HB 83 — AN ACT relating to unemployment insurance.

UNOFFICIAL COPY 22 RS BRHB 40783/GA AN ACT relating to unemployment insurance.

Leaving work to accompany the worker's spouse to a different state, Page 1 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA military base of assignment, or duty station that is one hundred (100) road miles or more, as measured on a one (1) way basis, from the worker's home when the spouse is reassigned by the military.

except that, if the work last preceding the week of unemployment was seasonal, intermittent, or temporary in nature, most recent work may be construed as that work last preceding the seasonal, intermittent, or Page 2 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA temporary work.

(b) To assist in the determination as to whether a worker has experienced domestic violence and abuse, dating violence and abuse, sexual assault, or stalking for the purpose of benefit eligibility, the worker shall provide documentation of domestic or dating violence and abuse, sexual assault, or stalking as prescribed in administrative regulations promulgated by the secretary, including but not limited to police or court records, a sworn Page 3 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA statement by the worker, or other documentation of domestic or dating violence and abuse, sexual assault, or stalking from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the worker has sought assistance.

(1) The Office of Unemployment Insurance, Department of Workforce Investment, shall maintain a reserve account for each subject employer making contributions to the fund and a reimbursing employer account for each subject employer making Page 4 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA payment in lieu of contributions, and shall, except as provided in KRS 341.590, credit to such account the total amount of all contributions or benefit reimbursement paid by the employer on his or her own behalf.

(3) Notwithstanding the provisions of subsection (2) of this section, benefits paid to an eligible worker and chargeable to a contributing employer's reserve account under such subsection shall be charged against the pooled account if such worker was discharged by such employer for misconduct connected with his or her most recent Page 5 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA work for such employer, voluntarily left his or her most recent work with such employer without good cause attributable to the employment, or the employer has continued to provide part-time employment and wages, without interruption, to the same extent that was provided from the date of hire, and the employer within a reasonable time, as prescribed by regulation of the secretary, notifies the office, in writing, of the alleged voluntary quitting, discharge for misconduct or continuing part-time employment;

(6) Each subject employer's reserve account or reimbursing account shall, unless terminated as of the computation date [(]as defined in subsection (5) of KRS 341.270[)], be charged with all benefits paid to eligible workers which are chargeable to such reserve account or reimbursing account under subsection (2) of Page 6 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA this section.

Notwithstanding any other provision of this chapter, contributions paid on or before the computation date and voluntary payments made within twenty (20) days following the mailing of notices of new rates shall be credited to an employer's reserve account as of the computation date, provided no voluntary payments shall be used in computing an employer's rate Page 7 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA unless the payment is made prior to the expiration of one hundred[ and] twenty (120) days after the beginning of the year for which the rate is effective.

The secretary shall not employ or pay any person who is Page 8 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA an officer or committee member of any political party organization.

Page 9 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA (1) No worker may be paid benefits for any week of unemployment:

Which, when based on service in an instructional, research, or principal administrative capacity in an institution of higher education as defined in KRS 341.067(2) or in an educational institution as defined in KRS 341.067(4), begins during the period between two (2) successive academic years, or during a similar period between two (2) regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the worker performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that the worker will perform such services in any such capacity for any institution or institutions of higher education or an educational institution in the second of such academic Page 10 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA years or such terms;

of this paragraph when such service is performed by the worker in an institution of higher education or an educational institution, as defined in KRS 341.067(2) or (4), while the worker is in the employ of an educational service agency, and such unemployment begins during the periods and Page 11 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA pursuant to the conditions specified in subparagraphs 1., 2., and 3.

(3) (a) Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was residing in the United States under color of law at the time such services were performed, including an alien who was Page 12 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act.

However, no employer making payments to the fund in lieu of contributions shall be relieved of Page 13 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA charges by reason of this subsection.

Page 14 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRHB 40783/GA SECTION 6.

Page 15 of 15 BR040700.100HB008310.100 - 407 - XXXX JacketedGA