BILL NUMBER: AB 615	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 20, 2013

   An act to amend Section 1253.3 of the Unemployment Insurance Code,
relating to unemployment insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 615, as introduced, Bocanegra. Unemployment insurance:
classified employees.
   Existing law provides for the payment of unemployment compensation
benefits and extended duration benefits to eligible persons who meet
specified requirements. Existing law prohibits the payment of
unemployment benefits to education employees of a public entity, as
defined, including teachers, researchers, and administrators for the
period between 2 academic years when there is a reasonable assurance
that the employee will perform his or her regular services in the
subsequent academic year, except as specified. Existing law similarly
prohibits the payment of unemployment benefits to specified
education employees of a public entity, other than teachers,
researchers, or administrators between 2 academic years, except as
specified, but provides a procedure for this 2nd category of
educational employees, under certain conditions, to seek payment of
retroactive unemployment benefits for the period between 2 academic
years.
   This bill would delete the prohibition on the payment of
unemployment benefits to education employees, other than teachers,
researchers, and administrators, as specified, between 2 academic
years and would make conforming changes.
   Because this bill would expand the categories of people who could
receive benefits from the Unemployment Insurance Fund, a
continuously-appropriated fund, it would make an appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1253.3 of the Unemployment Insurance Code is
amended to read:
   1253.3.  (a) Notwithstanding any other provision of this division,
unemployment compensation benefits, extended duration benefits, and
federal-state extended benefits are payable on the basis of service
to which Section 3309(a)(1) of the Internal Revenue Code of 1954
applies, in the same amount, on the same terms, and subject to the
same conditions as benefits payable on the basis of other service
subject to this division, except as provided by this section.
   (b) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to service in an
instructional, research, or principal administrative capacity for an
educational institution are not payable to any individual with
respect to any week which begins during the period between two
successive academic years or terms or, when an agreement provides
instead for a similar period between two regular but not successive
terms, during that period, or during a period of paid sabbatical
leave provided for in the individual's contract, if the individual
performs services in the first of the academic years or terms and if
there is a contract or a reasonable assurance that the individual
will perform services for any educational institution in the second
of the academic years or terms. 
   (c) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to service in any other
capacity than specified in subdivision (b) for an educational
institution shall not be payable to any individual with respect to
any week which commences during a period between two successive
academic years or terms if the individual performs the service in the
first of the academic years or terms and there is a reasonable
assurance that the individual will perform the service in the second
of the academic years or terms. However, if the individual was not
offered an opportunity to perform the services for an educational
institution for the second of the academic years or terms, the
individual shall be entitled to a retroactive payment of benefits for
each week for which the individual filed a timely claim for benefits
and for which benefits were denied solely by reason of this
subdivision. Retroactive benefits shall be claimed in accordance with
the department's procedures which shall specify that except where
the individual was entitled to benefits based on services performed
for other than an educational institution, an individual who has a
reasonable assurance of reemployment may satisfy the search for work
requirement of subdivision (e) of Section 1253, by registering for
work pursuant to subdivision (b) of Section 1253 during the period
between the first and second academic terms or years. A claim for
retroactive benefits may be made no later than 30 days following the
commencement of the second academic year or term.  
   (d) 
    (c)  Benefits specified by subdivision (a) based on
service performed in the employ of a nonprofit organization, or of
any entity as defined by Section 605, with respect to services
specified by subdivision (b)  or (c)  , are not
payable to any individual with respect to any week that commences
during an established and customary vacation period or holiday recess
if the individual performs the services in the period immediately
before the vacation period or holiday recess, and there is a
reasonable assurance that the individual will perform the services in
the period immediately following the vacation period or holiday
recess. 
   (e) 
    (d)  With respect to any services specified by
subdivision (b)  or (c)  , compensation payable on
the basis of services in that capacity may be denied as specified in
subdivision (b)  , (c), or (d)   or (c)  to
any individual who performed the services in an educational
institution while in the employ of an educational service agency, and
for this purpose the term "educational service agency" means a
governmental agency or governmental entity that is established and
operated exclusively for the purpose of providing the services to one
or more educational institutions. 
   (f) 
    (e)  Benefits specified by subdivision (a) based on
service performed in the employ of a nonprofit organization, or of
any entity as defined by Section 605, are not payable during the
periods of time, and subject to the same conditions, contained in
subdivisions (b), (c),  (d), and (h)   and (g)
 , if the services are provided to, or on behalf of, an
educational institution. 
   (g) 
    (f)  For purposes of this section, "reasonable assurance"
includes, but is not limited to, an offer of employment or
assignment made by the educational institution, provided that the
offer or assignment is not contingent on enrollment, funding, or
program changes. An individual who has been notified that he or she
will be replaced and does not have an offer of employment or
assignment to perform services for an educational institution is not
considered to have reasonable assurance. 
   (h) 
    (g)  For purposes of this section, if the time for
service performed during the period of and pursuant to any contract
for any academic year or term by an individual for any employing unit
as specified in subdivision (b)  or (c) 
constitutes one-half or more of the time in total service performed
for the employing unit by the individual during that same period for
remuneration, all the services of the individual for the employing
unit for that period shall be deemed subject to the benefit payment
restriction provisions of this section. 
   (i) 
    (h)  Any entity as defined by Section 605, with respect
to any individual performing a service in any other capacity other
than specified in subdivision (b) for an educational institution,
shall provide a written statement indicating the following to the
individual no later than 30 days before the end of the first of the
academic years or terms:
   (1) Whether or not there is a reasonable assurance of
reemployment.
   (2) Whether or not it is stated that the individual has no
reasonable assurance of reemployment, that the individual should file
a claim for benefits at the close of the academic year or term.
   (3) If it is stated that the individual has reasonable assurance
of reemployment, the written statement shall also inform the employee
that he or she may file a claim for benefits and that the
determination for eligibility for benefits is made by the Employment
Development Department and not by the employer.
   (4) If it is stated that the individual has reasonable assurance
of reemployment, that the individual shall be entitled to a
retroactive payment of benefits if the individual is not offered an
opportunity to perform the services for the educational institution
for the second of the academic years or terms, if the individual is
otherwise eligible and he or she filed a claim for each week benefits
are claimed, and if a claim for retroactive benefits is made no
later than 30 days following the commencement of the second academic
year or term.