YES:
MR. SPEAKER:
Your Committee on Labor and Employment , to which was referred House Bill
1558 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Delete everything after the enacting clause and insert the following:
such individuals were established. However, when an individual's
claim has been computed for the purpose of determining his the
individual's regular benefit rights, maximum regular benefit amount,
and the proportion of such maximum amount to be charged to the
experience or reimbursable accounts of respective chargeable
employers in the base period, the experience or reimbursable account
of any employer charged with regular benefits paid shall not be
credited or recredited with any portion of such maximum amount
because of any portion of such individual's wage credits remaining
uncharged at the expiration of his the individual's benefit period. The
maximum so charged against the account of any employer shall not
exceed twenty-eight percent (28%) of the total wage credits of such
individual with each such employer with which wage credits were
established during such individual's base period. Benefits paid under
provisions of
IC 22-4-22-3
in excess of the amount that the claimant
would have been monetarily eligible for under other provisions of this
article shall be paid from the fund and not charged to the experience
account of any employer. however, This exception shall not apply to
those employers electing to make payments in lieu of contributions
who shall be charged for all benefit payments which are attributable to
service in their employ. Irrespective of the twenty-eight percent (28%)
maximum limitation provided for in this section, any extended benefits
paid to an eligible individual based on service with a governmental
entity of this state or its political subdivisions shall be charged to the
experience or reimbursable accounts of the employers, and fifty percent
(50%) of any extended benefits paid to an eligible individual shall be
charged to the experience or reimbursable accounts of his the
individual's employers in his the individual's base period, other than
governmental entities of this state or its political subdivisions, in the
same proportion and sequence as are provided in this section for
regular benefits paid. Additional benefits paid under
IC 22-4-12-4
(c)
and benefits paid under
IC 22-4-15-1
(c)(8) shall:
(1) be paid from the fund; and
(2) not be charged to the experience account or the reimbursable
account of any employer.
(b) If the aggregate of wages paid to an individual by two (2) or
more employers during the same calendar quarter exceeds the
maximum wage credits (as defined in
IC 22-4-4-3
) then the experience
or reimbursable account of each such employer shall be charged in the
ratio which the amount of wage credits from such employer bears to the
total amount of wage credits during the base period.
(c) When wage records show that an individual has been employed
by two (2) or more employers during the same calendar quarter of the
base period but do not indicate both that such employment was
consecutive and the order of sequence thereof, then and in such cases
it shall be deemed that the employer with whom the individual
established a plurality of wage credits in such calendar quarter is the
most recent employer in such quarter and its experience or
reimbursable account shall be first charged with benefits paid to such
individual. The experience or reimbursable account of the employer
with whom the next highest amount of wage credits were established
shall be charged secondly and the experience or reimbursable accounts
of other employers during such quarters, if any, shall likewise be
charged in order according to plurality of wage credits established by
such individual.
(d) Except as provided in subsection (f), if an individual:
(1) voluntarily leaves an employer without good cause in
connection with the work; or
(2) is discharged from an employer for just cause;
wage credits earned with the employer from whom the employee has
separated under these conditions shall be used to compute the
claimant's eligibility for benefits, but charges based on such wage
credits shall be paid from the fund and not charged to the experience
account of any employer. However, this exception shall not apply to
those employers who elect to make payments in lieu of contributions,
who shall be charged for all benefit payments which are attributable to
service in their employ.
(e) Any nonprofit organization which elects to make payments in
lieu of contributions into the unemployment compensation fund as
provided in this article is not liable to make the payments with respect
to the benefits paid to any individual whose base period wages include
wages for previously uncovered services as defined in
IC 22-4-4-4
, nor
is the experience account of any other employer liable for charges for
benefits paid the individual to the extent that the unemployment
compensation fund is reimbursed for these benefits pursuant to Section
121 of P.L.94-566. Payments which otherwise would have been
chargeable to the reimbursable or contributing employers shall be
charged to the fund.
