AB 2538

Bill Subjects

Abstract

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, or is entitled to receive, other benefits, as defined, in the form of cash payments, 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.