HF 1468

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to employment; providing benefits to 
  1.3             unemployed veterans who are receiving a military 
  1.4             pension; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 197. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [197.051] [VETERANS' UNEMPLOYMENT BENEFITS.] 
  1.8      Subdivision 1.  [APPLICATION.] This section applies to an 
  1.9   unemployed veteran who is: 
  1.10     (1) receiving a federal military pension; 
  1.11     (2) eligible to receive benefits under the federal Railroad 
  1.12  Unemployment Insurance Act but whose benefits under that act are 
  1.13  reduced by the amount of the military pension received; and 
  1.14     (3) not eligible to receive benefits under chapter 268, 
  1.15  because the former employment is covered only by the federal 
  1.16  Railroad Unemployment Insurance Act. 
  1.17     Subd. 2.  [PAYMENT.] Upon application from an unemployed 
  1.18  veteran who meets the criteria in subdivision 1, the 
  1.19  commissioner of veterans affairs shall pay weekly benefits to 
  1.20  the veteran from an account in the soldiers' assistance fund.  
  1.21  The amount of the weekly benefit is the amount by which benefits 
  1.22  to which the person is entitled under the federal Railroad 
  1.23  Unemployment Insurance Act are reduced due to receipt of the 
  1.24  military pension.  The payment must cease when the person ceases 
  1.25  to be eligible for benefits under the federal act.  A veteran 
  2.1   employed in a position in which state law requires a hiring 
  2.2   preference for veterans is not eligible to receive payments 
  2.3   under this section. 
  2.4      Subd. 3.  [RECOVERY OF COSTS.] Unless the employer is 
  2.5   paying unemployment taxes under chapter 268 on behalf of a 
  2.6   veteran receiving benefits under this section, the commissioner 
  2.7   shall recover the amount of benefits paid out under this section 
  2.8   from the former employer of the veteran receiving the benefits.  
  2.9   The charge to the employer must include the reasonable costs for 
  2.10  the commissioner to administer the payment of benefits and the 
  2.11  collection from the employer.  The commissioner may bring a 
  2.12  civil action in district court against an employer who refuses 
  2.13  to pay costs due under this section.  If the commissioner 
  2.14  prevails in the action, the commissioner shall recover attorney 
  2.15  fees and costs from the employer.  All funds that the 
  2.16  commissioner receives from employers under this subdivision must 
  2.17  be deposited in the soldiers' assistance account and are 
  2.18  appropriated to the commissioner for purposes of this section. 
  2.19     Subd. 4.  [ADMINISTRATION.] The commissioner may adopt 
  2.20  rules to implement this section.