(f) If an individual:
(1) earns wages during his the individual's base period through
employment with two (2) or more employers concurrently;
(2) is separated from work by one (1) of the employers for reasons
that would not result in disqualification under
IC 22-4-15-1
; and
(3) continues to work for one (1) or more of the other employers
after the end of the base period and continues to work during the
applicable benefit year on substantially the same basis as during
the base period;
wage credits earned with the base period employers shall be used to
compute the claimant's eligibility for benefits, but charges based on the
wage credits from the employer who continues to employ the individual
shall be charged to the experience or reimbursable account of the
separating employer.
(g) Subsection (f) does not affect the eligibility of a claimant who
otherwise qualifies for benefits nor the computation of his benefits.
(h) Unemployment benefits paid shall not be charged to the
experience account of a base period employer when the claimant's
unemployment from the employer was a direct result of the
condemnation of property by a municipal corporation (as defined in
IC 36-1-2-10
), the state, or the federal government, a fire, a flood, or an
act of nature, when at least fifty percent (50%) of the employer's
employees, including the claimant, became unemployed as a result.
This exception does not apply when the unemployment was an
intentional result of the employer or a person acting on behalf of the
employer.
individual who is attending a regularly established school, has
been regularly employed and upon becoming unemployed makes
an effort to secure full-time work and holds himself is available
for suitable full-time work with the individual's last employer, or
holds himself is available for any other full-time employment
deemed suitable.
(c) (d) Notwithstanding any other provisions in this section or
IC 22-4-15-2
, no otherwise eligible individual shall be denied benefits
for any week because the individual is in training with the approval of
the department, nor shall such individual be denied benefits with
respect to any week in which the individual is in training with the
approval of the department by reason of the application of the
provisions of this section with respect to the availability for work or
active search for work or by reason of the application of the provisions
of
IC 22-4-15-2
relating to failure to apply for, or the refusal to accept,
suitable work. The board shall by rule prescribe the conditions under
which approval of such training will be granted.
amount may not be reduced by more than twenty-five percent (25%)
during any benefit period or extended benefit period.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
(1) An individual shall not be subject to disqualification because
of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions; and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not be
deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with the
work, the individual shall be deemed ineligible as outlined in this
section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved under
Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable employment,
or because of the application to any week in training of provisions
in this law (or any applicable federal unemployment
compensation law), relating to availability for work, active search
for work, or refusal to accept work. For purposes of this
subdivision, the term "suitable employment" means with respect
to an individual, work of a substantially equal or higher skill level
than the individual's past adversely affected employment (as
defined for purposes of the Trade Act of 1974), and wages for
such work at not less than eighty percent (80%) of the individual's
average weekly wage as determined for the purposes of the Trade
Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established under
this subdivision shall not be charged against the employer from
whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due
to circumstances directly caused by domestic or family
violence (as defined in
IC 31-9-2-42
). An individual who may
be entitled to benefits based on this modification may apply to
the office of the attorney general to have an address
designated by the office of the attorney general to serve as the
individual's address for purposes of this article under
IC 5-26.5.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer;
(3) unsatisfactory attendance, if the individual cannot show good
cause for absences or tardiness;
(4) damaging the employer's property through willful negligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) conduct endangering safety of self or coworkers; or
(8) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction or for any breach of
duty in connection with work which is reasonably owed an
employer by an employee.
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or the
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns remuneration in employment
equal to or exceeding the weekly benefit amount of the individual's
claim in each of eight (8) weeks. If the qualification amount has not
been earned at the expiration of an individual's benefit period, the
unearned amount shall be carried forward to an extended benefit period
or to the benefit period of a subsequent claim.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
twenty-five percent (25%). If twenty-five percent (25%) of the
maximum benefit amount is not an even dollar amount, the amount of
such reduction shall be raised to the next higher even dollar amount.
