Bill Text: MN SF506 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Unemployment insurance additional benefits eligibility modification
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-02-18 - Referred to Jobs, Agriculture and Rural Development [SF506 Detail]
Download: Minnesota-2013-SF506-Introduced.html
1.2relating to unemployment insurance; modifying eligibility for additional benefits;
1.3amending Minnesota Statutes 2012, sections 268.125, subdivisions 1, 3, 4, 5, by
1.4adding a subdivision; 268.184, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.125, subdivision 1, is amended to read:
1.7 Subdivision 1. Additional unemployment benefits; when available. Additional
1.8unemployment benefits are available if:
1.9 (1) MS 2008 [Expired, 2008 c 300 s 15]
1.10 (2)(i) at a facility that had 100 or more employees, the employer reduced operations,
1.11resulting within a one-month period in the layoff of 50 percent or more of the facility's
1.12work force, including reductions caused as a result of a major natural disaster declared by
1.13the president;
1.14 (ii) the employer has no expressed plan to resume operations that would lead to the
1.15reemployment of those employees in the immediate future; and
1.16 (iii) the seasonally adjusted unemployment rate in the county that the facility is
1.17located was ten percent or more during the month of the reduction or any of the three
1.18months before or after the month of the reduction; or
1.19 (3) the applicant stopped working because of a lockout. The term "lockout" has the
1.20meaning given in section 179.01, subdivision 9.
1.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.22 Sec. 2. Minnesota Statutes 2012, section 268.125, subdivision 3, is amended to read:
2.1 Subd. 3. Eligibility conditions. (a) An applicant is eligible to receive additional
2.2unemployment benefits for any week during the applicant's benefit year if:
2.3(1) for any week during which benefits are available under subdivision 1, clause (1):
2.4(i) the applicant resides in a county that meets the requirements of subdivision 1,
2.5clause (1), and resided in that county each week that regular unemployment benefits
2.6were paid;
2.7(ii) the applicant was not paid unemployment benefits for any week in the 12 months
2.8before the effective date of the applicant's benefit account;
2.9(iii) the applicant meets the same eligibility requirements that are required for
2.10regular unemployment benefits under section
268.069; and
2.11(iv) MS 2008 [Expired, 2008 c 300 s 17]
2.12(2) (1) the applicant was laid off from employment as a result of a reduction under
2.13subdivision 1, clause (2), or was laid off because of lack of work from that employer
2.14during the three-month period before, or the three-month period after, the month of the
2.15reduction under subdivision 1, clause (2);
2.16(3) (2) the applicant meets the same eligibility requirements that are required for
2.17regular unemployment benefits under section268.069 ;
2.18(4) (3) the applicant has exhausted regular unemployment benefits under section
2.19268.07
, is not entitled to receive extended unemployment benefits under section
268.115 ,
2.20and is not entitled to receive unemployment benefits under any other state or federal law
2.21for that week; and
2.22(5) (4) a majority of the applicant's wage credits were from the employer that had a
2.23reduction in operations under subdivision 1, clause (2).
2.24(b) An applicant who stopped working because of a lockout is eligible to receive
2.25additional unemployment benefits for any week if:
2.26(1) the applicant meets the eligibility requirements under section 268.069;
2.27(2) the applicant has exhausted regular unemployment benefits under section 268.07
2.28or the law of another state;
2.29(3) the applicant is not eligible for extended unemployment benefits or
2.30unemployment benefits under any federal law; and
2.31(4) the lockout is in active progress.
2.32Section 268.085, subdivision 1, clause (2), does not apply to this paragraph.
2.33EFFECTIVE DATE.This section is effective the day following final enactment.
2.34 Sec. 3. Minnesota Statutes 2012, section 268.125, subdivision 4, is amended to read:
3.1 Subd. 4. Weekly unemployment benefit amount. An applicant's weekly additional
3.2unemployment benefit amount is the same as the applicant's weekly regular unemployment
3.3benefit amountduring the current benefit year under section
268.07 .
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
3.5 Sec. 4. Minnesota Statutes 2012, section 268.125, subdivision 5, is amended to read:
3.6 Subd. 5. Maximum amount of unemployment benefits. (a) For an applicant
3.7who qualifies for additional unemployment benefits under subdivision 1, clause (2), the
3.8maximum amount of additional unemployment benefits available in the applicant's benefit
3.9year is one-half of the applicant's maximum amount of regular unemployment benefits
3.10available under section268.07, subdivision 2 . Extended unemployment benefits paid and
3.11unemployment benefits paid under any federal law other than regular unemployment
3.12benefits must be deducted from the maximum amount of additional unemployment
3.13benefits available.
