State Codes and Statutes

Statutes > California > Uic > 2625-2630

UNEMPLOYMENT INSURANCE CODE
SECTION 2625-2630



2625.  Unemployment compensation disability benefits are payable
from the Disability Fund to individuals who are eligible to receive
such benefit payments under this part.



2626.  (a) An individual shall be deemed disabled on any day in
which, because of his or her physical or mental condition, he or she
is unable to perform his or her regular or customary work.
   (b) For purposes of this section, "disability" or "disabled"
includes:
   (1) Illness or injury, whether physical or mental, including any
illness or injury resulting from pregnancy, childbirth, or related
medical condition.
   (2) Inability to work because of a written order from a state or
local health officer to an individual infected with, or suspected of
being infected with, a communicable disease.
   (3) Acute alcoholism being medically treated or, to the extent
specified in Section 2626.1, resident status in an alcoholic recovery
home.
   (4) Acute drug-induced illness being medically treated or, to the
extent specified in Section 2626.2, resident status in a drug-free
residential facility.



2626.1.  (a) An individual who is a resident in an alcoholic
recovery home pursuant to referral or recommendation by a physician
shall be eligible for disability benefits for a period not in excess
of 30 days in any disability benefit period while receiving resident
services, if an authorized representative of the alcoholic recovery
home certifies that the individual is a resident participating in an
alcoholic recovery program which has been certified by the State
Department of Alcohol and Drug Programs. The individual shall be
eligible for disability benefits for an additional period not in
excess of 60 days if the referring physician certifies to the need of
the individual for continuing resident services.
   (b) The department shall reimburse the State Department of Alcohol
and Drug Programs from the Disability Fund, in a reasonable amount
as determined by the department, for the expense of reviewing any
alcoholic recovery program, as required by the department in the
administration of subdivision (a) which is not funded in the county
alcohol program plan provided for in Article 3 (commencing with
Section 11810) or Article 4 (commencing with Section 11830) of Part 2
of Division 10.5 of the Health and Safety Code.
   (c) Outside the State of California, an individual who is a
resident in an alcohol recovery home pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 30 days in any disability
benefit period while receiving resident services, if an authorized
representative of the alcoholic recovery home certifies that the
individual is a resident participating in an alcoholic recovery
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period not in excess of 60 days
if the referring physician certifies to the need of the individual
for continuing resident services.


2626.2.  (a) An individual who is a resident in a drug-free
residential facility pursuant to referral or recommendation by a
physician shall be eligible for disability benefits for a period not
in excess of 45 days in any disability benefit period while receiving
resident services, if an authorized representative of the drug-free
residential facility certifies that the individual is a resident
participating in a drug-free residential facility which has satisfied
a program review by the State Department of Alcohol and Drug
Programs. The individual shall be eligible for disability benefits
for an additional period not in excess of 45 days if the referring
physician certifies to the need of the individual for continuing
resident services.
   (b) The department shall reimburse the State Department of Alcohol
and Drug Programs from the Disability Fund, in a reasonable amount
as determined by the department, for the expense of reviewing any
drug-free residential facility, as required by the department in the
administration of subdivision (a), which is not funded under the
federal Drug Abuse Office and Treatment Act of 1972 (Public Law
92-255) or in conformance with Chapter 4 (commencing with Section
11980) of Part 3 of Division 10.5 of the Health and Safety Code.
   (c) Outside the State of California, an individual who is a
resident in a drug-free residential facility pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 45 days in any disability
benefit period while receiving resident services, if an authorized
representative of the drug-free residential facility certifies that
the individual is a resident participating in a drug-free residential
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period, but not in excess of 45
days, if the referring physician certifies to the need of the
individual for continuing resident services.



2627.  A disabled individual is eligible to receive disability
benefits equal to one-seventh of his or her weekly benefit amount for
each full day during which he or she is unemployed due to a
disability only if the director finds that:
   (a) He or she has made a claim for disability benefits as required
by authorized regulations.
   (b) He or she has been unemployed and disabled for a waiting
period of seven consecutive days during each disability benefit
period with respect to which waiting period no disability benefits
are payable.
   (c) Except as provided in Sections 2626.1, 2626.2, and 2709, he or
she has submitted to such reasonable examinations as the director
may require for the purpose of determining his or her disability.
   (d) Except as provided in Section 2708.1, he or she has filed a
certificate as required by Section 2708 or 2709.



