April 21, 2009, Introduced by Senators CHERRY, PRUSI, WHITMER, OLSHOVE, BARCIA, GLEASON, BASHAM, JACOBS, SWITALSKI, CLARK-COLEMAN, ANDERSON, THOMAS, BRATER, SCOTT, CLARKE and HUNTER and referred to the Committee on Commerce and Tourism.
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
by amending sections 27 and 28 (MCL 421.27 and 421.28), section 27
as amended by 2002 PA 192 and section 28 as amended by 1994 PA 422.
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 shall 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 the conversion date prescribed in section 75
October 1, 2000, a new separation issue arises resulting from
subsequent work.
(2) Benefits shall be paid in person or by mail through
employment offices in accordance with rules promulgated by the
commission.
(b)(1) Subject to subsection (f), the weekly benefit rate for
an
individual, with respect to benefit years beginning before the
conversion
date prescribed in section 75, shall be October 1, 2000,
is 67% of the individual's average after tax weekly wage, except
that the individual's maximum weekly benefit rate shall not exceed
$300.00.
However, with respect to benefit years beginning after the
conversion
date as prescribed in section 75 on
or after October 1,
2000, the individual's weekly benefit rate shall be 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
$20.00 for each dependent as defined in subdivision (3)
(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 shall not exceed $300.00
before
the effective date of the amendatory act that added section
13l April
26, 2002 and $362.00 for claims filed
on and after the
effective
date of the amendatory act that added section 13l April
26, 2002. The weekly benefit rate for an individual claiming
benefits
on and or after the effective date of the amendatory act
that
added section 13l April 26, 2002
shall 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. With respect to For benefit years beginning on or after
October 2, 1983, the weekly benefit rate shall be adjusted to the
next lower multiple of $1.00.
(2)
For benefit years beginning before the conversion date
prescribed
in section 75 October 1, 2000, the state average weekly
wage for a calendar year shall be computed on the basis of the 12
months ending the June 30 immediately preceding that calendar year.
The commission shall prepare a table of weekly benefit rates based
on an "average after tax weekly wage" calculated by subtracting,
from an individual's average weekly wage as determined in
accordance with section 51, a reasonable approximation of the
weekly amount required to be withheld by the employer from the
remuneration of the individual based on dependents and exemptions
for
income taxes under chapter 24 of subtitle C of the internal
revenue
code of 1986, 26 U.S.C. USC
3401 to 3406, and under section
351 of the income tax act of 1967, 1967 PA 281, MCL 206.351, and
for old age and survivor's disability insurance taxes under the
federal
insurance contributions act, chapter 21 of subtitle C of
the
internal revenue code of 1986, 26 U.S.C.
USC 3101 to
3128. For
purposes of applying the table to an individual's claim, a
dependent shall be as defined in subdivision (3). The table
applicable to an individual's claim shall be the table reflecting
the number of dependents claimed by the individual under
subdivision (3). The commission shall adjust the tables based on
changes in withholding schedules published by the United States
department of treasury, internal revenue service, and by the
department of treasury. The number of dependents allowed shall be
determined with respect to each week of unemployment for which an
individual is claiming benefits.
(3)
For benefit years beginning before the conversion date
prescribed
in section 75 October 1, 2000, a dependent means any of
the following persons who is receiving and for at least 90
consecutive days immediately preceding 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 half 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 after the conversion date
prescribed
in section 75 on or after October 1, 2000, a dependent
means any of the following persons who received for at least 90
consecutive days immediately preceding 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)
For benefit years beginning before the conversion date
prescribed
in section 75 October 1, 2000, dependency status of a
dependent, child or otherwise, once established or fixed in favor
of an individual continues during the individual's benefit year
until terminated. Dependency status of a dependent terminates at
the end of the week in which the dependent ceases to be an
individual
described in subdivision (3)(a), (b), (c), or (d) (3)
because of age, death, or divorce. For benefit years beginning
after
the conversion date prescribed in section 75 on or after
October 1, 2000, 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)
For benefit years beginning before the conversion date
prescribed
in section 75 October 1, 2000, 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 when the individual files a claim for
benefits
with respect to a week shall be considered is good
cause
for
the issuance of to issue a redetermination as to the amount of
benefits based on the number of the individual's dependents as of
the beginning date of that week. 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.
