SF 3128

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to unemployment insurance; allowing certain 
  1.3             school employees to collect benefits between academic 
  1.4             years or terms; amending Minnesota Statutes 2001 
  1.5             Supplement, section 268.085, subdivision 7. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.8   268.085, subdivision 7, is amended to read: 
  1.9      Subd. 7.  [SCHOOL EMPLOYEES.] (a) No wage credits in any 
  1.10  amount from any employment with any educational institution or 
  1.11  institutions earned in any an instructional, research, or 
  1.12  principal administrative capacity may be used for unemployment 
  1.13  benefit purposes for any week during the period between two 
  1.14  successive academic years or terms if: 
  1.15     (1) the applicant had employment for any educational 
  1.16  institution or institutions in the prior academic year or term; 
  1.17  and 
  1.18     (2) there is a reasonable assurance that the applicant will 
  1.19  have employment for any educational institution or institutions 
  1.20  in the following academic year or term, unless that subsequent 
  1.21  employment is substantially less favorable than the employment 
  1.22  of the prior academic year or term.  
  1.23     (b) Paragraph (a) shall not apply to an applicant who, at 
  1.24  the end of the prior academic year or term, had an agreement for 
  1.25  a definite period of employment between academic years or terms 
  2.1   in other than an instructional, research, or principal 
  2.2   administrative capacity and the educational institution or 
  2.3   institutions failed to provide that employment.  
  2.4      (c) If unemployment benefits are denied to any applicant 
  2.5   under paragraph (a) who was employed in the prior academic year 
  2.6   or term in other than an instructional, research, or principal 
  2.7   administrative capacity and who was not offered an opportunity 
  2.8   to perform the employment in the following academic year or 
  2.9   term, the applicant shall be entitled to retroactive 
  2.10  unemployment benefits for each week during the period between 
  2.11  academic years or terms that the applicant filed a timely 
  2.12  continued request for unemployment benefits, but unemployment 
  2.13  benefits were denied solely because of paragraph (a).  
  2.14     (d) (b) An educational assistant shall not be considered to 
  2.15  be in an instructional, research, or principal administrative 
  2.16  capacity. 
  2.17     (e) (c) Paragraph (a) shall apply to any vacation period or 
  2.18  holiday recess if the applicant was employed immediately before 
  2.19  the vacation period or holiday recess, and there is a reasonable 
  2.20  assurance that the applicant will be employed immediately 
  2.21  following the vacation period or holiday recess.  
  2.22     (f) (d) This subdivision shall apply to employment with an 
  2.23  educational service agency if the applicant performed the 
  2.24  services at an educational institution or institutions.  
  2.25  "Educational service agency" means a governmental agency or 
  2.26  entity established and operated exclusively for the purpose of 
  2.27  providing services to one or more educational institutions.  
  2.28  This subdivision shall also apply to employment with Minnesota 
  2.29  or a political subdivision, or a nonprofit organization, if the 
  2.30  services are provided to or on behalf of an educational 
  2.31  institution or institutions. 
  2.32     (g) (e) Paragraphs (a) and (e) (c) shall apply beginning 
  2.33  the Sunday of the week that there is a reasonable assurance of 
  2.34  employment. 
  2.35     (h) (f) Employment with multiple education institutions 
  2.36  shall be aggregated for purposes of application of this 
  3.1   subdivision. 
  3.2      (i) (g) If all of the applicant's employment with any 
  3.3   educational institution or institutions during the prior 
  3.4   academic year or term consisted of on-call employment, and the 
  3.5   applicant has a reasonable assurance of any on-call employment 
  3.6   with any educational institution or institutions for the 
  3.7   following academic year or term, it shall not be considered 
  3.8   substantially less favorable employment. 
  3.9      (j) (h) Paragraph (a) shall also apply to the period 
  3.10  between two regular but not successive terms. 
  3.11     (k) (i) A "reasonable assurance" may be written, oral, 
  3.12  implied, or established by custom or practice. 
  3.13     (l) (j) An "educational institution" is an educational 
  3.14  entity operated by Minnesota or a political subdivision or an 
  3.15  instrumentality thereof, or an educational organization 
  3.16  described in United States Code, title 26, section 501(c)(3) of 
  3.17  the federal Internal Revenue Code, and exempt from income tax 
  3.18  under section 501(a).