hours of work" means the usual hours of work for full- or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed 40 hours and not including hours of overtime work.
(7) "Unemployment compensation" means the unemployment compensation benefits payable under this part other than work sharing compensation and includes amounts payable pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment.
(b) Notwithstanding Section 1252 or 1252.2 or any other provision of this part, for the purposes of this section an employee is "unemployed" in any week if the employee works less than his or her usual weekly hours of work for the employee's regular employer, as the result of the regular employer's participation in a work sharing plan that meets the requirements of this section and has been approved by the director, pursuant to which the employer, in lieu of layoff, reduces employment and stabilizes the workforce.
(c) An employer wishing to participate in the work sharing program, on and after July 1, 2014, shall submit a signed written work sharing plan to the director for approval. The director shall develop an application form to request approval of a work sharing plan and an approval process that meets the requirements of this section. The application shall include, but is not limited to, the following:
(1) The affected unit covered by the plan, including the number of full- or part-time employees in the unit, the percentage of employees in the affected unit covered by the plan, identification of each individual employee in the affected unit by name, social security number, and the employer's unemployment tax account number and any other information required by the director to identify plan participants.
(2) A description of how employees in the affected unit will be notified of the employer's participation in the work sharing plan if the application is approved, including how the employer will notify those employees in a collective bargaining unit as well as any employees in the affected unit who are not in a collective bargaining unit. If the employer does not intend to provide advance notice to employees in the affected unit, the employer shall explain in a statement in the application why it is not feasible to provide that notice.
(3) A requirement that the employer identify, in the application, the usual weekly hours of work for employees in the affected unit and the specific percentage by which their hours will be reduced during all weeks covered by the plan. The percentage of reduction of usual weekly hours of work for which a work sharing plan may be approved shall not be less than 10 percent or more than 60 percent. If the plan includes any week for which the employer regularly does not provide work, including, but not limited to, incidences due to a holiday or plant closing, then that week shall be identified in the application.
(4) (A) Except as provided in subparagraph (B), certification by the employer, if the employer provides health and retirement benefits to any employee whose usual weekly hours of work are to be reduced under the plan, that the benefits will continue to be provided, to the extent permitted by federal law, to employees participating in the work sharing plan under the same terms and conditions as though the usual weekly hours of work of these employees had not been reduced or to the same extent as other employees not participating in the work sharing plan. For defined benefit retirement plans, to the extent permitted by federal law, the hours that are reduced under the work sharing plan shall be credited for purposes of participation, vesting, and accrual of benefits as though the usual weekly hours of work had not been reduced. The dollar amount of employer contributions to a defined contribution plan that are based on a percentage of compensation may be less due to the reduction in the employee's compensation.
(B) If a reduction in health and retirement benefits is scheduled to occur during the duration of the plan and those reductions will be applied equally to employees who are not participating in the work sharing program, then the application shall so certify, and those benefits may be reduced for those employees who are participating in the work sharing plan.
(5) Certification by the employer that the aggregate reduction in work hours is in lieu of temporary or permanent layoffs, or both. The application shall include an estimate of the number of workers who would have been laid off in the absence of the work sharing plan.
(6) Agreement by the employer to do all of the following:
(A) Furnish reports to the director relating to the proper conduct of the plan.
(B) Allow the director or his or her authorized representatives access to all records necessary to approve or disapprove the plan application.
(C) After approval of a plan, monitor and evaluate the plan.
(D) Follow any other directives the director deems necessary for the department to implement the plan and that are consistent with the requirements for plan applications.
(7) Certification by the employer that participation in the work sharing plan and its implementation is consistent with the employer's obligations under applicable federal and state laws.
(8) The effective date and duration of the plan, which shall not be later than the end of the 12th full calendar month after the effective date.
(9) Any other provision added to the application by the director that the United States Secretary of Labor determines to be appropriate for purposes of a work sharing plan.
(d) The director shall approve or disapprove a work sharing plan in writing by the close of business no later than 10 working days from the date the completed plan is received and communicate the decision to the employer. A decision disapproving the plan shall clearly identify the reasons for the disapproval. Within 20 days, the employer may submit a request for review of the disapproved work sharing plan to the director's work sharing administrator, whom the director shall designate for this purpose. After review, the work sharing administrator's decision of approval or disapproval shall be final. If disapproved, the employer may submit a different work sharing plan for approval.
