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Senate File 2249 - IntroducedA Bill ForAn Act 1relating to unemployment benefits and including
2effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 14.1 State publications —
2unemployment rates.
31. For the purposes of this chapter:
4a. “Nonparticipating workforce rate” means the portion of
5the population that is not employed or earnestly and actively
6seeking work as described in section 96.4, subsection 3.
7b. “Workforce term” means the nonparticipating workforce
8rate, the state unemployment rate, or the number of known,
9available jobs in Iowa as published by the department of
10workforce development.
112. When a state agency makes a reference to the state
12unemployment rate in an official written statement from the
13agency or a report or other document that is published and
14available to the public, the agency shall include a reference
15to the nonparticipating workforce rate.
163. When the department of workforce development makes a
17reference to a workforce term in an official written statement
18or a report or other document that is published and available
19to the public, the department of workforce development shall
20also reference each other workforce term.
21 Sec. 2. Section 96.1A, subsection 18, unnumbered paragraph
221, Code 2022, is amended to read as follows:
23“Exhaustee” means an individual who, with respect to any
24week of unemployment in the individual’s eligibility period
25has received, prior to such week, all of the regular benefits
26that were available to the individual under this chapter or any
27other state law, including dependents’ allowances and benefits
28payable to federal civilian employees and former armed forces
29personnel under 5 U.S.C. ch.85, in the individual’s current
30benefit year that includes such weeks. Provided that for the
31purposes of this subsection an individual shall be deemed to
32have received all of the regular benefits that were available
33to the individual, although as a result of a pending appeal
34with respect to wages that were not considered in the original
35monetary determination in the individual’s benefit year the
-1-1individual may subsequently be determined to be entitled to add
2regular benefits, or:
3 Sec. 3. Section 96.1A, Code 2022, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 34A. “Statewide average unemployment rate”
6means the average seasonally adjusted unemployment rate as
7published by the department in the third week of the month
8prior to the current calendar month.
9 NEW SUBSECTION. 43. “Work search” means any of the
10following:
11a. Applying for a job by submitting a resume or application
12to a potential employer in person, through the mail, by
13electronic means, or by fax transmission.
14b. Interviewing for a job virtually or in person.
15c. Taking a civil service exam.
16d. Taking a military aptitude exam.
17 Sec. 4. Section 96.3, subsection 4, Code 2022, is amended
18to read as follows:
194. Determination of benefits.
20a. With respect to benefit years beginning on or after July
211, 1983, an An eligible individual’s weekly benefit amount for
22a week of total unemployment shall be an amount equal to the
23following fractions of the individual’s total wages in insured
24work paid during that quarter of the individual’s base period
25in which such total wages were highest. The director shall
26determine annually a maximum weekly benefit amount equal to
27the following percentages, to vary with the number of based on
28whether the individual has dependents, of the statewide average
29weekly wage paid to employees in insured work which shall be
30effective the first day of the first full week in July:
31If theThe weeklySubject to
32 number ofbenefit amountthe following
33 dependents shall equalmaximum
34 is:the followingpercentage of
35fraction of highthe statewide
-2-1quarter wages:average
2weekly wage:
3 01/2353%
4 1 or more1/2255% 57%
5 21/2157%
6 31/2060%
7 4 or more1/1965%
8b. The maximum weekly benefit amount, if not a multiple
9of one dollar, shall be rounded to the lower multiple of one
10dollar. However, until such time as sixty-five percent of
11the statewide average weekly wage exceeds one hundred ninety
12dollars, the The maximum weekly benefit amounts shall be
13determined using the statewide average weekly wage computed on
14the basis of wages reported for the current calendar year 1981.
15As used in this section, “dependent” means dependent as defined
16in section 422.12, subsection 1, paragraph “a”, as if the
17individual claimant was a taxpayer, except that an individual
18claimant’s nonworking spouse shall be deemed to be a dependent
19under this section. “Nonworking spouse” means a spouse who does
20not earn more than one hundred twenty dollars in gross wages
21in one week.
22 Sec. 5. Section 96.3, subsection 5, paragraph a, Code 2022,
23is amended to read as follows:
24a. Duration of benefits.
25(1) The maximum total amount of benefits payable to an
26eligible individual during a benefit year shall not exceed the
27total of the wage credits accrued to the individual’s account
28during the individual’s base period, or twenty-six times the
29individual’s weekly benefit amount, whichever is the lesser.
30(2) Additionally, the maximum total amount of benefits
31payable to an eligible individual during a benefit year shall
32not exceed the following, calculated on the date the individual
33applied for benefits:
34(a) Twelve times the individual’s weekly benefit amount if
35the statewide average unemployment rate is at or below four
-3-1percent.
2(b) One additional multiple of the individual’s weekly
3benefit amount for each increment of one percent the statewide
4average unemployment rate is above four percent, up to a
5maximum of sixteen times the individual’s weekly benefit
6amount.
7(c) However, if the governor has declared a statewide
8disaster emergency pursuant to section 29C.6, the amount shall
9instead be twenty times the individual’s weekly benefit amount
10for the duration of the emergency.
11(d) However, if the state “off” indicator is in effect and
12if the individual is laid off due to the individual’s employer
13going out of business at the factory, establishment, or other
14premises at which the individual was last employed, the maximum
15benefits payable as provided in subparagraph division (a), (b),
16or (c), as applicable, shall be extended by fifty percent of
17the amount provided in subparagraph division (a), (b), or (c),
18as applicable.
