Struck = removed from the bill ·
added = the amendment's new text.
House File 754 -H-1131 IntroducedAmend HOUSEHouse FILEFile 754 BYas COMMITTEEfollows: ON LABOR (SUCCESSOR TO HSB 203) A BILL FOR An Act relating to unemployment insurance and including effective date and applicability provisions.
BE1. IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSBBy 1843HVstriking (2)everything 89after je/rnthe H.F.enacting clause and inserting:
754<Section Section 1.
With respect to benefit years beginning on or after July 1, 1983, an An eligible individual’s weekly benefit amount for HF754.1105 (2) 89 -1- je/rn 1/6 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 LSBin 1843HVwhich (2)such 89total -1-wages je/rnwere 1/8highest. H.F.
754 in which such total wages were highest.
HF754.1105 (2) 89 -2- je/rn 2/6 Sec.
The maximum total amount of LSBbenefits 1843HVpayable (2)to 89an -2-eligible je/rnindividual 2/8during H.F.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.
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.
HF754.1105 (2) 89 -3- je/rn 3/6 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 LSBstate, 1843HVand (2)must 89not -3-be je/rneligible 3/8for H.F.benefits from another state.
754 state, and must not be eligible for benefits from another state.
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 HF754.1105 (2) 89 -4- je/rn 4/6 be imposed.
The LSBemployer 1843HVhas (2)the 89burden -4-of je/rnproving 4/8that H.F.the claimant is disqualified for benefits pursuant to section 96.5, except as provided by this subsection.
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.
If an administrative law judge affirms a decision of the representative, or the HF754.1105 (2) 89 -5- je/rn 5/6 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 LSBfinally 1843HVreversed, (2)no 89employer’s -5-account je/rnshall 5/8be H.F.charged with benefits so paid and this relief from charges shall apply to both contributory and reimbursable employers, notwithstanding section 96.8, subsection 5.
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.
This Act takes effect July 1,1 2022.of the first year after the enactment of this Act in which the contribution rate table in effect pursuant to section 96.7, subsection 2, paragraph “d”, is contribution rate table 3.
Except as otherwise provided in this section, this Act applies to any week of unemployment benefits beginning on or after Julythe 3,first 2022.Sunday after the effective date of this Act.
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 Julythe 3,first 2022.Sunday after the effective date of this Act.> ______________________________ HUNTER of Polk HF754.1105 (2) 89 -6- je/rn 6/6
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