California Unemployment Insurance Code 3701 - 9502

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3701.  (a) (1) An employer that is entitled under Section 3654 to
notice of the filing of a primary claim or additional claim and that,
within 10 days after mailing of the notice, submits to the
department any facts within its possession disclosing whether the
exhaustee left the most recent employment with the employer
voluntarily and without good cause or was discharged from the
employment for misconduct connected with his or her work, or whether
the claimant was a student employed on a temporary basis and whose
employment began within, and ended with his or her leaving to return
to school at the close of, his or her vacation period, or whether the
claimant left the employer's employ to accompany his or her spouse
or domestic partner to a place or join him or her at a place from
which it is impractical to commute to the employment, and to which a
transfer of the claimant by the employer is not available, or whether
the claimant's discharge or quit from his or her most recent
employer was the result of an irresistible compulsion to use or
consume intoxicants, including alcoholic beverages, or whether the
claimant left the employer's employ to protect his or her family or
himself or herself from domestic violence abuse, or whether the
claimant left the employer's employ to take a substantially better
job, shall be entitled to a ruling as prescribed by this section. The
period during which the employer may submit these facts may be
extended by the director for good cause.
   (2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   (b) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 3655, the department shall promptly
notify the employer of its ruling as to the cause of the termination
of the exhaustee's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to an appeal. The department may for good cause
reconsider a ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if an appeal is not filed, within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that a
ruling or reconsidered ruling which related to a determination that
is reconsidered pursuant to subdivision (a) of Section 1332 may also
be reconsidered by the department within the time provided for
reconsideration of that determination.
   (c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
   (d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
   (e) Rulings under this section shall have the effect prescribed by
Section 1032.



3702.  Extended duration benefits, to the extent that such extended
duration benefits are not reimbursed or reimbursable by the federal
government to the State of California, shall be charged except as
provided by Section 1032, 1032.5, 1034, 1036, 1335, 1338, or 1380,
against the reserve account of the exhaustee's employer during his or
her base period. If the individual performed services in employment
for more than one employer during his or her base period,
unemployment compensation benefits paid to him or her shall be
charged against the respective reserve accounts of such employers in
the proportion that the total wages paid to the individual in
employment for each employer bears to the total wages paid to the
individual in employment for all employers during the base period.

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3751.  The provisions of Article 4 (commencing with Section 1375) of
Chapter 5 of Part 1 of this division are modified in the following
respects:
   (a) In the absence of fraud, misrepresentation, or willful
nondisclosure, the notice of overpayment of extended duration
benefits shall be mailed or personally served by the Employment
Development Department not later than one year after the close of the
extended duration period in which the overpayment was made.
   (b) The Director of Employment Development may offset an
overpayment of extended duration benefits, or federal-state extended
benefits, or unemployment compensation benefits against any of such
three types of benefits or against disability benefits to which the
liable person may become entitled under this division. The Director
of Employment Development may offset the amount of any such
overpayments within any of the periods prescribed by subdivision (b)
of Section 1379, and further within the current extended duration
period or current extended benefit period established under Part 4
(commencing with Section 4001) of this division or any extended
benefit period or any extended duration period which begins during
the three-year period next succeeding the date of the mailing or
personal service of such notice of overpayment.

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4001.  The purpose of this part is to provide that payment of
extended compensation, in accordance with the "Federal-State Extended
Unemployment Compensation Act of 1970", as amended by the Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), shall be made,
for any week of unemployment which begins in the individual's
eligibility period, to individuals who have exhausted all rights to
regular compensation under this division and who have no rights to
regular compensation with respect to such week under this division or
any other state unemployment compensation law or to compensation
under any other federal law. For purposes of this section, an
individual shall have exhausted his rights to regular compensation
under any state law (A) when no payments of regular compensation can
be made under such law because such individual has received all
regular compensation available to him based on wage credits for his
base period, or (B) when his rights to such compensation have
terminated by reason of the expiration of the benefit year with
respect to which such rights existed. Except where inconsistent with
the provisions of the "Federal-State Extended Unemployment
Compensation Act of 1970", as amended by the Omnibus Budget
Reconciliation Act of 1981 (Public Law 97-35), the terms and
conditions of this division which apply to claims for regular
compensation and to the payment thereof shall apply to claims for
extended compensation and to the payment thereof under such federal
act. This part shall be operative on September 25, 1982, and extended
compensation shall be payable as provided by the Federal-State
Extended Unemployment Compensation Act of 1970, as amended by the
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), subject
to limitations provided by that act, with respect to weeks of
unemployment and extended benefit periods beginning after September
25, 1982. The provisions of this section in effect prior to the
amendments by the Omnibus Budget Reconciliation Act of 1981 shall
continue to apply to weeks beginning after November 28, 1970, and
before September 25, 1982.



