Bill Text: MN SF6 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Unemployment benefits part-time employers exceptions modification
Sponsorship: Bipartisan Bill
Status: (Enrolled - Dead) 2011-07-20 - Secretary of State, Filed [SF6 Detail]
Download: Minnesota-2011-SF6-Introduced.html
1.2relating to unemployment insurance; modifying exceptions for part-time
1.3employers; amending Minnesota Statutes 2010, section 268.047, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 268.047, subdivision 2, is amended to read:
1.6 Subd. 2. Exceptions for all employers. Unemployment benefits paid will not be
1.7used in computing the future tax rate of a taxpaying base period employer or charged to
1.8the reimbursable account of a base period nonprofit or government employer that has
1.9elected to be liable for reimbursements when:
1.10 (1) the applicant was discharged from the employment because of aggravated
1.11employment misconduct as determined under section268.095 . This exception applies
1.12only to unemployment benefits paid for periods after the applicant's discharge from
1.13employment;
1.14 (2) an applicant's discharge from that employment occurred because a law required
1.15removal of the applicant from the position the applicant held;
1.16 (3) the employer providedregularly scheduled part-time employment to the
1.17applicant during the applicant's base period and continues to provide the applicant with
1.18regularly scheduled part-time employment during the benefit year of at least 90 percent
1.19of the part-time employment provided in the base period, and is an involved employer
1.20because of the applicant's loss of other employment. This exception terminates effective
1.21the first week that the employer fails to meet the benefit year employment requirements.
1.22This exception applies to educational institutions without consideration of the period
1.23between academic years or terms;
2.1 (4) the employer is a fire department or firefighting corporation or operator of
2.2a life-support transportation service, and continues to provide employment for the
2.3applicant as a volunteer firefighter or a volunteer ambulance service personnel during the
2.4benefit year on the same basis that employment was provided in the base period. This
2.5exception terminates effective the first week that the employer fails to meet the benefit
2.6year employment requirements;
2.7 (5) the applicant's unemployment from this employer was a direct result of the
2.8condemnation of property by a governmental agency, a fire, flood, or act of nature,
2.9where 25 percent or more of the employees employed at the affected location, including
2.10the applicant, became unemployed as a result. This exception does not apply where the
2.11unemployment was a direct result of the intentional act of the employer or a person acting
2.12on behalf of the employer;
2.13 (6) the unemployment benefits were paid by another state as a result of the
2.14transferring of wage credits under a combined wage arrangement provided for in section
2.15268.131
;
2.16 (7) the applicant stopped working because of a labor dispute at the applicant's
2.17primary place of employment if the employer was not a party to the labor dispute;
2.18 (8) the unemployment benefits were determined overpaid unemployment benefits
2.19under section268.18 ;
2.20 (9) the applicant was employed as a replacement worker, for a period of six months
2.21or longer, for an employee who is in the military reserve and was called for active duty
2.22during the time the applicant worked as a replacement, and the applicant was laid off
2.23because the employee returned to employment after active duty; or
2.24 (10) the trust fund was reimbursed for the unemployment benefits by the federal
2.25government.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
1.3employers; amending Minnesota Statutes 2010, section 268.047, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 268.047, subdivision 2, is amended to read:
1.6 Subd. 2. Exceptions for all employers. Unemployment benefits paid will not be
1.7used in computing the future tax rate of a taxpaying base period employer or charged to
1.8the reimbursable account of a base period nonprofit or government employer that has
1.9elected to be liable for reimbursements when:
1.10 (1) the applicant was discharged from the employment because of aggravated
1.11employment misconduct as determined under section
1.12only to unemployment benefits paid for periods after the applicant's discharge from
1.13employment;
1.14 (2) an applicant's discharge from that employment occurred because a law required
1.15removal of the applicant from the position the applicant held;
1.16 (3) the employer provided
1.17applicant during the applicant's base period and continues to provide the applicant with
1.18
1.19of the part-time employment provided in the base period, and is an involved employer
1.20because of the applicant's loss of other employment. This exception terminates effective
1.21the first week that the employer fails to meet the benefit year employment requirements.
1.22This exception applies to educational institutions without consideration of the period
1.23between academic years or terms;
2.1 (4) the employer is a fire department or firefighting corporation or operator of
2.2a life-support transportation service, and continues to provide employment for the
2.3applicant as a volunteer firefighter or a volunteer ambulance service personnel during the
2.4benefit year on the same basis that employment was provided in the base period. This
2.5exception terminates effective the first week that the employer fails to meet the benefit
2.6year employment requirements;
2.7 (5) the applicant's unemployment from this employer was a direct result of the
2.8condemnation of property by a governmental agency, a fire, flood, or act of nature,
2.9where 25 percent or more of the employees employed at the affected location, including
2.10the applicant, became unemployed as a result. This exception does not apply where the
2.11unemployment was a direct result of the intentional act of the employer or a person acting
2.12on behalf of the employer;
2.13 (6) the unemployment benefits were paid by another state as a result of the
2.14transferring of wage credits under a combined wage arrangement provided for in section
2.16 (7) the applicant stopped working because of a labor dispute at the applicant's
2.17primary place of employment if the employer was not a party to the labor dispute;
2.18 (8) the unemployment benefits were determined overpaid unemployment benefits
2.19under section
2.20 (9) the applicant was employed as a replacement worker, for a period of six months
2.21or longer, for an employee who is in the military reserve and was called for active duty
2.22during the time the applicant worked as a replacement, and the applicant was laid off
2.23because the employee returned to employment after active duty; or
2.24 (10) the trust fund was reimbursed for the unemployment benefits by the federal
2.25government.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
