SF 6

Introduction - 87th Legislature (2011 - 2012)

Posted on 02/23/2012 08:07 a.m.

A bill for an act
relating to unemployment insurance; modifying exceptions for part-time
employers; amending Minnesota Statutes 2010, section 268.047, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 268.047, subdivision 2, is amended to read:

Subd. 2.

Exceptions for all employers.

Unemployment benefits paid will not be
used in computing the future tax rate of a taxpaying base period employer or charged to
the reimbursable account of a base period nonprofit or government employer that has
elected to be liable for reimbursements when:

(1) the applicant was discharged from the employment because of aggravated
employment misconduct as determined under section 268.095. This exception applies
only to unemployment benefits paid for periods after the applicant's discharge from
employment;

(2) an applicant's discharge from that employment occurred because a law required
removal of the applicant from the position the applicant held;

(3) the employer provided deleted text begin regularly scheduled deleted text end part-time employment to the
applicant during the applicant's base period and continues to provide the applicant with
deleted text begin regularly scheduled deleted text end part-time employment during the benefit year of at least 90 percent
of the part-time employment provided in the base period, and is an involved employer
because of the applicant's loss of other employment. This exception terminates effective
the first week that the employer fails to meet the benefit year employment requirements.
This exception applies to educational institutions without consideration of the period
between academic years or terms;

(4) the employer is a fire department or firefighting corporation or operator of
a life-support transportation service, and continues to provide employment for the
applicant as a volunteer firefighter or a volunteer ambulance service personnel during the
benefit year on the same basis that employment was provided in the base period. This
exception terminates effective the first week that the employer fails to meet the benefit
year employment requirements;

(5) the applicant's unemployment from this employer was a direct result of the
condemnation of property by a governmental agency, a fire, flood, or act of nature,
where 25 percent or more of the employees employed at the affected location, including
the applicant, became unemployed as a result. This exception does not apply where the
unemployment was a direct result of the intentional act of the employer or a person acting
on behalf of the employer;

(6) the unemployment benefits were paid by another state as a result of the
transferring of wage credits under a combined wage arrangement provided for in section
268.131;

(7) the applicant stopped working because of a labor dispute at the applicant's
primary place of employment if the employer was not a party to the labor dispute;

(8) the unemployment benefits were determined overpaid unemployment benefits
under section 268.18;

(9) the applicant was employed as a replacement worker, for a period of six months
or longer, for an employee who is in the military reserve and was called for active duty
during the time the applicant worked as a replacement, and the applicant was laid off
because the employee returned to employment after active duty; or

(10) the trust fund was reimbursed for the unemployment benefits by the federal
government.

new text begin EFFECTIVE DATE. new text end

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