Bill Text: OH HB305 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To prohibit disqualifying an individual from receiving unemployment compensation benefits solely because that individual is seeking only part-time employment, to allow an individual to receive training extension benefits under specified conditions, to create the Unemployment Modernization Review Committee, and to make an appropriation.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2011-08-03 - To Commerce and Labor [HB305 Detail]

Download: Ohio-2011-HB305-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 305

Representative Murray 

Cosponsors: Representatives Foley, Antonio, Hagan, R., Fedor, Williams, O'Brien, Letson, Ashford, Yuko, Boyd, Ramos 

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A BILL

To amend sections 4141.241, 4141.25, and 4141.29 and

1

to enact section 4141.302 of the Revised Code to

2

prohibit disqualifying an individual from

3

receiving unemployment compensation benefits

4

solely because that individual is seeking only

5

part-time employment, to allow an individual to

6

receive training extension benefits under

7

specified conditions, to create the Unemployment

8

Modernization Review Committee, and to make an

9

appropriation.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4141.241, 4141.25, and 4141.29 be	11
amended and section 4141.302 of the Revised Code be enacted to	12
read as follows:	13

Sec. 4141.241.  (A)(1) Any nonprofit organization described	14
in division (X) of section 4141.01 of the Revised Code, which	15
becomes subject to this chapter on or after January 1, 1972, shall	16
pay contributions under section 4141.25 of the Revised Code,	17
unless it elects, in accordance with this division, to pay to the	18
director of job and family services for deposit in the	19
unemployment compensation fund an amount in lieu of contributions	20
equal to the amount of regular benefits plus one half of extended	21
benefits paid from that fund that is attributable to service in	22
the employ of the nonprofit organization to individuals whose	23
service, during the base period of the claims, was within the	24
effective period of such election.	25

(2) Any nonprofit organization which becomes subject to this	26
chapter after January 1, 1972, may elect to become liable for	27
payments in lieu of contributions for a period of not less than	28
the remainder of that calendar year and the next calendar year,	29
beginning with the date on which such subjectivity begins, by	30
filing a written notice of its election with the director not	31
later than thirty days immediately following the date of the	32
determination of such subjectivity.	33

(3) Any nonprofit organization which makes an election in	34
accordance with this division will continue to be liable for	35
payments in lieu of contributions for the period described in this	36
division and until it files with the director a written notice	37
terminating its election. The notice shall be filed not later than	38
thirty days prior to the beginning of the calendar year for which	39
the termination is to become effective.	40

(4) Any nonprofit organization which has been paying	41
contributions for a period subsequent to January 1, 1972, may	42
change to a reimbursable basis by filing with the director, not	43
later than thirty days prior to the beginning of any calendar	44
year, a written notice of election to become liable for payments	45
in lieu of contributions. The election shall not be terminable by	46
the organization during that calendar year and the next calendar	47
year.	48

(5) The director, in accordance with any rules the director	49
prescribes, shall notify each nonprofit organization of any	50
determination which the director may make of its status as an	51
employer and of the effective date of any election which it makes	52
and of any termination of the election. Any determinations shall	53
be subject to reconsideration, appeal, and review in accordance	54
with section 4141.26 of the Revised Code.	55

(B) Except as provided in division (I)(J) of section 4141.29	56
of the Revised Code, benefits based on service with a nonprofit	57
organization granted a reimbursing status under this section shall	58
be payable in the same amount, on the same terms, and subject to	59
the same conditions, as benefits payable on the basis of other	60
service subject to this chapter. Payments in lieu of contributions	61
shall be made in accordance with this division and division (D) of	62
section 4141.24 of the Revised Code.	63

(1)(a) At the end of each calendar quarter, or at the end of	64
any other period as determined by the director under division	65
(D)(4) of section 4141.24 of the Revised Code, the director shall	66
bill each nonprofit organization or group of such organizations	67
which has elected to make payments in lieu of contributions for an	68
amount equal to the full amount of regular benefits plus one half	69
of the amount of extended benefits paid during such quarter or	70
other prescribed period which is attributable to service in the	71
employ of such organization.	72

(b) In the computation of the amount of benefits to be	73
charged to employers liable for payments in lieu of contributions,	74
all benefits attributable to service described in division	75
(B)(1)(a) of this section shall be computed and charged to such	76
organization as described in division (D) of section 4141.24 of	77
the Revised Code, and, except as provided in division (D)(2) of	78
section 4141.24 of the Revised Code, no portion of the amount may	79
be charged to the mutualized account established by division (B)	80
of section 4141.25 of the Revised Code.	81

(c) The director may prescribe regulations under which	82
organizations, which have elected to make payments in lieu of	83
contributions may request permission to make such payments in	84
equal installments throughout the year with an adjustment at the	85
end of the year for any excess or shortage of the amount of such	86
installment payments compared with the total amount of benefits	87
actually charged the organization's account during the year. In	88
making any adjustment, where the total installment payments are	89
less than the actual benefits charged, the organization shall be	90
liable for payment of the unpaid balance in accordance with	91
division (B)(2) of this section. If the total installment payments	92
exceed the actual benefits charged, all or part of the excess may,	93
at the discretion of the director, be refunded or retained in the	94
fund as part of the payments which may be required in the next	95
year.	96

(2) Payment of any bill rendered under division (B)(1) of	97
this section shall be made not later than thirty days after the	98
bill was mailed to the last known address of the organization or	99
was otherwise delivered to it, unless there has been an	100
application for review and redetermination in accordance with	101
division (B)(4) of this section.	102

(3) Payments made by an organization under this section shall	103
not be deducted or deductible, in whole or in part, from the	104
remuneration of individuals in the employ of the organization.	105

(4) An organization may file an application for review and	106
redetermination of the amounts appearing on any bill rendered to	107
such organization under division (B)(1) of this section. The	108
application shall be filed and determined under division (D)(4) of	109
section 4141.24 of the Revised Code.	110

(5) Past-due payments of amounts in lieu of contributions	111
shall be subject to the same interest rates and collection	112
procedures that apply to past-due contributions under sections	113
4141.23 and 414.27 of the Revised Code. In case of failure to file	114
a required quarterly report within the time prescribed by the	115
director, the nonprofit organization shall be subject to a	116
forfeiture pursuant to section 4141.20 of the Revised Code for	117
each quarterly report that is not timely filed.	118

All interest and forfeitures collected under this division	119
shall be paid into the unemployment compensation special	120
administrative fund as provided in section 4141.11 of the Revised	121
Code.	122

(6) All payments in lieu of contributions collected under	123
this section shall be paid into the unemployment compensation fund	124
as provided in section 4141.09 of the Revised Code. Any refunds of	125
such payments shall be paid from the unemployment compensation	126
fund, as provided in section 4141.09 of the Revised Code.	127

(C)(1) Any nonprofit organization, or group of such	128
organizations approved under division (D) of this section, that	129
elects to become liable for payments in lieu of contributions	130
shall be required within thirty days after the effective date of	131
its election, to execute and file with the director a surety bond	132
approved by the director or it may elect instead to deposit with	133
the director approved municipal or other bonds, or approved	134
securities, or a combination thereof, or other forms of collateral	135
security approved by the director.	136

(2)(a) The amount of the bond or deposit required shall be	137
equal to three per cent of the organization's wages paid for	138
employment as defined in section 4141.01 of the Revised Code that	139
would have been taxable had the organization been a subject	140
employer during the four calendar quarters immediately preceding	141
the effective date of the election, or the amount established by	142
the director within the limitation provided in division (C)(2)(d)	143
of this section, whichever is the less. The effective date of the	144
amount of the bond or other collateral security required after the	145
employer initially is determined by the director to be liable for	146
payments in lieu of contributions shall be the renewal date in the	147
case of a bond or the biennial anniversary of the effective date	148
of election in the case of deposit of securities or other forms of	149
collateral security approved by the director, whichever date shall	150
be most recent and applicable. If the nonprofit organization did	151
not pay wages in each of such four calendar quarters, the amount	152
of the bond or deposit shall be as determined by the director	153
under regulations prescribed for this purpose.	154

