PART 2. DISABILITY COMPENSATION [2601. - 3308.]
Part 2 enacted by Stats. 1953, Ch. 308.
§§ 2601–3308 · 152 sections
CHAPTER 1. General Provisions §§ 2601–2615 · 16 sections
- § 2601 The purpose of this part is to compensate in part for the wage loss sustained by any individual who is unable to work due to the employee’s own sickness or…
- § 2602 (a) Except as otherwise provided, the provisions and definitions of Part 1 (commencing with Section 100) of this division apply to this part. In case of any…
- § 2603 Disability benefits paid pursuant to this part shall not be charged against an employer’s account maintained pursuant to Article 4 of Chapter 4, Part 1 of this…
- § 2604 Whenever the Director of Employment Development believes that a change in contributions rate or disability benefit amounts may become necessary to protect the…
- § 2605 If at any time the Secretary of Labor or other higher authority rules or determines that any section of this part is not in conformity with the provisions of…
- § 2606 “Employment” for the purposes of this part means: (a) Service included in “employment” as defined by Part 1 (commencing with Section 100) of this division,…
- § 2606.4 Notwithstanding Section 632, “employment” for purposes of this part also means service performed as a clerk-carrier in the employ of the United States Postal…
- § 2606.5 (a) “Employment” for purposes of this part also means domestic service in a private home, local college club, or local chapter of a college fraternity or…
- § 2608 (a) “Disability benefit period,” with respect to any individual, means the continuous period of unemployment and disability beginning with the first day with…
- § 2609 “Valid claim” means any claim for unemployment compensation disability benefits made in accordance with the provisions of this code and rules and regulations…
- § 2610 “Disability base period,” with respect to an individual who does not have an unexpired benefit year for unemployment compensation benefits, means for…
- § 2611 “Disability base period,” with respect to an individual who has an unexpired benefit year for unemployment compensation benefits, shall be: (a) The same as the…
- § 2612 Notwithstanding any other provision of law, except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any person who cannot…
- § 2613 (a) The Director of Employment Development shall develop and maintain a program of education concerning disability insurance rights and benefits. (b) The…
- § 2614 (a) The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor, Public…
- § 2615 (a) The department, in the administration of this part, shall collect demographic data for individuals who claim disability benefits under Chapter 2…
CHAPTER 2. Disability Benefits §§ 2625–2778 · 75 sections
ARTICLE 1. Eligibility §§ 2625–2630 · 10 sections
- § 2625 Unemployment compensation disability benefits are payable from the Disability Fund to individuals who are eligible to receive such benefit payments under this…
- § 2626 (a) An individual shall be deemed disabled on any day in which, because of his or her physical or mental condition, he or she is unable to perform his or her…
- § 2626.1 (a) An individual who is a resident in an alcoholic recovery home pursuant to referral or recommendation by a physician shall be eligible for disability…
- § 2626.2 (a) An individual who is a resident in a drug-free residential facility pursuant to referral or recommendation by a physician shall be eligible for disability…
- § 2627 A disabled individual is eligible to receive disability benefits equal to one-seventh of his or her weekly benefit amount for each full day during which he or…
- § 2628 An individual is not eligible for disability benefits with respect to any period for which the director finds that he has received or is entitled to receive…
- § 2629 (a) Except as provided in this section, an individual is not eligible for disability benefits under this part for any day of unemployment and disability for…
- § 2629.1 (a) Nothing in Section 2629 shall be construed to authorize the delay of payment of unemployment compensation disability benefits except where the claimant is…
- § 2629.5 To the extent permitted by federal law, excludable restitution payments, as defined in Section 17131.1 of the Revenue and Taxation Code, and excludable…
- § 2630 (a) The Department of Child Support Services shall periodically notify the department of individuals who are certified, as provided in Section 17518 of the…
ARTICLE 2. Computation (Amount and Duration) §§ 2652–2658 · 7 sections
- § 2652 An individual cannot establish a valid claim unless he has during his disability base period been paid wages for employment by employers of not less than three…
- § 2653 Except as provided in Sections 708 and 708.5, the maximum amount of benefits payable to an individual during any one disability benefit period shall be 52…
- § 2654 For the purpose of this article wages due to any individual but unpaid within the time limit provided by law, shall be deemed wages paid to such individual.