For
benefit years beginning after the conversion date as
prescribed
in section 75 on or after October 1, 2000, 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 shall be considered
good
cause for the issuance of 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 shall 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 shall be 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) Each eligible individual shall have his or her weekly
benefit rate reduced with respect to each week in which the
individual earns or receives remuneration at the rate of 50 cents
for each whole $1.00 of remuneration earned or received during that
week.
(3) An individual who receives or earns partial remuneration
may not receive a total of benefits and earnings that exceeds 1-1/2
times his or her weekly benefit amount. For each dollar of total
benefits and earnings that exceeds 1-1/2 times the individual's
weekly benefit amount, benefits shall be reduced by $1.00.
(4) If the reduction in a claimant's benefit rate for a week
in
accordance with subparagraph subdivision
(2) or (3) results in a
benefit rate greater than zero for that week, the claimant's
balance
of weeks of benefit payments will shall be 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 shall be
considered to have been earned by the eligible individual on the
preceding day.
(d)
For benefit years beginning before the conversion date
prescribed
in section 75 October 1, 2000, and subject to subsection
(f) and this subsection, the amount of benefits to which an
individual who is otherwise eligible is entitled during a benefit
year from an employer with respect to employment during the base
period is the amount obtained by multiplying the weekly benefit
rate with respect to that employment by 3 of the number of credit
weeks earned in the employment. For the purpose of this subsection
and section 20(c), if the resultant product is not an even multiple
of 1/2 the weekly benefit rate, the product shall be raised to an
amount equal to the next higher multiple of 1/2 the weekly benefit
rate, and, for an individual who was employed by only 1 employer in
the individual's base period and earned 34 credit weeks with that
employer, the product shall be raised to the next higher multiple
of the weekly benefit rate. The maximum amount of benefits payable
to an individual within a benefit year, with respect to employment
by an employer, shall not exceed 26 times the weekly benefit rate
with respect to that employment. The maximum amount of benefits
payable to an individual within a benefit year shall not exceed the
amount to which the individual would be entitled for 26 weeks of
unemployment in which remuneration was not earned or received. 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). For benefit years beginning after
the
conversion date prescribed in section 75 on or after October 1,
2000, and 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(c) 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 shall be rounded
down to the nearest half number. However, not more than 26 weeks of
benefits or less than 14 weeks of benefits shall be payable to an
individual in a benefit year. The limitation of total benefits set
forth
in this subsection shall does
not apply to claimants declared
eligible for training benefits in accordance with subsection (g).
(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, shall 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 the conversion date
prescribed
in section 75 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), shall be 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 shall be 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 shall 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 shall be 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 shall not be 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 shall 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
shall 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
shall
apply only to benefits as may be that are claimed
after the
information on which the reconsideration is based was received by
the commission.
(4)(a)
As used in this subdivision 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 shall not be considered to be are
not retirement benefits.
(b) If a benefit, annuity, or pension as described in
subparagraph (a) is payable or paid to the individual under a plan
to which the individual has contributed:
(i) Less than half of the cost of the benefit, then only half
of
the benefit shall be treated as amount
payable or paid is a
retirement benefit.
(ii) Half or more of the cost of the benefit, then none of the
benefit
shall be treated as amount
payable or paid is a retirement
benefit.
(c) The burden of establishing the extent of an individual's
contribution
to the cost of his or her retirement benefit, annuity,
or pension plan 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 shall be 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 shall be made only if it is required
as a condition for full tax credit against the tax imposed by the
federal
unemployment tax act, chapter 23 of subtitle C of the
internal
revenue code of 1986, 26 U.S.C. USC
3301 to 3311.
