SECTIONS 451-456 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 451-456

451. The administration of this division and of other state and
federal unemployment compensation and public employment service laws
will be promoted by cooperation between this State and such other
states and the appropriate federal agencies in exchanging services,
and making available facilities and information. The director may
make investigations, secure and transmit information, make available
services and facilities and exercise the other powers provided with
respect to the administration of this division which he finds
necessary or appropriate to facilitate the administration of any
state or federal unemployment compensation or public employment
service law, and may accept and utilize information, services and
facilities made available to this State by an agency charged with the
administration of any such other state or federal law.

452. To the extent permissible under the laws and Constitution of
the United States, the director may enter into or cooperate in
arrangements whereby facilities and services provided under the
unemployment compensation law of any foreign government, may be
utilized for the taking of claims and the payment of benefits under
the Unemployment Insurance Law of this State or a similar law of such
government.

453. To encourage cooperation between this state and other states
in the enforcement of the unemployment insurance law of each state
and to further coordinate the nationwide system of unemployment
insurance in the United States and its territories:
(a) The courts of this state shall recognize and enforce
liabilities for unemployment contributions, penalties, interest, and
benefit overpayments imposed by other states which extend a like
comity to this state.
(b) The Attorney General may commence action in any other
jurisdiction by and in the name of the department to collect
unemployment contributions, penalties, interest, and benefit
overpayments legally due this state. The officials of other states
which extend a like comity to this state may sue for the collection
of such contributions, penalties, interest, and benefit overpayments
in the courts of this state. A certificate by the Secretary of State
under the Great Seal of the state that the officers of the department
designated by the director have authority to collect the
contributions, penalties, interest, and benefit overpayments is
conclusive evidence of such authority.
(c) The Attorney General may commence action in this state as
agent for and on behalf of any other state to enforce judgments and
liabilities for unemployment insurance contributions, penalties,
interest and benefit overpayments due such state which extends a like
comity to this state. The requesting state shall pay the court
costs.

454. The director may enter into reciprocal arrangements with
authorized agencies of other states or of the Federal Government, or
both, whereby:
(a) Services customarily performed in more than one state by an
individual for a single employer shall be deemed to be services
performed entirely within any one of the states (i) in which any part
of the individual's service is performed, or (ii) in which the
individual has his residence, or (iii) in which the employer
maintains a place of business, if there is in effect as to such
services an election by the employing unit with the acquiescence of
the individual, approved by the agency charged with the
administration of such state's unemployment compensation law pursuant
to which all the services performed by such individual for such
employer are deemed to be performed entirely within such state.
(b) Services on vessels engaged in interstate commerce wherever
performed shall be deemed performed within this State or any other
state on the basis of the location of the operating office of the
employer from which the operations of the vessel are ordinarily and
regularly supervised, managed, directed, and controlled.

455. The director may enter into reciprocal arrangements with
authorized agencies of other states or of the Federal Government, or
both, whereby:
(a) Potential rights to benefits accumulated under the
unemployment compensation laws of one or more states or of the
Federal Government, or both, may constitute the basis for the payment
of benefits through a single appropriate agency under terms which
the director finds will be fair and reasonable to all affected
interests and which will not result in any substantial loss to the
fund.
(b) Wages or services in employment subject to an unemployment
compensation law of another state or of the Federal Government shall
be deemed to be wages in employment for employers for the purpose of
determining an individual's rights to unemployment compensation
benefits under this part, and wages in employment for employers as
defined in this part shall be deemed to be wages or services on the
basis of which unemployment compensation under the law of another
state or of the Federal Government is payable, but no such
arrangement shall be entered into unless it contains provisions for
reimbursements to the Unemployment Fund for such of the unemployment
compensation benefits paid under this part upon the basis of such
wages or services, and provisions for reimbursements from the
Unemployment Fund for such of the compensation paid under such other
law upon the basis of wages for employment as defined in this part as
the director finds will be fair and reasonable to all affected
interests. Reimbursements paid from the Unemployment Fund pursuant to
this subdivision shall be deemed to be unemployment compensation
benefits for the purposes of this part. The director may make to
other state and federal agencies and receive from such other state or
federal agencies reimbursements from or to the fund, in accordance
with arrangements entered into pursuant to this subdivision.

455.5. This state shall participate in any arrangements for the
payment of compensation on the basis of combining an individual's
wages and employment covered under this division with his wages and
employment covered under the unemployment compensation law of other
states which are approved by the Secretary of Labor in consultation
with the state unemployment compensation agencies as reasonably
calculated to assure the prompt and full payment of compensation in
such situations. Any such arrangement shall include provisions for
both of the following:
(a) Applying the base period of a single state law to a claim
involving the combining of an individual's wages and employment
covered under two or more state laws.
(b) Avoiding duplicate use of wages and employment by reason of
such combining.

455.7. Notwithstanding any other provision of this division,
benefits shall not be denied or reduced to an individual solely
because he files a claim in another state, or a contiguous country
with which the United States has an agreement with respect to
unemployment compensation, or because he resides in another state or
such a contiguous country at the time he files a claim for
unemployment compensation.

456. The director may enter into reciprocal arrangements with
authorized agencies of other states or of the Federal Government, or
both, whereby employer contributions due under this part with respect
to wages for employment shall be deemed to have been paid to the
Unemployment Fund of this State as of the date payment of such
contributions was made under another state or federal unemployment
compensation law. No arrangement shall be entered into pursuant to
this section unless it contains provisions for such reimbursement to
the fund of such contributions and the actual earnings thereon as the
director finds will be fair and reasonable to all affected
interests. The director may collect contributions in like manner for
such agencies of other states and the Federal Government
administering unemployment compensation laws and remit such
contributions to such agencies under appropriate reciprocal
arrangements.