Bill Text: MI HB5742 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Employment security; benefits; maximum number of benefit weeks and benefit amount; increase. Amends sec. 27 of 1936 (Ex Sess) PA 1 (MCL 421.27).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-10 - Bill Electronically Reproduced 03/22/2018 [HB5742 Detail]
Download: Michigan-2017-HB5742-Introduced.html
HOUSE BILL No. 5742
March 22, 2018, Introduced by Reps. Sabo, Hertel, LaGrand, Bellino, Elder, Cambensy, Guerra, Green, Yanez, Wittenberg, Gay-Dagnogo, Dianda, Cochran, Peterson, Chirkun, Rabhi, Lasinski, Pagan, Garrett, Sowerby, Singh, Faris, Moss, Camilleri, Greig, Geiss, Hammoud, Hoadley, Durhal, Jones and Love and referred to the Committee on Commerce and Trade.
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
by amending section 27 (MCL 421.27), as amended by 2016 PA 522.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 27. (a)(1) When a determination, redetermination, or
decision is made that benefits are due an unemployed individual,
the benefits become payable from the fund and continue to be
payable to the unemployed individual, subject to the limitations
imposed by the individual's monetary entitlement, if the individual
continues to be unemployed and to file claims for benefits, until
the
determination, redetermination, or decision is reversed , or a
determination, redetermination, or decision on a new issue holding
the
individual disqualified or ineligible is made. , or, for
benefit
years beginning before October 1, 2000, a new separation
issue
arises resulting from subsequent work.
(2) Benefits are payable in person or by mail through
employment security offices in accordance with rules promulgated by
the unemployment agency.
(b)(1)
Subject to subsection (f), the weekly benefit rate for
an
individual, with respect to benefit years beginning before
October
1, 2000, is 67% of the individual's average after tax
weekly
wage, except that the individual's maximum weekly benefit
rate
must not exceed $300.00. However, with respect to for benefit
years
beginning on or after October 1, 2000, the an individual's
weekly benefit rate is 4.1% of the individual's wages paid in the
calendar quarter of the base period in which the individual was
paid
the highest total wages. , plus $6.00 for each dependent as
defined
in subdivision (4), up to a maximum of 5 dependents,
claimed
by the individual at the time the individual files a new
claim
for benefits, except that the An
individual's maximum weekly
benefit
rate must not exceed $300.00 $362.00
for claims filed
before
April 26, 2002 January 1,
2019 and $362.00 $542.00 for
claims
filed on and after April 26, 2002. The weekly benefit rate
for
an individual claiming benefits on and after April 26, 2002
must
be recalculated subject to the $362.00 maximum weekly benefit
rate.
January 1, 2019 and must be
adjusted to the next lower
multiple of $1.00. In addition, an individual shall receive $20.00
per week for each dependent, up to a maximum of 6 dependents,
claimed by the individual at the time the individual files a new
claim for benefits. The unemployment agency shall establish the
procedures necessary to verify the number of dependents claimed. If
a
person an individual fraudulently claims a dependent, that person
he or she is subject to the penalties set forth in sections 54 and
54c.
For benefit years beginning on or after October 2, 1983, the
weekly
benefit rate must be adjusted to the next lower multiple of
$1.00.For benefit years beginning on or after January
1, 2020, the
unemployment agency shall adjust the maximum weekly benefit rate to
an amount equal to 58% of the state average weekly wage.
(2)
For benefit years beginning before October 1, 2000, on or
after January 1, 2019, the state average weekly wage for a calendar
year is computed on the basis of the 12 months ending the June 30
immediately
before preceding that calendar year.
(3) For benefit years beginning before October 1, 2000, a
dependent
means any of the following persons individuals who are
receiving and for at least 90 consecutive days immediately before
the week for which benefits are claimed, or, in the case of a
dependent husband, wife, or child, for the duration of the marital
or parental relationship, if the relationship has existed less than
90 days, has received more than 1/2 the cost of his or her support
from the individual claiming benefits:
(a) A child, including stepchild, adopted child, or grandchild
of the individual who is under 18 years of age, or 18 years of age
or over if, because of physical or mental infirmity, the child is
unable to engage in a gainful occupation, or is a full-time student
as defined by the particular educational institution, at a high
school, vocational school, community or junior college, or college
or university and has not attained the age of 22.
