Modifies provisions relating to eligibility for unemployment benefits

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1609
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
6060S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 288.040, RSMo, and to enact in lieu thereof one new section relating to eligibility
for unemployment benefits.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 288.040, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 288.040, 2
to read as follows:3
288.040. 1. A claimant who is unemployed and has been 1
determined to be an insured worker shall be eligible for 2
benefits for any week only if the deputy finds that: 3
(1) The claimant has registered for work at and 4
thereafter has continued to report at an employment office 5
in accordance with such regulations as the division may 6
prescribe; 7
(2) The claimant is able to work and is available for 8
work. No person shall be deemed available for work unless 9
such person has been and is actively and earnestly seeking 10
work. Upon the filing of an initial or renewed claim, and 11
prior to the filing of each weekly claim thereafter, the 12
deputy shall notify each claimant of the number of work 13
search contacts required to constitute an active search for 14
work. Unless the deputy directs otherwise, a claimant shall 15
make a minimum of three work search contacts during any week 16
for which he or she claims benefits. No person shall be 17
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considered not available for work, pursuant to this 18
subdivision, solely because he or she is a substitute 19
teacher or is on jury duty. A claimant shall not be 20
determined to be ineligible pursuant to this subdivision 21
because of not actively and earnestly seeking work if: 22
(a) The claimant is participating in training approved 23
pursuant to Section 236 of the Trade Act of 1974, as 24
amended, (19 U.S.C.A. Sec. 2296, as amended); 25
(b) The claimant is temporarily unemployed through no 26
fault of his or her own and has a definite recall date 27
within eight weeks of his or her first day of unemployment; 28
however, upon application of the employer responsible for 29
the claimant's unemployment, such eight-week period may be 30
extended not to exceed a total of sixteen weeks at the 31
discretion of the director; 32
(3) The claimant has reported to an office of the 33
division as directed by the deputy, but at least once every 34
four weeks, except that a claimant shall be exempted from 35
the reporting requirement of this subdivision if: 36
(a) The claimant is claiming benefits in accordance 37
with division regulations dealing with partial or temporary 38
total unemployment; or 39
(b) The claimant is temporarily unemployed through no 40
fault of his or her own and has a definite recall date 41
within eight weeks of his or her first day of unemployment; 42
or 43
(c) The director of the division of employment 44
security has determined that the claimant belongs to a group 45
or class of workers whose opportunities for reemployment 46
will not be enhanced by reporting, or is prevented from 47
reporting due to emergency conditions that limit access by 48
the general public to an office that serves the area where 49
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the claimant resides, but only during the time such 50
circumstances exist. 51
Ineligibility pursuant to this subdivision shall begin on 52
the first day of the week which the claimant was scheduled 53
to claim and shall end on the last day of the week preceding 54
the week during which the claimant does report to the 55
division's office; 56
(4) Prior to the first week of a period of total or 57
partial unemployment for which the claimant claims benefits 58
he or she has been totally or partially unemployed for a 59
waiting period of one week. No more than one waiting week 60
will be required in any benefit year. During calendar year 61
2008 and each calendar year thereafter, the one-week waiting 62
period shall become compensable once his or her remaining 63
balance on the claim is equal to or less than the 64
compensable amount for the waiting period. No week shall be 65
counted as a week of total or partial unemployment for the 66
purposes of this subsection unless it occurs within the 67
benefit year which includes the week with respect to which 68
the claimant claims benefits; 69
(5) The claimant has made a claim for benefits within 70
fourteen days from the last day of the week being claimed. 71
The fourteen-day period may, for good cause, be extended to 72
twenty-eight days; 73
(6) The claimant has reported to an employment office 74
to participate in a reemployment assessment and reemployment 75
services as directed by the deputy or designated staff of an 76
employment office, unless the deputy determines that good 77
cause exists for the claimant's failure to participate in 78
such reemployment assessment and reemployment services. For 79
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purposes of this section, "reemployment services" may 80
include, but not be limited to, the following: 81
(a) Providing an orientation to employment office 82
services; 83
(b) Providing job search assistance; and 84
(c) Providing labor market statistics or analysis; 85
Ineligibility under this subdivision shall begin on the 86
first day of the week which the claimant was scheduled to 87
report for the reemployment assessment or reemployment 88
services and shall end on the last day of the week preceding 89
the week during which the claimant does report in person to 90
the employment office for such reemployment assessment or 91
reemployment services; 92
(7) The claimant is participating in reemployment 93
services, such as job search assistance services, as 94
directed by the deputy if the claimant has been determined 95
to be likely to exhaust regular benefits and to need 96
reemployment services pursuant to a profiling system 97
established by the division, unless the deputy determines 98
that: 99
(a) The individual has completed such reemployment 100
services; or 101
(b) There is justifiable cause for the claimant's 102
failure to participate in such reemployment services. 103
