Amendment vs bill Amendment H-1177 vs Introduced

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House File 754 - Introduced HOUSE FILE 754 BY COMMITTEE ON LABOR (SUCCESSOR TO HSB 203) A BILL FOR An Act relating to unemployment insurance and including effective date and applicability provisions.
House File 754 H-1177 Amend the amendment, H-1131, to House File 754 as follows:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1843HV (2) 89 je/rn H.F.
754 Section 1.
Section 96.1A, Code 2021, is amended by adding the following new subsections:
NEW SUBSECTION .
01.
“Able to work” means the individual is physically and mentally able to perform work.
NEW SUBSECTION .
1A.
“Available for work” means the individual is ready and willing to accept suitable work.
NEW SUBSECTION .
32A.
“Severance pay” means any payment in connection with separation from employment that is not conditioned on the individual giving up any legal right or the release of any rights.
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2.
Section 96.1A, subsection 18, unnumbered paragraph 1, Code 2021, is amended to read as follows:
“Exhaustee” means an individual who, with respect to any week of unemployment in the individual’s eligibility period has received, prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependents’ allowances and benefits payable to federal civilian employees and former armed forces personnel under 5 U.S.C.
ch.
85, in the individual’s current benefit year that includes such weeks.
Provided that for the purposes of this subsection an individual shall be deemed to have received all of the regular benefits that were available to the individual, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in the individual’s benefit year the individual may subsequently be determined to be entitled to add regular benefits, or:
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3.
Section 96.3, subsection 4, Code 2021, is amended to read as follows:
4.
Determination of benefits.
a.
With respect to benefit years beginning on or after July 1, 1983, an An eligible individual’s weekly benefit amount for a week of total unemployment shall be an amount equal to the following fractions of the individual’s total wages in insured work paid during that quarter of the individual’s base period LSB 1843HV (2) 89 -1- je/rn 1/8 H.F.
754 in which such total wages were highest.
The director shall determine annually a maximum weekly benefit amount equal to the following percentages, to vary with the number of based on whether the individual has dependents, of the statewide average weekly wage paid to employees in insured work which shall be effective the first day of the first full week in July:
July.
If the The weekly Subject to number of benefit amount the following dependents shall equal maximum is:
the following percentage of fraction of high the statewide quarter wages:
average weekly wage:
0 1/23 53% 1 or more 1/22 55% 57% 2 1/21 57% 3 1/20 60% 4 or more 1/19 65% b.
The maximum weekly benefit amount, if not a multiple of one dollar, shall be rounded to the lower multiple of one dollar.
However, until such time as sixty-five percent of the statewide average weekly wage exceeds one hundred ninety dollars, the The maximum weekly benefit amounts shall be determined using the statewide average weekly wage computed on the basis of wages reported for the current calendar year 1981.
As used in this section, “dependent” means dependent as defined in section 422.12, subsection 1, paragraph “a”, as if the individual claimant was a taxpayer, except that an individual claimant’s nonworking spouse shall be deemed to be a dependent under this section.
“Nonworking spouse” means a spouse who does not earn more than one hundred twenty dollars in gross wages in one week.
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4.
Section 96.3, subsection 5, paragraph a, Code 2021, is amended to read as follows:
a.
Duration of benefits.
The maximum total amount of LSB 1843HV (2) 89 -2- je/rn 2/8 H.F.
754 benefits payable to an eligible individual during a benefit year shall not exceed the total of the wage credits accrued to the individual’s account during the individual’s base period, or twenty-six times the individual’s weekly benefit amount, whichever is the lesser.
The director shall maintain a separate account for each individual who earns wages in insured work.
The director shall compute wage credits for each individual by crediting the individual’s account with one-third of the wages for insured work paid to the individual during the individual’s base period.
However, the director shall recompute wage credits for an individual who is laid off due to the individual’s employer going out of business at the factory, establishment, or other premises at which the individual was last employed, by crediting the individual’s account with one-half, instead of one-third, of the wages for insured work paid to the individual during the individual’s base period.
Benefits paid to an eligible individual shall be charged against the base period wage credits in the individual’s account which have not been previously charged, in the inverse chronological order as the wages on which the wage credits are based were paid.
