Bill Text: MI SB0174 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Employment security: benefits; low-wage school employees to collect unemployment benefits during the summer months; allow. Amends sec. 27 of 1936 (Ex Sess) PA 1 (MCL 421.27).
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2021-02-24 - Referred To Committee On Economic And Small Business Development [SB0174 Detail]
Download: Michigan-2021-SB0174-Introduced.html
SENATE BILL NO. 174
February 24, 2021, Introduced by Senators
BAYER, ANANICH, BRINKS, GEISS, IRWIN, WOJNO, SANTANA, CHANG, POLEHANKI,
MCCANN, 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 section 27 (MCL 421.27), as amended by 2020 PA 258.
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),
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 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.
(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
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 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 Except as provided in subdivision (5), 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 Except as provided in subdivision (5), 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.unemployment agency.
(5) Benefits based upon services in
other than an instructional, research, or principal administrative capacity or, if the individual receives an
annual salary that is less than the federal poverty level for a family of 4
individuals, based upon services in an instructional, research, or principal
administrative capacity for an institution of higher education or for an educational institution
other than 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. As used in this subdivision, "federal poverty
level" means that term as defined in section 2 of the individual or family
development account program act, 2006 PA 513, MCL 206.902.
(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 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
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), and (5) 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 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 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 unemployment agency 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 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 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 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.
(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.