Section 1335 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.
1335
. If an appeal is filed, benefits with respect to the period
prior to the final decision on the appeal shall be paid only after
the decision, except that:
(a) If benefits for any week are payable in accordance with a
determination by the department irrespective of any decision on the
issues set forth in the appeal, such benefits shall be promptly paid
regardless of such appeal.
(b) If an administrative law judge affirms a determination
allowing benefits, such benefits shall be promptly paid regardless of
any appeal which may thereafter be taken, and regardless of any
action taken under Section 1336 or otherwise by the director, appeals
board, or other administrative body or by any court.
If the determination is finally reversed, no employer's account
shall be charged with benefits paid because of that determination,
except as provided in Section 1026, or if the department determines
pursuant to Section 1026.1 that the employer's reserve account should
not be credited.
(c) If benefits for any week are payable in accordance with a
determination by the department, or an administrative law judge
issues a decision allowing benefits, the benefits shall be promptly
paid regardless of any appeal, and regardless of any action taken by
the appeals board pursuant to Section 412 or 413. If the
determination of the department or the decision of the administrative
law judge is finally reversed, no employer's reserve account shall
be charged with benefits paid pursuant to this subdivision, except as
provided in Section 1026 or if the department determines pursuant to
Section 1026.1 that the employer's reserve account should not be
credited.