Concerns eligibility for unemployment insurance benefits for crossing guards.

A4415

ASSEMBLY, No. 4415

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� Concerns eligibility for unemployment insurance
benefits for crossing guards.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning eligibility for unemployment insurance
benefits and amending P.L.1979, c.82 and R.S.43:21-4.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 P.L.1979, c.82
(C.40A:9-154.1) is amended to read as follows:

���� 1.��� The governing body, or
the chief executive, or the chief administrative officer, as appropriate to the
form of government of any municipality, may appoint adult school crossing
guards for terms not exceeding one year and revoke such appointments for cause
and after proper hearing before the chief of police or other chief law
enforcement officer of the municipality.�
An individual appointed as an
adult school crossing guard shall have reasonable assurance to perform those
services in the next succeeding term of appointment, unless notified that
appointment will not be offered on or before May 15 in each year by receipt of
a written notice from the governing body, or the chief executive, or the chief
administrative officer responsible for the appointment of adult school crossing
guards in any municipality.� An adult school crossing guard who has not
received this written notice shall not be eligible to receive unemployment
insurance benefits for weeks of unemployment between two successive academic
years or terms of appointment, or for any week of unemployment which commences
during an established and customary vacation period or holiday recess, pursuant
to subsection (g) of R.S.43:21-4.
� No person shall be appointed as an adult
school crossing guard unless he:

���� a.���� Is a citizen and
resident of this State;

���� b.��� Is sound in body and of
good health;

���� c.���� Is of good moral
character; and

���� d.��� Has not been convicted
of any criminal offense involving moral turpitude.

���� An adult school crossing guard
may be a member of the police department or force of the municipality and his
powers and duties as an adult school crossing guard shall cease at the
expiration of the term for which he was appointed.� He shall not have the right
to bear firearms or the power of arrest unless the crossing guard is also a
member of a police department or force.

���� Every adult school crossing
guard shall be under the supervision and direction of the chief of police or
other chief law enforcement officer of the municipality wherein he is appointed
and shall perform his duties only in such municipality.� He shall comply with
the rules and regulations applicable to the conduct and decorum of the regular
police officers of the municipality.� Before any adult school crossing guard is
appointed the chief of police shall ascertain the eligibility of the applicant
and make a report to the governing body, or the chief executive or chief
administrative officer, as the case may be.

(cf: P.L.1996, c.113, s.15)

���� 2.��� R.S.43:21-4 is amended
to read as follows:

���� 43:21-4. Benefit eligibility
conditions. An unemployed individual shall be eligible to receive benefits with
respect to any week eligible only if:

���� (a)�� The individual has filed
a claim at an unemployment insurance claims office and thereafter continues to
report at an employment service office or unemployment insurance claims office,
as directed by the division in accordance with such regulations as the division
may prescribe, except that the division may, by regulation, waive or alter
either or both of the requirements of this subsection as to individuals
attached to regular jobs, and as to such other types of cases or situations
with respect to which the division finds that compliance with such requirements
would be oppressive, or would be inconsistent with the purpose of this act;
provided that no such regulation shall conflict with subsection (a) of
R.S.43:21-3.

���� (b)�� The individual has made
a claim for benefits in accordance with the provisions of subsection (a) of
R.S.43:21-6.

���� (c) (1) The individual is able
to work, and is available for work, and has demonstrated to be actively seeking
work, except as hereinafter provided in this subsection or in subsection (f) of
this section.

���� (2)�� The director may modify
the requirement of actively seeking work if such modification of this
requirement is warranted by economic conditions.

���� (3)�� No individual, who is
otherwise eligible, shall be deemed ineligible, or unavailable for work,
because the individual is on vacation, without pay, during said week, if said
vacation is not the result of the individual's own action as distinguished from
any collective action of a collective bargaining agent or other action beyond
the individual's control.

���� (4) (A) Subject to such
limitations and conditions as the division may prescribe, an individual, who is
otherwise eligible, shall not be deemed unavailable for work or ineligible
because the individual is attending a training program approved for the individual
by the division to enhance the individual's employment opportunities or because
the individual failed or refused to accept work while attending such program.