(b) Any bond or other form of collateral security approved by	155
the director deposited under this division shall be in force for a	156
period of not less than two calendar years and shall be renewed	157
with the approval of the director, at such times as the director	158
may prescribe, but not less frequently than at two-year intervals	159
as long as the organization continues to be liable for payments in	160
lieu of contributions. The director shall require adjustments to	161
be made in a previously filed bond or other form of collateral	162
security as the director considers appropriate. If the bond or	163
other form of collateral security is to be increased, the adjusted	164
bond or collateral security shall be filed by the organization	165
within thirty days of the date that notice of the required	166
adjustment was mailed or otherwise delivered to it. Failure by any	167
organization covered by such bond or collateral security to pay	168
the full amount of payments in lieu of contributions when due,	169
together with any applicable interest provided for in division	170
(B)(5) of this section, shall render the surety liable on the bond	171
or collateral security to the extent of the bond or collateral	172
security, as though the surety was the organization.	173

(c) Any securities accepted in lieu of surety bond by the	174
director shall be deposited with the treasurer of state who shall	175
have custody thereof and retain the same in the treasurer of	176
state's possession, or release them, according to conditions	177
prescribed by regulations of the director. Income from the	178
securities, held in custody by the treasurer of state, shall	179
accrue to the benefit of the depositor and shall be distributed to	180
the depositor in the absence of any notification from the director	181
that the depositor is in default on any payment owed to the	182
director. The director may require the sale of any such bonds to	183
the extent necessary to satisfy any unpaid payments in lieu of	184
contributions, together with any applicable interest or	185
forfeitures provided for in division (B)(5) of this section. The	186
director shall require the employer within thirty days following	187
any sale of deposited securities, under this subdivision, to	188
deposit additional securities, surety bond, or combination of	189
both, to make whole the employer's security deposit at the	190
approved level. Any cash remaining from the sale of such	191
securities may, at the discretion of the director, be refunded in	192
whole or in part, or be paid into the unemployment compensation	193
fund to cover future payments required of the organization.	194

(d) The required bond or deposit for any nonprofit	195
organization, or group of such organizations approved by the	196
director under division (D) of this section, that is determined by	197
the director to be liable for payments in lieu of contributions	198
effective beginning on and after January 1, 1996, but prior to	199
January 1, 1998, and the required bond or deposit for any renewed	200
elections under division (C)(2)(b) of this section effective	201
during that period shall not exceed one million two hundred fifty	202
thousand dollars. The required bond or deposit for any nonprofit	203
organization, or group of such organizations approved by the	204
director under division (D) of this section, that is determined to	205
be liable for payments in lieu of contributions effective on and	206
after January 1, 1998, and the required bond or deposit for any	207
renewed elections effective on and after January 1, 1998, shall	208
not exceed two million dollars.	209

(3) If any nonprofit organization fails to file a bond or	210
make a deposit, or to file a bond in an increased amount or to	211
make whole the amount of a previously made deposit, as provided	212
under this division, the director may terminate the organization's	213
election to make payments in lieu of contributions effective for	214
the quarter following such failure and the termination shall	215
continue for not less than the remainder of that calendar year and	216
the next calendar year, beginning with the quarter in which the	217
termination becomes effective; except that the director may extend	218
for good cause the applicable filing, deposit, or adjustment	219
period by not more than thirty days.	220

(D)(1) Two or more nonprofit organizations that have become	221
liable for payments in lieu of contributions, in accordance with	222
division (A) of this section, may file a joint application to the	223
director for the establishment of the group account for the	224
purpose of sharing the cost of benefits paid that are attributable	225
to service in the employ of those employers. Notwithstanding	226
division (E) of section 4141.242 of the Revised Code, hospitals	227
operated by this state or a political subdivision may participate	228
in a group account with nonprofit organizations under the	229
procedures set forth in this section. Each application shall	230
identify and authorize a group representative to act as the	231
group's agent for the purposes of this division.	232

(2) Upon the director's approval of the application, the	233
director shall establish a group account for the employers	234
effective as of the beginning of the calendar quarter in which the	235
director receives the application and shall notify the group's	236
representative of the effective date of the account. The account	237
shall remain in effect for not less than two years and thereafter	238
until terminated by the director or upon application by the group.	239

(3) Upon establishment of the account, each member of the	240
group shall be liable, in the event that the group representative	241
fails to pay any bill issued to it pursuant to division (B) of	242
this section, for payments in lieu of contributions with respect	243
to each calendar quarter in the amount that bears the same ratio	244
to the total benefits paid in the quarter that are attributable to	245
service performed in the employ of all members of the group as the	246
total wages paid for service in employment by the member in the	247
quarter bear to the total wages paid during the quarter for	248
service performed in the employ of all members of the group.	249

(4) The director shall adopt regulations as considered	250
necessary with respect to the following: applications for	251
establishment, bonding, maintenance, and termination of group	252
accounts that are authorized by this section; addition of new	253
members to and withdrawal of active members from such accounts;	254
and the determination of the amounts that are payable under this	255
division by the group representative and in the event of default	256
in payment by the group representative, members of the group, and	257
the time and manner of payments.	258

Sec. 4141.25.  (A) The director of job and family services	259
shall determine as of each computation date the contribution rate	260
of each contributing employer subject to this chapter for the next	261
succeeding contribution period. The director shall determine a	262
standard rate of contribution or an experience rate for each	263
contributing employer. Once a rate of contribution has been	264
established under this section for a contribution period, except	265
as provided in division (D) of section 4141.26 of the Revised	266
Code, that rate shall remain effective throughout such	267
contribution period. The rate of contribution shall be determined	268
in accordance with the following requirements:	269

(1) An employer whose experience does not meet the terms of	270
division (A)(2) of this section shall be assigned a standard rate	271
of contribution. Effective for contribution periods beginning on	272
and after January 1, 1998, an employer's standard rate of	273
contribution shall be a rate of two and seven-tenths per cent,	274
except that the rate for employers engaged in the construction	275
industry shall be the average contribution rate computed for the	276
construction industry or a rate of two and seven-tenths per cent,	277
whichever is greater. The standard rate set forth in this division	278
shall be applicable to a nonprofit organization whose election to	279
make payments in lieu of contributions is voluntarily terminated	280
or canceled by the director under section 4141.241 of the Revised	281
Code, and thereafter pays contributions as required by this	282
section. If such nonprofit organization had been a contributory	283
employer prior to its election to make payments in lieu of	284
contributions, then any prior balance in the contributory account	285
shall become part of the reactivated account.	286

As used in division (A) of this section, "the average	287
contribution rate computed for the construction industry" means	288
the most recent annual average rate attributable to the	289
construction industry as prescribed by the director.	290

(2) A contributing employer subject to this chapter shall	291
qualify for an experience rate only if there have been four	292
consecutive quarters, ending on the thirtieth day of June	293
immediately prior to the computation date, throughout which the	294
employer's account was chargeable with benefits. Upon meeting the	295
qualifying requirements provided in division (A)(2) of this	296
section, the director shall calculate the total credits to each	297
employer's account consisting of the contributions other than	298
mutualized contributions including all contributions paid prior to	299
the computation date for all past periods plus:	300

(a) The contributions owing on the computation date that are	301
paid within thirty days after the computation date, and credited	302
to the employer's account;	303

(b) All voluntary contributions paid by an employer pursuant	304
to division (B) of section 4141.24 of the Revised Code.	305

