Bill Amendment: AZ HB2173 | 2013 | Fifty-first Legislature 1st Regular
Bill Title: Unemployment insurance; omnibus
Status: 2013-06-19 - Governor Signed [HB2173 Detail]
Download: Arizona-2013-HB2173-SENATE_ADOPTED_AMENDMENT_Melvin_flr_amend_ref_Bill_adopted.html
Bill Number: H.B.
2173
Melvin Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
The Melvin Floor Amendment:
Requires an employer�s shared work plan to include:
� If feasible, a description of the employer�s plan for notifying an employee whose work week is to be reduced.
� An estimate of the number of layoffs that would have occurred without an approved shared work plan.
� A certification, if the employer provides health and retirement benefits under a defined benefit plan to any employee whose work week is reduced, that these benefits will continue to be provided to an employee participating in the shared work plan under the same terms and conditions as though the workweek had not been reduced.
Requires the plan and the implementation to be consistent with the employer�s obligations under all federal and state laws.
Requires individuals who are eligible for shared work benefits to be able to work.
Allows eligible individuals to participate in training to enhance job skills, including employer sponsored training or worker training funded under the Workforce Investment Act of 1998, if the training is approved by DES.
Fifty-first Legislature Melvin
First Regular Session H.B. 2173
MELVIN FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2173
(Reference to House engrossed bill)
Page 3, between lines 2 and 3, insert:
"Sec. 2. Section 23-762, Arizona Revised Statutes, is amended to read:
23-762. Requirements of shared work plan; approval
A. An employer wishing to participate in the shared work unemployment compensation program shall submit a signed, written shared work plan to the department for approval. The department shall approve a shared work plan only if the plan:
1. Specifies the employees in the affected group.
2. Applies to only one affected group.
3. If feasible, includes a description of the employer's plan for notifying an employee whose work week is to be reduced.
3. 4. Includes a certified statement by the employer that, for the six‑month period immediately preceding the date the plan is submitted, compensation was payable from the shared work employer, or its predecessor predecessors whether or not they were shared work employers, to each employee in the affected group in an amount equal to or greater than the wages for insured work in one calendar quarter as provided in section 23‑771, subsection A, paragraph 6. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the department receives written notice from the shared work employer that the employee has joined and certification from the employer that the employee meets the provisions of section 23‑771, subsection A, paragraph 6.
4. 5. Includes a certified statement by the employer that for the duration of the plan the reduction in the total normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work. The employer shall include an estimate of the number of layoffs that would have occurred without an approved shared work plan.
5. 6. Specifies the manner in which the employer will treat fringe benefits of the employees in the affected group if the employees' hours are reduced to less than their normal weekly hours of work. The employer must certify, if the employer provides health benefits and retirement benefits under a defined benefit plan to any employee whose work week is reduced under the plan, that these benefits will continue to be provided to an employee participating in the shared work plan under the same terms and conditions as though the work week of the employee had not been reduced or to the same extent as other employees not participating in the shared work program.
6. 7. Specifies an expiration date which that is no more than one year from the date the employer submits the plan for approval, except that on written request by the employer, the department may approve an extension of the plan for a period of not more than one year from the date of the request.
7. 8. Is approved in writing by the collective bargaining agent for each collective bargaining agreement which that covers any employee in the affected group.
B. The plan prescribed in subsection A of this section and the implementation of the plan must be consistent with the employer's obligations under all other federal and state laws.
B. C. The department shall approve or disapprove the proposal plan within fifteen days of after receipt of the proposal plan by the department. The department shall notify the employer of the reasons for denial of a shared work plan within ten days of such the determination.
Sec. 3. Section 23-763, Arizona Revised Statutes, is amended to read:
23-763. Shared work benefits; eligibility; requirements
A. An individual is eligible to receive shared work benefits with respect to any week only if, in addition to meeting the requirements of article 6 of this chapter as modified by subsections D and subsection E of this section, the department finds that during the week:
1. During the week The individual is employed as a member of an affected group in an approved plan which that was approved prior to before the week and is in effect for the week.
2. During the week The individual's normal weekly hours of work were reduced at least ten per cent but not more than forty per cent.
3. The individual met the requirements of section 23‑771, subsection A, paragraphs 3 and 4.
B. Eligible individuals may participate in training to enhance job skills, including employer sponsored training or worker training funded under the workforce investment act of 1998, if the training is approved by the department.
B. C. The department shall not pay an individual shared work benefits for more than twenty‑six weeks in a benefit year, except that this limitation does not apply to a week if for the period consisting of the week and the immediately preceding twelve weeks the rate, not seasonally adjusted, of insured unemployment in this state is equal to or greater than four per cent.