4002.  (a) Except as otherwise provided, the provisions and
definitions of Part 1 (commencing with Section 100) 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 federal-state extended benefits.
   (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) The provisions of Part 2 (commencing with Section 2601) of,
and of Part 3 (commencing with Section 3501) do not apply to this
part.


4003.  (a) The provisions and definitions of terms in the
Federal-State Extended Unemployment Compensation Act of 1970, as
amended by the federal Omnibus Budget Reconciliation Act of 1981
(Public Law 97-35), apply to this part. "Federal-state extended
benefits" means benefits payable under this part.
   (b) To the extent that the provisions and definitions of terms in
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
are in effect in federal law and are in conflict with, or supplement
the provisions and definitions applicable pursuant to subdivision
(a), the provisions and definitions of the American Recovery and
Reinvestment Act of 2009 shall apply to this part.
   (c) There is an "on" indicator for purposes of federal-state
extended benefits for a week if one of the following applies:
   (1) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 120 percent of the average of the rates
for the corresponding 13-week period ending in each of the preceding
two calendar years, and equaled or exceeded 5 percent.
   (2) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 6 percent, regardless of the rate of
insured unemployment in the two previous years.
   (3) With respect to weeks of unemployment beginning on or after
February 1, 2009, and continuing until the week ending four weeks
prior to the last week for which 100 percent federal sharing is
authorized by subdivision (a) of Section 2005 of Public Law 111-5 for
all claims, except for reimbursable entities described in Section
3306(c)(7) of the Internal Revenue Code, both of the following apply:
   (A) The average rate of total unemployment in this state,
seasonally adjusted, as determined by the United States Secretary of
Labor, for the period consisting of the most recent three months for
which data for all states are published before the close of that
week, equals or exceeds 6.5 percent.
   (B) The average rate of total unemployment in this state,
seasonally adjusted, as determined by the United States Secretary of
Labor, for the three-month period referred to in subparagraph (A)
equals or exceeds 110 percent of that average rate of total
unemployment for either or both of the corresponding three-month
periods ending in the two preceding calendar years.
   (d) There is an "off" indicator for a week if, for the period
consisting of that week, and the 12 weeks immediately preceding the
week, none of the criteria specified in subdivision (c) results in an
"on" indicator.
   (e) For purposes of this section, the rate of insured unemployment
for a 13-week period shall be determined by reference to the average
monthly covered employment for the first four of the most recent six
calendar quarters ending before the close of the period.
   (f) The indicators specified in subdivisions (c) and (d) shall be
operative only if mandated or permitted by federal law.
   (g) 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 Supplemental Appropriations Act of 2008
(Public Law 110-252), the Unemployment Compensation Extension Act of
2008 (Public Law 110-449), and the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), and that the state receives maximum
reimbursement from the federal government for the payment of those
emergency benefits.
   (h) Notwithstanding the provisions of subdivision (c), with
respect to weeks of unemployment beginning on or after December 19,
2010, and continuing until the earlier of the date authorized by
Section 502(b) of Public Law 111-312, or the week ending four weeks
prior to the last week for which 100 percent federal sharing is
authorized by Section 2005(a) of Public Law 111-5 for all claims,
except for reimbursable entities described in Section 3306(c)(7) of
the Internal Revenue Code, the following applies:
   (1) There is an "on" indicator for purposes of federal-state
extended benefits for a week if one of the following applies:
   (A) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 120 percent of the average of the rates
for the corresponding 13-week period ending in each of the preceding
three calendar years, and equaled or exceeded 5 percent.
   (B) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 6 percent, regardless of the rate of
insured unemployment in the three previous years.
   (C) The average rate of total unemployment in this state,
seasonally adjusted, as determined by the United States Secretary of
Labor, for the period consisting of the most recent three months for
which data for all states are published before the close of that
week, equals or exceeds 6.5 percent and the average rate of total
unemployment in this state, seasonally adjusted, as determined by the
United States Secretary of Labor, for the three-month period equals
or exceeds 110 percent of that average rate of total unemployment for
any or all of the corresponding three-month periods ending in the
three preceding calendar years.
   (2) There is an "off" indicator for a week if, for the period
consisting of that week, and the 12 weeks immediately preceding the
week, none of the criteria specified in paragraph (1) results in an
"on" indicator.
   (3) The indicators specified in paragraphs (1) and (2) shall be
operative only if mandated or permitted by federal law.