(3) The director also shall determine the benefits which are	306
chargeable to each employer's account and which were paid prior to	307
the computation date with respect to weeks of unemployment ending	308
prior to the computation date. The director then shall determine	309
the positive or negative balance of each employer's account by	310
calculating the excess of such contributions and interest over the	311
benefits chargeable, or the excess of such benefits over such	312
contributions and interest. Any resulting negative balance then	313
shall be subject to adjustment as provided in division (A)(2) of	314
section 4141.24 of the Revised Code after which the positive or	315
negative balance shall be expressed in terms of a percentage of	316
the employer's average annual payroll. If the total standing to	317
the credit of an employer's account exceeds the total charges, as	318
provided in this division, the employer has a positive balance and	319
if such charges exceed such credits the employer has a negative	320
balance. Each employer's contribution rate shall then be	321
determined in accordance with the following schedule:	322

Contribution Rate Schedule	323

If, as of the computation date			The employer's		324
the contribution rate balance of			contribution rate for		325
an employer's account as a			the next succeeding		326
percentage of the employer's			contribution period		327
average annual payroll is			shall be		328
(a)	A negative balance of:				329
	20.0% or more		6.5%		330
	19.0% but less than 20.0%		6.4%		331
	17.0% but less than 19.0%		6.3%		332
	15.0% but less than 17.0%		6.2%		333
	13.0% but less than 15.0%		6.1%		334
	11.0% but less than 13.0%		6.0%		335
	9.0% but less than 11.0%		5.9%		336
	5.0% but less than 9.0%		5.7%		337
	4.0% but less than 5.0%		5.5%		338
	3.0% but less than 4.0%		5.3%		339
	2.0% but less than 3.0%		5.1%		340
	1.0% but less than 2.0%		4.9%		341
	more than 0.0% but less than 1.0%		4.8%		342
(b)	A 0.0% or a positive				343
	balance of less than 1.0%		4.7%		344
(c)	A positive balance of:				345
	1.0% or more, but less than 1.5%		4.6%		346
	1.5% or more, but less than 2.0%		4.5%		347
	2.0% or more, but less than 2.5%		4.3%		348
	2.5% or more, but less than 3.0%		4.0%		349
	3.0% or more, but less than 3.5%		3.8%		350
	3.5% or more, but less than 4.0%		3.5%		351
	4.0% or more, but less than 4.5%		3.3%		352
	4.5% or more, but less than 5.0%		3.0%		353
	5.0% or more, but less than 5.5%		2.8%		354
	5.5% or more, but less than 6.0%		2.5%		355
	6.0% or more, but less than 6.5%		2.2%		356
	6.5% or more, but less than 7.0%		2.0%		357
	7.0% or more, but less than 7.5%		1.8%		358
	7.5% or more, but less than 8.0%		1.6%		359
	8.0% or more, but less than 8.5%		1.4%		360
	8.5% or more, but less than 9.0%		1.3%		361
	9.0% or more, but less than 9.5%		1.1%		362
	9.5% or more, but less than 10.0%		1.0%		363
	10.0% or more, but less than 10.5%		.9%		364
	10.5% or more, but less than 11.0%		.7%		365
	11.0% or more, but less than 11.5%		.6%		366
	11.5% or more, but less than 12.0%		.5%		367
	12.0% or more, but less than 12.5%		.4%		368
	12.5% or more, but less than 13.0%		.3%		369
	13.0% or more, but less than 14.0%		.2%		370
	14.0% or more		.1%		371

(d) The contribution rates shall be as specified in divisions	372
(a), (b), and (c) of the contribution rate schedule except that	373
notwithstanding the amendments made to division (a) of the	374
contribution rate schedule in this section, if, as of the	375
computation date: for 1991, the negative balance is 5.0% or more,	376
the contribution rate shall be 5.7%; for 1992, if the negative	377
balance is 11.0% or more, the contribution rate shall be 6.0%; and	378
for 1993, if the negative balance is 17.0% or more, the	379
contribution rate shall be 6.3%. Thereafter, the contribution	380
rates shall be as specified in the contribution rate schedule.	381

(B)(1) The director shall establish and maintain a separate	382
account to be known as the "mutualized account." As of each	383
computation date there shall be charged to this account:	384

(a) As provided in division (A)(2) of section 4141.24 of the	385
Revised Code, an amount equal to the sum of that portion of the	386
negative balances of employer accounts which exceeds the	387
applicable limitations as such balances are computed under	388
division (A) of this section as of such date;	389

(b) An amount equal to the sum of the negative balances	390
remaining in employer accounts which have been closed during the	391
year immediately preceding such computation date pursuant to	392
division (E) of section 4141.24 of the Revised Code;	393

(c) An amount equal to the sum of all benefits improperly	394
paid preceding such computation date which are not recovered but	395
which are not charged to an employer's account, or which after	396
being charged, are credited back to an employer's account;	397

(d) An amount equal to the sum of any other benefits paid	398
preceding such computation date which, under this chapter, are not	399
chargeable to an employer's account;	400

(e) An amount equal to the sum of any refunds made during the	401
year immediately preceding such computation date of erroneously	402
collected mutualized contributions required by this division which	403
were previously credited to this account;	404

(f) An amount equal to the sum of any repayments made to the	405
federal government during the year immediately preceding such	406
computation date of amounts which may have been advanced by it to	407
the unemployment compensation fund under section 1201 of the	408
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;	409

(g) Any amounts appropriated by the general assembly out of	410
funds paid by the federal government, under section 903 of the	411
"Social Security Act," to the account of this state in the federal	412
unemployment trust fund.	413

(2) As of every computation date there shall be credited to	414
the mutualized account provided for in this division:	415

(a) The proceeds of the mutualized contributions as provided	416
in this division;	417

(b) Any positive balances remaining in employer accounts	418
which are closed as provided in division (E) of section 4141.24 of	419
the Revised Code;	420

(c) Any benefits improperly paid which are recovered but	421
which cannot be credited to an employer's account;	422

(d) AllExcept for payments received pursuant to section 2003	423
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	424
No. 111-5, 123 Stat. 115, as amended, for unemployment	425
compensation modernization, all amounts whichthat may be paid by	426
the federal government under section 903 of the "Social Security	427
Act" to the account of this state in the federal unemployment	428
trust fund;	429

(e) Amounts advanced by the federal government to the account	430
of this state in the federal unemployment trust fund under section	431
1201 of the "Social Security Act" to the extent such advances have	432
been repaid to or recovered by the federal government;	433

(f) Interest credited to the Ohio unemployment trust fund as	434
deposited with the secretary of the treasury of the United States.	435

(3) Annually, as of the computation date, the director shall	436
determine the total credits and charges made to the mutualized	437
account during the preceding twelve months and the overall	438
condition of the account. The director shall issue an annual	439
statement containing this information and such other information	440
as the director deems pertinent, including a report that the sum	441
of the balances in the mutualized account, employers' accounts,	442
and any subsidiary accounts equal the balance in the state's	443
unemployment trust fund maintained under section 904 of the	444
"Social Security Act."	445

(4) As used in this division:

446

(a) "Fund as of the computation date" means as of any	447
computation date, the aggregate amount of the unemployment	448
compensation fund, including all contributions owing on the	449
computation date that are paid within thirty days thereafter, all	450
payments in lieu of contributions that are paid within sixty days	451
after the computation date, all reimbursements of the federal	452
share of extended benefits described in section 4141.301 of the	453
Revised Code that are owing on the computation date, and all	454
interest earned by the fund and received on or before the	455
computation date from the federal government.	456

(b) "Minimum safe level" means an amount equal to two	457
standard deviations above the average of the adjusted annual	458
average unemployment compensation benefit payment from 1970 to the	459
most recent calendar year prior to the computation date, as	460
determined by the director pursuant to division (B)(4)(b) of this	461
section. To determine the adjusted annual payment of unemployment	462
compensation benefits, the director first shall multiply the	463
number of weeks compensated during each calendar year beginning	464
with 1970 by the most recent annual average weekly unemployment	465
compensation benefit payment and then compute the average and	466
standard deviation of the resultant products.	467