19(3) If, on the date an individual exhausts all benefits
20payable to the individual, the statewide average unemployment
21rate has increased so that the maximum total amount of benefits
22for benefit applicants on that date is greater than the maximum
23amount determined for the individual pursuant to subparagraph
24(2), then the individual shall receive additional multiple
25weekly benefits to make up the difference.
26(4) The director shall maintain a separate account for
27each individual who earns wages in insured work. The director
28shall compute wage credits for each individual by crediting the
29individual’s account with one-third of the wages for insured
30work paid to the individual during the individual’s base
31period. However, the director shall recompute wage credits
32for an individual who is laid off due to the individual’s
33employer going out of business at the factory, establishment,
34or other premises at which the individual was last employed, by
35crediting the individual’s account with one-half, instead of
-4-1one-third, of the wages for insured work paid to the individual
2during the individual’s base period. Benefits paid to an
3eligible individual shall be charged against the base period
4wage credits in the individual’s account which have not been
5previously charged, in the inverse chronological order as the
6wages on which the wage credits are based were paid. However
7if the state “off” indicator is in effect and if the individual
8is laid off due to the individual’s employer going out of
9business at the factory, establishment, or other premises at
10which the individual was last employed, the maximum benefits
11payable shall be extended to thirty-nine times the individual’s
12weekly benefit amount, but not to exceed the total of the wage
13credits accrued to the individual’s account.
14 Sec. 6. Section 96.3, subsection 5, paragraph b,
15subparagraph (3), Code 2022, is amended to read as follows:
16(3) The training extension benefit amount shall be
17twenty-six times a multiple of the individual’s weekly
18benefit amount provided in paragraph “a”, subparagraph (2),
19subparagraph division (a), (b), or (c), as applicable, and the
20weekly benefit amount shall be equal to the individual’s weekly
21benefit amount for the claim in which benefits were exhausted
22while in training.
23 Sec. 7. Section 96.4, subsection 3, Code 2022, is amended
24to read as follows:
253. a. The individual is able to work, is available for
26work, and is earnestly and actively seeking work.
27b. (1) A person shall be required, at a minimum, to meet
28the following requirements to be deemed earnestly and actively
29seeking work:
30(a) If the number of available jobs is at or above sixty
31thousand, the person must complete a minimum of six work
32searches for each week the person applies for benefits.
33(b) If the number of available jobs is at or above fifty
34thousand but below sixty thousand, the person must complete a
35minimum of five work searches for each week the person applies
-5-1for benefits.
2(c) If the number of available jobs is below fifty thousand,
3the person must complete a minimum of four work searches for
4each week the person applies for benefits.
5(2) A work search shall not satisfy the requirements of this
6paragraph if the individual previously applied for the same
7position within the most recent four weeks.
8(3) If the individual has received six or more payments of
9benefits for a benefit year, at least half of the individual’s
10work searches shall be from a list of known available jobs
11provided by the department pursuant to section 96.33.
12(4) For the purposes of this paragraph, “the number of
13available jobs” means the number of jobs listed as available as
14published by the department on the most recent third calendar
15week of a month.
16c. This subsection is waived if the individual is deemed
17partially unemployed, while employed at the individual’s
18regular job, as defined in section 96.1A, subsection 37,
19paragraph “b”, subparagraph (1), or temporarily unemployed
20as defined in section 96.1A, subsection 37, paragraph “c”.
21The work search requirements of this subsection and the
22disqualification requirement for failure to apply for, or
23to accept suitable work of section 96.5, subsection 3, are
24waived if the individual is not disqualified for benefits under
25section 96.5, subsection 1, paragraph “h”.
26b. d. Notwithstanding any provision of this chapter to the
27contrary, the department may establish by rule a process to
28waive or alter the work search requirements of this subsection
29for a claim for benefits if an individual has a reasonable
30expectation that the individual will be returning to employment
31and is attached to a regular job or industry or a member in
32good standing of a union therein eligible for referral for
33employment. To be considered attached to a regular job or
34industry, an individual must be on a short-term temporary
35layoff. If work is not available at the conclusion of the
-6-1layoff period due to short-term circumstances beyond the
2employer’s control, the employer may request an extension
3of the waiver or alteration for up to two weeks from the
4department. For purposes of this paragraph, “short-term
5temporary layoff” means a layoff period of sixteen weeks or
6less due to seasonal weather conditions that impact the ability
7to perform work related to highway construction, repair, or
8maintenance with a specific return-to-work date verified by the
9employer.
10 Sec. 8. Section 96.4, Code 2022, is amended by adding the
11following new subsections:
12 NEW SUBSECTION. 8. The individual has satisfied a single
13one-week waiting period during the individual’s benefit year.
14To satisfy the one-week waiting period, the individual, with
15respect to the week in question, must otherwise be eligible
16for benefits from this state, must not have received or have
17payable benefits from this state, and must not be eligible for
18benefits from another state.
19 NEW SUBSECTION. 9. The individual has completed one search
20activity each week from a list of permissible search activities
21as designated by the department. This shall be in addition
22to the requirements under subsection 3. A search activity
23shall only meet the requirements of this subsection if the
24individual has not previously performed that type of search
25activity during the individual’s benefit year in order to
26remain eligible under this subsection. The department shall
27adopt rules to implement this subsection.
28 NEW SUBSECTION. 10. The individual has listed the email
29address and the identification number the individual received
30pursuant to section 96.33 on each application the individual
31has used to satisfy the requirements of this section.
