Bill Text: MI SB0173 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Employment security: claimants; provisions regarding seasonal workers; eliminate. Amends secs. 27 & 28b of 1936 (Ex Sess) PA 1 (MCL 421.27 & 421.28b).
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2021-02-24 - Referred To Committee On Economic And Small Business Development [SB0173 Detail]
Download: Michigan-2021-SB0173-Introduced.html
SENATE BILL NO. 173
February 24, 2021, Introduced by Senators
BRINKS, ANANICH, GEISS, IRWIN, WOJNO, SANTANA, CHANG, POLEHANKI, MCCANN,
BAYER, ALEXANDER, MOSS, HERTEL and HOLLIER and referred to the Committee on
Economic and Small Business Development.
A bill to amend 1936 (Ex Sess) PA 1,
entitled
"Michigan employment security act,"
by amending sections 27 and 28b (MCL 421.27 and 421.28b), section 27 as amended by 2020 PA 258 and section 28b as added by 2012 PA 216.
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, 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
benefit years beginning on or after October 1, 2000, the 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 individual's maximum weekly benefit rate
must not exceed $300.00 before April 26, 2002 and $362.00 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. The unemployment agency shall establish
the procedures necessary to verify the number of dependents claimed. If a
person fraudulently claims a dependent, that person 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.
(2) For
benefit years beginning before October 1, 2000, the state average weekly wage
for a calendar year is computed on the basis of the 12 months ending the June
30 immediately before that calendar year.
(3) For
benefit years beginning before October 1, 2000, a dependent means any of the
following persons 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 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 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 is not transferable to or usable by another person with
respect to the same week.
Failure
on the part of an individual, due to 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
week for which 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 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 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 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 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 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 subsection
(g). Notwithstanding any other provision of this act, and
subject to subsection (q), (p), with respect to benefit years and claims for
weeks beginning before April 1, 2021, for each
eligible individual who files a claim for benefits and establishes a benefit
year, not more than 26 weeks of benefits or less than 14 weeks of benefits may
be payable to an individual in a benefit year.
(e)
When a claimant dies or is judicially declared insane or mentally incompetent,
unemployment compensation benefits accrued and payable to that person 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 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.
(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 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 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.
(4)(a)
As used in this subsection, "retirement benefit" means a benefit, annuity,
or pension of any type or that part thereof that is 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 individual
under a plan to which the individual has contributed:
(i) 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 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 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. 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 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 the claimant is receiving or will receive as a retirement
benefit.
(c) If
no base period 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 not be reduced due to receipt of 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 a benefit
amount in accordance with 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 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:
(1)
With respect to 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 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 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 any service described in subdivision (1) or (2), benefits are
not payable to an individual based upon 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.
(5)
Benefits based upon 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 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
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.
(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 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 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 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 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 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 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 shall determine
if the employer is a seasonal employer. A determination or redetermination of
the commission 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 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 conclusive unless substantial evidence to the contrary is
introduced by or on behalf of the claimant.
(3)
If the employer is determined to be a seasonal employer, the employer shall
conspicuously display on its premises a notice of 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 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.
(4)
The commission may issue a determination terminating an employer's status as a
seasonal employer on the commission'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 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, within 120 days after the transfer, with
a written request for termination of its status as a seasonal employer in
accordance with 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 of federal administrative grant funds
under the social security act, chapter 531, 49 Stat 620.
(o) (p) Benefits are not payable to an
individual based upon 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 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.
(p) (q) The extension of benefits for claims for weeks beginning after January 1, 2021 but before April 1, 2021 as described in subsection (d) does not take effect unless $220,000,000.00 or more is appropriated as provided for in Senate Bill No. 748 of the 100th Legislature for deposit into the unemployment compensation fund to cover the extension of benefits. After March 1, 2021, from the funds appropriated in Senate Bill No. 748 of the 100th Legislature for Michigan unemployment compensation funds, $220,000,000.00 shall be deposited into the unemployment compensation fund for the sole purpose of funding the extension of benefits for claims for weeks beginning after January 1, 2021 but before April 1, 2021 as described in subsection (d). If federal funds are available and expenditures are allowable under federal law, expenditures of federal funds under this subsection shall occur before the expenditure of state general fund appropriations made for the same purpose described in this subsection. State general fund appropriations replaced by federal expenditures authorized under this subsection shall revert to the general fund.
Sec. 28b. As used
in this section and sections 28c to 28m:
(a) "Affected unit" means a department, shift, or
other organizational unit of 2 or more employees that is designated by an
employer to participate in a shared-work plan.
(b) "Approved shared-work plan" means an employer's
shared-work plan that meets the requirements of section 28d and that the
unemployment agency approves in writing.
(c) "Fringe benefit" means health insurance, a
retirement benefit received under a pension plan or defined contribution plan,
a paid vacation day, a paid holiday, sick leave, or any other similar employee
benefit provided by an employer.
(d) "Normal weekly hours of work" means the
established standard work times and number of hours in the workweek for the
position or, if standard work times and number of hours have not been
established for the position, the work times and average number of hours per
week actually worked by the employee in that position over the most recent 3
months before the employer files the application for designation as a participating
employer.
(e) "Participating employee" means an employee in
the affected unit whose hours of work are reduced by the reduction percentage
under the shared-work plan. Participating employee does not include a seasonal worker as defined in section
27(o)(9)(e) or a worker employed on a temporary or intermittent
basis.
(f) "Participating employer" means an employer that
has a shared-work plan in effect.
(g) "Reduction percentage" means the percentage by
which each participating employee's normal weekly hours of work are reduced
under a shared-work plan in accordance with section 28d(2).
(h) "Shared-work plan" means a plan for reducing unemployment under which employees of an affected unit share a reduced workload through reduction in their normal weekly hours of work.