(c) "Annual average weekly unemployment compensation benefit	468
payment" means the amount resulting from dividing the unemployment	469
compensation benefits paid from the benefit account maintained	470
within the unemployment compensation fund pursuant to section	471
4141.09 of the Revised Code, by the number of weeks compensated	472
during the same time period.	473

(5) If, as of any computation date, the charges to the	474
mutualized account during the entire period subsequent to the	475
computation date, July 1, 1966, made in accordance with division	476
(B)(1) of this section, exceed the credits to such account	477
including mutualized contributions during such period, made in	478
accordance with division (B)(2) of this section, the amount of	479
such excess charges shall be recovered during the next	480
contribution period. To recover such amount, the director shall	481
compute the percentage ratio of such excess charges to the average	482
annual payroll of all employers eligible for an experience rate	483
under division (A) of this section. The percentage so determined	484
shall be computed to the nearest tenth of one per cent and shall	485
be an additional contribution rate to be applied to the wages paid	486
by each employer whose rate is computed under the provisions of	487
division (A) of this section in the contribution period next	488
following such computation date, but such percentage shall not	489
exceed five-tenths of one per cent; however, when there are any	490
excess charges in the mutualized account, as computed in this	491
division, then the mutualized contribution rate shall not be less	492
than one-tenth of one per cent.	493

(6) If the fund as of the computation date is above or below	494
minimum safe level, the contribution rates provided for in each	495
classification in division (A)(3) of this section for the next	496
contribution period shall be adjusted as follows:	497

(a) If the fund is thirty per cent or more above minimum safe	498
level, the contribution rates provided in division (A)(3) of this	499
section shall be decreased two-tenths of one per cent.	500

(b) If the fund is more than fifteen per cent but less than	501
thirty per cent above minimum safe level, the contribution rates	502
provided in division (A)(3) of this section shall be decreased	503
one-tenth of one per cent.	504

(c) If the fund is more than fifteen per cent but less than	505
thirty per cent below minimum safe level, the contribution rates	506
of all employers shall be increased twenty-five one-thousandths of	507
one per cent plus a per cent increase calculated and rounded	508
pursuant to division (B)(6)(g) of this section.	509

(d) If the fund is more than thirty per cent but less than	510
forty-five per cent below minimum safe level, the contribution	511
rates of all employers shall be increased seventy-five	512
one-thousandths of one per cent plus a per cent increase	513
calculated and rounded pursuant to division (B)(6)(g) of this	514
section.	515

(e) If the fund is more than forty-five per cent but less	516
than sixty per cent below minimum safe level, the contribution	517
rates of all employers shall be increased one-eighth of one per	518
cent plus a per cent increase calculated and rounded pursuant to	519
division (B)(6)(g) of this section.	520

(f) If the fund is sixty per cent or more below minimum safe	521
level, the contribution rates of all employers shall be increased	522
two-tenths of one per cent plus a per cent increase calculated and	523
rounded pursuant to division (B)(6)(g) of this section.	524

(g) The additional per cent increase in contribution rates	525
required by divisions (B)(6)(c), (d), (e), and (f) of this section	526
that is payable by each individual employer shall be calculated in	527
the following manner. The flat rate increase required by a	528
particular division shall be multiplied by three and the product	529
divided by the average experienced-rated contribution rate for all	530
employers as determined by the director for the most recent	531
calendar year. The resulting quotient shall be multiplied by an	532
individual employer's contribution rate determined pursuant to	533
division (A)(3) of this section. The resulting product shall be	534
rounded to the nearest tenth of one per cent, added to the flat	535
rate increase required by division (B)(6)(c), (d), (e), or (f) of	536
this section, as appropriate, and the total shall be rounded to	537
the nearest tenth of one per cent. As used in division (B)(6)(g)	538
of this section, the "average experienced-rated contribution rate"	539
means the most recent annual average contribution rate reported by	540
the director contained in report RS 203.2 less the mutualized and	541
minimum safe level contribution rates included in such rate.	542

(h) If any of the increased contribution rates of division	543
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate	544
shall remain in effect for the calendar year in which it is	545
imposed and for each calendar year thereafter until the director	546
determines as of the computation date for calendar year 1991 and	547
as of the computation date for any calendar year thereafter	548
pursuant to this section, that the level of the unemployment	549
compensation fund equals or exceeds the minimum safe level as	550
defined in division (B)(4)(b) of this section. Nothing in division	551
(B)(6)(h) of this section shall be construed as restricting the	552
imposition of the increased contribution rates provided in	553
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund	554
falls below the percentage of the minimum safe level as specified	555
in those divisions.	556

(7) The additional contributions required by division (B)(5)	557
of this section shall be credited to the mutualized account. The	558
additional contributions required by division (B)(6) of this	559
section shall be credited fifty per cent to individual employer	560
accounts and fifty per cent to the mutualized account.	561

(C) If an employer makes a payment of contributions which is	562
less than the full amount required by this section and sections	563
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and	564
4141.27 of the Revised Code, such partial payment shall be applied	565
first against the mutualized contributions required under this	566
chapter. Any remaining partial payment shall be credited to the	567
employer's individual account.	568

(D) Whenever there are any increases in contributions	569
resulting from an increase in wages subject to contributions as	570
defined in division (G) of section 4141.01 of the Revised Code, or	571
from an increase in the mutualized rate of contributions provided	572
in division (B) of this section, or from a revision of the	573
contribution rate schedule provided in division (A) of this	574
section, except for that portion of the increase attributable to a	575
change in the positive or negative balance in an employer's	576
account, which increases become effective after a contract for the	577
construction of real property, as defined in section 5701.02 of	578
the Revised Code, has been entered into, the contractee upon	579
written notice by a prime contractor shall reimburse the	580
contractor for all increased contributions paid by the prime	581
contractor or by subcontractors upon wages for services performed	582
under the contract. Upon reimbursement by the contractee to the	583
prime contractor, the prime contractor shall reimburse each	584
subcontractor for the increased contributions.	585

(E) Effective only for the contribution period beginning on	586
January 1, 1996, and ending on December 31, 1996, mutualized	587
contributions collected or received by the director pursuant to	588
division (B)(5) of this section and amounts credited to the	589
mutualized account pursuant to division (B)(7) of this section	590
shall be deposited into or credited to the unemployment	591
compensation benefit reserve fund that is created under division	592
(F) of this section, except that amounts collected, received, or	593
credited in excess of two hundred million dollars shall be	594
deposited into or credited to the unemployment trust fund	595
established pursuant to section 4141.09 of the Revised Code.	596

(F) The state unemployment compensation benefit reserve fund	597
is hereby created as a trust fund in the custody of the treasurer	598
of state and shall not be part of the state treasury. The fund	599
shall consist of all moneys collected or received as mutualized	600
contributions pursuant to division (B)(5) of this section and	601
amounts credited to the mutualized account pursuant to division	602
(B)(7) of this section as provided by division (E) of this	603
section. All moneys in the fund shall be used solely to pay	604
unemployment compensation benefits in the event that funds are no	605
longer available for that purpose from the unemployment trust fund	606
established pursuant to section 4141.09 of the Revised Code.	607

(G) The balance in the unemployment compensation benefit	608
reserve fund remaining at the end of the contribution period	609
beginning January 1, 2000, and any mutualized contribution amounts	610
for the contribution period beginning on January 1, 1996, that may	611
be received after December 31, 2000, shall be deposited into the	612
unemployment trust fund established pursuant to section 4141.09 of	613
the Revised Code. Income earned on moneys in the state	614
unemployment compensation benefit reserve fund shall be available	615
for use by the director only for the purposes described in	616
division (I) of this section, and shall not be used for any other	617
purpose.	618

(H) The unemployment compensation benefit reserve fund	619
balance shall be added to the unemployment trust fund balance in	620
determining the minimum safe level tax to be imposed pursuant to	621
division (B) of this section and shall be included in the	622
mutualized account balance for the purpose of determining the	623
mutualized contribution rate pursuant to division (B)(5) of this	624
section.	625