2628.  An individual is not eligible for disability benefits with
respect to any period for which the director finds that he has
received or is entitled to receive unemployment compensation benefits
under Part 1 of this division or under an unemployment compensation
act of any other state or of the Federal Government.




2629.  (a) Except as provided in this section, an individual is not
eligible for disability benefits under this part for any day of
unemployment and disability for which he or she has received, or is
entitled to receive, "other benefits" in the form of cash payments.
   (b) "Other benefits," as used in this section and Section 2629.1,
means any of the following:
   (1) Temporary disability indemnity under a workers' compensation
law of this state or of any other state or of the federal government.
   (2) Temporary disability benefits under any employer's liability
law of this state or of any other state or of the federal government.
   (3) Permanent disability benefits for the same injury or illness
under the workers' compensation law of this state, any other state,
or the federal government.
   (c) If these "other benefits" are less than the amount an
individual would otherwise receive as disability benefits under this
part, he or she shall be entitled to receive, for that day, if
otherwise eligible, disability benefits under this part reduced by
the amount of these "other benefits."
   (d) An individual shall be entitled to receive, for any day, if
otherwise eligible, disability benefits under this part 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 benefits under this part.



2629.1.  (a) Nothing in Section 2629 shall be construed to authorize
the delay of payment of unemployment compensation disability
benefits except where the claimant is currently in receipt of other
benefits or where the department has received notice that the
claimant's employer or insurer has agreed to commence the payment of
other benefits.
   (b) Notwithstanding Section 2701.5, payments shall commence within
14 days after notice to the employer or insurer under this section
unless the employer or insurer has either paid or has agreed to
commence the payment of other benefits.
   (c) Upon the filing of a claim for unemployment compensation
disability benefits, the department shall make an initial
determination as to the claimant's entitlement to other benefits for
purposes of Section 2629.
   (1) The department shall notify the claimant and the claimant's
employer if it determines that the claimant is entitled to other
benefits.
   (2) The notice to the claimant shall inform the claimant that
disability benefits will be paid pending receipt of other benefits if
the employer fails to agree to pay these other benefits within 14
days of notification of industrial injury and shall advise the
claimant of the provisions of Section 2629.
   (3) The department shall also include with the claimant's notice a
pamphlet to be provided by the Department of Industrial Relations
which meets the criteria specified in subdivision (b) of Section
139.6 of the Labor Code.
   (4) The notice to the employer shall constitute a claim for
compensation and knowledge of an injury for purposes of Section 5402
of the Labor Code, and shall inform the employer of its potential
liability for interest and penalties under this section.
   (d) If the employer or the insurance carrier disputes liability
for the payment of other benefits, or the extent thereof, the
department's right to reimbursement shall be subject to the
jurisdiction of the Workers' Compensation Appeals Board in accordance
with Part 4 (commencing with Section 5300) of Division 4 of the
Labor Code.
   (e) An employer or insurance carrier who subsequently assumes
liability or is determined to be liable for reimbursement to the
department for unemployment compensation disability benefits which
the department has paid in lieu of other benefits shall be assessed
for this liability by the department. In addition, the employer shall
pay the department interest on the disability benefits at the annual
rate provided in Section 19521 of the Revenue and Taxation Code. The
employer shall also pay a penalty of 10 percent of the amount
reimbursed to the department if the Workers' Compensation Appeals
Board finds that the failure of the employer to pay other benefits
upon notice by the department under this section was unreasonable and
a penalty has not been awarded for the delay under Section 5814 of
the Labor Code. All funds received by the department pursuant to this
section shall be deposited in the Disability Fund.
   (f) The employer shall reimburse the department in accordance with
subdivision (e) within 60 days of either voluntarily accepting
liability for other benefits or after a final award, order, or
decision of the Workers' Compensation Appeals Board.



