BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 23 X3
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          (  Without Reference to File  )

          ASSEMBLY THIRD READING
          AB 23 X3 (Coto and Arambula)
          As Amended  March 9, 2009
          2/3 vote.  Urgency 

           INSURANCE           8-2         APPROPRIATIONS      11-4        
           
           ----------------------------------------------------------------- 
          |Ayes:|Coto, Blakeslee,          |Ayes:|De Leon, Ammiano,         |
          |     |Arambula, Carter, Feuer,  |     |Charles Calderon,         |
          |     |Hayashi, Nava, Torres     |     |Fuentes, Hall, Jones,     |
          |     |                          |     |John Perez, Price,        |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson                 |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Garrick, Niello           |Nays:|Nielsen, Duvall, Harkey,  |
          |     |                          |     |Miller                    |
           ----------------------------------------------------------------- 
           SUMMARY  :  Establishes an alternative base period to determine if  
          unemployed individuals have earned sufficient wages to qualify  
          for unemployment insurance (UI) benefits, and establishes  
          eligibility for an additional 20 weeks of federally-funded  
          extended UI benefits.  Specifically,  this bill  :

          1)Specifies that if a person has not been paid sufficient wages  
            in the first four of the last five completed calendar quarters  
            to establish a benefit year for purposes of UI benefits, then  
            the "base period" shall be the last four completed calendar  
            quarters.  This is referred to as an alternative base period  
            (ABP).

          2)Provides that in determining UI benefits under the ABP:

             a)   The Employment Development Department (EDD) shall base  
               computations on available wage information processed as of  
               the close of business on the day preceding the date of  
               application;

             b)   If the wage information is not already in EDD's system,  
               the employer shall, within 10 days after the mailing of the  
               request from that department, transmit to the department  








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               the information on the employee's wages and any other  
               information relevant to the request.  The 10-day period may  
               be extended for good cause;

             c)   If the requested wage and other relevant information is  
               not received by EDD, that department shall accept an  
               affidavit of wages and other relevant information from the  
               claimant in accordance with EDD regulations.  These  
               regulations will be adopted as emergency regulations;

             d)   Requires EDD to adjust a claimant's UI benefits when the  
               quarterly report from the employer is received if that  
               information causes a change in the determination; and,

             e)   Provides that, except in the event of fraud, if it is  
               determined that information provided by the claimant on an  
               affidavit is erroneous, no penalty or refund of benefits  
               shall be imposed on the claimant for the period prior to  
               the calendar week in which the employer provides subsequent  
               wage information.

          3)Sets an "on" indicator for federal-state extended UI benefits  
            when the average rate of total unemployment in the state in  
            the most recent three months equals or exceeds 6.5%, and the  
            average rate of total unemployment in the most recent three  
            months equals or exceeds 110% of that average for either or  
            both of the corresponding three month periods ending in the  
            two preceding calendar years.  

          4)Specifies that this "on" indicator shall apply to weeks of  
            unemployment beginning on February 1, 2009, and shall become  
            inoperative on December 6, 2009, or on the date the federal  
            sharable extended compensation authorized by Public Law 111-5  
            (the 2009 federal economic stimulus legislation) expires,  
            whichever is later.

          5)Establishes the total extended compensation amount that an  
            eligible individual may receive when the total unemployment  
            rate during the most recent three months exceeds 8%.  In that  
            instance, the amount shall be not less than whichever of the  
            following is the least:

             a)   80% of the total amount of regular compensation payable  
               to him or her during that benefit year;








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             b)   20 times his or her average weekly benefit amount; and,

             c)   46 times his or her average weekly benefit amount,  
               reduced by the regular compensation paid to him or her  
               during that benefit year.

          6)Provides that individuals who continue to meet all other  
            requirements may not be required to re-apply for federal  
            extended UI benefits.

          7)Specifies that these extended benefits (described in #5 above)  
            apply to weeks on or after February 1, 2009.  This state law  
            and the authority for the benefits expires on December 6,  
            2009, or on the date the federal sharable compensation  
            authorized by Public Law 111-5 expires, whichever is later.

          8)Establishes this act as an urgency statute necessary to  
            address the weakened state economy.

           EXISTING LAW  :

          1)Provides that unemployment insurance benefits shall be based  
            on wages paid in the first four of the last five completed  
            calendar quarters.  That time period is known as the "base  
            period."

          2)Establishes an "on" indicator for purposes of implementing  
            federal-state UI extended benefits if during the preceding 13  
            weeks the  insured unemployment rate (IUR)  equals or exceeds  
            6%, or 120% of the average of the rates for the corresponding  
            13-week period ending in each of the preceding two calendar  
            years and exceeds 5%.

          3)Requires that in order to qualify for federal extended  
            benefits, an unemployed individual must have previously been  
            found eligible for regular UI, have exhausted their regular UI  
            benefits, must continue to seek work, and have had earnings  
            exceeding 40 times the weekly UI benefit during a one-year  
            base period, or earnings exceeding 1.5 times the highest  
            calendar quarter of earnings.  


