HB 6582 — AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR ADJUNCT FACULTY.

House of Representatives General Assembly FileSubstitute Bill No.

3086582 January Session, 2021 SubstituteAN HouseACT BillCONCERNING No.UNEMPLOYMENT BENEFITS FOR ADJUNCT FACULTY.

6582 House of Representatives, April 7, 2021 The Committee on Higher Education and Employment Advancement reported through REP.

ELLIOTT of the 88th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR ADJUNCT FACULTY.

except that [(1)] (A) with respect to weeks of unemployment beginning after December 31, 1977, benefits shall not be paid based on service performed in an instructional, research or principal administrative capacity for an educational institution for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave sHB6582provided /for Filein the individual's contract, to any individual if such individualperformssuchservicesinthefirst ofsuchacademicyears [(or terms)] or terms and if there is a contract or a reasonable assurance that LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06582-R021 of 4 HB.docx Substitute Bill No.

3086582 1such sHB6582individual Filewill No.perform services in any such capacity for any educational institution in the second of such academic years or terms pursuant to the provisions of subdivisions (2) and (3) of this subsection;

308 provided for in the individual's contract, to any individual if such individualperformssuch servicesinthefirst ofsuchacademicyears [(or terms)] or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms pursuant to the provisions of subdivisions (2) and (3) of this subsection;

[(4)] (D) with respect to weeks of unemployment beginning after March 31, 1984, for services described in [subdivisions (1) and (2)] subparagraphs (A) and (B) of this subdivision, benefits shall not be payable on the basis of such services under the circumstances prescribed in [subdivisions (1), (2) and (3)] subparagraphs(A)to(C),inclusive,ofthissubdivisiontoanyindividualsubparagraphs(A)to(C),inclusive,ofthissubdivision sHB6582toanyindividual /who Fileperformed No.such services in an educational institution while in the employ of an educational service agency.

308For 2purposes sHB6582of Filethis subdivision the term "educational service agency" means a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-065822 of 4 R02-HB.docx } Substitute Bill No.

3086582 whogovernmental performedagency suchor servicesgovernmental inentity anwhich educationalis institutionestablished whileand inoperated exclusively for the employpurpose of anproviding educationalsuch serviceservices agency.to one or more educational institutions.

For purposes of this subdivision the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

Reasonable assurance shall be established if (A) the institution of higher education has made an offer of employment to such individual for the second academic year or term or for the period following a customary vacation period or holiday recess, whether such offer is written, oral or implied, (B) such offer was made by an employee of the institution of higher education with authority to make such offer, (C) such offer is for services in the same capacity as the services the individual provided in the first academic year or term or in the period before a customary vacation period or holiday recess, (D) the wages or salary in such offer are in an amount not less than ninety per cent of the amount paid to such individual during the first academic year or term or during the period before a customary vacation period or holiday recess, (E) such offer is not contingent on factors within the control of the institution of higher education, including, but not limited to, course programming, allocation of available funding, program modifications or facility availability, and (F) it is highly probable that such individual will provide services in the same capacity during the second academic yearortermorduringtheperiodfollowingacustomaryvacationperiod sHB6582or /holiday Filerecess based on the totality of circumstances of the case, including, but not limited to, availability of funding, past enrollment LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-065823 of 4 R02-HB.docx } Substitute Bill No.

3086582 3levels, sHB6582the Fileindividual's No.level of seniority and the nature of the contingencies on the offer.

308 or holiday recess based on the totality of circumstances of the case, including, but not limited to, availability of funding, past enrollment levels, the individual's level of seniority and the nature of the contingencies on the offer.

sHB6582LAB /Joint FileFavorable No.LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06582- 4 of 4 R02-HB.docx }

308 4 sHB6582 File No.

308 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Board of Regents for Higher Various - Cost 39,529 40,714 Education Board of Regents for Higher Various - Potential Potential Education Potential Cost Significant Significant UConn Various - Potential Potential Potential Cost Significant Significant Note:

Various=Various Municipal Impact:

None Explanation The bill establishes a new process regarding potential eligibility for unemployment among college and university adjunct instructors.

The bill results in a potential significant annual cost to the constituent units, beginning in FY 22, associated with the possibility of increased unemployment claims.

The significant cost is potential because the Connecticut Department of Labor ultimately determines whether to grant unemployment benefits.

The bill also results in costs to the Board of Regents of $39,529 in FY 22 and $40,714 in FY 23, associated with the addition of personnel needed to comply with the bill.

The potential significant cost related to unemployment benefits is borne by the constituent units because as reimbursable employers, the units do not pay unemployment insurance taxes.

Rather, they reimburse the state Unemployment Insurance Trust Fund dollar-for- dollar on all benefits paid for former employees.

sHB6582 / File No.

308 5 sHB6582 File No.

308 The potential significant cost to the Board of Regents institutions is based on adjunct employment information for each fall and spring semestersincefall2019.

Everysemester,between885and1,037adjuncts did not return from the prior semester and therefore could potentially be determined as eligible for unemployment benefits under the bill, as they may have lacked "reasonable assurance" of returning to a similar position.

However, the bill's criteria for "reasonable assurance" includes that the person's position is not contingent oncourse programming, and it is possible that at least some adjunct contracts are contingent;

if so, then the reach of the bill expands.

Similarly, the bill requires the "reasonable assurance" information on each adjunct to be submitted ten days before the end of every term, and if adjuncts typically do not have next-term offers at that point, then it is possible more adjuncts would be potentially eligible.

The cost to the Board of Regents is associated with the hiring of a 0.5 FTE Data Analyst I at anticipated costs of $39,529 in FY 22 and $40,714 in FY 23.

The FY 22 costs consist of $20,212 in wages and $19,317 in benefits, with FY 23 costs of $20,818 in wages and $19,896 in fringe benefits.1 The data analyst will be responsible for gathering and submitting the required information on each adjunct employed by a Board of Regents institution, ten days before every term, as the bill mandates.

The BoardofRegentsinstitutionsannually employsbetween 3,400 and 4,500 adjuncts annually.

Because the University of Connecticut has fewer adjuncts, between 630 and 700 per term, it is anticipated the university will handle the bill's responsibilities using existing resources.