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House File 533 - IntroducedA Bill ForAn Act 1relating to disqualification from eligibility for
2unemployment benefits and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.5, unnumbered paragraph 1, Code 2017,
2is amended to read as follows:
3An individual shall be disqualified for benefits, regardless
4of the source of the individual’s wage credits:
5 Sec. 2. Section 96.5, subsection 2, paragraph a, Code 2017,
6is amended to read as follows:
7a. The individual shall be disqualified for benefits
8 disqualification shall continue until the individual has worked
9in and has been paid wages for insured work equal to ten times
10the individual’s weekly benefit amount, provided the individual
11is otherwise eligible.
12 Sec. 3. Section 96.5, Code 2017, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 11. Incarceration — disqualified. If
15the department finds that the individual became separated
16from employment due to the individual’s incarceration in a
17jail, municipal holding facility, or correctional institution
18or facility. The disqualification shall continue until the
19individual has worked in and has been paid wages for insured
20work equal to ten times the individual’s weekly benefit amount,
21provided the individual is otherwise eligible.
22 NEW SUBSECTION. 12. Supplemental part-time employment. If
23the department finds that an individual is disqualified for
24benefits under subsection 1 or 2 based on the nature of the
25individual’s separation from supplemental part-time employment,
26all wages paid by the supplemental part-time employer to that
27individual in any quarter which are chargeable following a
28disqualifying separation under subsection 1 or 2 shall not be
29considered wages credited to the individual until such time
30as the individual meets the conditions of requalification
31as provided for in this chapter, or until the period of
32disqualification provided for in this chapter has elapsed.
33 Sec. 4. Section 96.6, subsection 2, Code 2017, is amended
34to read as follows:
352. Initial determination. A representative designated by
-1-1the director shall promptly notify all interested parties to
2the claim of its filing, and the parties have ten days from
3the date of mailing the notice of the filing of the claim by
4ordinary mail to the last known address to protest payment of
5benefits to the claimant. The representative shall promptly
6examine the claim and any protest, take the initiative to
7ascertain relevant information concerning the claim, and, on
8the basis of the facts found by the representative, shall
9determine whether or not the claim is valid, the week with
10respect to which benefits shall commence, the weekly benefit
11amount payable and its maximum duration, and whether any
12disqualification shall be imposed. The claimant has the burden
13of proving that the claimant meets the basic eligibility
14conditions of section 96.4. The employer has the burden of
15proving that the claimant is disqualified for benefits pursuant
16to section 96.5, except as provided by this subsection. The
17claimant has the initial burden to produce evidence showing
18that the claimant is not disqualified for benefits in cases
19involving section 96.5, subsection subsections 10 and 11, and
20has the burden of proving that a voluntary quit pursuant to
21section 96.5, subsection 1, was for good cause attributable
22to the employer and that the claimant is not disqualified
23for benefits in cases involving section 96.5, subsection 1,
24paragraphs “a” through “h”. Unless the claimant or other
25interested party, after notification or within ten calendar
26days after notification was mailed to the claimant’s last
27known address, files an appeal from the decision, the decision
28is final and benefits shall be paid or denied in accordance
29with the decision. If an administrative law judge affirms a
30decision of the representative, or the appeal board affirms a
31decision of the administrative law judge allowing benefits,
32the benefits shall be paid regardless of any appeal which is
33thereafter taken, but if the decision is finally reversed,
34no employer’s account shall be charged with benefits so paid
35and this relief from charges shall apply to both contributory
-2-1and reimbursable employers, notwithstanding section 96.8,
2subsection 5.
3 Sec. 5. EFFECTIVE DATE. This Act takes effect July 2, 2017.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill provides that an individual disqualified for
8unemployment benefits is disqualified for benefits regardless
9of the source of the individual’s wage credits.
10The bill provides that if the department of workforce
11development finds that an individual became separated from
12employment due to the individual’s incarceration in a jail,
13municipal holding facility, or correctional institution or
14facility, the individual shall be disqualified from benefits.
15The bill provides that the disqualification shall continue
16until the individual has worked in and has been paid wages for
17insured work equal to 10 times the individual’s weekly benefit
18amount, provided the individual is otherwise eligible. The
19bill provides that an individual claiming benefits bears the
20legal burden to prove that the individual is not disqualified
21from benefits due to such incarceration.
22The bill provides that if the department of workforce
23development finds that an individual is disqualified for
24unemployment benefits due to voluntarily quitting employment
25or a discharge for misconduct, based on the nature of the
26individual’s separation from supplemental part-time employment,
27all wages paid by the supplemental part-time employer to that
28individual in any quarter which are chargeable following such
29a disqualification shall not be considered wages credited to
30the individual until such time as the individual meets the
31conditions of requalification as provided for in Code chapter
3296, or until the period of disqualification provided for in
33Code chapter 96 has elapsed.