2629.5.  To the extent permitted by federal law, excludable
restitution payments, as defined in Section 17131.1 of the Revenue
and Taxation Code, and excludable settlement payments, as defined in
Section 17131.2 of the Revenue and Taxation Code, may not be applied
to reduce the amount of disability benefits to which an individual
may otherwise be entitled under law.



2630.  (a) The Department of Child Support Services shall
periodically notify the department of individuals who are certified,
as provided in Section 17518 of the Family Code, as having support
obligations, as defined by subdivision (g) and notify the department
of any changes in the status of these individuals to ensure that the
department has a current record.
   (b) Upon receipt of the notifications referred to in subdivision
(a), the department shall determine whether the individuals have
claims for unemployment compensation disability benefits, either with
the department or under an approved voluntary plan.
   (c) If the department determines that an individual referred to in
subdivision (a) has a claim for unemployment compensation disability
benefits with an approved voluntary plan, it shall notify the
voluntary plan payer. When the Department of Child Support Services
notifies the department of any changes in the individual's status as
to his or her support obligations, the department shall in turn
notify the voluntary plan payer. Upon notification from the
department, the voluntary plan payer shall deduct and withhold the
amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. For each withholding, the voluntary plan
payer shall deduct an amount which represents the amount withheld for
support obligations and may also deduct an administrative fee
representing actual costs, not to exceed two dollars ($2). In no
event shall the withholding and the administrative fee exceed 25
percent or a lesser amount as specified in subdivision (e) of Section
17518 of the Family Code. The voluntary plan payer shall pay the
amounts for support deducted and withheld pursuant to this section to
the appropriate certifying county.
   (d) The department shall maintain a current record of individuals
certified as owing support obligations. If the department determines
that the individual has a claim for unemployment compensation
disability benefits with the department, it shall deduct and withhold
the amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. The department shall periodically pay the
amounts deducted and withheld to the appropriate county or to the
Department of Child Support Services as the assigned payee, as
stipulated by mutual agreement, in the interagency agreement between
the department and the Department of Child Support Services.
   (e) Amounts deducted and withheld from an individual's
unemployment compensation disability benefits in accordance with
subdivision (c) or (d) shall for all purposes be treated as if it
were paid to the individual and then paid by the individual to the
Department of Child Support Services or the appropriate certifying
county.
   (f) This section shall apply only if appropriate arrangements are
made for the Department of Child Support Services to reimburse the
department for its administrative costs for performing the functions
required of it by this section.
   (g) For purposes of this section, "support obligations" means the
child and related spousal support obligations described in the state
plan approved pursuant to Section 454 of the Social Security Act and
as that section may hereafter be amended. However, to the extent
"related spousal support obligations" may not be collected from
unemployment compensation under federal law, those obligations shall
not be included in the definition of support obligations under this
section.

State Codes and Statutes

Statutes > California > Uic > 2625-2630

UNEMPLOYMENT INSURANCE CODE
SECTION 2625-2630



2625.  Unemployment compensation disability benefits are payable
from the Disability Fund to individuals who are eligible to receive
such benefit payments under this part.



2626.  (a) An individual shall be deemed disabled on any day in
which, because of his or her physical or mental condition, he or she
is unable to perform his or her regular or customary work.
   (b) For purposes of this section, "disability" or "disabled"
includes:
   (1) Illness or injury, whether physical or mental, including any
illness or injury resulting from pregnancy, childbirth, or related
medical condition.
   (2) Inability to work because of a written order from a state or
local health officer to an individual infected with, or suspected of
being infected with, a communicable disease.
   (3) Acute alcoholism being medically treated or, to the extent
specified in Section 2626.1, resident status in an alcoholic recovery
home.
   (4) Acute drug-induced illness being medically treated or, to the
extent specified in Section 2626.2, resident status in a drug-free
residential facility.