���� (B)� For the purpose of this
paragraph (4), any training program shall be regarded as approved by the
division for the individual if the program and the individual meet the
following requirements:

���� (i)��� The training is for a
labor demand occupation and is likely to enhance the individual's marketable
skills and earning power, except that the training may be for an occupation
other than a labor demand occupation if the individual is receiving short-time benefits
pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et al.) and the
training is necessary to prevent a likely loss of jobs;

���� (ii)�� The training is
provided by a competent and reliable private or public entity approved by the
Commissioner of Labor and Workforce Development pursuant to the provisions of
section 8 of the "1992 New Jersey Employment and Workforce Development
Act," P.L.1992, c.43 (C.34:15D-8);

���� (iii)� The individual can
reasonably be expected to complete the program, either during or after the
period of benefits;

���� (iv)� The training does not
include on the job training or other training under which the individual is
paid by an employer for work performed by the individual during the time that
the individual receives benefits; and

���� (v)�� The individual enrolls
in vocational training, remedial education or a combination of both on a
full-time basis, except that the training or education may be on a part-time
basis if the individual is receiving short-time benefits pursuant to the
provisions of P.L.2011, c.154 (C.43:21-20.3 et al.).

���� (C)� If the requirements of
subparagraph (B) of this paragraph (4) are met, the division shall not withhold
approval of the training program for the individual for any of the following
reasons:

���� (i)��� The training includes
remedial basic skills education necessary for the individual to successfully
complete the vocational component of the training;

���� (ii)�� The training is
provided in connection with a program under which the individual may obtain a
college degree, including a post-graduate degree;

���� (iii)� The length of the
training period under the program; or

���� (iv)� The lack of a prior
guarantee of employment upon completion of the training.

���� (D)� For the purpose of this
paragraph (4), "labor demand occupation" means an occupation for
which there is or is likely to be an excess of demand over supply for
adequately trained workers, including, but not limited to, an occupation
designated as a labor demand occupation by the Center for Occupational
Employment Information pursuant to the provisions of subsection d. of section
27 of P.L.2005, c.354 (C.34:1A-86).

���� (5)�� An unemployed
individual, who is otherwise eligible, shall not be deemed unavailable for work
or ineligible solely by reason of the individual's attendance before a court in
response to a summons for service on a jury.

���� (6)�� An unemployed
individual, who is otherwise eligible, shall not be deemed unavailable for work
or ineligible solely by reason of the individual's attendance at the funeral of
an immediate family member, provided that the duration of the attendance does
not extend beyond a two-day period.

���� For purposes of this
paragraph, "immediate family member" includes any of the following
individuals: father, mother, mother-in-law, father-in-law, grandmother,
grandfather, grandchild, spouse, child, child placed by the Division of Youth
and Family Services in the Department of Children and Families, sister or
brother of the unemployed individual and any relatives of the unemployed
individual residing in the unemployed individual's household.

���� (7)�� No individual, who is
otherwise eligible, shall be deemed ineligible or unavailable for work with
respect to any week because, during that week, the individual fails or refuses
to accept work while the individual is participating on a full-time basis in self-employment
assistance activities authorized by the division, whether or not the individual
is receiving a self-employment allowance during that week.

���� (8)�� Any individual who is
determined to be likely to exhaust regular benefits and need reemployment
services based on information obtained by the worker profiling system shall not
be eligible to receive benefits if the individual fails to participate in available
reemployment services to which the individual is referred by the division or in
similar services, unless the division determines that:

���� (A)� The individual has
completed the reemployment services; or

���� (B)� There is justifiable
cause for the failure to participate, which shall include participation in
employment and training, self-employment assistance activities or other
activities authorized by the division to assist reemployment or enhance the
marketable skills and earning power of the individual and which shall include
any other circumstance indicated pursuant to this section in which an
individual is not required to be available for and actively seeking work to
receive benefits.

���� (9)�� An unemployed
individual, who is otherwise eligible, shall not be deemed unavailable for work
or ineligible solely by reason of the individual's work as a board worker for a
county board of elections on an election day.

���� (10) An individual who is
employed by a shared work employer and is otherwise eligible for benefits shall
not be deemed ineligible for short-time benefits because the individual is
unavailable for work with employers other than the shared work employer, so
long as:

���� (A)� The individual is able to
work and is available to work the individual's normal full-time hours for the
shared work employer; or

���� (B)� The individual is
attending a training program which is in compliance with the provisions of
paragraph (4) of subsection (c) of this section and the agreements and
certifications required pursuant to the provisions of section 2 of P.L.2011,
c.154 (C.43:21-20.4).

