SECTIONS 2765-2772 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 2765-2772

2765. Notwithstanding any inconsistent provisions of this part the
benefit rights of trainees shall be determined in accordance with the
provisions of this article for the periods and with respect to the
matters specified in this article. Except as otherwise provided in
this article all other provisions of this part shall continue to be
applicable in connection with such benefits.

2766. "Military service" as used in this article means active
service in the land or naval forces of the United States, but the
service of an individual in any reserve component of the land or
naval forces of the United States who is ordered to active duty in
any such force for a period of 30 days or less shall not be deemed
active service in that force during that period.

2767. "Trainee" as used in this article means an individual who
entered military service after April 1, 1940, and who continued such
service for not less than 90 consecutive days.

2768. When any trainee has an unexpired benefit year for disability
benefits at the time of induction into the armed forces, the
unexpended balance of disability benefits remaining to his account
shall be reestablished beginning with the first day of the first week
succeeding the date of his termination of service. The balance shall
be paid at a weekly rate in accordance with Section 2655. In the
event the records relating to the unexpended balance have been
destroyed under proper approval, the trainee may establish the
unexpended balance by affidavit as provided by authorized regulation.
Whenever this balance is exhausted the trainee may file a claim and
his disability base period shall be determined in accordance with
Sections 2770 and 2610 or Section 2611. All reestablished balances
shall lapse 65 weeks after termination of military service.

2769. The filing of a valid claim for disability benefits by a
trainee shall establish a disability benefit period.

2770. Except when subdivision (b) of Section 2611 is applicable, in
determining the benefit rights of trainees the disability base
period shall exclude those quarters during which the trainee was in
military service 60 days or more. For all quarters so excluded there
shall be substituted an equal number of quarters immediately
preceding the trainee's entry into military service. In the event the
base period so determined includes wages in calendar quarters for
which the records have been destroyed under proper approval, the
claimant may establish the amount of the wages by affidavit in
accordance with authorized regulation. The quarter of entry into
military service shall be counted as a completed quarter if the
director finds that the inclusion thereof would be more equitable to
the trainee.

2771. No disqualification shall be applied to any trainee after the
termination of his military service, by reason of any act or course
of action on his part prior to the date of his entry into such
service.

2772. Notwithstanding any inconsistent provision of this part, any
trainee who was a resident of this state at the time of his entrance
into the military service, who is a resident of this state at the
time he applies for disability compensation benefits under this
section, and who has been disabled in the military service and is
eligible to receive disability compensation from the federal
government for such disability, shall be eligible, upon his discharge
from the military service, to receive disability compensation
benefits under Section 2655 from the time he is determined by the
federal government to be eligible for disability compensation
payments from the federal government until such time as he begins to
receive his disability compensation payments from the federal
government.
Such trainee's weekly benefit amount shall be the maximum amount
specified in Section 2655 or the amount of the disability
compensation which he is eligible to receive from the federal
government, whichever is smaller.
Each trainee receiving any benefits pursuant to this section shall
repay to the state the amount received as benefits hereunder. Each
trainee, as a condition of receiving benefit hereunder, shall assign
to the state the disability compensation which he is eligible to
receive from the federal government to the extent that he receives
benefits from the state pursuant to this section and shall enter into
a contract with the director, in a form prescribed by the director,
under which the trainee will be obligated to repay the state over a
period of not more than one year following the date he first receives
disability compensation from the federal government for his
disability. Repayments made by such trainees shall be deposited by
the director in the General Fund.