LEGISLATIVE COUNSEL'S DIGEST
AB 2538, as amended, Niello. Unemployment insurance: eligibility
for benefits: notification.
Existing law requires the Employment Development Department to
implement and administer the unemployment insurance program in this
state, and provides for the payment of unemployment compensation
benefits to eligible individuals who are unemployed through no fault
of their own. Existing law provides for penalties and interest if any
person or employing unit is delinquent in the payment of any
contributions for unemployment insurance, and authorizes the Director
of Employment Development to collect the delinquency or enforce any
state tax liens by levy served personally or by certified mail.
Existing law requires that, if the levy is made on a deposit or
credits or personal property in the possession or under the control
of a bank or savings and loan association, the notice of levy shall
be delivered or mailed to the branch or office of the bank or savings
and loan association at which the deposit is carried or at which
credits or personal property is held.
This bill, would authorize the director to serve the levy by
first-class mail instead of certified mail. This bill would instead
require that, if the levy is made on a deposit or credits or personal
property in the possession or under the control of a bank or savings
and loan association, the notice of levy shall be delivered or
mailed to the centralized processing unit or location designated by
that bank or savings and loan association where the credits or other
property is held. To implement those provisions, the bill would also
authorize the department to serve notice to an address for a bank or
savings and loan association by magnetic media, electronic
transmission, or other electronic technology.
Existing law requires that the place of trial for specified
violations of unemployment insurance laws be in the county of
residence or principal place of business of the defendant or
defendants, except as provided.
This bill would also specify that the place of trial for those
violations may also be in any county where the defendants were
transacting the business that resulted in the alleged violations.
Existing law provides for the payment of disability benefits to
eligible individuals who are not able to work due to a disability,
injury, or illness. Existing law requires that an individual be
eligible to receive, for any day, if otherwise eligible, disability
benefits reduced by the amount of the maintenance allowance and
permanent disability indemnity, if specified conditions are met.
Existing law makes an individual ineligible for disability benefits
for any day of unemployment and disability for which he or she has
received, other benefits, as defined, in the form of cash payments,
receive, or is entitled to including a specified maintenance
allowance paid for vocational rehabilitation.
This bill would instead require that an individual be entitled to
receive, for any day, if otherwise eligible, disability benefits
reduced by the amount of the permanent disability indemnity if the
permanent disability indemnity is less than the amount an individual
would otherwise receive as disability under those provisions. The
bill would exclude the maintenance allowance paid for vocational
rehabilitation from that definition of "other benefits" for purposes
of determining eligibility for disability benefits.
Comments/questions on AB 2538 (Niello): Unemployment insurance: eligibility for benefits: notification.
