Chapter 012
2011 -- S 0793
Enacted 04/15/11
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY -- BENEFITS
Introduced By: Senators DaPonte, Felag, Pichardo, and Walaska
Date Introduced: March 24, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 28-44-62 of the General Laws in Chapter
28-44 entitled
"Employment Security -
Benefits" is hereby amended to read as follows:
28-44-62. Extended benefits. -- (a)
Definitions. - As used in this section, unless the
context clearly requires otherwise:
(1) "Eligibility
period" of an individual means the period consisting of the weeks in his
or her benefit year which begin in an extended period
that is in effect in this state and, if his or her
benefit year ends within that extended benefit period, any
weeks thereafter which begin in that
period.
(2) "Extended
benefit period" means a period which:
(i)
Begins with the third week after the first week for which there is a state
"on"
indicator; and
(ii) Ends with either
of the following weeks, whichever occurs later: (A) the third (3rd)
week after the first week for which there is a state
"off " indicator; or (B) the thirteenth (13th)
consecutive week of that period; provided, that no extended
benefit period may begin by reason
of a state "on" indicator before the
fourteenth week following the end of a prior extended benefit
period which was in effect with respect to this state; and
provided, further, that no extended
benefit period may become effective in this state prior to
the sixty-first (61st) day following the
date of enactment of the Federal-State Extended
Unemployment Compensation Act of 1970 (see
26 U.S.C. section 3304), and that, on and after
January 1, 1972, either state or national indicators
shall be applicable.
(iii) There is a
"state 'on' indicator" for this state for a week, beginning after
September
25, 1982 and prior to December 18, 2010, or
beginning on or after January 1, 2012, if:
(A) The director
determines, in accordance with regulations of the U.S. Secretary of
Labor, that for the period consisting of that week and
the immediately preceding twelve (12)
weeks, the rate of insured unemployment not seasonally
adjusted under this chapter:
(I) Equaled or exceeded
one hundred twenty percent (120%) of the average of those rates
for the corresponding thirteen (13) week period ending in
each of the preceding two (2) calendar
years, and
(II) Equaled or
exceeded five percent (5%), or
(B) The director
determines, in accordance with regulations of the U.S. Secretary of
Labor, that for the period consisting of that week and
the immediately preceding twelve (12)
weeks, the rate of insured unemployment not seasonally
adjusted under this chapter equaled or
exceeded six percent (6%), regardless of the insured
unemployment rate in previous years, or
(C) With respect to
benefits for weeks of unemployment beginning after March 6, 1993,
and prior to December 18, 2010, or beginning on or after
January 1, 2012 the average rate of
total
unemployment seasonally adjusted, as determined by the United States
Secretary of Labor, for
the period consisting of the most recent three (3) months
for which data for all states are
published before the close of that week:
(I) Equals or exceeds
6.5 percent (6.5%), and
(II) Equals or exceeds
one hundred ten percent (110%) of such average for either or both
of the corresponding three (3) month periods ending in
the two (2) preceding calendar years.
(D) Notwithstanding any
provision of this subdivision, any week for which there would
otherwise be a state "on" indicator shall continue to
be such a week and shall not be determined to
be a week for which there is a state "off"
indicator.
(iv)
There is a "state 'on' indicator" for this state for a
week, beginning on or after
December 18, 2010 and ending on or before December 31,
2011, if:
(A) The director
determines, in accordance with regulations of the U.S. Secretary of
Labor, that for the period consisting of that week and
the immediately preceding twelve (12)
weeks, the rate of insured unemployment not seasonally
adjusted under this chapter:
(I) Equaled or
exceeded one hundred twenty percent (120%) of the average of those rates
for the corresponding thirteen (13) week period ending in
each of the preceding three (3) calendar
years; and
(II) Equaled or
exceeded five percent (5%); or
(B) The director
determines, in accordance with regulations of the U.S. Secretary of
Labor, that for the period consisting of that week and
the immediately preceding twelve (12)
weeks, the rate of insured unemployment not seasonally
adjusted under this chapter equaled or
exceeded six percent (6%), regardless of the insured
unemployment rate in previous years; or
(C) With respect to
benefits for weeks of unemployment beginning on or after December
18, 2010 and ending on or before December 31, 2011,
the average rate of total unemployment
seasonally adjusted, as determined by the United States
Secretary of Labor, for the period
consisting of the most recent three (3) months for which data
for all states are published before
the close of that week:
(I) Equals or exceeds
six and one-half percent (6.5%); and
(II) Equals or
exceeds one hundred ten percent (110%) of such average for any or all of
the corresponding three (3) month periods ending in the
three (3) preceding calendar years.
