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House Bill 1450

House Bill 1450

ARCHIVE (2011)

Latest Information

DIGEST OF HB1450 (Updated February 22, 2011 3:15 pm - DI 84)

Unemployment insurance. Provides that an individual employed for any week on an on-call or as-needed basis and who receives remuneration for personal services or has available work from an on-call employer is not totally or partially unemployed for purposes of receiving an unemployment benefit. Provides that an individual is not eligible for an unemployment insurance benefit (benefit) for any week in which the individual is on a vacation week, if the individual receives remuneration from the employer for that week, or the individual does not receive remuneration from the employer for that week, because of a written contract with the employer or the employer's regular vacation policy and practice, and has a reasonable assurance of employment with the employer after the vacation period ends. Removes the cap on wage credits. Establishes the weekly unemployment insurance benefit amount as 47% of the individual's prior average weekly wage. Establishes the maximum weekly benefit amount at $390. Removes from the definition of "deductible income": (1) for a week in which a payment is actually received by an individual, payments made by an employer to an individual who accepts an offer from the employer in connection with a layoff or a plant closure; and (2) the part of a payment made by an employer to an individual who accepts an offer from the employer in connection with a layoff or a plant closure if that part is attributable to a week, and the week: (A) occurs after an individual receives the payment; and (B) was used under the terms of a written agreement to compute the payment. Includes in the definition of "deductible income": (1) compensation made under a valid negotiated contract or agreement in connection with a layoff or plant closure, without regard to how the compensation is characterized by the contract or agreement; and (2) a supplemental unemployment insurance benefit made under a valid negotiated contract or agreement. Provides for an annual employer surcharge that, for 2011, is equal to 13% of the contribution rate paid by the employer, if the state is required to pay interest on advances made to the state from the federal unemployment account in the federal unemployment trust fund. For a calendar year after 2011, requires the department of workforce development (department) to determine the surcharge percentage for the year by January 31 based on factors that include: (1) the interest rate charged the state for the year; and (2) the state's outstanding loan balance to the federal unemployment account on January 1. Allows the department to use the employer surcharge to repay interest on federal advances. Exempts new employers from payment of the unemployment insurance surcharge. Establishes the unemployment insurance solvency fund for the part of the employer surcharge used to repay interest on federal advances. Provides that, for calendar years 2011 through 2020, Schedule E applies in determining and assigning each employer's contribution rate. Makes changes to the method used to determine an employer's contribution rate when the employer fails to properly file all required contribution and wage reports and to pay all contributions, penalties, and interest due and owing by the employer or the employer's predecessors. Provides that unemployment benefits may not be paid to an individual employed by a Head Start or an Early Head Start program for a week during a period between two successive academic years or terms if the individual performs the employment in the first academic year or term and there is a reasonable assurance that the individual will be employed in the second academic year or term. Provides that, in 2012, an individual may elect to have state income tax and local income tax withheld from unemployment compensation received by the individual. Provides that a distribution from a pension, retirement, or annuity plan is not deductible from an individual's unemployment benefit if the individual uses the distribution to satisfy a severe financial hardship resulting from an unforeseeable emergency that is the result of events beyond the individual's control. Makes conforming amendments.
Current Status:
Law Enacted
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