2626.1.  (a) An individual who is a resident in an alcoholic
recovery home pursuant to referral or recommendation by a physician
shall be eligible for disability benefits for a period not in excess
of 30 days in any disability benefit period while receiving resident
services, if an authorized representative of the alcoholic recovery
home certifies that the individual is a resident participating in an
alcoholic recovery program which has been certified by the State
Department of Alcohol and Drug Programs. The individual shall be
eligible for disability benefits for an additional period not in
excess of 60 days if the referring physician certifies to the need of
the individual for continuing resident services.
   (b) The department shall reimburse the State Department of Alcohol
and Drug Programs from the Disability Fund, in a reasonable amount
as determined by the department, for the expense of reviewing any
alcoholic recovery program, as required by the department in the
administration of subdivision (a) which is not funded in the county
alcohol program plan provided for in Article 3 (commencing with
Section 11810) or Article 4 (commencing with Section 11830) of Part 2
of Division 10.5 of the Health and Safety Code.
   (c) Outside the State of California, an individual who is a
resident in an alcohol recovery home pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 30 days in any disability
benefit period while receiving resident services, if an authorized
representative of the alcoholic recovery home certifies that the
individual is a resident participating in an alcoholic recovery
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period not in excess of 60 days
if the referring physician certifies to the need of the individual
for continuing resident services.


2626.2.  (a) An individual who is a resident in a drug-free
residential facility pursuant to referral or recommendation by a
physician shall be eligible for disability benefits for a period not
in excess of 45 days in any disability benefit period while receiving
resident services, if an authorized representative of the drug-free
residential facility certifies that the individual is a resident
participating in a drug-free residential facility which has satisfied
a program review by the State Department of Alcohol and Drug
Programs. The individual shall be eligible for disability benefits
for an additional period not in excess of 45 days if the referring
physician certifies to the need of the individual for continuing
resident services.
   (b) The department shall reimburse the State Department of Alcohol
and Drug Programs from the Disability Fund, in a reasonable amount
as determined by the department, for the expense of reviewing any
drug-free residential facility, as required by the department in the
administration of subdivision (a), which is not funded under the
federal Drug Abuse Office and Treatment Act of 1972 (Public Law
92-255) or in conformance with Chapter 4 (commencing with Section
11980) of Part 3 of Division 10.5 of the Health and Safety Code.
   (c) Outside the State of California, an individual who is a
resident in a drug-free residential facility pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 45 days in any disability
benefit period while receiving resident services, if an authorized
representative of the drug-free residential facility certifies that
the individual is a resident participating in a drug-free residential
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period, but not in excess of 45
days, if the referring physician certifies to the need of the
individual for continuing resident services.



2627.  A disabled individual is eligible to receive disability
benefits equal to one-seventh of his or her weekly benefit amount for
each full day during which he or she is unemployed due to a
disability only if the director finds that:
   (a) He or she has made a claim for disability benefits as required
by authorized regulations.
   (b) He or she has been unemployed and disabled for a waiting
period of seven consecutive days during each disability benefit
period with respect to which waiting period no disability benefits
are payable.
   (c) Except as provided in Sections 2626.1, 2626.2, and 2709, he or
she has submitted to such reasonable examinations as the director
may require for the purpose of determining his or her disability.
   (d) Except as provided in Section 2708.1, he or she has filed a
certificate as required by Section 2708 or 2709.



2628.  An individual is not eligible for disability benefits with
respect to any period for which the director finds that he has
received or is entitled to receive unemployment compensation benefits
under Part 1 of this division or under an unemployment compensation
act of any other state or of the Federal Government.




2629.  (a) Except as provided in this section, an individual is not
eligible for disability benefits under this part for any day of
unemployment and disability for which he or she has received, or is
entitled to receive, "other benefits" in the form of cash payments.
   (b) "Other benefits," as used in this section and Section 2629.1,
means any of the following:
   (1) Temporary disability indemnity under a workers' compensation
law of this state or of any other state or of the federal government.
   (2) Temporary disability benefits under any employer's liability
law of this state or of any other state or of the federal government.
   (3) Permanent disability benefits for the same injury or illness
under the workers' compensation law of this state, any other state,
or the federal government.
   (c) If these "other benefits" are less than the amount an
individual would otherwise receive as disability benefits under this
part, he or she shall be entitled to receive, for that day, if
otherwise eligible, disability benefits under this part reduced by
the amount of these "other benefits."
   (d) An individual shall be entitled to receive, for any day, if
otherwise eligible, disability benefits under this part 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 benefits under this part.



