The purpose of this part is to compensate in part for the added wage loss sustained by individuals because of the extended duration of unemployment during prolonged periods of cyclical and technological unemployment in California. This part may be cited as the “Miller-Collier Act.”
Extended Unemployment CompensationGeneral Provisions
Section § 3501
This section is about compensating people in California who experience longer periods of unemployment due to economic cycles or technological changes. It's called the "Miller-Collier Act," and its goal is to help offset the financial impact of being out of work for extended times.
wage loss compensation extended unemployment cyclical unemployment
Section § 3502
This law explains how certain rules and terms from other parts of the unemployment insurance code apply to extended unemployment compensation. First, if there’s a conflict between general unemployment rules and the special rules for extended benefits, the rules for extended benefits take precedence. Second, several specific sections of the unemployment insurance code are not applicable to extended benefits. Lastly, regulations from Part 2 of the unemployment insurance code don’t relate to extended benefits.
(a)CA Unemployment Insurance Code § 3502(a) Except as otherwise provided, the provisions and definitions of Part 1 of this division apply to this part. In case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part shall prevail with respect to extended unemployment compensation.
(b)CA Unemployment Insurance Code § 3502(b) Except as otherwise provided, subdivision (d) of Section 1253, and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330, and 1331 do not apply to this part.
(c)CA Unemployment Insurance Code § 3502(c) The provisions of Part 2 of this division do not apply to this part.
extended unemployment compensation conflict of provisions unemployment insurance rules
Section § 3503
This section explains terms related to unemployment benefits in California. 'Extended duration benefits' refer to extra unemployment payments beyond regular ones. An 'exhaustee' is someone who no longer qualifies for normal unemployment benefits. The 'insured unemployment rate' is a percentage used to determine when extra benefits can start or stop, based on the number of people unemployed. An 'extended benefit period' is the time when these extra payments happen, lasting at least 13 weeks, depending on the unemployment rate. A 'primary claim' starts the process for these extra benefits. Other terms like 'extended duration award', 'extended duration period', and 'parent benefit year' are used to define eligibility and timelines for extended payments, as guided by federal regulations.
For the purposes of this part:
(a)CA Unemployment Insurance Code § 3503(a) “Extended duration benefits” means the extended unemployment compensation benefits payable under this part.
(b)CA Unemployment Insurance Code § 3503(b) “Normal benefits” means the unemployment compensation benefits payable under Part 1 (commencing with Section 100) of this division.
(c)CA Unemployment Insurance Code § 3503(c) “Exhaustee” means an individual who is not entitled to normal benefits due to either of the following:
(1)CA Unemployment Insurance Code § 3503(c)(1) He or she has an unexpired benefit year and has exhausted his or her normal benefits.
(2)CA Unemployment Insurance Code § 3503(c)(2) His or her most recent benefit year expired in the week in which he or she filed a primary claim or in the immediately preceding 13 calendar weeks and he or she is not entitled to establish a benefit year.
(d)CA Unemployment Insurance Code § 3503(d) “Insured unemployment rate” for a week means the percentage arrived at by dividing:
(1)CA Unemployment Insurance Code § 3503(d)(1) The average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the period consisting of the week and the immediately preceding 12 weeks, by
(2)CA Unemployment Insurance Code § 3503(d)(2) The average monthly covered employment for the same period.
The director shall interpret this definition in accordance with regulations and guidelines prescribed by the United States Secretary of Labor which are applicable to subdivision (e) of Section 203 of the federal act.
(e)CA Unemployment Insurance Code § 3503(e) “Extended benefit period” means the period beginning with the third week after the first week for which there is an “on” indicator, and ending with the third week after the first week for which there is an “off” indicator, except no extended benefit period shall last for a period of less than 13 consecutive weeks and no extended benefit period may begin before the 14th week after the close of a prior extended benefit period. There is an “on” indicator for a week if the insured unemployment rate equals or exceeds 6 percent. There is an “off” indicator for a week if the insured unemployment rate is less than 6 percent.
(f)CA Unemployment Insurance Code § 3503(f) “Primary claim” means the first claim for extended duration benefits filed by an exhaustee with an effective date within an extended benefit period for the purpose of establishing an extended duration award and an extended duration period.
(g)CA Unemployment Insurance Code § 3503(g) “Extended duration award” means the maximum amount of extended duration benefits allowable under this part to an eligible exhaustee.
(h)CA Unemployment Insurance Code § 3503(h) “Extended duration period” means a period beginning with the first day of the week with respect to which an exhaustee filed a valid primary claim and ending with the last week which begins on or before the last day of the fifth calendar month following the calendar month which contains the extended duration week or a major portion of the extended duration week in which the valid primary claim was filed.
