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Chapter 1. General Provisions of California Unemployment Insurance Code >> Division 1. >> Part 3. >> Chapter 1.
The purpose of this part is to compensate in part for the
added wage loss sustained by individuals because of the extended
duration of unemployment during prolonged periods of cyclical and
technological unemployment in California. This part may be cited as
the "Miller-Collier Act."
(a) Except as otherwise provided, the provisions and
definitions of Part 1 of this division apply to this part. In case of
any conflict between the provisions of Part 1 and the provisions of
this part, the provisions of this part shall prevail with respect to
extended unemployment compensation.
(b) Except as otherwise provided, subdivision (d) of Section 1253, and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330, and 1331 do not apply to this part.
(c) The provisions of Part 2 of this division do not apply to this part.
(b) Except as otherwise provided, subdivision (d) of Section 1253, and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330, and 1331 do not apply to this part.
(c) The provisions of Part 2 of this division do not apply to this part.
For the purposes of this part:
(a) "Extended duration benefits" means the extended unemployment compensation benefits payable under this part.
(b) "Normal benefits" means the unemployment compensation benefits payable under Part 1 (commencing with Section 100) of this division.
(c) "Exhaustee" means an individual who is not entitled to normal benefits due to either of the following:
(1) He or she has an unexpired benefit year and has exhausted his or her normal benefits.
(2) His or her most recent benefit year expired in the week in which he or she filed a primary claim or in the immediately preceding 13 calendar weeks and he or she is not entitled to establish a benefit year.
(d) "Insured unemployment rate" for a week means the percentage arrived at by dividing:
(1) The average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the period consisting of the week and the immediately preceding 12 weeks, by
(2) The average monthly covered employment for the same period. The director shall interpret this definition in accordance with regulations and guidelines prescribed by the United States Secretary of Labor which are applicable to subdivision (e) of Section 203 of the federal act.
(e) "Extended benefit period" means the period beginning with the third week after the first week for which there is an "on" indicator, and ending with the third week after the first week for which there is an "off" indicator, except no extended benefit period shall last for a period of less than 13 consecutive weeks and no extended benefit period may begin before the 14th week after the close of a prior extended benefit period. There is an "on" indicator for a week if the insured unemployment rate equals or exceeds 6 percent. There is an "off" indicator for a week if the insured unemployment rate is less than 6 percent.
(f) "Primary claim" means the first claim for extended duration benefits filed by an exhaustee with an effective date within an extended benefit period for the purpose of establishing an extended duration award and an extended duration period.
(g) "Extended duration award" means the maximum amount of extended duration benefits allowable under this part to an eligible exhaustee.
(h) "Extended duration period" means a period beginning with the first day of the week with respect to which an exhaustee filed a valid primary claim and ending with the last week which begins on or before the last day of the fifth calendar month following the calendar month which contains the extended duration week or a major portion of the extended duration week in which the valid primary claim was filed.
(i) "Parent benefit year" means the benefit year with respect to which an individual becomes an exhaustee.
(j) "Federal act" means the "Federal-State Extended Unemployment Compensation Act of 1970".
(a) "Extended duration benefits" means the extended unemployment compensation benefits payable under this part.
(b) "Normal benefits" means the unemployment compensation benefits payable under Part 1 (commencing with Section 100) of this division.
(c) "Exhaustee" means an individual who is not entitled to normal benefits due to either of the following:
(1) He or she has an unexpired benefit year and has exhausted his or her normal benefits.
(2) His or her most recent benefit year expired in the week in which he or she filed a primary claim or in the immediately preceding 13 calendar weeks and he or she is not entitled to establish a benefit year.
(d) "Insured unemployment rate" for a week means the percentage arrived at by dividing:
(1) The average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the period consisting of the week and the immediately preceding 12 weeks, by
(2) The average monthly covered employment for the same period. The director shall interpret this definition in accordance with regulations and guidelines prescribed by the United States Secretary of Labor which are applicable to subdivision (e) of Section 203 of the federal act.
(e) "Extended benefit period" means the period beginning with the third week after the first week for which there is an "on" indicator, and ending with the third week after the first week for which there is an "off" indicator, except no extended benefit period shall last for a period of less than 13 consecutive weeks and no extended benefit period may begin before the 14th week after the close of a prior extended benefit period. There is an "on" indicator for a week if the insured unemployment rate equals or exceeds 6 percent. There is an "off" indicator for a week if the insured unemployment rate is less than 6 percent.
(f) "Primary claim" means the first claim for extended duration benefits filed by an exhaustee with an effective date within an extended benefit period for the purpose of establishing an extended duration award and an extended duration period.
(g) "Extended duration award" means the maximum amount of extended duration benefits allowable under this part to an eligible exhaustee.