2629.1.  (a) Nothing in Section 2629 shall be construed to authorize
the delay of payment of unemployment compensation disability
benefits except where the claimant is currently in receipt of other
benefits or where the department has received notice that the
claimant's employer or insurer has agreed to commence the payment of
other benefits.
   (b) Notwithstanding Section 2701.5, payments shall commence within
14 days after notice to the employer or insurer under this section
unless the employer or insurer has either paid or has agreed to
commence the payment of other benefits.
   (c) Upon the filing of a claim for unemployment compensation
disability benefits, the department shall make an initial
determination as to the claimant's entitlement to other benefits for
purposes of Section 2629.
   (1) The department shall notify the claimant and the claimant's
employer if it determines that the claimant is entitled to other
benefits.
   (2) The notice to the claimant shall inform the claimant that
disability benefits will be paid pending receipt of other benefits if
the employer fails to agree to pay these other benefits within 14
days of notification of industrial injury and shall advise the
claimant of the provisions of Section 2629.
   (3) The department shall also include with the claimant's notice a
pamphlet to be provided by the Department of Industrial Relations
which meets the criteria specified in subdivision (b) of Section
139.6 of the Labor Code.
   (4) The notice to the employer shall constitute a claim for
compensation and knowledge of an injury for purposes of Section 5402
of the Labor Code, and shall inform the employer of its potential
liability for interest and penalties under this section.
   (d) If the employer or the insurance carrier disputes liability
for the payment of other benefits, or the extent thereof, the
department's right to reimbursement shall be subject to the
jurisdiction of the Workers' Compensation Appeals Board in accordance
with Part 4 (commencing with Section 5300) of Division 4 of the
Labor Code.
   (e) An employer or insurance carrier who subsequently assumes
liability or is determined to be liable for reimbursement to the
department for unemployment compensation disability benefits which
the department has paid in lieu of other benefits shall be assessed
for this liability by the department. In addition, the employer shall
pay the department interest on the disability benefits at the annual
rate provided in Section 19521 of the Revenue and Taxation Code. The
employer shall also pay a penalty of 10 percent of the amount
reimbursed to the department if the Workers' Compensation Appeals
Board finds that the failure of the employer to pay other benefits
upon notice by the department under this section was unreasonable and
a penalty has not been awarded for the delay under Section 5814 of
the Labor Code. All funds received by the department pursuant to this
section shall be deposited in the Disability Fund.
   (f) The employer shall reimburse the department in accordance with
subdivision (e) within 60 days of either voluntarily accepting
liability for other benefits or after a final award, order, or
decision of the Workers' Compensation Appeals Board.



2629.5.  To the extent permitted by federal law, excludable
restitution payments, as defined in Section 17131.1 of the Revenue
and Taxation Code, and excludable settlement payments, as defined in
Section 17131.2 of the Revenue and Taxation Code, may not be applied
to reduce the amount of disability benefits to which an individual
may otherwise be entitled under law.



