House Amendment 8527
PAG LIN
1 1 Amend House File 2675 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <Section 1. Section 96.3, subsection 5, Code 2007,
1 5 is amended to read as follows:
1 6 5. a. DURATION OF BENEFITS. The maximum total
1 7 amount of benefits payable to an eligible individual
1 8 during a benefit year shall not exceed the total of
1 9 the wage credits accrued to the individual's account
1 10 during the individual's base period, or twenty=six
1 11 times the individual's weekly benefit amount,
1 12 whichever is the lesser. The director shall maintain
1 13 a separate account for each individual who earns wages
1 14 in insured work. The director shall compute wage
1 15 credits for each individual by crediting the
1 16 individual's account with one=third of the wages for
1 17 insured work paid to the individual during the
1 18 individual's base period. However, the director shall
1 19 recompute wage credits for an individual who is laid
1 20 off due to the individual's employer going out of
1 21 business at the factory, establishment, or other
1 22 premises at which the individual was last employed, by
1 23 crediting the individual's account with one=half,
1 24 instead of one=third, of the wages for insured work
1 25 paid to the individual during the individual's base
1 26 period. Benefits paid to an eligible individual shall
1 27 be charged against the base period wage credits in the
1 28 individual's account which have not been previously
1 29 charged, in the inverse chronological order as the
1 30 wages on which the wage credits are based were paid.
1 31 However if the state "off indicator" is in effect and
1 32 if the individual is laid off due to the individual's
1 33 employer going out of business at the factory,
1 34 establishment, or other premises at which the
1 35 individual was last employed, the maximum benefits
1 36 payable shall be extended to thirty=nine times the
1 37 individual's weekly benefit amount, but not to exceed
1 38 the total of the wage credits accrued to the
1 39 individual's account.
1 40 b. TRAINING EXTENSION BENEFITS. An individual who
1 41 is in training with the approval of the director at
1 42 the time regular benefits are exhausted may be
1 43 eligible for training extension benefits. The
1 44 training extension benefit amount shall be twenty=six
1 45 times the individual's weekly benefit amount, and the
1 46 weekly benefit amount shall be equal to the
1 47 individual's weekly benefit amount for the claim in
1 48 which benefits were exhausted while in training. An
1 49 individual who is receiving training extension
1 50 benefits shall not be denied benefits due to
2 1 application of section 96.4, subsection 3, or section
2 2 96.5, subsection 3. However, an employer's account
2 3 shall not be charged with benefits so paid. Relief of
2 4 charges under this paragraph applies to both
2 5 contributory and reimbursable employers,
2 6 notwithstanding section 96.8, subsection 5. In order
2 7 for the individual to be eligible for training
2 8 extension benefits all of the following criteria must
2 9 be met:
2 10 (1) Training extension benefits end upon
2 11 completion of the training even though a portion of
2 12 the training extension benefit amount may remain, but
2 13 the benefits shall not extend beyond the end of the
2 14 benefit year.
2 15 (2) The individual must be enrolled, participating
2 16 in the training, and making satisfactory progress to
2 17 complete the training.
2 18 (3) The individual is considered to be in training
2 19 during regularly scheduled vacation or recess periods
2 20 of three weeks or less but not during a summer
2 21 vacation period or school break which is longer than
2 22 three weeks. If the individual immediately returns to
2 23 training after the summer vacation or break period of
2 24 longer than three weeks, the individual may reopen the
2 25 training extension claim. Otherwise, the individual
2 26 must be continuously in training in order to be
2 27 eligible for training extension benefits.
2 28 Sec. 2. Section 96.5, subsection 1, Code
2 29 Supplement 2007, is amended by adding the following
2 30 new paragraph:
2 31 NEW PARAGRAPH. b. The individual left employment
2 32 due to domestic abuse, as defined in section 236.2, or
2 33 stalking, as described in section 708.11, perpetrated
2 34 against the individual, and the individual reasonably
2 35 believed such act was necessary to protect the safety
2 36 of the individual or the individual's family.
2 37 Benefits related to wage credits earned with the
2 38 employer that the individual has left shall be charged
2 39 to the unemployment compensation fund. This paragraph
2 40 applies to both contributory and reimbursable
2 41 employers, notwithstanding section 96.8, subsection 5.
2 42 All evidence of domestic abuse or stalking experienced
2 43 by an individual, including the individual's statement
2 44 and any corroborating evidence, shall not be disclosed
2 45 by the department, except to the parties in a
2 46 contested benefit case proceeding and to the
2 47 employment appeal board or courts in an appeal or
2 48 unless consent for disclosure is granted in writing by
2 49 the individual. Evidence of domestic abuse or
2 50 stalking may include but is not limited to any of the
3 1 following:
3 2 (1) A statement or report from a law enforcement
3 3 agency or professional, medical professional, mental
3 4 health professional, or domestic violence shelter or
3 5 professional.
3 6 (2) Witness statements regarding an incident that
3 7 causes the individual to believe the individual's life
3 8 or safety or the life or safety of a member of the
3 9 individual's family is in danger.
3 10 Sec. 3. Section 96.7, subsection 2, paragraph a,
3 11 subparagraph (2), Code 2007, is amended by adding the
3 12 following new unnumbered paragraph after unnumbered
3 13 paragraph 5:
3 14 NEW UNNUMBERED PARAGRAPH. The account of an
3 15 employer shall not be charged with benefits paid to an
3 16 individual who is laid off if the benefits are paid as
3 17 the result of the return to work of a permanent
3 18 employee who is one of the following:
3 19 (a) A member of the national guard or organized
3 20 reserves of the armed forces of the United States
3 21 ordered to temporary duty, as defined in section
3 22 29A.1, subsection 3, 11, or 12, for any purpose, who
3 23 has completed the duty as evidenced in accordance with
3 24 section 29A.43.
3 25 (b) A member of the civil air patrol performing
3 26 duty pursuant to section 29A.3A, who has completed the
3 27 duty as evidenced in accordance with section 29A.43.
3 28 Sec. 4. FUTURE APPROPRIATION OF FEDERAL FUNDS.
3 29 Any funds received by this state from the federal
3 30 government pursuant to section 903 of the federal
3 31 Social Security Act as a result of the enactment of
3 32 this Act shall be appropriated by the general assembly
3 33 to the department of workforce development to be used
3 34 for the payment of unemployment insurance benefits or
3 35 for the administration of the Iowa employment security
3 36 law, chapter 96, and public employment offices.
3 37 Sec. 5. EFFECTIVE AND APPLICABILITY DATES. The
3 38 sections of this Act amending sections 96.3 and 96.7
3 39 apply to any week of unemployment benefits beginning
3 40 on or after July 1, 2008. The section of this Act
3 41 enacting section 96.5, subsection 1, paragraph "b",
3 42 takes effect June 29, 2008, and applies to any week of
3 43 unemployment benefits beginning on or after that
3 44 date.>
3 45
3 46
3 47
3 48 COMMITTEE ON LABOR
3 49 R. OLSON of Polk, CHAIRPERSON
3 50 HF 2675.503 82
4 1 ak/rj/10679
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