���� (d)�� With respect to any
benefit year commencing before January 1, 2002, the individual has been totally
or partially unemployed for a waiting period of one week in the benefit year
which includes that week. When benefits become payable with respect to the third
consecutive week next following the waiting period, the individual shall be
eligible to receive benefits as appropriate with respect to the waiting
period.� No week shall be counted as a week of unemployment for the purposes of
this subsection:

���� (1)�� If benefits have been
paid, or are payable with respect thereto; provided that the requirements of
this paragraph shall be waived with respect to any benefits paid or payable for
a waiting period as provided in this subsection;

���� (2)�� If it has constituted a
waiting period week under the "Temporary Disability Benefits Law,"
P.L.1948, c.110 (C.43:21-25 et al.);

���� (3)�� Unless the individual
fulfills the requirements of subsections (a) and (c) of this section;

���� (4)�� If with respect thereto,
claimant was disqualified for benefits in accordance with the provisions of
subsection (d) of R.S.43:21-5.

���� The waiting period provided by
this subsection shall not apply to benefit years commencing on or after January
1, 2002.� An individual whose total benefit amount was reduced by the
application of the waiting period to a claim which occurred on or after January
1, 2002 and before the effective date of P.L.2002, c.13, shall be permitted to
file a claim for the additional benefits attributable to the waiting period in
the form and manner prescribed by the division, but not later than the 180th
day following the effective date of P.L.2002, c.13 unless the division
determines that there is good cause for a later filing.

���� (e)�� (1) (Deleted by
amendment, P.L.2001, c.17).

���� (2)�� (Deleted by amendment,
P.L.2008, c.17).

���� (3)�� (Deleted by amendment,
P.L.2008, c.17).

���� (4)�� With respect to benefit
years commencing on or after January 7, 2001, except as otherwise provided in
paragraph (5) of this subsection, the individual has, during his base year as
defined in subsection (c) of R.S.43:21-19:

���� (A)� Established at least 20
base weeks as defined in paragraphs (2) and (3) of subsection (t) of
R.S.43:21-19; or

���� (B)� If the individual has not
met the requirements of subparagraph (A) of this paragraph (4), earned
remuneration not less than an amount 1,000 times the minimum wage in effect
pursuant to section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the
calendar year preceding the calendar year in which the benefit year commences,
which amount shall be adjusted to the next higher multiple of $100 if not
already a multiple thereof.

���� (5)�� With respect to benefit
years commencing on or after January 7, 2001, notwithstanding the provisions of
paragraph (4) of this subsection, an unemployed individual claiming benefits on
the basis of service performed in the production and harvesting of agricultural
crops shall, subject to the limitations of subsection (i) of R.S.43:21-19, be
eligible to receive benefits if during his base year, as defined in subsection
(c) of R.S.43:21-19, the individual:

���� (A)� Has established at least
20 base weeks as defined in paragraphs (2) and (3) of subsection (t) of
R.S.43:21-19; or

���� (B)� Has earned remuneration
not less than an amount 1,000 times the minimum wage in effect pursuant to
section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year
preceding the calendar year in which the benefit year commences, which amount
shall be adjusted to the next higher multiple of $100 if not already a multiple
thereof; or

���� (C)� Has performed at least
770 hours of service in the production and harvesting of agricultural crops.

���� (6)�� The individual applying
for benefits in any successive benefit year has earned at least six times his
previous weekly benefit amount and has had four weeks of employment since the
beginning of the immediately preceding benefit year.� This provision shall be
in addition to the earnings requirements specified in paragraph (4) or (5) of
this subsection, as applicable.

���� (f) (1) The individual has
suffered any accident or sickness not compensable under the workers'
compensation law, R.S.34:15-1 et seq. and resulting in the individual's total
disability to perform any work for remuneration, and would be eligible to
receive benefits under this chapter (R.S.43:21-1 et seq.) (without regard to
the maximum amount of benefits payable during any benefit year) except for the
inability to work and has furnished notice and proof of claim to the division,
in accordance with its rules and regulations, and payment is not precluded by
the provisions of R.S.43:21-3(d); provided, however, that benefits paid under
this subsection (f) shall be computed on the basis of only those base year
wages earned by the claimant as a "covered individual," as defined in
subsection (b) of section 3 of P.L.1948, c.110 (C.43:21-27); provided further
that no benefits shall be payable under this subsection to any individual:

���� (A)� For any period during
which such individual is not under the care of a legally licensed physician,
dentist, optometrist, podiatrist, practicing psychologist, advanced practice
nurse, or chiropractor, who, when requested by the division, shall certify within
the scope of the practitioner's practice, the disability of the individual, the
probable duration thereof, and, where applicable, the medical facts within the
practitioner's knowledge;

���� (B)� (Deleted by amendment,
P.L.1980, c.90.)