The maximum benefit amount of the individual's current claim may not
be reduced by more than twenty-five percent (25%) during any benefit
period or extended benefit period.
(e) In determining whether or not any such work is suitable for an
individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety,
and morals;
(2) the individual's physical fitness and prior training and
experience;
(3) the individual's length of unemployment and prospects for
securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's
residence.
conditions:
(1) If the gross average weekly remuneration payable to the
individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the
individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment
compensation benefits (as defined in Section 501(c)(17)(D) of
the Internal Revenue Code) payable to the individual for such
week.
(2) If the position was not offered to the individual in writing or
was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation
under the provisions of this article to the extent that such
provisions are not inconsistent with the applicable federal law.
(4) If the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (The
Fair Labor Standards Act of 1938), without regard to any
exemption; or
(B) the state minimum wage (IC 22-2-2).
(i) The department of workforce development shall refer individuals
eligible for extended benefits to any suitable work (as defined in
subsection (g)) to which subsection (h) would not apply.
determination. Unless the individual, within twenty (20) days after such
determination was mailed to the individual's last known address, or
otherwise delivered to the individual, asks a hearing thereon before an
administrative law judge, such determination shall be final and benefits
shall be paid or denied in accordance therewith.
(b) Except as provided in subsection (i), the department shall
promptly furnish each employer in the base period whose experience
or reimbursable account is potentially chargeable with benefits to be
paid to such individual with a notice in writing of the employer's
benefit liability. Such notice shall contain the date, the name and social
security account number of the individual, the ending date of the
individual's base period, and the week ending date of the first week of
the individual's benefit period. Such notice shall further contain
information as to the proportion of benefits chargeable to the
employer's experience or reimbursable account in ratio to the earnings
of such individual from such employer. Unless the employer, within
twenty (20) days after such notice of benefit liability was mailed to the
employer's last known address, or otherwise delivered to the employer,
asks a hearing thereon before an administrative law judge, such
determination shall be final and benefits paid shall be charged in
accordance therewith.
(c) An employing unit, including an employer, having knowledge
of any facts which may affect an individual's eligibility or right to
waiting period credits or benefits, shall notify the department of such
facts within twenty (20) days after the mailing of notice that a former
employee has filed an initial or additional claim for benefits on a form
prescribed by the board.
(d) In addition to the foregoing determination of insured status by
the department, the deputy shall, throughout the benefit period,
determine the claimant's eligibility with respect to each week for which
the claimant claims waiting period credit or benefit rights, the validity
of the claimant's claim therefor, and the cause for which the claimant
left the claimant's work, or may refer such claim to an administrative
law judge who shall make the initial determination with respect thereto
in accordance with the procedure in
IC 22-4-17-3.
(e) In cases where the claimant's benefit eligibility or
disqualification is disputed, the department shall promptly notify the
claimant and the employer or employers directly involved or connected
with the issue raised as to the validity of such claim, the eligibility of
the claimant for waiting period credit or benefits, or the imposition of
a disqualification period or penalty, or the denial thereof, and of the
cause for which the claimant left the claimant's work, of such
determination and the reasons thereof. Except as otherwise hereinafter
provided in this subsection regarding parties located in Alaska, Hawaii,
and Puerto Rico, unless the claimant or such employer, within twenty
(20) days after such notification was mailed to the claimant's or the
employer's last known address, or otherwise delivered to the claimant
or the employer, asks a hearing before an administrative law judge
thereon, such decision shall be final and benefits shall be paid or
denied in accordance therewith. With respect to notice of disputed
administrative determination or decision mailed or otherwise delivered
to the claimant or employer either of whom is located in Alaska,
Hawaii, or Puerto Rico, unless such claimant or employer, within
twenty-five (25) days after such notification was mailed to the
claimant's or employer's last known address or otherwise delivered to
the claimant or employer, asks a hearing before an administrative law
judge thereon, such decision shall be final and benefits shall be paid or
denied in accordance therewith. If such hearing is desired, the request
therefor shall be filed with the commissioner in writing within the
prescribed periods as above set forth in this subsection and shall be in
such form as the board may prescribe. In the event a hearing is
requested by an employer or the department after it has been
administratively determined that benefits should be allowed to a
claimant, entitled benefits shall continue to be paid to said claimant
unless said administrative determination has been reversed by a due
process hearing. Benefits with respect to any week not in dispute shall
be paid promptly regardless of any appeal.