3.14(b) For an applicant who qualifies for additional unemployment benefits under
3.15subdivision 1, clause (3), the applicant may receive additional unemployment benefits
3.16without limitation so long as the lockout is in active progress.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 5. Minnesota Statutes 2012, section 268.125, is amended by adding a subdivision
3.19to read:
3.20 Subd. 7. Maximum experience rated employers. If the employer is at the
3.21maximum experience rating under section 268.051, subdivision 3, any additional
3.22unemployment benefits paid under subdivision 1, clause (3), which do not affect the
3.23experience rating, must be charged to the employer as provided under section 268.184,
3.24subdivision 1, paragraph (d).
3.25EFFECTIVE DATE.This section is effective the day following final enactment.
3.26 Sec. 6. Minnesota Statutes 2012, section 268.184, subdivision 1, is amended to read:
3.27 Subdivision 1. Administrative penalties. (a) The commissioner must penalize
3.28an employer if that employer or any employee, officer, or agent of that employer, is
3.29in collusion with any applicant for the purpose of assisting the applicant to receive
3.30unemployment benefits fraudulently. The penalty is $500 or the amount of unemployment
3.31benefits determined to be overpaid, whichever is greater.
4.1 (b) The commissioner must penalize an employer if that employer or any employee,
4.2officer, or agent of that employer (1) made a false statement or representation knowing it
4.3to be false, (2) made a false statement or representation without a good faith belief as to
4.4correctness of the statement or representation, (3) knowingly failed to disclose a material
4.5fact, or (4) made an offer of employment to an applicant when, in fact, the employer had
4.6no employment available.
4.7The penalty is the greater of $500 or 50 percent of the following resulting from the
4.8employer's action:
4.9(i) the amount of any overpaid unemployment benefits to an applicant;
4.10(ii) the amount of unemployment benefits not paid to an applicant that would
4.11otherwise have been paid; or
4.12(iii) the amount of any payment required from the employer under this chapter or
4.13section116L.20 that was not paid.
4.14 (c) The commissioner must penalize an employer if that employer failed or refused
4.15to honor a subpoena issued under section268.105, subdivision 4 , or section
268.188 . The
4.16penalty is $500 and any costs of enforcing the subpoena, including attorney fees.
4.17(d) The cost of additional unemployment benefits paid to an applicant under
4.18section 268.125, subdivision 1, clause (3), that do not affect the employer's experience
4.19rating because the employer is at the maximum experience rating must be charged to the
4.20employer as a penalty. The penalty is 125 percent of the amount of unemployment benefits
4.21paid that do not affect the employer's experience rating.
4.22(d) (e) Penalties under this subdivision and under section
268.047, subdivision 4 ,
4.23paragraph (b), are in addition to any other penalties and subject to the same collection
4.24procedures that apply to past due taxes. Penalties must be paid within 30 calendar days of
4.25issuance of the determination of penalty and credited to the trust fund.
4.26(e) (f) The determination of penalty is final unless the employer files an appeal
4.27within 20 calendar days after the sending of the determination of penalty to the employer
4.28by mail or electronic transmission. Proceedings on the appeal are conducted in accordance
4.29with section268.105 .
4.30EFFECTIVE DATE.This section is effective the day following final enactment
4.31and payment of penalties imposed by the amendment in paragraph (d) must be credited to
4.32the trust fund beginning the day following final enactment.
1.3amending Minnesota Statutes 2012, sections 268.125, subdivisions 1, 3, 4, 5, by
1.4adding a subdivision; 268.184, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.125, subdivision 1, is amended to read:
1.7 Subdivision 1. Additional unemployment benefits; when available. Additional
1.8unemployment benefits are available if:
1.9 (1) MS 2008 [Expired, 2008 c 300 s 15]
1.10 (2)(i) at a facility that had 100 or more employees, the employer reduced operations,
1.11resulting within a one-month period in the layoff of 50 percent or more of the facility's
1.12work force, including reductions caused as a result of a major natural disaster declared by
1.13the president;
1.14 (ii) the employer has no expressed plan to resume operations that would lead to the
1.15reemployment of those employees in the immediate future; and
1.16 (iii) the seasonally adjusted unemployment rate in the county that the facility is
1.17located was ten percent or more during the month of the reduction or any of the three
1.18months before or after the month of the reduction; or
1.19 (3) the applicant stopped working because of a lockout. The term "lockout" has the
1.20meaning given in section 179.01, subdivision 9.
1.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.22 Sec. 2. Minnesota Statutes 2012, section 268.125, subdivision 3, is amended to read:
2.1 Subd. 3. Eligibility conditions. (a) An applicant is eligible to receive additional
2.2unemployment benefits for any week during the applicant's benefit year if:
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13subdivision 1, clause (2), or was laid off because of lack of work from that employer
2.14during the three-month period before, or the three-month period after, the month of the
2.15reduction under subdivision 1, clause (2);
2.16
2.17regular unemployment benefits under section
2.18
2.20and is not entitled to receive unemployment benefits under any other state or federal law
2.21for that week; and
2.22
2.23reduction in operations under subdivision 1, clause (2).
