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House File 533 - EnrolledAn Actrelating to disqualification from eligibility for
unemployment benefits and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 96.5, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
An individual shall be disqualified for benefits, regardless
of the source of the individual’s wage credits:
Sec. 2. Section 96.5, subsection 2, paragraph a, Code 2017,
is amended to read as follows:
a. The individual shall be disqualified for benefits
disqualification shall continue until the individual has worked
in and has been paid wages for insured work equal to ten times
the individual’s weekly benefit amount, provided the individual
is otherwise eligible.
Sec. 3. Section 96.5, Code 2017, is amended by adding the
following new subsections:
NEW SUBSECTION. 11. Incarceration — disqualified.
a. If the department finds that the individual became
separated from employment due to the individual’s incarceration
in a jail, municipal holding facility, or correctional
institution or facility, unless the department finds all of the
following:
(1) The individual notified the employer that the
individual would be absent from work due to the individual’s
incarceration prior to any such absence.
(2) Criminal charges relating to the incarceration were
not filed against the individual, all criminal charges against
the individual relating to the incarceration were dismissed,
or the individual was found not guilty of all criminal charges
relating to the incarceration.
(3) The individual reported back to the employer within two
work days of the individual’s release from incarceration and
offered services.
(4) The employer rejected the individual’s offer of
services.
b. A disqualification under this subsection shall continue
until the individual has worked in and has been paid wages for
insured work equal to ten times the individual’s weekly benefit
-1-amount, provided the individual is otherwise eligible.
NEW SUBSECTION. 12. Supplemental part-time employment. If
the department finds that an individual is disqualified for
benefits under subsection 1 or 2 based on the nature of the
individual’s separation from supplemental part-time employment,
all wages paid by the supplemental part-time employer to that
individual in any quarter which are chargeable following a
disqualifying separation under subsection 1 or 2 shall not be
considered wages credited to the individual until such time
as the individual meets the conditions of requalification
as provided for in this chapter, or until the period of
disqualification provided for in this chapter has elapsed.
Sec. 4. Section 96.6, subsection 2, Code 2017, is amended
to read as follows:
2. Initial determination. A representative designated by
the director shall promptly notify all interested parties to
the claim of its filing, and the parties have ten days from
the date of mailing the notice of the filing of the claim by
ordinary mail to the last known address to protest payment of
benefits to the claimant. The representative shall promptly
examine the claim and any protest, take the initiative to
ascertain relevant information concerning the claim, and, on
the basis of the facts found by the representative, shall
determine whether or not the claim is valid, the week with
respect to which benefits shall commence, the weekly benefit
amount payable and its maximum duration, and whether any
disqualification shall be imposed. The claimant has the burden
of proving that the claimant meets the basic eligibility
conditions of section 96.4. The employer has the burden of
proving that the claimant is disqualified for benefits pursuant
to section 96.5, except as provided by this subsection. The
claimant has the initial burden to produce evidence showing
that the claimant is not disqualified for benefits in cases
involving section 96.5, subsection subsections 10 and 11, and
has the burden of proving that a voluntary quit pursuant to
-2-section 96.5, subsection 1, was for good cause attributable
to the employer and that the claimant is not disqualified
for benefits in cases involving section 96.5, subsection 1,
paragraphs “a” through “h”. Unless the claimant or other
interested party, after notification or within ten calendar
days after notification was mailed to the claimant’s last
known address, files an appeal from the decision, the decision
is final and benefits shall be paid or denied in accordance
with the decision. If an administrative law judge affirms a
decision of the representative, or the appeal board affirms a
decision of the administrative law judge allowing benefits,
the benefits shall be paid regardless of any appeal which is
thereafter taken, but if the decision is finally reversed,
no employer’s account shall be charged with benefits so paid
and this relief from charges shall apply to both contributory
and reimbursable employers, notwithstanding section 96.8,
subsection 5.
