SECTIONS 1266-1274.20 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 1266-1274.20

1266. Experience has shown that the ability of a large number of
the population of California to compete for jobs in the labor market
is impaired by advancement in technological improvements, the
widespread effects of automation and relocation in our economy, and
foreign competition as set forth in petitions certified under the
federal Trade Act of 1974, as amended (Title 19, United States Code,
Sections 2101 et seq.). The Legislature finds that many individuals
in California are lacking in skills which would make them competitive
in the labor market. They are in need of training or retraining in
skills required in demand occupations. It is the policy of this state
to assist these individuals by providing unemployment compensation
benefits, extended duration benefits, and other federally funded
unemployment compensation benefits, including those available under
the federal Trade Act of 1974 (Public Law 93-618), as amended by the
federal Trade Act of 2002 (Public Law 107-210), during a period of
retraining to qualify them for new jobs in demand occupations and
thus avoid long-term unemployment.

1266. This article shall be known, and may be cited, as the
California Training Benefits Program.

1266.1. Experience has shown that the ability of a large number of
the population of California to compete for jobs in the labor market
is impaired by advancement in technological improvements, the
widespread effects of automation and relocation in our economy, and
foreign competition as set forth in petitions certified under the
federal Trade Act of 1974, as amended (Title 19, United States Code,
Sections 2101 et seq.). The Legislature finds that many individuals
in California are lacking in skills that would make them competitive
in the labor market. They are in need of training or retraining to
upgrade their skills required in demand occupations. It is the policy
of this state to assist these individuals by providing unemployment
compensation benefits, extended duration benefits, and other
federally funded unemployment compensation benefits, including those
available under the federal Trade Act of 1974 (Public Law 93-618), as
amended by the federal Trade Act of 2002 (Public Law 107-210),
during a period of retraining to qualify them for jobs in demand
occupations and thus avoid long-term unemployment.

1267. Notwithstanding any other provision of this division, with
respect to an unemployed individual otherwise eligible for benefits,
such benefits shall not be denied to an individual for any week
because he or she is in training or retraining with the approval of
the director, or because of the application to any such week in
training or retraining of any law of this state relating to
availability for work, active search for work, refusal to accept
work, or for leaving his or her most recent work, if continuing the
most recent work would require the individual to terminate his or her
training or retraining course of instruction. The individual is
considered to be in training or retraining during regularly scheduled
vacation or recess periods, such as Christmas and Thanksgiving
holidays, or semester breaks, but not during a summer vacation
period. As used in this article, "individual" includes an exhaustee
as defined in Section 3503, and any individual claiming federal-state
extended benefits under Part 4 (commencing with Section 4001), and
anyone receiving federally funded unemployment compensation benefits.

1267. Notwithstanding any other provision of this division, with
respect to an unemployed individual otherwise eligible for benefits,
those benefits shall not be denied to an individual for any week
because he or she is in eligible training or retraining, as described
in Section 1269 or 1269.1, or because of the application to any such
week in training or retraining of any law of this state relating to
availability for work, active search for work, refusal to accept
work, or for leaving his or her most recent work, if continuing the
most recent work would require the individual to terminate his or her
training or retraining course of instruction. The individual is
considered to be in training or retraining during regularly scheduled
vacation or recess periods, such as Christmas and Thanksgiving
holidays, or semester breaks, but not during a summer vacation
period. As used in this article, "individual" includes an exhaustee
as defined in Section 3503, and any individual claiming federal-state
extended benefits under Part 4 (commencing with Section 4001), and
anyone receiving federally funded unemployment compensation benefits.

1268. An unemployed individual who files a claim for unemployment
compensation benefits or extended duration benefits, or an
application for federal-state extended benefits or any federally
funded unemployment compensation benefits, may apply to the
department for a determination of potential eligibility for benefits
during a period of training or retraining.