(I) All income earned on moneys in the unemployment	626
compensation benefit reserve fund from the investment of the fund	627
by the treasurer of state shall accrue to the department of job	628
and family services automation administration fund, which is	629
hereby established in the state treasury. Moneys within the	630
automation administration fund shall be used to meet the costs	631
related to automation of the department and the administrative	632
costs related to collecting and accounting for unemployment	633
compensation benefit reserve fund revenue. Any funds remaining in	634
the automation administration fund upon completion of the	635
department's automation projects that are funded by that fund	636
shall be deposited into the unemployment trust fund established	637
pursuant to section 4141.09 of the Revised Code.	638

(J) The director shall prepare and submit monthly reports to	639
the unemployment compensation advisory commission with respect to	640
the status of efforts to collect and account for unemployment	641
compensation benefit reserve fund revenue and the costs related to	642
collecting and accounting for that revenue. The director shall	643
obtain approval from the unemployment compensation advisory	644
commission for expenditure of funds from the department of job and	645
family services automation administration fund. Funds may be	646
approved for expenditure for purposes set forth in division (I) of	647
this section only to the extent that federal or other funds are	648
not available.	649

Sec. 4141.29.  Each eligible individual shall receive	650
benefits as compensation for loss of remuneration due to	651
involuntary total or partial unemployment in the amounts and	652
subject to the conditions stipulated in this chapter.	653

(A) No individual is entitled to a waiting period or benefits	654
for any week unless the individual:	655

(1) Has filed a valid application for determination of	656
benefit rights in accordance with section 4141.28 of the Revised	657
Code;	658

(2) Has made a claim for benefits in accordance with section	659
4141.28 of the Revised Code;	660

(3) Has registered at an employment office or other	661
registration place maintained or designated by the director of job	662
and family services. Registration shall be made in accordance with	663
the time limits, frequency, and manner prescribed by the director.	664

(4)(a)(i) Is able to work and available for suitable work	665
and, except as provided in division (A)(4)(a)(ii) of this section,	666
is actively seeking suitable work either in a locality in which	667
the individual has earned wages subject to this chapter during the	668
individual's base period, or if the individual leaves that	669
locality, then in a locality where suitable work normally is	670
performed.	671

(ii) The director may waive the requirement that a claimant	672
be actively seeking work when the director finds that the	673
individual has been laid off and the employer who laid the	674
individual off has notified the director within ten days after the	675
layoff, that work is expected to be available for the individual	676
within a specified number of days not to exceed forty-five	677
calendar days following the last day the individual worked. In the	678
event the individual is not recalled within the specified period,	679
this waiver shall cease to be operative with respect to that	680
layoff.	681

(b) The individual shall be instructed as to the efforts that	682
the individual must make in the search for suitable work, except	683
where the active search for work requirement has been waived under	684
division (A)(4)(a) of this section, and shall keep a record of	685
where and when the individual has sought work in complying with	686
those instructions and, upon request, shall produce that record	687
for examination by the director.	688

(c) An individual who is attending a training course approved	689
by the director meets the requirement of this division, if	690
attendance was recommended by the director and the individual is	691
regularly attending the course and is making satisfactory	692
progress. An individual also meets the requirements of this	693
division if the individual is participating and advancing in a	694
training program, as defined in division (P) of section 5709.61 of	695
the Revised Code, and if an enterprise, defined in division (B) of	696
section 5709.61 of the Revised Code, is paying all or part of the	697
cost of the individual's participation in the training program	698
with the intention of hiring the individual for employment as a	699
new employee, as defined in division (L) of section 5709.61 of the	700
Revised Code, for at least ninety days after the individual's	701
completion of the training program.	702

(d) An individual who becomes unemployed while attending a	703
regularly established school and whose base period qualifying	704
weeks were earned in whole or in part while attending that school,	705
meets the availability and active search for work requirements of	706
division (A)(4)(a) of this section if the individual regularly	707
attends the school during weeks with respect to which the	708
individual claims unemployment benefits and makes self available	709
on any shift of hours for suitable employment with the	710
individual's most recent employer or any other employer in the	711
individual's base period, or for any other suitable employment to	712
which the individual is directed, under this chapter.	713

(e) The director shall adopt any rules that the director	714
deems necessary for the administration of division (A)(4) of this	715
section.	716

(f) Notwithstanding any other provisions of this section, no	717
otherwise eligible individual shall be denied benefits for any	718
week because the individual is in training approved under section	719
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	720
2296, nor shall that individual be denied benefits by reason of	721
leaving work to enter such training, provided the work left is not	722
suitable employment, or because of the application to any week in	723
training of provisions in this chapter, or any applicable federal	724
unemployment compensation law, relating to availability for work,	725
active search for work, or refusal to accept work.	726

For the purposes of division (A)(4)(f) of this section,	727
"suitable employment" means with respect to an individual, work of	728
a substantially equal or higher skill level than the individual's	729
past adversely affected employment, as defined for the purposes of	730
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	731
wages for such work at not less than eighty per cent of the	732
individual's average weekly wage as determined for the purposes of	733
that federal act.	734

(5) Is unable to obtain suitable work. An individual who is	735
provided temporary work assignments by the individual's employer	736
under agreed terms and conditions of employment, and who is	737
required pursuant to those terms and conditions to inquire with	738
the individual's employer for available work assignments upon the	739
conclusion of each work assignment, is not considered unable to	740
obtain suitable employment if suitable work assignments are	741
available with the employer but the individual fails to contact	742
the employer to inquire about work assignments.	743

(6) Participates in reemployment services, such as job search	744
assistance services, if the individual has been determined to be	745
likely to exhaust benefits under this chapter, including	746
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	747
extended compensation, and needs reemployment services pursuant to	748
the profiling system established by the director under division	749
(K)(L) of this section, unless the director determines that:	750

(a) The individual has completed such services; or

751

(b) There is justifiable cause for the claimant's failure to	752
participate in such services.	753

(B) An individual suffering total or partial unemployment is	754
eligible for benefits for unemployment occurring subsequent to a	755
waiting period of one week and no benefits shall be payable during	756
this required waiting period. Not more than one week of waiting	757
period shall be required of any individual in any benefit year in	758
order to establish the individual's eligibility for total or	759
partial unemployment benefits.	760

(C) The waiting period for total or partial unemployment	761
shall commence on the first day of the first week with respect to	762
which the individual first files a claim for benefits at an	763
employment office or other place of registration maintained or	764
designated by the director or on the first day of the first week	765
with respect to which the individual has otherwise filed a claim	766
for benefits in accordance with the rules of the department of job	767
and family services, provided such claim is allowed by the	768
director.	769

(D) Notwithstanding division (A) of this section, no	770
individual may serve a waiting period or be paid benefits under	771
the following conditions:	772

(1) For any week with respect to which the director finds	773
that:	774

(a) The individual's unemployment was due to a labor dispute	775
other than a lockout at any factory, establishment, or other	776
premises located in this or any other state and owned or operated	777
by the employer by which the individual is or was last employed;	778
and for so long as the individual's unemployment is due to such	779
labor dispute. No individual shall be disqualified under this	780
provision if either of the following applies:	781

(i) The individual's employment was with such employer at any	782
factory, establishment, or premises located in this state, owned	783
or operated by such employer, other than the factory,	784
establishment, or premises at which the labor dispute exists, if	785
it is shown that the individual is not financing, participating	786
in, or directly interested in such labor dispute;	787