However if the state “off” indicator is in effect and if the individual is laid off due to the individual’s employer going out of business at the factory, establishment, or other premises at which the individual was last employed, the maximum benefits payable shall be extended to thirty-nine times the individual’s weekly benefit amount, but not to exceed the total of the wage credits accrued to the individual’s account.
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5.
Section 96.4, Code 2021, is amended by adding the following new subsection:
NEW SUBSECTION .
8.
The individual has satisfied a single one-week waiting period during the individual’s benefit year.
To satisfy the one-week waiting period, the individual, with respect to the week in question, must be eligible for benefits from this state, but must not have received benefits from this LSB 1843HV (2) 89 -3- je/rn 3/8 H.F.
754 state, and must not be eligible for benefits from another state.
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6.
Section 96.5, subsection 3, paragraph a, subparagraph (1), subparagraph divisions (a), (b), and (c), Code 2021, are amended to read as follows:
(a) One hundred Eighty percent, if the work is offered during the first five four weeks of unemployment.
(b) Seventy-five Seventy percent, if the work is offered during the sixth fifth through the twelfth eighth week of unemployment.
(c) Seventy Sixty percent, if the work is offered during the thirteenth through the eighteenth after the ninth week of unemployment.
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7.
Section 96.5, subsection 3, paragraph a, subparagraph (1), subparagraph division (d), Code 2021, is amended by striking the subparagraph division.
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8.
Section 96.6, subsection 2, Code 2021, is amended to read as follows:
2.
Initial determination.
a.
A representative designated by the director shall promptly notify all interested parties to the claim of its filing, and the parties have ten days from the date of issuing the notice of the filing of the claim to protest payment of benefits to the claimant.
All interested parties shall select a format as specified by the department to receive such notifications.
The representative shall promptly examine the claim and any protest, take the initiative to ascertain relevant information concerning the claim, and, on the basis of the facts found by the representative, shall determine whether or not the claim is valid, the week with respect to which benefits shall commence, the weekly benefit amount payable and its maximum duration, and whether any disqualification shall be imposed.
b.
The claimant has the burden of proving that the claimant meets the basic eligibility conditions of section 96.4.
The LSB 1843HV (2) 89 -4- je/rn 4/8 H.F.
754 employer has the burden of proving that the claimant is disqualified for benefits pursuant to section 96.5, except as provided by this subsection.
The claimant has the initial burden to produce evidence showing that the claimant is not disqualified for benefits in cases involving section 96.5, subsections 10 and 11, and has the burden of proving that a voluntary quit pursuant to section 96.5, subsection 1, was for good cause attributable to the employer and that the claimant is not disqualified for benefits in cases involving section 96.5, subsection 1, paragraphs “a” through “h”.
Unless the claimant or other interested party, after notification or within ten calendar days after notification was issued, files an appeal from the decision, the decision is final and benefits shall be paid or denied in accordance with the decision.
If an administrative law judge affirms a decision of the representative, or the appeal board affirms a decision of the administrative law judge allowing benefits, the benefits shall be paid regardless of any appeal which is thereafter taken, but if the decision is finally reversed, no employer’s account shall be charged with benefits so paid and this relief from charges shall apply to both contributory and reimbursable employers, notwithstanding section 96.8, subsection 5.
Sec.
9.
Section 96.6, subsection 4, Code 2021, is amended by striking the subsection and inserting in lieu thereof the following:
4.
Effect of decision —— payment of benefits.
Unless the claimant or other interested party, after notification or within ten calendar days after notification was issued, files an appeal from the decision of the representative of the department, the decision is final and benefits shall be paid or denied in accordance with the decision.
If an administrative law judge affirms a decision of the representative, or the appeal board affirms a decision of the administrative law judge allowing benefits, the benefits shall be paid regardless of any appeal which is thereafter taken, but if the decision is LSB 1843HV (2) 89 -5- je/rn 5/8 H.F.
754 finally reversed, no employer’s account shall be charged with benefits so paid and this relief from charges shall apply to both contributory and reimbursable employers, notwithstanding section 96.8, subsection 5.
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10.
EFFECTIVE DATE.