1269. A determination of potential eligibility for benefits under
this article shall be issued to an unemployed individual if the
director finds that any of the following apply:
(a) The training is authorized by the federal Workforce Investment
Act or by the Employment Training Panel established pursuant to
Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3.
(b) The training is authorized by the federal Trade Act of 1974,
(19 U.S.C. Sec. 2101 et seq.), as amended by the federal Trade Act of
2002 (Public Law 107-210), pursuant to a certified petition.
(c) The individual is a participant in the California Work
Opportunity and Responsibility to Kids (CalWORKs) program pursuant to
Article 3.2 (commencing with Section 11320) or Article 3.3
(commencing with Section 11330) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, and has entered into a contract
with the county welfare department to participate in an education or
training program.
(d) That all of the following apply:
(1) The individual has been unemployed for four or more continuous
weeks, or the individual is unemployed and unlikely to return to his
or her most recent workplace because work opportunities in the
individual's job classification are impaired by a plant closure or a
substantial reduction in employment at the individual's most recent
workplace, by advancement in technological improvements, by the
effects of automation and relocation in the economy, or because of a
mental or physical disability which prohibits the individual from
utilizing existing occupational skills.
(2) One of the substantial causes of the individual's unemployment
is a lack of sufficient current demand in the individual's labor
market area for the occupational skills for which the individual is
fitted by training and experience or current physical or mental
capacity and that the lack of employment opportunities is expected to
continue for an extended period of time, or, if the individual's
occupation is one for which there is a seasonal variation in demand
in the labor market and the individual has no other skill for which
there is current demand.
(3) The training or retraining course of instruction relates to an
occupation or skill for which there are, or are expected to be in
the immediate future, reasonable employment opportunities in the
labor market area in this state in which the individual intends to
seek work and there is not a substantial surplus of workers with
requisite skills in the occupation in that area.
(4) If the individual is a journey level union member, the
training or retraining course of instruction is specific job-related
training necessary due to changes in technology, or necessary to
retain employment or to become more competitive in obtaining
employment.
(5) The training or retraining course of instruction is one
approved by the director and can be completed within one year.
(6) The training or retraining course is a full-time course
prescribed for the primary purpose of training the applicant in
skills that will allow him or her to obtain immediate employment in a
demand occupation and is not primarily intended to meet the
requirements of any degree from a college, community college, or
university.
(7) The individual can be reasonably expected to complete the
training or retraining successfully.
(8) The beginning date of training is more than three years after
the beginning date of training last approved for the individual under
this subdivision.

1269. A determination of automatic eligibility for benefits under
this article shall be issued to an unemployed individual if the
director finds that any of the following apply:
(a) The training is authorized by the federal Workforce Investment
Act (Public Law 105-220) or by the Employment Training Panel
established pursuant to Chapter 3.5 (commencing with Section 10200)
of Part 1 of Division 3.
(b) The training is authorized by the federal Trade Act of 1974,
(19 U.S.C. Sec. 2101 et seq.), as amended by the federal Trade Act of
2002 (Public Law 107-210), and as those acts may be amended by the
Trade and Globalization Adjustment Assistance Act of 2009, enacted
under the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), pursuant to a certified petition.
(c) The individual is a participant in the California Work
Opportunity and Responsibility to Kids (CalWORKs) program pursuant to
Article 3.2 (commencing with Section 11320) or Article 3.3
(commencing with Section 11330) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, and has entered into a contract
with the county welfare department to participate in an education or
training program.
(d) The individual is a participant in training with a provider
that is certified and on the state's Eligible Training Provider List
(ETPL), as authorized by the federal Workforce Investment Act (Public
Law 105-220).
(e) The individual is a journey level union member and the
training or retraining course of instruction is industry-related
training necessary due to changes in technology, or industry demands,
or is necessary to retain employment or to become more competitive
in obtaining employment.