4004.  (a) The department shall establish, for each eligible
individual who files an application therefor, an extended
compensation account with respect to such individual's benefit year.
The amount established in that account, subject to subdivision (b) of
this section, shall be not less than whichever of the following is
the least:
   (1) Fifty percent of the total amount of regular compensation
payable to him or her during that benefit year under this division.
   (2) Thirteen times his or her average weekly benefit amount.
   (3) Thirty-nine times his or her average weekly benefit amount,
reduced by the regular compensation paid to him or her during that
benefit year under this division.
   (b) The amount determined under subdivision (a) of this section
shall be reduced by the aggregate amount of additional compensation
paid to the individual under Part 3 (commencing with Section 3501) of
this division for prior weeks of unemployment in such benefit year
which did not begin in an extended benefit period.
   (c) For purposes of subdivision (a) of this section, an individual'
s weekly benefit amount for a week is the amount of regular
compensation under Part 1 (commencing with Section 100) of this
division payable to such individual for such week of total
unemployment.
   (d) With respect to weeks beginning in a high unemployment period,
subdivision (a) shall be applied in accordance with the following
percentages:
   (1) In paragraph (1) of subdivision (a), 80 percent shall be
substituted for 50 percent.
   (2) In paragraph (2) of subdivision (a), 20 times shall be
substituted for 13 times.
   (3) In paragraph (3) of subdivision (a), 46 times shall be
substituted for 39 times.
   (e) For purposes of subdivision (d), "high unemployment period"
means a period during which an extended benefit period would be in
effect if subparagraph (A) of paragraph (3) of subdivision (c) of
Section 4003 were applied by substituting 8 percent for 6.5 percent.
   (f) Where subdivision (h) of Section 4003 is applicable, for
purposes of subdivision (d), "high unemployment period" means a
period during which an extended benefit period would be in effect if
subparagraph (C) of paragraph (1) of subdivision (h) of Section 4003
were applied by substituting 8 percent for 6.5 percent.

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4551.  Federal-state extended benefits are payable from the
Unemployment Fund to unemployed individuals who are eligible under
this part.


4552.  An unemployed individual is eligible to receive federal-state
extended benefits with respect to any week only if the director
finds that:
   (a) An extended compensation claim has been established for him or
her.
   (b) The week is within an extended benefit period and his or her
eligibility period.
   (c) He or she meets the eligibility requirements of Part 1
(commencing with Section 100), except those excluded under
subdivision (b) of Section 4002.
   (d) He or she is not subject to disqualification for normal
benefits under any provision of Part 1 (commencing with Section 100).
If the individual has been subject to disqualification under
subdivision (b) of Section 1257, he or she has satisfied subdivision
(b) of Section 1260 and, during a week following the first week of
disqualification, has done either of the following:
   (1) Performed service in bona fide employment during a week on a
full-time basis.
   (2) Performed service in bona fide employment during a week from
which service he or she earned remuneration at least equal to his or
her weekly benefit amount.
   (e) With respect to compensation payable to any individual for any
week, he or she had earnings from employment subject to the
provisions of this division which exceed 40 times his or her most
recent weekly benefit amount or 1.5 times the highest quarter, in the
base period in which he or she exhausted all rights to regular
compensation.
   (f) An individual subject to disqualification under subdivision
(a) of Section 1256.4 has satisfied subdivision (a) of Section 1260.
   (g) The amendments to subdivision (e) made by the act adding this
subdivision shall not be implemented unless the director determines
that those amendments have been approved by the United States
Department of Labor. The director shall immediately seek approval of
the amendments to subdivision (e) from the United States Department
of Labor.


