Extends the duration of unemployment benefits

SECOND REGULAR SESSION
HOUSE BILL NO. 2494
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WEBER.
4347H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 288.060 as enacted by house bill no. 150, ninety-eighth general assembly ,
first regular session, and section 288.060 as enacted by house bill no. 163, ninety-sixth
general assembly , first regular session, and to enact in lieu thereof one new section
relating to employment security .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 288.060 as enacted by house bill no. 150, ninety-eighth general
2 assembly , first regular session, and section 288.060 as enacted by house bill no. 163, ninety-
3 sixth general assembly , first regular session, are repealed and one new section enacted in lieu
4 thereof, to be known as section 288.060, to read as follows:
[ 288.060. 1. All benefits shall be paid through employment of fices in
2 accordance with such regulations as the division may prescribe.
3 2. Each eligible insured worker who is totally unemployed in any
4 week shall be paid for such week a sum equal to his or her weekly benefit
5 amount.
6 3. Each eligible insured worker who is partially unemployed in any
7 week shall be paid for such week a partial benefit. Such partial benefit shall be
8 an amount equal to the dif ference between his or her weekly benefit amount
9 and that part of his or her wages for such week in excess of twenty dollars,
10 and, if such partial benefit amount is not a multiple of one dollar , such amount
11 shall be reduced to the nearest lower full dollar amount. For calendar year
12 2007 and each year thereafter , such partial benefit shall be an amount equal to
13 the dif ference between his or her weekly benefit amount and that part of his or
14 her wages for such week in excess of twenty dollars or twenty percent of his or
15 her weekly benefit amount, whichever is greater , and, if such partial benefit
16 amount is not a multiple of one dollar , such amount shall be reduced to the
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 nearest lower full dollar amount. Pay received by an eligible insured worker
18 who is a member of the or ganized militia for training or duty authorized by
19 Section 502(a)(1) of T itle 32, United States Code, shall not be considered
20 wages for the purpose of this subsection.
21 4. The division shall compute the wage credits for each individual by
22 crediting him or her with the wages paid to him or her for insured work during
23 each quarter of his or her base period or twenty-six times his or her weekly
24 benefit amount, whichever is the lesser . In addition, if a claimant receives
25 wages in the form of termination pay or severance pay and such payment
26 appears in a base period established by the filing of an initial claim, the
27 claimant may , at his or her option, choose to have such payment included in
28 the calendar quarter in which it was paid or choose to have it prorated equally
29 among the quarters comprising the base period of the claim. For the purpose
30 of this section, wages shall be counted as wage credits for any benefit year ,
31 only if such benefit year begins subsequent to the date on which the employing
32 unit by whom such wages were paid has become an employer . The wage
33 credits of an individual earned during the period commencing with the end of a
34 prior base period and ending on the date on which he or she filed an allowed
35 initial claim shall not be available for benefit purposes in a subsequent benefit
36 year unless, in addition thereto, such individual has subsequently earned either
37 wages for insured work in an amount equal to at least five times his or her
38 current weekly benefit amount or wages in an amount equal to at least ten
39 times his or her current weekly benefit amount.
40 5. The duration of benefits payable to any insured worker during any
41 benefit year shall be limited to:
42 (1) T wenty weeks if the Missouri average unemployment rate is nine
43 percent or higher;
44 (2) Nineteen weeks if the Missouri average unemployment rate is
45 between eight and one-half percent and nine percent;
46 (3) Eighteen weeks if the Missouri average unemployment rate is eight
47 percent up to and including eight and one-half percent;
48 (4) Seventeen weeks if the Missouri average unemployment rate is
49 between seven and one-half percent and eight percent;
50 (5) Sixteen weeks if the Missouri average unemployment rate is seven
51 percent up to and including seven and one-half percent;
52 (6) Fifteen weeks if the Missouri average unemployment rate is
53 between six and one-half percent and seven percent;
54 (7) Fourteen weeks if the Missouri average unemployment rate is six
55 percent up to and including six and one-half percent;
56 (8) Thirteen weeks if the Missouri average unemployment rate is
57 below six percent.
58
59 As used in this subsection, the phrase "Missouri average unemployment rate"
60 means the average of the seasonally adjusted statewide unemployment rates as
61 published by the United States Department of Labor , Bureau of Labor
62 Statistics, for the time periods of January first through March thirty-first and
63 July first through September thirtieth. The average of the seasonally adjusted
64 statewide unemployment rates for the time period of January first through
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65 March thirty-first shall be ef fective on and after July first of each year and
66 shall be ef fective through December thirty-first. The average of the seasonally
67 adjusted statewide unemployment rates for the time period of July first
68 through September thirtieth shall be ef fective on and after January first of each
69 year and shall be ef fective through June thirtieth; and
70 (9) The provisions of this subsection shall become effective January 1,
71 2016.
72 6. In the event that benefits are due a deceased person and no petition
73 has been filed for the probate of the will or for the administration of the estate
74 of such person within thirty days after his or her death, the division may by
75 regulation provide for the payment of such benefits to such person or persons
76 as the division finds entitled thereto and every such payment shall be a valid
77 payment to the same extent as if made to the legal representatives of the
78 deceased.
79 7. The division is authorized to cancel any benefit warrant remaining
80 outstanding and unpaid one year after the date of its issuance and there shall be
81 no liability for the payment of any such benefit warrant thereafter .
82 8. The division may establish an electronic funds transfer system to
83 transfer directly to claimants' accounts in financial institutions benefits payable
84 to them pursuant to this chapter . T o receive benefits by electronic funds
85 transfer , a claimant shall satisfactorily complete a direct deposit application
86 form authorizing the division to deposit benefit payments into a designated
87 checking or savings account. Any electronic funds transfer system created
88 pursuant to this subsection shall be administered in accordance with
89 regulations prescribed by the division.
