2013 -- H 5621

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LC01739

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

BENEFITS

     Introduced By: Representatives Tomasso, Cimini, Messier, Williams, and Guthrie

     Date Introduced: February 27, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-41-5 of the General Laws in Chapter 28-41 entitled "Temporary

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Disability Insurance - Benefits" is hereby amended to read as follows:

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     28-41-5. Weekly benefit rate -- Dependents' allowances. -- (a) (1) Benefit rate. - The

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benefit rate payable under this chapter to any eligible individual with respect to any week of his

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or her unemployment due to sickness, when that week occurs within a benefit year, shall be, for

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benefit years beginning on or after October 7, 1990, four and sixty-two hundredths percent

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(4.62%) of the wages paid to the individual in that calendar quarter of the base period in which

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the individual's wages were highest; provided, however, that the benefit rate shall not exceed

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eighty-five percent (85%) of the average weekly wage paid to individuals covered by chapters 42

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-- 44 of this title for the preceding calendar year ending December 31. If the maximum weekly

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benefit rate is not an exact multiple of one dollar ($1.00) then the rate shall be raised to the next

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higher multiple of one dollar ($1.00). Those weekly benefit rates shall be effective throughout the

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benefit years beginning on or after July 1 of the year prior to July of the succeeding calendar year.

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      (2) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall

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be raised to the next higher multiple of one dollar ($1.00).

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      (b) Dependents' allowances. - An individual to whom benefits for unemployment due to

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sickness are payable under this chapter with respect to any week, shall, in addition to those

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benefits, be paid with respect to each week a dependent's allowance of ten dollars ($10.00) or

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seven percent (7%), of the individual's benefit rate, payable under subsection (a) of this section,

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whichever is greater for each of that individual's children, including adopted and stepchildren or

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that individual's court appointed wards who, at the beginning of the individual's benefit year, is

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under eighteen (18) years of age and who is at that time in fact dependent on that individual. A

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dependent's allowance shall also be paid to that individual for any child, including an adopted

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child or a stepchild or that individual's court appointed ward, eighteen (18) years of age or over,

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incapable of earning any wages because of mental or physical incapacity, and who is dependent

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on that individual in fact at the beginning of the individual's benefit year, including individuals

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who have been appointed the legal guardian of that child by the appropriate court. However, in no

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instance shall the number of dependents for which an individual may receive dependents'

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allowances exceed five (5) in total. The weekly total of dependents' allowances payable to any

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individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower

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multiple of one dollar ($1.00). The number of an individual's dependents, and the fact of their

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dependency, shall be determined as of the beginning of that individual's benefit year; provided,

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that only Only one individual shall be entitled to a dependent's allowance for the same dependent

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with respect to any week. Each individual who claims a dependent's allowance shall establish his

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or her claim to it to the satisfaction of the director under procedures established by the director.

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      (c) Any individual's benefit rate and/or dependents' allowance in effect for a benefit year

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shall continue in effect until the end of that benefit year unless the individual provides proof of a

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change in dependency status during the benefit year. When an individual requests to add a

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dependent to a claim during an existing benefit year, the change in the dependent's allowance

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shall be effective as of the calendar week in which the proof of the new dependent is provided to

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the department.

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      (d) Partial unemployment due to sickness. - For weeks beginning on or after January 1,

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2006, an individual partially unemployed due to sickness and otherwise eligible in any week shall

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be paid sufficient benefits with respect to that week, so that his or her wages, rounded to the next

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higher multiple of one dollar ($1.00), and his or her benefits combined will equal in amount the

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weekly benefit rate to which he or she would be entitled if totally unemployed due to sickness in

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that week; provided that an individual must have been totally unemployed due to sickness for at

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least seven (7) consecutive days prior to claiming partial benefits under this provision; provided,

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that this provision shall not apply if the individual is entitled to lag day benefits pursuant to

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section 28-41-9; provided, further, that nothing contained herein shall permit any individual to

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whom remuneration is payable for any work performed in any week in an amount equal to or

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greater than his or her weekly benefit rate to receive benefits or waiting period credit for that

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week.

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     SECTION 2. This act shall take effect upon passage.

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LC01739

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

BENEFITS

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     This act would provide that when an unemployed worker who is receiving unemployment

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benefits requests to add a dependent to a claim during an existing benefit year, the proposed

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change shall become effective in the calendar week when the proof of the new dependent is

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provided to the department of labor and training.

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     This act would take effect upon passage.

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LC01739

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