Text: HF02249 Text: HF02251 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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, ortwenty-sixthe 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 "off1 26indicator" is in effect and if the individual is laid off due1 27to the individual's employer going out of business at the1 28factory, establishment, or other premises at which the1 29individual was last employed, the maximum benefits payable1 30shall be extended to thirty-nine times the individual's weekly1 31benefit amount, but not to exceed the total of the wage1 32credits 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 Theindividual has been paid wages for insured work during3 20the individual's base period in an amount at least one and3 21one-quarter times the wages paid to the individual during that3 22quarter of the individual's base period in which the3 23individual's wages were highest; provided that theindividual 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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