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art.003/5/003/4/003/3/003/2/016/1

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     ARTICLE 3 AS AMENDED

RELATING TO MAKING IT EASIER TO DO BUSINESS IN RHODE ISLAND

     SECTION 1. Section 28-43-8 of the General Laws in Chapter 28-43 entitled

“Employment Security – Contributions” is hereby amended to read as follows:

     28-43-8. Experience rates – Tables. -- (a)(1) Whenever, as of September 30, 1987 2016,

or any subsequent computation date, the amount in the employment security fund available for

benefits is six and four tenths percent (6.4%) or more of total payrolls as determined in § 28-43-

1(9), an experience rate for each eligible employer for the immediately following calendar year

shall be determined in accordance with schedule A in this subsection.

     (2) Whenever, as of September 30, 1987 2016, or any subsequent computation date, the

amount in the employment security fund available for benefits is six and one-tenth percent (6.1%)

five and five-tenths percent (5.5%) but less than six and four-tenths (6.4%) of total payrolls as

determined in § 28-43-1(9), an experience rate for each eligible employer for the immediately

following calendar year shall be determined in accordance with schedule B in this subsection.

     (3) Whenever, as of September 30, 1987 2016, or any subsequent computation date the

amount in the employment security fund available for benefits is five and eight-tenths percent

(5.8%) four and seventy-five hundredths percent (4.75%) but less than six and one-tenth (6.1%)

five and five-tenths percent (5.5%) of total payrolls as determined in § 28-43-1(9), an experience

rate for each eligible employer for the immediately following calendar year shall be determined in

accordance with schedule C in this subsection.

     (4) Whenever, as of September 30, 1987 2016, or any subsequent computation date the

amount in the employment security fund available for benefits is five and three-tenths percent

(5.3%) four percent (4.0%) but less than five and eight-tenths (5.8%) four and seventy-five

hundredths percent (4.75%) of total payrolls as determined in § 28-43-1(9), an experience rate for

each eligible employer for the immediately following calendar year shall be determined in

accordance with schedule D in this subsection.

     (5) Whenever, as of September 30, 1987 2016, or any subsequent computation date the

amount in the employment security fund available for benefits is four and seven-tenths percent

(4.7%) three and twenty-five hundredths percent (3.25%) but less than five and three-tenths

(5.3%) four percent (4.0%) of total payrolls as determined in § 28-43-1(9), an experience rate for

each eligible employer for the immediately following calendar year shall be determined in

accordance with schedule E in this subsection.

     (6) Whenever, as of September 30, 1987 2016, or any subsequent computation date the

amount in the employment security fund available for benefits is three and six-tenths percent

(3.6%) two and five-tenths percent (2.5%) but less than four and seven-tenths (4.7%) three and

twenty-five hundredths percent (3.25%) of total payrolls as determined in § 28-43-1(9), an

experience rate for each eligible employer for the immediately following calendar year shall be

determined in accordance with schedule F in this subsection.

     (7) Whenever, as of September 30, 1987 2016, or any subsequent computation date the

amount in the employment security fund available for benefits is three percent (3%) one and

seventy-five hundredths percent (1.75%) but less than three and six-tenths (3.6%) two and five-

tenths percent (2.5%) of total payrolls as determined in § 28-43-1(9), an experience rate for each

eligible employer for the immediately following calendar year shall be determined in accordance

with schedule G in this subsection.

     (8) Whenever, as of September 30, 1987 2016, or any subsequent computation date the

amount in the employment security fund available for benefits is two and seventy five hundredths

percent (2.75%) one percent (1.0%) but less than three percent (3%) one and seventy-five

hundredths percent (1.75%) of total payrolls as determined in § 28-43-1(9), an experience rate for

each eligible employer for the immediately following calendar year shall be determined in

accordance with schedule H in this subsection.

     (9) Whenever, as of September 30, 1987 2016, or any subsequent computation date the

amount in the employment security fund available for benefits is less than two and seventy five

hundredths percent (2.75%) one percent (1.0%) of total payrolls as determined in § 28-43-1(9), an

experience rate for each eligible employer for the immediately following calendar year shall be

determined in accordance with schedule I in this subsection.