(ii) The individual's employment was with an employer not	788
involved in the labor dispute but whose place of business was	789
located within the same premises as the employer engaged in the	790
dispute, unless the individual's employer is a wholly owned	791
subsidiary of the employer engaged in the dispute, or unless the	792
individual actively participates in or voluntarily stops work	793
because of such dispute. If it is established that the claimant	794
was laid off for an indefinite period and not recalled to work	795
prior to the dispute, or was separated by the employer prior to	796
the dispute for reasons other than the labor dispute, or that the	797
individual obtained a bona fide job with another employer while	798
the dispute was still in progress, such labor dispute shall not	799
render the employee ineligible for benefits.	800

(b) The individual has been given a disciplinary layoff for	801
misconduct in connection with the individual's work.	802

(2) For the duration of the individual's unemployment if the	803
director finds that:	804

(a) The individual quit work without just cause or has been	805
discharged for just cause in connection with the individual's	806
work, provided division (D)(2) of this section does not apply to	807
the separation of a person under any of the following	808
circumstances:	809

(i) Separation from employment for the purpose of entering	810
the armed forces of the United States if the individual is	811
inducted into the armed forces within one of the following	812
periods:	813

(I) Thirty days after separation;

814

(II) One hundred eighty days after separation if the	815
individual's date of induction is delayed solely at the discretion	816
of the armed forces.	817

(ii) Separation from employment pursuant to a	818
labor-management contract or agreement, or pursuant to an	819
established employer plan, program, or policy, which permits the	820
employee, because of lack of work, to accept a separation from	821
employment;	822

(iii) The individual has left employment to accept a recall	823
from a prior employer or, except as provided in division	824
(D)(2)(a)(iv) of this section, to accept other employment as	825
provided under section 4141.291 of the Revised Code, or left or	826
was separated from employment that was concurrent employment at	827
the time of the most recent separation or within six weeks prior	828
to the most recent separation where the remuneration, hours, or	829
other conditions of such concurrent employment were substantially	830
less favorable than the individual's most recent employment and	831
where such employment, if offered as new work, would be considered	832
not suitable under the provisions of divisions (E) and (F) of this	833
section. Any benefits that would otherwise be chargeable to the	834
account of the employer from whom an individual has left	835
employment or was separated from employment that was concurrent	836
employment under conditions described in division (D)(2)(a)(iii)	837
of this section, shall instead be charged to the mutualized	838
account created by division (B) of section 4141.25 of the Revised	839
Code, except that any benefits chargeable to the account of a	840
reimbursing employer under division (D)(2)(a)(iii) of this section	841
shall be charged to the account of the reimbursing employer and	842
not to the mutualized account, except as provided in division	843
(D)(2) of section 4141.24 of the Revised Code.	844

(iv) When an individual has been issued a definite layoff	845
date by the individual's employer and before the layoff date, the	846
individual quits to accept other employment, the provisions of	847
division (D)(2)(a)(iii) of this section apply and no	848
disqualification shall be imposed under division (D) of this	849
section. However, if the individual fails to meet the employment	850
and earnings requirements of division (A)(2) of section 4141.291	851
of the Revised Code, then the individual, pursuant to division	852
(A)(5) of this section, shall be ineligible for benefits for any	853
week of unemployment that occurs prior to the layoff date.	854

(b) The individual has refused without good cause to accept	855
an offer of suitable work when made by an employer either in	856
person or to the individual's last known address, or has refused	857
or failed to investigate a referral to suitable work when directed	858
to do so by a local employment office of this state or another	859
state, provided that this division shall not cause a	860
disqualification for a waiting week or benefits under the	861
following circumstances:	862

(i) When work is offered by the individual's employer and the	863
individual is not required to accept the offer pursuant to the	864
terms of the labor-management contract or agreement; or	865

(ii) When the individual is attending a training course	866
pursuant to division (A)(4) of this section except, in the event	867
of a refusal to accept an offer of suitable work or a refusal or	868
failure to investigate a referral, benefits thereafter paid to	869
such individual shall not be charged to the account of any	870
employer and, except as provided in division (B)(1)(b) of section	871
4141.241 of the Revised Code, shall be charged to the mutualized	872
account as provided in division (B) of section 4141.25 of the	873
Revised Code.	874

(c) Such individual quit work to marry or because of marital,	875
parental, filial, or other domestic obligations.	876

(d) The individual became unemployed by reason of commitment	877
to any correctional institution.	878

(e) The individual became unemployed because of dishonesty in	879
connection with the individual's most recent or any base period	880
work. Remuneration earned in such work shall be excluded from the	881
individual's total base period remuneration and qualifying weeks	882
that otherwise would be credited to the individual for such work	883
in the individual's base period shall not be credited for the	884
purpose of determining the total benefits to which the individual	885
is eligible and the weekly benefit amount to be paid under section	886
4141.30 of the Revised Code. Such excluded remuneration and	887
noncredited qualifying weeks shall be excluded from the	888
calculation of the maximum amount to be charged, under division	889
(D) of section 4141.24 and section 4141.33 of the Revised Code,	890
against the accounts of the individual's base period employers. In	891
addition, no benefits shall thereafter be paid to the individual	892
based upon such excluded remuneration or noncredited qualifying	893
weeks.	894

For purposes of division (D)(2)(e) of this section,	895
"dishonesty" means the commission of substantive theft, fraud, or	896
deceitful acts.	897

(E) No individual otherwise qualified to receive benefits	898
shall lose the right to benefits by reason of a refusal to accept	899
new work if:	900

(1) As a condition of being so employed the individual would	901
be required to join a company union, or to resign from or refrain	902
from joining any bona fide labor organization, or would be denied	903
the right to retain membership in and observe the lawful rules of	904
any such organization.	905

(2) The position offered is vacant due directly to a strike,	906
lockout, or other labor dispute.	907

(3) The work is at an unreasonable distance from the	908
individual's residence, having regard to the character of the work	909
the individual has been accustomed to do, and travel to the place	910
of work involves expenses substantially greater than that required	911
for the individual's former work, unless the expense is provided	912
for.	913

(4) The remuneration, hours, or other conditions of the work	914
offered are substantially less favorable to the individual than	915
those prevailing for similar work in the locality.	916

(F) Subject to the special exceptions contained in division	917
(A)(4)(f) of this section and section 4141.301 of the Revised	918
Code, in determining whether any work is suitable for a claimant	919
in the administration of this chapter, the director, in addition	920
to the determination required under division (E) of this section,	921
shall consider the degree of risk to the claimant's health,	922
safety, and morals, the individual's physical fitness for the	923
work, the individual's prior training and experience, the length	924
of the individual's unemployment, the distance of the available	925
work from the individual's residence, and the individual's	926
prospects for obtaining local work.	927

(G) No claimant shall be denied regular unemployment benefits	928
under this section due to failing to satisfy the requirement	929
regarding availability for work, failing to actively search for	930
suitable work, or refusing to accept suitable work as described	931
under division (A) of this section, solely because the claimant is	932
seeking only part-time work.	933

(H) The "duration of unemployment" as used in this section	934
means the full period of unemployment next ensuing after a	935
separation from any base period or subsequent work and until an	936
individual has become reemployed in employment subject to this	937
chapter, or the unemployment compensation act of another state, or	938
of the United States, and until such individual has worked six	939
weeks and for those weeks has earned or been paid remuneration	940
equal to six times an average weekly wage of not less than:	941
eighty-five dollars and ten cents per week beginning on June 26,	942
1990; and beginning on and after January 1, 1992, twenty-seven and	943
one-half per cent of the statewide average weekly wage as computed	944
each first day of January under division (B)(3) of section 4141.30	945
of the Revised Code, rounded down to the nearest dollar, except	946
for purposes of division (D)(2)(c) of this section, such term	947
means the full period of unemployment next ensuing after a	948
separation from such work and until such individual has become	949
reemployed subject to the terms set forth above, and has earned	950
wages equal to one-half of the individual's average weekly wage or	951
sixty dollars, whichever is less.	952

