BILL NUMBER: SB 968 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Negrete McLeod
(Coauthors: Senators Correa, DeSaulnier, and Oropeza)
FEBRUARY 5, 2010
An act to amend Sections 1267, 1268, 1269, 1271, 1271.5, and 1272
of the Unemployment Insurance Code, relating to unemployment
insurance, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 968, as introduced, Negrete McLeod. Unemployment insurance:
retraining benefits.
Existing law provides for unemployment compensation benefits to
eligible persons who are unemployed through no fault of their own.
Existing law, until January 1, 2015, provides for retraining benefits
to eligible individuals pursuant to the federal Trade Act of 1974,
as amended by the federal Trade Act of 2002. Existing law authorizes
an unemployed individual who files a claim for unemployment
compensation benefits or extended duration benefits, or an
application for federal-state extended benefits or any federally
funded unemployment compensation benefits, to apply to the Employment
Development Department for benefits during a period of training or
retraining.
This bill would, instead, specify that an unemployed individual
shall be eligible for those training and retraining benefits,
regardless of whether the individual applies to the department for a
determination of potential eligibility.
Existing law requires that a determination of potential
eligibility for specified training and retraining benefits be issued
to an unemployed individual if the Director of Employment Development
finds that specified conditions apply.
This bill would remove the requirement that the director make a
specified finding for a determination of eligibility for those
training and retraining benefits to be issued to an unemployed
individual if those conditions apply.
Existing law specifies that any unemployed individual receiving
certain unemployment compensation benefits, who applies for a
determination of potential eligibility for those benefits no later
than the 16th week of his or her receiving those benefits, and is
determined to be eligible for those benefits, is entitled to a
training extension on his or her unemployment claim, if necessary, to
complete approved training.
This bill would eliminate that requirement that an individual
apply for a determination of potential eligibility no later than the
16th week of his or her receiving those benefits, and would instead
require that any unemployed individual receiving unemployment
compensation benefits be entitled to a training extension on his or
her unemployment compensation claim, if necessary, to complete
approved training.
Existing law requires the department to inform all individuals who
claim unemployment insurance compensation benefits in this state of
the benefits potentially available, as provided.
This bill would require the department to also publicize and
promote the benefits available under those provisions on its Internet
Web site.
Existing law specifies that, for purposes of provisions governing
eligibility for work with respect to any week an individual is
eligible for unemployment benefits, an unemployed individual who is
able to work is eligible to receive benefits with respect to any week
during a period of training or retraining, if the director finds
that specified conditions apply.
This bill would remove that requirement that the director make a
specified finding for an unemployed individual who is able to work be
eligible to receive those benefits, if those specified conditions
apply.
Because the bill would make various changes to existing
eligibility requirements for training and retraining benefits, which
would result in additional amounts being payable from the
Unemployment Fund, the bill 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 1267 of the Unemployment Insurance Code is
amended to read:
1267. Notwithstanding any other provision of this division, with
respect to an unemployed individual otherwise eligible for benefits,
such those benefits shall not be denied
to an individual for any week because he or she is in approved
training or retraining with the approval of the
director , or because of the application to any such week
in training or retraining of any law of this state relating to
availability for work, active search for work, refusal to accept
work, or for leaving his or her most recent work, if continuing the
most recent work would require the individual to terminate his or her
training or retraining course of instruction. The individual is
considered to be in training or retraining during regularly scheduled
vacation or recess periods, such as Christmas and Thanksgiving
holidays, or semester breaks, but not during a summer vacation
period. As used in this article, "individual" includes an exhaustee
as defined in Section 3503, and any individual claiming federal-state
extended benefits under Part 4 (commencing with Section 4001), and
anyone receiving federally funded unemployment compensation benefits.
SEC. 2. Section 1268 of the Unemployment Insurance Code is amended
to read:
1268. An unemployed individual who files a claim for unemployment
compensation benefits or extended duration benefits, or an
application for federal-state extended benefits or any federally
funded unemployment compensation benefits , may apply to the
department for a determination of potential eligibility
shall be eligible for benefits during a period of training
or retraining.
SEC. 3. Section 1269 of the Unemployment Insurance Code is amended
to read:
1269. (a) A determination of
potential eligibility for benefits under this article shall
be issued to an unemployed individual if the director finds
that any of the following apply:
(a) The
(1) The training is authorized by
the federal Workforce Investment Act or by the Employment Training
Panel established pursuant to Chapter 3.5 (commencing with Section
10200) of Part 1 of Division 3.
(b) The
(2) The training is authorized by
the federal Trade Act of 1974, (19 U.S.C. Sec. 2101 et seq.), as
amended by the federal Trade Act of 2002 (Public Law 107-210),
pursuant to a certified petition.
