Unemployment insurance amendments.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0466

HOUSE BILL
NO.
HB0244

Unemployment insurance amendments.

Sponsored by:
Representative(s) Connolly and Senator(s) Hastert

A BILL

for

AN ACT relating to
unemployment insurance;
authorizing compensation for persons unemployed due to specified compelling family circumstances; removing limitations on benefits for persons unemployed because of a spouse's employment transfer; amending the period for which extended benefits are payable;
providing an alternative base period for determination of benefits periods;
providing a
training
exten
sion
benefit for certain permanently laid off workers;
and providing for effective date
s
.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 27
‑
3
‑
322 is created to read:

27
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3
‑
322. Training extension benefits.

(
a
)

In addition to and subsequent to payment of all benefits otherwise allowed under this act and without restriction with respect to an individual's benefit year, training extension benefits shall be payable to any individual, subject to the following:

(i)

The individual is unemployed;

(ii)

The individual has exhausted all rights to regular and extended benefits;

(iii)

The individual is enrolled, not later than the end of the benefit year established with respect to the separation that makes the individual eligible for the training benefit, and making satisfactory progress in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, P.L
.
105-220. A training program shall prepare the individual who has been separated from a declining occupation, as determined by the department, or who has been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high demand occupation, as determined by the department;

(iv)

The individual is not receiving similar stipends or other training allowances for nontraining costs;

(v)

The weekly benefit payable under this section shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year, less deductible earnings or income, if any. The total amount payable under this section to any individual shall be equal to twenty-six (26) times the individual's weekly benefit amount for the individu
al's most recent benefit year.

Section
2
.

W.S.
27
‑
3
‑
102(a)(i),
27
‑
3
‑
306 by creating a new subsection (f),
27
‑
3
‑
311(a)(i)(C) and (D), 27
‑
3
‑
314 by creating new subsection
s
(d)
through (
j
)
and 27
‑
3
‑
504(e)
(vii) and

by creating new
paragraphs (ix) through (xi
i
)
are
amended to read:

27
‑
3
‑
102.

Definitions generally.

(a)

As used in this act:

(i)

"Base period" means
:

(A)

T
he first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit
year
;
or

(B)

The four (4) most recently completed calendar quarters immediately preceding the start of the benefit year only if the individual applying for benefits does not qualify for any benefits under
W.S.
27
‑
3
‑
303
using the base period defined in subparagraph (A) of this paragraph; or

(C)

A
ny other twelve (12) month period specified by commission regulation. A calendar quarter used in one (1) base period of a valid claim shall not be used in a subsequent base period. If a combined wage claim under W.S. 27
‑
3
‑
608, the base period is as provided under law of the paying state;

27
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3
‑
306.

Eligibility requirements; waiver or amendment authorized; unemployed waiting period; registration and referral for suitable work.

(f)

Notwithstanding the requirements of subsection (a) of this section, no individual shall be denied regular or extended benefits under this act solely because the individual is seeking only part
-
time work, if the department determines that a majority of the weeks of work in the individual's base period were for less than full
-
time work. For purposes of this subsection, "seeking only part
-
time work" means seeking work that has comparable hours to the individual's part
-
time work experience in the individual's base period.

27
‑
3
‑
311.

Disqualifications from entitlement; grounds; forfeiture.

(a)

An individual shall be disqualified from benefit entitlement beginning with the effective date of an otherwise valid claim or the week during which the failure occurred, until he has been employed in an employee-employer relationship and has earned at least eight (8) times the weekly benefit amount of his current claim for services after that date, if the department finds that he:

(i)

Left his most recent work voluntarily without good cause attributable directly to his employment, except:

(C)

If forced to leave the most recent work as a result of
being a victim of documented domestic violence
;

compelling family reasons, specifically including
:

(I)

Separating from employment due to domestic violence
or sexual assault
that is verified by reasonable documentation and that causes the individual to reasonably believe that the individual's continuing employment would jeopardize the safety of the individual or an immediate family member;

(II)

Separating from employment due to the need to care for an immediate family member with a verified illness or disability that necessitates the care of the ill or disabled person for a period of time longer than the employer is willing to grant either paid or unpaid leave
. For purposes of this subdivision, "immediate family member" means an individual's
child under the age of eighteen (18),
spouse
or
parent
.

(D)

If unemployed
as a result of relocation due to the transfer of the unemployed individual's spouse, either within or outside the state,

due to a change in location of the employment of the individual's spouse
,
from which it is impractical to commute to the place of employment, and upon arrival at the new residence, the individual is in all respects able and available for suitable work and registers for work with the department of workforce services or an equivalent agency of another state where the individual is residing.

To qualify under this subparagraph, the individual shall be married to a member of the United States armed forces whose relocation is the result of an assignment on active duty as defined in 10 U.S.C. 101(d)(1), active guard or reserve duty as defined in 10 U.S.C. 101(d)(6), active duty pursuant to title 10 of the United States Code, or training or other duty performed by a member of the army national guard of the United States or the air national guard of the United States under section 316, 502, 503, 504 or 505 of title 32 of the United States Code.
Any benefits awarded under this subparagraph shall be noncharged benefits and shall not affect an employer's experience rating account.
This subparagraph is repealed effective July 1, 2018.

27
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3
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314.

Extended benefit period; state "on" and "off" indicators; notice.