���� (C)� For any period of
disability due to willfully or intentionally self-inflicted injury, or to
injuries sustained in the perpetration by the individual of a crime of the
first, second or third degree;

���� (D)� For any week with respect
to which or a part of which the individual has received or is seeking benefits
under any unemployment compensation or disability benefits law of any other
state or of the United States; provided that if the appropriate agency of such
other state or the United States finally determines that the individual is not
entitled to such benefits, this disqualification shall not apply;

���� (E)� For any week with respect
to which or part of which the individual has received or is seeking disability
benefits under the "Temporary Disability Benefits Law," P.L.1948,
c.110 (C.43:21-25 et al.);

���� (F)�� For any period of
disability commencing while such individual is a "covered
individual," as defined in subsection (b) of section 3 of the
"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-27).

���� (2)�� The individual is taking
family temporary disability leave to provide care for a family member with a
serious health condition or to be with a child during the first 12 months after
the child's birth or placement of the child for adoption or as a foster child
with the individual, and the individual would be eligible to receive benefits
under R.S.43:21-1 et seq. (without regard to the maximum amount of benefits
payable during any benefit year) except for the individual's unavailability for
work while taking the family temporary disability leave, and the individual has
furnished notice and proof of claim to the division, in accordance with its
rules and regulations, and payment is not precluded by the provisions of
R.S.43:21-3(d) provided, however, that benefits paid under this subsection (f)
shall be computed on the basis of only those base year wages earned by the
claimant as a "covered individual," as defined in subsection (b) of
section 3 of P.L.1948, c.110 (C.43:21-27); provided further that no benefits shall
be payable under this subsection to any individual:

���� (A)� For any week with respect
to which or a part of which the individual has received or is seeking benefits
under any unemployment compensation or disability benefits law of any other
state or of the United States; provided that if the appropriate agency of such
other state or the United States finally determines that the individual is not
entitled to such benefits, this disqualification shall not apply;

���� (B)� For any week with respect
to which or part of which the individual has received or is seeking disability
benefits for a disability of the individual under the "Temporary
Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.);

���� (C)� For any period of family
temporary disability leave commencing while the individual is a "covered
individual," as defined in subsection (b) of section 3 of the
"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-27); or

���� (D)� For any period of family
temporary disability leave for a serious health condition of a family member of
the claimant during which the family member is not receiving inpatient care in
a hospital, hospice, or residential medical care facility and is not subject to
continuing medical treatment or continuing supervision by a health care
provider, who, when requested by the division, shall certify within the scope
of the provider's practice, the serious health condition of the family member,
the probable duration thereof, and, where applicable, the medical facts within
the provider's knowledge.

���� (3)�� Benefit payments under
this subsection (f) shall be charged to and paid from the State disability
benefits fund established by the "Temporary Disability Benefits Law,"
P.L.1948, c.110 (C.43:21-25 et al.), and shall not be charged to any employer
account in computing any employer's experience rate for contributions payable
under this chapter.

���� (g)�� Benefits based on
service in employment defined in subparagraphs (B) and (C) of R.S.43:21-19 (i)
(1) shall be payable in the same amount and on the terms and subject to the
same conditions as benefits payable on the basis of other service subject to
the "unemployment compensation law"; except that, notwithstanding any
other provisions of the "unemployment compensation law":

���� (1)�� With respect to service
performed after December 31, 1977, in an instructional, research, or principal
administrative capacity for an educational institution, benefits shall not be
paid based on such services for any week of unemployment commencing during the
period between two successive academic years, or during a similar period
between two regular terms, whether or not successive, or during a period of
paid sabbatical leave provided for in the individual's contract, to any
individual if such individual performs such services in the first of such
academic years (or terms) and if there is a contract or a reasonable assurance
that such individual will perform services in any such capacity for any
educational institution in the second of such academic years or terms;

���� (2)�� With respect to weeks of
unemployment beginning after September 3, 1982, on the basis of service
performed in any other capacity for an educational institution, benefits shall
not be paid on the basis of such services to any individual for any week which
commences during a period between two successive academic years or terms if
such individual performs such services in the first of such academic years or
terms and there is a reasonable assurance that such individual will perform
such services in the second of such academic years or terms, except that if
benefits are denied to any individual under this paragraph (2) and the
individual was not offered an opportunity to perform these services for the
educational institution for the second of any academic years or terms, the
individual shall be entitled to a retroactive payment of benefits for each week
for which the individual filed a timely claim for benefits and for which
benefits were denied solely by reason of this clause;