(H)(I) If a claimant is disqualified under division	953
(D)(2)(a), (c), or (d) of this section or found to be qualified	954
under the exceptions provided in division (D)(2)(a)(i), (iii), or	955
(iv) of this section or division (A)(2) of section 4141.291 of the	956
Revised Code, then benefits that may become payable to such	957
claimant, which are chargeable to the account of the employer from	958
whom the individual was separated under such conditions, shall be	959
charged to the mutualized account provided in section 4141.25 of	960
the Revised Code, provided that no charge shall be made to the	961
mutualized account for benefits chargeable to a reimbursing	962
employer, except as provided in division (D)(2) of section 4141.24	963
of the Revised Code. In the case of a reimbursing employer, the	964
director shall refund or credit to the account of the reimbursing	965
employer any over-paid benefits that are recovered under division	966
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	967
other states, the United States, or Canada that are subject to	968
agreements and arrangements that are established pursuant to	969
section 4141.43 of the Revised Code shall be credited or	970
reimbursed according to the agreements and arrangements to which	971
the chargeable amounts are subject.	972

(I)(J)(1) Benefits based on service in employment as provided	973
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised	974
Code shall be payable in the same amount, on the same terms, and	975
subject to the same conditions as benefits payable on the basis of	976
other service subject to this chapter; except that after December	977
31, 1977:	978

(a) Benefits based on service in an instructional, research,	979
or principal administrative capacity in an institution of higher	980
education, as defined in division (Y) of section 4141.01 of the	981
Revised Code; or for an educational institution as defined in	982
division (CC) of section 4141.01 of the Revised Code, shall not be	983
paid to any individual for any week of unemployment that begins	984
during the period between two successive academic years or terms,	985
or during a similar period between two regular but not successive	986
terms or during a period of paid sabbatical leave provided for in	987
the individual's contract, if the individual performs such	988
services in the first of those academic years or terms and has a	989
contract or a reasonable assurance that the individual will	990
perform services in any such capacity for any such institution in	991
the second of those academic years or terms.	992

(b) Benefits based on service for an educational institution	993
or an institution of higher education in other than an	994
instructional, research, or principal administrative capacity,	995
shall not be paid to any individual for any week of unemployment	996
which begins during the period between two successive academic	997
years or terms of the employing educational institution or	998
institution of higher education, provided the individual performed	999
those services for the educational institution or institution of	1000
higher education during the first such academic year or term and,	1001
there is a reasonable assurance that such individual will perform	1002
those services for any educational institution or institution of	1003
higher education in the second of such academic years or terms.	1004

If compensation is denied to any individual for any week	1005
under division (I)(J)(1)(b) of this section and the individual was	1006
not offered an opportunity to perform those services for an	1007
institution of higher education or for an educational institution	1008
for the second of such academic years or terms, the individual is	1009
entitled to a retroactive payment of compensation for each week	1010
for which the individual timely filed a claim for compensation and	1011
for which compensation was denied solely by reason of division	1012
(I)(J)(1)(b) of this section. An application for retroactive	1013
benefits shall be timely filed if received by the director or the	1014
director's deputy within or prior to the end of the fourth full	1015
calendar week after the end of the period for which benefits were	1016
denied because of reasonable assurance of employment. The	1017
provision for the payment of retroactive benefits under division	1018
(I)(J)(1)(b) of this section is applicable to weeks of	1019
unemployment beginning on and after November 18, 1983. The	1020
provisions under division (I)(J)(1)(b) of this section shall be	1021
retroactive to September 5, 1982, only if, as a condition for full	1022
tax credit against the tax imposed by the "Federal Unemployment	1023
Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the	1024
United States secretary of labor determines that retroactivity is	1025
required by federal law.	1026

(c) With respect to weeks of unemployment beginning after	1027
December 31, 1977, benefits shall be denied to any individual for	1028
any week which commences during an established and customary	1029
vacation period or holiday recess, if the individual performs any	1030
services described in divisions (I)(J)(1)(a) and (b) of this	1031
section in the period immediately before the vacation period or	1032
holiday recess, and there is a reasonable assurance that the	1033
individual will perform any such services in the period	1034
immediately following the vacation period or holiday recess.	1035

(d) With respect to any services described in division	1036
(I)(J)(1)(a), (b), or (c) of this section, benefits payable on the	1037
basis of services in any such capacity shall be denied as	1038
specified in division (I)(J)(1)(a), (b), or (c) of this section to	1039
any individual who performs such services in an educational	1040
institution or institution of higher education while in the employ	1041
of an educational service agency. For this purpose, the term	1042
"educational service agency" means a governmental agency or	1043
governmental entity that is established and operated exclusively	1044
for the purpose of providing services to one or more educational	1045
institutions or one or more institutions of higher education.	1046

(e) Any individual employed by a public school district or a	1047
county board of developmental disabilities shall be notified by	1048
the thirtieth day of April each year if the individual is not to	1049
be reemployed the following academic year.	1050

(2) No disqualification will be imposed, between academic	1051
years or terms or during a vacation period or holiday recess under	1052
this division, unless the director or the director's deputy has	1053
received a statement in writing from the educational institution	1054
or institution of higher education that the claimant has a	1055
contract for, or a reasonable assurance of, reemployment for the	1056
ensuing academic year or term.	1057

(3) If an individual has employment with an educational	1058
institution or an institution of higher education and employment	1059
with a noneducational employer, during the base period of the	1060
individual's benefit year, then the individual may become eligible	1061
for benefits during the between-term, or vacation or holiday	1062
recess, disqualification period, based on employment performed for	1063
the noneducational employer, provided that the employment is	1064
sufficient to qualify the individual for benefit rights separately	1065
from the benefit rights based on school employment. The weekly	1066
benefit amount and maximum benefits payable during a	1067
disqualification period shall be computed based solely on the	1068
nonschool employment.	1069

(J)(K) Benefits shall not be paid on the basis of employment	1070
performed by an alien, unless the alien had been lawfully admitted	1071
to the United States for permanent residence at the time the	1072
services were performed, was lawfully present for purposes of	1073
performing the services, or was otherwise permanently residing in	1074
the United States under color of law at the time the services were	1075
performed, under section 212(d)(5) of the "Immigration and	1076
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	1077

(1) Any data or information required of individuals applying	1078
for benefits to determine whether benefits are not payable to them	1079
because of their alien status shall be uniformly required from all	1080
applicants for benefits.	1081

(2) In the case of an individual whose application for	1082
benefits would otherwise be approved, no determination that	1083
benefits to the individual are not payable because of the	1084
individual's alien status shall be made except upon a	1085
preponderance of the evidence that the individual had not, in	1086
fact, been lawfully admitted to the United States.	1087

(K)(L) The director shall establish and utilize a system of	1088
profiling all new claimants under this chapter that:	1089

(1) Identifies which claimants will be likely to exhaust	1090
regular compensation and will need job search assistance services	1091
to make a successful transition to new employment;	1092

(2) Refers claimants identified pursuant to division	1093
(K)(L)(1) of this section to reemployment services, such as job	1094
search assistance services, available under any state or federal	1095
law;	1096

(3) Collects follow-up information relating to the services	1097
received by such claimants and the employment outcomes for such	1098
claimant's subsequent to receiving such services and utilizes such	1099
information in making identifications pursuant to division	1100
(K)(L)(1) of this section; and	1101

(4) Meets such other requirements as the United States	1102
secretary of labor determines are appropriate.	1103

(M) As used in this section, "seeking only part-time work"	1104
means either of the following:	1105

(1) The claimant is willing and able to work at least twenty	1106
hours per week.	1107

(2) The claimant is available for hours of work that are	1108
comparable to the hours worked at the time of the individual's	1109
most recent separation from employment.	1110

Sec. 4141.302. (A) As used in this section:

1111

(1) "Declining occupation" means either of the following	1112
occupations:	1113

(a) An occupation in which a lack of sufficient current	1114
demand in a claimant's labor market area exists for the	1115
occupational skills for which the claimant is qualified by	1116
training and experience or current physical or mental capacity,	1117
and the lack of employment opportunities is expected to continue	1118
for an extended period of time;	1119

(b) An occupation for which a seasonal variation in demand	1120
exists in the labor market and a claimant has no other skills for	1121
which a current demand exists.	1122

(2) "Extended benefits" and "regular benefits" have the same	1123
meanings as in section 4141.301 of the Revised Code.	1124

(3) "High-demand occupation" means an occupation in a labor	1125
market area where work opportunities are available and qualified	1126
applicants are lacking as determined by the use of available labor	1127
market information.	1128

(4) "Similar stipend" means an amount provided under a	1129
program with similar aims, such as providing training to increase	1130
employability, as the program described in division (B)(3) of this	1131
section.	1132

(B) A claimant who otherwise is eligible for regular benefits	1133
is eligible to receive training extension benefits if the director	1134
of job and family services determines that the claimant satisfies	1135
all of the following criteria:	1136

(1) The claimant is unemployed.

