California Unemployment Insurance Code Section 1264
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California Laws > Unemployment Insurance Code > California Unemployment Insurance Code Section 1264
1264. (a) Unemployment compensation benefits, extended duration
benefits, and federal-state extended benefits shall not be payable on
the basis of services performed by an alien unless the alien is an
individual who was lawfully admitted for permanent residence at the
time the services were performed, was lawfully present for purposes
of performing the services, or was permanently residing in the United
States under color of law at the time the services were performed,
including an alien who was lawfully present in the United States as a
result of the application of the provisions of Section 203(a)(7) or
Section 212(d)(5) of the Immigration and Nationality Act.
(b) Any data or information required of individuals applying for
benefits specified by subdivision (a) to determine whether these
benefits are not payable to them because of their alien status shall
be uniformly required from all applicants for these benefits.
(c) In the case of an individual whose application for benefits
specified by subdivision (a) would otherwise be approved, no
determination by the department, an administrative law judge, or the
appeals board that these benefits to the individual are not payable
because of his or her alien status shall be made except upon a
preponderance of the evidence.
(d) If an alien presents evidence that the Immigration and
Naturalization Service has granted the alien employment authorization
as a result of the alien's application for temporary residence
status under the federal Immigration Reform and Control Act of 1986
(Public Law 99-603), pending a final determination on this
application the department shall not do either of the following:
(1) Commence or continue to pursue any administrative or judicial
action to collect benefits where there has been a final determination
that these benefits have been overpaid or chargeable to the alien,
because of the alien's immigration status at the time he or she
performed the services compensated by his or her base period wages.
(2) Determine that the alien was overpaid benefits in the current
benefit year or in any prior benefit year, if the basis for the
determination is the assumption that because the alien is an
applicant for temporary resident status he or she was not, while
performing the services compensated by base period wages, lawfully
admitted for permanent residence, lawfully present for purposes of
performing the services that were compensated by his or her base
period wages, or permanently residing in the United States under
color of law.
(e) If the Immigration and Naturalization Service grants the
application and adjusts the alien's status to that of lawful
temporary resident, the department shall not take any action
described in paragraph (1) of subdivision (d) or make any
determination described in paragraph (2) of subdivision (d). If an
alien is not in the status of being lawfully admitted for permanent
residence, lawfully present for the purpose of performing the
services compensated by his or her base period wages, or permanently
residing in the United States under color of law, at the time the
alien's lawful temporary permanent status terminates, then
compensation shall not be payable on the basis of services performed
by the alien after the termination.
(f) Nothing in subdivision (d) shall be construed to require the
department to do any of the following:
(1) Repay any amounts collected under any present or past action
as described in paragraph (1) of subdivision (d).
(2) Redetermine the eligibility for unemployment compensation
benefits of any alien who the department originally determined to be
ineligible because of the alien's status at the time he or she
performed the services compensated by his or her base period wages
and with respect to whom the determination has become final.
(3) Apply subdivision (d) or (e) retroactively.
(g) If the United States Secretary of Labor finds that
subdivisions (d) and (e) are not in conformity with the federal
Unemployment Tax Act, and effective as of the date that this finding
becomes final, subdivisions (d), (e), and (f) shall be inoperative
and of no legal force or effect.
(h) Unless subdivisions (d), (e), and (f) have earlier become
inoperative and of no legal force or effect pursuant to a finding by
the Secretary of Labor under subdivision (g), subdivisions (d), (e),
(f), and (g) shall remain in effect only until September 30, 1990,
and as of that date shall become inoperative, unless a later enacted
statute which is chaptered before September 30, 1990, deletes or
extends that date. Notwithstanding this subdivision, however, the
department shall not take any action to collect benefits from an
individual when the collection against that individual was suspended
pursuant to subdivision (e) prior to September 30, 1990.
Last modified: February 22, 2013