���� (3)�� With respect to those
services described in paragraphs (1) and (2) above, benefits shall not be paid
on the basis of such services to any individual for any week which commences
during an established and customary vacation period or holiday recess if such
individual performs such services in the period immediately before such
vacation period or holiday recess, and there is a reasonable assurance that
such individual will perform such services in the period immediately following
such period or holiday recess;

���� (4)�� With respect to any
services described in paragraphs (1) and (2) above, benefits shall not be paid
as specified in paragraphs (1), (2), and (3) above to any individual who
performed those services in an educational institution while in the employ of
an educational service agency, and for this purpose the term "educational
service agency" means a governmental agency or governmental entity which
is established and operated exclusively for the purpose of providing those
services to one or more educational institutions;

���� (5)�� As used in this
subsection (g) in order for there to be a "reasonable assurance" all
of the following requirements shall be met:

���� (A)� The educational
institution has made an offer of employment in the following academic year or
term that is either written, oral, or implied;

���� (B)� The offer of employment
in the following academic year or term was made by an individual with actual
authority to offer employment;

���� (C)� The employment offered in
the following academic year or term shall be in the same capacity;

���� (D)� The economic conditions
of the employment offered may not be considerably less in the following
academic year or term than in the then current academic year or term.� For the
purpose of this paragraph, "considerably less" means that the claimant
will earn less than 90 percent of the amount the claimant earned in the then
current academic year or term;

���� (E)� The offer of employment
in the following academic year or term is not contingent upon a factor or
factors that are within the educational institution's control, including but
not limited to, course programming, decisions on how to allocate available funding,
final course offerings, program changes, and facility availability; and

���� (F)�� Based on a totality of
the circumstances, it is highly probable that there is a job available for the
claimant in the following academic year or term.� If a job offer contains a
contingency, primary weight should be given to the contingent nature of the offer
of employment. Contingencies that are not necessarily within the educational
institution's control, such as funding, enrollment and seniority, may be taken
into consideration but the existence of any one contingency should not
determine whether it is highly probable that there is a job available for the
claimant in the following academic year or term.

���� (6)�� Determinations by the
department whether claimants have a "reasonable assurance" shall be
done on a case-by-case basis.

���� (7)�� Each educational
institution shall provide the following to the department, in a form, including
electronic form, prescribed by the commissioner, no less than 10 business days
prior to the end of the academic year or term:

���� (A)� A list of all employees
who the educational institution has concluded do not have a reasonable
assurance of employment in the following academic year or term, along with
information prescribed by the commissioner regarding each such employee, which
information shall include, but not be limited to, name and social security
number; and

���� (B)� For each employee that
the educational institution maintains does have a reasonable assurance of
employment in the following academic year or term, a statement explaining the
manner in which the employee was given a reasonable assurance of employment, that
is, whether it was in writing, oral, or implied, and what information about the
offer, including contingencies, was communicated to the individual.

���� (8)�� The statement required
under subparagraph (B) of paragraph (7) of this subsection (g) may be used by
the department in its analysis under paragraphs (5) and (6) of this subsection
(g), but it does not conclusively demonstrate that the claimant has a reasonable
assurance of employment in the following academic year or term.

���� (9)�� Failure of an
educational institution to provide the statement required under subparagraph
(B) of paragraph (7) of this subsection (g) not less than 10 business days
prior to the end of the academic year or term shall result in a rebuttable
presumption that the claimant does not have a reasonable assurance of
employment in the following academic year or term.� This rebuttable presumption
shall give rise to an inference that the claimant does not have a reasonable
assurance of employment in the following academic year or term, but shall not
conclusively demonstrate that the claimant does not have a reasonable assurance
of employment in the following academic year or term.

���� (10) � If any part of
P.L.2020, c.122 is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the State or the
eligibility of employers in this State for federal unemployment tax credits,
the conflicting part of that act is inoperative solely to the extent of the
conflict, and the finding or determination does not affect the operation of the
remainder of this act.� Rules adopted under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds by
the State or the granting of federal unemployment tax credits to employers in
this State.

