HF 1548

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to reemployment insurance; modifying 
  1.3             reemployment insurance account provisions; providing a 
  1.4             waiting period for certain claimants; amending 
  1.5             Minnesota Statutes 1996, sections 268.07, subdivision 
  1.6             2; and 268.08, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 268.07, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [WEEKLY BENEFIT AMOUNT AND DURATION.] (a) To 
  1.11  establish a reemployment insurance account, a claimant must have:
  1.12     (1) wage credits in two or more calendar quarters of the 
  1.13  claimant's base period; 
  1.14     (2) minimum total base period wage credits equal to the 
  1.15  high quarter wages wage credits multiplied by 1.25; 
  1.16     (3) high quarter wage credits of not less than $1,000; and 
  1.17     (4) performed work in 15 or more calendar weeks in the base 
  1.18  period.  
  1.19     (b) If the commissioner finds that a claimant has 
  1.20  sufficient wage credits and weeks worked within the base period 
  1.21  to establish established a reemployment insurance account, the 
  1.22  weekly benefit amount payable to the claimant during the 
  1.23  claimant's benefit year shall be equal to 1/26 of the claimant's 
  1.24  high quarter wage credits, rounded to the next lower whole 
  1.25  dollar.  
  1.26     (c) Notwithstanding paragraph (b), the maximum weekly 
  2.1   benefit amount shall be a percentage of the average weekly wage 
  2.2   as determined under paragraphs (d) and (e).  
  2.3      (d) On or before June 30 of each year, the commissioner 
  2.4   shall determine the average weekly wage for purposes of 
  2.5   paragraph (c) paid by employers subject to sections 268.03 to 
  2.6   268.23 in the following manner:  
  2.7      (1) The sum of the total monthly employment reported for 
  2.8   the previous calendar year shall be divided by 12 to determine 
  2.9   the average monthly employment.  
  2.10     (2) The sum of the total wages reported for the previous 
  2.11  calendar year shall be divided by the average monthly employment 
  2.12  to determine the average annual wage.  
  2.13     (3) The average annual wage shall be divided by 52 to 
  2.14  determine the average weekly wage.  
  2.15     (e) The maximum weekly benefit amount for any reemployment 
  2.16  insurance account established during the 12-month period 
  2.17  subsequent to June 30 of any year shall be determined on the 
  2.18  basis of the unemployment fund balance on December 31 of the 
  2.19  preceding year.  If the fund balance is less than $70,000,000 on 
  2.20  that date, the maximum weekly benefit amount shall be 66-2/3 
  2.21  percent of the average weekly wage; if the fund balance is more 
  2.22  than $70,000,000 but less than $100,000,000, the maximum weekly 
  2.23  benefit amount is 66 percent of the average weekly wage; if the 
  2.24  fund balance is more than $100,000,000 but less than 
  2.25  $150,000,000, the maximum weekly benefit amount is 65 percent of 
  2.26  the average weekly wage; if the fund balance is more than 
  2.27  $150,000,000 but less than $200,000,000, the maximum weekly 
  2.28  benefit amount is 64 percent of the average weekly wage; if the 
  2.29  fund balance is more than $200,000,000 but less than 
  2.30  $250,000,000, the maximum weekly benefit amount is 63 percent of 
  2.31  the average weekly wage; if the fund balance is more than 
  2.32  $250,000,000 but less than $300,000,000, the maximum weekly 
  2.33  benefit amount is 62 percent of the state's average weekly wage; 
  2.34  if the fund balance is more than $300,000,000 but less than 
  2.35  $350,000,000, the maximum weekly benefit amount is 61 percent of 
  2.36  the average weekly wage; if the fund balance is more than 
  3.1   $350,000,000, the maximum weekly benefit amount is 60 percent.  
  3.2   The maximum weekly benefit amount as determined under this 
  3.3   paragraph shall be computed to the nearest whole dollar shall 
  3.4   apply to reemployment insurance accounts established subsequent 
  3.5   to June 30 of each year.  
  3.6      (f) (d) The maximum benefit amount payable for on any 
  3.7   benefit year reemployment insurance account shall equal 
  3.8   one-third of the claimant's total base period wage credits 
  3.9   rounded to the next lower dollar, not to exceed 26 times the 
  3.10  claimant's weekly benefit amount.  
  3.11     (e) Notwithstanding paragraph (d), if section 268.08, 
  3.12  subdivision 12, is applicable on the reemployment insurance 
  3.13  account, the maximum benefit amount payable shall be reduced by 
  3.14  three times the claimant's weekly benefit amount. 
  3.15     Sec. 2.  Minnesota Statutes 1996, section 268.08, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 12.  [MULTIYEAR CLAIMANTS.] A claimant who 
  3.18  establishes a reemployment insurance account in each of three 
  3.19  consecutive calendar years shall have a waiting period of three 
  3.20  weeks, during which the claimant is otherwise entitled to 
  3.21  benefits, in addition to the one-week waiting period under 
  3.22  subdivision 1, clause (4), imposed on the third consecutive 
  3.23  account if the claimant: 
  3.24     (1) established a weekly benefit amount on each of the 
  3.25  three consecutive accounts equal to the state's maximum weekly 
  3.26  benefit amount, at the time the account was established; and 
  3.27     (2) was paid benefits on each of the first two consecutive 
  3.28  accounts of at least three times the state's maximum weekly 
  3.29  benefit amount, at the time the account was established.  
  3.30     This subdivision shall not apply if, at the time the third 
  3.31  consecutive account is established, extended benefits under 
  3.32  section 268.071 are payable. 
  3.33     Sec. 3.  [SEVERABILITY.] 
  3.34     If the United States Department of Labor determines that 
  3.35  any part of section 1 or 2 is not in conformity with the federal 
  3.36  Internal Revenue Code or the Social Security Act, then sections 
  4.1   1 and 2 are severed in their entirety. 
  4.2      Sec. 4.  [EFFECTIVE DATE.] 
  4.3      Sections 1 to 3 are effective January 1, 1998.