(e) The director shall work with the employer to determine the effective date of a work sharing plan, which shall be specified in the notice of approval to the employer. The plan shall expire on the date specified in the notice of approval, which shall be either the date at the end of the 12th full calendar month after its effective date or an earlier date mutually agreed upon by the employer and the director. However, if a work sharing plan is revoked by the director under subdivision (f) of this section, the plan shall terminate on the date specified in the director's written order of revocation. An employer may terminate a work sharing plan at any time upon written notice to the director. An employer may submit an application to renew the work sharing plan not more than 10 days after a previously approved work sharing plan expires.
(f) The director may revoke approval of a work sharing plan for good cause at any time. The revocation order shall be in writing and shall specify the reasons for the revocation and the date the revocation is effective. The director may periodically review the operation of an employer's work sharing plan to ensure that good cause does not exist for revocation of the approval of the plan. For purposes of these provisions, good cause includes, but is not limited to, failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the work sharing plan, and violation of any criteria on which approval of the plan was based.
(g) An employer may request a modification of an approved plan by filing a written request to the director. The request shall identify the specific provisions proposed to be modified and provide an explanation of why the proposed modification is appropriate for the work sharing plan. The director shall approve or disapprove the proposed modification in writing by the close of business no later than 10 working days from the date the proposed modification is received and communicate the decision to the employer. The director, in his or her discretion, may approve a request for modification of the plan based on conditions that have changed since the plan was approved, provided that the modification is consistent with and supports the purposes for which the plan was initially approved. A modification does not extend the expiration date of the original plan, and the director shall promptly notify the employer whether the plan modification has been approved and, if approved, the effective date of the modification, which shall not be earlier than the effective date of the original work sharing plan. An employer is not required to request approval of a plan modification from the director if the change is not substantial, but the employer shall promptly report, in writing, every change to the plan to the director. The director may terminate an employer's plan if the employer fails to meet this reporting requirement. If the director determines that the reported change is substantial, the director shall require the employer to request a modification to the plan.
(h) (1) An employee is eligible to receive work sharing compensation with respect to any week only if the employee is monetarily eligible for unemployment compensation, not otherwise disqualified for unemployment compensation, and both of the following are true:
(A) During the week, the employee is employed as a member of an affected unit under an approved work sharing plan, which was approved prior to that week, and the plan is in effect with respect to the week for which work sharing compensation is claimed.
(B) Notwithstanding any other provisions relating to availability for work and actively seeking work, the employee is available for the employee's usual hours of work with the work sharing employer, which may include, for purposes of this section, participating in training to enhance job skills that is approved by the director, such as employer-sponsored training or training funded under the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.).
(2) Notwithstanding any other provision of law, an employee covered by a work sharing plan is deemed unemployed in any week during the duration of that plan if the employee's remuneration as an employee in an affected unit is reduced based on a reduction of the employee's usual weekly hours of work under an approved work sharing plan.
(i) For the purposes of this section, an employee shall not be disqualified under subdivision (c) of Section 1253 for any week if both of the following conditions exist:
(1) The employee has not been absent from work without the approval of the regular employer.
(2) The employee accepted all work the regular employer made available to the individual during hours scheduled off due to the work sharing plan.
(j) The work sharing weekly compensation amount shall be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the individual's usual weekly hours of work.
(k) (1) Provisions applicable to unemployment compensation shall apply to employees in a work sharing plan to the extent that they are not inconsistent with work sharing program provisions. An employee who files an initial claim for work sharing compensation shall receive a monetary determination. An employee may be eligible for work sharing compensation or unemployment compensation, as appropriate, except that an employee shall not be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation, nor shall an employee be paid work sharing benefits for more than 52 weeks under a work sharing plan.
(2) An employee who is not provided any work during a week by the work sharing employer, or any other employer, and who is otherwise eligible for unemployment compensation, shall be eligible for the amount of regular unemployment compensation to which he or she would otherwise be eligible.
