Senate File 2377 - Reprinted
SENATE FILE
BY COMMITTEE ON LABOR AND
BUSINESS RELATIONS
(SUCCESSOR TO SSB 3044)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to unemployment insurance benefits and compliance
2 with federal law and including effective date and
3 applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5473SV 82
6 ak/rj/14
PAG LIN
1 1 Section 1. Section 96.3, subsection 5, Code 2007, is
1 2 amended to read as follows:
1 3 5. a. DURATION OF BENEFITS. The maximum total amount of
1 4 benefits payable to an eligible individual during a benefit
1 5 year shall not exceed the total of the wage credits accrued to
1 6 the individual's account during the individual's base period,
1 7 or twenty=six times the individual's weekly benefit amount,
1 8 whichever is the lesser. The director shall maintain a
1 9 separate account for each individual who earns wages in
1 10 insured work. The director shall compute wage credits for
1 11 each individual by crediting the individual's account with
1 12 one=third of the wages for insured work paid to the individual
1 13 during the individual's base period. However, the director
1 14 shall recompute wage credits for an individual who is laid off
1 15 due to the individual's employer going out of business at the
1 16 factory, establishment, or other premises at which the
1 17 individual was last employed, by crediting the individual's
1 18 account with one=half, instead of one=third, of the wages for
1 19 insured work paid to the individual during the individual's
1 20 base period. Benefits paid to an eligible individual shall be
1 21 charged against the base period wage credits in the
1 22 individual's account which have not been previously charged,
1 23 in the inverse chronological order as the wages on which the
1 24 wage credits are based were paid. However if the state "off
1 25 indicator" is in effect and if the individual is laid off due
1 26 to the individual's employer going out of business at the
1 27 factory, establishment, or other premises at which the
1 28 individual was last employed, the maximum benefits payable
1 29 shall be extended to thirty=nine times the individual's weekly
1 30 benefit amount, but not to exceed the total of the wage
1 31 credits accrued to the individual's account.
1 32 b. TRAINING EXTENSION BENEFITS. An individual who is in
1 33 training with the approval of the director at the time regular
1 34 benefits are exhausted may be eligible for training extension
1 35 benefits. The training extension benefit amount shall be
2 1 twenty=six times the individual's weekly benefit amount, and
2 2 the weekly benefit amount shall be equal to the individual's
2 3 weekly benefit amount for the claim in which benefits were
2 4 exhausted while in training. An individual who is receiving
2 5 training extension benefits shall not be denied benefits due
2 6 to application of section 96.4, subsection 3, or section 96.5,
2 7 subsection 3. However, an employer's account shall not be
2 8 charged with benefits so paid. Relief of charges under this
2 9 paragraph applies to both contributory and reimbursable
2 10 employers, notwithstanding section 96.8, subsection 5. In
2 11 order for the individual to be eligible for training extension
2 12 benefits all of the following criteria must be met:
2 13 (1) Training extension benefits end upon completion of the
2 14 training even though a portion of the training extension
2 15 benefit amount may remain, but the benefits shall not extend
2 16 beyond the end of the benefit year.
2 17 (2) The individual must be enrolled, participating in the
2 18 training, and making satisfactory progress to complete the
2 19 training.
2 20 (3) The individual is considered to be in training during
2 21 regularly scheduled vacation or recess periods of three weeks
2 22 or less but not during a summer vacation period or school
2 23 break which is longer than three weeks. If the individual
2 24 immediately returns to training after the summer vacation or
2 25 break period of longer than three weeks, the individual may
2 26 reopen the training extension claim. Otherwise, the
2 27 individual must be continuously in training in order to be
2 28 eligible for training extension benefits.
2 29 Sec. 2. Section 96.4, subsection 4, Code 2007, is amended
2 30 to read as follows:
2 31 4. a. The individual has been paid wages for insured work
2 32 during the individual's base period in an amount at least one
2 33 and one=quarter times the wages paid to the individual during
2 34 that quarter of the individual's base period in which the
2 35 individual's wages were highest; provided that the individual
3 1 has been paid wages for insured work totaling at least three
3 2 and five=tenths percent of the statewide average annual wage
3 3 for insured work, computed for the preceding calendar year if
3 4 the individual's benefit year begins on or after the first
3 5 full week in July and computed for the second preceding
3 6 calendar year if the individual's benefit year begins before
3 7 the first full week in July, in that calendar quarter in the
3 8 individual's base period in which the individual's wages were
3 9 highest, and the individual has been paid wages for insured
3 10 work totaling at least one=half of the amount of wages
3 11 required under this subsection paragraph in the calendar
3 12 quarter of the base period in which the individual's wages
3 13 were highest, in a calendar quarter in the individual's base
3 14 period other than the calendar quarter in which the
3 15 individual's wages were highest. The calendar quarter wage
3 16 requirements shall be rounded to the nearest multiple of ten
3 17 dollars.
3 18 b. For an individual who does not have sufficient wages in
3 19 the base period, as defined in section 96.19, to otherwise
3 20 qualify for benefits pursuant to this subsection, the
3 21 individual's base period shall be the last four completed
3 22 calendar quarters immediately preceding the first day of the
3 23 individual's benefit year if such period qualifies the
3 24 individual for benefits under this subsection.
3 25 (1) Wages that fall within the alternative base period
3 26 established under this paragraph "b" are not available for
3 27 qualifying benefits in any subsequent benefit year.
