SF 506

as introduced - 88th Legislature (2013 - 2014) Posted on 02/19/2013 08:25am

A bill for an act
relating to unemployment insurance; modifying eligibility for additional benefits;
amending Minnesota Statutes 2012, sections 268.125, subdivisions 1, 3, 4, 5, by
adding a subdivision; 268.184, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 268.125, subdivision 1, is amended to read:

Subdivision 1.

Additional unemployment benefits; when available.

Additional
unemployment benefits are available if:

(1) MS 2008 [Expired, 2008 c 300 s 15]

(2)(i) at a facility that had 100 or more employees, the employer reduced operations,
resulting within a one-month period in the layoff of 50 percent or more of the facility's
work force, including reductions caused as a result of a major natural disaster declared by
the president;

(ii) the employer has no expressed plan to resume operations that would lead to the
reemployment of those employees in the immediate future; and

(iii) the seasonally adjusted unemployment rate in the county that the facility is
located was ten percent or more during the month of the reduction or any of the three
months before or after the month of the reduction new text begin ; or
new text end

new text begin (3) the applicant stopped working because of a lockout. The term "lockout" has the
meaning given in section 179.01, subdivision 9 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 268.125, subdivision 3, is amended to read:

Subd. 3.

Eligibility conditions.

new text begin (a) new text end An applicant is eligible to receive additional
unemployment benefits for any week during the applicant's benefit year if:

deleted text begin (1) for any week during which benefits are available under subdivision 1, clause (1):
deleted text end

deleted text begin (i) the applicant resides in a county that meets the requirements of subdivision 1,
clause (1), and resided in that county each week that regular unemployment benefits
were paid;
deleted text end

deleted text begin (ii) the applicant was not paid unemployment benefits for any week in the 12 months
before the effective date of the applicant's benefit account;
deleted text end

deleted text begin (iii) the applicant meets the same eligibility requirements that are required for
regular unemployment benefits under section 268.069; and
deleted text end

deleted text begin (iv) MS 2008 [Expired, 2008 c 300 s 17]
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the applicant was laid off from employment as a result of a reduction under
subdivision 1, clause (2), or was laid off because of lack of work from that employer
during the three-month period before, or the three-month period after, the month of the
reduction under subdivision 1, clause (2);

deleted text begin (3) deleted text end new text begin (2) new text end the applicant meets the same eligibility requirements that are required for
regular unemployment benefits under section 268.069;

deleted text begin (4) deleted text end new text begin (3) new text end the applicant has exhausted regular unemployment benefits under section
268.07, is not entitled to receive extended unemployment benefits under section 268.115,
and is not entitled to receive unemployment benefits under any other state or federal law
for that week; and

deleted text begin (5) deleted text end new text begin (4) new text end a majority of the applicant's wage credits were from the employer that had a
reduction in operations under subdivision 1, clause (2).

new text begin (b) An applicant who stopped working because of a lockout is eligible to receive
additional unemployment benefits for any week if:
new text end

new text begin (1) the applicant meets the eligibility requirements under section 268.069;
new text end

new text begin (2) the applicant has exhausted regular unemployment benefits under section 268.07
or the law of another state;
new text end

new text begin (3) the applicant is not eligible for extended unemployment benefits or
unemployment benefits under any federal law; and
new text end

new text begin (4) the lockout is in active progress.
new text end

new text begin Section 268.085, subdivision 1, clause (2), does not apply to this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2012, section 268.125, subdivision 4, is amended to read:

Subd. 4.

Weekly unemployment benefit amount.

An applicant's weekly additional
unemployment benefit amount is the same as the applicant's weekly new text begin regular new text end unemployment
benefit amount deleted text begin during the current benefit year deleted text end under section 268.07.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2012, section 268.125, subdivision 5, is amended to read:

Subd. 5.

Maximum amount of unemployment benefits.

new text begin (a) For an applicant
who qualifies for additional unemployment benefits under subdivision 1, clause (2), new text end the
maximum amount of additional unemployment benefits available in the applicant's benefit
year is one-half of the applicant's maximum amount of regular unemployment benefits
available under section 268.07, subdivision 2. Extended unemployment benefits paid and
unemployment benefits paid under any federal law other than regular unemployment
benefits must be deducted from the maximum amount of additional unemployment
benefits available.

new text begin (b) For an applicant who qualifies for additional unemployment benefits under
subdivision 1, clause (3), the applicant may receive additional unemployment benefits
without limitation so long as the lockout is in active progress.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2012, section 268.125, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Maximum experience rated employers. new text end

new text begin If the employer is at the
maximum experience rating under section 268.051, subdivision 3, any additional
unemployment benefits paid under subdivision 1, clause (3), which do not affect the
experience rating, must be charged to the employer as provided under section 268.184,
subdivision 1, paragraph (d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2012, section 268.184, subdivision 1, is amended to read:

Subdivision 1.

Administrative penalties.

(a) The commissioner must penalize
an employer if that employer or any employee, officer, or agent of that employer, is
in collusion with any applicant for the purpose of assisting the applicant to receive
unemployment benefits fraudulently. The penalty is $500 or the amount of unemployment
benefits determined to be overpaid, whichever is greater.

(b) The commissioner must penalize an employer if that employer or any employee,
officer, or agent of that employer (1) made a false statement or representation knowing it
to be false, (2) made a false statement or representation without a good faith belief as to
correctness of the statement or representation, (3) knowingly failed to disclose a material
fact, or (4) made an offer of employment to an applicant when, in fact, the employer had
no employment available.

The penalty is the greater of $500 or 50 percent of the following resulting from the
employer's action:

(i) the amount of any overpaid unemployment benefits to an applicant;

(ii) the amount of unemployment benefits not paid to an applicant that would
otherwise have been paid; or

(iii) the amount of any payment required from the employer under this chapter or
section 116L.20 that was not paid.

(c) The commissioner must penalize an employer if that employer failed or refused
to honor a subpoena issued under section 268.105, subdivision 4, or section 268.188. The
penalty is $500 and any costs of enforcing the subpoena, including attorney fees.

new text begin (d) The cost of additional unemployment benefits paid to an applicant under
section 268.125, subdivision 1, clause (3), that do not affect the employer's experience
rating because the employer is at the maximum experience rating must be charged to the
employer as a penalty. The penalty is 125 percent of the amount of unemployment benefits
paid that do not affect the employer's experience rating.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Penalties under this subdivision and under section 268.047, subdivision 4,
paragraph (b), are in addition to any other penalties and subject to the same collection
procedures that apply to past due taxes. Penalties must be paid within 30 calendar days of
issuance of the determination of penalty and credited to the trust fund.

deleted text begin (e) deleted text end new text begin (f) new text end The determination of penalty is final unless the employer files an appeal
within 20 calendar days after the sending of the determination of penalty to the employer
by mail or electronic transmission. Proceedings on the appeal are conducted in accordance
with section 268.105.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and payment of penalties imposed by the amendment in paragraph (d) must be credited to
the trust fund beginning the day following final enactment.
new text end