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HF 3120

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2006

Current Version - as introduced

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A bill for an act
relating to employment; regulating eligibility for unemployment and dislocated
worker benefits.

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

Section 1. new text begin LABOR DISPUTE; OVERPAYMENTS.
new text end

new text begin If an unemployment law judge decision issued in 2005 awards unemployment
benefits in a case involving a labor dispute, any unemployment benefits paid to the
applicant shall not be considered an overpayment under Minnesota Statutes, section
268.18, subdivision 1, if the unemployment law judge's award of unemployment benefits
is reversed by the Minnesota Court of Appeals or the Supreme Court of Minnesota.
new text end

Sec. 2. new text begin LABOR DISPUTE; BENEFITS.
new text end

new text begin An applicant for unemployment benefits in a case involving a labor dispute whose
case was ordered to hearing by the commissioner in 2005 without an initial determination
shall not be ineligible for unemployment benefits because of participation in a labor
dispute notwithstanding Minnesota Statutes, section 268.085, subdivision 13b. This
section is consistent with and is not intended to overrule any Minnesota Supreme Court
precedent interpreting Minnesota Statutes, section 268.085, subdivision 13b.
new text end

Sec. 3. new text begin DISLOCATED WORKER PROGRAM; ELIGIBILITY.
new text end

new text begin (a) An individual whose claim for unemployment benefits is subject to section 2
is deemed a dislocated worker for purposes of the dislocated worker program contained
in Minnesota Statutes, section 116L.17. This paragraph is in addition to any other law
providing a basis for eligibility for dislocated worker program benefits.
new text end

new text begin (b) The commissioner of employment and economic development may waive
dislocated worker program requirements for individuals described in paragraph (a) if the
commissioner determines that the unique facts of an employee's work cessation justifies a
waiver. The waiver includes the authority to make retroactive payments for training
expenses incurred or obligated for prior to the time the individual was eligible for the
program. The waivers shall be granted on an individual basis.
new text end

Sec. 4. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 is effective the day following final enactment and applies to unemployment
benefits awarded pursuant to a hearing held in calendar year 2005. Section 2 is effective
the day following final enactment, is retroactive to January 29, 2006, and applies to cases
ordered to hearing by the commissioner of employment and economic development in
2005. Section 3 is effective the day following final enactment.
new text end