2.24(b) An applicant who stopped working because of a lockout is eligible to receive
2.25additional unemployment benefits for any week if:
2.26(1) the applicant meets the eligibility requirements under section 268.069;
2.27(2) the applicant has exhausted regular unemployment benefits under section 268.07
2.28or the law of another state;
2.29(3) the applicant is not eligible for extended unemployment benefits or
2.30unemployment benefits under any federal law; and
2.31(4) the lockout is in active progress.
2.32Section 268.085, subdivision 1, clause (2), does not apply to this paragraph.
2.33EFFECTIVE DATE.This section is effective the day following final enactment.
2.34 Sec. 3. Minnesota Statutes 2012, section 268.125, subdivision 4, is amended to read:
3.1 Subd. 4. Weekly unemployment benefit amount. An applicant's weekly additional
3.2unemployment benefit amount is the same as the applicant's weekly regular unemployment
3.3benefit amount
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
3.5 Sec. 4. Minnesota Statutes 2012, section 268.125, subdivision 5, is amended to read:
3.6 Subd. 5. Maximum amount of unemployment benefits. (a) For an applicant
3.7who qualifies for additional unemployment benefits under subdivision 1, clause (2), the
3.8maximum amount of additional unemployment benefits available in the applicant's benefit
3.9year is one-half of the applicant's maximum amount of regular unemployment benefits
3.10available under section
3.11unemployment benefits paid under any federal law other than regular unemployment
3.12benefits must be deducted from the maximum amount of additional unemployment
3.13benefits available.
3.14(b) For an applicant who qualifies for additional unemployment benefits under
3.15subdivision 1, clause (3), the applicant may receive additional unemployment benefits
3.16without limitation so long as the lockout is in active progress.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 5. Minnesota Statutes 2012, section 268.125, is amended by adding a subdivision
3.19to read:
3.20 Subd. 7. Maximum experience rated employers. If the employer is at the
3.21maximum experience rating under section 268.051, subdivision 3, any additional
3.22unemployment benefits paid under subdivision 1, clause (3), which do not affect the
3.23experience rating, must be charged to the employer as provided under section 268.184,
3.24subdivision 1, paragraph (d).
3.25EFFECTIVE DATE.This section is effective the day following final enactment.
3.26 Sec. 6. Minnesota Statutes 2012, section 268.184, subdivision 1, is amended to read:
3.27 Subdivision 1. Administrative penalties. (a) The commissioner must penalize
3.28an employer if that employer or any employee, officer, or agent of that employer, is
3.29in collusion with any applicant for the purpose of assisting the applicant to receive
3.30unemployment benefits fraudulently. The penalty is $500 or the amount of unemployment
3.31benefits determined to be overpaid, whichever is greater.
4.1 (b) The commissioner must penalize an employer if that employer or any employee,
4.2officer, or agent of that employer (1) made a false statement or representation knowing it
4.3to be false, (2) made a false statement or representation without a good faith belief as to
4.4correctness of the statement or representation, (3) knowingly failed to disclose a material
4.5fact, or (4) made an offer of employment to an applicant when, in fact, the employer had
4.6no employment available.
4.7The penalty is the greater of $500 or 50 percent of the following resulting from the
4.8employer's action:
4.9(i) the amount of any overpaid unemployment benefits to an applicant;
4.10(ii) the amount of unemployment benefits not paid to an applicant that would
4.11otherwise have been paid; or
4.12(iii) the amount of any payment required from the employer under this chapter or
4.13section
4.14 (c) The commissioner must penalize an employer if that employer failed or refused
4.15to honor a subpoena issued under section
4.16penalty is $500 and any costs of enforcing the subpoena, including attorney fees.
4.17(d) The cost of additional unemployment benefits paid to an applicant under
4.18section 268.125, subdivision 1, clause (3), that do not affect the employer's experience
4.19rating because the employer is at the maximum experience rating must be charged to the
4.20employer as a penalty. The penalty is 125 percent of the amount of unemployment benefits
4.21paid that do not affect the employer's experience rating.
4.22
4.23paragraph (b), are in addition to any other penalties and subject to the same collection
4.24procedures that apply to past due taxes. Penalties must be paid within 30 calendar days of
4.25issuance of the determination of penalty and credited to the trust fund.
4.26
4.27within 20 calendar days after the sending of the determination of penalty to the employer
4.28by mail or electronic transmission. Proceedings on the appeal are conducted in accordance
4.29with section
4.30EFFECTIVE DATE.This section is effective the day following final enactment
4.31and payment of penalties imposed by the amendment in paragraph (d) must be credited to
4.32the trust fund beginning the day following final enactment.