(f) No person may participate on behalf of the department in any
case in which the person is an interested party.
(g) Solely on the ground of obvious administrative error appearing
on the face of an original determination, and within the benefit year of
the affected claims, the commissioner, or a representative authorized
by the commissioner to act in the commissioner's behalf, may
reconsider and direct the deputy to revise the original determination so
as to correct the obvious error appearing therein. Time for filing an
appeal and requesting a hearing before an administrative law judge
regarding the determinations handed down pursuant to this subsection
shall begin on the date following the date of revision of the original
determination and shall be filed with the commissioner in writing
within the prescribed periods as above set forth in subsection (c).
(h) Notice to the employer and the claimant that the determination
of the department is final if a hearing is not requested shall be
prominently displayed on the notice of the determination which is sent
to the employer and the claimant.
(i) If an allegation of the applicability of
IC 22-4-15-1
(c)(8) is
made by the individual at the time of the claim for benefits, the
department shall not notify the employer that a claim for benefits
has been made.
U.S.C. 1501 et seq.), or private nonprofit organization.
(8) Enter into contracts or agreements and cooperate with entities
that provide vocational education to carry out the duties imposed
by this chapter.
(c) The department of workforce development may not enter into
contracts for the delivery of services to claimants or employers under
the unemployment insurance program. The payment of unemployment
compensation must be made in accordance with 26 U.S.C. 3304.
(d) The department of workforce development may do all acts and
things necessary or proper to carry out the powers expressly granted
under this article, including the adoption of rules under
IC 4-22-2.
(e) The department of workforce development may not charge any
claimant for benefits for providing services under this article, except
as provided in
IC 22-4-17-12.
(f) The department of workforce development shall distribute
federal funds made available for employment training in accordance
with:
(1) 29 U.S.C. 2801 et seq., 29 U.S.C. 1501 et seq., and other
applicable federal laws; and
(2) the plan prepared by the department under subsection (g)(1).
However, the Indiana commission on vocational and technical
education within the department of workforce development shall
distribute federal funds received under 29 U.S.C. 1533.
(g) In addition to the duties prescribed in subsections (a) through
(f), the department of workforce development shall do the following:
(1) Implement to the best of its ability its employment training
programs (as defined in
IC 20-1-18.3-3
), the comprehensive
vocational education program in Indiana developed under the
long range plan under
IC 20-1-18.3-10
, and the skills 2016
training program established under
IC 22-4-10.5.
(2) Upon request of the budget director, prepare a legislative
budget request for state and federal funds for employment
training. The budget director shall determine the period to be
covered by the budget request.
(3) Evaluate its programs according to criteria established by the
Indiana commission on vocational and technical education within
the department of workforce development under
IC 20-1-18.3-13.
prior calendar year to the legislative council before June 30 of each
year.
employer or any other person. Disclosure is subject to the following
restrictions:
(1) The claimant must be notified before any release of
information.
(2) Any disclosure is subject to redaction of unnecessary
identifying information including the claimant's address.
(g) An employee:
(1) of the department who recklessly violates subsection (a), (c),
(d), or (e), or (f); or
(2) of any governmental entity listed in subsection (d)(4) of this
chapter who recklessly violates subsection (d)(4) of this chapter;
commits a Class B misdemeanor.
(g) (h) An employee of the department of commerce or the budget
agency who violates subsection (d) or (e) commits a Class B
misdemeanor.
and when so amended that said bill do pass.