(b) The husband or wife of the individual.
(c) The legal father or mother of the individual if that
parent is either more than 65 years of age or is permanently
disabled from engaging in a gainful occupation.
(d) A brother or sister of the individual if the brother or
sister is orphaned or the living parents are dependent parents of
an individual, and the brother or sister is under 18 years of age,
or 18 years of age or over if, because of physical or mental
infirmity, the brother or sister is unable to engage in a gainful
occupation, or is a full-time student as defined by the particular
educational institution, at a high school, vocational school,
community or junior college, or college or university and is less
than 22 years of age.
(4) For benefit years beginning on or after October 1, 2000, a
dependent
means any of the following persons individuals who
received for at least 90 consecutive days immediately before the
first week of the benefit year or, in the case of a dependent
husband, wife, or child, for the duration of the marital or
parental relationship if the relationship existed less than 90 days
before the beginning of the benefit year, has received more than
1/2 the cost of his or her support from the individual claiming the
benefits:
(a) A child, including stepchild, adopted child, or grandchild
of the individual who is under 18 years of age, or 18 years of age
and over if, because of physical or mental infirmity, the child is
unable to engage in a gainful occupation, or is a full-time student
as defined by the particular educational institution, at a high
school, vocational school, community or junior college, or college
or university and has not attained the age of 22.
(b) The husband or wife of the individual.
(c) The legal father or mother of the individual if that
parent is either more than 65 years of age or is permanently
disabled from engaging in a gainful occupation.
(d) A brother or sister of the individual if the brother or
sister is orphaned or the living parents are dependent parents of
an individual, and the brother or sister is under 18 years of age,
or 18 years of age and over if, because of physical or mental
infirmity, the brother or sister is unable to engage in a gainful
occupation, or is a full-time student as defined by the particular
educational institution, at a high school, vocational school,
community or junior college, or college or university and is less
than 22 years of age.
(5) The number of dependents established for an individual at
the
beginning of the benefit year shall remain remains in
effect
during the entire benefit year.
(6) Dependency status of a dependent, child or otherwise, once
established
or fixed in favor of a person an
individual is not
transferable
to or usable by another person individual
with respect
to the same week.
Failure
on the part of an individual, due to because of
misinformation or lack of information, to furnish all information
material for determination of the number of the individual's
dependents is good cause to issue a redetermination as to the
amount of benefits based on the number of the individual's
dependents as of the beginning of the benefit year.
(c) Subject to subsection (f), all of the following apply to
eligible individuals:
(1) Each eligible individual must be paid a weekly benefit
rate
with respect to the for a week for which that the individual
earns or receives no remuneration. Notwithstanding the definition
of week in section 50, if within 2 consecutive weeks in which an
individual was not unemployed within the meaning of section 48
there was a period of 7 or more consecutive days for which the
individual did not earn or receive remuneration, that period is
considered a week for benefit purposes under this act if a claim
for benefits for that period is filed not later than 30 days after
the end of the period.
(2)
The weekly benefit rate is reduced with respect to each
week
in which the eligible individual earns or receives
remuneration
at the rate of 40 cents for each whole $1.00 of
remuneration
earned or received during that week. Beginning October
1,
2015, an An eligible individual's weekly benefit rate is reduced
at the rate of 50 cents for each whole $1.00 of remuneration in
which the eligible individual earns or receives remuneration in
that benefit week. The weekly benefit rate is not reduced under
this subdivision for remuneration received for on-call or training
services as a volunteer firefighter, if the volunteer firefighter
receives less than $10,000.00 in a calendar year for services as a
volunteer firefighter.
(3)
An individual who receives or earns partial remuneration
may
not receive a total of benefits and earnings that exceeds 1-3/5
times
his or her weekly benefit amount. For each dollar of total
benefits
and earnings that exceeds 1-3/5 times the individual's
weekly
benefit amount, benefits are reduced by $1.00. Beginning
October
1, 2015, the The total benefits and earnings for an
individual who receives or earns partial remuneration may not
exceed 1-1/2 times his or her weekly benefit amount. The
individual's benefits are reduced by $1.00 for each dollar by which
the total benefits and earnings exceed 1-1/2 times the individual's
weekly benefit amount.