90 9. The division may issue a benefit warrant covering more than one
91 week of benefits.
92 10. Prior to January 1, 2005, the division shall institute procedures
93 including, but not limited to, name, date of birth, and Social Security
94 verification matches for remote claims filing via the use of telephone or the
95 internet in accordance with such regulations as the division shall prescribe. At
96 a minimum, the division shall verify the Social Security number and date of
97 birth when an individual claimant initially files for unemployment insurance
98 benefits. If verification information does not match what is on file in division
99 databases to what the individual is stating, the division shall require the
100 claimant to submit a division-approved form requesting an af fidavit of
101 eligibility prior to the payment of additional future benefits. The division of
102 employment security shall cross-check unemployment compensation
1 0 3 applicants and recipients with Social Security Administration data
1 0 4 maintained by the federal government at least weekly . The division of
105 employment security shall cross-check at least monthly unemployment
106 compensation applicants and recipients with department of revenue drivers
107 license databases. ]
288.060. 1. All benefits shall be paid through employment offices in accordance with
2 such regulations as the division may prescribe.
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3 2. Each eligible insured worker who is totally unemployed in any week shall be paid
4 for such week a sum equal to his or her weekly benefit amount.
5 3. Each eligible insured worker who is partially unemployed in any week shall be
6 paid for such week a partial benefit. Such partial benefit shall be an amount equal to the
7 dif ference between his or her weekly benefit amount and that part of his or her wages for such
8 week in excess of twenty dollars, and, if such partial benefit amount is not a multiple of one
9 dollar , such amount shall be reduced to the nearest lower full dollar amount. For calendar
10 year 2007 and each year thereafter , such partial benefit shall be an amount equal to the
11 dif ference between his or her weekly benefit amount and that part of his or her wages for such
12 week in excess of twenty dollars or twenty percent of his or her weekly benefit amount,
13 whichever is greater , and, if such partial benefit amount is not a multiple of one dollar , such
14 amount shall be reduced to the nearest lower full dollar amount. T ermination pay , severance
15 pay , or pay received by an eligible insured worker who is a member of the or ganized militia
16 for training or duty authorized by [ Section 502(a)(1) of T itle 32, United States Code, ] 32
17 U.S.C. Section 502(a)(1) shall not be considered wages for the purpose of this subsection.
18 4. The division shall compute the wage credits for each individual by crediting him or
19 her with the wages paid to him or her for insured work during each quarter of his or her base
20 period or twenty-six times his or her weekly benefit amount, whichever is the lesser . In
21 addition, if a claimant receives wages in the form of termination pay or severance pay and
22 such payment appears in a base period established by the filing of an initial claim, the
23 claimant may , at his or her option, choose to have such payment included in the calendar
24 quarter in which it was paid or choose to have it prorated equally among the quarters
25 comprising the base period of the claim. The maximum total amount of benefits payable to
26 any insured worker during any benefit year shall not exceed [ twenty ] twenty-six times his or
27 her weekly benefit amount, or thirty-three and one-third percent of his or her wage credits,
28 whichever is the lesser . For the purpose of this section, wages shall be counted as wage
29 credits for any benefit year , only if such benefit year begins subsequent to the date on which
30 the employing unit by whom such wages were paid has become an employer . The wage
31 credits of an individual earned during the period commencing with the end of a prior base
32 period and ending on the date on which he or she filed an allowed initial claim shall not be
33 available for benefit purposes in a subsequent benefit year unless, in addition thereto, such
34 individual has subsequently earned either wages for insured work in an amount equal to at
35 least five times his or her current weekly benefit amount or wages in an amount equal to at
36 least ten times his or her current weekly benefit amount.
37 5. In the event that benefits are due a deceased person and no petition has been filed
38 for the probate of the will or for the administration of the estate of such person within thirty
39 days after his or her death, the division may by regulation provide for the payment of such
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40 benefits to such person or persons as the division finds entitled thereto and every such
41 payment shall be a valid payment to the same extent as if made to the legal representatives of
42 the deceased.
43 6. The division is authorized to cancel any benefit warrant remaining outstanding and
44 unpaid one year after the date of its issuance and there shall be no liability for the payment of
45 any such benefit warrant thereafter .
46 7. The division may establish an electronic funds transfer system to transfer directly
47 to claimants' accounts in financial institutions benefits payable to them pursuant to this
48 chapter . T o receive benefits by electronic funds transfer , a claimant shall satisfactorily
49 complete a direct deposit application form authorizing the division to deposit benefit
50 payments into a designated checking or savings account. Any electronic funds transfer
51 system created pursuant to this subsection shall be administered in accordance with
52 regulations prescribed by the division.
53 8. The division may issue a benefit warrant covering more than one week of benefits.
54 9. Prior to January 1, 2005, the division shall institute procedures including, but not
55 limited to, name, date of birth, and Social Security verification matches for remote claims
56 filing via the use of telephone or the internet in accordance with such regulations as the
57 division shall prescribe. At a minimum, the division shall verify the Social Security number
58 and date of birth when an individual claimant initially files for unemployment insurance
59 benefits. If verification information does not match what is on file in division databases to
60 what the individual is stating, the division shall require the claimant to submit a division-
61 approved form requesting an af fidavit of eligibility prior to the payment of additional future
62 benefits. The division of employment security shall cross-check unemployment
6 3 compensation applicants and recipients with Social Security Administration data
6 4 maintained by the federal government at least weekly . The division of employment
65 security shall cross-check at least monthly unemployment compensation applicants and
66 recipients with department of revenue drivers license databases.
✔
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