2630.  (a) The Department of Child Support Services shall
periodically notify the department of individuals who are certified,
as provided in Section 17518 of the Family Code, as having support
obligations, as defined by subdivision (g) and notify the department
of any changes in the status of these individuals to ensure that the
department has a current record.
   (b) Upon receipt of the notifications referred to in subdivision
(a), the department shall determine whether the individuals have
claims for unemployment compensation disability benefits, either with
the department or under an approved voluntary plan.
   (c) If the department determines that an individual referred to in
subdivision (a) has a claim for unemployment compensation disability
benefits with an approved voluntary plan, it shall notify the
voluntary plan payer. When the Department of Child Support Services
notifies the department of any changes in the individual's status as
to his or her support obligations, the department shall in turn
notify the voluntary plan payer. Upon notification from the
department, the voluntary plan payer shall deduct and withhold the
amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. For each withholding, the voluntary plan
payer shall deduct an amount which represents the amount withheld for
support obligations and may also deduct an administrative fee
representing actual costs, not to exceed two dollars ($2). In no
event shall the withholding and the administrative fee exceed 25
percent or a lesser amount as specified in subdivision (e) of Section
17518 of the Family Code. The voluntary plan payer shall pay the
amounts for support deducted and withheld pursuant to this section to
the appropriate certifying county.
   (d) The department shall maintain a current record of individuals
certified as owing support obligations. If the department determines
that the individual has a claim for unemployment compensation
disability benefits with the department, it shall deduct and withhold
the amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. The department shall periodically pay the
amounts deducted and withheld to the appropriate county or to the
Department of Child Support Services as the assigned payee, as
stipulated by mutual agreement, in the interagency agreement between
the department and the Department of Child Support Services.
   (e) Amounts deducted and withheld from an individual's
unemployment compensation disability benefits in accordance with
subdivision (c) or (d) shall for all purposes be treated as if it
were paid to the individual and then paid by the individual to the
Department of Child Support Services or the appropriate certifying
county.
   (f) This section shall apply only if appropriate arrangements are
made for the Department of Child Support Services to reimburse the
department for its administrative costs for performing the functions
required of it by this section.
   (g) For purposes of this section, "support obligations" means the
child and related spousal support obligations described in the state
plan approved pursuant to Section 454 of the Social Security Act and
as that section may hereafter be amended. However, to the extent
"related spousal support obligations" may not be collected from
unemployment compensation under federal law, those obligations shall
not be included in the definition of support obligations under this
section.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Uic > 2625-2630

UNEMPLOYMENT INSURANCE CODE
SECTION 2625-2630



2625.  Unemployment compensation disability benefits are payable
from the Disability Fund to individuals who are eligible to receive
such benefit payments under this part.



2626.  (a) An individual shall be deemed disabled on any day in
which, because of his or her physical or mental condition, he or she
is unable to perform his or her regular or customary work.
   (b) For purposes of this section, "disability" or "disabled"
includes:
   (1) Illness or injury, whether physical or mental, including any
illness or injury resulting from pregnancy, childbirth, or related
medical condition.
   (2) Inability to work because of a written order from a state or
local health officer to an individual infected with, or suspected of
being infected with, a communicable disease.
   (3) Acute alcoholism being medically treated or, to the extent
specified in Section 2626.1, resident status in an alcoholic recovery
home.
   (4) Acute drug-induced illness being medically treated or, to the
extent specified in Section 2626.2, resident status in a drug-free
residential facility.



2626.1.  (a) An individual who is a resident in an alcoholic
recovery home pursuant to referral or recommendation by a physician
shall be eligible for disability benefits for a period not in excess
of 30 days in any disability benefit period while receiving resident
services, if an authorized representative of the alcoholic recovery
home certifies that the individual is a resident participating in an
alcoholic recovery program which has been certified by the State
Department of Alcohol and Drug Programs. The individual shall be
eligible for disability benefits for an additional period not in
excess of 60 days if the referring physician certifies to the need of
the individual for continuing resident services.
   (b) The department shall reimburse the State Department of Alcohol
and Drug Programs from the Disability Fund, in a reasonable amount
as determined by the department, for the expense of reviewing any
alcoholic recovery program, as required by the department in the
administration of subdivision (a) which is not funded in the county
alcohol program plan provided for in Article 3 (commencing with
Section 11810) or Article 4 (commencing with Section 11830) of Part 2
of Division 10.5 of the Health and Safety Code.
   (c) Outside the State of California, an individual who is a
resident in an alcohol recovery home pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 30 days in any disability
benefit period while receiving resident services, if an authorized
representative of the alcoholic recovery home certifies that the
individual is a resident participating in an alcoholic recovery
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period not in excess of 60 days
if the referring physician certifies to the need of the individual
for continuing resident services.