     [See Tax Schedules]

     (10) [Deleted by P.L. 2010, ch. 23, art. 22, § 3].

     (b) The contribution rate for each employer for a given calendar year shall be determined

and the employer notified of it not later than April 1 next succeeding each computation date. That

determination shall be binding unless an appeal is taken in accordance with provisions of § 28-

43-13.

     SECTION 2. Chapter 28-39 of the General Laws entitled “Temporary Disability

Insurance – General Provisions” is hereby amended by adding thereto the following section:

     28-39-41. Task Force. -- (a) There is hereby established a task force on temporary

disability insurance fraud and program integrity. The task force shall consist of the following

members or their designees:

     (1) the director of labor and training or designee;

     (2) the secretary of health and human services or designee;

     (3) the director of health or designee:

     (4) the director of office of management and budget or designee; and

     (5) the attorney general or designee.

     The director of labor and training shall chair the task force.

     (b) The task force shall coordinate joint efforts to combat fraud and abuse in the

temporary disability insurance program. The task force shall:

     (1) Foster appropriate use of the program by both claimants and qualified healthcare

providers by educating them about the intent of the program, the benefits provided, acceptable

use of benefits and applicable requirements;

     (2) Protect the integrity of the temporary disability insurance fund by performing joint

investigations into fraudulent activities; and

     (3) Employ best practices as established by other insurance programs both public and

private to ensure program goals and objectives are aimed at providing efficient and effective

services to all customers.

     (c) Notwithstanding and other law or regulation to the contrary, the task force shall

facilitate timely information sharing between and among task force members, including the

establishment of protocols by which participating agencies will advise or refer to other agencies

matters of potential interest.

     SECTION 3. Sections 28-41-11 and 28-41-15 of the General Laws in Chapter 28-41

entitled “Temporary Disability Insurance – Benefits” are hereby amended to read as follows:

     28-41-15. Filing of claims – Restriction on waiting period credit or benefits – Copies

of law and regulations. -- (a) Benefit claims shall be filed pursuant to prescribed regulations.

     (b) No individual shall be eligible for waiting period credits or benefits under this title for

any week of unemployment due to sickness which occurs more than fifty-two (52) weeks ninety

(90) days prior to the time when written notice of his or her claim for waiting period credits or

benefits is mailed or delivered to the department of labor and training or such other agency as the

director may designate. Notwithstanding the above, the director may extend the claim filing

period up to twenty-six (26) weeks if the individual can show a good medical reason for the delay

in filing the claim for benefits.

      (c) Each employer shall post and maintain printed statements of subsection (b) of this

section and of those regulations, in places readily accessible to individuals in his or her service.

Those printed statements shall be supplied by the director to each employer without cost to that

employer.

     (d) Upon the filing of a claim, the director shall promptly mail a notice of the filing of the

claim to the claimant's most recent employer and to all employers for whom the claimant states

he or she performed services and earned wages during his or her base period. The employers shall

promptly furnish the information required to determine the claimant's benefit rights. If the

claimant's employer or employers have any information which might affect either the validity of

the claim or the right of the claimant to waiting period credit or benefits, the employer shall return

the notice with this information. Notwithstanding any inconsistent provisions of chapters 39 – 41

of this title, any employer who fails without good cause as established to the satisfaction of the

director to return the notice within seven (7) working days of its mailing shall pay a penalty of

twenty-five dollars ($25.00) for each failure. This penalty shall be paid into the temporary

disability insurance reserve fund and if any employer fails to pay the penalty, when assessed, it

shall be collected by civil action as provided in § 28-40-12.

     SECTION 4. Section 1 shall take effect as of September 30, 2016. Sections 2 and 3 shall

take effect as of January 1, 2017.