C. D. The total amount of regular benefits and shared work benefits which that the department pays to an individual for weeks in his the individual's benefit year shall not exceed the total for the benefit year as provided in section 23‑780.
D. The department shall not deny an otherwise eligible individual benefits under this article because of the application of any provision of this chapter relating to availability for work, active search for work or refusal to apply for or accept work from other than the individual's shared work employer.
E. Notwithstanding section 23‑621 or any other provision of this chapter, for purposes of this article an individual is unemployed in any week for which compensation is payable to him the individual, as an employee in an affected group, for less than his the individual's normal weekly hours of work in accordance with an approved plan in effect for the week.
Sec. 4. Section 23-771, Arizona Revised Statutes, is amended to read:
23-771. Eligibility for benefits
A. An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that the individual:
1. Has registered for work at and thereafter has continued to report at an employment office in accordance with such regulations as the department prescribes.
2. Has made a claim for benefits in accordance with section 23‑772.
3. Is able to work.
4. Except for an individual who is applying for shared work benefits pursuant to article 5.1 of this chapter, is available for work and both of the following apply:
(a) The individual has engaged in a systematic and sustained effort to obtain work during at least four days of the week.
(b) The individual has made at least three work search contacts during the week.
5. Has been unemployed for a waiting period of one week. A week shall not be counted as a week of unemployment for the purpose of this paragraph:
(a) Unless it occurs within the benefit year that includes the week with respect to which the individual claims payment of benefits.
(b) Unless the individual was eligible for benefits with respect thereto as provided in this section and sections 23‑775, 23‑776 and 23‑777.
(c) If benefits have been paid in respect thereto.
6. Has met one of the following requirements:
(a) Has been paid wages for insured work during the individual's base period equal to at least one and one‑half times the wages paid to the individual in the calendar quarter of the individual's base period in which such wages were highest, and the individual has been paid wages for insured work in one calendar quarter of the individual's base period equal to an amount that is equal to at least three hundred ninety times the minimum wage prescribed by section 23‑363 that is in effect when the individual files a claim for benefits.
(b) Has for a benefit year beginning on or after September 2, 1984, been paid wages for insured work during at least two quarters of the individual's base period and the amount of such wages paid in one quarter would be sufficient to qualify the individual for the maximum weekly benefit amount payable under this chapter and the total of the individual's base‑period wages is equal to or greater than the taxable limit as specified in section 23‑622, subsection B, paragraph 1.
7. Following the beginning date of a benefit year established under this chapter or the unemployment compensation law of any other state and prior to the effective date of a subsequent benefit year under this chapter, has performed services whether or not in employment as defined in section 23‑615 for which wages were payable in an amount equal to or in excess of eight times the weekly benefit amount for which the individual is otherwise qualified under section 23‑779. In making a determination under this paragraph the department shall use information available in its records or require the individual to furnish necessary information within thirty days from the date notice is given that such information is required.
B. If an unemployed individual cannot establish a benefit year as defined in section 23‑609 due to receipt during the base period of compensation for a temporary total disability pursuant to chapter 6 of this title, or any similar federal law, the individual's base period shall be the first four of the last five completed calendar quarters immediately preceding the first day of the calendar week in which the disability began. Wages previously used to establish a benefit year may not be reused. This subsection does not apply unless all of the following occur:
1. The individual has filed a claim for benefits not later than the fourth calendar week of unemployment after the end of the period of disability.
2. The claim is filed within two years after the period of disability begins.
3. The individual meets the requirements of subsection A of this section.
4. The individual has attempted to return to the employment where the temporary total disability occurred.
C. If an unemployed individual is a member of the national guard or other reserve component of the United States armed forces, the individual shall not be considered to be either employed or unavailable for work by reason of the individual's participation in drill, training or other national guard or reserve activity that occurs on not more than one weekend per month or in lieu of a weekend drill or the equivalent.
D. The department shall not disqualify an individual from receiving benefits under this chapter on the basis of the individual's separation from employment if the individual is a victim of domestic violence and leaves employment due to a documented case involving domestic violence pursuant to section 13‑3601 or 13‑3601.02. Benefits paid to an individual pursuant to this subsection shall not be charged against an employer's account pursuant to section 23‑727, subsection G.
E. For the purposes of subsection A, paragraph 6 of this section, wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if that benefit year begins subsequent to the date on which the employing unit by which those wages were paid has become an employer subject to this chapter."
Renumber to conform
Amend title to conform
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2173am3.doc
04/16/2013
11:20 AM
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