Chapter 089

2007 -- H 5296

Enacted 06/22/07

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - BENEFITS

Introduced By: Representatives Slater, Almeida, Diaz, Malik, and McNamara

Date Introduced: February 01, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-44-19.1 of the General Laws in Chapter 28-44 entitled

"Employment Security - Benefits" is hereby amended to read as follows:

28-44-19.1. Disqualifying income. -- An individual shall be disqualified from receiving

benefits for any week of his or her unemployment within any period with respect to which that

individual is currently receiving or has received retirement income in accordance with the

following provisions:

      (1) The amount of compensation payable to an individual for any week which begins in a

period with respect to which that individual is receiving a governmental or other pension,

retirement or retired pay, annuity, or any other similar periodic payment which is based on the

previous work of that individual shall be reduced, but not below zero, by an amount equal to fifty

percent (50%) of the amount of that pension, retirement or retired pay, annuity, or other payment,

which is reasonably attributable to that week, if that deduction is required as a condition for full

tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. section 3301

et seq; provided, that if the individual made no contribution to the retirement plan then the

amount of compensation payable to the individual shall be reduced, but not below zero, by the

full amount of that pension, retirement or retired pay, annuity, or other payment, which is

reasonably attributable to that week.

      (2) If at any time following May 3, 1979, subdivision (1) of this section or any provision

of it is not required by federal law in order for an eligible employer to qualify for full tax credit

against the tax imposed by the Federal Unemployment Tax Act 26 U.S.C. section 3301 et seq.,

then subdivision (1) of this section or the provision of it is no longer required and shall have no

force or effect.

(3) Social Security benefits received by an individual shall not be included or considered

as disqualifying income under the provisions of this section.

     SECTION 2. This act shall take effect upon passage.

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LC00883

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