32 NEW SUBSECTION. 11. The individual has performed at
33least twenty hours of civic work each week as defined by the
34department by rule. Civic work shall include but not be
35limited to roadside trash pickup, public building and park
-7-1beautification projects, and volunteering at public schools.
2This subsection shall only apply if the individual has received
3sixteen or more payments of benefits for a benefit year and the
4individual is eligible to receive additional payments pursuant
5to section 96.3, subsection 5, paragraph “a”, subparagraph (1),
6subparagraph division (c).
7 Sec. 9. NEW SECTION. 96.33 Applicant auditing.
81. The department shall conduct audits of the information
9an individual provides to satisfy the requirements of section
1096.4 at a minimum once each month to ensure the individual is
11meeting all eligibility requirements for benefits. Audits
12conducted pursuant to this section shall include but not be
13limited to sending a form to employers who the individual
14claims to have interviewed with for employment for the purpose
15of collecting all of the following information:
16a. The employer’s employer identification number.
17b. The individual’s identification number provided by the
18department pursuant to subsection 2.
19c. The date the employer received the individual’s
20application.
21d. Whether the individual appeared for the interview.
22e. Whether the individual rejected an offer of employment
23for the position for which the individual was applying.
24f. The date the individual rejected an offer of employment,
25if any.
26g. The title, wage, and estimated weekly salary for the
27position for which the individual was applying.
282. Upon initially determining an individual is eligible for
29benefits, the department shall issue an identification number
30and an email address to the individual. The email address
31shall be accessible to both the individual and the department
32and shall be the individual’s primary source of receiving
33emails for work searches the individual uses to satisfy the
34requirements of section 96.4.
353. The department shall provide on a weekly basis to an
-8-1individual applying for benefits a list of known available
2jobs within a fifty-mile radius of the applicant’s residence
3in fields related to the employment the applicant had within
4the most recent ten years, in fields which the applicant
5has identified an interest, or that require skills that the
6applicant claimed to have when applying for benefits.
7 Sec. 10. Section 96.5, subsection 3, paragraph a,
8subparagraph (1), subparagraph divisions (a), (b), (c), and
9(d), Code 2022, are amended to read as follows:
10(a) One hundred percent, if the work is offered during the
11first five four weeks of unemployment.
12(b) Seventy-five percent, if the work is offered during the
13sixth fifth through the twelfth eighth week of unemployment.
14(c) Seventy percent, if the work is offered during the
15thirteenth ninth through the eighteenth twelfth week of
16unemployment.
17(d) Sixty-five percent, if the work is offered after the
18eighteenth twelfth week of unemployment.
19 Sec. 11. DEPARTMENT OF WORKFORCE DEVELOPMENT —
20UNEMPLOYMENT INSURANCE RULES. The department of workforce
21development shall adopt or amend its administrative rules
22pursuant to chapter 17A to provide for all of the following:
231. Set the number of search activities acceptable to meet
24the requirements of section 96.4, subsection 9, to sixteen
25different types of activities.
262. Allow employers to protest a payment of unemployment
27benefits and protest and sign a notice of claim electronically
28using a form created by the department.
29 Sec. 12. EFFECTIVE DATE. This Act takes effect January 1,
302023.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to unemployment benefits.
35The bill defines “nonparticipating workforce rate” as the
-9-1portion of the population that is not employed or earnestly
2and actively seeking work. The bill defines “workforce
3term” as the nonparticipating workforce rate, the state
4unemployment rate, or the number of known, available jobs in
5Iowa as published by the department of workforce development
6(IWD). The bill requires that, when a state agency makes a
7reference to the state unemployment rate in an official written
8statement from the agency or a report or other document that
9is published and available to the public, the agency shall
10include a reference to the nonparticipating workforce rate.
11The bill also requires that when the IWD makes a reference to a
12workforce term in an official written statement or a report or
13other document that is published and available to the public,
14the IWD must also reference each other workforce term.
15The bill defines “statewide average unemployment rate” as
16the average seasonally adjusted unemployment rate in this state
17as published by the department in the third week of the month
18prior to the current calendar month.
19The bill defines “work search” as applying for a job by
20submitting a resume or application to a potential employer
21in person, through the mail, by electronic means, or by fax
22transmission; interviewing for a job virtually or in person;
23taking a civil service exam; or taking a military aptitude
24exam.
25The bill strikes language providing that an eligible
26individual’s maximum weekly benefit amount varies with the
27number of the individual’s dependents. The bill instead
28provides that an individual with dependents will have a weekly
29benefit amount of 1/22 the individual’s highest gross quarterly
30salary during the individual’s base period, subject to a
31maximum of 57 percent of the statewide average weekly wage.
32Under current law, the maximum total amount of unemployment
33benefits payable to an eligible individual in a benefit year
34cannot exceed 26 times the individual’s weekly benefit amount,
35among other limitations. The bill provides that the maximum
-10-1total amount of unemployment benefits payable to an eligible
2individual in a benefit year cannot exceed 12 times the
3individual’s weekly benefit amount if the statewide average
4unemployment rate, as defined in the bill, is at or below 4
5percent, calculated on the date the individual applied for
6benefits. The bill provides for one additional multiple of
7the individual’s weekly benefit amount for each increment of
81 percent the statewide average unemployment rate is above 4
9percent, up to a maximum of 16 times the individual’s weekly
10benefit amount. If the governor has declared a statewide
11disaster emergency, the amount shall instead be 20 times the
12individual’s weekly benefit amount for the duration of the
13emergency.