2626.2.  (a) An individual who is a resident in a drug-free
residential facility pursuant to referral or recommendation by a
physician shall be eligible for disability benefits for a period not
in excess of 45 days in any disability benefit period while receiving
resident services, if an authorized representative of the drug-free
residential facility certifies that the individual is a resident
participating in a drug-free residential facility which has satisfied
a program review by the State Department of Alcohol and Drug
Programs. The individual shall be eligible for disability benefits
for an additional period not in excess of 45 days if the referring
physician certifies to the need of the individual for continuing
resident services.
   (b) The department shall reimburse the State Department of Alcohol
and Drug Programs from the Disability Fund, in a reasonable amount
as determined by the department, for the expense of reviewing any
drug-free residential facility, as required by the department in the
administration of subdivision (a), which is not funded under the
federal Drug Abuse Office and Treatment Act of 1972 (Public Law
92-255) or in conformance with Chapter 4 (commencing with Section
11980) of Part 3 of Division 10.5 of the Health and Safety Code.
   (c) Outside the State of California, an individual who is a
resident in a drug-free residential facility pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 45 days in any disability
benefit period while receiving resident services, if an authorized
representative of the drug-free residential facility certifies that
the individual is a resident participating in a drug-free residential
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period, but not in excess of 45
days, if the referring physician certifies to the need of the
individual for continuing resident services.



2627.  A disabled individual is eligible to receive disability
benefits equal to one-seventh of his or her weekly benefit amount for
each full day during which he or she is unemployed due to a
disability only if the director finds that:
   (a) He or she has made a claim for disability benefits as required
by authorized regulations.
   (b) He or she has been unemployed and disabled for a waiting
period of seven consecutive days during each disability benefit
period with respect to which waiting period no disability benefits
are payable.
   (c) Except as provided in Sections 2626.1, 2626.2, and 2709, he or
she has submitted to such reasonable examinations as the director
may require for the purpose of determining his or her disability.
   (d) Except as provided in Section 2708.1, he or she has filed a
certificate as required by Section 2708 or 2709.



2628.  An individual is not eligible for disability benefits with
respect to any period for which the director finds that he has
received or is entitled to receive unemployment compensation benefits
under Part 1 of this division or under an unemployment compensation
act of any other state or of the Federal Government.




2629.  (a) Except as provided in this section, an individual is not
eligible for disability benefits under this part for any day of
unemployment and disability for which he or she has received, or is
entitled to receive, "other benefits" in the form of cash payments.
   (b) "Other benefits," as used in this section and Section 2629.1,
means any of the following:
   (1) Temporary disability indemnity under a workers' compensation
law of this state or of any other state or of the federal government.
   (2) Temporary disability benefits under any employer's liability
law of this state or of any other state or of the federal government.
   (3) Permanent disability benefits for the same injury or illness
under the workers' compensation law of this state, any other state,
or the federal government.
   (c) If these "other benefits" are less than the amount an
individual would otherwise receive as disability benefits under this
part, he or she shall be entitled to receive, for that day, if
otherwise eligible, disability benefits under this part reduced by
the amount of these "other benefits."
   (d) An individual shall be entitled to receive, for any day, if
otherwise eligible, disability benefits under this part 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 benefits under this part.