(d)

With respect to weeks of unemployment beginning on or after
March 15
, 20
11
and
ending before January 1, 2012, and to the extent mandated or permitted by federal law
, except for reimbursable entities described in
s
ection 3306(c)(7) of the Internal Revenue Code, both of the following apply:

(i)

A state "on" indicator exists for a week if one
(1)
of the following applies:

(
A
)

The rate of
insured
unemployment
under this act
, not seasonally adjusted,
for the period consisting of that week and the immediately preceding twelve (12) weeks equaled or exceeded five percent (5%) and equaled or exceeded one hundred twenty percent (120%) of the average of the rates for the corresponding thirteen (13) week period ending in each of the preceding three
(3)
calendar years;

(B)

The rate of insured unemployment under this act
, not seasonally adjusted,
for the period consisting of that week and the twelve (12) weeks immediately preceding the week equaled or exceeded six percent (6%), regardless of the rate of insured unemployment in the three (3) previous years;

(C)

The average rate of total unemployment
in this state, seasonally adjusted, as determined by the United States secretary of labor, for the
period consisting of the most recent
three (3) month
s for which data for all states are published before the close of that week, equals or exceeds six and five-tenths percent (6.5%
)
;

(
D
)

The average rate of total unemployment
in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three (3) month period referred to in sub
paragraph
(
C
) of this paragraph, equals or exceeds one hundred ten percent (110%) of that average rate of total unemployment for either or both of the corresponding three (3) month periods ending in the
three (3)
preceding calendar years.

(ii)

A state "off" indicator exists for a week
if, for the period consisting of that week the immediately preceding twelve (12) weeks,
an "on" indicator does not exist pursuant to paragraph (i) of this subsection
.

(
e
)

The total extended benefit amounts payable
under subsection (d) of this section
to an eligible individual with respect to the applicable benefit year shall be the least of the following amounts:

(
i
)

F
ifty percent
(50%)
of the total amount of regular benefits that were payable to the individual pursuant to this section in the individual’s benefit year;

(
ii
)

T
hirteen
(13)
times the individual’s weekly benefit amount that was payable to the individual pursuant to this section for a week of total unemployment
in the applicable benefit year;

(
iii
)

T
hirty-nine
(39)

times the individual’s weekly benefit amount that was payable to the individual pursuant to this section for a week of total unemployment in the applicable benefit year
,
reduced by the regular compensation paid
,
or deemed paid
,
to the individual during the applicable benefit year
.

(f)

With respect to weeks of unemployment beginning on or after March 15, 2011 and continuing until the week ending four (4) weeks prior to the last week for which one hundred percent (100%) federal sharing is authorized by subdivision (a) of section 2005 of Public Law 111-5 for all claims, except for reimbursable entities described in
s
ection 3306(c)(7) of the Internal Revenue Code, both of the following apply:

(i)

A state "on" indicator exists for a week if one
(1)
of the following applies:

(A)

The average rate of insured unemployment under this act for the period consisting of that week and the immediately preceding twelve (12) weeks equaled or exceeded five percent (5%) and equaled or exceeded one hundred twenty percent (120%) of the average of the rates for the corresponding thirteen (13) week period ending in each of the preceding two (2) calendar years;

(B)

The rate of insured unemployment under this act for the period consisting of that week and the twelve (12) weeks immediately preceding the week equaled or exceeded six percent (6%), regardless of the rate of insured unemployment in the two

(2) previous years;

(C)

The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of that week, equals or exceeds six and five-tenths percent (6.5%);

(D)

The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three (3) month period referred to in sub
paragraph
(
C
) of this paragraph, equals or exceeds one hundred ten percent (110%) of that average rate of total unemployment for either or both of the corresponding three (3) month periods ending in the two (2) preceding calendar years.

(ii)

A state "off" indicator exists for a week if, for the period consisting of that week the immediately preceding twelve (12) weeks, an "on" indicator does not exist pursuant to paragraph (i) of this subsection
.

(g)

The total extended benefit amounts payable under subsection (f) of this section to an eligible individual with respect to the applicable benefit year shall be the least of the following amounts:

(i)

Fifty percent (50%) of the total amount of regular benefits that were payable to the individual pursuant to this section in the individual’s benefit year;

(ii)

Thirteen (13) times the individual’s average weekly benefit amount that was payable to the individual pursuant to this section for a week of total unemployment in the applicable benefit year;

(iii)

Thirty-nine (39)

times the individual’s average weekly benefit amount that was payable to the individual pursuant to this section for a week of total unemployment in the applicable benefit year.

(
h
)

E
ffective with respect to
a
week beginning in a high unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year shall be the least of the following amounts:

(
i
)

E
ighty percent
(80%)
of the total amount of regular benefits that were payable to the individual pursuant to this section in the individual’s applicable benefit year;

(
ii
)

T
wenty
(20)
times the individual’s weekly benefit amount that was payable to the individual pursuant to this section for a week of total unemployment in the applicable benefit year.

(
j
)

For purposes of
subsection
(
h
) of this section, “high unemployment period” means a period
during which the average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of that week, equals or exceeds eight percent (8%)
.

27
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3
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504.

Separate employer's accounts; charging of accounts; when accounts not charged.

(e)

Benefits shall not be charged to an employer's account if:

(vii)

The individual receiving benefits is enrolled in
or returning to

an approved program pursuant to W.S. 27
‑
3
‑
307;

(ix)

The individual receiving benefits separated for bona fide medical reasons involving
the individual's
health;

(x)

The individual receiving benefits qualified for benefits
under W.S. 27
‑
3
‑
311(a)(i)(C)
based upon a separation from employment that was for compelling family reasons;

(x
i
)

The individual
receiving benefits qualified for benefits under W.S. 27
‑
3
‑
311(a)(i)(D)
due to the transfer of the individual's
spouse
;

(xi
i
)

The individual is receiving training extension benefits pursuant to W.S. 27
‑
3
‑
322
.

Section 3.

(a)

W.S. 27
‑
3
‑
314(d) created by t
his act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(b)

Except as provided in subsection (a) of this section, this act is effective July 1, 2011.

(END)

1
HB0244