- § 2655 (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), an individual’s “weekly benefit amount” shall be the amount appearing in column B in the…
- § 2656 (a) An individual eligible to receive disability benefits who receives wages or regular wages from his or her employer during the period of his or her…
- § 2657 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…
- § 2658 Notwithstanding any inconsistent provisions in this part, except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any…
ARTICLE 3. Disqualifications §§ 2675–2681 · 7 sections
- § 2675 (a) An individual shall be disqualified from receiving benefits under this part if he or she has willfully, for the purpose of obtaining benefits, either made…
- § 2676 An individual who is disqualified from receiving unemployment compensation benefits under Sections 1256, 1257, 1260, 1261, and 1263 shall be presumed to be…
- § 2677 An individual who is otherwise eligible for benefits under this part shall not be disqualified from receiving such benefits because of a disqualification from…
- § 2678 An individual shall be disqualified from receiving benefits under this part while he is confined, pursuant to commitment or court order or certification, in an…
- § 2679 Notwithstanding any other provision of law, an individual who is otherwise eligible shall not be disqualified for benefits under this part for the day on which…
- § 2680 (a) An individual shall be ineligible for benefits under this part for any day during which he or she is incarcerated in any federal, state, or municipal penal…
- § 2681 (a) Any individual who commits a crime shall be ineligible for benefits under this part if the individual is disabled due to an illness or injury caused by, or…
ARTICLE 4. Filing, Determination and Payment of Disability Benefit Claims §§ 2701–2714 · 26 sections
- § 2701 (a) Disability benefits shall be paid by the department through public employment offices or other agencies approved by the director. (b) Beginning January 1,…
- § 2701.5 (a) The department shall issue the initial payment for unemployment compensation disability benefits to a monetarily eligible claimant who is otherwise…
- § 2701.5.5 (a) The department shall issue the initial payment for unemployment compensation disability benefits to a monetarily eligible claimant who is otherwise…
- § 2702 Minors who are eligible for disability benefits may be paid and receive such benefits in their own right and a receipt signed by a minor shall be valid and…
- § 2703 The establishment of a disability benefit period for unemployment compensation disability benefits shall not establish a benefit year for unemployment…
- § 2705 Where an individual who would be eligible to receive disability benefits dies before making a claim therefor, the director may in accordance with authorized…
- § 2705.1 Where an individual who would be eligible to receive disability benefits is mentally unable to make a claim therefor, the director shall, in accordance with…
- § 2706 Claims for disability benefits shall be made in accordance with authorized regulations of the Director of Employment Development. Each employer shall post and…
- § 2706.1 (a) A first claim, accompanied by a certificate on a form furnished by the department to the claimant, shall be filed not later than the 41st consecutive day…
- § 2706.1.5 (a) A claimant may initiate the claim process up to 30 days in advance of the anticipated first compensable day. A first claim, accompanied by a certificate on…
- § 2706.2 Any continued medical certification shall be submitted to the department within 20 days of the date the claimant is issued a notice of final payment or…
- § 2707 The department shall give a notice of the filing of a first claim for each disability benefit period to the employing unit by which the claimant was last…
- § 2707.1 Within two working days after receipt of the notice provided for in Section 2707, or if there has been a termination of the claimant’s service within five days…
- § 2707.2 (a) The department shall consider the facts submitted by the employer pursuant to Section 2707.1 and make a determination as to the eligibility of the claimant…
- § 2707.3 (a) Except as provided in subdivision (b) of this section, upon the filing of a claim for unemployment compensation disability benefits, the Employment…
- § 2707.4 (a) The claimant may, within 30 days after the service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation.…
- § 2707.5 (a) The department may for good cause reconsider any determination provided for in this part prior to the filing of an appeal therefrom, or within 30 days…
- § 2707.6 Notices, protests, and information required under this article shall be submitted in accordance with authorized regulations.
