Incorrect UI benefit award, Calif. State of depression

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Incorrect UI benefit award, Calif. State of depression

Post  Guest on Mon Jul 06, 2009 2:06 am

Thread moved to proper forum.

Myself and another worker get laid off from our employer. Both of us made same $ p/h and same hrs. p/wk. Both file for unemployment benefits, we both get it and the extra $25 (stimulus), however my friend gets $50. more per week. Upon my investigation my co-worker did not opt for the employers health ins. pkg. I did and paid with my gross $$ the premium. We both had pre-tax $$ going to an employer 401k. So my beginning gross $$ were higher then my pre-tax gross $$ (paid bens and 401k). Pre-tax $$ got taxed and received net pay. 3 amounts: Gross $$, Pre-tax $$(=ins and 401k removed) Also this amount is reported to Ca. Franchise Tax board, not the first gross$$ amount, and net amount. Difference is about $2000 per mo., which would put into a higher award bracket, same as my co-worker.

I called Ca. EDD (Employment Development Dept.) and eventually 6 weeks later given a reply of Chapter 4, (CONTRIBUTIONS AND REPORTS) Article 2- 938.3D (gross earning$$ subject to employer Cafeteria Plan Benefits (IRS code 125) are not considered wages. So my co-worker got a higher award because he did not pay for any ins. benefits.

Further investigation of Ca. UI code revealed that Chapter 4 -938.3D is used for employers computation of UI tax. Additionally some employers provide free benefits to employees that are taxed, but not considered wages.

My W-2 statement has gross pay and gross pay after deductions (this latter amount reported to IRS and Ca).

I research UI code and located Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS,Article 2. Computation (Amount and Duration) section 1275-1282
Each Section has it's own word glossary, ("wages" in chapter 5 are not same as in chapter 4) no where in chapter 5 is there any reference to chapter 4 938.3d,
EDD agents using wrong info to answer my questioning the award.
Appeal was mailed, received, read, but not filed. My employer received numerous EDD Benefit Audit forms DE1296B at my request ( hours x rate of pay) . I had to re-apply another appeal, after 2 months of waiting for response of first mailing.

If Ca. is using this method for award amounts to claimants and proves to be incorrect.....
So the question: Is EDD using correct language (UI code chapters ) to deny my additional award amount?

Thank you,

Ca. UI code link


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Re: Incorrect UI benefit award, Calif. State of depression

Post  JoeC (McGruff) on Mon Jul 06, 2009 2:25 am

Sounds like some red tape needs cutting with the EDD, I dont know if the amout in question is taxable under Ca rules. But the EDD is jercking you around, contact your state representitive office (The one in Sacremento not D.C) the office will make an inquiry to the EDD, and you will get a quick response on the appeal. Your state Representives office is staffed with personel that can cut red tape.
JoeC (McGruff)
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