4553.  An unemployed individual is disqualified for federal-state
extended benefits if the individual, without good cause, refused to
accept suitable work when offered to the individual, or failed to
apply for suitable work when referred by a public employment office.
   (a) For purposes of this section, the term "suitable work" means
any work which is within the individual's capabilities.
   (b) An individual shall not be disqualified under this section if
any of the following apply:
   (1) The gross average weekly remuneration payable to the
individual for the position offered or to which referred, does not
exceed the individual's weekly benefit amount plus the amount of any
additional benefits (as defined in Section 501(c)(17)(D) of the
Internal Revenue Code of 1954) payable to such individual for such
week.
   (2) The position was not offered to such individual in writing and
was not listed with a public employment office.
   (3) The provisions of subdivision (a), (b), or (c) of Section 1259
or the provisions of Article 1.5 (commencing with Section 1266) or
Article 1.8 (commencing with Section 1274) of Chapter 5 of Part 1
apply.
   (4) The position pays less than the federal or state minimum wage,
whichever is higher.
   (5) The department determines that the individual's prospects for
obtaining work in his or her customary occupation within a reasonably
short period are good.
   (c) If the department makes a determination described in paragraph
(5) of subdivision (b), the determination of whether any work is
"suitable work" and whether there is a disqualification from benefits
with respect to the individual shall be made in accordance with
subdivision (b) of Section 1257, Sections 1258, 1258.5, and 1259, and
subdivision (b) of Section 1260.



4554.  An individual is disqualified for federal-state extended
benefits if the individual fails to actively engage in seeking work.
   (a) For purposes of this section, an individual shall be treated
as actively engaged in seeking work during any week if both of the
following conditions are met:
   (1) The individual has engaged in a systematic and sustained
effort to obtain work during the week.
   (2) The individual provides tangible evidence to the department
that he or she has engaged in such an effort during the week.
   (b) An individual shall not be disqualified under this section for
any week in which the individual is in a training or retraining
program under Article 1.5 (commencing with Section 1266) of Chapter 5
of Part 1.
   (c) An individual shall not be disqualified under this section for
any week solely because the individual is before any court of the
United States or any state pursuant to a lawfully issued summons to
appear for jury duty, or the individual is hospitalized for treatment
of an emergency or life-threatening condition.



4555.  If an individual is disqualified for federal-state extended
benefits under Section 4553 or 4554 pursuant to a determination
transmitted to him or her by the department, the individual shall be
ineligible to receive federal-state extended benefits:
   (a) Beginning with the week in which the disqualifying act occurs,
and
   (b) Continuing until the individual has, during at least four
weeks subsequent to the week in which the disqualifying act occurred,
performed services in bona fide employment for which remuneration is
earned equal to or in excess of four times the individual's weekly
benefit amount.


4556.  When the department refers individuals who have applied for
federal-state extended benefits to work, the referrals shall include
suitable work, as defined by subdivision (a) of Section 4553, to
which any part of subdivision (b) of Section 4553 would not apply.




4557.  (a) Except as provided in subdivision (b), payment of
federal-state extended compensation shall not be made to any
individual for any week if both of the following apply:
   (1) Extended compensation would, but for this section, have been
payable for such week pursuant to an interstate claim filed in any
state under the interstate benefit payment plan.
   (2) An extended benefit period is not in effect for such week in
such state.
   (b) Subdivision (a) shall not apply with respect to the first two
weeks for which extended compensation is payable as determined
without regard to this section, pursuant to an interstate claim filed
under the interstate benefit payment plan to the individual from the
extended compensation account established with respect to the
benefit year.