(4) If the reduction in a claimant's benefit rate for a week
in accordance with subdivision (2) or (3) results in a benefit rate
greater than zero for that week, the claimant's balance of weeks of
benefit payments is reduced by 1 week.
(5) All remuneration for work performed during a shift that
terminates
on 1 one day but that began on the preceding day is
considered to have been earned by the eligible individual on the
preceding day.
(6) The unemployment agency shall report annually to the
legislature the following information with regard to subdivisions
(2) and (3):
(a) The number of individuals whose weekly benefit rate was
reduced
at the rate of 40 or 50 cents for each whole $1.00 of
remuneration earned or received over the immediately preceding
calendar year.
(b) The number of individuals who received or earned partial
remuneration
at or exceeding the applicable limit of 1-1/2 or 1-3/5
times their weekly benefit amount prescribed in subdivision (3) for
any 1 or more weeks during the immediately preceding calendar year.
(7) The unemployment agency shall not use prorated quarterly
wages to establish a reduction in benefits under this subsection.
(d) Subject to subsection (f) and this subsection, the maximum
benefit amount payable to an individual in a benefit year for
purposes of this section and section 20(d) is the number of weeks
of benefits payable to an individual during the benefit year,
multiplied by the individual's weekly benefit rate. The number of
weeks
of benefits payable to an individual shall be is calculated
by taking 43% of the individual's base period wages and dividing
the result by the individual's weekly benefit rate. If the quotient
is not a whole or half number, the result is rounded down to the
nearest
half number. However, for each eligible individual filing
an
initial claim before January 15, 2012, not more than 26 weeks of
benefits
or less than 14 weeks of benefits are payable to an
individual
in a benefit year. For each
eligible individual filing
an
initial claim on or after January 15, 2012, __________, not more
than
20 26 weeks of benefits or less than 14 weeks of benefits
are
payable to an individual in a benefit year. The limitation of total
benefits set forth in this subsection does not apply to claimants
declared
eligible for training benefits in accordance with pursuant
to subsection (g).
(e) When a claimant dies or is judicially declared insane or
mentally incompetent, unemployment compensation benefits accrued
and
payable to that person the
claimant for weeks of unemployment
before death, insanity, or incompetency, but not paid, become due
and payable to the person who is the legal heir or guardian of the
claimant
or to any other person found by the commission
unemployment agency to be equitably entitled to the benefits by
reason of having incurred expense in behalf of the claimant for the
claimant's burial or other necessary expenses.
(f)(1) For benefit years beginning before October 1, 2000, and
notwithstanding any inconsistent provisions of this act, the weekly
benefit rate of each individual who is receiving or will receive a
"retirement benefit", as defined in subdivision (4), is adjusted as
provided in subparagraphs (a), (b), and (c). However, an
individual's extended benefit account and an individual's weekly
extended benefit rate under section 64 is established without
reduction under this subsection unless subdivision (5) is in
effect. Except as otherwise provided in this subsection, all other
provisions of this act continue to apply in connection with the
benefit
claims of those retired persons.individuals.
(a) If and to the extent that unemployment benefits payable
under this act would be chargeable to an employer who has
contributed to the financing of a retirement plan under which the
claimant is receiving or will receive a retirement benefit yielding
a pro rata weekly amount equal to or larger than the claimant's
weekly benefit rate as otherwise established under this act, the
claimant must not receive unemployment benefits that would be
chargeable to the employer under this act.
(b) If and to the extent that unemployment benefits payable
under this act would be chargeable to an employer who has
contributed to the financing of a retirement plan under which the
claimant is receiving or will receive a retirement benefit yielding
a pro rata weekly amount less than the claimant's weekly benefit
rate as otherwise established under this act, then the weekly
benefit rate otherwise payable to the claimant and chargeable to
the employer under this act is reduced by an amount equal to the
pro rata weekly amount, adjusted to the next lower multiple of
$1.00, which the claimant is receiving or will receive as a
retirement benefit.
(c) If the unemployment benefit payable under this act would
be chargeable to an employer who has not contributed to the
financing of a retirement plan under which the claimant is
receiving or will receive a retirement benefit, then the weekly
benefit rate of the claimant as otherwise established under this
act
is not reduced due to receipt of because the claimant is
receiving or will receive a retirement benefit.
