House File 754 H-1131 Amend House File 754 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 96.1A, Code 2021, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 01. “Able to work” means the individual is 6 physically and mentally able to perform work. 7 NEW SUBSECTION . 1A. “Available for work” means the 8 individual is ready and willing to accept suitable work. 9 NEW SUBSECTION . 32A. “Severance pay” means any payment 10 in connection with separation from employment that is not 11 conditioned on the individual giving up any legal right or the 12 release of any rights. 13 Sec. 2. Section 96.1A, subsection 18, unnumbered paragraph 14 1, Code 2021, is amended to read as follows: 15 “Exhaustee” means an individual who, with respect to any 16 week of unemployment in the individual’s eligibility period 17 has received, prior to such week, all of the regular benefits 18 that were available to the individual under this chapter or any 19 other state law, including dependents’ allowances and benefits 20 payable to federal civilian employees and former armed forces 21 personnel under 5 U.S.C. ch. 85, in the individual’s current 22 benefit year that includes such weeks. Provided that for the 23 purposes of this subsection an individual shall be deemed to 24 have received all of the regular benefits that were available 25 to the individual, although as a result of a pending appeal 26 with respect to wages that were not considered in the original 27 monetary determination in the individual’s benefit year the 28 individual may subsequently be determined to be entitled to add 29 regular benefits, or: 30 Sec. 3. Section 96.3, subsection 4, Code 2021, is amended 31 to read as follows: 32 4. Determination of benefits. 33 a. With respect to benefit years beginning on or after July 34 1, 1983, an An eligible individual’s weekly benefit amount for 35 -1- HF754.1105 (2) 89 je/rn 1/ 6 #1.

a week of total unemployment shall be an amount equal to the 1 following fractions of the individual’s total wages in insured 2 work paid during that quarter of the individual’s base period 3 in which such total wages were highest. The director shall 4 determine annually a maximum weekly benefit amount equal to 5 the following percentages, to vary with the number of based on 6 whether the individual has dependents, of the statewide average 7 weekly wage paid to employees in insured work which shall be 8 effective the first day of the first full week in July: July. 9 If the The weekly Subject to 10 number of benefit amount the following 11 dependents shall equal maximum 12 is: the following percentage of 13 fraction of high the statewide 14 quarter wages: average 15 weekly wage: 16 0 1/23 53% 17 1 or more 1/22 55% 57% 18 2 1/21 57% 19 3 1/20 60% 20 4 or more 1/19 65% 21 b. The maximum weekly benefit amount, if not a multiple 22 of one dollar, shall be rounded to the lower multiple of one 23 dollar. However, until such time as sixty-five percent of 24 the statewide average weekly wage exceeds one hundred ninety 25 dollars, the The maximum weekly benefit amounts shall be 26 determined using the statewide average weekly wage computed on 27 the basis of wages reported for the current calendar year 1981 . 28 As used in this section , “dependent” means dependent as defined 29 in section 422.12, subsection 1 , paragraph “a” , as if the 30 individual claimant was a taxpayer, except that an individual 31 claimant’s nonworking spouse shall be deemed to be a dependent 32 under this section . “Nonworking spouse” means a spouse who does 33 not earn more than one hundred twenty dollars in gross wages 34 in one week. 35 -2- HF754.1105 (2) 89 je/rn 2/ 6

Sec. 4. Section 96.3, subsection 5, paragraph a, Code 2021, 1 is amended to read as follows: 2 a. Duration of benefits. The maximum total amount of 3 benefits payable to an eligible individual during a benefit 4 year shall not exceed the total of the wage credits accrued 5 to the individual’s account during the individual’s base 6 period, or twenty-six times the individual’s weekly benefit 7 amount, whichever is the lesser. The director shall maintain 8 a separate account for each individual who earns wages in 9 insured work. The director shall compute wage credits for 10 each individual by crediting the individual’s account with 11 one-third of the wages for insured work paid to the individual 12 during the individual’s base period. However, the director 13 shall recompute wage credits for an individual who is laid 14 off due to the individual’s employer going out of business at 15 the factory, establishment, or other premises at which the 16 individual was last employed, by crediting the individual’s 17 account with one-half, instead of one-third, of the wages for 18 insured work paid to the individual during the individual’s 19 base period. Benefits paid to an eligible individual shall 20 be charged against the base period wage credits in the 21 individual’s account which have not been previously charged, 22 in the inverse chronological order as the wages on which the 23 wage credits are based were paid. However if the state “off” 24 indicator is in effect and if the individual is laid off due to 25 the individual’s employer going out of business at the factory, 26 establishment, or other premises at which the individual was 27 last employed, the maximum benefits payable shall be extended 28 to thirty-nine times the individual’s weekly benefit amount, 29 but not to exceed the total of the wage credits accrued to the 30 individual’s account. 31 Sec. 5. Section 96.4, Code 2021, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 8. The individual has satisfied a single 34 one-week waiting period during the individual’s benefit year. 35 -3- HF754.1105 (2) 89 je/rn 3/ 6