(3) An employee who is not provided any work by the work sharing employer during a week, but who works for another employer and is otherwise eligible, may be paid unemployment compensation for that week subject to the disqualifying income and other provisions applicable to claims for regular unemployment compensation.
(4) The work sharing compensation paid to an employee shall be deducted from the maximum entitlement amount of regular unemployment compensation established for that employee's benefit year.
(5) An employee who has received all of the work sharing compensation or combined unemployment compensation and work sharing compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits.
(6) No employee 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 a benefit year while in employment status with the regular employer who initiated the work sharing plan under this section.
(7) Sections 1253.5 and 1279 shall not apply to any individual eligible for any payment under this section.
(l) 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 work sharing plan. For the purposes of this subdivision, "regular employer" may include, pursuant to an approved plan, a labor organization that periodically employs individuals in accordance with a collective bargaining agreement.
(m) Work sharing compensation shall be charged to employers' experience rating accounts in the same manner as unemployment compensation is charged under this part. Employers liable for payments in lieu of contributions shall have work sharing compensation attributed to service in their employ in the same manner as unemployment compensation is attributed.
(n) 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).
(o) 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 those 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, but not limited to, regulations defining normal hours, days, workweeks, and wages.
(p) 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 work sharing program created by this section.
(q) Notwithstanding Section 1327, the department shall not be required to notify an employer of additional claims that result from an approved plan submitted by the employer under which benefits are not paid in each week.
(r) This section shall become operative on July 1, 2014. This section shall apply to work sharing plans that become effective on or after July 1, 2014.
(1) "Affected unit" means a specified plant, department, shift, or other definable unit that includes two or more workers and not less than 10 percent of the employer's regular permanent work force involved in the affected unit or units in each week, or in at least one week of a two-consecutive-week period, to which an approved work sharing plan applies.
(2) "Health and retirement benefits" means employer-provided health benefits and retirement benefits under a defined benefit pension plan, as defined in Section 414(j) of the Internal Revenue Code, or contributions under a defined contribution plan, as defined in Section 414(i) of the Internal Revenue Code, that are incidents of employment in addition to the cash remuneration earned.
(3) "Work sharing compensation" means the unemployment compensation benefits payable to employees in an affected unit under an approved work sharing plan, as distinguished from the unemployment compensation benefits otherwise payable under this part.
(4) "Work sharing plan" means a plan submitted by an employer, for approval by the director, under which the employer requests the payment of work sharing compensation to employees in an affected unit of the employer in lieu of layoffs.
(5) "Work sharing program" means the program described by this section.
(6) "Usual weekly hours of work" means the usual hours of work for full- or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed 40 hours and not including hours of overtime work.
(7) "Unemployment compensation" means the unemployment compensation benefits payable under this part other than work sharing compensation and includes amounts payable pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment.
(b) Notwithstanding Section 1252 or 1252.2 or any other provision of this part, for the purposes of this section an employee is "unemployed" in any week if the employee works less than his or her usual weekly hours of work for the employee's regular employer, as the result of the regular employer's participation in a work sharing plan that meets the requirements of this section and has been approved by the director, pursuant to which the employer, in lieu of layoff, reduces employment and stabilizes the workforce.
(c) An employer wishing to participate in the work sharing program, on and after July 1, 2014, shall submit a signed written work sharing plan to the director for approval. The director shall develop an application form to request approval of a work sharing plan and an approval process that meets the requirements of this section. The application shall include, but is not limited to, the following:
(1) The affected unit covered by the plan, including the number of full- or part-time employees in the unit, the percentage of employees in the affected unit covered by the plan, identification of each individual employee in the affected unit by name, social security number, and the employer's unemployment tax account number and any other information required by the director to identify plan participants.
(2) A description of how employees in the affected unit will be notified of the employer's participation in the work sharing plan if the application is approved, including how the employer will notify those employees in a collective bargaining unit as well as any employees in the affected unit who are not in a collective bargaining unit. If the employer does not intend to provide advance notice to employees in the affected unit, the employer shall explain in a statement in the application why it is not feasible to provide that notice.