(d) If the unemployment benefit payable under this act is
computed on the basis of multiemployer credit weeks and a portion
of the benefit is allocable under section 20(e) to an employer who
has contributed to the financing of a retirement plan under which
the claimant is receiving or will receive a retirement benefit, the
adjustments required by subparagraph (a) or (b) apply only to that
portion of the weekly benefit rate that would otherwise be
allocable and chargeable to the employer.
(2) If an individual's weekly benefit rate under this act was
established before the period for which the individual first
receives a retirement benefit, any benefits received after a
retirement benefit becomes payable must be determined in accordance
with the formula stated in this subsection.
(3) When necessary to assure prompt payment of benefits, the
commission
unemployment agency shall determine the pro rata weekly
amount yielded by an individual's retirement benefit based on the
best information currently available to it. In the absence of
fraud, a determination must not be reconsidered unless it is
established that the individual's actual retirement benefit in fact
differs from the amount determined by $2.00 or more per week. The
reconsideration applies only to benefits that may be claimed after
the information on which the reconsideration is based was received
by
the commission.unemployment
agency.
(4)(a) As used in this subsection, "retirement benefit" means
a
benefit, annuity, or pension of any type or that a part
thereof
that
is as described in subparagraph (b) that is both:
(i) Provided as an incident of employment under an established
retirement plan, policy, or agreement, including federal social
security if subdivision (5) is in effect.
(ii) Payable to an individual because the individual has
qualified on the basis of attained age, length of service, or
disability, whether or not the individual retired or was retired
from employment. Amounts paid to individuals in the course of
liquidation of a private pension or retirement fund because of
termination of the business or of a plant or department of the
business of the employer involved are not retirement benefits.
(b) If a benefit as described in subparagraph (a) is payable
or
paid to the an individual under a plan to which the individual
has contributed, the benefit is treated as follows:
(i) Less If the individual has contributed less than 1/2 of
the cost of the benefit, then only 1/2 of the benefit is treated as
a retirement benefit.
(ii) One-half If the individual has contributed 1/2 or more of
the cost of the benefit, then none of the benefit is treated as a
retirement benefit.
(c) The burden of establishing the extent of an individual's
contribution to the cost of his or her retirement benefit for the
purpose of subparagraph (b) is upon the employer who has
contributed to the plan under which a benefit is provided.
(5) Notwithstanding any other provision of this subsection,
for
any week that begins after March 31, 1980 , and with respect to
for which an individual is receiving a governmental or other
pension and claiming unemployment compensation, the weekly benefit
amount payable to the individual for those weeks is reduced, but
not below zero, by the entire prorated weekly amount of any
governmental or other pension, retirement or retired pay, annuity,
or any other similar payment that is based on any previous work of
the individual. This reduction is made only if it is required as a
condition for full tax credit against the tax imposed by the
federal unemployment tax act, 26 USC 3301 to 3311.
(6) For benefit years beginning on or after October 1, 2000,
notwithstanding any inconsistent provisions of this act, the weekly
benefit rate of each individual who is receiving or will receive a
retirement benefit, as defined in subdivision (4), is adjusted as
provided in subparagraphs (a), (b), and (c). However, an
individual's extended benefit account and an individual's weekly
extended benefit rate under section 64 is established without
reduction under this subsection, unless subdivision (5) is in
effect. Except as otherwise provided in this subsection, all the
other provisions of this act apply to the benefit claims of those
retired
persons. individuals. However, if the reduction would
impair the full tax credit against the tax imposed by the federal
unemployment tax act, 26 USC 3301 to 3311, unemployment benefits
are not reduced as provided in subparagraphs (a), (b), and (c) for
receipt of any governmental or other pension, retirement or retired
pay, annuity, or other similar payment that was not includable in
the gross income of the individual for the taxable year in which it
was received because it was a part of a rollover distribution.
(a) If any base period employer or chargeable employer has
contributed to the financing of a retirement plan under which the
claimant is receiving or will receive a retirement benefit yielding
a pro rata weekly amount equal to or larger than the claimant's
weekly benefit rate as otherwise established under this act, the
claimant is not eligible to receive unemployment benefits.
