AB 937 — Relating to: the amount of benefits received under the unemployment insurance law. (FE)

-Date 2022of LEGISLATUREenactment: LRB-2943/1 MED:ekg&cjs ASSEMBLY BILL 937 January 31, 2022 - Introduced by Representatives ALLMAN , VORPAGEL, WITTKE, ALLEN , ARMSTRONG , A UGUST, B RANDTJEN , C ABRAL-GUEVARA, C ALLAHAN , D ITTRIC, D UCHOW, E DMING, J AMES, K ATSMA, K ITCHENS, KNODL , KRUG , K UGLITSCH, MAGNAFICI, M OSES, PENTERMAN , PETERSEN, P LUMER, SCHRAA , SNYDER , ORTWELL , TEFFEN, TUSLER, ZIMMERMAN and B ORN, cosponsored by Senators FEYEN, BERNIER, ELZKOWSKI , MARKLEINand S TROEBEL.

ReferredAssembly toBill Committee937 onDate Workforceof Development.publication*:

WISCONSIN ACT A N A CT to amend 108.06 (1) and 108.142 (4);

relatingrelat- ing to:

AnalysisThe bypeople theof Legislative Reference Bureau This bill changes the maximumstate number of weeksWisconsin, ofrepresented regularin unemploymentceled insuranceor (UI)suspended benefitswhich payablewere topaid anor eligiblepayable claimant who is totally unemployed to an amount that varies depending upon the seasonallysenate adjustedand statewideassembly, averagedo unemploymentenact rateas forfollows: the first or third calendar quarter immediately preceding the beginning of the claimant's benefit year.

Currently,claimant, thewhichever maximum number of weeks of regular UI benefits payable to an eligible claimant who is totallylower. unemployed and who earns sufficient wages to qualify for those benefits is fixed at 26 weeks.

UnderSECTION the2. bill, the maximum number of weeks for claimants whose benefit years begin during the first half of a given year is based upon the unemployment rate for the third quarter of the preceding year, and the maximum number of weeks for claimants whose benefit years begin during the second half of a given year is based upon the unemployment rate for the first quarter of that year.

Once108.06 a(1m) claimantof begins a benefit year, the claimant'sstatutes maximum number of weeks of regular benefits is fixedcreated forto thatS benefitECTION year.1.

Because the maximum number of weeks of state supplemental benefits payable to a claimant is calculated in part based upon the maximum number of weeks of regular benefits payable to a claimant, the change also affects the maximum number of weeks of state supplemental benefits payable to a - 2022 Legislature - 2 - LRB-2943/1 MED:ekg&cjs ASSEMBLY BILL 937 claimant.

Under the bill, the maximum number of weeks of regular benefits for total unemployment is determined as follows:

Statewide unemployment rate Maximum weeks of benefits Greater than 9.0 percent 26 Greater than 8.5 percent but less than or 25 equal to 9.0 percent Greater than 8.0 percent but less than or 24 equal to 8.5 percent Greater than 7.5 percent but less than or 23 equal to 8.0 percent Greater than 7.0 percent but less than or 22 equal to 7.5 percent Greater than 6.5 percent but less than or 21 equal to 7.0 percent Greater than 6.0 percent but less than or 20 equal to 6.5 percent Greater than 5.5 percent but less than or 19 equal to 6.0 percent Greater than 5.0 percent but less than or 18 equal to 5.5 percent Greater than 4.5 percent but less than or 17 equal to 5.0 percent Greater than 4.0 percent but less than or 16 equal to 4.5 percent Greater than 3.5 percent but less than or 15 equal to 4.0 percent Less than or equal to 3.5 percent 14 For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

108.06read: (1) Except as provided in sub.

108.06 (1m) (a) The department shall determine the 108.06 (1) Except as provided in sub.

108.141maximum andnumber 108.142,of noweeks claimantof mayregular receive total benefits basedunder on108.141 employmentand in108.142, ano baseclaimant periodmay greaterreceive thantotal 26ben- times the number of weeks determined under sub.

(1m)(1) multiplied by calculating for the claimant'sfirst weeklyand benefit3rd ratequarter of each year the average of the seasonally adjusted statewide efits based on employment in a base period greater than unemployment rates for the months in the quarter, as times the number of weeks determined under s.sub.

108.05determined (1)by orthe 40bureau percent of thelabor claimant'sstatistics basefor periodthe wages,U.S. whichever is lower.

Except(1m) asmultiplied providedby inthe sub.claimant’s weekly benefit rate under s.

108.05 (1) or 40 percent of the claimant’s base department of labor.

For claimants whose benefit years period wages, whichever is lower.

Except as provided in begin on or after January 1 and before July 1 of any year, the department shall make the determination by using the sub.

108.141 and LRB-2943/1 - 2022 Legislature - 3 - MED:ekg&cjs SECTION 1 ASSEMBLY BILL 937 108.142, if a claimant'sclaimant’s base period3rd wagescalendar arequarter reducedof orthe canceledpreceding underyear. s.

108.04For (5)claimants orperiod (18),wages are reduced or suspendedcanceled under s.

