Bill Text: CA AB381 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unemployment compensation disability benefits: academic

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 437, Statutes of 2009. [AB381 Detail]

Download: California-2009-AB381-Introduced.html
BILL NUMBER: AB 381	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 23, 2009

   An act to amend Section 702.6 of the Unemployment Insurance Code,
relating to unemployment insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 381, as introduced, Block. Unemployment compensation disability
benefits: academic employees.
   Existing law permits any employing unit, as defined, who is an
employer for purposes of unemployment compensation to file with the
Director of Employment Development a written election to cover, for
purposes of disability compensation, services performed by all
eligible employees, as defined, who either are part of a labor
organization, if the election is the result of a negotiated agreement
between the employer and the recognized employee organization, or
are not part of a labor organization but are in the employing units
employ in one or more distinct establishments or places of business,
if the election is requested by a written petition signed by a
majority of the eligible employees to be covered by the election.
   This bill would additionally permit any employing unit, who is an
employer for purposes of unemployment compensation to file with the
director a written election to cover, for purposes of disability
compensation, services performed by all eligible permanent or
temporary academic employees, as defined, with the exception of those
employees covered under a community college district bargaining
unit, who are a part of a labor organization, if the election is the
result of a negotiated agreement between the employer and the
recognized employee organization.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 702.6 of the Unemployment Insurance Code is
amended to read:
   702.6.  (a) Any employing unit who is an employer under this
division may file with the director a written election to cover, for
the purposes of Part 2 (commencing with Section 2601) only, services
performed by any of the following:
   (1) All eligible employees who are a part of a labor organization,
 provided   if  the election is the result
of a negotiated agreement between the employer and the recognized
employee organization.
   (2)  (A)     All eligible permanent or
temporary academic employees, with the exception of employees covered
under a community college district bargaining unit, who are a part
of a labor organization, if the election is the result of a
negotiated agreement between the employer and the recognized employee
organization. 
    (B)     For purposes of this paragraph,
"academic employee" means an "academic employee" as defined in
subdivision (a) of Section 87001 of the Education Code. 
    (3)    All eligible employees in its employ in
one or more distinct establishments or places of business who are not
part of a labor organization,  when   if 
the election is requested by a written petition signed by a majority
of the eligible employees to be covered by the election.
   (b) "Eligible employee," as used in this section, means an
employee who is a California resident whose services are covered
under the unemployment compensation laws of another state which does
not have a disability insurance program, and who is an "employee," as
defined in Section 13004, for whom the employer complies with the
personal income tax withholding provisions of Division 6 (commencing
with Section 13000).
   (c) Upon the filing of an election, the filing entity shall, upon
approval by the director, become an employer subject to Part 2
(commencing with Section 2601) to the same extent as other employers,
and services performed by its employees who are subject to the
election shall be deemed to constitute employment subject to that
part. Sections 704, 707, 986, and 2903 shall apply to elections under
this section.                      
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