(i)CA Unemployment Insurance Code § 3503(i) “Parent benefit year” means the benefit year with respect to which an individual becomes an exhaustee.
(j)CA Unemployment Insurance Code § 3503(j) “Federal act” means the “Federal-State Extended Unemployment Compensation Act of 1970”.
extended duration benefits unemployment compensation exhaustee
Section § 3504
Every week, the director needs to calculate the insured unemployment rate for the upcoming week. This calculation must be made public.
The director shall during the week immediately preceding each calendar week compute the insured unemployment rate for that calendar week. The computation shall be a public record.
insured unemployment rate weekly computation public record
Section § 3505
This section of the law explains restrictions on California's payment of extended unemployment benefits. Generally, if an individual is eligible for federal unemployment benefits, they cannot receive state extended benefits for the same period. However, exceptions are made if the federal benefits run out during a special 'extended benefit period'. In such cases, the individual may re-establish their eligibility under specific conditions. Furthermore, the combined total of state and federal benefits cannot exceed certain limits.
(a)CA Unemployment Insurance Code § 3505(a) Notwithstanding any other provision of this part, no payment of extended duration benefits shall be made to any individual for any week or part of any week with respect to which he is entitled to receive unemployment compensation benefits as a result of participation by this state pursuant to the provision of any federal law providing for the payment of such benefits or as a result of the application in any other manner to this state of any federal law providing for the payment of such benefits.
(b)CA Unemployment Insurance Code § 3505(b) With respect to weeks commencing on or after November 29, 1970, this subdivision shall apply and subdivision (a) of this section shall not apply to benefits under the “Federal-State Extended Unemployment Compensation Act of 1970”.
(1)CA Unemployment Insurance Code § 3505(b)(1) Notwithstanding any other provision of this part, if an individual would have rights to receive benefits under the federal act within an “extended benefit period” under the federal act, the director shall cancel such individual’s rights to extended duration benefits within that “extended benefit period”.
(2)CA Unemployment Insurance Code § 3505(b)(2) A cancellation under this section does not affect extended duration benefits paid with respect to a week preceding such cancellation.
(3)CA Unemployment Insurance Code § 3505(b)(3) Notwithstanding a cancellation under this section, an individual otherwise qualified for extended duration benefits during an “extended benefit period” under the federal act, may, upon the expiration of his “eligibility period” specified by the federal act, establish rights to, and be paid, extended duration benefits subject to the following conditions:
(A)CA Unemployment Insurance Code § 3505(b)(3)(A) If the individual has filed a primary claim in the “extended benefit period”, under the federal act, he may reestablish his extended duration benefit rights, if the extended duration period would not have expired.
(B)CA Unemployment Insurance Code § 3505(b)(3)(B) If the individual has not filed a primary claim in the “extended benefit period”, under the federal act, and he has claimed benefits pursuant to the federal act during an extended duration week in such “extended benefit period”, he may file a primary claim effective with that extended duration week, if the extended duration period would not have expired.
(C)CA Unemployment Insurance Code § 3505(b)(3)(C) If the individual has not filed a primary claim in the “extended benefit period”, under the federal act, and he has claimed benefits pursuant to the federal act but not during an extended duration week in such “extended benefit period”, he may file a primary claim in an extended duration week.
(D)CA Unemployment Insurance Code § 3505(b)(3)(D) The individual shall not be paid extended duration benefits for any week for which he receives federal benefits.
(4)CA Unemployment Insurance Code § 3505(b)(4) An individual may be paid extended duration benefits with respect to a parent benefit year only to the extent that the total amount of such extended duration benefits and benefits paid under the federal act since the beginning of such parent benefit year does not exceed 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during that parent benefit year, whichever is the lesser.
extended unemployment benefits federal-state extended benefits eligibility period
Section § 3506
This law allows the Governor of California to temporarily stop paying out long-term unemployment benefits if doing so is necessary to make sure eligible people don't miss out on federal emergency unemployment benefits from laws like the Emergency Unemployment Compensation Act of 1991. It also helps ensure that California gets the most reimbursement from the federal government for these emergency benefits.
Notwithstanding any other provision of this part, the Governor may, if permitted by federal law, suspend the payment of extended duration benefits under this part, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal Emergency Unemployment Compensation Act of 1991 (P.L. 102-164) or any extension of that act, including, but not limited to, Public Law 102-244, and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits.
Governor's authority suspend payments extended benefits
