CHAPTER 2. Disability Benefits [2625. - 2778.]

Chapter 2 enacted by Stats. 1953, Ch. 308.

§§ 2625–2778 · 75 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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,…
7. 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…