Bill Text: IA SSB3039 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to employment security benefits.(See SF 2131.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-01-26 - Committee report approving bill, renumbered as SF 2131. [SSB3039 Detail]
Download: Iowa-2021-SSB3039-Introduced.html
Senate
Study
Bill
3039
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT
BILL)
A
BILL
FOR
An
Act
relating
to
employment
security
benefits.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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S.F.
_____
H.F.
_____
Section
1.
Section
96.3,
subsection
7,
paragraph
b,
1
subparagraph
(1),
subparagraph
division
(a),
Code
2022,
is
2
amended
to
read
as
follows:
3
(a)
If
the
department
determines
that
an
overpayment
4
has
been
made,
the
charge
for
the
overpayment
against
the
5
employer’s
account
shall
be
removed
and
the
account
shall
6
be
credited
with
an
amount
equal
to
the
overpayment
from
7
the
unemployment
compensation
trust
fund
and
this
credit
8
shall
include
both
contributory
and
reimbursable
employers,
9
notwithstanding
section
96.8,
subsection
5
.
The
employer
shall
10
not
be
relieved
of
charges
if
benefits
are
paid
because
the
11
employer
or
an
agent
of
the
employer
failed
to
respond
timely
12
or
adequately
to
the
department’s
request
for
information
13
relating
to
the
payment
of
benefits.
This
prohibition
14
against
relief
of
charges
shall
apply
to
both
contributory
and
15
reimbursable
employers.
If
the
department
determines
that
an
16
employer’s
failure
to
respond
timely
or
adequately
was
through
17
no
fault
of
the
employer,
the
employer’s
account
shall
not
be
18
charged
for
the
overpayment.
19
Sec.
2.
Section
96.40,
subsection
2,
Code
2022,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
l.
The
reduction
in
work
hours
for
employees
22
was
not
based
on
a
work
week
exceeding
forty
hours.
23
Sec.
3.
Section
96.40,
Code
2022,
is
amended
by
adding
the
24
following
new
subsections:
25
NEW
SUBSECTION
.
4A.
Approval
of
a
shared
work
plan
shall
26
be
revoked
if
the
employer
lays
off
any
employee,
whether
the
27
employee
is
employed
within
an
affected
unit
or
not,
while
28
participating
in
the
shared
work
unemployment
compensation
29
program.
30
NEW
SUBSECTION
.
12.
A
part-time
employee
shall
be
eligible
31
for
shared
work
unemployment
compensation
program
benefits,
32
provided
that
the
employee
meets
all
other
requirements
in
this
33
section.
34
EXPLANATION
35
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
employment
security
benefits.
3
The
bill
allows
an
employer
to
obtain
relief
for
an
4
overpayment
of
unemployment
benefits
even
though
the
employer
5
or
an
agent
of
the
employer
failed
to
respond
timely
or
6
adequately
to
a
request
by
the
department
of
workforce
7
development
for
information
relating
to
the
payment
of
benefits
8
provided
that
the
department
determines
that
the
failure
was
9
through
no
fault
of
the
employer.
Under
current
law,
a
failure
10
to
respond
timely
or
adequately
is
a
bar
to
an
employer’s
11
relief
for
an
overpayment
regardless
of
whether
the
failure
was
12
the
employer’s
fault.
13
The
shared
work
unemployment
compensation
program,
or
14
voluntary
shared
work
program
(VSW),
is
a
program
intended
15
for
use
as
an
alternative
to
employee
layoffs
for
businesses
16
experiencing
a
decline
in
regular
business
activities.
Under
17
the
VSW
program,
an
employer
creates
a
shared
work
plan
to
18
reduce
the
work
hours
of
employees
and
unemployment
insurance
19
replaces
lost
earnings
due
to
the
reduced
hours.
The
bill
20
prevents
a
shared
work
plan
from
claiming
a
reduction
of
an
21
employee’s
work
hours
based
on
a
work
week
exceeding
40
hours.
22
The
bill
automatically
revokes
approval
of
a
shared
work
23
plan
if
the
employer
who
entered
into
the
plan
lays
off
an
24
employee,
whether
the
employee
is
covered
by
the
shared
work
25
plan
or
not,
while
participating
in
the
VSW
program.
26
The
bill
makes
part-time
employees
eligible
for
VSW
27
program
benefits,
provided
that
the
employees
meet
all
other
28
requirements
for
the
VSW
program.
29
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