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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                         CHAPTER 242-H.F.No. 14 
           An act relating to unemployment compensation; limiting 
          benefit charges to fire departments and emergency 
          transportation services; regulating the receipt of 
          benefits; providing that wages for volunteer 
          firefighter or ambulance services not be deducted for 
          benefit calculation purposes; amending Minnesota 
          Statutes 1986, sections 268.06, subdivision 5; and 
          268.07, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 268.06, 
subdivision 5, is amended to read:  
    Subd. 5.  [BENEFITS CHARGED AS AND WHEN PAID.] Benefits 
paid to an individual pursuant to a valid claim shall be charged 
against the account of the individual's employer as and when 
paid, except that benefits paid to an individual who earned base 
period wages for part-time employment shall not be charged to an 
employer that is liable for payments in lieu of contributions or 
to the experience rating account of an employer if the 
employer:  (1) provided weekly base period part-time employment; 
(2) continues to provide weekly employment equal to at least 90 
percent of the part-time employment provided in the base period, 
or, for a fire department or firefighting corporation or 
operator of a life support transportation service, continues to 
provide employment for a volunteer firefighter or volunteer 
ambulance service personnel on the same basis that employment 
was provided in the base period; and (3) is an interested party 
because of the individual's loss of other employment.  The 
amount of benefits so chargeable against each base period 
employer's account shall bear the same ratio to the total 
benefits paid to an individual as the base period wage credits 
of the individual earned from such employer bear to the total 
amount of base period wage credits of the individual earned from 
all the individual's base period employers. 
    In making computations under this provision, the amount of 
wage credits if not a multiple of $1, shall be computed to the 
nearest multiple of $1. 
    Benefits shall not be charged to an employer that is liable 
for payments in lieu of contributions or to the experience 
rating account of an employer for unemployment (1) that is 
directly caused by a major natural disaster declared by the 
president pursuant to section 102(2) of the Disaster Relief Act 
of 1974 (United States Code, title 42, section 5122(2)), if the 
unemployed individual would have been eligible for disaster 
unemployment assistance with respect to that unemployment but 
for the individual's receipt of unemployment insurance benefits, 
or (2) that is directly caused by a fire, flood, or act of God 
where 70 percent or more of the employees employed in the 
affected location become unemployed as a result and the employer 
substantially reopens its operations in that same area within 
360 days of the fire, flood, or act of God.  Benefits shall be 
charged to the employer's account where the unemployment is 
caused by the willful act of the employer or a person acting on 
behalf of the employer. 
    Sec. 2.  Minnesota Statutes 1986, section 268.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [WEEKLY BENEFIT AMOUNT AND DURATION.] If the 
commissioner finds that an individual has earned 15, or more, 
credit weeks within the base period of employment in insured 
work with one or more employers, benefits shall be payable to 
such individual during the individual's benefit year as follows: 
    (1) Weekly benefit amount shall be equal to 60 percent of 
the first $85, 40 percent of the next $85 and 50 percent of the 
remainder of the average weekly wage of such individual.  The 
amount so computed if not a whole dollar shall be rounded down 
to the next lower dollar amount.  The maximum weekly benefit 
amount of claims for benefits which establish a benefit year 
subsequent to July 1, 1979 shall be 66-2/3 percent of the 
average weekly wage, except as provided in clause (d).  
    On or before June 30 of each year the commissioner shall 
determine the average weekly wage paid by employers subject to 
sections 268.03 to 268.24 in the following manner:  
    (a) The sum of the total monthly employment reported for 
the previous calendar year shall be divided by 12 to determine 
the average monthly employment.  
     (b) The sum of the total wages reported for the previous 
calendar year shall be divided by the average monthly employment 
to determine the average annual wage.  
     (c) The average annual wage shall be divided by 52 to 
determine the average weekly wage.  
      The maximum weekly benefit amount as so determined computed 
to the nearest whole dollar shall apply to claims for benefits 
which establish a benefit year which begins subsequent to June 
30 of each year.  
       (d) The maximum weekly benefit amount for claims for 
benefits which establish a benefit year subsequent to June 30, 
1982, and prior to July 1, 1983, shall be $184. 
       The maximum weekly benefit amount for claims for benefits 
which establish a benefit year subsequent to June 30, 1983, and 
prior to July 1, 1984, shall be $191. 
      The maximum weekly benefit amount for claims for benefits 
which establish a benefit year subsequent to June 30, 1984, and 
prior to July 1, 1985, shall be $198.  
      (2) An individual's maximum amount of regular benefits 
payable in a benefit year shall not exceed the lesser of (a) 26 
times the individual's weekly benefit amount or (b) 70 percent 
of the number of credit weeks earned by such an individual 
computed to the nearest whole week times the individual's weekly 
benefit amount. 
    (3) Each eligible individual who is unemployed in any week 
shall be paid with respect to such week a benefit in an amount 
equal to the individual's weekly benefit amount less that part 
of the individual's earnings, including holiday pay, payable to 
the individual with respect to such week which is in excess of 
$25 or $200 for earnings from service in the national guard or a 
United States military reserve unit; provided that no deduction 
may be made from the weekly benefit amount for earnings from 
service as a volunteer firefighter or volunteer ambulance 
service personnel.  Jury duty pay is not considered as earnings 
and shall not be deducted from benefits paid.  Such benefit, if 
not a whole dollar amount shall be rounded down to the next 
lower dollar amount. 
    (4) The provisions of clauses (1) and (2) shall apply to 
claims for benefits which establish a benefit year subsequent to 
June 30, 1983. 
    Approved May 26, 1987