(D) Notwithstanding
any provision of this subdivision, any week for which there would
otherwise be a state "on" indicator shall continue to
be such a week and shall not be determined to
be a week for which there is a state "off"
indicator.
(iv)(v)(A)
There is a state "off" indicator for this state for a week beginning
after March
6, 1993 and prior to December 18, 2010 or beginning
on or after January 1, 2012, if in the period
consisting of the week and the immediately preceding twelve (12)
weeks, none of the options
specified in subparagraphs (iii)(A), (B), and (C) of this
subdivision result in an "on" indicator.; or
(B) There is a state
"off" indicator for this state for a week beginning on or after
December 18, 2010 and ending on or before December 31,
2011, if in the period consisting of the
week and the immediately preceding twelve (12) weeks, none
of the options specified in
subparagraphs (iv)(A),(B), and (C) of this subdivision result in an
"on" indicator.
(3) "Extended
benefits" means benefits, including benefits payable to federal civilian
employees and to ex-servicepersons pursuant to 5 U.S.C. section
8501 et seq., payable to an
individual under the provisions of this section for weeks of
unemployment in his or her eligibility
period.
(4) (i) "Rate of insured unemployment", for purposes
of paragraph (2)(iii) of this
subsection, means the percentage derived by dividing:
(A) The average weekly
number of individuals filing claims for regular benefits for
weeks of unemployment with respect to the most recent
thirteen (13) consecutive week period, as
determined by the director on the basis of reports submitted to
the Secretary of Labor, by
(B) The average monthly
covered employment for the first four (4) of the most recent six
(6) completed calendar
quarters ending before the end of the thirteen (13) week period.
(ii) Computations
required by the provisions of this subdivision shall be made by the
director, in accordance with the regulations prescribed by the
Secretary of Labor.
(5) "Regular
benefits" means benefits, including dependents' allowances, payable to an
individual under chapters 42 -- 44 of this title, or under any
other state law, including benefits
payable to federal civilian employees and to
ex-servicepersons pursuant to 5 U.S.C. section 8501
et seq., other than extended benefits.
(6) "State"
includes any state of the
the
(7) "State
law" means the unemployment insurance law of any state, approved by the
Secretary of Labor under 26 U.S.C. section
3304.
(8) "Suitable
work" means, with respect to any individual, any work that is within that
individual's capabilities; provided, however:
(i)
That the gross average weekly remuneration payable for the work must exceed the
sum of the individual's weekly benefit amount as
determined under subsection (g) of this section
plus the amount, if any, of supplemental unemployment
benefits 26 U.S.C. section 50(C)(17)(D)
payable to that individual for that week, and
(ii) That wages for
such work are not less than the higher of:
(A) The minimum wage
provided by 29 U.S.C. section 206(a)(1) without regard
to any
exemption, or
(B) The applicable
state or local minimum wage.
(b) Effect of state law
provisions relating to regular benefits on claims for, and the
payment of extended benefits. - Except when the result would
be inconsistent with the other
provisions of this section and as otherwise provided in the
employment security rules, the
provisions of chapters 42 -- 44 of this title which apply to
claims for, or the payment of, regular
benefits shall apply to claims for, and the payment of,
extended benefits provided under this
section.