- § 2707.8 (a) An administrative law judge, after affording a reasonable opportunity for fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or…
- § 2708 (a) (1) In accordance with the director’s authorized regulations, and except as provided in subdivision (c) and Sections 2708.1 and 2709, a claimant shall…
- § 2708.1 (a) Except as provided in subdivision (b), where an individual is entitled to receive unemployment compensation disability benefits reduced by the amount of…
- § 2709 If any individual in good faith adheres to the teachings of any bona fide church, sect, denomination or organization and in accordance with its principles…
- § 2712 Whenever an individual is entitled to benefits under this part but there is a dispute whether such benefits are payable from the Disability Fund or from one or…
- § 2712.5 (a) If, in a disputed coverage proceeding under Section 2712 a final decision of an administrative law judge or of the appeals board finds that an employer or…
- § 2713 In proceedings under this part the claimant, upon a showing of good cause, may request a closed hearing except that the last employer and each base period…
- § 2714 All medical records of the department obtained under this part, except to the extent necessary for the proper administration of this part, or as provided…
ARTICLE 5. Overpayments §§ 2735–2742 · 13 sections
- § 2735 Any person who is overpaid any amount as benefits under this part is liable for the amount overpaid unless: (a) The overpayment was not due to fraud,…
- § 2735.1 If the director finds that an individual has been overpaid unemployment compensation disability benefits because he or she willfully, for the purpose of…
- § 2735.5 No claim of overpayment shall be based upon the disallowance by the Workmen’s Compensation Appeals Board of a claim of lien filed under Section 4903 of the…
- § 2736 The Director of Employment Development shall determine the amount of the overpayment and shall notify the recipient of the basis of the overpayment…
- § 2737 (a) Within 30 days from the date of mailing or serving of the notice of overpayment determination, the person affected may file an appeal to an administrative…
- § 2738 The Appeals Board shall review an appeal from an overpayment determination as provided in Sections 1336 and 1337 and determine what amount, if any, shall be…
- § 2739 The Director of Employment Development, subject to this article, may do any or all of the following in the recovery of overpayments of disability benefits: (a)…
- § 2739.1 An abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 2739, or a copy thereof, may be recorded with the county recorder of any county.…
- § 2739.2 (a) If an abstract has been recorded as provided in Section 2739.1 and the lien, including any interest, costs, and penalty has been satisfied in full, the…
- § 2739.5 Notwithstanding any other provision of law to the contrary, the Franchise Tax Board shall aid the director in the recovery of overpayments of disability…
- § 2740 No person shall be liable for the amount of benefits received where the benefits were paid pursuant to an administrative law judge’s decision which affirmed an…
- § 2741 Any claim of lien filed with the Workmen’s Compensation Appeals Board under the provisions of Section 4903 of the Labor Code shall be fully discharged and…
- § 2742 The director shall enforce collection of any judgment obtained by him or her under subdivision (a) or subdivision (b), or both, of Section 2739. Amounts…
ARTICLE 6. Rights of Trainees §§ 2765–2772 · 8 sections
- § 2765 Notwithstanding any inconsistent provisions of this part the benefit rights of trainees shall be determined in accordance with the provisions of this article…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
ARTICLE 7. Rights of Industrially Disabled Persons §§ 2775–2778 · 4 sections
- § 2775 Notwithstanding any inconsistent provisions of this part, the benefit rights of industrially disabled persons shall be determined in accordance with the…
- § 2776 As used in this article: (a) “Industrially disabled person” means an individual who has received or is entitled to receive benefits under Division 4…
- § 2777 Except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any industrially disabled person the disability base period shall…
- § 2778 No disqualification shall be applied to any industrially disabled person after the termination of his industrial disability, by reason of any act or course of…
CHAPTER 2.4. Nonindustrial Disability Insurance for State Employees §§ 2781–2783 · 3 sections
- § 2781 Except as provided in this chapter and Chapter 2.5 (commencing with Section 19878) of Part 2.6 of Division 5 of Title 2 of the Government Code, a state…
- § 2782 (a) The provisions of Chapter 4 (commencing with Section 2901), Chapter 5 (commencing with Section 3001), and Chapter 6 (commencing with Section 3251) of Part…
- § 2783 (a) Nonindustrial disability benefits are payable by the Controller upon authorization by the Employment Development Department to individuals who are eligible…
CHAPTER 4. Contributions §§ 2901–2903 · 3 sections
- § 2901 Each individual performing services for an employer in employment shall contribute to the Disability Fund the contributions required of such individual by…
- § 2902 Notwithstanding any other provision of this division, any individual who adheres to the faith or teaching of any bona fide religious sect, denomination, or…
- § 2903 The time, procedure, manner of payment and collection of contributions under this part shall be in accordance with the provisions of Part 1 of this division.