(6)
For benefit years beginning after the conversion date
prescribed
in section 75 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), shall be
adjusted
as provided in subparagraphs (a), (b), and (c) this
subdivision. However, an individual's extended benefit account and
an individual's weekly extended benefit rate under section 64 shall
be 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 shall continue to
be applicable in connection with the benefit claims of those
retired persons.
(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 shall
not 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 shall be 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
unemployed individual who is satisfactorily pursuing vocational
training or retraining pursuant to section 28(2) or the workforce
investment act of 1998, Public Law 105-220, in preparation for
entry into a high-demand occupation following separation from a
declining occupation or involuntary and indefinite separation from
employment in which permanent operations have been reduced, and who
has
exhausted all benefits available under subsection (d) may shall
be paid for each week of participation in 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 shall not be paid training benefits totaling more than
18
26 times the individual's most recent weekly benefit
rate. The
expiration or termination of a benefit year shall 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. Training benefits shall not be paid under this
subsection, however, to an individual who is receiving a similar
stipend or other training allowance for nontraining costs. Training
benefits shall not be paid under this subsection if the individual
is entitled to unemployment compensation under any federal
unemployment compensation program or under the federal-state
extended unemployment compensation program or if the individual is
entitled to establish a new claim for regular state unemployment
benefits under this act.
(h) A payment of accrued unemployment benefits shall not be
made 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 shall not be paid
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 shall not be paid
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 shall not be paid 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 shall not be 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, chapter 23 of subtitle C of the
internal
revenue code of 1986, 26 U.S.C. USC
3301 to 3311.
(6)
For benefit years established before the conversion date
prescribed
in section 75 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 shall be charged in accordance with the normal
sequence of charging as provided in section 20(b).
(7)
For benefit years beginning after the conversion date
prescribed
in section 75 on or after October 1, 2000, and
notwithstanding subdivisions (1), (2), and (3), the denial of
benefits shall not prevent an individual from completing
requalifying weeks in accordance with section 29(3) nor shall the
denial 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, when
benefits are paid based on service with 1 or more base period
employers other than an educational institution, the individual's
weekly benefit rate shall be calculated in accordance with
subsection (b)(1) but during the denial period the individual's
weekly benefit payment shall be 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 shall not be charged for benefits payable
to the individual. When a denial of benefits under subdivision (1)
is no longer applicable, benefits shall be 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 shall be 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 shall not be paid 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 shall are not be
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,
chapter
477, 66 Stat. 182, 8 U.S.C. 1182 8
USC 1182(d)(5).
(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.
The unemployment agency shall
require each individual who
applies for benefits to supply information sufficient to determine
citizenship or alien status eligibility.
(3)
Where an individual whose application for benefits would
otherwise
be approved, a A determination that to deny benefits
to
that
individual are not payable because
of the an individual's
alien
status shall not be made except only 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 commission 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 commission 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 section 454(19)(B)(i) of part D of
title
IV of the social security act, 42 U.S.C. 654 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 pursuant to legal process, as that
term
is defined in section 462(e) of part D of title IV of the
social
security act, 42 U.S.C. 662 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) Any amount deducted and withheld under subdivision (2)
shall be paid by the commission to the appropriate state or local
child support enforcement agency.
(5) Any amount deducted and withheld under subdivision (2)
shall be 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)
This subsection applies 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 commission for the administrative costs incurred by
the commission 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 shall
be determined by the commission. The commission, 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)
through to (5), means any compensation payable under this act,
including amounts payable by the commission 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 section 454 of
part
D of title IV of the social security act, 42 U.S.C. USC 654,
that has been approved by the secretary of health and human
services
under part D of title IV of the social security act,
chapter
531, 49 Stat. 620, 42 U.S.C. USC
651 to 655, 656 to 660,
and
663 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.
(o)(1) For weeks of unemployment beginning after July 1, 1996,
unemployment benefits based on services by a seasonal worker
performed
in seasonal employment shall be are payable
only for
weeks of unemployment that occur during the normal seasonal work
period. Benefits shall not be paid 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 a referee or the
board of review, or of 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
shall be 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 notice shall be
furnished by the commission. The notice shall 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 in the event that 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 shall become becomes
effective on the beginning date of the normal seasonal work period
that
would have immediately followed the date the commission issues
issued 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 shall 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 whether 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 industry
classification system -- United States office of management and
budget,
1997 2002 edition.
(b) "Normal seasonal work period" means that period or those
periods of time determined pursuant to rules promulgated by the
commission 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 in an industry,
other than the construction industry, that does either of the
following:
(1) Customarily operates during regularly recurring periods of
26 weeks or less in any 52-consecutive-week period.
(2) Customarily employs at least 50% of its employees for
regularly recurring periods of 26 weeks or less within a period of
52 consecutive weeks.
(d) "Seasonal employer" means an employer, other than an
employer in the construction industry, who applies to the
commission for designation as a seasonal employer and who the
commission determines to be an employer whose operations and
business are substantially engaged in seasonal employment.
(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)
If this subsection is found by This
subsection does not
apply if the United States department of labor finds it to be
contrary
to the federal unemployment tax act, chapter 23 of the
internal
revenue code of 1986, 26 U.S.C. 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,
this subsection shall be invalid chapter 531, 49 Stat. 620.
(p) Benefits shall not be paid 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.
Sec.
28. (1) An unemployed individual shall be is eligible to
receive benefits with respect to any week only if the commission
finds that:
(a)
For benefit years established before
the conversion date
prescribed
in section 75 October 1, 2000, the individual has
registered for work at and thereafter has continued to report at an
employment office in accordance with such rules as the commission
may prescribe and is seeking work. The requirements that the
individual must report at an employment office, must register for
work, must be available to perform suitable full-time work, and
must seek work may be waived by the commission if the individual is
laid off and the employer who laid the individual off notifies the
commission in writing or by computerized data exchange that the
layoff is temporary and that work is expected to be available for
the individual within a declared number of days, not to exceed 45
calendar days following the last day the individual worked. This
waiver
shall is not be effective unless the notification from
the
employer has been received by the commission before the individual
has completed his or her first compensable week following layoff.
If the individual is not recalled within the specified period, the
waiver shall cease to be operative with respect to that layoff.
Except for a period of disqualification, the requirement that the
individual
shall seek work may be waived by the commission where if
it finds that suitable work is unavailable both in the locality
where the individual resides and in those localities in which the
individual has earned base period credit weeks. This waiver shall
not apply, for weeks of unemployment beginning on or after March 1,
1981, to a claimant enrolled and attending classes as a full-time
student.
An individual shall have has satisfied
the requirement of
personal reporting at an employment office, as applied to a week in
a period during which the requirements of registration and seeking
work have been waived by the commission pursuant to this
subdivision, if the individual has satisfied the personal reporting
requirement with respect to a preceding week in that period and the
individual has reported with respect to the week by mail in
accordance with the rules promulgated by the commission. For
benefit
years established on or after the conversion date
prescribed
in section 75 October 1, 2000, the individual has
registered for work and has continued to report in accordance with
such
rules as that the
commission may prescribe prescribes
and is
seeking work. The requirements that the individual must report,
must register for work, must be available to perform suitable full-
time work, and must seek work may be waived by the commission if
the individual is laid off and the employer who laid the individual
off notifies the commission in writing or by computerized data
exchange that the layoff is temporary and that work is expected to
be available for the individual within a declared number of days,
not to exceed 45 calendar days following the last day the
individual
worked. This waiver shall is
not be effective unless the
notification
from the employer has been is
received by the
commission before the individual has completed his or her first
compensable week following layoff. If the individual is not
recalled within the specified period, the waiver shall cease to be
operative with respect to that layoff. Except for a period of
disqualification, the requirement that the individual shall seek
work
may be waived by the commission where if it finds that
suitable work is unavailable both in the locality where the
individual resides and in those localities in which the individual
has
earned wages during or after the base period. This waiver shall
does not apply to a claimant enrolled in and attending classes as a
full-time
student. An individual shall be is
considered to have
satisfied the requirement of personal reporting at an employment
office, as applied to a week in a period during which the
requirements of registration and seeking work have been waived by
the commission pursuant to this subdivision, if the individual has
satisfied the personal reporting requirement with respect to a
preceding week in that period and the individual has reported with
respect to the week by mail in accordance with the rules
promulgated by the commission.
(b) The individual has made a claim for benefits in accordance
with section 32 and has provided the commission with his or her
social security number.
(c) The individual is able and available to perform suitable
full-time
work of a character which that
the individual is
qualified to perform by past experience or training, which is of a
character generally similar to work for which the individual has
previously received wages, and for which the individual is
available, full time, either at a locality at which the individual
earned wages for insured work during his or her base period or at a
locality
where it is found by the commission finds that such work
is available.
(d) In the event of the death of an individual's immediate
family member, the eligibility requirements of availability and
reporting shall be waived for the day of the death and for 4
consecutive calendar days thereafter. As used in this subdivision,
"immediate family member" means a spouse, child, stepchild, adopted
child, grandchild, parent, grandparent, brother, or sister of the
individual or his or her spouse. It shall also include the spouse
of any of the persons specified in the previous sentence.
(e) The individual participates in reemployment services, such
as job search assistance services, if the individual has been
determined or redetermined by the commission to be likely to
exhaust regular benefits and need reemployment services pursuant to
a profiling system established by the commission.
(2) The commission may authorize an individual with an
unexpired benefit year to pursue vocational training or retraining
only if the commission finds that:
(a) Reasonable opportunities for employment in occupations for
which the individual is fitted by training and experience do not
exist in the locality in which the individual is claiming benefits.
(b) The vocational training course relates to an occupation or
skill for which there are, or are expected to be in the immediate
future, reasonable employment opportunities.
(c) The training course has been approved by a local advisory
council on which both management and labor are represented, or if
there is no local advisory council, by the commission.
(d) The individual has the required qualifications and
aptitudes to complete the course successfully.
(e) The vocational training course has been approved by the
state board of education and is maintained by a public or private
school or by the commission.
(3) Notwithstanding any other provision of this act, an
otherwise eligible individual shall not be ineligible for benefits
because he or she is participating in training with the approval of
the commission or in a job training program authorized under the
workforce investment act of 1998, Public Law 105-220. For each week
that the commission finds that an individual who is claiming
benefits
under this act and who is participating in training with
the
approval of the commission, is satisfactorily pursuing an
approved
course of vocational training satisfactorily
pursuing the
approved or authorized training, it shall waive the requirements
that he or she be available for work and be seeking work as
prescribed in subsection (1)(a) and (c), and it shall find good
cause for his or her failure to apply for suitable work, report to
a former employer for an interview concerning suitable work, or
accept suitable work as required in section 29(1)(c), (d), and (e).
(4) The waiver of the requirement that a claimant seek work,
as
provided in subsection (1)(a), shall not be applicable does not
apply to weeks of unemployment for which the claimant is claiming
extended
benefits if section 64(8)(a)(ii) 64(7)(a)(ii) is in effect,
unless the individual is participating in training approved by the
commission.
(5) Notwithstanding any other provisions of this act, an
otherwise eligible individual shall not be denied benefits for any
week beginning after October 30, 1982 solely because the individual
is in training approved under section 236(a)(1) of the trade act of
1974,
as amended, 19 U.S.C. USC 2296,
nor shall the individual be
denied benefits by reason of leaving work to enter such training if
the work left is not suitable employment. Furthermore, an otherwise
eligible individual shall not be denied benefits because of the
application to any such week in training of provisions of this act,
or any applicable federal unemployment compensation law, relating
to availability for work, active search for work, or refusal to
accept work. For purposes of this subsection, "suitable employment"
means, with respect to an individual, work of a substantially equal
or higher skill level than the individual's past adversely affected
employment, as defined for purposes of the trade act of 1974, 19
U.S.C.
USC 2101
to 2495, and wages for that work at not less than
80% of the individual's average weekly wage as determined for the
purposes of the trade act of 1974.