(c) Eligibility
requirements for extended benefits. - An individual shall be eligible to
receive extended benefits with respect to any week of
unemployment in his or her eligibility
period only if the director finds that:
(1) He or she has,
prior to that week, exhausted all of his or her rights to regular benefits
provided under chapters 42 -- 44 of this title because either:
(i)
He or she has received all of those benefits that were available to him or her
in his or
her current benefit year, or
(ii) His or her benefit
year has expired prior to that week, and he or she has insufficient
wages and/or insufficient weeks of employment on which to establish
a new benefit year which
would include that week; and
(2) With respect to
that week of unemployment:
(i)
He or she has exhausted all his or her rights to regular benefits available to
him or her
under any state law, including benefits payable to federal
civilian employees and ex-
servicepersons under section 5 U.S.C. section 8501 et seq.;
(ii) He or she has no
rights to allowances or unemployment benefits under any other
federal law, such as the Railroad Unemployment Insurance Act;
(iii) He or she has not
received unemployment benefits under the law of
(iv)
He or she is not disqualified or ineligible for benefits under any
provisions of
chapters 42 -- 44 of this title, to the extent that those
provisions, pursuant to paragraph (ii) of this
subdivision or the regulations adopted pursuant to that
paragraph, are applicable to the claims for,
and the payment of, extended benefits provided under this
section; provided, that for purposes of
subdivision (1) of this subsection, an individual shall be deemed
to have exhausted his or her
regular benefit rights with respect to any week of
unemployment when he or she may become
entitled to regular benefits with respect to that week, or
future weeks, but those benefits are not
payable at the time he or she claims extended benefits
because final action has not yet been taken
on a pending appeal with respect to regular benefits
based on wages and/or employment which
were not considered in the prior determination of his or
her benefits.
(3) Notwithstanding the
provisions of this subsection, an individual filing an initial claim
for extended benefits effective March 7, 1993 or after
shall not be eligible for extended
compensation for any week of unemployment, unless in the base
period with respect to which the
individual exhausted all rights to regular benefits provided
under chapters 42 -- 44 of this title, the
individual:
(i)
Had earnings in insured employment under chapters 42 -- 44 of this title which
equaled or exceeded forty (40) times the individual's weekly
benefit amount, including
dependent's allowance, or
(ii) Had been paid
wages for insured employment under chapters 42 -- 44 of this title
which equaled or exceeded one and one-half (1 1/2) times
the individual's insured wages in the
calendar quarter of the base period in which the individual's
insured wages were the highest, or
(iii) Had twenty (20)
weeks of full-time work in insured employment under chapters 42 -
- 44 of this title.
(d) (1) Suitable work
and work search requirements for extended benefits. -
Notwithstanding the provisions of subsection (b) of
this section, an individual shall be ineligible
for payment of extended benefits for any week of
unemployment beginning on or after April 1,
1981, if the director finds that during that period:
(i)
He or she failed to accept an offer of suitable work as defined under
subsection (a) of
this section or failed to apply for any suitable work to
which he or she was referred by the
director; or
(ii) He or she failed
to actively engage in seeking work as prescribed under subdivision
(3) of this subsection;
(2) Any individual who
has been found ineligible for extended benefits by reason of the
provisions in subdivision (1) of this subsection shall also be
denied benefits beginning the first
day of the week following the week in which that failure
occurred and until he or she has been
employed, except in self-employment, in each of four (4)
subsequent weeks, whether or not
consecutive, and has earned remuneration equal to not less than
four (4) times the extended
weekly benefit amount. No individual shall be denied
extended benefits for failure to accept an
offer of or to apply for any job which meets the definition
of suitability as described in subsection
(a) of this section if:
(i)
The position was not offered to that individual in writing or was not listed
with the
employment service;
(ii) The failure would
not result in a denial of benefits under the definition of suitable
work for regular benefit claimants in section 28-44-20 to
the extent that the criteria of suitability
in that section are not inconsistent with the provisions
of subsection (a) of this section; or
(iii) The individual
furnishes satisfactory evidence to the director that his or her
prospects for obtaining work in his or her customary occupation
within a reasonably short period
are good. If that evidence is deemed satisfactory for
this purpose, the determination of whether
any work is suitable with respect to that individual
shall be made in accordance with the
definition of suitable work for regular benefit claimants in
section 28-44-20 without regard to the
definition specified by subsection (a) of this section.
(3) For the purpose of
paragraph (1)(ii) of this subsection, an individual
shall be treated
as actively engaged in seeking work during any week if:
(i)
The individual has engaged in a systematic and sustained effort to obtain work
during
that week;
(ii) The individual
furnishes tangible evidence that he or she has engaged in that effort
during that week; and
(iii) The director
shall give written notice of the minimum requirements necessary to
satisfy the requirements of this subsection prior to the
individual's exhaustion of regular benefits
provided under chapters 42 -- 44 of this title.