(3) A requirement that the employer identify, in the application, the usual weekly hours of work for employees in the affected unit and the specific percentage by which their hours will be reduced during all weeks covered by the plan. The percentage of reduction of usual weekly hours of work for which a work sharing plan may be approved shall not be less than 10 percent or more than 60 percent. If the plan includes any week for which the employer regularly does not provide work, including, but not limited to, incidences due to a holiday or plant closing, then that week shall be identified in the application.
(4) (A) Except as provided in subparagraph (B), certification by the employer, if the employer provides health and retirement benefits to any employee whose usual weekly hours of work are to be reduced under the plan, that the benefits will continue to be provided, to the extent permitted by federal law, to employees participating in the work sharing plan under the same terms and conditions as though the usual weekly hours of work of these employees had not been reduced or to the same extent as other employees not participating in the work sharing plan. For defined benefit retirement plans, to the extent permitted by federal law, the hours that are reduced under the work sharing plan shall be credited for purposes of participation, vesting, and accrual of benefits as though the usual weekly hours of work had not been reduced. The dollar amount of employer contributions to a defined contribution plan that are based on a percentage of compensation may be less due to the reduction in the employee's compensation.
(B) If a reduction in health and retirement benefits is scheduled to occur during the duration of the plan and those reductions will be applied equally to employees who are not participating in the work sharing program, then the application shall so certify, and those benefits may be reduced for those employees who are participating in the work sharing plan.
(5) Certification by the employer that the aggregate reduction in work hours is in lieu of temporary or permanent layoffs, or both. The application shall include an estimate of the number of workers who would have been laid off in the absence of the work sharing plan.
(6) Agreement by the employer to do all of the following:
(A) Furnish reports to the director relating to the proper conduct of the plan.
(B) Allow the director or his or her authorized representatives access to all records necessary to approve or disapprove the plan application.
(C) After approval of a plan, monitor and evaluate the plan.
(D) Follow any other directives the director deems necessary for the department to implement the plan and that are consistent with the requirements for plan applications.
(7) Certification by the employer that participation in the work sharing plan and its implementation is consistent with the employer's obligations under applicable federal and state laws.
(8) The effective date and duration of the plan, which shall not be later than the end of the 12th full calendar month after the effective date.
(9) Any other provision added to the application by the director that the United States Secretary of Labor determines to be appropriate for purposes of a work sharing plan.
(d) The director shall approve or disapprove a work sharing plan in writing by the close of business no later than 10 working days from the date the completed plan is received and communicate the decision to the employer. A decision disapproving the plan shall clearly identify the reasons for the disapproval. Within 20 days, the employer may submit a request for review of the disapproved work sharing plan to the director's work sharing administrator, whom the director shall designate for this purpose. After review, the work sharing administrator's decision of approval or disapproval shall be final. If disapproved, the employer may submit a different work sharing plan for approval.
(e) The director shall work with the employer to determine the effective date of a work sharing plan, which shall be specified in the notice of approval to the employer. The plan shall expire on the date specified in the notice of approval, which shall be either the date at the end of the 12th full calendar month after its effective date or an earlier date mutually agreed upon by the employer and the director. However, if a work sharing plan is revoked by the director under subdivision (f) of this section, the plan shall terminate on the date specified in the director's written order of revocation. An employer may terminate a work sharing plan at any time upon written notice to the director. An employer may submit an application to renew the work sharing plan not more than 10 days after a previously approved work sharing plan expires.
(f) The director may revoke approval of a work sharing plan for good cause at any time. The revocation order shall be in writing and shall specify the reasons for the revocation and the date the revocation is effective. The director may periodically review the operation of an employer's work sharing plan to ensure that good cause does not exist for revocation of the approval of the plan. For purposes of these provisions, good cause includes, but is not limited to, failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the work sharing plan, and violation of any criteria on which approval of the plan was based.
