Text: HF02249                           Text: HF02251
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2250

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 96.3, subsection 5, Code 2001, is
  1  2 amended to read as follows:
  1  3    5.  DURATION OF BENEFITS.
  1  4    a.  The maximum total amount of benefits payable to an
  1  5 eligible individual during a benefit year shall not exceed the
  1  6 total of the wage credits accrued to the individual's account
  1  7 during the individual's base period, or twenty-six the
  1  8 applicable multiplier times the individual's weekly benefit
  1  9 amount, whichever is the lesser.  The director shall maintain
  1 10 a separate account for each individual who earns wages in
  1 11 insured work.  The director shall compute wage credits for
  1 12 each individual by crediting the individual's account with
  1 13 one-third of the wages for insured work paid to the individual
  1 14 during the individual's base period.  However, the director
  1 15 shall recompute wage credits for an individual who is laid off
  1 16 due to the individual's employer going out of business at the
  1 17 factory, establishment, or other premises at which the
  1 18 individual was last employed, by crediting the individual's
  1 19 account with one-half, instead of one-third, of the wages for
  1 20 insured work paid to the individual during the individual's
  1 21 base period.  Benefits paid to an eligible individual shall be
  1 22 charged against the base period wage credits in the
  1 23 individual's account which have not been previously charged,
  1 24 in the inverse chronological order as the wages on which the
  1 25 wage credits are based were paid.  However if the state "off
  1 26 indicator" is in effect and if the individual is laid off due
  1 27 to the individual's employer going out of business at the
  1 28 factory, establishment, or other premises at which the
  1 29 individual was last employed, the maximum benefits payable
  1 30 shall be extended to thirty-nine times the individual's weekly
  1 31 benefit amount, but not to exceed the total of the wage
  1 32 credits accrued to the individual's account.
  1 33    b.  For purposes of this subsection, the applicable
  1 34 multiplier shall be twenty-six except under any of the
  1 35 following circumstances:
  2  1    (1)  If the state "off indicator" is in effect and if the
  2  2 eligible individual is in a worker training program that is
  2  3 approved by the department, the applicable multiplier shall be
  2  4 thirty-one.
  2  5    (2)  If the state "off indicator" is in effect and if the
  2  6 last reported monthly rate of insured unemployment in this
  2  7 state equals or exceeds four percent and the eligible
  2  8 individual was unemployed during a week of that month, the
  2  9 applicable multiplier shall be thirty-one.
  2 10    (3)  If the state "off indicator" is in effect and if the
  2 11 last reported monthly rate of insured unemployment in this
  2 12 state equals or exceeds four and one-half percent and the
  2 13 eligible individual was unemployed during a week of that
  2 14 month, the applicable multiplier shall be thirty-six.
  2 15    (4)  If the state "off indicator" is in effect and if the
  2 16 last reported monthly rate of insured unemployment in this
  2 17 state equals or exceeds five percent and the eligible
  2 18 individual was unemployed during a week of that month, the
  2 19 applicable multiplier shall be thirty-nine.
  2 20    (5)  If the state "off indicator" is in effect and if the
  2 21 individual is laid off due to the individual's employer going
  2 22 out of business at the factory, establishment, or other
  2 23 premises at which the individual was last employed, the
  2 24 applicable multiplier shall be thirty-nine.
  2 25    Sec. 2.  Section 96.3, subsection 7, Code 2001, is amended
  2 26 to read as follows:
  2 27    7.  RECOVERY OF OVERPAYMENT OF BENEFITS.
  2 28    a.  If an individual receives benefits for which the
  2 29 individual is subsequently determined to be ineligible, even
  2 30 though the individual acts in good faith and is not otherwise
  2 31 at fault, the benefits shall be recovered.  The department in
  2 32 its discretion may recover the overpayment of benefits either
  2 33 by having a sum equal to the overpayment deducted from any
  2 34 future benefits payable to the individual or by having the
  2 35 individual pay to the department a sum equal to the
  3  1 overpayment.
  3  2    b.  If the department determines that an overpayment has
  3  3 been made, the charge for the overpayment against the
  3  4 employer's account shall be removed and the account shall be
  3  5 credited with an amount equal to the overpayment from the
  3  6 unemployment compensation trust fund and this credit shall
  3  7 include both contributory and reimbursable employers,
  3  8 notwithstanding section 96.8, subsection 5.
  3  9    c.  However, benefits shall not be recovered from an
  3 10 individual under any of the following circumstances:
  3 11    (1)  The amount of the benefits overpaid does not exceed an
  3 12 amount determined by the department which represents the
  3 13 administrative costs of recovering the overpayment.
  3 14    (2)  The employer did not participate in the initial
  3 15 determination to award benefits pursuant to section 96.6,
  3 16 subsection 2.