14The bill provides that if, on the date an individual exhausts
15all unemployment benefits payable to the individual, the
16statewide average unemployment rate has increased so that the
17maximum total amount of benefits for benefit applicants on
18that date is greater than the maximum amount determined for
19the individual, then the individual shall receive additional
20multiple weekly benefits to make up the difference.
21The bill makes related changes to training extension
22benefits and certain other unemployment benefits available when
23an individual is laid off due to the individual’s employer
24going out of business at the factory, establishment, or other
25premises.
26The bill requires a person applying for unemployment
27benefits to complete a certain number of work searches, based
28on the number of jobs listed as available as published by the
29IWD on the most recent third calendar week of a month, for
30each week the person is applying for benefits in order to be
31eligible for benefits. If the number of available jobs is at
32or above 60,000, the person must complete a minimum of six
33work searches each week; if the number of available jobs is
34at or above 50,000 but below 60,000, the person must complete
35a minimum of five work searches each week; and if the number
-11-1of available jobs is below 50,000, the person must complete a
2minimum of four work searches each week. A work search shall
3not satisfy an individual’s eligibility requirements if the
4individual previously applied to the same position within the
5most recent four weeks.
6The bill requires that, if an individual has received six
7or more payments of benefits for a benefit year, at least half
8of the work searches the individual uses to meet eligibility
9requirements must be from a list of known available jobs within
10a 50-mile radius of the individual’s residence in fields
11related to employment the applicant held within the most recent
1210 years, in fields which the applicant has identified an
13interest, or that require skills that the individual claimed
14to have when applying for benefits. The bill requires IWD to
15provide the individual a list of these jobs on a weekly basis.
16The bill requires an individual to first satisfy a single
17one-week waiting period during the individual’s benefit year
18prior to receiving unemployment compensation. To satisfy the
19one-week waiting period, the individual, with respect to the
20week in question, must otherwise be eligible for unemployment
21benefits from this state, must not have received or have
22payable unemployment benefits from this state, and must not be
23eligible for unemployment benefits from another state.
24The bill requires a person applying for unemployment
25benefits to complete one search activity each week as
26designated by IWD in order to be eligible for unemployment
27benefits. The search activities are in addition to other
28work search requirements to receive unemployment benefits.
29A search activity shall only meet eligibility requirements
30if the individual has not previously performed that type of
31search activity during the individual’s benefit year in order
32to remain eligible. The bill directs IWD to adopt rules to
33implement this requirement.
34The bill requires IWD to provide an individual applying
35for unemployment benefits with an email address and an
-12-1identification number upon the department’s initial
2determination that the individual is eligible for benefits.
3The email address shall be accessible to both the individual
4and the department, and shall be the individual’s primary
5source of receiving emails for work searches the individual
6uses to satisfy unemployment benefit eligibility requirements.
7The bill also requires the individual to list the email
8address and the identification number on each application
9the individual uses in order to maintain eligibility for
10unemployment benefits.
11The bill requires that, if the individual has received 16
12payments of benefits for a benefit year and the individual
13is eligible to receive extended payments due to a statewide
14disaster declaration issued by the governor, the individual
15shall perform at least 20 hours of civic work each week as
16defined by IWD by rule in order to maintain eligibility for
17unemployment benefits. Civic work shall include but not be
18limited to roadside trash pickup, public building and park
19beautification projects, and volunteering at public schools.
20The bill requires IWD to conduct audits of the information
21an individual provides at a minimum once each month to ensure
22the individual is meeting all eligibility requirements for
23unemployment benefits. Audits conducted shall include but not
24be limited to sending a form to employers who the individual
25claims to have interviewed with for employment for the purpose
26of collecting the employer’s employer identification number;
27the individual’s identification number provided by the
28department; the date the employer received the individual’s
29application; whether the individual appeared for the interview;
30whether the individual rejected an offer of employment for the
31position for which the individual was applying; the date the
32individual rejected an offer of employment, if any, and the
33title, wage, and estimated weekly salary for the position for
34which the individual was applying.
35A failure to accept an offer of or apply for available
-13-1suitable work may affect an individual’s eligibility for
2unemployment benefits. IWD uses certain criteria to determine
3whether work is considered suitable, including whether the
4offered or available work meets or exceeds an individual’s
5highest gross weekly salary during the individual’s base
6period. The bill changes the percentages the salary available
7or offered work must meet or exceed in order to be considered
8suitable. Work must meet or exceed 100 percent of the base
9period salary, if the work is offered during the first four
10weeks of unemployment; 75 percent if the work is offered during
11the 5th through the 8th week of unemployment; 70 percent if
12the work is offered during the 9th through the 12th week of
13unemployment; and 65 percent if the work is offered after the
1412th week of unemployment. Previously, work offered must
15exceed 100 percent of the base period salary, if the work is
16offered during the first five weeks of unemployment; 75 percent
17if the work is offered during the 6th through the 12th week of
18unemployment; 70 percent if the work is offered during the 13th
19through the 18th week of unemployment; and 65 percent if the
20work is offered after the 18th week of unemployment.
21The bill makes a conforming change to Code section 96.1A,
22subsection 18.
23The bill requires IWD to adopt or amend its administrative
24rules to set the number of search activities acceptable to
25meet the work search requirements for unemployment benefit
26eligibility to 16 different types of activities and allow
27employers to protest a payment of unemployment benefits and
28protest and sign a notice of claim electronically using a form
29created by IWD.