(h) "Extended duration period" means a period beginning with the first day of the week with respect to which an exhaustee filed a valid primary claim and ending with the last week which begins on or before the last day of the fifth calendar month following the calendar month which contains the extended duration week or a major portion of the extended duration week in which the valid primary claim was filed.
(i) "Parent benefit year" means the benefit year with respect to which an individual becomes an exhaustee.
(j) "Federal act" means the "Federal-State Extended Unemployment Compensation Act of 1970".
The director shall during the week immediately preceding each
calendar week compute the insured unemployment rate for that
calendar week. The computation shall be a public record.
(a) Notwithstanding any other provision of this part, no
payment of extended duration benefits shall be made to any individual
for any week or part of any week with respect to which he is
entitled to receive unemployment compensation benefits as a result of
participation by this state pursuant to the provision of any federal
law providing for the payment of such benefits or as a result of the
application in any other manner to this state of any federal law
providing for the payment of such benefits.
(b) With respect to weeks commencing on or after November 29, 1970, this subdivision shall apply and subdivision (a) of this section shall not apply to benefits under the "Federal-State Extended Unemployment Compensation Act of 1970".
(1) Notwithstanding any other provision of this part, if an individual would have rights to receive benefits under the federal act within an "extended benefit period" under the federal act, the director shall cancel such individual's rights to extended duration benefits within that "extended benefit period".
(2) A cancellation under this section does not affect extended duration benefits paid with respect to a week preceding such cancellation.
(3) Notwithstanding a cancellation under this section, an individual otherwise qualified for extended duration benefits during an "extended benefit period" under the federal act, may, upon the expiration of his "eligibility period" specified by the federal act, establish rights to, and be paid, extended duration benefits subject to the following conditions:
(A) If the individual has filed a primary claim in the "extended benefit period", under the federal act, he may reestablish his extended duration benefit rights, if the extended duration period would not have expired.
(B) If the individual has not filed a primary claim in the "extended benefit period", under the federal act, and he has claimed benefits pursuant to the federal act during an extended duration week in such "extended benefit period", he may file a primary claim effective with that extended duration week, if the extended duration period would not have expired.
(C) If the individual has not filed a primary claim in the "extended benefit period", under the federal act, and he has claimed benefits pursuant to the federal act but not during an extended duration week in such "extended benefit period", he may file a primary claim in an extended duration week.
(D) The individual shall not be paid extended duration benefits for any week for which he receives federal benefits.
(4) An individual may be paid extended duration benefits with respect to a parent benefit year only to the extent that the total amount of such extended duration benefits and benefits paid under the federal act since the beginning of such parent benefit year does not exceed 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during that parent benefit year, whichever is the lesser.
(b) With respect to weeks commencing on or after November 29, 1970, this subdivision shall apply and subdivision (a) of this section shall not apply to benefits under the "Federal-State Extended Unemployment Compensation Act of 1970".
(1) Notwithstanding any other provision of this part, if an individual would have rights to receive benefits under the federal act within an "extended benefit period" under the federal act, the director shall cancel such individual's rights to extended duration benefits within that "extended benefit period".
(2) A cancellation under this section does not affect extended duration benefits paid with respect to a week preceding such cancellation.
(3) Notwithstanding a cancellation under this section, an individual otherwise qualified for extended duration benefits during an "extended benefit period" under the federal act, may, upon the expiration of his "eligibility period" specified by the federal act, establish rights to, and be paid, extended duration benefits subject to the following conditions:
(A) If the individual has filed a primary claim in the "extended benefit period", under the federal act, he may reestablish his extended duration benefit rights, if the extended duration period would not have expired.
(B) If the individual has not filed a primary claim in the "extended benefit period", under the federal act, and he has claimed benefits pursuant to the federal act during an extended duration week in such "extended benefit period", he may file a primary claim effective with that extended duration week, if the extended duration period would not have expired.
(C) If the individual has not filed a primary claim in the "extended benefit period", under the federal act, and he has claimed benefits pursuant to the federal act but not during an extended duration week in such "extended benefit period", he may file a primary claim in an extended duration week.
(D) The individual shall not be paid extended duration benefits for any week for which he receives federal benefits.
(4) An individual may be paid extended duration benefits with respect to a parent benefit year only to the extent that the total amount of such extended duration benefits and benefits paid under the federal act since the beginning of such parent benefit year does not exceed 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during that parent benefit year, whichever is the lesser.
Notwithstanding any other provision of this part, the
Governor may, if permitted by federal law, suspend the payment of
extended duration benefits under this part, to the extent necessary
to ensure that otherwise eligible individuals are not denied, in
whole or in part, the receipt of emergency unemployment compensation
benefits authorized by the federal Emergency Unemployment
Compensation Act of 1991 (P.L. 102-164) or any extension of that act,
including, but not limited to, Public Law 102-244, and that the
state receives maximum reimbursement from the federal government for
the payment of those emergency benefits.
