HF 1696

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; providing extra 
  1.3             unemployment benefits for certain workers laid off 
  1.4             from the Partridge River wood products plant. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [PARTRIDGE RIVER EXTRA BENEFITS; AVAILABILITY.] 
  1.7      Subdivision 1.  [EXTRA BENEFITS; AVAILABILITY.] Extra 
  1.8   unemployment benefits are available to an applicant if the 
  1.9   applicant was laid off between February 2001 and March 2001 from 
  1.10  the Partridge River wood products plant in St. Louis county. 
  1.11     Subd. 2.  [PAYMENT FROM FUND; EFFECT ON EMPLOYER.] Extra 
  1.12  unemployment benefits are payable from the fund.  Extra 
  1.13  unemployment benefits shall not affect the future tax rate of a 
  1.14  taxpaying employer nor be charged to the reimbursing account of 
  1.15  a government or nonprofit employer. 
  1.16     Subd. 3.  [ELIGIBILITY CONDITIONS.] An applicant is 
  1.17  eligible to receive extra unemployment benefits under this 
  1.18  section for any week during the 52-week period following the 
  1.19  effective date of the applicant's benefit account of regular 
  1.20  unemployment benefits, as a result of a layoff described under 
  1.21  subdivision 1, if: 
  1.22     (1) a majority of the applicant's wage credits were with 
  1.23  the Partridge River wood products plant in St. Louis county; 
  1.24     (2) except as provided in subdivision 6, the applicant 
  1.25  meets the eligibility requirements of Minnesota Statutes, 
  2.1   section 268.085; 
  2.2      (3) the applicant is not subject to a disqualification 
  2.3   under Minnesota Statutes, section 268.095, except as provided in 
  2.4   subdivision 7; and 
  2.5      (4) the applicant is not entitled to regular unemployment 
  2.6   benefits and the applicant is not entitled to receive 
  2.7   unemployment benefits under any other state or federal law for 
  2.8   that week. 
  2.9      If an applicant qualifies for a new regular benefit account 
  2.10  at any time after exhausting regular unemployment benefits as a 
  2.11  result of the layoff under subdivision 1, the applicant must 
  2.12  apply for and exhaust entitlement to those new regular 
  2.13  unemployment benefits. 
  2.14     Subd. 4.  [WEEKLY AMOUNT OF EXTRA BENEFITS.] The weekly 
  2.15  extra unemployment benefits amount available to an applicant is 
  2.16  the same as the applicant's weekly regular unemployment benefit 
  2.17  amount on the benefit account established as a result of a 
  2.18  layoff under subdivision 1. 
  2.19     Subd. 5.  [MAXIMUM AMOUNT OF EXTRA UNEMPLOYMENT 
  2.20  BENEFITS.] The maximum amount of extra unemployment benefits 
  2.21  available is 13 times the applicant's weekly regular benefit 
  2.22  amount available on the benefit account established as a result 
  2.23  of a layoff under subdivision 1. 
  2.24     Subd. 6.  [WORKERS' COMPENSATION/DISABILITY INSURANCE 
  2.25  OFFSET.] (a) An applicant laid off from the Partridge River wood 
  2.26  products plant in St. Louis county on or after February 1, 2001, 
  2.27  who is otherwise eligible for regular or extra unemployment 
  2.28  benefits is not subject to the deductible payment provisions of 
  2.29  Minnesota Statutes, section 268.085, subdivision 3, paragraph 
  2.30  (a), clause (3).  Instead, the applicant is subject to the 
  2.31  limitations of this subdivision. 
  2.32     (b) An applicant shall not be eligible to receive 
  2.33  unemployment benefits for any week with respect to which the 
  2.34  applicant is receiving or has received compensation for loss of 
  2.35  wages equal to or in excess of the applicant's weekly 
  2.36  unemployment benefit amount under: 
  3.1      (1) the workers' compensation law of this state; 
  3.2      (2) the workers' compensation law of any other state or 
  3.3   similar federal law; or 
  3.4      (3) any insurance or fund paid in whole or in part by an 
  3.5   employer. 
  3.6      If an applicant receives compensation for loss of wages 
  3.7   under clauses (1) to (3) that is less than the applicant's 
  3.8   weekly unemployment benefit amount, then unemployment benefits 
  3.9   requested for that week shall be reduced by the amount of the 
  3.10  compensation payment. 
  3.11     (c) An applicant is not ineligible to receive unemployment 
  3.12  benefits because the applicant has a claim pending for loss of 
  3.13  wages under paragraph (b); however, such a pending claim shall 
  3.14  raise an issue of the applicant's ability to work under 
  3.15  Minnesota Statutes, section 268.085, subdivision 1, clause (2), 
  3.16  that the commissioner shall determine.  If the applicant later 
  3.17  receives compensation as a result of the pending claim, then 
  3.18  that compensation is subject to the provisions of paragraph (b), 
  3.19  and shall be subject to recoupment by the commissioner to the 
  3.20  extent that the compensation constitutes overpaid unemployment 
  3.21  benefits. 
  3.22     (d) If the commissioner intervenes, in accordance with 
  3.23  Minnesota Statutes, section 268.18, subdivision 5, in a workers' 
  3.24  compensation matter under Minnesota Statutes, section 176.361, 
  3.25  in order to recoup overpaid unemployment benefits paid to an 
  3.26  applicant laid off under paragraph (a), the commissioner shall 
  3.27  not be required to pay any portion of the applicant's attorney 
  3.28  fees, and the applicant shall be liable to repay the total 
  3.29  amount of the overpaid unemployment benefits. 
  3.30     This subdivision continues in effect until March 1, 2002. 
  3.31     Sec. 2.  [EFFECTIVE DATE.] 
  3.32     Section 1 is effective the day following final enactment 
  3.33  and applies retroactively to February 1, 2001.