30The bill takes effect January 1, 2023.
-14-dg/rn
2effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 14.1 State publications —
2unemployment rates.
31. For the purposes of this chapter:
4a. “Nonparticipating workforce rate” means the portion of
5the population that is not employed or earnestly and actively
6seeking work as described in section 96.4, subsection 3.
7b. “Workforce term” means the nonparticipating workforce
8rate, the state unemployment rate, or the number of known,
9available jobs in Iowa as published by the department of
10workforce development.
112. When a state agency makes a reference to the state
12unemployment rate in an official written statement from the
13agency or a report or other document that is published and
14available to the public, the agency shall include a reference
15to the nonparticipating workforce rate.
163. When the department of workforce development makes a
17reference to a workforce term in an official written statement
18or a report or other document that is published and available
19to the public, the department of workforce development shall
20also reference each other workforce term.
21 Sec. 2. Section 96.1A, subsection 18, unnumbered paragraph
221, Code 2022, is amended to read as follows:
23“Exhaustee” means an individual who, with respect to any
24week of unemployment in the individual’s eligibility period
25has received, prior to such week, all of the regular benefits
26that were available to the individual under this chapter or any
27other state law, including dependents’ allowances and benefits
28payable to federal civilian employees and former armed forces
29personnel under 5 U.S.C. ch.85, in the individual’s current
30benefit year that includes such weeks. Provided that for the
31purposes of this subsection an individual shall be deemed to
32have received all of the regular benefits that were available
33to the individual, although as a result of a pending appeal
34with respect to wages that were not considered in the original
35monetary determination in the individual’s benefit year the
-1-1individual may subsequently be determined to be entitled to add
2regular benefits, or:
3 Sec. 3. Section 96.1A, Code 2022, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 34A. “Statewide average unemployment rate”
6means the average seasonally adjusted unemployment rate as
7published by the department in the third week of the month
8prior to the current calendar month.
9 NEW SUBSECTION. 43. “Work search” means any of the
10following:
11a. Applying for a job by submitting a resume or application
12to a potential employer in person, through the mail, by
13electronic means, or by fax transmission.
14b. Interviewing for a job virtually or in person.
15c. Taking a civil service exam.
16d. Taking a military aptitude exam.
17 Sec. 4. Section 96.3, subsection 4, Code 2022, is amended
18to read as follows:
194. Determination of benefits.
20a. With respect to benefit years beginning on or after July
211, 1983, an An eligible individual’s weekly benefit amount for
22a week of total unemployment shall be an amount equal to the
23following fractions of the individual’s total wages in insured
24work paid during that quarter of the individual’s base period
25in which such total wages were highest. The director shall
26determine annually a maximum weekly benefit amount equal to
27the following percentages, to vary with the number of based on
28whether the individual has dependents, of the statewide average
29weekly wage paid to employees in insured work which shall be
30effective the first day of the first full week in July:
31If theThe weeklySubject to
32 number ofbenefit amountthe following
33 dependents shall equalmaximum
34 is:the followingpercentage of
35fraction of highthe statewide
-2-1quarter wages:average
2weekly wage:
3 01/2353%
4 1 or more1/2255% 57%
5 21/2157%
6 31/2060%
7 4 or more1/1965%
8b. The maximum weekly benefit amount, if not a multiple
9of one dollar, shall be rounded to the lower multiple of one
10dollar. However, until such time as sixty-five percent of
11the statewide average weekly wage exceeds one hundred ninety
12dollars, the The maximum weekly benefit amounts shall be
13determined using the statewide average weekly wage computed on
14the basis of wages reported for the current calendar year 1981.
15As used in this section, “dependent” means dependent as defined
16in section 422.12, subsection 1, paragraph “a”, as if the
17individual claimant was a taxpayer, except that an individual
18claimant’s nonworking spouse shall be deemed to be a dependent
19under this section. “Nonworking spouse” means a spouse who does
20not earn more than one hundred twenty dollars in gross wages
21in one week.
22 Sec. 5. Section 96.3, subsection 5, paragraph a, Code 2022,
23is amended to read as follows:
24a. Duration of benefits.
25(1) The maximum total amount of benefits payable to an
26eligible individual during a benefit year shall not exceed the
27total of the wage credits accrued to the individual’s account
28during the individual’s base period, or twenty-six times the
29individual’s weekly benefit amount, whichever is the lesser.
30(2) Additionally, the maximum total amount of benefits
31payable to an eligible individual during a benefit year shall
32not exceed the following, calculated on the date the individual
33applied for benefits:
34(a) Twelve times the individual’s weekly benefit amount if
35the statewide average unemployment rate is at or below four
-3-1percent.
2(b) One additional multiple of the individual’s weekly
3benefit amount for each increment of one percent the statewide
4average unemployment rate is above four percent, up to a
5maximum of sixteen times the individual’s weekly benefit
6amount.
7(c) However, if the governor has declared a statewide
8disaster emergency pursuant to section 29C.6, the amount shall
9instead be twenty times the individual’s weekly benefit amount
10for the duration of the emergency.
11(d) However, if the state “off” indicator is in effect and
12if the individual is laid off due to the individual’s employer
13going out of business at the factory, establishment, or other
14premises at which the individual was last employed, the maximum
15benefits payable as provided in subparagraph division (a), (b),
16or (c), as applicable, shall be extended by fifty percent of
17the amount provided in subparagraph division (a), (b), or (c),
18as applicable.