(b) If any base period employer or chargeable employer has
contributed to the financing of a retirement plan under which the
claimant is receiving or will receive a retirement benefit yielding
a pro rata weekly amount less than the claimant's weekly benefit
rate as otherwise established under this act, then the weekly
benefit rate otherwise payable to the claimant is reduced by an
amount equal to the pro rata weekly amount, adjusted to the next
lower
multiple of $1.00, which that
the claimant is receiving or
will receive as a retirement benefit.
(c) If no base period employer or separating employer has
contributed to the financing of a retirement plan under which the
claimant is receiving or will receive a retirement benefit, then
the weekly benefit rate of the claimant as otherwise established
under
this act shall is not be reduced due to receipt of because
the claimant is receiving or will receive a retirement benefit.
(g) Notwithstanding any other provision of this act, an
individual pursuing vocational training or retraining pursuant to
section 28(2) who has exhausted all benefits available under
subsection (d) may be paid for each week of approved vocational
training pursued beyond the date of exhaustion of a benefit amount
in
accordance with pursuant to subsection (c), but not in excess of
the individual's most recent weekly benefit rate. However, an
individual must not be paid training benefits totaling more than 18
times the individual's most recent weekly benefit rate. The
expiration or termination of a benefit year does not stop or
interrupt payment of training benefits if the training for which
the benefits were granted began before expiration or termination of
the benefit year.
(h) A payment of accrued unemployment benefits is not payable
to
an eligible individual or in behalf of that the individual
as
provided in subsection (e) more than 6 years after the ending date
of the benefit year covering the payment or 2 calendar years after
the calendar year in which there is final disposition of a
contested case, whichever is later.
(i) Benefits based on service in employment described in
section 42(8), (9), and (10) are payable in the same amount, on the
same terms, and subject to the same conditions as compensation
payable on the basis of other service subject to this act, except
that the following apply:
(1)
With respect to For service performed in an instructional,
research, or principal administrative capacity for an institution
of higher education as defined in section 53(2), or for an
educational institution other than an institution of higher
education as defined in section 53(3), benefits are not payable to
an individual based on those services for any week of unemployment
beginning
after December 31, 1977 that
commences during the period
between 2 successive academic years or during a similar period
between 2 regular terms, whether or not successive, or during a
period of paid sabbatical leave provided for in the individual's
contract, to an individual if the individual performs the service
in the first of the academic years or terms and if there is a
contract or a reasonable assurance that the individual will perform
service in an instructional, research, or principal administrative
capacity for an institution of higher education or an educational
institution other than an institution of higher education in the
second of the academic years or terms, whether or not the terms are
successive.
(2)
With respect to For service performed in other than an
instructional, research, or principal administrative capacity for
an institution of higher education as defined in section 53(2) or
for an educational institution other than an institution of higher
education as defined in section 53(3), benefits are not payable
based
on those services for any week of unemployment beginning
after
December 31, 1977 that commences
during the period between 2
successive
academic years or terms to any individual if that the
individual performs the service in the first of the academic years
or terms and if there is a reasonable assurance that the individual
will perform the service for an institution of higher education or
an educational institution other than an institution of higher
education in the second of the academic years or terms.
(3)
With respect to For any service described in subdivision
(1)
or (2), benefits are not payable to an individual based upon on
service for any week of unemployment that commences during an
established and customary vacation period or holiday recess if the
individual performs the service in the period immediately before
the vacation period or holiday recess and there is a contract or
reasonable assurance that the individual will perform the service
in the period immediately following the vacation period or holiday
recess.
(4) If benefits are denied to an individual for any week
solely as a result of subdivision (2) and the individual was not
offered an opportunity to perform in the second academic year or
term the service for which reasonable assurance had been given, the
individual is entitled to a retroactive payment of benefits for
each week for which the individual had previously filed a timely
claim for benefits. An individual entitled to benefits under this
subdivision may apply for those benefits by mail in accordance with
R 421.210 of the Michigan Administrative Code as promulgated by the
commission.unemployment agency.