           FISCAL EFFECT  :   The Assembly Appropriations Committee analysis  








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          states the following:
          One-time increase of $840 million in federal funds into the UI  
          Trust Fund as a result of establishing the ABP.  Increased  
          federal funding in the range of $2.5 billion to $3 billion for  
          20 weeks of additional emergency UI benefits during 2009.  The  
          increased federal funding is offset by ongoing ABP benefit  
          payments beginning in 2009-10 from the UI Trust Fund of $50  
          million to $70 million.  Potential, likely minor, General Fund  
          costs to state and educational agencies (schools and colleges)  
          related to ABP and emergency benefit increases.  Unknown impacts  
          to local public agencies to the extent increased federally  
          funded benefits require an increased employer contribution.

           COMMENTS  :   

          1)The UI Program is administered by EDD as part of a  
            federal-state system to provide unemployment compensation to  
            workers who lose their job through no fault of their own.  The  
            benefits range from $40 to $450 per week in California  
            depending upon earnings during a 12-month base period.  The  
            regular UI Program is financed by employers who pay  
            unemployment taxes on the first $7,000 of earnings by each  
            worker.  Federal extended benefits are fully paid by the  
            federal government.

            In the most recent period in which data are available, January  
            2009, there were 1,863,000 people unemployed in California and  
            the unemployment rate was 10.1%.  In January 2009, 717,525  
            people received regular UI benefits during the survey week.   
            Another 259,903 people were certified for federal emergency UI  
            benefits in California in January 2009.  Thus, only 52% of  
            unemployed workers in California receive UI benefits.

          2)This bill proposes to establish an alternative base period  
            (ABP) to determine if unemployed workers have sufficient  
            earnings to qualify for UI benefits.  California's existing  
            base period excludes earnings in the last three to six months  
            of employment.  This bill specifies that unemployed persons  
            who fail to qualify for benefits under the existing base  
            period would then have their eligibility determined under the  
            ABP in which earnings as recent as one to three months may be  
            counted.  This can establish UI eligibility for some workers  
            such as seasonal or low-wage workers.  









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          3)A new federal law, titled the American Recovery and  
            Reinvestment Act (ARRA, commonly referred to as the "federal  
            stimulus legislation"), provides monetary incentives to states  
            that modernize their unemployment insurance programs.  The  
            federal law would provide California with $839 million in  
            federal funds (one-time) to support the UI Program if  
            California adopts the ABP method for calculating UI benefits.   
            California already meets the other federal ARRA criteria  
            including UI eligibility for part-time employment, retraining  
            instruction, and unemployment due to recognized family  
            situations.    

          4)Adoption of the ABP would provide UI benefits to an estimated  
            30,000 workers annually in California who are now falling  
            through the cracks of the unemployment program.  EDD estimates  
            the ABP will provide $69 million in UI benefits each year.   
            The following is an example of how the ABP can help an  
            unemployed individual.  An employee who was unemployed for one  
            year, then works and earns $3,600 in a three-month period, and  
            is subsequently laid off of work, would not be eligible for UI  
            under the existing base period method until 6 months had  
            elapsed, but could promptly qualify for $115 in weekly UI  
            benefits under the alternative base period method.

          5)The federal ARRA legislation also provides authority for  
            states with high rates of unemployment to enact state  
            legislation which permits long-term unemployed people to  
            access up to an additional 20 weeks of extended benefits under  
            the UI Program that are 100% payable by the federal  
            government.  This bill proposes to accomplish this for  
            California.  
            Under existing law, the maximum duration of regular UI  
            benefits is 26 weeks and the maximum duration of federal  
            emergency unemployment benefits is 33 weeks.  Thus, the  
            present maximum duration of UI benefits in California is 59  
            weeks.  The enactment of the federal ARRA and this bill will  
            make it possible for long-term unemployed Californians, who  
            meet specific criteria, to obtain up to a total of 79 weeks of  
            unemployment benefits (26+33+20 weeks).  These 20 weeks of  
            extended benefits would not affect employers' reserve  
            accounts.

          6)The federal extended UI benefits made available by this bill  
            to unemployed residents of California will result in 100%  








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            federal funding during calendar year 2009.  This amount is  
            estimated to be between $2.5 billion and $3 billion in  
            benefits in 2009.  This bill will  not  cause an increase in  
            state costs during calendar year 2010 as a result of the  
            extended benefits provision (i.e., there will not be a 50/50  
            split of federal and state costs for extended UI benefits  
            during calendar year 2010 as a result of this bill).  The bill  
            specifies that the extended benefits provision sunsets on  
            December 6, 2009, or on the date the federal sharable extended  
            compensation authorized by the federal ARRA legislation  
            expires, whichever is later.  The relevant federal provision  
            expires on December 31, 2009 (Section 2005 (a) of the ARRA, as  
            cited in the text of AB 23 X3).

           
          Analysis Prepared by  :     Manny Hernandez / INS. / (916)  
          319-2086  
                                                                 FN: 0000185