3 28 (2) Employers shall be charged in the manner provided in
3 29 this chapter for benefits paid based upon quarters used in the
3 30 alternative base period.
3 31 (3) The alternative base period in this paragraph "b"
3 32 shall apply to any new claim filed one hundred twenty days or
3 33 more after enactment of federal law providing for distribution
3 34 of funding relating to section 903 of the federal Social
3 35 Security Act and contingent in whole or in part upon state law
4 1 containing an alternative base period provision.
4 2 c. If the individual has drawn benefits in any benefit
4 3 year, the individual must during or subsequent to that year,
4 4 work in and be paid wages for insured work totaling at least
4 5 two hundred fifty dollars, as a condition to receive benefits
4 6 in the next benefit year.
4 7 Sec. 3. Section 96.5, subsection 1, Code Supplement 2007,
4 8 is amended by adding the following new paragraph:
4 9 NEW PARAGRAPH. b. (1) The individual left employment to
4 10 accompany a spouse due to a change in location of the spouse's
4 11 employment to a place from which it is impractical for the
4 12 individual to commute. Benefits based upon wage credits
4 13 earned with the employer that the individual has left shall be
4 14 charged to the unemployment compensation fund for both
4 15 contributory and reimbursable employers, notwithstanding
4 16 section 96.8, subsection 5.
4 17 (2) This paragraph "b" shall apply to any new claim filed
4 18 one hundred twenty days or more after the enactment of federal
4 19 law providing for distribution of funding relating to section
4 20 903 of the federal Social Security Act.
4 21 Sec. 4. Section 96.5, subsection 1, paragraph c, Code
4 22 Supplement 2007, is amended to read as follows:
4 23 c. The individual left employment for the necessary and
4 24 sole purpose of taking care of a member of the individual's
4 25 immediate family who was then injured or ill, and if after
4 26 said member of the family sufficiently recovered, the
4 27 individual immediately returned to and offered the
4 28 individual's services to the individual's employer, provided,
4 29 however, that during such period the individual did not accept
4 30 any other employment. The individual left employment as a
4 31 result of the illness, injury, or disability of a member of
4 32 the individual's immediate family. The individual must
4 33 demonstrate a compelling need to leave employment and provide
4 34 medical evidence establishing the debilitating condition of
4 35 the immediate family member. Benefits based upon wage credits
5 1 earned with the employer that the individual has left shall be
5 2 charged to the unemployment compensation fund for both
5 3 contributory and reimbursable employers, notwithstanding
5 4 section 96.8, subsection 5.
5 5 Sec. 5. Section 96.5, subsection 1, Code Supplement 2007,
5 6 is amended by adding the following new paragraph:
5 7 NEW PARAGRAPH. k. The individual left employment due to
5 8 domestic abuse, as defined in section 236.2, or stalking, as
5 9 described in section 708.11, perpetrated against the
5 10 individual, and the individual reasonably believed such act
5 11 was necessary to protect the safety of the individual or the
5 12 individual's family. Benefits related to wage credits earned
5 13 with the employer that the individual has left shall be
5 14 charged to the unemployment compensation fund. This paragraph
5 15 applies to both contributory and reimbursable employers,
5 16 notwithstanding section 96.8, subsection 5. All evidence of
5 17 domestic abuse or stalking experienced by an individual,
5 18 including the individual's statement and any corroborating
5 19 evidence, shall not be disclosed by the department, except to
5 20 the parties in a contested benefit case proceeding and to the
5 21 employment appeal board or courts in an appeal or unless
5 22 consent for disclosure is granted in writing by the
5 23 individual. Evidence of domestic abuse or stalking may
5 24 include but is not limited to any of the following:
5 25 (1) A statement or report from a law enforcement agency or
5 26 professional, medical professional, mental health
5 27 professional, or domestic violence shelter or professional.
5 28 (2) Witness statements regarding an incident that causes
5 29 the individual to believe the individual's life or safety or
5 30 the life or safety of a member of the individual's family is
5 31 in danger.
5 32 Sec. 6. Section 96.23, subsection 2, Code 2007, is amended
5 33 to read as follows:
5 34 2. The individual did not receive wages from insured work
5 35 for two calendar quarters and did not receive wages from
6 1 insured work for another calendar quarter equal to or greater
6 2 than the amount required for a calendar quarter, other than
6 3 the calendar quarter in which the individual's wages were
6 4 highest, under section 96.4, subsection 4, paragraph "a".
6 5 Sec. 7. FUTURE APPROPRIATION OF FEDERAL FUNDS. Any funds
6 6 received by this state from the federal government pursuant to
6 7 section 903 of the federal Social Security Act as a result of
6 8 the enactment of this Act shall be appropriated by the general
6 9 assembly to the department of workforce development to be used
6 10 for the payment of unemployment insurance benefits or for the
6 11 administration of the Iowa employment security law, chapter
6 12 96, and public employment offices.
6 13 Sec. 8. EFFECTIVE AND APPLICABILITY DATES. The section of
6 14 this Act amending section 96.3 applies to any week of
6 15 unemployment benefits beginning on or after July 1, 2008. The
6 16 sections of this Act amending section 96.5, subsection 1,
6 17 paragraph "c", and enacting section 96.5, subsection 1,
6 18 paragraph "k", take effect June 29, 2008, and apply to any
6 19 claim with an effective date on or after June 29, 2008.
6 20 SF 2377
6 21 ak/rj/cc/26