1269.1. If the training is not authorized under Section 1269, a
determination of potential eligibility for benefits under this
article shall be issued to an unemployed individual if the director
finds that all of the following apply:
(a) The individual has been unemployed for four or more continuous
weeks, or the individual is unemployed and unlikely to return to his
or her most recent workplace because work opportunities in the
individual's job classification are impaired by a plant closure or a
substantial reduction in employment at the individual's most recent
workplace, by advancement in technological improvements, by the
effects of automation and relocation in the economy, or because of
mental or physical disability that prohibits the individual from
utilizing existing occupational skills.
(b) One of the substantial causes of the individual's unemployment
is a lack of sufficient current demand in the individual's labor
market area for the occupational skills for which the individual is
fitted by training and experience or current physical or mental
capacity, and that the lack of employment opportunities is expected
to continue for an extended period of time, or, if the individual's
occupation is one for which there is a seasonal variation in demand
in the labor market and the individual has no other skill for which
there is current demand.
(c) The training or retraining course of instruction relates to an
occupation or skill for which there are, or are expected to be in
the immediate future, reasonable employment opportunities in the
labor market area in this state in which the individual intends to
seek work and there is not a substantial surplus of workers with
requisite skills in the occupation in that area.
(d) The training or retraining course of instruction is one
approved by the director and can be completed within a reasonable
period of time.
(e) The training or retraining course is a full-time course
prescribed for the primary purpose of training the applicant in
skills that will allow him or her to obtain employment in a demand
occupation.
(f) The individual can be reasonably expected to complete the
training or retraining successfully.
(g) The beginning date of training is more than three years after
the beginning date of training last approved for the individual under
this subdivision.
(h) (1) If a determination of potential eligibility for benefits
is issued under this section, except under subdivision (c), and when
federal extended unemployment insurance benefits are in effect, the
director may find that an unemployed individual is eligible for
training benefits if the individual is enrolled in a community
college or other accredited postsecondary education program with the
purpose of preparing the applicant in academic or job skills,
including remedial training, that will increase employment
opportunities or that leads to an industry-recognized credential or
certificate designed for a specific occupation. If an individual is
approved for training benefits under this subdivision and the federal
extended unemployment insurance benefits are subsequently no longer
in effect, the individual shall remain eligible as long as he or she
is attending the training and is meeting the provisions of this
article.
(2) For purposes of this section, the following terms have the
following meanings:
(A) "Accredited" means an institution recognized or approved by an
accrediting agency recognized by the United States Department of
Education.
(B) "Accrediting agency" is an agency recognized by the United
States Department of Education.

1270. As used in this article:
(a) "Demand occupation" means an occupation in a labor market area
in which the director determines work opportunities are available
and there is not a surplus of qualified applicants.
(b) "Labor market area" means a county, or aggregation of counties
designated by the department that meets criteria of population,
population density, commute patterns, and social and economic
integration specified by the department.

1271. (a) Any unemployed individual receiving unemployment
compensation benefits payable under this division, who applies for a
determination of potential eligibility for benefits under this
article no later than the 16th week of his or her receiving these
benefits, and is determined eligible for benefits under this article,
is entitled to a training extension on his or her unemployment
compensation claim, if necessary, to complete approved training.
(b) The training extension shall provide the claimant with a
maximum of 52 times the weekly benefit amount, which shall include
the maximum benefit award on the parent unemployment compensation
claim.
(c) The parent unemployment compensation claim shall be the
unemployment compensation claim in existence at the time the claimant
is determined eligible for benefits pursuant to subdivision (a).
(d) Benefits payable under this section are subject to the
following limitations:
(1) The individual shall remain eligible for benefits under this
article for all weeks potentially payable under this section.
(2) The individual shall file any unemployment compensation claim
to which he or she becomes entitled under state or federal law, and
shall draw any unemployment compensation benefits on that claim until
it has expired or has been exhausted, in order to maintain his or
her eligibility under this article.
(3) To the extent permitted by federal law, benefits payable under
any federal unemployment compensation law shall be included as
benefits payable under this section.

1271.5. (a) The department shall inform all individuals who claim
unemployment compensation benefits in this state of the benefits
potentially available under this article and Section 1271. The
department may convey this information verbally or in written form.
If in written form, the department may utilize publications or
handbooks that inform individuals of their rights and duties in
regard to unemployment compensation benefits. These publications,
issued by the department pursuant to authorized regulations, may be
used to satisfy the requirements of this section.
(b) Benefits paid under Section 1271 shall be charged to
individual employer reserve accounts, consistent with the provisions
of this code.

