HF 3722

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to unemployment insurance; providing for extended unemployment
benefits under certain circumstances; amending Minnesota Statutes 2007
Supplement, section 268.115, subdivision 1.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 268.115, subdivision 1,
is amended to read:

Subdivision 1.

Definitions.

The terms used in this section have the following
meaning:

(1) "Extended unemployment benefit period" means a period that lasts for a
minimum of 13 weeks and that:

(i) Begins with the third week after there is a state "on" indicator; and

(ii) Ends with the third week after there is a state "off" indicator.

No extended unemployment benefit period may begin before the 14th week
following the end of a prior extended unemployment benefit period.

(2) There is a "state 'on' indicator" for a week if:

(i) for that week and the prior 12 weeks, the rate of insured unemployment:

(a) equaled or exceeded 120 percent of the average of the rates for the corresponding
13-week period ending in each of the prior two calendar years, and was five percent or
more; or

(b) equaled or exceeded six percent; deleted text begin or
deleted text end

(ii) new text begin for that week and the prior 12 weeks the rate of seasonally adjusted
unemployment equaled or exceeded 113 percent of the average of the seasonally adjusted
unemployment rates for the corresponding 12-week period in the prior calendar year; or
new text end

new text begin (iii) new text end The United States Secretary of Labor determines that the average rate of
seasonally adjusted total unemployment in Minnesota for the most recent three months
for which data is published equals or exceeds 6.5 percent and this rate equals or exceeds
110 percent of the rate of the corresponding three-month period in either of the prior
two calendar years.

(3) There is a "state 'off' indicator" for a week if:

(i) under clause (2)(i), for that week and the prior 12 weeks, the requirements for a
"state 'on' indicator" are not satisfied; or

(ii) under clause (2)(ii) the requirements for a "state 'on' indicator" are not satisfied.

(4) "Rate of insured unemployment," means the percentage derived by dividing the
average weekly number of applicants filing continued requests for regular unemployment
benefits in the most recent 13-week period by the average monthly covered employment
for the first four of the last six completed calendar quarters before the end of that 13-week
period.

(5) "Regular unemployment benefits" means unemployment benefits available to
an applicant other than extended unemployment benefits and additional unemployment
benefits.

(6) "Eligibility period" for an applicant means the period consisting of the weeks
remaining in the applicant's benefit year within the extended unemployment benefit period
and, if the benefit year ends within the extended unemployment benefit period, any weeks
in the extended unemployment benefit period.

(7) "Exhaustee" means an applicant who, in the eligibility period:

(i) the benefit year having not expired has received the maximum amount of regular
unemployment benefits that were available under section 268.07; or

(ii) the benefit year having expired, has insufficient wage credits to establish a new
benefit account; and

has no right to any type of unemployment benefits under any other state or federal laws
and is not receiving unemployment benefits under the law of Canada.

new text begin EFFECTIVE DATE. new text end

new text begin This section if effective the day following final enactment.
new text end