SF 283

as introduced - 88th Legislature (2013 - 2014) Posted on 02/08/2013 08:58am

A bill for an act
relating to unemployment insurance; modifying the definition of noncovered
employment; amending Minnesota Statutes 2012, section 268.035, subdivision
20.

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

Section 1.

Minnesota Statutes 2012, section 268.035, subdivision 20, is amended to read:

Subd. 20.

Noncovered employment.

"Noncovered employment" means:

(1) employment for the United States government or an instrumentality thereof,
including military service;

(2) employment for a state, other than Minnesota, or a political subdivision or
instrumentality thereof;

(3) employment for a foreign government;

(4) employment for an instrumentality wholly owned by a foreign government,
if the employment is of a character similar to that performed in foreign countries by
employees of the United States government or an instrumentality thereof and the United
States Secretary of State has certified that the foreign government grants an equivalent
exemption to similar employment performed in the foreign country by employees of the
United States government and instrumentalities thereof;

(5) employment covered under United States Code, title 45, section 351, the
Railroad Unemployment Insurance Act;

(6) employment covered by a reciprocal arrangement between the commissioner and
another state or the federal government that provides that all employment performed by an
individual for an employer during the period covered by the reciprocal arrangement is
considered performed entirely within another state;

(7) employment for a church or convention or association of churches, or an
organization operated primarily for religious purposes that is operated, supervised,
controlled, or principally supported by a church or convention or association of churches
described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue
Code and exempt from income tax under section 501(a);

(8) employment of a duly ordained or licensed minister of a church in the exercise of
a ministry or by a member of a religious order in the exercise of duties required by the
order, for Minnesota or a political subdivision or an organization described in United
States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt
from income tax under section 501(a);

(9) employment of an individual receiving rehabilitation of "sheltered" work in
a facility conducted for the purpose of carrying out a program of rehabilitation for
individuals whose earning capacity is impaired by age or physical or mental deficiency
or injury or a program providing "sheltered" work for individuals who because of an
impaired physical or mental capacity cannot be readily absorbed in the competitive labor
market. This clause applies only to services performed for Minnesota or a political
subdivision or an organization described in United States Code, title 26, section 501(c)(3)
of the federal Internal Revenue Code and exempt from income tax under section 501(a)
in a facility certified by the Rehabilitation Services Branch of the department or in a day
training or habilitation program licensed by the Department of Human Services;

(10) employment of an individual receiving work relief or work training as part of
an unemployment work relief or work training program assisted or financed in whole or
in part by any federal agency or an agency of a state or political subdivision thereof.
This clause applies only to employment for Minnesota or a political subdivision or an
organization described in United States Code, title 26, section 501(c)(3) of the federal
Internal Revenue Code and exempt from income tax under section 501(a). This clause does
not apply to programs that require unemployment benefit coverage for the participants;

(11) employment for Minnesota or a political subdivision as an elected official, a
member of a legislative body, or a member of the judiciary;

(12) employment as a member of the Minnesota National Guard or Air National
Guard;

(13) employment for Minnesota, a political subdivision, or instrumentality thereof,
as an employee serving only on a temporary basis in case of fire, flood, tornado, or
similar emergency;

(14) employment as an election official or election worker for Minnesota or a
political subdivision, but only if the compensation for that employment was less than
$1,000 in a calendar year;

(15) employment for Minnesota that is a major policy-making or advisory position
in the unclassified service;

(16) employment for Minnesota in an unclassified position established under section
43A.08, subdivision 1a;

(17) employment for a political subdivision of Minnesota that is a nontenured major
policy making or advisory position;

(18) domestic employment in a private household, local college club, or local
chapter of a college fraternity or sorority performed for a person, only if the wages paid
in any calendar quarter in either the current or prior calendar year to all individuals in
domestic employment totaled less than $1,000.

"Domestic employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college fraternity or
sorority as distinguished from service as an employee in the pursuit of an employer's
trade or business;

(19) employment of an individual by a son, daughter, or spouse, and employment of
a child under the age of 18 by the child's father or mother;

(20) deleted text begin employment of an individual who provides direct care to an immediate family
member funded through the personal care assistance program under section 256B.0659;
deleted text end

deleted text begin (21) deleted text end employment of an inmate of a custodial or penal institution;

deleted text begin (22) deleted text end new text begin (21) new text end employment for a school, college, or university by a student who is
enrolled and whose primary relation to the school, college, or university is as a student.
This does not include an individual whose primary relation to the school, college, or
university is as an employee who also takes courses;

deleted text begin (23) deleted text end new text begin (22) new text end employment of an individual who is enrolled as a student in a full-time
program at a nonprofit or public educational institution that maintains a regular faculty
and curriculum and has a regularly organized body of students in attendance at the place
where its educational activities are carried on, taken for credit at the institution, that
combines academic instruction with work experience, if the employment is an integral
part of the program, and the institution has so certified to the employer, except that this
clause does not apply to employment in a program established for or on behalf of an
employer or group of employers;

deleted text begin (24) deleted text end new text begin (23) new text end employment of university, college, or professional school students in an
internship or other training program with the city of St. Paul or the city of Minneapolis
under Laws 1990, chapter 570, article 6, section 3;

deleted text begin (25) deleted text end new text begin (24) new text end employment for a hospital by a patient of the hospital. "Hospital" means
an institution that has been licensed by the Department of Health as a hospital;

deleted text begin (26) deleted text end new text begin (25) new text end employment as a student nurse for a hospital or a nurses' training school by
an individual who is enrolled and is regularly attending classes in an accredited nurses'
training school;

deleted text begin (27) deleted text end new text begin (26) new text end employment as an intern for a hospital by an individual who has completed
a four-year course in an accredited medical school;

deleted text begin (28) deleted text end new text begin (27) new text end employment as an insurance salesperson, by other than a corporate
officer, if all the wages from the employment is solely by way of commission. The word
"insurance" includes an annuity and an optional annuity;

deleted text begin (29) deleted text end new text begin (28) new text end employment as an officer of a township mutual insurance company or
farmer's mutual insurance company operating under chapter 67A;

deleted text begin (30) deleted text end new text begin (29) new text end employment of a corporate officer, if the officer directly or indirectly,
including through a subsidiary or holding company, owns 25 percent or more of the
employer corporation, and employment of a member of a limited liability company, if the
member directly or indirectly, including through a subsidiary or holding company, owns
25 percent or more of the employer limited liability company;

deleted text begin (31) deleted text end new text begin (30) new text end employment as a real estate salesperson, by other than a corporate officer,
if all the wages from the employment is solely by way of commission;

deleted text begin (32) deleted text end new text begin (31) new text end employment as a direct seller as defined in United States Code, title 26,
section 3508;

deleted text begin (33) deleted text end new text begin (32) new text end employment of an individual under the age of 18 in the delivery or
distribution of newspapers or shopping news, not including delivery or distribution to any
point for subsequent delivery or distribution;

deleted text begin (34) deleted text end new text begin (33) new text end casual employment performed for an individual, other than domestic
employment under clause (18), that does not promote or advance that employer's trade or
business;

deleted text begin (35) deleted text end new text begin (34) new text end employment in "agricultural employment" unless considered "covered
agricultural employment" under subdivision 11; or

deleted text begin (36) deleted text end new text begin (35) new text end if employment during one-half or more of any pay period was covered
employment, all the employment for the pay period is considered covered employment;
but if during more than one-half of any pay period the employment was noncovered
employment, then all of the employment for the pay period is considered noncovered
employment. "Pay period" means a period of not more than a calendar month for which a
payment or compensation is ordinarily made to the employee by the employer.