(g) An employer may request a modification of an approved plan by filing a written request to the director. The request shall identify the specific provisions proposed to be modified and provide an explanation of why the proposed modification is appropriate for the work sharing plan. The director shall approve or disapprove the proposed modification in writing by the close of business no later than 10 working days from the date the proposed modification is received and communicate the decision to the employer. The director, in his or her discretion, may approve a request for modification of the plan based on conditions that have changed since the plan was approved, provided that the modification is consistent with and supports the purposes for which the plan was initially approved. A modification does not extend the expiration date of the original plan, and the director shall promptly notify the employer whether the plan modification has been approved and, if approved, the effective date of the modification, which shall not be earlier than the effective date of the original work sharing plan. An employer is not required to request approval of a plan modification from the director if the change is not substantial, but the employer shall promptly report, in writing, every change to the plan to the director. The director may terminate an employer's plan if the employer fails to meet this reporting requirement. If the director determines that the reported change is substantial, the director shall require the employer to request a modification to the plan.
(h) (1) An employee is eligible to receive work sharing compensation with respect to any week only if the employee is monetarily eligible for unemployment compensation, not otherwise disqualified for unemployment compensation, and both of the following are true:
(A) During the week, the employee is employed as a member of an affected unit under an approved work sharing plan, which was approved prior to that week, and the plan is in effect with respect to the week for which work sharing compensation is claimed.
(B) Notwithstanding any other provisions relating to availability for work and actively seeking work, the employee is available for the employee's usual hours of work with the work sharing employer, which may include, for purposes of this section, participating in training to enhance job skills that is approved by the director, such as employer-sponsored training or training funded under the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.).
(2) Notwithstanding any other provision of law, an employee covered by a work sharing plan is deemed unemployed in any week during the duration of that plan if the employee's remuneration as an employee in an affected unit is reduced based on a reduction of the employee's usual weekly hours of work under an approved work sharing plan.
(i) For the purposes of this section, an employee shall not be disqualified under subdivision (c) of Section 1253 for any week if both of the following conditions exist:
(1) The employee has not been absent from work without the approval of the regular employer.
(2) The employee accepted all work the regular employer made available to the individual during hours scheduled off due to the work sharing plan.
(j) The work sharing weekly compensation amount shall be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the individual's usual weekly hours of work.
(k) (1) Provisions applicable to unemployment compensation shall apply to employees in a work sharing plan to the extent that they are not inconsistent with work sharing program provisions. An employee who files an initial claim for work sharing compensation shall receive a monetary determination. An employee may be eligible for work sharing compensation or unemployment compensation, as appropriate, except that an employee shall not be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation, nor shall an employee be paid work sharing benefits for more than 52 weeks under a work sharing plan.
(2) An employee who is not provided any work during a week by the work sharing employer, or any other employer, and who is otherwise eligible for unemployment compensation, shall be eligible for the amount of regular unemployment compensation to which he or she would otherwise be eligible.
(3) An employee who is not provided any work by the work sharing employer during a week, but who works for another employer and is otherwise eligible, may be paid unemployment compensation for that week subject to the disqualifying income and other provisions applicable to claims for regular unemployment compensation.
(4) The work sharing compensation paid to an employee shall be deducted from the maximum entitlement amount of regular unemployment compensation established for that employee's benefit year.
(5) An employee who has received all of the work sharing compensation or combined unemployment compensation and work sharing compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits.
(6) No employee 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 a benefit year while in employment status with the regular employer who initiated the work sharing plan under this section.
(7) Sections 1253.5 and 1279 shall not apply to any individual eligible for any payment under this section.
(l) 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 work sharing plan. For the purposes of this subdivision, "regular employer" may include, pursuant to an approved plan, a labor organization that periodically employs individuals in accordance with a collective bargaining agreement.
(m) Work sharing compensation shall be charged to employers' experience rating accounts in the same manner as unemployment compensation is charged under this part. Employers liable for payments in lieu of contributions shall have work sharing compensation attributed to service in their employ in the same manner as unemployment compensation is attributed.
(n) 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).
(o) 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 those 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, but not limited to, regulations defining normal hours, days, workweeks, and wages.
(p) 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 work sharing program created by this section.
(q) Notwithstanding Section 1327, the department shall not be required to notify an employer of additional claims that result from an approved plan submitted by the employer under which benefits are not paid in each week.
(r) This section shall become operative on July 1, 2014. This section shall apply to work sharing plans that become effective on or after July 1, 2014.
(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.
(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.
(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).
(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).
(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.
(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.
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.