(c) The
(3) The individual is a
participant in the California Work Opportunity and Responsibility to
Kids (CalWORKs) program pursuant to Article 3.2 (commencing with
Section 11320) or Article 3.3 (commencing with Section 11330) of
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code, and has entered into a contract with the county welfare
department to participate in an education or training program.
(d) That
(b) In addition to the requirements of
subdivision (a), that all of the following apply:
(1) The individual has been unemployed for four or more continuous
weeks, or the individual is unemployed and unlikely to return to his
or her most recent workplace because work opportunities in the
individual's job classification are impaired by a plant closure or a
substantial reduction in employment at the individual's most recent
workplace, by advancement in technological improvements, by the
effects of automation and relocation in the economy, or because of a
mental or physical disability which prohibits the individual from
utilizing existing occupational skills.
(2) One of the substantial causes of the individual's unemployment
is a lack of sufficient current demand in the individual's labor
market area for the occupational skills for which the individual is
fitted by training and experience or current physical or mental
capacity and that the lack of employment opportunities is expected to
continue for an extended period of time, or, if the individual's
occupation is one for which there is a seasonal variation in demand
in the labor market and the individual has no other skill for which
there is current demand.
(3) The training or retraining course of instruction relates to an
occupation or skill for which there are, or are expected to be in
the immediate future, reasonable employment opportunities in the
labor market area in this state in which the individual intends to
seek work and there is not a substantial surplus of workers with
requisite skills in the occupation in that area.
(4) If the individual is a journey level union member, the
training or retraining course of instruction is specific job-related
training necessary due to changes in technology, or necessary to
retain employment or to become more competitive in obtaining
employment.
(5) The training or retraining course of instruction is one
approved by the director and can be completed within one year.
(6) The training or retraining course is a full-time course
prescribed for the primary purpose of training the applicant in
skills that will allow him or her to obtain immediate employment in a
demand occupation and is not primarily intended to meet the
requirements of any degree from a college, community college, or
university.
(7) The individual can be reasonably expected to complete the
training or retraining successfully.
(8) The beginning date of training is more than three years after
the beginning date of training last approved for the individual under
this subdivision.
SEC. 4. Section 1271 of the Unemployment Insurance Code is amended
to read:
1271. (a) Any unemployed individual receiving unemployment
compensation benefits payable under this division , who
applies for a determination of potential eligibility for benefits
under this article no later than the 16th week of his or her
receiving these benefits, and is determined eligible for benefits
under this article, is shall be entitled to a
training extension on his or her unemployment compensation claim, if
necessary, to complete approved training.
(b) The training extension shall provide the claimant with a
maximum of 52 times the weekly benefit amount, which shall include
the maximum benefit award on the parent unemployment compensation
claim.
(c) The parent unemployment compensation claim shall be the
unemployment compensation claim in existence at the time the claimant
is determined eligible for benefits pursuant to subdivision (a).
(d) Benefits payable under this section are subject to the
following limitations:
(1) The individual shall remain eligible for benefits under this
article for all weeks potentially payable under this section.
(2) The individual shall file any unemployment compensation claim
to which he or she becomes entitled under state or federal law, and
shall draw any unemployment compensation benefits on that claim until
it has expired or has been exhausted, in order to maintain his or
her eligibility under this article.
(3) To the extent permitted by federal law, benefits payable under
any federal unemployment compensation law shall be included as
benefits payable under this section.
SEC. 5. Section 1271.5 of the Unemployment Insurance Code is
amended to read:
1271.5. (a) The department shall inform all individuals who claim
unemployment compensation benefits in this state of the benefits
potentially available under this article and
Section 1271. The department may convey this information verbally or
in written form. If in written form, the department may utilize
publications or handbooks that inform individuals of their rights and
duties in regard to unemployment compensation benefits. The
department shall also publicize and promote the benefits available
under this article on its Internet Web site. These
publications, issued by the department pursuant to authorized
regulations, in conjunction with the publicizing and promoting
of benefits on its Internet Web site, may be used to satisfy
the requirements of this section.
(b) Benefits paid under Section 1271 shall be charged to
individual employer reserve accounts, consistent with the provisions
of this code.
SEC. 6. Section 1272 of the Unemployment Insurance Code is amended
to read:
1272. Notwithstanding subdivision (c) of Section 1253, an
unemployed individual who is able to work is eligible to receive
benefits under this article with respect to any week during a period
of training or retraining only if the director finds
both of the following apply :
(a) He or she has been determined potentially eligible under
Section 1269 or 1271.
(b) He or she submits with each claim a written certification
executed by a responsible person connected with the training or
retraining program certifying that he or she is enrolled in and
satisfactorily pursuing the training or retraining course of
instruction.