California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello,I fear that you may not find favor with this answer. Please understand that if I were able to provide a simple solution to your question, I would absolutely do so. Sometimes, however, all I can do is explain what the law is and is not. UI Code 1255.3 is fairly deterministic. Subsections (c) and (d)(1) provide certain exceptions from the rule denying UI benefits:
In particular, if you made any contributions to your pension during employment, then you are entitled to full unemployment benefits. This is the typical grounds to appeal the EDD decision.Concerning other options for benefits, while I understand your extreme financial difficulties, absent your eligibity to receive Social Security benefits, I am unaware of any additional options at the federal or state level. This may stick in your throat, but you may want to consider taking a minimum wage job, or a temporary position, such as working at Starbucks, etc., to supplement your pension -- assuming that you cannot meet the exception condition found in UI Code 1255.3(d)(1) -- because, you won't be receiving UI benefits, so there is no reason not to take practically any employment position.
Note: receiving federal extended benefits, requires that you are eligible for state benefits. So, unless you expect your pension to run out, you would not qualify for federal benefits. But, as long as you are filing continuing claims forms, you will receive notice of your right to receive extended benefits at the time that your state benefits expire. Please let me know if I can be of further assistance.
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