HF 3100

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

  1.1                          A bill for an act 
  1.2             relating to unemployment insurance; modifying benefit 
  1.3             requirements; providing for an alternate base period; 
  1.4             amending Minnesota Statutes 2000, section 268.035, 
  1.5             subdivision 19; Minnesota Statutes 2001 Supplement, 
  1.6             sections 268.035, subdivision 4; 268.07, subdivisions 
  1.7             1, 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.10  268.035, subdivision 4, is amended to read: 
  1.11     Subd. 4.  [BASE PERIOD.] "Base period" means: 
  1.12     (1) the first four of the last five completed calendar 
  1.13  quarters prior to the effective date of an applicant's benefit 
  1.14  account as set forth below: 
  1.15  If the benefit account is effective     The base period
  1.16  on or between these dates:              is the prior:
  1.17  January 1 - March 31                    October 1 - September 30
  1.18  April 1 - June 30                       January 1 - December 31
  1.19  July 1 - September 30                   April 1 - March 31
  1.20  October 1 - December 31                 July 1 - June 30 
  1.21     (2) if during the base period under clause (1) an applicant 
  1.22  received workers' compensation for temporary disability under 
  1.23  chapter 176 or a similar federal law or similar law of another 
  1.24  state, or if an applicant whose own serious illness caused a 
  1.25  loss of work for which the applicant received compensation for 
  1.26  loss of wages from some other source, the applicant may request 
  2.1   a base period as follows: 
  2.2      (i) if an applicant was compensated for a loss of work of 
  2.3   seven to 13 weeks, the base period shall be the first four of 
  2.4   the last six completed calendar quarters prior to the effective 
  2.5   date of the benefit account; 
  2.6      (ii) if an applicant was compensated for a loss of work of 
  2.7   14 to 26 weeks, the base period shall be the first four of the 
  2.8   last seven completed calendar quarters prior to the effective 
  2.9   date of the benefit account; 
  2.10     (iii) if an applicant was compensated for a loss of work of 
  2.11  27 to 39 weeks, the base period shall be the first four of the 
  2.12  last eight completed calendar quarters prior to the effective 
  2.13  date of the benefit account; and 
  2.14     (iv) if an applicant was compensated for a loss of work of 
  2.15  40 to 52 weeks, the base period shall be the first four of the 
  2.16  last nine completed calendar quarters prior to the effective 
  2.17  date of the benefit account; 
  2.18     (3) if the applicant qualifies for a base period under 
  2.19  clause (2), but has insufficient wage credits to establish a 
  2.20  benefit account under a base period provided for in clause (1) 
  2.21  or (2), the applicant may request a base period of the last four 
  2.22  completed calendar quarters prior to the date the applicant's 
  2.23  benefit account is effective.  This base period may be used only 
  2.24  once during any five-calendar-year period; and 
  2.25     (4) if the applicant has insufficient wage credits to 
  2.26  establish a benefit account under a base period provided for in 
  2.27  clause (3), the applicant may request an alternate base period 
  2.28  of the last three completed calendar quarters and the portion of 
  2.29  the uncompleted calendar quarter prior to the date the 
  2.30  applicant's benefit is effective; and 
  2.31     (5) no base period under clause (1), (2), or (3), or (4) 
  2.32  shall include wage credits upon which a prior benefit account 
  2.33  was established.  If applicable, the commissioner shall inform 
  2.34  an applicant of the option of a base period under clause (2), 
  2.35  (3), or (4). 
  2.36     [EFFECTIVE DATE.] This section is effective for benefit 
  3.1   accounts established on or after August 1, 2002. 
  3.2      Sec. 2.  Minnesota Statutes 2000, section 268.035, 
  3.3   subdivision 19, is amended to read: 
  3.4      Subd. 19.  [HIGH QUARTER.] "High quarter" means the 
  3.5   calendar quarter in an applicant's base period, including the 
  3.6   uncompleted calendar quarter if an alternate base period is 
  3.7   applicable, with the highest amount of wage credits. 
  3.8      [EFFECTIVE DATE.] This section is effective for benefit 
  3.9   accounts established on or after August 1, 2002. 
  3.10     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.11  268.07, subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [APPLICATION FOR UNEMPLOYMENT BENEFITS; 
  3.13  DETERMINATION OF BENEFIT ACCOUNT.] (a) An application for 
  3.14  unemployment benefits may be filed in person, by mail, by 
  3.15  telephone, or by electronic transmission as the commissioner 
  3.16  shall require.  The applicant must be unemployed at the time the 
  3.17  application is filed and must provide all requested information 
  3.18  in the manner required.  If the applicant is not unemployed at 
  3.19  the time of the application or fails to provide all requested 
  3.20  information, the communication shall not be considered an 
  3.21  application for unemployment benefits. 