19(3) If, on the date an individual exhausts all benefits
20payable to the individual, the statewide average unemployment
21rate has increased so that the maximum total amount of benefits
22for benefit applicants on that date is greater than the maximum
23amount determined for the individual pursuant to subparagraph
24(2), then the individual shall receive additional multiple
25weekly benefits to make up the difference.
26(4) The director shall maintain a separate account for
27each individual who earns wages in insured work. The director
28shall compute wage credits for each individual by crediting the
29individual’s account with one-third of the wages for insured
30work paid to the individual during the individual’s base
31period. However, the director shall recompute wage credits
32for an individual who is laid off due to the individual’s
33employer going out of business at the factory, establishment,
34or other premises at which the individual was last employed, by
35crediting the individual’s account with one-half, instead of
-4-1one-third, of the wages for insured work paid to the individual
2during the individual’s base period. Benefits paid to an
3eligible individual shall be charged against the base period
4wage credits in the individual’s account which have not been
5previously charged, in the inverse chronological order as the
6wages on which the wage credits are based were paid. However
7if the state “off” indicator is in effect and if the individual
8is laid off due to the individual’s employer going out of
9business at the factory, establishment, or other premises at
10which the individual was last employed, the maximum benefits
11payable shall be extended to thirty-nine times the individual’s
12weekly benefit amount, but not to exceed the total of the wage
13credits accrued to the individual’s account.
14 Sec. 6. Section 96.3, subsection 5, paragraph b,
15subparagraph (3), Code 2022, is amended to read as follows:
16(3) The training extension benefit amount shall be
17twenty-six times a multiple of the individual’s weekly
18benefit amount provided in paragraph “a”, subparagraph (2),
19subparagraph division (a), (b), or (c), as applicable, and the
20weekly benefit amount shall be equal to the individual’s weekly
21benefit amount for the claim in which benefits were exhausted
22while in training.
23 Sec. 7. Section 96.4, subsection 3, Code 2022, is amended
24to read as follows:
253. a. The individual is able to work, is available for
26work, and is earnestly and actively seeking work.
27b. (1) A person shall be required, at a minimum, to meet
28the following requirements to be deemed earnestly and actively
29seeking work:
30(a) If the number of available jobs is at or above sixty
31thousand, the person must complete a minimum of six work
32searches for each week the person applies for benefits.
33(b) If the number of available jobs is at or above fifty
34thousand but below sixty thousand, the person must complete a
35minimum of five work searches for each week the person applies
-5-1for benefits.
2(c) If the number of available jobs is below fifty thousand,
3the person must complete a minimum of four work searches for
4each week the person applies for benefits.
5(2) A work search shall not satisfy the requirements of this
6paragraph if the individual previously applied for the same
7position within the most recent four weeks.
8(3) If the individual has received six or more payments of
9benefits for a benefit year, at least half of the individual’s
10work searches shall be from a list of known available jobs
11provided by the department pursuant to section 96.33.
12(4) For the purposes of this paragraph, “the number of
13available jobs” means the number of jobs listed as available as
14published by the department on the most recent third calendar
15week of a month.
16c. This subsection is waived if the individual is deemed
17partially unemployed, while employed at the individual’s
18regular job, as defined in section 96.1A, subsection 37,
19paragraph “b”, subparagraph (1), or temporarily unemployed
20as defined in section 96.1A, subsection 37, paragraph “c”.
21The work search requirements of this subsection and the
22disqualification requirement for failure to apply for, or
23to accept suitable work of section 96.5, subsection 3, are
24waived if the individual is not disqualified for benefits under
25section 96.5, subsection 1, paragraph “h”.
26b. d. Notwithstanding any provision of this chapter to the
27contrary, the department may establish by rule a process to
28waive or alter the work search requirements of this subsection
29for a claim for benefits if an individual has a reasonable
30expectation that the individual will be returning to employment
31and is attached to a regular job or industry or a member in
32good standing of a union therein eligible for referral for
33employment. To be considered attached to a regular job or
34industry, an individual must be on a short-term temporary
35layoff. If work is not available at the conclusion of the
-6-1layoff period due to short-term circumstances beyond the
2employer’s control, the employer may request an extension
3of the waiver or alteration for up to two weeks from the
4department. For purposes of this paragraph, “short-term
5temporary layoff” means a layoff period of sixteen weeks or
6less due to seasonal weather conditions that impact the ability
7to perform work related to highway construction, repair, or
8maintenance with a specific return-to-work date verified by the
9employer.
10 Sec. 8. Section 96.4, Code 2022, is amended by adding the
11following new subsections:
12 NEW SUBSECTION. 8. The individual has satisfied a single
13one-week waiting period during the individual’s benefit year.
14To satisfy the one-week waiting period, the individual, with
15respect to the week in question, must otherwise be eligible
16for benefits from this state, must not have received or have
17payable benefits from this state, and must not be eligible for
18benefits from another state.
19 NEW SUBSECTION. 9. The individual has completed one search
20activity each week from a list of permissible search activities
21as designated by the department. This shall be in addition
22to the requirements under subsection 3. A search activity
23shall only meet the requirements of this subsection if the
24individual has not previously performed that type of search
25activity during the individual’s benefit year in order to
26remain eligible under this subsection. The department shall
27adopt rules to implement this subsection.
28 NEW SUBSECTION. 10. The individual has listed the email
29address and the identification number the individual received
30pursuant to section 96.33 on each application the individual
31has used to satisfy the requirements of this section.