(4) Notwithstanding the
provisions of subdivision (a)(8) of this section to
the contrary,
no work shall be deemed to be suitable work for an
individual which does not accord with the
labor standard provisions required by 26 U.S.C. section
3304(a)(5) and set forth under section 28-
44-20(a) and (b).
(e) Cessation of
extended benefits when paid under interstate claim in a state where
extended benefit period is not in effect. - (1) Except as
provided in subdivision (2) of this
subsection, an individual shall not be eligible for extended
benefits for any week beginning on or
after June 1, 1981, if:
(i)
Extended benefits are payable for that week pursuant to an interstate claim
filed in
any state under the interstate benefit payment plan; and
(ii) No extended
benefit period is in effect for that week in that state.
(2) Subdivision (1) of
this subsection shall not apply with respect to the first two (2)
weeks for which extended benefits are payable, determined
without regard to this subsection,
pursuant to an interstate claim filed under the interstate
benefit payment plan to the individual
from the extended benefit account established for the
individual with respect to the benefit year.
(f) Suitable work. -
The employment service shall refer any claimant entitled to extended
benefits under chapters 42 -- 44 of this title to any suitable
work which meets the criteria
prescribed in subsection (a) of this section.
(g) Weekly extended
benefit amount. - The weekly extended benefit amount payable to
an individual for a week of total unemployment in his or
her eligibility period shall be an amount
equal to the weekly benefit amount, including dependent's
allowances, payable to him or her for a
week of total unemployment during his or her benefit year.
(h) Maximum extended
benefit amount. - (1) The maximum extended benefit
amount
payable to any eligible individual with respect to the
applicable benefit year shall be the least of
the following amounts, determined on the basis of the
specified regular benefit amounts which
were payable, or paid, whichever is applicable, to the
individual in the benefit year:
(i)
Fifty percent (50%) of the maximum potential regular benefits, including
dependents'
allowances, which were payable to the individual under chapters
42 -- 44 of this title in the
benefit year, or
(ii)
Thirteen (13) times the individual's weekly benefit amount, including
dependents'
allowances, which was payable to the individual under chapters
42 -- 44 of this title for a week of
total unemployment in the benefit year.
(2) Effective with
respect to weeks beginning in a high unemployment period, the
maximum extended benefit amount payable to any eligible
individual with respect to the
applicable benefit year shall be the least of the following
amounts, determined on the basis of the
specified regular benefit amounts which were payable, or paid,
whichever is applicable, to the
individual in the benefit year:
(i)
(A) Eighty percent (80%) of the maximum potential regular benefits, including
dependents' allowances, which were payable to the individual
under chapters 42 -- 44 of this title
in the benefit year, or
(B) Twenty (20) times
the individual's weekly benefit amount, including dependents'
allowances, which was payable to the individual under chapters
42 -- 44 of this title in the benefit
year.
(ii) For the purposes
of this subdivision, the term "high unemployment period" means
any period during which an extended benefit period would
be in effect if item (a)(1)(iii)(C)(I) or
item (a)(1)(iv)(C)(I) of this section were applied by substituting "eight percent"
("8%") for "6.5
percent" ("6.5%").
(3) Notwithstanding any
other provisions of this chapter, if the benefit year of any
individual ends within an extended benefit period, the remaining
balance of extended benefits that
the individual would, but for this subsection, be
entitled to receive in that extended benefit period,
with respect to weeks of unemployment beginning after the
end of the benefit year, shall be
reduced, but not below zero (0), by the product of the number
of weeks for which the individual
received any amounts as trade readjustment allowances within
that benefit year, multiplied by the
individual's weekly benefit amount for extended benefits.
(i)
Beginning and termination of extended benefit period. Whenever an extended
benefit
period is to become effective in this state as a result of a
state "on" indicator, or an extended
benefit period is to be terminated in this state as a result
of a state "off " indicator, the director
shall make an appropriate public announcement.
(j) If the
Federal-State Extended Unemployment Compensation Act of 1970 (see 26
U.S.C. section 3304) is amended so as to authorize
this state to pay benefits for an extended
benefit period in a manner other than that currently provided
by this section, then, and in that
case, all the terms and conditions contained in the
amended provisions of that federal law shall
become a part of this section to the extent necessary to
authorize the payment of benefits to
eligible individuals as permitted under that amended
provision.
SECTION 2. This act shall take effect upon passage.
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LC02077
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