(5)
Benefits The unemployment
agency shall not deny benefits
that
are based upon on services
in other than an instructional,
research, or principal administrative capacity for an institution
of higher education are not denied for any week of unemployment
commencing during the period between 2 successive academic years or
terms solely because the individual had performed the service in
the first of the academic years or terms and there is reasonable
assurance that the individual will perform the service for an
institution of higher education or an educational institution other
than an institution of higher education in the second of the
academic years or terms, unless a denial is required as a condition
for full tax credit against the tax imposed by the federal
unemployment tax act, 26 USC 3301 to 3311.
(6) For benefit years established before October 1, 2000, and
notwithstanding subdivisions (1), (2), and (3), the denial of
benefits does not prevent an individual from completing
requalifying weeks in accordance with section 29(3) nor does the
denial prevent an individual from receiving benefits based on
service with an employer other than an educational institution for
any week of unemployment occurring between academic years or terms,
whether or not successive, or during an established and customary
vacation period or holiday recess, even though the employer is not
the most recent chargeable employer in the individual's base
period. However, in that case, section 20(b) applies to the
sequence of benefit charging, except for the employment with the
educational
institution. , and section 50(b) applies to the
calculation
of credit weeks. When a denial of
benefits under
subdivision (1) no longer applies, benefits are charged in
accordance with the normal sequence of charging as provided in
section 20(b).
(7) For benefit years beginning on or after October 1, 2000,
and notwithstanding subdivisions (1), (2), and (3), the denial of
benefits does not prevent an individual from completing
requalifying weeks in accordance with section 29(3) and does not
prevent an individual from receiving benefits based on service with
another base period employer other than an educational institution
for any week of unemployment occurring between academic years or
terms, whether or not successive, or during an established and
customary vacation period or holiday recess. However, if benefits
are paid based on service with 1 or more base period employers
other than an educational institution, the individual's weekly
benefit rate is calculated in accordance with subsection (b)(1) but
during the denial period the individual's weekly benefit payment is
reduced by the portion of the payment attributable to base period
wages paid by an educational institution and the account or
experience account of the educational institution is not charged
for benefits payable to the individual. When a denial of benefits
under subdivision (1) is no longer applicable, benefits are paid
and charged on the basis of base period wages with each of the base
period employers including the educational institution.
(8) For the purposes of this subsection, "academic year" means
that period, as defined by the educational institution, when
classes are in session for that length of time required for
students to receive sufficient instruction or earn sufficient
credit to complete academic requirements for a particular grade
level or to complete instruction in a noncredit course.
(9) In accordance with subdivisions (1), (2), and (3),
benefits for any week of unemployment are denied to an individual
who performed services described in subdivision (1), (2), or (3) in
an educational institution while in the employ of an educational
service agency. For the purpose of this subdivision, "educational
service agency" means a governmental agency or governmental entity
that is established and operated exclusively for the purpose of
providing the services to 1 or more educational institutions.
(j) Benefits are not payable to an individual on the basis of
any base period services, substantially all of which consist of
participating in sports or athletic events or training or preparing
to participate, for a week that commences during the period between
2 successive sport seasons or similar periods if the individual
performed the services in the first of the seasons or similar
periods and there is a reasonable assurance that the individual
will perform the services in the later of the seasons or similar
periods.
(k)(1) Benefits are not payable on the basis of services
performed by an alien unless the alien is an individual who was
lawfully admitted for permanent residence at the time the services
were performed, was lawfully present for the purpose of performing
the services, or was permanently residing in the United States
under color of law at the time the services were performed,
including an alien who was lawfully present in the United States
under section 212(d)(5) of the immigration and nationality act, 8
USC 1182.
(2) Any data or information required of individuals applying
for benefits to determine whether benefits are payable because of
their alien status are uniformly required from all applicants for
benefits.
(3) If an individual's application for benefits would
otherwise
be approved, a determination that benefits to that the
individual are not payable because of the individual's alien status
must
not be made except upon a preponderance of the evidence.
(m)(1) An individual filing a new claim for unemployment
compensation under this act, at the time of filing the claim, shall
disclose whether the individual owes child support obligations as
defined in this subsection. If an individual discloses that he or
she owes child support obligations and is determined to be eligible
for unemployment compensation, the unemployment agency shall notify
the state or local child support enforcement agency enforcing the
obligation that the individual has been determined to be eligible
for unemployment compensation.