34The bill takes effect July 2, 2017.
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2unemployment benefits and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.5, unnumbered paragraph 1, Code 2017,
2is amended to read as follows:
3An individual shall be disqualified for benefits, regardless
4of the source of the individual’s wage credits:
5 Sec. 2. Section 96.5, subsection 2, paragraph a, Code 2017,
6is amended to read as follows:
7a. The individual shall be disqualified for benefits
8 disqualification shall continue until the individual has worked
9in and has been paid wages for insured work equal to ten times
10the individual’s weekly benefit amount, provided the individual
11is otherwise eligible.
12 Sec. 3. Section 96.5, Code 2017, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 11. Incarceration — disqualified. If
15the department finds that the individual became separated
16from employment due to the individual’s incarceration in a
17jail, municipal holding facility, or correctional institution
18or facility. The disqualification shall continue until the
19individual has worked in and has been paid wages for insured
20work equal to ten times the individual’s weekly benefit amount,
21provided the individual is otherwise eligible.
22 NEW SUBSECTION. 12. Supplemental part-time employment. If
23the department finds that an individual is disqualified for
24benefits under subsection 1 or 2 based on the nature of the
25individual’s separation from supplemental part-time employment,
26all wages paid by the supplemental part-time employer to that
27individual in any quarter which are chargeable following a
28disqualifying separation under subsection 1 or 2 shall not be
29considered wages credited to the individual until such time
30as the individual meets the conditions of requalification
31as provided for in this chapter, or until the period of
32disqualification provided for in this chapter has elapsed.
33 Sec. 4. Section 96.6, subsection 2, Code 2017, is amended
34to read as follows:
352. Initial determination. A representative designated by
-1-1the director shall promptly notify all interested parties to
2the claim of its filing, and the parties have ten days from
3the date of mailing the notice of the filing of the claim by
4ordinary mail to the last known address to protest payment of
5benefits to the claimant. The representative shall promptly
6examine the claim and any protest, take the initiative to
7ascertain relevant information concerning the claim, and, on
8the basis of the facts found by the representative, shall
9determine whether or not the claim is valid, the week with
10respect to which benefits shall commence, the weekly benefit
11amount payable and its maximum duration, and whether any
12disqualification shall be imposed. The claimant has the burden
13of proving that the claimant meets the basic eligibility
14conditions of section 96.4. The employer has the burden of
15proving that the claimant is disqualified for benefits pursuant
16to section 96.5, except as provided by this subsection. The
17claimant has the initial burden to produce evidence showing
18that the claimant is not disqualified for benefits in cases
19involving section 96.5, subsection subsections 10 and 11, and
20has the burden of proving that a voluntary quit pursuant to
21section 96.5, subsection 1, was for good cause attributable
22to the employer and that the claimant is not disqualified
23for benefits in cases involving section 96.5, subsection 1,
24paragraphs “a” through “h”. Unless the claimant or other
25interested party, after notification or within ten calendar
26days after notification was mailed to the claimant’s last
27known address, files an appeal from the decision, the decision
28is final and benefits shall be paid or denied in accordance
29with the decision. If an administrative law judge affirms a
30decision of the representative, or the appeal board affirms a
31decision of the administrative law judge allowing benefits,
32the benefits shall be paid regardless of any appeal which is
33thereafter taken, but if the decision is finally reversed,
34no employer’s account shall be charged with benefits so paid
35and this relief from charges shall apply to both contributory
-2-1and reimbursable employers, notwithstanding section 96.8,
2subsection 5.
3 Sec. 5. EFFECTIVE DATE. This Act takes effect July 2, 2017.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill provides that an individual disqualified for
8unemployment benefits is disqualified for benefits regardless
9of the source of the individual’s wage credits.
10The bill provides that if the department of workforce
11development finds that an individual became separated from
12employment due to the individual’s incarceration in a jail,
13municipal holding facility, or correctional institution or
14facility, the individual shall be disqualified from benefits.
15The bill provides that the disqualification shall continue
16until the individual has worked in and has been paid wages for
17insured work equal to 10 times the individual’s weekly benefit
18amount, provided the individual is otherwise eligible. The
19bill provides that an individual claiming benefits bears the
20legal burden to prove that the individual is not disqualified
21from benefits due to such incarceration.
22The bill provides that if the department of workforce
23development finds that an individual is disqualified for
24unemployment benefits due to voluntarily quitting employment
25or a discharge for misconduct, based on the nature of the
26individual’s separation from supplemental part-time employment,
27all wages paid by the supplemental part-time employer to that
28individual in any quarter which are chargeable following such
29a disqualification shall not be considered wages credited to
30the individual until such time as the individual meets the
31conditions of requalification as provided for in Code chapter
3296, or until the period of disqualification provided for in
33Code chapter 96 has elapsed.
34The bill takes effect July 2, 2017.
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