Amended in Assembly April 21, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2197


Introduced by Assembly Member Cristina Garcia

February 18, 2016


An act to amend Section 1253.3 of, and tobegin insert amend andend insert repeal Sections 1451, 1452, and 1453 of, the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2197, as amended, Cristina Garcia. 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 educational institution 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 educational institution 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. Existing law requires specified notice regarding reasonable assurance of employment in the following academic term be sent to employees before the end of the current academic term. Existing law also authorizes payment of unemployment insurance benefits, using funds from the State Department of Education, to the 2nd category of educational employees at specified schools between academic terms in circumstances where benefits would otherwise be denied.

This bill would delete the prohibition on the payment of unemployment benefits to education employees of a public school, other than teachers, researchers, and administrators, as specified, between 2 academic years. The bill would phase in up to 8 weeks of benefits available to those specified employees over a 4-year timeframe and would make conforming changes, including eliminating the provisions for payment of unemployment benefits to these employees at specified schools.

Because this bill would expand the categories of people who could receive benefits from the Unemployment 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:

P2    1

SECTION 1.  

Section 1253.3 of the Unemployment Insurance
2Code
is amended to read:

3

1253.3.  

(a) Notwithstanding any other provision of this
4division, unemployment compensation benefits, extended duration
5benefits, and federal-state extended benefits are payable on the
6basis of service to which Section 3309(a)(1) of the Internal
7Revenue Code applies, in the same amount, on the same terms,
8and subject to the same conditions as benefits payable on the basis
9of other service subject to this division, except as provided by this
10section.

11(b) Benefits specified by subdivision (a) based on service
12performed in the employ of a nonprofit organization, or of a public
13entity, as defined by Section 605, with respect to service in an
14 instructional, research, or principal administrative capacity for an
15educational institution are not payable to any individual with
16respect to any week which begins during the period between two
17successive academic years or terms or, when an agreement provides
18instead for a similar period between two regular but not successive
P3    1terms, during that period, or during a period of paid sabbatical
2leave provided for in the individual’s contract, if the individual
3performs services in the first of the academic years or terms and
4if there is a contract or a reasonable assurance that the individual
5will perform services for any educational institution in the second
6of the academic years or terms.

7(c) (1) Except as provided in paragraph (2), benefits specified
8by subdivision (a) based on service performed in the employ of a
9 nonprofit organization, or of a public entity, as defined by Section
10605, with respect to service in any other capacity than specified
11in subdivision (b) for an educational institution shall not be payable
12to any individual with respect to any week which commences
13during a period between two successive academic years or terms
14if the individual performs the service in the first of the academic
15years or terms and there is a reasonable assurance that the
16individual will perform the service in the second of the academic
17years or terms. However, if the individual was not offered an
18opportunity to perform the services for an educational institution
19for the second of the academic years or terms, the individual shall
20be entitled to a retroactive payment of benefits for each week for
21which the individual filed a timely claim for benefits and for which
22benefits were denied solely by reason of this subdivision.
23Retroactive benefits shall be claimed in accordance with the
24department’s procedures which shall specify that except where the
25individual was entitled to benefits based on services performed
26for other than an educational institution, an individual who has a
27reasonable assurance of reemployment may satisfy the search for
28work requirement of subdivision (e) of Section 1253, by registering
29for work pursuant to subdivision (b) of Section 1253 during the
30period between the first and second academic terms or years. A
31claim for retroactive benefits may be made no later than 30 days
32following the commencement of the second academic year or term.

33(2) Benefits specified by subdivision (a) are authorized for an
34employee of a public school, as defined in Section 22161 of the
35Education Code, for the period between two successive academic
36years or terms, as described in paragraph (1), as follows:

37(A) Two weeks of benefits duringbegin delete 2016end deletebegin insert 2017,end insert beginning July
381.

39(B) Four weeks of benefits duringbegin delete 2017end deletebegin insert 2018,end insert beginning July
401.

P4    1(C) Six weeks of benefits duringbegin delete 2018end deletebegin insert 2019,end insert beginning July 1.

2(D) Eight weeks of benefits duringbegin delete 2019end deletebegin insert 2020,end insert and each year
3begin delete thereafterend deletebegin insert thereafter,end insert beginning July 1.

4(d) Benefits specified by subdivision (a) based on service
5performed in the employ of a nonprofit organization, or of any
6entity as defined by Section 605, with respect to services specified
7by subdivision (b) or (c), are not payable to any individual with
8respect to any week that commences during an established and
9customary vacation period or holiday recess if the individual
10performs the specified services in the period immediately before
11the vacation period or holiday recess, and there is a reasonable
12assurance that the individual will perform the services in the period
13immediately following the vacation period or holiday recess.

14(e) With respect to any services specified by subdivision (b) or
15(c), compensation payable on the basis of services in that capacity
16may be denied as specified in subdivision (b), (c), or (d) to any
17individual who performed the services in an educational institution
18while in the employ of an educational service agency, and for this
19purpose the term “educational service agency” is defined as a
20governmental agency or governmental entity that is established
21and operated exclusively for the purpose of providing the services
22to one or more educational institutions.

23(f) Benefits specified by subdivision (a) based on service
24performed in the employ of a nonprofit organization, or of any
25entity as defined by Section 605, are not payable during the periods
26of time, and subject to the same conditions, contained in
27subdivisions (b), (c), (d), and (h), if the services are provided to,
28or on behalf of, an educational institution.