2. A claimant shall be ineligible for waiting week 104
credit or benefits for any week for which the deputy finds 105
he or she is or has been suspended by his or her most recent 106
employer for misconduct connected with his or her work. 107
Suspensions of four weeks or more shall be treated as 108
discharges. 109
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3. (1) Benefits based on "service in employment", 110
described in subsections 7 and 8 of section 288.034, shall 111
be payable in the same amount, on the same terms and subject 112
to the same conditions as compensation payable on the basis 113
of other service subject to this law; except that: 114
(a) With respect to service performed in an 115
instructional, research, or principal administrative 116
capacity for an educational institution, benefits shall not 117
be paid based on such services for any week of unemployment 118
commencing during the period between two successive academic 119
years or terms, or during a similar period between two 120
regular but not successive terms, or during a period of paid 121
sabbatical leave provided for in the individual's contract, 122
to any individual if such individual performs such services 123
in the first of such academic years (or terms) and if there 124
is a contract or a reasonable assurance that such individual 125
will perform services in any such capacity for any 126
educational institution in the second of such academic years 127
or terms; 128
(b) With respect to services performed in any capacity 129
(other than instructional, research, or principal 130
administrative capacity) for an educational institution, 131
benefits shall not be paid on the basis of such services to 132
any individual for any week which commences during a period 133
between two successive academic years or terms if such 134
individual performs such services in the first of such 135
academic years or terms and there is a contract or a 136
reasonable assurance that such individual will perform such 137
services in the second of such academic years or terms; 138
(c) With respect to services described in paragraphs 139
(a) and (b) of this subdivision, benefits shall not be paid 140
on the basis of such services to any individual for any week 141
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which commences during an established and customary vacation 142
period or holiday recess if such individual performed such 143
services in the period immediately before such vacation 144
period or holiday recess, and there is reasonable assurance 145
that such individual will perform such services immediately 146
following such vacation period or holiday recess; 147
(d) With respect to services described in paragraphs 148
(a) and (b) of this subdivision, benefits payable on the 149
basis of services in any such capacity shall be denied as 150
specified in paragraphs (a), (b), and (c) of this 151
subdivision to any individual who performed such services at 152
an educational institution while in the employ of an 153
educational service agency, and for this purpose the term 154
"educational service agency" means a governmental agency or 155
governmental entity which is established and operated 156
exclusively for the purpose of providing such services to 157
one or more educational institutions. 158
(2) If compensation is denied for any week pursuant to 159
paragraph (b) or (d) of subdivision (1) of this subsection 160
to any individual performing services at an educational 161
institution in any capacity (other than instructional, 162
research or principal administrative capacity), and such 163
individual was not offered an opportunity to perform such 164
services for the second of such academic years or terms, 165
such individual shall be entitled to a retroactive payment 166
of the compensation for each week for which the individual 167
filed a timely claim for compensation and for which 168
compensation was denied solely by reason of paragraph (b) or 169
(d) of subdivision (1) of this subsection. 170
4. (1) A claimant shall be ineligible for waiting 171
week credit, benefits or shared work benefits for any week 172
for which he or she is receiving or has received 173
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remuneration exceeding his or her weekly benefit amount or 174
shared work benefit amount in the form of: 175
(a) Compensation for temporary partial disability 176
pursuant to the workers' compensation law of any state or 177
pursuant to a similar law of the United States; 178
(b) A governmental or other pension, retirement or 179
retired pay, annuity, or other similar periodic payment 180
which is based on the previous work of such claimant to the 181
extent that such payment is provided from funds provided by 182
a base period or chargeable employer pursuant to a plan 183
maintained or contributed to by such employer; but, except 184
for such payments made pursuant to the Social Security Act 185
or the Railroad Retirement Act of 1974 (or the corresponding 186
provisions of prior law), the provisions of this paragraph 187
shall not apply if the services performed for such employer 188
by the claimant after the beginning of the base period (or 189
remuneration for such services) do not affect eligibility 190
for or increase the amount of such pension, retirement or 191
retired pay, annuity or similar payment. 192
(2) If the remuneration referred to in this subsection 193
is less than the benefits which would otherwise be due, the 194
claimant shall be entitled to receive for such week, if 195
otherwise eligible, benefits reduced by the amount of such 196
remuneration, and, if such benefit is not a multiple of one 197
dollar, such amount shall be lowered to the next multiple of 198
one dollar. 199
(3) Notwithstanding the provisions of subdivisions (1) 200
and (2) of this subsection, if a claimant has contributed in 201
any way to the Social Security Act or the Railroad 202
Retirement Act of 1974, or the corresponding provisions of 203
prior law, no part of the payments received pursuant to such 204
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federal law shall be deductible from the amount of benefits 205