(2) Notwithstanding section 30, the unemployment agency shall
deduct and withhold from any unemployment compensation payable to
an individual who owes child support obligations by using whichever
of the following methods results in the greatest amount:
(a) The amount, if any, specified by the individual to be
deducted and withheld under this subdivision.
(b) The amount, if any, determined pursuant to an agreement
submitted
to the commission unemployment
agency under 42 USC
654(19)(B)(i), by the state or local child support enforcement
agency.
(c) Any amount otherwise required to be deducted and withheld
from unemployment compensation by legal process, as that term is
defined in 42 USC 659(i)(5), properly served upon the
commission.unemployment agency.
(3) The amount of unemployment compensation subject to
deduction under subdivision (2) is that portion that remains
payable
to the individual after application of the recoupment
recovery provisions of section 62(a) and the reduction provisions
of subsections (c) and (f).
(4) The unemployment agency shall pay any amount deducted and
withheld under subdivision (2) to the appropriate state or local
child support enforcement agency.
(5) Any amount deducted and withheld under subdivision (2) is
treated for all purposes as if it were paid to the individual as
unemployment compensation and paid by the individual to the state
or local child support enforcement agency in satisfaction of the
individual's child support obligations.
(6) Provisions concerning deductions under this subsection
apply only if the state or local child support enforcement agency
agrees in writing to reimburse and does reimburse the unemployment
agency for the administrative costs incurred by the unemployment
agency under this subsection that are attributable to child support
obligations being enforced by the state or local child support
enforcement agency. The administrative costs incurred are
determined by the unemployment agency. The unemployment agency, in
its discretion, may require payment of administrative costs in
advance.
(7) As used in this subsection:
(a) "Unemployment compensation", for purposes of subdivisions
(1) to (5), means any compensation payable under this act,
including amounts payable by the unemployment agency pursuant to an
agreement under any federal law providing for compensation,
assistance, or allowances with respect to unemployment.
(b)
"Child support obligations" includes means only
obligations that are being enforced pursuant to a plan described in
42 USC 654 that has been approved by the Secretary of Health and
Human Services under 42 USC 651 to 669b.
(c) "State or local child support enforcement agency" means
any agency of this state or a political subdivision of this state
operating pursuant to a plan described in subparagraph (b).
(n) Subsection (i)(2) applies to services performed by school
bus drivers employed by a private contributing employer holding a
contractual relationship with an educational institution, but only
if at least 75% of the individual's base period wages with that
employer are attributable to services performed as a school bus
driver. Subsection (i)(1) and (2) but not subsection (i)(3) applies
to other services described in those subdivisions that are
performed by any employees under an employer's contract with an
educational institution or an educational service agency.
(o)(1)
For weeks of unemployment beginning after July 1, 1996,
unemployment
Unemployment benefits based on services by a seasonal
worker performed in seasonal employment are payable only for weeks
of unemployment that occur during the normal seasonal work period.
Benefits are not payable based on services performed in seasonal
employment
for any week of unemployment beginning after March 28,
1996
that begins during the period
between 2 successive normal
seasonal
work periods to any individual if that the individual
performs the service in the first of the normal seasonal work
periods
and if there is a reasonable assurance that the individual
will perform the service for a seasonal employer in the second of
the normal seasonal work periods. If benefits are denied to an
individual for any week solely as a result of this subsection and
the individual is not offered an opportunity to perform in the
second normal seasonal work period for which reasonable assurance
of employment had been given, the individual is entitled to a
retroactive payment of benefits under this subsection for each week
that the individual previously filed a timely claim for benefits.
An individual may apply for any retroactive benefits under this
subsection
in accordance with pursuant
to R 421.210 of the Michigan
Administrative Code.
(2) Not less than 20 days before the estimated beginning date
of a normal seasonal work period, an employer may apply to the
commission
unemployment agency in writing for designation as a
seasonal employer. At the time of application, the employer shall
conspicuously display a copy of the application on the employer's
premises. Within 90 days after receipt of the application, the
commission
unemployment agency shall determine if the employer is a
seasonal employer. A determination or redetermination of the
commission
unemployment agency concerning the status of an employer
as a seasonal employer, or a decision of an administrative law
judge, the Michigan compensation appellate commission, or the
courts of this state concerning the status of an employer as a
seasonal
employer, which that has become final, together with the
record, thereof,
may be introduced in any proceeding involving a
claim for benefits, and the facts found and decision issued in the
determination,
redetermination, or decision is are
conclusive
unless substantial evidence to the contrary is introduced by or on
behalf of the claimant.
