HF 2310

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to unemployment insurance; modifying Social Security offset provisions;
amending Minnesota Statutes 2006, section 268.085, subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 268.085, subdivision 4, is amended to read:

Subd. 4.

Social Security benefits.

deleted text begin (a) Any applicant aged 62 or over shall be
required to state when filing an application for unemployment benefits and when filing
continued biweekly requests for unemployment benefits whether the applicant is receiving,
has filed for, or intends to file for, primary Social Security old age benefits for any week
during the benefit year.
deleted text end

deleted text begin There shall be deducted from an applicant's weekly unemployment benefit amount
50 percent 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 end

deleted text begin (b) deleted text end new text begin (a) new text end An applicant who is receiving, has received, or has filed for primary Social
Security disability benefits for any week during the benefit year deleted text begin shall deleted text end new text begin must new text end be determined
unable to work and unavailable for suitable employment 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 able to work and available for suitable employment.

new text begin (b) new text end If an applicant meets the requirements of clause (1) or (2) new text begin of paragraph (a) new text end ,
then there deleted text begin shall be deducted deleted text end new text begin is no deduction new text end from the applicant's weekly unemployment
benefit amount deleted text begin 50 percent of the weekly equivalent of deleted text end new text begin for new text end the primary Social Security
disability benefits the applicant is receiving, has received, or has filed for, with respect
to that week deleted text begin ; provided, however, that if the Social Security Administration determines
that an individual is not entitled to receive primary Social Security disability benefits for
any week the applicant has applied for those benefits, the 50 percent deduction shall not
apply to that week deleted text end .

(c) Information from the Social Security Administration deleted text begin shall be deleted text end new text begin is new text end considered
conclusive, absent specific evidence showing that the information was erroneous.

(d) deleted text begin If the computation of the reduced unemployment benefits is not a whole dollar,
it shall be rounded down to the next lower whole dollar deleted text end new text begin If an applicant is receiving, has
received, or has filed for Social Security old age benefits with respect to any week during
the benefit year, that has no effect on the payment of unemployment benefits for that week new text end .

deleted text begin (e) This subdivision does not apply to Social Security survivor benefits.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2007, and applies to
any unemployment benefits paid after that date.
new text end