Minnesota Legislature
SF 4
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am
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A bill for an act
relating to unemployment compensation; providing for a new base period for
calculating benefits; providing for a limited extension of benefits; amending
Minnesota Statutes 2008, section 268.035, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 268.035, subdivision 4, is amended to read:
Subd. 4.
Base period.
new text begin (a) new text end "Base period" new text begin , unless otherwise provided in this
subdivision,new text end meansdeleted text begin :deleted text end new text begin the last four completed calendar quarters before the effective date of
an applicant's application for unemployment benefits if the application has an effective
date occurring after the month following the last completed calendar quarter. The base
period under this paragraph is as follows:
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If the application for unemployment benefits is effective on or between these dates: new text end |
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The base period is the prior: new text end |
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February 1 - March 31 new text end |
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January 1 - December 31 new text end |
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May 1 - June 30 new text end |
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April 1 - March 31 new text end |
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August 1 - September 30 new text end |
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July 1 - June 30 new text end |
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November 1 - December 31 new text end |
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October 1 - September 30 new text end |
deleted text begin (1)deleted text end new text begin (b) If an application for unemployment benefits has an effective date that is
during the month following the last completed calendar quarter, then the base period is
new text end the first four of the last five completed calendar quarters before the effective date of an
applicant's application for unemployment benefitsnew text begin . The base period under this paragraph
is new text end as deleted text begin set forth belowdeleted text end new text begin followsnew text end :
| If the application for unemployment benefits is effective on or between these dates: |
The base period is the prior: |
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| January 1 - deleted text begin March 31deleted text end new text begin January 31 new text end |
October 1 - September 30 |
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| April 1 - deleted text begin June 30deleted text end new text begin April 30 new text end |
January 1 - December 31 |
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| July 1 - deleted text begin September 30deleted text end new text begin July 31 new text end |
April 1 - March 31 |
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| October 1 - deleted text begin December 31deleted text end new text begin October 31 new text end |
July 1 - June 30 |
deleted text begin (2)deleted text end new text begin (c) new text end If the applicant has insufficient wage credits to establish a benefit account
under deleted text begin clauses (1) and (3), anddeleted text end new text begin paragraph (a) or (b), but new text end during the base period under
deleted text begin clause (1)deleted text end new text begin paragraph (a) or (b) new text end an applicant received workers' compensation for temporary
disability under chapter 176 or a similar federal law or similar law of another state, or
if an applicant whose own serious illness caused a loss of work for which the applicant
received compensation for loss of wages from some other source, the applicant may
request an extended base period as follows:
deleted text begin (i)deleted text end new text begin (1)new text end if an applicant was compensated for a loss of work of seven to 13 weeks, the
base period is the first four of the last six completed calendar quarters before the effective
date of the application for unemployment benefits;
deleted text begin (ii)deleted text end new text begin (2)new text end if an applicant was compensated for a loss of work of 14 to 26 weeks, the
base period is the first four of the last seven completed calendar quarters before the
effective date of the application for unemployment benefits;
deleted text begin (iii)deleted text end new text begin (3)new text end if an applicant was compensated for a loss of work of 27 to 39 weeks,
the base period is the first four of the last eight completed calendar quarters before the
effective date of the application for unemployment benefits; and
deleted text begin (iv)deleted text end new text begin (4)new text end if an applicant was compensated for a loss of work of 40 to 52 weeks, the
base period is the first four of the last nine completed calendar quarters before the effective
date of the application for unemployment benefitsdeleted text begin ;deleted text end new text begin .
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(3) if the applicant has insufficient wage credits to establish a benefit account under
clause (1), an alternate base period of the last four completed calendar quarters before the
date the applicant's application for unemployment benefits is effective will be used. This
base period can be used only 30 calendar days or more after the end of the last completed
quarter, when a wage detail report has been, or should have been, filed for that quarter
under section 268.044; and
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deleted text begin (4)deleted text end new text begin (d) new text end No base period under deleted text begin clause (1), (2), or (3)deleted text end new text begin paragraph (a), (b), or (c) new text end may
include wage credits upon which a prior benefit account was established.
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(e) Notwithstanding paragraph (a), the base period calculated under paragraph (b)
using the first four of the last five complete calendar quarters before the effective date of
the applicant's application for unemployment benefits must be used for an applicant if the
applicant has more wage credits under that base period than under the base period in
paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for applications for unemployment
benefits filed effective on or after July 1, 2009.
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Sec. 2. new text begin SPECIAL STATE EMERGENCY UNEMPLOYMENT COMPENSATION
PROGRAM.
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new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
Federal law currently provides for a federally funded
extension of unemployment insurance benefits for applicants who have exhausted
entitlement to regular Minnesota unemployment insurance benefits. But, because federal
law contains a special requirement that an applicant has earned a certain amount of base
period insured wages, a significant group of applicants who exhausted their regular
Minnesota unemployment insurance benefits do not qualify for the federally funded
extension. The purpose of this section is to provide a state-funded extension to that group.
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new text begin Subd. 2. new text end
new text begin Eligibility. new text end
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(a) Special state emergency unemployment insurance benefits
are payable to an applicant who does not qualify for a federally funded extension
of unemployment insurance benefits solely because the applicant does not meet the
requirement under section 4001(d)(2)(a) of the federal Supplemental Appropriations
Act of 2008 that an applicant have wage credits of not less than 40 times the applicant's
weekly benefit amount.
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(b) Except as provided in paragraph (a), all requirements for federally funded
extended unemployment benefits and all requirements of Minnesota Statutes, chapter
268, must be met in order for the applicant to be eligible for special state emergency
unemployment insurance benefits.
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new text begin
(c) Special state emergency unemployment insurance benefits are payable in the
same amounts, the same duration, and for the same time period as provided for under the
federal Supplemental Appropriations Act of 2008, and any later amendments.
new text end
new text begin Subd. 3. new text end
new text begin Payment from trust fund. new text end
new text begin
Special state emergency unemployment
insurance benefits are payable from the Minnesota unemployment insurance trust fund.
Special state emergency unemployment insurance benefits will not be used in computing
the future unemployment insurance tax rate of a taxpaying employer nor will they be
charged to the reimbursing account of government or nonprofit employers.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
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This section expires on June 30, 2010, and no benefits shall be
paid under this section for a week beginning after that date.
new text end
new text begin EFFECTIVE DATE. new text end
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This section is effective the Sunday following final enactment
and applies only to weeks of unemployment after that date.
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