received pursuant to this chapter. 206
5. A claimant shall be ineligible for waiting week 207
credit or benefits for any week for which or a part of which 208
he or she has received or is seeking unemployment benefits 209
pursuant to an unemployment insurance law of another state 210
or the United States; provided, that if it be finally 211
determined that the claimant is not entitled to such 212
unemployment benefits, such ineligibility shall not apply. 213
6. (1) [A claimant shall be ineligible for waiting 214
week credit or benefits for any week for which the deputy 215
finds that such claimant's total or partial unemployment is 216
due to a stoppage of work which exists because of a labor 217
dispute in the factory, establishment or other premises in 218
which such claimant is or was last employed. In the event 219
the claimant secures other employment from which he or she 220
is separated during the existence of the labor dispute, the 221
claimant must have obtained bona fide employment as a 222
permanent employee for at least the major part of each of 223
two weeks in such subsequent employment to terminate his or 224
her ineligibility. If, in any case, separate branches of 225
work which are commonly conducted as separate businesses at 226
separate premises are conducted in separate departments of 227
the same premises, each such department shall for the 228
purposes of this subsection be deemed to be a separate 229
factory, establishment or other premises. This subsection 230
shall not apply if it is shown to the satisfaction of the 231
deputy that: 232
(a) The claimant is not participating in or financing 233
or directly interested in the labor dispute which caused the 234
stoppage of work; and 235
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(b) The claimant does not belong to a grade or class 236
of workers of which, immediately preceding the commencement 237
of the stoppage, there were members employed at the premises 238
at which the stoppage occurs, any of whom are participating 239
in or financing or directly interested in the dispute] A 240
claimant shall not be ineligible for benefits based on the 241
fact that the individual is participating in a strike or 242
other labor dispute resulting in a stoppage of work at the 243
factory, establishment, or other premises at which the 244
individual is or was last employed. 245
(2) "Stoppage of work" as used in this subsection 246
means a substantial diminution of the activities, production 247
or services at the establishment, plant, factory or premises 248
of the employing unit. This definition shall not apply to a 249
strike where the employees in the bargaining unit who 250
initiated the strike are participating in the strike. Such 251
employees shall not be eligible for waiting week credit or 252
benefits during the period when the strike is in effect, 253
regardless of diminution, unless the employer has been found 254
guilty of an unfair labor practice by the National Labor 255
Relations Board or a federal court of law for an act or 256
actions preceding or during the strike. 257
7. On or after January 1, 1978, benefits shall not be 258
paid to any individual on the basis of any services, 259
substantially all of which consist of participating in 260
sports or athletic events or training or preparing to so 261
participate, for any week which commences during the period 262
between two successive sport seasons (or similar periods) if 263
such individual performed such services in the first of such 264
seasons (or similar periods) and there is a reasonable 265
assurance that such individual will perform such services in 266
the later of such seasons (or similar periods). 267
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8. Benefits shall not be payable on the basis of 268
services performed by an alien, unless such alien is an 269
individual who was lawfully admitted for permanent residence 270
at the time such services were performed, was lawfully 271
present for purposes of performing such services, or was 272
permanently residing in the United States under color of law 273
at the time such services were performed (including an alien 274
who was lawfully present in the United States as a result of 275
the application of the provisions of Section 212(d)(5) of 276
the Immigration and Nationality Act). 277
(1) Any data or information required of individuals 278
applying for benefits to determine whether benefits are not 279
payable to them because of their alien status shall be 280
uniformly required from all applicants for benefits. 281
(2) In the case of an individual whose application for 282
benefits would otherwise be approved, no determination that 283
benefits to such individual are not payable because of such 284
individual's alien status shall be made except upon a 285
preponderance of the evidence. 286
9. A claimant shall be ineligible for waiting week 287
credit or benefits for any week such claimant has an 288
outstanding penalty which was assessed based upon an 289
overpayment of benefits, as provided for in subsection 9 of 290
section 288.380. 291
10. The directors of the division of employment 292
security and the division of workforce development shall 293
submit to the governor, the speaker of the house of 294
representatives, and the president pro tem of the senate no 295
later than October 15, 2006, a report outlining their 296
recommendations for how to improve work search verification 297
and claimant reemployment activities. The recommendations 298
shall include, but not limited to how to best utilize 299
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"greathires.org", and how to reduce the average duration of 300
unemployment insurance claims. Each calendar year 301
thereafter, the directors shall submit a report containing 302
their recommendations on these issues by December thirty- 303
first of each year. 304
11. For purposes of this section, a claimant may 305
satisfy reporting requirements provided under this section 306
by reporting by internet communication or any other means 307
deemed acceptable by the division of employment security. 308
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