CHAPTER 5. Financial Provisions §§ 3001–3075 · 16 sections
ARTICLE 1. Disability Fund §§ 3001–3015 · 14 sections
- § 3001 (a) The Unemployment Compensation Disability Fund is continued in existence as a special fund in the State Treasury, separate and apart from all other public…
- § 3002 The State Treasurer is the treasurer of the Disability Fund and shall have the custody of all money belonging to the Disability Fund and not otherwise held,…
- § 3003 (a) Except as provided in subdivision (c), all surplus money in the Disability Fund may be invested solely in securities set forth in subdivision (b) of this…
- § 3004 The Disability Fund consists of all contributions required of individuals under Section 984 with respect to wages paid by employers for employment; all money…
- § 3005 All money received from the Federal Government for disability benefit purposes or for the administration of this part shall be deposited in the Disability Fund…
- § 3006 There shall be no further transfer of money from the Unemployment Trust Fund to the Disability Fund.
- § 3008 All money collected under Section 984 shall be deposited in the Disability Fund.
- § 3009 Refunds, credits, or judgments, and interest thereon, payable for contributions erroneously collected under Sections 984 and 985 may be paid from the…
- § 3010 Any amounts determined by the director or his authorized representatives to be payable to employing units or workers as refunds of amounts deposited in the…
- § 3011 Whenever any warrant is drawn on an account in the Disability Fund by the Controller, and the same remains unclaimed after one year, the amount thereof shall…
- § 3012 (a) Notwithstanding Section 13340 of the Government Code, all money in the Disability Fund is continuously appropriated for the purpose of providing disability…
- § 3013 A sum to be determined by the Director of Finance, of amounts deposited in the disability fund, may be used for the necessary expenses of administration of…
- § 3014 Withdrawals by the director from the Disability Fund for the payment of refunds, credits, or judgments, and disability benefits are exempted from the operation…
- § 3015 The department shall have priority to occupy any space in the buildings and facilities financed by the Disability Fund, which comprise any space in the…
ARTICLE 2. Disability Administration Account § 3051 · 1 section
- § 3051 There is a Disability Administration Account within the Disability Fund. The director may, without at the time furnishing vouchers and itemized statements,…
ARTICLE 3. Disability Benefit Payment Account § 3075 · 1 section
- § 3075 The director shall, without presenting vouchers and itemized statements, withdraw from the Disability Fund any sums that he or she deems necessary for the…
CHAPTER 6. Voluntary Plans §§ 3251–3272 · 25 sections
- § 3251 An employer, a majority of the employees employed in this state of an employer, or both, may apply to the Director of Employment Development for approval of a…
- § 3252 (a) Except as provided by subdivision (b) of this section, neither an employee nor his or her employer shall be liable for the worker contributions required…
- § 3253 Except as provided in this part, an employee covered by an approved voluntary plan at the commencement of a disability benefit period shall not be entitled to…
- § 3254 The Director of Employment Development shall approve any voluntary plan, except one filed pursuant to Section 3255, as to which he or she finds that there is…
- § 3254.1 (a) For the purposes of this section, “small-business-third-party administrator” (hereafter SBTPA), means an applicant that the director finds meets all of the…
- § 3254.5 A voluntary plan in force and effect at the time a successor employing unit acquires the organization, trade, or business, or substantially all the assets…
- § 3255 When workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and several employers or…
- § 3256 During the effective period of a plan approved under Section 3255 the employer, or his agent appointed under Section 1096, may make the pay roll deductions…
- § 3257 Whenever eighty-five percent (85%) of the employees to whom a plan is available have consented to the plan, the employer, or seventy-five percent (75%) of the…
- § 3258 If a voluntary plan does not provide for the assumption by an admitted disability insurer of the liability of the employer to pay the benefits afforded by the…
