SECTIONS 3651-3656 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 3651-3656

3651. Claims for extended duration benefits shall be made as
provided in this article.

3652. An exhaustee who desires to claim extended duration benefits
shall file a valid primary claim. A primary claim for extended
duration benefits shall be valid only if its effective date is within
an extended benefit period and the individual filing it is an
unemployed exhaustee. For the purpose of determining whether a
primary claim is a "valid primary 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 the individual files
the claim.

3653. The effective date of a valid primary claim shall be
determined in the same manner as the effective date of a new claim
for normal benefits pursuant to Section 1326.

3654. The department shall give a notice of the filing of a primary
claim or an additional claim to the employing unit by which the
exhaustee was last employed immediately preceding the filing of the
claim unless the additional claim is the result of the filing of a
partial claim as defined by the department, there has not been a
subsequent employing unit which is designated as the last employer,
and there is no separation issue. The employing unit so notified
shall submit within 10 days after the mailing of the notice any facts
then known which may affect the exhaustee's eligibility for extended
duration benefits. The 10-day period may be extended for good cause.
If after the 10-day period the employing unit acquires knowledge of
facts which may affect the eligibility of the exhaustee and those
facts could not reasonably have been known within the period, the
employing unit shall within 10 days of acquiring that knowledge
submit those facts to the department, and the 10-day period may also
be extended for good cause.

3654.1. (a) For the purpose of determining whether an unemployed
individual meets the eligibility requirements of subdivision (e) of
Section 3552, the director may pursuant to his authorized regulations
require that wage and employment information shall be submitted to
the director, within 10 days after the mailing of a request by the
director, by any or all of the following:
(1) Each employing unit subsequent to the end of the base period
of the new claim and prior to the effective date of a valid primary
claim for extended duration benefits.
(2) Each employing unit in the four quarters immediately preceding
the beginning of the base period of the new claim.
(b) The 10-day period may be extended for good cause.

3654.2. Any employing unit who fails to furnish wage information
requested by the director pursuant to Section 3654.1 shall be subject
to a penalty of ten dollars ($10) for each such report not
submitted. The director shall assess the penalty and the provisions
of Part 1 (commencing with Section 100) of this division with respect
to assessments, refunds, and collections shall apply. Penalties
collected under this section shall be deposited in the Unemployment
Fund.

3654.3. If any employing unit fails to respond to a request for
wage information within the period prescribed by Section 3654.1, the
director shall make a determination based upon available information.

3654.4. The department shall consider the facts submitted by an
employing unit pursuant to Section 3654.1 and make a determination as
to the exhaustee's eligibility for extended duration benefits under
subdivision (e) of Section 3552. The department shall promptly notify
the exhaustee and any employing unit who prior to the determination
has submitted any facts pursuant to Section 3654.1 of the
determination and the reasons therefor. The exhaustee and any such
employing unit may appeal therefrom to an administrative law judge
within 20 days from mailing or personal service of notice of the
determination. The 20-day period may be extended for good cause. The
director shall be an interested party to any appeal.
"Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.

3655. The Employment Development Department shall consider the
facts submitted by an employer pursuant to Section 3654 and, if
benefits are claimed subsequent to the filing of the extended
duration benefits claim, make a determination as to the exhaustee's
eligibility for the extended duration benefits. The Employment
Development Department shall promptly notify the exhaustee and any
employer who prior to the determination has submitted any facts
pursuant to Section 3654 of the determination and the reasons
therefor. The exhaustee and any such employer may appeal therefrom to
an administrative law judge within 20 days from mailing or personal
service of notice of the determination. The 20-day period may be
extended for good cause. The Director of Employment Development shall
be an interested party to any appeal.
"Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.

3656. Upon the filing of a valid primary claim by an exhaustee, the
department shall promptly make an extended duration award
computation which shall set forth the maximum amount of extended
duration benefits potentially payable during the extended duration
period, the weekly benefit amount, and the expiration date of the
extended duration period. The department shall promptly notify the
exhaustee of the computation. He may, within 20 days after the
mailing or personal service of the notice of computation, protest its
accuracy. The 20-day period may be extended for good cause. The
department shall consider any such protest and shall promptly notify
the exhaustee of the recomputation or denial of recomputation. An
appeal may be taken from a notice of denial of recomputation in the
manner prescribed in Section 3655. The director shall be an
interested party to any appeal.
"Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.