HF 1816

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to reemployment insurance; providing 
  1.3             eligibility for benefits to certain business owners; 
  1.4             amending Minnesota Statutes 1994, section 268.07, 
  1.5             subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 268.07, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [WHEN WAGE CREDITS ARE NOT AVAILABLE.] (1) To 
  1.10  establish a second benefit year following the expiration of an 
  1.11  immediately preceding benefit year, an individual must have 
  1.12  sufficient wage credits and weeks of employment to establish a 
  1.13  claim under the provisions of subdivision 2 and must have 
  1.14  performed services after the establishment of the expired 
  1.15  benefit year.  The services performed must have been in insured 
  1.16  work and the wages paid for those services must equal not less 
  1.17  than ten times the weekly benefit amount of the second benefit 
  1.18  year.  A claim filed sufficiently in advance of anticipated 
  1.19  unemployment to make the limitations of this clause ineffective 
  1.20  shall be invalid.  It is the purpose of this provision that an 
  1.21  individual cannot establish more than one benefit year as a 
  1.22  result of one separation from employment. 
  1.23     (2) No employer who provided 90 percent or more of the wage 
  1.24  credits in a claimant's base period shall be charged for 
  1.25  benefits based upon earnings of the claimant during a subsequent 
  2.1   base period unless the employer has employed the claimant in any 
  2.2   part of the subsequent base period. 
  2.3      (3) Wages paid by an employing unit may not be used for 
  2.4   benefit purposes by any claimant who (a) individually, jointly, 
  2.5   or in combination with the claimant's spouse, parent, or child 
  2.6   owns or controls directly or indirectly 25 percent or more 
  2.7   interest in the employing unit; or (b) is the spouse, parent, or 
  2.8   minor child of any individual who owns or controls directly or 
  2.9   indirectly 25 percent or more interest in the employing unit; 
  2.10  and (c) is not permanently separated from employment. 
  2.11     This clause is effective when the individual has been paid 
  2.12  four times the individual's weekly benefit amount in the current 
  2.13  benefit year.  This clause does not apply to an employing unit 
  2.14  that is organized under the rules of subchapter S of the 
  2.15  Internal Revenue Code of 1986. 
  2.16     (4) Wages paid in seasonal employment, as defined in 
  2.17  subdivision 2a, are not available for benefit purposes during 
  2.18  weeks in which there is no seasonal employment available with 
  2.19  the employer. 
  2.20     (5) No employer shall be charged for benefits if the 
  2.21  employer is a base period employer on a second claim solely 
  2.22  because of the transition from a base period consisting of the 
  2.23  52-week period preceding the claim date to a base period as 
  2.24  defined in section 268.04, subdivision 2.