  3 17    Sec. 3.  Section 96.4, subsection 4, unnumbered paragraph
  3 18 1, Code 2001, is amended to read as follows:
  3 19    The individual has been paid wages for insured work during
  3 20 the individual's base period in an amount at least one and
  3 21 one-quarter times the wages paid to the individual during that
  3 22 quarter of the individual's base period in which the
  3 23 individual's wages were highest; provided that the individual
  3 24 has been paid wages for insured work totaling at least three
  3 25 and five-tenths percent of the statewide average annual wage
  3 26 for insured work, computed for the preceding calendar year if
  3 27 the individual's benefit year begins on or after the first
  3 28 full week in July and computed for the second preceding
  3 29 calendar year if the individual's benefit year begins before
  3 30 the first full week in July, in that calendar quarter in the
  3 31 individual's base period in which the individual's wages were
  3 32 highest, and the individual has been paid wages for insured
  3 33 work totaling at least one-half of the amount of wages
  3 34 required under this subsection in the calendar quarter of the
  3 35 base period in which the individual's wages were highest, in a
  4  1 calendar quarter in the individual's base period other than
  4  2 the calendar quarter in which the individual's wages were
  4  3 highest.  The calendar quarter wage requirements shall be
  4  4 rounded to the nearest multiple of ten dollars.
  4  5    Sec. 4.  Section 96.5, subsection 1, Code Supplement 2001,
  4  6 is amended by adding the following new paragraph:
  4  7    NEW PARAGRAPH.  k.  The individual left employment due to
  4  8 domestic violence perpetrated against the individual,
  4  9 including domestic abuse as defined in section 236.2, which
  4 10 the individual reasonably believed was necessary to protect
  4 11 the safety of the individual.  All evidence of domestic
  4 12 violence experienced by an individual, including the
  4 13 individual's statement and any corroborating evidence, shall
  4 14 not be disclosed by the department, except to the parties in a
  4 15 benefits contested case proceeding, unless consent for
  4 16 disclosure is granted in writing by the individual.  Benefits
  4 17 related to wage credits earned with the employer that the
  4 18 individual has left shall be charged to the unemployment
  4 19 compensation fund.  This paragraph applies to both
  4 20 contributory and reimbursable employers, notwithstanding
  4 21 section 96.8, subsection 5.
  4 22    Sec. 5.  Section 96.6, subsection 2, Code 2001, is amended
  4 23 to read as follows:
  4 24    2.  INITIAL DETERMINATION.  A representative designated by
  4 25 the director shall promptly notify all interested parties to
  4 26 the claim of its filing, and the parties have ten days from
  4 27 the date of mailing the notice of the filing of the claim by
  4 28 ordinary mail to the last known address to protest payment of
  4 29 benefits to the claimant.  The representative shall promptly
  4 30 examine the claim and any protest, take the initiative to
  4 31 ascertain relevant information concerning the claim, and, on
  4 32 the basis of the facts found by the representative, shall
  4 33 determine whether or not the claim is valid, the week with
  4 34 respect to which benefits shall commence, the weekly benefit
  4 35 amount payable and its maximum duration, and whether any
  5  1 disqualification shall be imposed.  The claimant has the
  5  2 burden of proving that the claimant meets the basic
  5  3 eligibility conditions of section 96.4.  The employer has the
  5  4 burden of proving that the claimant is disqualified for
  5  5 benefits pursuant to section 96.5, except as provided by this
  5  6 subsection.  The claimant has the initial burden to produce
  5  7 evidence showing that the claimant is not disqualified for
  5  8 benefits in cases involving section 96.5, subsection 10, and
  5  9 has the burden of proving that a voluntary quit pursuant to
  5 10 section 96.5, subsection 1, was for good cause attributable to
  5 11 the employer and that the claimant is not disqualified for
  5 12 benefits in cases involving section 96.5, subsection 1,
  5 13 paragraphs "a" through "h" and "k".  Unless the claimant or
  5 14 other interested party, after notification or within ten
  5 15 calendar days after notification was mailed to the claimant's
  5 16 last known address, files an appeal from the decision, the
  5 17 decision is final and benefits shall be paid or denied in
  5 18 accordance with the decision.  If an administrative law judge
  5 19 affirms a decision of the representative, or the appeal board
  5 20 affirms a decision of the administrative law judge allowing
  5 21 benefits, the benefits shall be paid regardless of any appeal
  5 22 which is thereafter taken, but if the decision is finally
  5 23 reversed, no employer's account shall be charged with benefits
  5 24 so paid and this relief from charges shall apply to both
  5 25 contributory and reimbursable employers, notwithstanding
  5 26 section 96.8, subsection 5.