Sec. 5. EFFECTIVE DATE. This Act takes effect July 2, 2017.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 533, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorje/rj/md
unemployment benefits and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 96.5, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
An individual shall be disqualified for benefits, regardless
of the source of the individual’s wage credits:
Sec. 2. Section 96.5, subsection 2, paragraph a, Code 2017,
is amended to read as follows:
a. The individual shall be disqualified for benefits
disqualification shall continue until the individual has worked
in and has been paid wages for insured work equal to ten times
the individual’s weekly benefit amount, provided the individual
is otherwise eligible.
Sec. 3. Section 96.5, Code 2017, is amended by adding the
following new subsections:
NEW SUBSECTION. 11. Incarceration — disqualified.
a. If the department finds that the individual became
separated from employment due to the individual’s incarceration
in a jail, municipal holding facility, or correctional
institution or facility, unless the department finds all of the
following:
(1) The individual notified the employer that the
individual would be absent from work due to the individual’s
incarceration prior to any such absence.
(2) Criminal charges relating to the incarceration were
not filed against the individual, all criminal charges against
the individual relating to the incarceration were dismissed,
or the individual was found not guilty of all criminal charges
relating to the incarceration.
(3) The individual reported back to the employer within two
work days of the individual’s release from incarceration and
offered services.
(4) The employer rejected the individual’s offer of
services.
b. A disqualification under this subsection shall continue
until the individual has worked in and has been paid wages for
insured work equal to ten times the individual’s weekly benefit
-1-amount, provided the individual is otherwise eligible.
NEW SUBSECTION. 12. Supplemental part-time employment. If
the department finds that an individual is disqualified for
benefits under subsection 1 or 2 based on the nature of the
individual’s separation from supplemental part-time employment,
all wages paid by the supplemental part-time employer to that
individual in any quarter which are chargeable following a
disqualifying separation under subsection 1 or 2 shall not be
considered wages credited to the individual until such time
as the individual meets the conditions of requalification
as provided for in this chapter, or until the period of
disqualification provided for in this chapter has elapsed.
Sec. 4. Section 96.6, subsection 2, Code 2017, is amended
to read as follows:
2. Initial determination. A representative designated by
the director shall promptly notify all interested parties to
the claim of its filing, and the parties have ten days from
the date of mailing the notice of the filing of the claim by
ordinary mail to the last known address to protest payment of
benefits to the claimant. The representative shall promptly
examine the claim and any protest, take the initiative to
ascertain relevant information concerning the claim, and, on
the basis of the facts found by the representative, shall
determine whether or not the claim is valid, the week with
respect to which benefits shall commence, the weekly benefit
amount payable and its maximum duration, and whether any
disqualification shall be imposed. The claimant has the burden
of proving that the claimant meets the basic eligibility
conditions of section 96.4. The employer has the burden of
proving that the claimant is disqualified for benefits pursuant
to section 96.5, except as provided by this subsection. The
claimant has the initial burden to produce evidence showing
that the claimant is not disqualified for benefits in cases
involving section 96.5, subsection subsections 10 and 11, and
has the burden of proving that a voluntary quit pursuant to
-2-section 96.5, subsection 1, was for good cause attributable
to the employer and that the claimant is not disqualified
for benefits in cases involving section 96.5, subsection 1,
paragraphs “a” through “h”. Unless the claimant or other
interested party, after notification or within ten calendar
days after notification was mailed to the claimant’s last
known address, files an appeal from the decision, the decision
is final and benefits shall be paid or denied in accordance
with the decision. If an administrative law judge affirms a
decision of the representative, or the appeal board affirms a
decision of the administrative law judge allowing benefits,
the benefits shall be paid regardless of any appeal which is
thereafter taken, but if the decision is finally reversed,
no employer’s account shall be charged with benefits so paid
and this relief from charges shall apply to both contributory
and reimbursable employers, notwithstanding section 96.8,
subsection 5.
Sec. 5. EFFECTIVE DATE. This Act takes effect July 2, 2017.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 533, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorje/rj/md