  3.22     (b) The commissioner shall examine each application for 
  3.23  unemployment benefits to determine the base period and the 
  3.24  benefit year, and based upon all the covered employment in the 
  3.25  base period the commissioner shall determine the weekly 
  3.26  unemployment benefit amount available, if any, and the maximum 
  3.27  amount of unemployment benefits available, if any.  The 
  3.28  determination shall be known as the determination of benefit 
  3.29  account.  A determination of benefit account shall be sent to 
  3.30  the applicant and all base period employers, by mail or 
  3.31  electronic transmission. 
  3.32     (c) If a base period employer did not provide wage 
  3.33  information for the applicant as provided for in section 
  3.34  268.044, or the wage information is not yet available because of 
  3.35  a base period under section 268.035, subdivision 4, clause (3) 
  3.36  or (4), the commissioner shall accept an applicant certification 
  4.1   as to wage credits, based upon the applicant's records, and 
  4.2   issue a determination of benefit account. 
  4.3      If a determination of benefit account was issued based upon 
  4.4   the applicant's certification as to wage credits because of a 
  4.5   base period under section 268.035, subdivision 4, clause (3) or 
  4.6   (4), when the wage information becomes available under section 
  4.7   268.044, the commissioner shall reconsider the determination of 
  4.8   benefit account and, if appropriate, issue an amended 
  4.9   determination. 
  4.10     (d) The commissioner may, at any time within 24 months from 
  4.11  the establishment of a benefit account, reconsider any 
  4.12  determination of benefit account and make an amended 
  4.13  determination if the commissioner finds that the determination 
  4.14  was incorrect for any reason.  An amended determination shall be 
  4.15  promptly sent to the applicant and all base period employers, by 
  4.16  mail or electronic transmission. 
  4.17     If an amended determination of benefit account reduces the 
  4.18  weekly unemployment benefit amount or maximum amount of 
  4.19  unemployment benefits available, any unemployment benefits that 
  4.20  have been paid greater than the applicant was entitled is 
  4.21  considered an overpayment of unemployment benefits under section 
  4.22  268.18, subdivision 1. 
  4.23     [EFFECTIVE DATE.] This section is effective for benefit 
  4.24  accounts established on or after August 1, 2002. 
  4.25     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  4.26  268.07, subdivision 2, is amended to read: 
  4.27     Subd. 2.  [BENEFIT ACCOUNT REQUIREMENTS AND WEEKLY 
  4.28  UNEMPLOYMENT BENEFIT AMOUNT AND MAXIMUM AMOUNT OF UNEMPLOYMENT 
  4.29  BENEFITS.] (a) To establish a benefit account, an applicant must 
  4.30  have: 
  4.31     (1) high quarter wage credits of at least $1,000; and 
  4.32     (2) wage credits, in other than the high quarter, of at 
  4.33  least $250 $1,250.  
  4.34     (b) If an applicant has established a benefit account, the 
  4.35  weekly unemployment benefit amount available during the benefit 
  4.36  year shall be the higher of: 
  5.1      (1) 50 percent of the applicant's average weekly wage 
  5.2   during the base period, to a maximum of 66-2/3 percent of the 
  5.3   state's average weekly wage; or 
  5.4      (2) 50 percent of the applicant's average weekly wage 
  5.5   during the high quarter, to a maximum of 50 percent of the 
  5.6   state's average weekly wage. 
  5.7      The applicant's average weekly wage under clause (1) shall 
  5.8   be computed by dividing the total wage credits by 52.  The 
  5.9   applicant's average weekly wage under clause (2) shall be 
  5.10  computed by dividing the high quarter wage credits by 13.  
  5.11     (c) The state's maximum weekly unemployment benefit amount 
  5.12  and the applicant's weekly unemployment benefit amount and 
  5.13  maximum amount of unemployment benefits shall be rounded down to 
  5.14  the next lowest whole dollar.  
  5.15     (d) The maximum amount of unemployment benefits available 
  5.16  on any benefit account shall be the lower of: 
  5.17     (1) 33-1/3 percent of the applicant's total wage credits; 
  5.18  or 
  5.19     (2) 26 times the applicant's weekly unemployment benefit 
  5.20  amount. 
  5.21     [EFFECTIVE DATE.] This section is effective for benefit 
  5.22  accounts established on or after August 1, 2002.