To satisfy the one-week waiting period, the individual, with 1 respect to the week in question, must be eligible for benefits 2 from this state, but must not have received benefits from this 3 state, and must not be eligible for benefits from another 4 state. 5 Sec. 6. Section 96.5, subsection 3, paragraph a, 6 subparagraph (1), subparagraph divisions (a), (b), and (c), 7 Code 2021, are amended to read as follows: 8 (a) One hundred Eighty percent, if the work is offered 9 during the first five four weeks of unemployment. 10 (b) Seventy-five Seventy percent, if the work is offered 11 during the sixth fifth through the twelfth eighth week of 12 unemployment. 13 (c) Seventy Sixty percent, if the work is offered during 14 the thirteenth through the eighteenth after the ninth week of 15 unemployment. 16 Sec. 7. Section 96.5, subsection 3, paragraph a, 17 subparagraph (1), subparagraph division (d), Code 2021, is 18 amended by striking the subparagraph division. 19 Sec. 8. Section 96.6, subsection 2, Code 2021, is amended 20 to read as follows: 21 2. Initial determination. 22 a. A representative designated by the director shall 23 promptly notify all interested parties to the claim of its 24 filing, and the parties have ten days from the date of issuing 25 the notice of the filing of the claim to protest payment 26 of benefits to the claimant. All interested parties shall 27 select a format as specified by the department to receive such 28 notifications. The representative shall promptly examine 29 the claim and any protest, take the initiative to ascertain 30 relevant information concerning the claim, and, on the basis of 31 the facts found by the representative, shall determine whether 32 or not the claim is valid, the week with respect to which 33 benefits shall commence, the weekly benefit amount payable and 34 its maximum duration, and whether any disqualification shall 35 -4- HF754.1105 (2) 89 je/rn 4/ 6

be imposed. 1 b. The claimant has the burden of proving that the claimant 2 meets the basic eligibility conditions of section 96.4 . The 3 employer has the burden of proving that the claimant is 4 disqualified for benefits pursuant to section 96.5 , except as 5 provided by this subsection . The claimant has the initial 6 burden to produce evidence showing that the claimant is not 7 disqualified for benefits in cases involving section 96.5, 8 subsections 10 and 11 , and has the burden of proving that a 9 voluntary quit pursuant to section 96.5, subsection 1 , was 10 for good cause attributable to the employer and that the 11 claimant is not disqualified for benefits in cases involving 12 section 96.5, subsection 1 , paragraphs “a” through “h” . Unless 13 the claimant or other interested party, after notification 14 or within ten calendar days after notification was issued, 15 files an appeal from the decision, the decision is final 16 and benefits shall be paid or denied in accordance with the 17 decision. If an administrative law judge affirms a decision of 18 the representative, or the appeal board affirms a decision of 19 the administrative law judge allowing benefits, the benefits 20 shall be paid regardless of any appeal which is thereafter 21 taken, but if the decision is finally reversed, no employer’s 22 account shall be charged with benefits so paid and this relief 23 from charges shall apply to both contributory and reimbursable 24 employers, notwithstanding section 96.8, subsection 5 . 25 Sec. 9. Section 96.6, subsection 4, Code 2021, is amended 26 by striking the subsection and inserting in lieu thereof the 27 following: 28 4. Effect of decision —— payment of benefits. Unless the 29 claimant or other interested party, after notification or 30 within ten calendar days after notification was issued, files 31 an appeal from the decision of the representative of the 32 department, the decision is final and benefits shall be paid or 33 denied in accordance with the decision. If an administrative 34 law judge affirms a decision of the representative, or the 35 -5- HF754.1105 (2) 89 je/rn 5/ 6

appeal board affirms a decision of the administrative law judge 1 allowing benefits, the benefits shall be paid regardless of 2 any appeal which is thereafter taken, but if the decision is 3 finally reversed, no employer’s account shall be charged with 4 benefits so paid and this relief from charges shall apply to 5 both contributory and reimbursable employers, notwithstanding 6 section 96.8, subsection 5. 7 Sec. 10. EFFECTIVE DATE. This Act takes effect July 1 of 8 the first year after the enactment of this Act in which the 9 contribution rate table in effect pursuant to section 96.7, 10 subsection 2, paragraph “d”, is contribution rate table 3. 11 Sec. 11. APPLICABILITY. 12 1. Except as otherwise provided in this section, this Act 13 applies to any week of unemployment benefits beginning on or 14 after the first Sunday after the effective date of this Act. 15 2. The sections of this Act enacting section 96.4, 16 subsection 8, and amending section 96.6, subsection 4, apply to 17 any new claim of unemployment benefits beginning on or after 18 the first Sunday after the effective date of this Act. > 19 ______________________________ HUNTER of Polk -6- HF754.1105 (2) 89 je/rn 6/ 6