language to be deleted (2) new language
CHAPTER 343-S.F.No. 3554 An act relating to reemployment compensation; modifying nonprofit organization provisions; instructing the revisor to change certain terms; amending Minnesota Statutes 1999 Supplement, sections 268.03, subdivision 1; and 268.053, subdivision 1, and by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1999 Supplement, section 268.03, subdivision 1, is amended to read: Subdivision 1. [STATEMENT.] The public policy underlying sections 268.03 to 268.23 is as follows: Economic insecurity due to involuntary unemployment is a serious threat to the well-being of the people of Minnesota. Involuntary unemployment is a subject of general interest and concern that requires appropriate action by the legislature to prevent its spread and to lighten its burdens. The public good and the well-being of the citizens of Minnesota will be promoted by providing, under the taxing powers of the state for the compulsory setting aside of reserves to be used for the
benefit ofpayment of unemployment benefits to individuals unemployed through no fault of their own. In recognition of its focus on providingUnemployment benefits are a temporary partial wage replacement to assist the unemployed worker to become reemployed ,. This program will be known as "reemployment compensationthe "Minnesota unemployment insurance program." Sec. 2. Minnesota Statutes 1999 Supplement, section 268.053, subdivision 1, is amended to read: Subdivision 1. [ELECTION.] (a) Any nonprofit organization that has employees in covered employment shall pay taxes on a quarterly basis pursuant to section 268.051 unless it elects to make payments in lieu of taxes to the fund the amount of benefits charged to its employer account under section 268.047. The organization may elect to make payments in lieu of taxes for a period of not less than threetwo calendar years beginning with the date that the organization was determined to be an employer with covered employment by filing a notice of election not later than 30 calendar days after the date of the determination. (b) Any nonprofit organization that makes an election will continue to be liable for payments in lieu of taxes until it files a notice terminating its election not later than 30 calendar days before the beginning of the calendar year the termination is to be effective. (c) A nonprofit organization that has been making payments in lieu of taxes that files a notice of termination of election shall be assigned the new employer tax rate under section 268.051, subdivision 5, for the calendar year of the termination of election and until it qualifies for an experience rating under section 268.051, subdivision 3. (d) Any nonprofit organization that has been paying taxes may elect to make payments in lieu of taxes by filing no less than 30 calendar days before January 1 of any calendar year a notice of election. Upon election, the commissioner shall establish a reimbursable account for the nonprofit organization. An election shall be allowed only if the nonprofit organization has a zero, during the experience rating and has noperiod under section 268.051, subdivision 3, paid taxes or made voluntary payments under section 268.051, subdivision 7, equal to or more than 125 percent of the benefit charges during the experience rating period. In addition, any benefit charges to its tax account that have not yet been used in computing ancome after the experience rating under section 268.051, subdivision 3period shall be transferred to the new reimbursable account of the nonprofit organization. If the amount of taxes and voluntary payments paid during the experience rating period exceeds 125 percent of the amount of benefit charges during the experience rating period, that amount in excess shall be applied against any benefit charges that come after the experience rating period. The election shall not be terminable by the organization for that and the next calendar year. (e) The commissioner may for good cause extend the period that a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive. (f) The commissioner may allow a notice of election or notice terminating election to be filed by mail or electronic transmission. Sec. 3. Minnesota Statutes 1999 Supplement, section 268.053, is amended by adding a subdivision to read: Subd. 5. [COMPROMISE.] The compromise authority set out in section 268.067 applies to this section. Sec. 4. [INSTRUCTIONS TO REVISOR.] The revisor of statutes shall change the phrase listed in column A, or a similar phrase, to the phrase listed in column B, or a similar phrase, wherever it appears in Minnesota Statutes and Minnesota Rules. Column A Column B reemployment compensation unemployment insurance benefit laws program reemployment compensation unemployment insurance law program reemployment compensation unemployment insurance program program reemployment compensation unemployment benefits The revisor of statutes shall change the phrase listed in column A, or a similar phrase, to the phrase listed in column B, or a similar phrase, wherever it appears in Minnesota Statutes, sections 268.03 to 268.23, and wherever it appears in Minnesota Rules. Column A Column B reemployment compensation unemployment law judge judge reemployment compensation unemployment insurance trust fund program trust fund reemployment compensation unemployment benefits benefits minimum tax rate base tax rate federal economic security federal unemployment law insurance program The revisor of statutes shall change the term "benefit" to "unemployment benefit" wherever it appears in Minnesota Statutes, sections 268.03 to 268.23, except when "benefit" refers to "shared work benefit," "social security benefit," "disability benefit," "benefit year," "benefit account," or "fringe benefit." Sec. 5. [EFFECTIVE DATE.] Sections 1 to 4 are effective the day following final enactment. Presented to the governor April 3, 2000 Signed by the governor April 6, 2000, 3:58 p.m.