4558.  Sections 4553 to 4557, inclusive, and the amendments made to
Section 4552 by legislation enacted during the 1981 portion of the
1981-82 Regular Session of the Legislature shall be operative only
during such time as Section 202 of the Federal-State Extended
Unemployment Compensation Act of 1970 requires that state
unemployment insurance laws contain such provisions as a condition of
certification of state unemployment insurance laws by the Secretary
of Labor.

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4601.  The computation of the amount and duration of federal-state
extended benefits shall be in accordance with Section 4004.

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4651.  Claims for federal-state extended benefits shall be made as
provided in this article.



4652.  (a) An individual who desires to claim federal-state extended
benefits shall file a valid application. An application for
federal-state extended benefits shall be valid only if its effective
date is within an extended benefit period and his eligibility period
and the individual filing it otherwise meets the requirements of
Section 4001. For the purpose of determining whether an application
is a "valid application" within the meaning of this section, an
individual otherwise unemployed shall be deemed unemployed even
though wages, as defined in Section 1252, which are for a period
subsequent to the termination of performance of services are payable
with respect to the week for which he files the application.




4653.  The effective date of a valid application shall be determined
in the same manner as the effective date of a new claim for normal
benefits pursuant to Section 1326.



4654.  The department shall give a notice of the filing of an
application or an additional claim to the employing unit by which the
individual was last employed immediately preceding the filing of the
application or claim unless the additional claim is the result of
the filing of a partial claim as defined by the department, there has
not been a subsequent employing unit which is designated as the last
employer, and there is no separation issue. The employing unit so
notified shall submit within 10 days after the mailing of the notice
any facts then known which may affect the individual's eligibility
for federal-state extended benefits. The 10-day period may be
extended for good cause. If after the 10-day period the employing
unit acquires knowledge of facts which may affect the eligibility of
the individual and those facts could not reasonably have been known
within the period, the employing unit shall within 10 days of
acquiring that knowledge submit those facts to the department, and
the 10-day period may also be extended for good cause.



4655.  The Employment Development Department shall consider the
facts submitted by an employer pursuant to Section 4654 and, if
benefits are claimed subsequent to the filing of the federal-state
extended benefits claim, make a determination as to the individual's
eligibility for the federal-state extended benefits. The Employment
Development Department shall promptly notify the individual and any
employer who prior to the determination has submitted any facts
pursuant to Section 4654 of the determination and the reasons
therefor. The individual and any such employer may appeal therefrom
to an administrative law judge within 20 days from mailing or
personal service of notice of the determination. The 20-day period
may be extended for good cause. The Director of Employment
Development shall be an interested party to any appeal.
   "Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.




4656.  Upon the filing of a valid application by an individual, the
department shall promptly make a federal-state extended benefit award
computation which shall set forth the maximum amount of
federal-state extended benefits potentially payable during the
extended benefit period, and the weekly benefit amount. The
department shall promptly notify the individual of the computation.
He may, within 20 days after the mailing or personal service of the
notice of computation or recomputation, protest its accuracy. The
20-day period may be extended for good cause. The department shall
consider any such protest and shall promptly notify the individual of
the recomputation or denial of recomputation. An appeal may be taken
from a notice of denial of recomputation in the manner provided in
Section 4655. The director shall be an interested party to any
appeal.
   "Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.