- § 3259 Whenever an approved voluntary plan is insured by an admitted disability insurer, the insurer shall be substituted for the employer with respect to any…
- § 3260 An employer may, but need not, assume all or part of the cost of the plan, and may deduct from the wages of an employee covered by the plan, for the purpose of…
- § 3260.5 (a) All deductions from the wages of an employee remaining in the possession of the employer upon its voluntary withdrawal of the plan as a result of plan…
- § 3261 All employee contributions and income arising therefrom received or retained by an employer under an approved voluntary plan are trust funds that are not…
- § 3262 (a) The Director of Employment Development may terminate any voluntary plan if the director finds that there is danger that the benefits accrued or to accrue…
- § 3263 (a) An employee is no longer covered by an approved voluntary plan if a disability arose after the employment relationship with the voluntary plan employer…
- § 3264 If any employer or insurer wholly or partially denies liability upon the claim of an employee for disability benefits under an approved plan, the employee may…
- § 3265 (a) If, on appeal, it is decided that an employee is entitled to receive disability benefits under an approved voluntary plan and the employer or insurer fails…
- § 3266 The director shall in accordance with his or her authorized regulations determine the portion of the aggregate amount of refunds and credits to employees made…
- § 3267 Employers whose employees are participating in an approved voluntary plan and any insurer of an approved plan shall furnish such reports and information and…
- § 3268 The Director of Employment Development shall, in accordance with his authorized regulations, promptly furnish to employers, employees, or insurers, such…
- § 3269 The director shall in accordance with his or her authorized regulations, determine each fiscal year the total amount expended for added administrative work…
- § 3270 The provisions of subdivision (i) of Section 3254 and subdivision (i) of Section 3255, dealing with substantial selection of risks adverse to the Disability…
- § 3271 (a) The director shall approve any amendment to a voluntary plan adjusting the provisions thereof as to periods after the effective date of the amendment as to…
- § 3272 The provisions of Article 9 (commencing with Section 1176) of Chapter 4 of Part 1 of this division shall apply to amounts collected under Sections 3252, 3260,…
CHAPTER 7. Paid Family Leave §§ 3300–3308 · 14 sections
- § 3300 The Legislature finds and declares all of the following: (a) It is in the public benefit to provide family temporary disability insurance benefits to workers…
- § 3301 (a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family… see note
- § 3301.5 (a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family…
- § 3302 On and after July 1, 2014, for purposes of this part: (a) “Care recipient” means the family member who is receiving care for a serious health condition or the…
- § 3302.1 (a) For purposes of this chapter: (1) “Covered active duty” means, with respect to a member of the regular Armed Forces of the United States, duty during the…
- § 3302.2 For purposes of this chapter, a “qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic…
- § 3303 (a) On and after July 1, 2014, only if the director makes both of the findings described in subdivision (b), an individual shall be deemed eligible for family…
- § 3303.1 (a) An individual is not eligible for family temporary disability insurance benefits with respect to any day that any of the following apply: (1) The…
- § 3304 (a) Eligible workers shall receive benefits in accordance with provisions established under this division. (b) This section shall remain in effect only until…
- § 3304.5 (a) The department shall issue the initial payment for family temporary disability insurance benefits under this chapter to a monetarily eligible claimant who…
- § 3305 If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance…
- § 3306 (a) The director may request additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without…
- § 3307 (a) When an employee requests for the first time leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty…
- § 3308 (a) In addition to English, the department shall distribute the application for family temporary disability insurance benefits in all non-English languages…