Text: SF00417 Text: SF00419 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 418 1 2 1 3 AN ACT 1 4 RELATING TO UNEMPLOYMENT COMPENSATION BY PROVIDING THAT 1 5 SOCIAL SECURITY PENSION PAYMENTS ARE NONDEDUCTIBLE FROM 1 6 UNEMPLOYMENT BENEFITS AND PROVIDING FOR COVERAGE FOR 1 7 EMPLOYMENT BY AN INDIAN TRIBE AND PROVIDING AN EFFECTIVE 1 8 DATE. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 96.5, subsection 5, unnumbered 1 13 paragraph 2, Code 2001, is amended to read as follows: 1 14 Provided, that if the remuneration is less than the 1 15 benefits which would otherwise be due under this chapter, the 1 16 individual is entitled to receive for the week, if otherwise 1 17 eligible, benefits reduced by the amount of the remuneration. 1 18 Provided further, if benefits were paid for any week under 1 19 this chapter for a period when benefits, remuneration or 1 20 compensation underparagraphsparagraph "a", "b", or "c", were 1 21 paid on a retroactive basis for the same period, or any part 1 22 thereof, the department shall recover the excess amount of 1 23 benefits paid by the department for the period, and no 1 24 employer's account shall be charged with benefits so paid. 1 25 However, compensation for service-connected disabilities or 1 26 compensation for accrued leave based on military service, by 1 27 the beneficiary, with the armed forces of the United States, 1 28 irrespective of the amount of the benefit, does not disqualify 1 29 any individual, otherwise qualified, from any of the benefits 1 30 contemplated herein. A deduction shall not be made from the 1 31 amount of benefits payable for a week for individuals 1 32 receiving federal social security pensions to take into 1 33 account the individuals' contributions to the pension program. 1 34 Sec. 2. Section 96.7, Code 2001, is amended by adding the 1 35 following new subsection: 2 1 NEW SUBSECTION. 9. INDIAN TRIBES. 2 2 a. For purposes of this chapter, employment by an Indian 2 3 tribe shall be covered in the same manner and terms as 2 4 provided for governmental entities and the same exclusions 2 5 that are applicable for governmental entities shall also 2 6 apply. 2 7 b. In financing benefits paid to employees of an Indian 2 8 tribe under this chapter, a contribution rate shall be 2 9 determined and contributions shall be assessed and collected 2 10 from an Indian tribe in the same manner provided in this 2 11 chapter for contributory employers, except that an Indian 2 12 tribe shall have the option of electing to become a 2 13 governmental reimbursable employer. An Indian tribe shall 2 14 have the option to make a separate election as provided in 2 15 this paragraph for itself and for each subdivision, 2 16 subsidiary, or business enterprise wholly owned by the Indian 2 17 tribe. The reimbursable status of an Indian tribe shall be in 2 18 the same manner, to the same extent, and on the same terms as 2 19 are applicable to all governmental reimbursable employers 2 20 under this chapter. 2 21 c. If the department determines that an Indian tribe has 2 22 failed to make any payment required pursuant to this chapter 2 23 after providing the Indian tribe with ninety days notice of 2 24 this failure, the department may issue a determination that 2 25 ceases coverage of all employment by that Indian tribe until 2 26 such time as all payments are received by the department. 2 27 Sec. 3. Section 96.19, subsection 16, Code 2001, is 2 28 amended by adding the following new paragraph: 2 29 NEW PARAGRAPH. n. An Indian tribe, subject to the 2 30 requirements of section 96.7, subsection 9. 2 31 Sec. 4. Section 96.19, subsection 18, Code 2001, is 2 32 amended by adding the following new paragraph: 2 33 NEW PARAGRAPH. h. Except as otherwise provided in this 2 34 subsection, "employment" shall include service performed in 2 35 the employ of an Indian tribe, subject to the requirements of 3 1 section 96.7, subsection 9. 3 2 Sec. 5. Section 96.19, Code 2001, is amended by adding the 3 3 following new subsection: 3 4 NEW SUBSECTION. 25A. "Indian tribe" shall have the 3 5 meaning given to the term pursuant to section 4(e) of the 3 6 federal Indian Self-Determination and Education Assistance 3 7 Act, and shall include any subdivision, subsidiary, or 3 8 business enterprise wholly owned by such an Indian tribe. 3 9 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 3 10 immediate importance, takes effect upon enactment. 3 11 3 12 3 13 3 14 MARY E. KRAMER 3 15 President of the Senate 3 16 3 17 3 18 3 19 BRENT SIEGRIST 3 20 Speaker of the House 3 21 3 22 I hereby certify that this bill originated in the Senate and 3 23 is known as Senate File 418, Seventy-ninth General Assembly. 3 24 3 25 3 26 3 27 MICHAEL E. MARSHALL 3 28 Secretary of the Senate 3 29 Approved , 2001 3 30 3 31 3 32 3 33 THOMAS J. VILSACK 3 34 Governor
Text: SF00417 Text: SF00419 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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