1271.5. (a) The department shall inform all individuals who claim
unemployment compensation benefits in this state of the benefits
potentially available under this article and Section 1271. The
department shall convey this information verbally, in written form,
or online. If in written form, the department may utilize
publications or handbooks that inform individuals of their rights and
duties in regard to unemployment compensation benefits. These
publications, issued by the department pursuant to authorized
regulations, may be used to satisfy the requirements of this section.
Information required by this section shall be made available on the
department's Internet Web site in close proximity to information on
unemployment compensation claim forms.
(b) Benefits paid under Section 1271 shall be charged to
individual employer reserve accounts, consistent with the provisions
of this code.

1272. Notwithstanding subdivision (c) of Section 1253, an
unemployed individual who is able to work is eligible to receive
benefits under this article with respect to any week during a period
of training or retraining only if the director finds both of the
following:
(a) He or she has been determined potentially eligible under
Section 1269 or 1271.
(b) He or she submits with each claim a written certification
executed by a responsible person connected with the training or
retraining program certifying that he or she is enrolled in and
satisfactorily pursuing the training or retraining course of
instruction.

1272. Notwithstanding subdivision (c) of Section 1253, an
unemployed individual who is able to work is eligible to receive
benefits under this article with respect to any week during a period
of training or retraining only if the director finds both of the
following:
(a) He or she has been determined potentially eligible under
Section 1269, 1269.1, or 1271.
(b) He or she submits a certification, as prescribed by the
Employment Development Department through regulations, executed by a
responsible person connected with the training or retraining program
certifying that he or she is enrolled in and satisfactorily pursuing
the training or retraining course of instruction.

1272.5. If an individual fails to submit for any week during a
period of training or retraining the certification required by
Section 1272, he or she shall be ineligible to receive any benefits
for that week. This section shall not render an individual ineligible
for benefits for any week during the period of training or
retraining if on or before Monday of that week he or she notifies the
department that his or her training or retraining course of
instruction has been or is being discontinued or terminated prior to
that week.

1273. (a) Notwithstanding any other provision of this article, no
payment of benefits during a period of training or retraining as
described in this article shall be made to any individual for any
week or part of any week with respect to which he or she receives
training or retraining benefits, allowances, or stipends pursuant to
the provisions of any state or federal law providing for the payment
of such benefits, but excluding costs of training paid pursuant to
the federal Trade Act of 1974 ( 19 U.S.C. Sec. 2101 et seq.), as
amended by the federal Trade Act of 2002 (Public Law 107-210).
(b) "Training or retraining benefits, allowances, or stipends," as
used in this section, means discretionary use, cash in-hand payments
available to the individual to be used as he or she sees fit. Direct
and indirect compensation for training costs, such as tuition,
books, and supplies, is excluded as a condition of approval.

1274. The director may publish a list of high demand occupations in
each labor market area of this state. If a demand occupation is
limited to a particular industry, the director may identify the
industry of the demand occupation.

1274.5. Not later than September 1, 2016, the department shall
prepare and submit to the Governor and the Legislature a report
evaluating the effectiveness of the California Training Benefits
Program required to be implemented pursuant to this article. The
report shall include, at a minimum, all of the following data for
calendar years 2007 through 2014, inclusive:
(a) The number of individuals determined to be eligible for the
program as of December 31, 2015.
(b) The number of individuals determined to be eligible for the
program under each subdivision of Section 1269.
(c) The number of individuals determined to be eligible for the
program under Section 1269.1.
(d) The number of individuals who participated in the program and
earned subsequent wages in the following calendar year.
(e) Recommendations to improve the effectiveness and efficiency of
the program.

1274.10. This article shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, which is chaptered before that date, deletes or extends the
date.

1274.20. The amendments to this article proposed by Assembly Bill
2058 of the 2009-10 Regular Session shall be effective commencing
January 1, 2011, unless the department determines that implementation
by that date is not feasible, in which case the department shall
implement the amendments provided by that measure no later than July
1, 2011.