32 NEW SUBSECTION. 11. The individual has performed at
33least twenty hours of civic work each week as defined by the
34department by rule. Civic work shall include but not be
35limited to roadside trash pickup, public building and park
-7-1beautification projects, and volunteering at public schools.
2This subsection shall only apply if the individual has received
3sixteen or more payments of benefits for a benefit year and the
4individual is eligible to receive additional payments pursuant
5to section 96.3, subsection 5, paragraph “a”, subparagraph (1),
6subparagraph division (c).
7 Sec. 9. NEW SECTION. 96.33 Applicant auditing.
81. The department shall conduct audits of the information
9an individual provides to satisfy the requirements of section
1096.4 at a minimum once each month to ensure the individual is
11meeting all eligibility requirements for benefits. Audits
12conducted pursuant to this section shall include but not be
13limited to sending a form to employers who the individual
14claims to have interviewed with for employment for the purpose
15of collecting all of the following information:
16a. The employer’s employer identification number.
17b. The individual’s identification number provided by the
18department pursuant to subsection 2.
19c. The date the employer received the individual’s
20application.
21d. Whether the individual appeared for the interview.
22e. Whether the individual rejected an offer of employment
23for the position for which the individual was applying.
24f. The date the individual rejected an offer of employment,
25if any.
26g. The title, wage, and estimated weekly salary for the
27position for which the individual was applying.
282. Upon initially determining an individual is eligible for
29benefits, the department shall issue an identification number
30and an email address to the individual. The email address
31shall be accessible to both the individual and the department
32and shall be the individual’s primary source of receiving
33emails for work searches the individual uses to satisfy the
34requirements of section 96.4.
353. The department shall provide on a weekly basis to an
-8-1individual applying for benefits a list of known available
2jobs within a fifty-mile radius of the applicant’s residence
3in fields related to the employment the applicant had within
4the most recent ten years, in fields which the applicant
5has identified an interest, or that require skills that the
6applicant claimed to have when applying for benefits.
7 Sec. 10. Section 96.5, subsection 3, paragraph a,
8subparagraph (1), subparagraph divisions (a), (b), (c), and
9(d), Code 2022, are amended to read as follows:
10(a) One hundred percent, if the work is offered during the
11first five four weeks of unemployment.
12(b) Seventy-five percent, if the work is offered during the
13sixth fifth through the twelfth eighth week of unemployment.
14(c) Seventy percent, if the work is offered during the
15thirteenth ninth through the eighteenth twelfth week of
16unemployment.
17(d) Sixty-five percent, if the work is offered after the
18eighteenth twelfth week of unemployment.
19 Sec. 11. DEPARTMENT OF WORKFORCE DEVELOPMENT —
20UNEMPLOYMENT INSURANCE RULES. The department of workforce
21development shall adopt or amend its administrative rules
22pursuant to chapter 17A to provide for all of the following:
231. Set the number of search activities acceptable to meet
24the requirements of section 96.4, subsection 9, to sixteen
25different types of activities.
262. Allow employers to protest a payment of unemployment
27benefits and protest and sign a notice of claim electronically
28using a form created by the department.
29 Sec. 12. EFFECTIVE DATE. This Act takes effect January 1,
302023.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to unemployment benefits.
35The bill defines “nonparticipating workforce rate” as the
-9-1portion of the population that is not employed or earnestly
2and actively seeking work. The bill defines “workforce
3term” as the nonparticipating workforce rate, the state
4unemployment rate, or the number of known, available jobs in
5Iowa as published by the department of workforce development
6(IWD). The bill requires that, when a state agency makes a
7reference to the state unemployment rate in an official written
8statement from the agency or a report or other document that
9is published and available to the public, the agency shall
10include a reference to the nonparticipating workforce rate.
11The bill also requires that when the IWD makes a reference to a
12workforce term in an official written statement or a report or
13other document that is published and available to the public,
14the IWD must also reference each other workforce term.
15The bill defines “statewide average unemployment rate” as
16the average seasonally adjusted unemployment rate in this state
17as published by the department in the third week of the month
18prior to the current calendar month.
19The bill defines “work search” as applying for a job by
20submitting a resume or application to a potential employer
21in person, through the mail, by electronic means, or by fax
22transmission; interviewing for a job virtually or in person;
23taking a civil service exam; or taking a military aptitude
24exam.
25The bill strikes language providing that an eligible
26individual’s maximum weekly benefit amount varies with the
27number of the individual’s dependents. The bill instead
28provides that an individual with dependents will have a weekly
29benefit amount of 1/22 the individual’s highest gross quarterly
30salary during the individual’s base period, subject to a
31maximum of 57 percent of the statewide average weekly wage.
32Under current law, the maximum total amount of unemployment
33benefits payable to an eligible individual in a benefit year
34cannot exceed 26 times the individual’s weekly benefit amount,
35among other limitations. The bill provides that the maximum
-10-1total amount of unemployment benefits payable to an eligible
2individual in a benefit year cannot exceed 12 times the
3individual’s weekly benefit amount if the statewide average
4unemployment rate, as defined in the bill, is at or below 4
5percent, calculated on the date the individual applied for
6benefits. The bill provides for one additional multiple of
7the individual’s weekly benefit amount for each increment of
81 percent the statewide average unemployment rate is above 4
9percent, up to a maximum of 16 times the individual’s weekly
10benefit amount. If the governor has declared a statewide
11disaster emergency, the amount shall instead be 20 times the
12individual’s weekly benefit amount for the duration of the
13emergency.
