Bill Text: CA AB2197 | 2015-2016 | Regular Session | Enrolled
Bill Title: Unemployment insurance: classified employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB2197 Detail]
Download: California-2015-AB2197-Enrolled.html
BILL NUMBER: AB 2197 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 22, 2016
PASSED THE ASSEMBLY JUNE 2, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 21, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Cristina Garcia
FEBRUARY 18, 2016
An act to amend Section 1253.3 of the Unemployment Insurance Code,
relating to unemployment insurance, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2197, 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.
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 contingent on funds being appropriated for that purpose in
the annual Budget Act.
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.
Appropriation: yes.
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 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 a public
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) (1) Except as provided in paragraph (2), benefits specified by
subdivision (a) based on service performed in the employ of a
nonprofit organization, or of a public 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.
(2) Benefits specified by subdivision (a) are authorized for an
employee of a public school, as defined in Section 22161 of the
Education Code, for the period between two successive academic years
or terms, as described in paragraph (1), as follows:
(A) Two weeks of benefits during 2017, beginning July 1, provided
that funds are appropriated for that purpose in the annual Budget
Act.
(B) Four weeks of benefits during 2018, beginning July 1, provided
that funds are appropriated for that purpose in the annual Budget
Act.
(C) Six weeks of benefits during 2019, beginning July 1, provided
that funds are appropriated for that purpose in the annual Budget
Act.
(D) Eight weeks of benefits during 2020, and each year thereafter,
beginning July 1, provided that funds are appropriated for that
purpose in the annual Budget Act.
(d) 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 specified 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) 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) 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" is defined as 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) 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), if the services are provided to, or on behalf
of, an educational institution.
(g) 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) 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) 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.