2629.1.  (a) Nothing in Section 2629 shall be construed to authorize
the delay of payment of unemployment compensation disability
benefits except where the claimant is currently in receipt of other
benefits or where the department has received notice that the
claimant's employer or insurer has agreed to commence the payment of
other benefits.
   (b) Notwithstanding Section 2701.5, payments shall commence within
14 days after notice to the employer or insurer under this section
unless the employer or insurer has either paid or has agreed to
commence the payment of other benefits.
   (c) Upon the filing of a claim for unemployment compensation
disability benefits, the department shall make an initial
determination as to the claimant's entitlement to other benefits for
purposes of Section 2629.
   (1) The department shall notify the claimant and the claimant's
employer if it determines that the claimant is entitled to other
benefits.
   (2) The notice to the claimant shall inform the claimant that
disability benefits will be paid pending receipt of other benefits if
the employer fails to agree to pay these other benefits within 14
days of notification of industrial injury and shall advise the
claimant of the provisions of Section 2629.
   (3) The department shall also include with the claimant's notice a
pamphlet to be provided by the Department of Industrial Relations
which meets the criteria specified in subdivision (b) of Section
139.6 of the Labor Code.
   (4) The notice to the employer shall constitute a claim for
compensation and knowledge of an injury for purposes of Section 5402
of the Labor Code, and shall inform the employer of its potential
liability for interest and penalties under this section.
   (d) If the employer or the insurance carrier disputes liability
for the payment of other benefits, or the extent thereof, the
department's right to reimbursement shall be subject to the
jurisdiction of the Workers' Compensation Appeals Board in accordance
with Part 4 (commencing with Section 5300) of Division 4 of the
Labor Code.
   (e) An employer or insurance carrier who subsequently assumes
liability or is determined to be liable for reimbursement to the
department for unemployment compensation disability benefits which
the department has paid in lieu of other benefits shall be assessed
for this liability by the department. In addition, the employer shall
pay the department interest on the disability benefits at the annual
rate provided in Section 19521 of the Revenue and Taxation Code. The
employer shall also pay a penalty of 10 percent of the amount
reimbursed to the department if the Workers' Compensation Appeals
Board finds that the failure of the employer to pay other benefits
upon notice by the department under this section was unreasonable and
a penalty has not been awarded for the delay under Section 5814 of
the Labor Code. All funds received by the department pursuant to this
section shall be deposited in the Disability Fund.
   (f) The employer shall reimburse the department in accordance with
subdivision (e) within 60 days of either voluntarily accepting
liability for other benefits or after a final award, order, or
decision of the Workers' Compensation Appeals Board.



2629.5.  To the extent permitted by federal law, excludable
restitution payments, as defined in Section 17131.1 of the Revenue
and Taxation Code, and excludable settlement payments, as defined in
Section 17131.2 of the Revenue and Taxation Code, may not be applied
to reduce the amount of disability benefits to which an individual
may otherwise be entitled under law.



2630.  (a) The Department of Child Support Services shall
periodically notify the department of individuals who are certified,
as provided in Section 17518 of the Family Code, as having support
obligations, as defined by subdivision (g) and notify the department
of any changes in the status of these individuals to ensure that the
department has a current record.
   (b) Upon receipt of the notifications referred to in subdivision
(a), the department shall determine whether the individuals have
claims for unemployment compensation disability benefits, either with
the department or under an approved voluntary plan.
   (c) If the department determines that an individual referred to in
subdivision (a) has a claim for unemployment compensation disability
benefits with an approved voluntary plan, it shall notify the
voluntary plan payer. When the Department of Child Support Services
notifies the department of any changes in the individual's status as
to his or her support obligations, the department shall in turn
notify the voluntary plan payer. Upon notification from the
department, the voluntary plan payer shall deduct and withhold the
amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. For each withholding, the voluntary plan
payer shall deduct an amount which represents the amount withheld for
support obligations and may also deduct an administrative fee
representing actual costs, not to exceed two dollars ($2). In no
event shall the withholding and the administrative fee exceed 25
percent or a lesser amount as specified in subdivision (e) of Section
17518 of the Family Code. The voluntary plan payer shall pay the
amounts for support deducted and withheld pursuant to this section to
the appropriate certifying county.
   (d) The department shall maintain a current record of individuals
certified as owing support obligations. If the department determines
that the individual has a claim for unemployment compensation
disability benefits with the department, it shall deduct and withhold
the amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. The department shall periodically pay the
amounts deducted and withheld to the appropriate county or to the
Department of Child Support Services as the assigned payee, as
stipulated by mutual agreement, in the interagency agreement between
the department and the Department of Child Support Services.
   (e) Amounts deducted and withheld from an individual's
unemployment compensation disability benefits in accordance with
subdivision (c) or (d) shall for all purposes be treated as if it
were paid to the individual and then paid by the individual to the
Department of Child Support Services or the appropriate certifying
county.
   (f) This section shall apply only if appropriate arrangements are
made for the Department of Child Support Services to reimburse the
department for its administrative costs for performing the functions
required of it by this section.
   (g) For purposes of this section, "support obligations" means the
child and related spousal support obligations described in the state
plan approved pursuant to Section 454 of the Social Security Act and
as that section may hereafter be amended. However, to the extent
"related spousal support obligations" may not be collected from
unemployment compensation under federal law, those obligations shall
not be included in the definition of support obligations under this
section.