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4701.  (a) (1) An employer that is entitled under Section 4654 to
notice of the filing of an application or additional claim and who,
within 10 days after mailing of the notice, submits to the department
any facts within its possession disclosing whether the individual
left the most recent employment with the employer voluntarily and
without good cause or was discharged from the employment for
misconduct connected with his or her work, or whether the claimant
was a student employed on a temporary basis and whose employment
began within, and ended with his or her leaving to return to school
at the close of, his or her vacation period, or whether the claimant
left the employer's employ to accompany his or her spouse or domestic
partner to a place or to join him or her at a place from which it is
impractical to commute to the employment, and to which a transfer of
the claimant by the employer is not available, or whether the
claimant's discharge or quit from his or her most recent employer was
the result of an irresistible compulsion to use or consume
intoxicants, including alcoholic beverages, or whether the claimant
left the employer's employ to protect his or her family or himself or
herself from domestic violence abuse, or whether the claimant left
the employer's employ to take a substantially better job, shall be
entitled to a ruling as prescribed by this section. The period during
which the employer may submit these facts may be extended by the
director for good cause.
   (2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   (b) The department shall consider the facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 4655, the department shall promptly
issue to the employer its ruling as to the cause of the termination
of the individual's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to an appeal. The department may for good cause
reconsider a ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if no appeal is filed, within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that a
ruling or reconsidered ruling that relates to a determination that
is reconsidered pursuant to subdivision (a) of Section 1332 may also
be reconsidered by the department within the time provided for
reconsideration of that determination.
   (c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
   (d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
   (e) Rulings under this section shall have the effect prescribed by
Section 1032.


4702.  Federal-state extended benefits, to the extent that these
extended benefits are not reimbursed or reimbursable by the federal
government to the State of California, shall be charged except as
provided by Section 1032, 1032.5, 1034, 1036, 1335, 1338, or 1380,
against the reserve account of the individual's employer during his
or her base period. If the individual performed services in
employment for more than one employer during his or her base period,
unemployment compensation benefits paid to him or her shall be
charged against the respective reserve accounts of such employers in
the proportion that the total wages paid to the individual in
employment for each employer bears to the total wages paid to the
individual in employment for all employers during the base period.

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4751.  The provisions of Article 4 (commencing with Section 1375) of
Chapter 5 of Part 1 of this division are modified in the following
respects:
   (a) In the absence of fraud, misrepresentation, or willful
nondisclosure, the notice of overpayment of federal-state extended
benefits shall be mailed or personally served by the Employment
Development Department not later than one year after the close of the
extended benefit period in which the overpayment was made.
   (b) The Director of Employment Development may offset an
overpayment of extended duration benefits, or federal-state extended
benefits, or unemployment compensation benefits against any of such
three types of benefits or against disability benefits to which the
liable person may become entitled under this division. The Director
of Employment Development may offset the amount of any such
overpayments within any of the periods prescribed by subdivision (b)
of Section 1379, and further within the current extended duration
period or current extended benefit period or any extended benefit
period or extended duration period which begins during the three-year
period next succeeding the date of the mailing or personal service
of such notice of overpayment.

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4900.  As used in this division:
   (a) "Department" means the Employment Development Department.
   (b) "Director" means the Director of Employment Development.




4901.  The director shall prepare a biennial report to the
Legislature, on or before February 1, 1994, and on or before February
1 of each even-numbered year thereafter, on the department's
automation plans, including any recommendation on improvements for
the purpose of consideration by both policy and fiscal committees of
the Legislature.



4902.  The report, required by Section 4901, shall be transmitted to
the Legislative Analyst, the Assembly Committees on Insurance,
Consumer Protection, Governmental Efficiency, and Economic
Development, Labor and Employment, and Ways and Means, the Senate
Committees on Industrial Relations and Budget and Fiscal Review, the
Department of Finance, and the Governor, on or before February 1 of
each even-numbered year. The report shall do all of the following:
   (a) Provide a strategic information plan that describes the
long-term goals and strategies which shall be undertaken by the
department to create an information technology environment that will
not only support the achievement of the department's strategic
business mission and goals but set the foundation for using
information technology to make substantial and sustainable
improvements in how it conducts business. The plan shall cover a
10-year planning horizon and include the department's information
vision, its information management principles, and long-term goals
and strategies for achieving its information vision.
   (b) Provide a tactical information plan of specific automation and
infrastructure projects to be undertaken within three years of the
date of the report. The plan shall include project description and
scope, consistency with the strategic information plan, relationship
to other projects, priority of development, estimated project costs
and benefits, and improvements in services. For automation projects,
it shall also provide reductions in personnel and operating costs,
and identification of how personnel and cost savings will be used,
transferred, or otherwise accounted for.
   (c) Not necessarily be in addition to or replace any reports now
submitted by the director to the State Office of Information
Technology in the Department of Finance.