14The bill provides that if, on the date an individual exhausts
15all unemployment benefits payable to the individual, the
16statewide average unemployment rate has increased so that the
17maximum total amount of benefits for benefit applicants on
18that date is greater than the maximum amount determined for
19the individual, then the individual shall receive additional
20multiple weekly benefits to make up the difference.
21The bill makes related changes to training extension
22benefits and certain other unemployment benefits available when
23an individual is laid off due to the individual’s employer
24going out of business at the factory, establishment, or other
25premises.
26The bill requires a person applying for unemployment
27benefits to complete a certain number of work searches, based
28on the number of jobs listed as available as published by the
29IWD on the most recent third calendar week of a month, for
30each week the person is applying for benefits in order to be
31eligible for benefits. If the number of available jobs is at
32or above 60,000, the person must complete a minimum of six
33work searches each week; if the number of available jobs is
34at or above 50,000 but below 60,000, the person must complete
35a minimum of five work searches each week; and if the number
-11-1of available jobs is below 50,000, the person must complete a
2minimum of four work searches each week. A work search shall
3not satisfy an individual’s eligibility requirements if the
4individual previously applied to the same position within the
5most recent four weeks.
6The bill requires that, if an individual has received six
7or more payments of benefits for a benefit year, at least half
8of the work searches the individual uses to meet eligibility
9requirements must be from a list of known available jobs within
10a 50-mile radius of the individual’s residence in fields
11related to employment the applicant held within the most recent
1210 years, in fields which the applicant has identified an
13interest, or that require skills that the individual claimed
14to have when applying for benefits. The bill requires IWD to
15provide the individual a list of these jobs on a weekly basis.
16The bill requires an individual to first satisfy a single
17one-week waiting period during the individual’s benefit year
18prior to receiving unemployment compensation. To satisfy the
19one-week waiting period, the individual, with respect to the
20week in question, must otherwise be eligible for unemployment
21benefits from this state, must not have received or have
22payable unemployment benefits from this state, and must not be
23eligible for unemployment benefits from another state.
24The bill requires a person applying for unemployment
25benefits to complete one search activity each week as
26designated by IWD in order to be eligible for unemployment
27benefits. The search activities are in addition to other
28work search requirements to receive unemployment benefits.
29A search activity shall only meet eligibility requirements
30if the individual has not previously performed that type of
31search activity during the individual’s benefit year in order
32to remain eligible. The bill directs IWD to adopt rules to
33implement this requirement.
34The bill requires IWD to provide an individual applying
35for unemployment benefits with an email address and an
-12-1identification number upon the department’s initial
2determination that the individual is eligible for benefits.
3The email address shall be accessible to both the individual
4and the department, and shall be the individual’s primary
5source of receiving emails for work searches the individual
6uses to satisfy unemployment benefit eligibility requirements.
7The bill also requires the individual to list the email
8address and the identification number on each application
9the individual uses in order to maintain eligibility for
10unemployment benefits.
11The bill requires that, if the individual has received 16
12payments of benefits for a benefit year and the individual
13is eligible to receive extended payments due to a statewide
14disaster declaration issued by the governor, the individual
15shall perform at least 20 hours of civic work each week as
16defined by IWD by rule in order to maintain eligibility for
17unemployment benefits. Civic work shall include but not be
18limited to roadside trash pickup, public building and park
19beautification projects, and volunteering at public schools.
20The bill requires IWD to conduct audits of the information
21an individual provides at a minimum once each month to ensure
22the individual is meeting all eligibility requirements for
23unemployment benefits. Audits conducted shall include but not
24be limited to sending a form to employers who the individual
25claims to have interviewed with for employment for the purpose
26of collecting the employer’s employer identification number;
27the individual’s identification number provided by the
28department; the date the employer received the individual’s
29application; whether the individual appeared for the interview;
30whether the individual rejected an offer of employment for the
31position for which the individual was applying; the date the
32individual rejected an offer of employment, if any, and the
33title, wage, and estimated weekly salary for the position for
34which the individual was applying.
35A failure to accept an offer of or apply for available
-13-1suitable work may affect an individual’s eligibility for
2unemployment benefits. IWD uses certain criteria to determine
3whether work is considered suitable, including whether the
4offered or available work meets or exceeds an individual’s
5highest gross weekly salary during the individual’s base
6period. The bill changes the percentages the salary available
7or offered work must meet or exceed in order to be considered
8suitable. Work must meet or exceed 100 percent of the base
9period salary, if the work is offered during the first four
10weeks of unemployment; 75 percent if the work is offered during
11the 5th through the 8th week of unemployment; 70 percent if
12the work is offered during the 9th through the 12th week of
13unemployment; and 65 percent if the work is offered after the
1412th week of unemployment. Previously, work offered must
15exceed 100 percent of the base period salary, if the work is
16offered during the first five weeks of unemployment; 75 percent
17if the work is offered during the 6th through the 12th week of
18unemployment; 70 percent if the work is offered during the 13th
19through the 18th week of unemployment; and 65 percent if the
20work is offered after the 18th week of unemployment.
21The bill makes a conforming change to Code section 96.1A,
22subsection 18.
23The bill requires IWD to adopt or amend its administrative
24rules to set the number of search activities acceptable to
25meet the work search requirements for unemployment benefit
26eligibility to 16 different types of activities and allow
27employers to protest a payment of unemployment benefits and
28protest and sign a notice of claim electronically using a form
29created by IWD.
30The bill takes effect January 1, 2023.
-14-dg/rn