(3)
If the employer is determined to be unemployment agency
determines that an employer is a seasonal employer, the employer
shall
conspicuously display on its premises a notice of that
includes
the determination, and
the beginning and ending dates of
the
employer's normal seasonal work periods,
. The commission shall
furnish
the notice. The notice must additionally specify and a
statement that an employee must timely apply for unemployment
benefits at the end of a first seasonal work period to preserve his
or her right to receive retroactive unemployment benefits if he or
she is not reemployed by the seasonal employer in the second of the
normal seasonal work periods. The unemployment agency shall provide
the notice to the employer.
(4)
The commission unemployment
agency may issue a
determination terminating an employer's status as a seasonal
employer
on the commission's unemployment
agency's own motion for
good cause, or upon the written request of the employer. A
termination determination under this subdivision terminates an
employer's status as a seasonal employer, and becomes effective on
the beginning date of the normal seasonal work period that would
have
immediately followed the date the commission unemployment
agency issues the determination. A determination under this
subdivision is subject to review in the same manner and to the same
extent as any other determination under this act.
(5) An employer whose status as a seasonal employer is
terminated under subdivision (4) may not reapply for a seasonal
employer status determination until after a regularly recurring
normal seasonal work period has begun and ended.
(6) If a seasonal employer informs an employee who received
assurance of being rehired that, despite the assurance, the
employee will not be rehired at the beginning of the employer's
next normal seasonal work period, this subsection does not prevent
the employee from receiving unemployment benefits in the same
manner and to the same extent he or she would receive benefits
under this act from an employer who has not been determined to be a
seasonal employer.
(7) A successor of a seasonal employer is considered to be a
seasonal
employer unless the successor provides the commission,
unemployment agency, within 120 days after the transfer, with a
written request for termination of its status as a seasonal
employer
in accordance with pursuant
to subdivision (4).
(8) At the time an employee is hired by a seasonal employer,
the employer shall notify the employee in writing if the employee
will be a seasonal worker. The employer shall provide the worker
with written notice of any subsequent change in the employee's
status as a seasonal worker. If an employee of a seasonal employer
is denied benefits because that employee is a seasonal worker, the
employee may contest that designation in accordance with section
32a.
(9) As used in this subsection:
(a) "Construction industry" means the work activity designated
in sector group 23 - construction of the North American
classification system - United States Office of Management and
Budget, 1997 edition.
(b) "Normal seasonal work period" means that period or those
periods of time determined under rules promulgated by the
unemployment agency during which an individual is employed in
seasonal employment.
(c) "Seasonal employment" means the employment of 1 or more
individuals primarily hired to perform services during regularly
recurring periods of 26 weeks or less in any 52-week period other
than services in the construction industry.
(d) "Seasonal employer" means an employer, other than an
employer in the construction industry, who applies to the
unemployment agency for designation as a seasonal employer and who
the unemployment agency determines is an employer whose operations
and business require employees engaged in seasonal employment. A
seasonal employer designation under this act need not correspond to
a category assigned under the North American classification system
— United States Office of Management and Budget.
(e) "Seasonal worker" means a worker who has been paid wages
by a seasonal employer for work performed only during the normal
seasonal work period.
(10) This subsection does not apply if the United States
Department of Labor finds it to be contrary to the federal
unemployment tax act, 26 USC 3301 to 3311, or the social security
act, chapter 531, 49 Stat 620, and if conformity with the federal
law is required as a condition for full tax credit against the tax
imposed under the federal unemployment tax act, 26 USC 3301 to
3311,
or as a condition for receipt by the commission unemployment
agency of federal administrative grant funds under the social
security act, chapter 531, 49 Stat 620.
(p)
Benefits are not payable to an individual based upon on
his or her services as a school crossing guard for any week of
unemployment that begins between 2 successive academic years or
terms,
if that the individual performs the services of a school
crossing guard in the first of the academic years or terms and has
a reasonable assurance that he or she will perform those services
in the second of the academic years or terms.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.