4903.  (a) Thirty days prior to the release of the report identified
in Section 4901, the director shall submit it to the Office of
Information Technology in the Department of Finance, which shall
review and comment on it. These comments shall be attached to the
report by the director and distributed with the report.
   (b) When commenting on the report, the Office of Information
Technology shall include, but not be limited to, an assessment of
whether:
   (1) The requirements for the report have been met.
   (2) The strategic plan is consistent with the formal strategic
plan submitted separately to the Office of Information Technology.
   (3) The costs and benefits identified in the report are consistent
with the projects previously submitted for approval or contained in
the Information Management Annual Plans.

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9000.  The Legislature hereby makes the following declaration of
purpose and intent in enacting the Employment Development Act of
1973.
   It is the public policy of the State of California to provide for
comprehensive statewide and local manpower planning, to improve the
efficiency of, and the accountability for, delivery systems for
manpower programs, to promptly place job-ready individuals in
suitable jobs, to provide qualified job applicants to employers, to
assist potentially employable individuals to become job ready, and to
create employment opportunities.



9001.  In enacting the Employment Development Act of 1973, the
Legislature further finds and declares that it is essential to the
health and welfare of the people of this state that action be taken
by local, state and federal governments to effectively and
economically utilize public funds for job training and placement
services. To achieve this, it is necessary that:
   (a) Explicit priorities be established for the allocation of these
funds to ensure that they are first used to assist those in greatest
need for job training and placement services;
   (b) Definitive goals be established for the total system of job
training and placement services to maximize the effectiveness of the
system in assisting individuals to find and maintain gainful,
competitive employment;
   (c) Efforts be made to enlist the full support of private industry
in securing jobs for enrollees of training programs, and a closer,
more integrated and coordinated effort be established with the
federal government as well as state and local public and private
agencies involved in performing job training and placement services;
and
   (d) New approaches involving improved services and changes in
traditional organization structures be used to assist persons in
economically disadvantaged areas.
   It is hereby declared to be the intent of the Legislature to
concentrate and account for the funds available for job training and
placement services in one state agency whose functions shall be
subject to periodic review by the Legislature and appropriate federal
agencies, and to which is assigned the responsibility for the
efficient administration of job training and placement services in
this state and the allocation of these funds to the end that such
funds will be more effectively utilized and will be directed
primarily to those areas of the state with the largest concentrations
of chronically unemployed persons.
   It is the further intent of the Legislature (a) to maintain policy
control over all job training and placement programs administered by
the department pursuant to this part to the maximum extent feasible,
consistent with effective program operations, (b) to organize
existing job training and placement programs now operating in the
state into a coordinated system designed to remove employable persons
from dependency on public assistance, and to enlist the full support
of private industry in securing jobs, (c) to use funds for job
training and placement services in a flexible manner to provide
needed services for individuals through contractual arrangements with
public and private agencies, (d) to provide a unified system for
timely delivery of improved job training placement and related
services to eligible persons including individual case
responsibility, an outreach effort to seek out those persons who need
but do not apply for services, followup to insure that the needs of
eligible persons and their families are met, dissemination of
information and knowledge to residents of the economically
disadvantaged area about available services, and location of services
in areas readily accessible to those who need them, and (e) to
involve members of each community in identifying the needs to be met
and relating them to the services available in order to reduce the
isolation of the disadvantaged from their government and the
community as a whole and to improve their confidence in government at
all levels.


