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House File 533 - ReprintedA 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.
15a. If the department finds that the individual became
16separated from employment due to the individual’s incarceration
17in a jail, municipal holding facility, or correctional
18institution or facility, unless the department finds all of the
19following:
20(1) The individual notified the employer that the
21individual would be absent from work due to the individual’s
22incarceration prior to any such absence.
23(2) Criminal charges relating to the incarceration were
24not filed against the individual, all criminal charges against
25the individual relating to the incarceration were dismissed,
26or the individual was found not guilty of all criminal charges
27relating to the incarceration.
28(3) The individual reported back to the employer within two
29work days of the individual’s release from incarceration and
30offered services.
31(4) The employer rejected the individual’s offer of
32services.
33b. A disqualification under this subsection shall continue
34until the individual has worked in and has been paid wages for
35insured work equal to ten times the individual’s weekly benefit
-1-1amount, provided the individual is otherwise eligible.
2 NEW SUBSECTION. 12. Supplemental part-time employment. If
3the department finds that an individual is disqualified for
4benefits under subsection 1 or 2 based on the nature of the
5individual’s separation from supplemental part-time employment,
6all wages paid by the supplemental part-time employer to that
7individual in any quarter which are chargeable following a
8disqualifying separation under subsection 1 or 2 shall not be
9considered wages credited to the individual until such time
10as the individual meets the conditions of requalification
11as provided for in this chapter, or until the period of
12disqualification provided for in this chapter has elapsed.
13 Sec. 4. Section 96.6, subsection 2, Code 2017, is amended
14to read as follows:
152. Initial determination. A representative designated by
16the director shall promptly notify all interested parties to
17the claim of its filing, and the parties have ten days from
18the date of mailing the notice of the filing of the claim by
19ordinary mail to the last known address to protest payment of
20benefits to the claimant. The representative shall promptly
21examine the claim and any protest, take the initiative to
22ascertain relevant information concerning the claim, and, on
23the basis of the facts found by the representative, shall
24determine whether or not the claim is valid, the week with
25respect to which benefits shall commence, the weekly benefit
26amount payable and its maximum duration, and whether any
27disqualification shall be imposed. The claimant has the burden
28of proving that the claimant meets the basic eligibility
29conditions of section 96.4. The employer has the burden of
30proving that the claimant is disqualified for benefits pursuant
31to section 96.5, except as provided by this subsection. The
32claimant has the initial burden to produce evidence showing
33that the claimant is not disqualified for benefits in cases
34involving section 96.5, subsection subsections 10 and 11, and
35has the burden of proving that a voluntary quit pursuant to
-2-1section 96.5, subsection 1, was for good cause attributable
2to the employer and that the claimant is not disqualified
3for benefits in cases involving section 96.5, subsection 1,
4paragraphs “a” through “h”. Unless the claimant or other
5interested party, after notification or within ten calendar
6days after notification was mailed to the claimant’s last
7known address, files an appeal from the decision, the decision
8is final and benefits shall be paid or denied in accordance
9with the decision. If an administrative law judge affirms a
10decision of the representative, or the appeal board affirms a
11decision of the administrative law judge allowing benefits,
12the benefits shall be paid regardless of any appeal which is
13thereafter taken, but if the decision is finally reversed,
14no employer’s account shall be charged with benefits so paid
15and this relief from charges shall apply to both contributory
16and reimbursable employers, notwithstanding section 96.8,
17subsection 5.
18 Sec. 5. EFFECTIVE DATE. This Act takes effect July 2, 2017.
je/rj/md
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.
15a. If the department finds that the individual became
16separated from employment due to the individual’s incarceration
17in a jail, municipal holding facility, or correctional
18institution or facility, unless the department finds all of the
19following:
20(1) The individual notified the employer that the
21individual would be absent from work due to the individual’s
22incarceration prior to any such absence.
23(2) Criminal charges relating to the incarceration were
24not filed against the individual, all criminal charges against
25the individual relating to the incarceration were dismissed,
26or the individual was found not guilty of all criminal charges
27relating to the incarceration.
28(3) The individual reported back to the employer within two
29work days of the individual’s release from incarceration and
30offered services.
31(4) The employer rejected the individual’s offer of
32services.
33b. A disqualification under this subsection shall continue
34until the individual has worked in and has been paid wages for
35insured work equal to ten times the individual’s weekly benefit
-1-1amount, provided the individual is otherwise eligible.
2 NEW SUBSECTION. 12. Supplemental part-time employment. If
3the department finds that an individual is disqualified for
4benefits under subsection 1 or 2 based on the nature of the
5individual’s separation from supplemental part-time employment,
6all wages paid by the supplemental part-time employer to that
7individual in any quarter which are chargeable following a
8disqualifying separation under subsection 1 or 2 shall not be
9considered wages credited to the individual until such time
10as the individual meets the conditions of requalification
11as provided for in this chapter, or until the period of
12disqualification provided for in this chapter has elapsed.
13 Sec. 4. Section 96.6, subsection 2, Code 2017, is amended
14to read as follows:
152. Initial determination. A representative designated by
16the director shall promptly notify all interested parties to
17the claim of its filing, and the parties have ten days from
18the date of mailing the notice of the filing of the claim by
19ordinary mail to the last known address to protest payment of
20benefits to the claimant. The representative shall promptly
21examine the claim and any protest, take the initiative to
22ascertain relevant information concerning the claim, and, on
23the basis of the facts found by the representative, shall
24determine whether or not the claim is valid, the week with
25respect to which benefits shall commence, the weekly benefit
26amount payable and its maximum duration, and whether any
27disqualification shall be imposed. The claimant has the burden
28of proving that the claimant meets the basic eligibility
29conditions of section 96.4. The employer has the burden of
30proving that the claimant is disqualified for benefits pursuant
31to section 96.5, except as provided by this subsection. The
32claimant has the initial burden to produce evidence showing
33that the claimant is not disqualified for benefits in cases
34involving section 96.5, subsection subsections 10 and 11, and
35has the burden of proving that a voluntary quit pursuant to
-2-1section 96.5, subsection 1, was for good cause attributable
2to the employer and that the claimant is not disqualified
3for benefits in cases involving section 96.5, subsection 1,
4paragraphs “a” through “h”. Unless the claimant or other
5interested party, after notification or within ten calendar
6days after notification was mailed to the claimant’s last
7known address, files an appeal from the decision, the decision
8is final and benefits shall be paid or denied in accordance
9with the decision. If an administrative law judge affirms a
10decision of the representative, or the appeal board affirms a
11decision of the administrative law judge allowing benefits,
12the benefits shall be paid regardless of any appeal which is
13thereafter taken, but if the decision is finally reversed,
14no employer’s account shall be charged with benefits so paid
15and this relief from charges shall apply to both contributory
16and reimbursable employers, notwithstanding section 96.8,
17subsection 5.
18 Sec. 5. EFFECTIVE DATE. This Act takes effect July 2, 2017.
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