Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 106

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 12:47pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21
1.22
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23

A bill for an act
relating to unemployment insurance; removing Social Security and Social Security
disability offsets; amending Minnesota Statutes 2020, section 268.085, subdivisions
4, 4a.

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

Section 1.

Minnesota Statutes 2020, section 268.085, subdivision 4, is amended to read:


Subd. 4.

Social Security old age insurance benefits.

(a) If all of the applicant's wage
credits were earned while the applicant was claiming Social Security old age benefits, there
is no deduction of the Social Security benefits from the applicant's weekly unemployment
benefit amount.

(b) deleted text beginUnlessdeleted text endnew text begin Whennew text end paragraph (a) deleted text beginapplies, 50 percentdeleted text endnew text begin does not apply, nonenew text end of the weekly
equivalent of the primary Social Security old age benefit the applicant has received, has
filed for, or intends to file for, with respect to that week deleted text beginmustdeleted text end new text beginmay new text endbe deducted from an
applicant's weekly unemployment benefit amount.

(c) Any applicant aged 62 or over is required to state when filing an application for
unemployment benefits and when filing continued requests for unemployment benefits if
the applicant is receiving, has filed for, or intends to file for, primary Social Security old
age benefits.

(d) Information from the Social Security Administration is conclusive, absent specific
evidence showing that the information was erroneous.

(e) This subdivision does not apply to Social Security survivor benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 268.085, subdivision 4a, is amended to read:


Subd. 4a.

Social Security disability benefits.

(a) An applicant who is receiving, has
received, or has filed for primary Social Security disability benefits for any week is ineligible
for unemployment benefits for that week, unless:

(1) the Social Security Administration approved the collecting of primary Social Security
disability benefits each month the applicant was employed during the base period; or

(2) the applicant provides a statement from an appropriate health care professional who
is aware of the applicant's Social Security disability claim and the basis for that claim,
certifying that the applicant is available for suitable employment.

(b) If an applicant meets the requirements of paragraph (a), clause (1), there is no
deduction from the applicant's weekly benefit amount for any Social Security disability
benefits.

(c) If an applicant meets the requirements of paragraph (a), clause (2), there must be
deducted from the applicant's weekly unemployment benefit amount deleted text begin50 percentdeleted text endnew text begin nonenew text end of the
weekly equivalent of the primary Social Security disability benefits the applicant is receiving,
has received, or has filed for, with respect to that week.

If the Social Security Administration determines that the applicant is not entitled to
receive primary Social Security disability benefits for any week the applicant has applied
for those benefits, then this paragraph does not apply to that week.

(d) Information from the Social Security Administration is conclusive, absent specific
evidence showing that the information was erroneous.

(e) This subdivision does not apply to Social Security survivor benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2021.
new text end