9002.  Subject to the provisions of Sections 9600 and 9605, the
Secretary of the Health and Welfare Agency shall coordinate all job
training placement, and related programs, conducted by state
agencies, with the federal government and ensure that there is no
duplication of the programs among state agencies and that all
agreements, contracts, plans, or programs conform to the provisions
of this part. Any plan proposed to be submitted by any agency to the
federal government in relation to a job training, placement, or
related program, shall first be submitted to the Secretary of the
Health and Welfare Agency for his or her review. The Health and
Welfare Agency may require state departments to contract with it for
services to carry out the provisions of this part.



9003.  Notwithstanding any other provisions of this code,
individuals with disabilities who are clients of the Department of
Rehabilitation shall not be barred as participants in manpower
programs, including, but not limited to, retraining programs, work
incentive programs, job training and placement programs, career
opportunity development programs, and vocational educational
programs, because of their mental or physical disability when
certified by the Department of Rehabilitation as being potentially
employable.



9004.  Upon receipt of a formal ruling from the United States
Secretary of Labor, the United States Secretary of Health and Human
Services, or the head of any federal agency that any provision of
Chapter 1206 of the Statutes of 1973 or Chapter 1212 of the Statutes
of 1973 cannot be given effect without causing the state's plan to be
out of conformity with federal requirements or would result in
decertification of provisions of this code and notification of
intention to withdraw federal funds from the state, that provision
shall become inoperative to the extent that it is not in conformity
with federal requirements.

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9100.  Unless the context otherwise requires, the definitions in
this article govern the construction of this division.



9101.  "Department" means the Employment Development Department,
which may also be referred to as the Department of Employment
Development.


9102.  "Director" means the Director of Employment Development.



9105.  "State agency" means those agencies enumerated in Section
11000 of the Government Code.



9107.  "Job training and placement services" or "job training and
placement programs" means any job training, placement, or related
services administered or supervised by or provided under contract
with the department, directly calculated to increase employability or
improve the employment of the individual.



9108.  "Unemployed person" means a person who lacks a bona fide
employment, suffers economic deprivation because of lack of
employment, and is employable or capable of being made employable
through the services available under this part.



9109.  "Underemployed person" means a person who has a bona fide
employment but whose employment, be it full time, or part time, or
intermittent, is insufficient to provide an income adequate to avoid
economic deprivation.


9110.  "Economic deprivation" means annual income insufficient to
enable the family or individual to meet a table of income criteria
adopted by the director, which takes appropriate factors into
account, including, but not limited to, the level indicated by
multiplying by 3 the cost of the Low Cost Food Plan of the United
States Department of Agriculture for the Western Region of the United
States.



9111.  (a) "Economically disadvantaged area" means an area which
meets all of the following requirements:
   (1) It is composed of contiguous census tracts within or partly
within an urbanized area as defined by the most recent federal census
for which statistics are available.
   (2) In the area 20 percent of the families report annual income
less than four thousand dollars ($4,000) according to the most recent
federal census for which statistics are available.
   (3) The area has a population of not less than 25,000.
   (b) "Economically disadvantaged area" also includes any portion of
an area if:
   (1) Such portion is within or partly within an urbanized area but
because of technical factors such portion cannot be isolated as a
census tract or tracts or cannot be isolated as a "contiguous" census
tract; and
   (2) The total area when such portion is included meets the
requirements of paragraphs (2) and (3) of subdivision (a) of this
section.
   (c) The director shall periodically review the definition set
forth in this section and Section 9110, and he shall recommend
necessary changes to the Legislature and the Governor.



9112.  "Eligible person" means an unemployed person or underemployed
person who resides in an economically disadvantaged area or resides
outside of an economically disadvantaged area but who resides in a
county in which an economically disadvantaged area exists and
qualifies under criteria established by the director.




9115.  "Economically displaced persons" means those persons who have
been subjected to an involuntary layoff or separation from their
employment, and who have not quit voluntarily or been dismissed for
disciplinary reasons.

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9500.  The department shall administer all job training and
placement programs and services for eligible persons as defined in
this division, except as otherwise provided by federal statute or
regulation.


9502.  For purposes of administration, the director may establish
such offices as are appropriate for the administration of this part.
Offices administering programs under this part shall be established
to the fullest extent possible in economically disadvantaged areas.