TAX SCHEDULES

Employers Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule

Account A B C D E F G H I

Reserve Reserve Reserve Reserve Reserve Reserve Reserve Reserve Reserve Reserve

Percent Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of

Fund Fund Fund Fund Fund Fund Fund Fund Fund

6.4% 6.1% 5.8% 5.3% 4.7% 3.6% 3.0% 2.75% under

or more 5.5% 4.75% 4.0% 3.25% 2.5% 1.75% 1.0% 2.75%

but less but less but less but less but less but less but less 1.0%

than than than than than than than

6.4% 6.1% 5.8% 5.3% 4.7% 3.6% 3.0%

5.5% 4.75% 4.0% 3.25% 2.5% 1.75%

POSITIVE PERCENTAGES

21.50 and over 0.21 0.4 0.5 0.6 0.7 0.9 1.1 1.2 1.2

20.00 to 21.49 0.4 0.5 0.6 0.7 0.8 1.0 1.2 1.3 1.5

18.50 to 19.99 0.5 0.6 0.7 0.8 0.9 1.1 1.4 1.5 1.8

17.00 and

over to 18.49 0.6 0.7 0.8 0.9 1.0 1.2 1.5 1.7 1.9 2.1

15.50 to 16.99 0.8 0.9 1.0 1.1 1.3 1.5 1.8 2.1 1.9 2.3 2.4

14.00 to 15.49 0.9 1.0 1.2 1.3 1.5 1.7 2.0 2.3 2.1 2.6 2.7

12.50 to 13.99 1.1 1.2 1.4 1.5 1.7 2.0 2.3 2.6 2.4 2.9 3.0

11.00 to 12.49 1.3 1.4 1.6 1.7 1.9 2.2 2.5 2.8 2.7 3.1 3.3

9.50 to 10.99 1.5 1.7 1.8 1.9 2.1 2.4 2.7 3.0 2.9 3.3 3.5

8.00 to 9.49 1.7 1.9 2.0 2.2 2.4 2.7 2.9 3.2 3.1 3.5 3.7

6.50 to 7.99 1.9 2.1 2.3 2.5 2.6 2.9 3.1 3.4 3.3 3.7 3.9

5.00 to 6.49 2.1 2.3 2.5 2.7 2.8 3.1 3.4 3.6 3.9 4.1

3.50 to 4.99 2.3 2.5 2.7 2.9 3.0 3.1 3.3 3.7 3.9 4.2 4.3

2.00 to 3.49 2.5 2.6 2.7 2.8 2.9 3.0 3.2 3.3 3.5 3.6 3.7 3.9 4.0 4.2 4.5 4.6

0.00 to 1.99 2.7 3.0 3.0 3.2 3.2 3.4 3.4 3.6 3.6 3.9 3.9 4.2 4.2 4.4 4.5 4.8 4.9

NEGATIVE PERCENTAGES

- 0.01 to -1.99 3.0 3.3 3.3 3.5 3.5 3.8 3.8 4.2 4.2 4.5 4.5 4.8 4.8 5.0 5.1 5.4 5.5

- 2.00 to - 3.99 3.3 3.5 3.5 3.8 3.8 4.1 4.1 4.5 4.5 4.8 4.8 5.1 5.1 5.3 5.4 5.7 5.8

- 4.00 to - 5.99 3.6 3.8 3.8 4.1 4.1 4.4 4.4 4.8 4.8 5.1 5.1 5.4 5.4 5.7 5.8 6.0 6.1

- 6.00 to - 7.99 3.9 4.1 4.1 4.4 4.4 4.7 4.7 5.1 5.1 5.4 5.4 5.8 5.8 6.1 6.2 6.4 6.5

- 8.00 to - 9.99 4.2 4.4 4.4 4.7 4.7 5.0 5.0 5.4 5.4 5.8 5.8 6.2 6.2 6.5 6.6 6.8 6.9

-10.00 to -11.99 4.5 4.7 4.7 5.0 5.0 5.4 5.4 5.8 5.8 6.2 6.2 6.6 6.6 6.9 7.0 7.2 7.3

-12.00 to -13.99 4.8 5.0 5.0 5.4 5.4 5.8 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.3 7.4 7.6 7.7

-14.00 to -15.99 5.1 5.4 5.4 5.8 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.7 7.8 8.0 8.1

-16.00 to -17.99 5.4 5.8 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.1 8.2 8.4 8.5

-18.00 to -19.99 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.5 8.6 8.8 8.9

-20.00 to -21.99 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.6 8.6 8.9 9.0 9.2 9.3

-22.00 to -23.99 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.6 8.6 9.0 9.0 9.3 9.4 9.6 9.7

-24.00 and over 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.6 8.6 9.0 9.0 9.4 9.4 9.7 9.8 10.0