���� (11) � With respect to weeks
of unemployment beginning after June 30, 2012, on the basis of service
performed as an adult school crossing guard, pursuant to P.L.1979, c.82
(C.40A:9-154.1 et seq.), in the employ of any municipality, benefits shall not
be paid on the basis of those services to any individual for any week which
commences during a period between two successive academic years or terms of
appointment, as determined by the municipality that appointed the individual
pursuant to section 1 of P.L.1979, c.82 (C.40A:9-154.1), if the individual
performs those services in the first of such academic years or appointment
terms and there is a reasonable assurance that the individual will perform
those services in the second of such academic years or appointment terms,
except that if benefits are denied to any individual under this paragraph (5)
and the individual was not offered an opportunity to perform these services for
the municipality for the second of any academic years or appointment terms, the
individual shall be entitled to a retroactive payment of benefits for each week
for which the individual filed a timely claim for benefits and for which
benefits were denied solely by reason of this clause;

���� (12) With respect to the
services described in paragraph (5) above, benefits shall not be paid on the
basis of those services to any individual for any week which commences during
an established and customary vacation period or holiday recess if such individual
performs those services in the period immediately before the vacation period or
holiday recess, and there is a reasonable assurance that the individual will
perform those services in the period immediately following the vacation period
or holiday recess.

���� (h)�� Benefits shall not be
paid to any individual on the basis of any services, substantially all of which
consist of participating in sports or athletic events or training or preparing
to so participate, for any week which commences during the period between two
successive sports seasons (or similar periods) if such individual performed
such services in the first of such seasons (or similar periods) and there is a
reasonable assurance that such individual will perform such services in the
later of such seasons (or similar periods).

���� (i) (1) Benefits shall not be
paid on the basis of services performed by an alien unless such alien is an
individual who was lawfully admitted for permanent residence at the time the
services were performed and was lawfully present for the purpose of performing
the services or otherwise was permanently residing in the United States under
color of law at the time the services were performed (including an alien who is
lawfully present in the United States as a result of the application of the
provisions of section 212(d)(5) (8 U.S.C. s.1182 (d)(5)) of the Immigration and
Nationality Act (8 U.S.C. s.1101 et seq.)); provided that any modifications of
the provisions of section 3304(a)(14) of the Federal Unemployment Tax Act (26
U.S.C. s. 3304 (a) (14)) as provided by Pub.L.94-566, which specify other
conditions or other effective dates than stated herein for the denial of
benefits based on services performed by aliens and which modifications are
required to be implemented under State law as a condition for full tax credit
against the tax imposed by the Federal Unemployment Tax Act, shall be deemed
applicable under the provisions of this section.

���� (2)�� Any data or information
required of individuals applying for benefits to determine whether benefits are
not payable to them because of their alien status shall be uniformly required
from all applicants for benefits.

���� (3)�� In the case of an
individual whose application for benefits would otherwise be approved, no
determination that benefits to such individual are not payable because of alien
status shall be made except upon a preponderance of the evidence.

���� (j)��� Notwithstanding any
other provision of this chapter, the director may, to the extent that it may be
deemed efficient and economical, provide for consolidated administration by one
or more representatives or deputies of claims made pursuant to subsection (f)
of this section with those made pursuant to Article III (State plan) of the
"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et
al.).

(cf: P.L.2024, c.102, s.2)�

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill alters the benefit
eligibility conditions of unemployment insurance for adult school crossing
guards.� The bill provides that for weeks of unemployment beginning after June
30, 2012, an individual employed as an adult school crossing guard, pursuant to
P.L.1979, c.82 (C.40A:9-154.1 et seq.), will not receive unemployment insurance
benefits for any week which commences during a period between two successive
academic years or terms of employment, as determined by the municipality that
employs the individual, if the individual performs those services in the first
of such academic years or terms of employment and there is a reasonable
assurance that the individual will perform those services in the second of such
academic years or terms.

���� The bill also provides that an
adult school crossing guard will be ineligible for benefits for any week which
commences during an established and customary vacation period or holiday recess
if the individual performs those services in the period immediately before a
vacation period or holiday recess and there is a reasonable assurance that the
individual will perform those services in the period immediately following a
vacation period or holiday recess.

���� Finally, the bill provides
that adult school crossing guards will have a reasonable assurance to
employment over successive terms of appointment, unless notified that
appointment will not be offered on or before May 15 in each year by receipt of
a written notice from the governing body, or the chief executive, or the chief
administrative officer responsible for the appointment of adult school crossing
guards in any municipality.

���� Currently, certain adult
school crossing guards are eligible for unemployment insurance benefits for
weeks of unemployment occurring between academic school years, terms of
employment, and vacation periods or holiday recesses.� This bill eliminates
eligibility for unemployment insurance for crossing guards with a reasonable
assurance of returning to work after such periods of unemployment.