29(g) For purposes of this section, “reasonable assurance” includes,
30but is not limited to, an offer of employment or assignment made
31by the educational institution, provided that the offer or assignment
32is not contingent on enrollment, funding, or program changes. An
33individual who has been notified that he or she will be replaced
34and does not have an offer of employment or assignment to perform
35 services for an educational institution is not considered to have
36reasonable assurance.

37(h) For purposes of this section, if the time for service performed
38during the period of and pursuant to any contract for any academic
39year or term by an individual for any employing unit as specified
40in subdivision (b) or (c) constitutes one-half or more of the time
P5    1in total service performed for the employing unit by the individual
2during that same period for remuneration, all the services of the
3individual for the employing unit for that period shall be deemed
4subject to the benefit payment restriction provisions of this section.

5(i) Any entity as defined by Section 605, with respect to any
6individual performing a service in any other capacity other than
7specified in subdivision (b) for an educational institution, shall
8provide a written statement indicating the following to the
9individual no later than 30 days before the end of the first of the
10academic years or terms:

11(1) Whether or not there is a reasonable assurance of
12reemployment.

13(2) Whether or not it is stated that the individual has no
14reasonable assurance of reemployment, that the individual should
15file a claim for benefits at the close of the academic year or term.

16(3) If it is stated that the individual has reasonable assurance of
17reemployment, the written statement shall also inform the employee
18that he or she may file a claim for benefits and that the
19determination for eligibility for benefits is made by the
20Employment Development Department and not by the employer.

21(4) If it is stated that the individual has reasonable assurance of
22reemployment, that the individual shall be entitled to a retroactive
23payment of benefits if the individual is not offered an opportunity
24to perform the services for the educational institution for the second
25of the academic years or terms, if the individual is otherwise
26eligible and he or she filed a claim for each week benefits are
27claimed, and if a claim for retroactive benefits is made no later
28than 30 days following the commencement of the second academic
29year or term.

30begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1451 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
31amended to read:end insert

32

1451.  

begin insert(a)end insertbegin insertend insert Nonprofessional employees of the Fremont and
33Riverside campuses of the California School for the Deaf, the
34Fremont campus of the California School for the Blind, and the
35diagnostic schools for individuals with neurological disabilities
36located in Los Angeles, San Francisco, and Fresno, shall be eligible
37for benefits provided by this chapter, on the same terms and
38conditions as are specified by this part, Part 3 (commencing with
39Section 3501), and Part 4 (commencing with Section 4001), for
40all other individuals, except where inconsistent withbegin delete the provisions
P6    1ofend delete
this chapter. Except where inconsistent withbegin delete the provisions ofend delete
2 this chapter,begin delete the provisions ofend delete this division and authorized
3regulations shall apply to any matter arising pursuant to this
4chapter.

begin insert

5
(b) This section shall become inoperative on July 1, 2017, and,
6as of January 1, 2018, is repealed.

end insert
7begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1452 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
8amended to read:end insert

9

1452.  

begin insert(a)end insertbegin insertend insert Notwithstanding Section 1253.3, between terms
10unemployment compensation benefits are payable by the
11Controller, from funds appropriated for support of the State
12Department of Education and allocated to the state special schools,
13upon authorization by the Employment Development Department
14to individuals who are eligible to receive these benefits under this
15chapter. These benefits shall only be paid for weeks of
16unemployment occurring between school terms and during an
17established and customary vacation period or holiday recess when
18other benefits are denied solely by reason of Section 1253.3.

begin insert

19
(b) This section shall become inoperative on July 1, 2017, and,
20as of January 1, 2018, is repealed.

end insert
21begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1453 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
22amended to read:end insert

23

1453.  

(a) There shall be transferred to the Employment
24Development Department from funds appropriated for support of
25the State Department of Education and allocated to the state special
26schools, at the times and in the manner provided in subdivision
27(b), an amount equal to the additional cost to the Employment
28Development Department for added administrative work arising
29out of this chapter.

30(b) The director shall determine the sums he or she estimates
31the department will be entitled to receive from the State Department
32of Education under this section for each fiscal year, reduced or
33increased by any sum by which he or she finds that his or her
34estimates for any prior fiscal year were greater or less than the
35amounts which were actually required. The sum of the amounts
36transferred or expended pursuant to Section 1452, subdivision (a),
37and this subdivision in any one fiscal year shall not exceed the
38amount appropriated in the then current fiscal year to the State
39Department of Education for the purposes of this chapter.

P7    1(c) The director may require from the State Department of
2Educationbegin delete suchend deletebegin insert theend insert employment, wage, financial, statistical, or
3other information and reports, properly verified, as may be deemed
4necessary by the director to carry out his or her duties under this
5division, which shall be filed with the director at the time and in
6the manner prescribed by him or her.

7(d) The director may tabulate and publish information obtained
8pursuant to this chapter in statistical form and may divulge the
9name of the employing unit.

10(e) The State Department of Education shall provide each
11employee subject to this chapter, at the end of each school term,
12with written information advising the employee of benefit rights
13pursuant to this chapter.

begin insert

14
(f) This section shall become inoperative on July 1, 2017, and,
15as of January 1, 2018, is repealed.

end insert
begin delete16

SEC. 2.  

Section 1451 of the Unemployment Insurance Code
17 is repealed.

end delete
begin delete18

SEC. 3.  

Section 1452 of the Unemployment Insurance Code
19 is repealed.

end delete
begin delete20

SEC. 4.  

Section 1453 of the Unemployment Insurance Code
21 is repealed.

end delete


O

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