SECTIONS 1275-1282 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 1275-1282

1275. (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 September 3, 2011, 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 September 3,
2011.

1276. "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.

1277. 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.

1277.1. (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.

1277.5. 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.

1278. 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.

1279. (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.

1279.5. (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 work plan.
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.

1280. (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.

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.

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).

1281. (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.

1282. 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.