108.04 (1)(5) (f),whose (10)benefit (a),years orbegin (17),after theJune claimant30 mayand not receive total benefits based on employmentor inbefore aor base(18), periodor greatersuspended than 26 times the number of weeks determined under sub.s.

(1m)108.04 multiplied(1) (f), (10) (a), or December 31 of any year, the department shall make the (17), the claimant may not receive total benefits based on determination by using the claimant'sfirst weeklycalendar benefitquarter rateof underthat s.employment in a base period greater than 26 times the year.

108.05For (1)benefit oryears 40to percent of the base period wages not reduced, canceled or suspended which wereeach paiddetermination ornumber payableof toweeks thedetermined claimant,under whicheversub. is lower.

SECTION(1m) 2.multiplied applies, the maximum number of weeks of regular bene- by the claimant’s weekly benefit rate under s.

108.06108.05 (1m)(1) offits the statutes is createdas tofollows: read:

[See Figure 108.06 (1m) (a) Thefollowing] departmentor shall40 determinepercent of the maximumbase numberperiod ofwages weeksnot ofreduced, regularcan- benefitsFigure under108.06 sub.(1m) (a):

(1)Statewide byaverage calculatingunemployment forrate theMaximum firstweeks andof 3rdbenefits quarterGreater ofthan each9.0 yearpercent the26 averageGreater ofthan the8.5 seasonallypercent adjustedbut statewideless unemploymentthan ratesor forequal theto months9.0 inpercent the25 quarter,Greater asthan determined8.0 bypercent thebut bureauless ofthan laboror statisticsequal forto the8.5 U.S.percent 24 * Section 991.11ISCONSINSTATUTE:

departmentEffective date of labor.acts.

For“Every claimantsact whoseand benefitevery yearsportion beginof onan oract afterenacted Januaryby 1the andlegislature beforeover Julythe 1governor’s ofpartial anyveto year,which thedoes departmentnot shallexpressly makeprescribe the determinationtime bywhen usingit takes effect shall take effect on the 3rdday calendarafter quarterits date of thepublication.” precedingWisconsin year.ForAct claimants− whose2 benefit− years2021 beginAssembly afterBill June937 30Greater andthan on7.5 percent but less than or beforeequal Decemberto 318.0 ofpercent any23 year,Greater thethan department7.0 shallpercent makebut theless determinationthan byor usingequal theto first7.5 calendarpercent quarter22 Greater than 6.5 percent but less than or equal to 7.0 percent 21 Greater than 6.0 percent but less than or equal to 6.5 percent 20 Greater than 5.5 percent but less than or equal to 6.0 percent 19 Greater than 5.0 percent but less than or equal to 5.5 percent 18 Greater than 4.5 percent but less than or equal to 5.0 percent 17 Greater than 4.0 percent but less than or equal to 4.5 percent 16 Greater than 3.5 percent but less than or equal to 4.0 percent 15 Less than or equal to 3.5 percent 14 (b) The maximum number of thatweeks year.of regular bene- sum of the number of weeks determined under s.

For108.06 benefitfits yearspayable to whicha eachclaimant determinationunder applies,sub. the maximum number of weeks of regular benefits is as follows:

[See(1) Figurein 108.06the first week (1m) (a)and following]8, Figuremultiplied 108.06by (1m)the (a):claimant’s weekly benefit of the claimant’s benefit year remains the same regard- rate under s.

Statewide108.05 average(1) unemployment rate Maximum weeks of benefits Greater than 9.0 percent 26 Greater than 8.5 percent but less than or 2540 equal to 9.0 percent -of 2022wages Legislaturepaid - 4 - LRB-2943/1 MED:ekg&cjs ASSEMBLY BILL 937 SECTION 2 Greater than 8.0 percent but less than or 24 equal to 8.5 percent Greater than 7.5 percent but less thanof orthe 23 equal to 8.0 percent Greater than 7.0 percent but less than or 22 equal to 7.5 percent Greater than 6.5 percent but less than or 21 equal to 7.0 percent Greater than 6.0 percent but less than or 20 equal to 6.5 percent Greater than 5.5 percent but less than or 19 equal to 6.0 percent Greater than 5.0 percent but less than or 18 equal to 5.5 percent Greater than 4.5 percent but less than or 17 equal to 5.0 percent Greater than 4.0 percent but less than or 16 equal to 4.5 percent Greater than 3.5 percent but less than 4.0 15 percent Less than or equal to 3.5 percent 14 (b) The maximum number of weeks of regular benefits payable to athe claimant in his or her base period under sub.s.

(1) in the first week of the claimant's benefit year remains the same regardless of the maximum number of weeks of regular benefits in effect in any subsequent week that benefits become payable108.04 to(4) the(a), claimant.whichever is lower.

(c)payable Theto department shall publish on its Internet site a notice about the maximumclaimant. number of weeks of regular benefits available as calculated in accordance with this subsection.

S(c) ECTIONThe 3.department shall publish on its Internet site SECTION 4.

108.142 (4) of the statutes is amended to read: