Bill Text: MN SF283 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Unemployment compensation noncovered employment definition modification
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-02-06 - Referred to Jobs, Agriculture and Rural Development [SF283 Detail]
Download: Minnesota-2013-SF283-Introduced.html
1.2relating to unemployment insurance; modifying the definition of noncovered
1.3employment;amending Minnesota Statutes 2012, section 268.035, subdivision
1.420.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.035, subdivision 20, is amended to read:
1.7 Subd. 20. Noncovered employment. "Noncovered employment" means:
1.8 (1) employment for the United States government or an instrumentality thereof,
1.9including military service;
1.10 (2) employment for a state, other than Minnesota, or a political subdivision or
1.11instrumentality thereof;
1.12 (3) employment for a foreign government;
1.13 (4) employment for an instrumentality wholly owned by a foreign government,
1.14if the employment is of a character similar to that performed in foreign countries by
1.15employees of the United States government or an instrumentality thereof and the United
1.16States Secretary of State has certified that the foreign government grants an equivalent
1.17exemption to similar employment performed in the foreign country by employees of the
1.18United States government and instrumentalities thereof;
1.19 (5) employment covered under United States Code, title 45, section 351, the
1.20Railroad Unemployment Insurance Act;
1.21 (6) employment covered by a reciprocal arrangement between the commissioner and
1.22another state or the federal government that provides that all employment performed by an
1.23individual for an employer during the period covered by the reciprocal arrangement is
1.24considered performed entirely within another state;
2.1 (7) employment for a church or convention or association of churches, or an
2.2organization operated primarily for religious purposes that is operated, supervised,
2.3controlled, or principally supported by a church or convention or association of churches
2.4described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue
2.5Code and exempt from income tax under section 501(a);
2.6 (8) employment of a duly ordained or licensed minister of a church in the exercise of
2.7a ministry or by a member of a religious order in the exercise of duties required by the
2.8order, for Minnesota or a political subdivision or an organization described in United
2.9States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt
2.10from income tax under section 501(a);
2.11 (9) employment of an individual receiving rehabilitation of "sheltered" work in
2.12a facility conducted for the purpose of carrying out a program of rehabilitation for
2.13individuals whose earning capacity is impaired by age or physical or mental deficiency
2.14or injury or a program providing "sheltered" work for individuals who because of an
2.15impaired physical or mental capacity cannot be readily absorbed in the competitive labor
2.16market. This clause applies only to services performed for Minnesota or a political
2.17subdivision or an organization described in United States Code, title 26, section 501(c)(3)
2.18of the federal Internal Revenue Code and exempt from income tax under section 501(a)
2.19in a facility certified by the Rehabilitation Services Branch of the department or in a day
2.20training or habilitation program licensed by the Department of Human Services;
2.21 (10) employment of an individual receiving work relief or work training as part of
2.22an unemployment work relief or work training program assisted or financed in whole or
2.23in part by any federal agency or an agency of a state or political subdivision thereof.
2.24This clause applies only to employment for Minnesota or a political subdivision or an
2.25organization described in United States Code, title 26, section 501(c)(3) of the federal
2.26Internal Revenue Code and exempt from income tax under section 501(a). This clause does
2.27not apply to programs that require unemployment benefit coverage for the participants;
2.28 (11) employment for Minnesota or a political subdivision as an elected official, a
2.29member of a legislative body, or a member of the judiciary;
2.30 (12) employment as a member of the Minnesota National Guard or Air National
2.31Guard;
2.32 (13) employment for Minnesota, a political subdivision, or instrumentality thereof,
2.33as an employee serving only on a temporary basis in case of fire, flood, tornado, or
2.34similar emergency;
3.1 (14) employment as an election official or election worker for Minnesota or a
3.2political subdivision, but only if the compensation for that employment was less than
3.3$1,000 in a calendar year;
3.4 (15) employment for Minnesota that is a major policy-making or advisory position
3.5in the unclassified service;
3.6(16) employment for Minnesota in an unclassified position established under section
3.743A.08, subdivision 1a
;
3.8 (17) employment for a political subdivision of Minnesota that is a nontenured major
3.9policy making or advisory position;
3.10 (18) domestic employment in a private household, local college club, or local
3.11chapter of a college fraternity or sorority performed for a person, only if the wages paid
3.12in any calendar quarter in either the current or prior calendar year to all individuals in
3.13domestic employment totaled less than $1,000.
3.14 "Domestic employment" includes all service in the operation and maintenance of a
3.15private household, for a local college club, or local chapter of a college fraternity or
3.16sorority as distinguished from service as an employee in the pursuit of an employer's
3.17trade or business;
3.18 (19) employment of an individual by a son, daughter, or spouse, and employment of
3.19a child under the age of 18 by the child's father or mother;
3.20 (20)employment of an individual who provides direct care to an immediate family
3.21member funded through the personal care assistance program under section
256B.0659;
3.22(21) employment of an inmate of a custodial or penal institution;
3.23(22) (21) employment for a school, college, or university by a student who is
3.24enrolled and whose primary relation to the school, college, or university is as a student.
3.25This does not include an individual whose primary relation to the school, college, or
3.26university is as an employee who also takes courses;
3.27(23) (22) employment of an individual who is enrolled as a student in a full-time
3.28program at a nonprofit or public educational institution that maintains a regular faculty
3.29and curriculum and has a regularly organized body of students in attendance at the place
3.30where its educational activities are carried on, taken for credit at the institution, that
3.31combines academic instruction with work experience, if the employment is an integral
3.32part of the program, and the institution has so certified to the employer, except that this
3.33clause does not apply to employment in a program established for or on behalf of an
3.34employer or group of employers;
4.1(24) (23) employment of university, college, or professional school students in an
4.2internship or other training program with the city of St. Paul or the city of Minneapolis
4.3under Laws 1990, chapter 570, article 6, section 3;
4.4(25) (24) employment for a hospital by a patient of the hospital. "Hospital" means
4.5an institution that has been licensed by the Department of Health as a hospital;
4.6(26) (25) employment as a student nurse for a hospital or a nurses' training school by
4.7an individual who is enrolled and is regularly attending classes in an accredited nurses'
4.8training school;
4.9(27) (26) employment as an intern for a hospital by an individual who has completed
4.10a four-year course in an accredited medical school;
4.11(28) (27) employment as an insurance salesperson, by other than a corporate
4.12officer, if all the wages from the employment is solely by way of commission. The word
4.13"insurance" includes an annuity and an optional annuity;
4.14(29) (28) employment as an officer of a township mutual insurance company or
4.15farmer's mutual insurance company operating under chapter 67A;
4.16(30) (29) employment of a corporate officer, if the officer directly or indirectly,
4.17including through a subsidiary or holding company, owns 25 percent or more of the
4.18employer corporation, and employment of a member of a limited liability company, if the
4.19member directly or indirectly, including through a subsidiary or holding company, owns
4.2025 percent or more of the employer limited liability company;
4.21(31) (30) employment as a real estate salesperson, by other than a corporate officer,
4.22if all the wages from the employment is solely by way of commission;
4.23(32) (31) employment as a direct seller as defined in United States Code, title 26,
4.24section 3508;
4.25(33) (32) employment of an individual under the age of 18 in the delivery or
4.26distribution of newspapers or shopping news, not including delivery or distribution to any
4.27point for subsequent delivery or distribution;
4.28(34) (33) casual employment performed for an individual, other than domestic
4.29employment under clause (18), that does not promote or advance that employer's trade or
4.30business;
4.31(35) (34) employment in "agricultural employment" unless considered "covered
4.32agricultural employment" under subdivision 11; or
4.33(36) (35) if employment during one-half or more of any pay period was covered
4.34employment, all the employment for the pay period is considered covered employment;
4.35but if during more than one-half of any pay period the employment was noncovered
4.36employment, then all of the employment for the pay period is considered noncovered
5.1employment. "Pay period" means a period of not more than a calendar month for which a
5.2payment or compensation is ordinarily made to the employee by the employer.
1.3employment;amending Minnesota Statutes 2012, section 268.035, subdivision
1.420.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.035, subdivision 20, is amended to read:
1.7 Subd. 20. Noncovered employment. "Noncovered employment" means:
1.8 (1) employment for the United States government or an instrumentality thereof,
1.9including military service;
1.10 (2) employment for a state, other than Minnesota, or a political subdivision or
1.11instrumentality thereof;
1.12 (3) employment for a foreign government;
1.13 (4) employment for an instrumentality wholly owned by a foreign government,
1.14if the employment is of a character similar to that performed in foreign countries by
1.15employees of the United States government or an instrumentality thereof and the United
1.16States Secretary of State has certified that the foreign government grants an equivalent
1.17exemption to similar employment performed in the foreign country by employees of the
1.18United States government and instrumentalities thereof;
1.19 (5) employment covered under United States Code, title 45, section 351, the
1.20Railroad Unemployment Insurance Act;
1.21 (6) employment covered by a reciprocal arrangement between the commissioner and
1.22another state or the federal government that provides that all employment performed by an
1.23individual for an employer during the period covered by the reciprocal arrangement is
1.24considered performed entirely within another state;
2.1 (7) employment for a church or convention or association of churches, or an
2.2organization operated primarily for religious purposes that is operated, supervised,
2.3controlled, or principally supported by a church or convention or association of churches
2.4described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue
2.5Code and exempt from income tax under section 501(a);
2.6 (8) employment of a duly ordained or licensed minister of a church in the exercise of
2.7a ministry or by a member of a religious order in the exercise of duties required by the
2.8order, for Minnesota or a political subdivision or an organization described in United
2.9States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt
2.10from income tax under section 501(a);
2.11 (9) employment of an individual receiving rehabilitation of "sheltered" work in
2.12a facility conducted for the purpose of carrying out a program of rehabilitation for
2.13individuals whose earning capacity is impaired by age or physical or mental deficiency
2.14or injury or a program providing "sheltered" work for individuals who because of an
2.15impaired physical or mental capacity cannot be readily absorbed in the competitive labor
2.16market. This clause applies only to services performed for Minnesota or a political
2.17subdivision or an organization described in United States Code, title 26, section 501(c)(3)
2.18of the federal Internal Revenue Code and exempt from income tax under section 501(a)
2.19in a facility certified by the Rehabilitation Services Branch of the department or in a day
2.20training or habilitation program licensed by the Department of Human Services;
2.21 (10) employment of an individual receiving work relief or work training as part of
2.22an unemployment work relief or work training program assisted or financed in whole or
2.23in part by any federal agency or an agency of a state or political subdivision thereof.
2.24This clause applies only to employment for Minnesota or a political subdivision or an
2.25organization described in United States Code, title 26, section 501(c)(3) of the federal
2.26Internal Revenue Code and exempt from income tax under section 501(a). This clause does
2.27not apply to programs that require unemployment benefit coverage for the participants;
2.28 (11) employment for Minnesota or a political subdivision as an elected official, a
2.29member of a legislative body, or a member of the judiciary;
2.30 (12) employment as a member of the Minnesota National Guard or Air National
2.31Guard;
2.32 (13) employment for Minnesota, a political subdivision, or instrumentality thereof,
2.33as an employee serving only on a temporary basis in case of fire, flood, tornado, or
2.34similar emergency;
3.1 (14) employment as an election official or election worker for Minnesota or a
3.2political subdivision, but only if the compensation for that employment was less than
3.3$1,000 in a calendar year;
3.4 (15) employment for Minnesota that is a major policy-making or advisory position
3.5in the unclassified service;
3.6(16) employment for Minnesota in an unclassified position established under section
3.8 (17) employment for a political subdivision of Minnesota that is a nontenured major
3.9policy making or advisory position;
3.10 (18) domestic employment in a private household, local college club, or local
3.11chapter of a college fraternity or sorority performed for a person, only if the wages paid
3.12in any calendar quarter in either the current or prior calendar year to all individuals in
3.13domestic employment totaled less than $1,000.
3.14 "Domestic employment" includes all service in the operation and maintenance of a
3.15private household, for a local college club, or local chapter of a college fraternity or
3.16sorority as distinguished from service as an employee in the pursuit of an employer's
3.17trade or business;
3.18 (19) employment of an individual by a son, daughter, or spouse, and employment of
3.19a child under the age of 18 by the child's father or mother;
3.20 (20)
3.21
3.22
3.23
3.24enrolled and whose primary relation to the school, college, or university is as a student.
3.25This does not include an individual whose primary relation to the school, college, or
3.26university is as an employee who also takes courses;
3.27
3.28program at a nonprofit or public educational institution that maintains a regular faculty
3.29and curriculum and has a regularly organized body of students in attendance at the place
3.30where its educational activities are carried on, taken for credit at the institution, that
3.31combines academic instruction with work experience, if the employment is an integral
3.32part of the program, and the institution has so certified to the employer, except that this
3.33clause does not apply to employment in a program established for or on behalf of an
3.34employer or group of employers;
4.1
4.2internship or other training program with the city of St. Paul or the city of Minneapolis
4.3under Laws 1990, chapter 570, article 6, section 3;
4.4
4.5an institution that has been licensed by the Department of Health as a hospital;
4.6
4.7an individual who is enrolled and is regularly attending classes in an accredited nurses'
4.8training school;
4.9
4.10a four-year course in an accredited medical school;
4.11
4.12officer, if all the wages from the employment is solely by way of commission. The word
4.13"insurance" includes an annuity and an optional annuity;
4.14
4.15farmer's mutual insurance company operating under chapter 67A;
4.16
4.17including through a subsidiary or holding company, owns 25 percent or more of the
4.18employer corporation, and employment of a member of a limited liability company, if the
4.19member directly or indirectly, including through a subsidiary or holding company, owns
4.2025 percent or more of the employer limited liability company;
4.21
4.22if all the wages from the employment is solely by way of commission;
4.23
4.24section 3508;
4.25
4.26distribution of newspapers or shopping news, not including delivery or distribution to any
4.27point for subsequent delivery or distribution;
4.28
4.29employment under clause (18), that does not promote or advance that employer's trade or
4.30business;
4.31
4.32agricultural employment" under subdivision 11; or
4.33
4.34employment, all the employment for the pay period is considered covered employment;
4.35but if during more than one-half of any pay period the employment was noncovered
4.36employment, then all of the employment for the pay period is considered noncovered
5.1employment. "Pay period" means a period of not more than a calendar month for which a
5.2payment or compensation is ordinarily made to the employee by the employer.