  5 27    Sec. 6.  Section 514I.5, subsection 7, paragraph d, Code
  5 28 2001, is amended to read as follows:
  5 29    d.  Develop, with the assistance of the department, an
  5 30 outreach plan, and provide for periodic assessment of the
  5 31 effectiveness of the outreach plan.  The plan shall provide
  5 32 outreach to families of children likely to be eligible for
  5 33 assistance under the program, to inform them of the
  5 34 availability of and to assist the families in enrolling
  5 35 children in the program.  The outreach efforts may include,
  6  1 but are not limited to, a comprehensive statewide media
  6  2 campaign, solicitation of cooperation from programs, agencies,
  6  3 and other persons who are likely to have contact with eligible
  6  4 children, including but not limited to those associated with
  6  5 the educational system, and the development of community plans
  6  6 for outreach and marketing.  As part of the outreach plan, the
  6  7 board shall provide for the ability of families eligible for
  6  8 assistance under the program to enroll in the plan at each
  6  9 workforce development center established pursuant to section
  6 10 84B.1.
  6 11    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  6 12 immediate importance, takes effect upon enactment.
  6 13    Sec. 8.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  6 14 3, shall not apply to this Act.  
  6 15                           EXPLANATION
  6 16    This bill makes several changes relating to the receipt of
  6 17 unemployment compensation benefits and concerning services
  6 18 that shall be located at workforce development centers.
  6 19    Code section 96.3, subsection 5, is amended to provide that
  6 20 an eligible individual can receive more than 26 weeks of
  6 21 unemployment benefits during a calendar year under certain
  6 22 circumstances when extended benefits are not required to be
  6 23 paid.  The bill provides that an individual can receive a
  6 24 maximum of 31 weeks of benefits if the individual is in a
  6 25 department-approved training program.  In addition, an
  6 26 individual can receive a maximum of 31 weeks of benefits if an
  6 27 eligible individual was unemployed in a week during a month in
  6 28 which the state's unemployment rate equaled or exceeded 4
  6 29 percent.  The bill also provides that an individual can
  6 30 receive a maximum of 36 weeks of benefits if an eligible
  6 31 individual was unemployed in a week during a month in which
  6 32 the state's unemployment rate equaled or exceeded 4.5 percent.
  6 33 Finally, the bill provides that an individual can receive a
  6 34 maximum of 39 weeks of benefits if an eligible individual was
  6 35 unemployed in a week during a month in which the state's
  7  1 unemployment rate equaled or exceeded 5 percent.
  7  2    Code section 96.3, subsection 7, is amended to provide that
  7  3 the department shall not recover an overpayment of benefits
  7  4 from an individual if the amount does not exceed the
  7  5 administrative costs of collecting the overpayment or if the
  7  6 employer did not participate in the initial determination that
  7  7 awarded the individual unemployment benefits.
  7  8    Code section 96.4, subsection 4, is amended to eliminate
  7  9 the requirement that an individual shall not be eligible to
  7 10 receive unemployment benefits if the individual's wages during
  7 11 the individual's base period are not at least 125 percent of
  7 12 the wages paid to the individual during the quarter year
  7 13 period in the base period in which the individual's wages are
  7 14 the highest.
  7 15    Code section 96.5, subsection 1, is amended to provide that
  7 16 a person who quits employment due to domestic violence can
  7 17 receive unemployment compensation benefits.  The bill provides
  7 18 that domestic violence includes domestic abuse as defined in
  7 19 Code section 236.2.  The bill requires that the person
  7 20 establish that the person reasonably believed quitting was
  7 21 necessary to protect the person's safety.  The bill provides
  7 22 that the unemployment compensation fund, and not the employer,
  7 23 will be charged for unemployment benefits paid due to domestic
  7 24 violence.  The bill also provides that the department of
  7 25 workforce development not release evidence presented by the
  7 26 individual to support benefits under this provision, except to
  7 27 the parties in a contested case proceeding, unless the
  7 28 individual consents in writing.
  7 29    Code section 514I.5 is amended to provide that the hawk-i
  7 30 board, in developing an outreach plan for the program, shall
  7 31 provide for the ability of families to sign up for the program
  7 32 in workforce development centers.
  7 33    The bill takes effect upon enactment.
  7 34    The bill may include a state mandate as defined in Code
  7 35 section 25B.3.  The bill makes inapplicable Code section
  8  1 25B.2, subsection 3, which would relieve a political
  8  2 subdivision from complying with a state mandate if funding for
  8  3 the cost of the state mandate is not provided or specified.
  8  4 Therefore, political subdivisions are required to comply with
  8  5 any state mandate included in the bill.  
  8  6 LSB 5701HH 79
  8  7 ec/cf/24.1
     

Text: HF02249                           Text: HF02251
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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