This Act takes effect July 1, 2022.
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11.
APPLICABILITY.
Except as otherwise provided in this section, this Act applies to any week of unemployment benefits beginning on or after July 3, 2022.
Page 4, line 5, after <state.> by inserting <This subsection does not apply to an individual the terms or conditions of whose most recent employment included work with a contagious or infectious disease as defined in section 139A.2.> ______________________________ HUNTER of Polk H1131.1297 (1) 89 -1- je/rn 1/1
2.
The sections of this Act enacting section 96.4, subsection 8, and amending section 96.6, subsection 4, apply to any new claim of unemployment benefits beginning on or after July 3, 2022.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
This bill relates to unemployment insurance under Code chapter 96.
The bill defines “able to work”, for purposes of unemployment benefits, to mean the individual is physically and mentally able to perform work.
The bill defines “available for work”, for purposes of unemployment benefits, to mean the individual is ready and willing to accept suitable work.
The bill defines “severance pay”, for purposes of Code chapter 96, as any payment in connection with separation from employment that is not conditioned on the individual giving up any legal right or the release of any rights.
The bill strikes language providing that an eligible individual’s maximum weekly benefit amount varies with the number of dependents the individual has.
The bill instead provides that an individual with dependents is subject to a maximum of 57 percent of the statewide average weekly wage.
The division strikes language defining “dependent”.
The bill strikes additional obsolete language.
LSB 1843HV (2) 89 -6- je/rn 6/8 H.F.
754 The bill strikes language requiring the director of the department of workforce development to recompute wage credits for purposes of calculating an individual’s maximum total amount of unemployment benefits payable during a benefit year.
The stricken language applied to an individual who is laid off due to the individual’s employer going out of business at the factory, establishment, or other premises at which the individual was last employed by crediting the individual’s account with one-half, instead of one-third, of the wages for insured work paid to the individual during the individual’s base period.
The bill also strikes language providing an additional 13 weeks of benefits to such individuals if the state “off” indicator, which relates to the rate of insured unemployment in the state, is in effect.
The bill provides that in order to be eligible for unemployment benefits, an individual must satisfy a single one-week waiting period during the individual’s benefit year.
To satisfy the one-week waiting period, the individual, with respect to the week in question, must be eligible for benefits from this state, but must not have received benefits from this state, and must not be eligible for benefits from another state.
The bill modifies the percentages of the individual’s average weekly wage for insured work paid to the individual during the quarter of the individual’s base period in which the individual’s wages were highest, which the gross weekly wages for new work by the individual must equal or exceed for the new work to be considered suitable.
Under current law, if an individual fails without good cause to apply for or accept suitable work, the individual is disqualified from eligibility for unemployment benefits.
Under current law, the percentages are 100 percent, if the work is offered during the first five weeks of unemployment;
75 percent, if the work is offered during the sixth through the twelfth week of unemployment;
70 percent, if the work is offered during the thirteenth through LSB 1843HV (2) 89 -7- je/rn 7/8 H.F.
754 the eighteenth week of unemployment;
and 65 percent, if the work is offered after the eighteenth week of unemployment.
Under the bill, the percentages are 80 percent, if the work is offered during the first four weeks of unemployment;
70 percent, if the work is offered during the fifth through eighth week of unemployment;
and 60 percent, if the work is offered after the ninth week of unemployment.
The bill strikes language providing that a finding of fact or law, judgment, conclusion, or final order regarding a determination of eligibility for unemployment benefits is binding only upon the parties to proceedings and is not binding upon any other proceedings or action involving the same facts brought by the same or related parties before the division of labor services, division of workers’ compensation, other state agency, arbitrator, court, or judge of this state or the United States.
The bill takes effect July 1, 2022.
The provisions of the bill providing for a one-week waiting period in order to be eligible for unemployment benefits and striking language providing that a finding of fact or law, judgment, conclusion, or final order regarding a determination of eligibility for unemployment benefits is binding only upon the parties to proceedings apply to any new claim of unemployment benefits beginning on or after July 3, 2022.
The remainder of the bill applies to any week of unemployment benefits beginning on or after July 3, 2022.
LSB 1843HV (2) 89 -8- je/rn 8/8