1137

(2) The claimant has exhausted all rights to regular	1138
benefits, all rights to extended benefits, and all rights to	1139
benefits under section 2002 of division B, title n, known as "The	1140
Assistance for Unemployed Workers and Struggling Families Act" of	1141
the "American Recovery and Reinvestment Act of 2009," Pub. L. No.	1142
111-5, 123 Stat. 115, as amended.	1143

(3) The claimant is enrolled in a training program approved	1144
by the director or in a job training program authorized under the	1145
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801	1146
et seq., as amended; except that the training program must prepare	1147
the claimant for entry into a high-demand occupation if the	1148
director determines that the claimant separated from a declining	1149
occupation or has been involuntarily and indefinitely separated	1150
from employment as a result of a permanent reduction of operations	1151
at the claimant's place of employment.	1152

(4) The claimant is making satisfactory progress to complete	1153
the training as determined by the director.	1154

(C) The amount of a claimant's weekly training extension	1155
benefit shall equal the claimant's weekly benefit amount as	1156
determined for the most recent benefit year, less any deductible	1157
income as determined under section 4141.31 of the Revised Code and	1158
any reduction required by division (D) of this section. The total	1159
amount of training extension benefits payable to a claimant shall	1160
be equal to twenty-six times the claimant's average weekly benefit	1161
amount for the most recent benefit year. A claimant who is	1162
receiving training extension benefits shall not be denied training	1163
extension benefits because the claimant may not satisfy the	1164
requirements of division (A)(4) or (5) of section 4141.29 of the	1165
Revised Code. The director shall charge any training extension	1166
benefits paid pursuant to this section to the mutualized account	1167
created in section 4141.25 of the Revised Code and shall not	1168
charge an employer's account for any training extension benefits	1169
paid to a claimant.	1170

(D) The amount of a claimant's weekly training extension	1171
benefit shall be reduced by the amount of any similar stipend or	1172
other training allowances for nontraining costs received by the	1173
claimant for the week that the weekly training extension benefit	1174
is due to the claimant.	1175

Section 2. That existing sections 4141.241, 4141.25, and	1176
4141.29 of the Revised Code are hereby repealed.	1177

Section 3. All items in this section are hereby appropriated	1178
as designated out of any moneys in the state treasury to the	1179
credit of the Federal Special Revenue Fund Group. For all	1180
appropriations made in this act, those in the first column are for	1181
fiscal year 2010 and those in the second column are for fiscal	1182
year 2011. The appropriations made in this act are in addition to	1183
any other appropriations made for the FY 2010-FY 2011 biennium.	1184

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	1185

Federal Special Revenue Fund Group	1186

3V40	600678		Federal Unemployment Programs		$	0		$	3,000,000		1187
TOTAL FED Federal Special Revenue Fund Group					$	0		$	3,000,000		1188
TOTAL ALL BUDGET FUND GROUPS					$	0		$	3,000,000		1189

FEDERAL UNEMPLOYMENT PROGRAMS

1190

Of the foregoing appropriation item 600678, Federal	1191
Unemployment Programs, $3,000,000 shall be used by the Department	1192
of Job and Family Services to administer the delivery of	1193
unemployment benefits to eligible part-time workers in accordance	1194
with section 4141.29 of the Revised Code and to eligible persons	1195
that enter training programs in accordance with section 4141.302	1196
of the Revised Code.	1197

Within the limits set forth in this act, the Director of	1198
Budget and Management shall establish accounts indicating the	1199
source and amount of funds for each appropriation made in this	1200
act, and shall determine the form and manner in which	1201
appropriation accounts shall be maintained. Expenditures from	1202
appropriations contained in this act shall be accounted for as	1203
though made in Am. Sub. H.B. 1 of the 128th General Assembly.	1204

The appropriations made in this act are subject to all	1205
provisions of Am. Sub. H.B. 1 of the 128th General Assembly that	1206
are generally applicable to such appropriations.	1207

Section 4. (A) There is hereby created the Unemployment	1208
Modernization Review Committee. The Committee shall review the	1209
amendments to sections 4141.241, 4141.25, and 4141.29 of the	1210
Revised Code by this act and the enactment of section 4141.302 of	1211
the Revised Code by this act to determine whether Ohio's	1212
unemployment compensation system can sustain the payment of	1213
unemployment compensation benefits resulting from the amendment or	1214
enactment of those sections upon the exhaustion of the funding	1215
received under section 2003 of the "American Recovery and	1216
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, as	1217
amended.	1218

(B) The Committee shall consist of three members of the House	1219
of Representatives appointed by the Speaker of the House of	1220
Representatives and three members of the Senate appointed by the	1221
President of the Senate. Not more than two members appointed by	1222
the Speaker of the House of Representatives and not more than two	1223
members appointed by the President of the Senate may be of the	1224
same political party.	1225

Each member of the Committee shall hold office during the	1226
General Assembly in which the member is appointed and until a	1227
successor has been appointed, notwithstanding the adjournment sine	1228
die of the General Assembly in which the member was appointed or	1229
the expiration of the member's term as a member of the General	1230
Assembly. Any vacancies occurring among the members of the	1231
Committee shall be filled in the manner of the original	1232
appointment.	1233

(C) The Speaker of the House of Representatives and the	1234
President of the Senate shall appoint the initial members of the	1235
Committee within one year after the effective date of this	1236
section. The Committee shall hold the initial meeting of the	1237
Committee not later than ten days after the date the last member	1238
of the Committee is appointed, and at that meeting the Committee	1239
shall select a chairperson. All additional meetings shall be at	1240
the discretion of the chairperson.	1241

(D) The Committee shall submit a report to the General	1242
Assembly approximately thirty days after the date the funds	1243
described in division (A) of this section are exhausted. The	1244
report shall include a determination of whether the changes	1245
described in division (A) of this section are sustainable and	1246
should remain as a part of Chapter 4141. of the Revised Code and	1247
the unemployment compensation system. The Committee shall have	1248
access to only the records of the Department of Job and Family	1249
Services that are necessary to make a determination as described	1250
under this section. The Committee may request the Director of Job	1251
and Family Services, or any of the employees appointed by the	1252
Director, or any employer or employee subject to Chapter 4141. of	1253
the Revised Code, to appear before it and to testify relative to	1254
the functioning of amendments to sections 4141.241, 4141.25, and	1255
4141.29 of the Revised Code by this act and the enactment of	1256
section 4141.302 of the Revised Code by this act. The Committee is	1257
abolished upon submission of the report required under this	1258
section.	1259

(E) Nothing in this section shall be construed as preventing	1260
or prohibiting the Unemployment Compensation Advisory Council from	1261
reviewing the amendments to sections 4141.241, 4141.25, and	1262
4141.29 of the Revised Code by this act and the enactment of	1263
section 4141.302 of the Revised Code by this act.	1264

(F) Members of the Committee shall serve without	1265
compensation. The staff of the Legislative Service Commission	1266
shall provide clerical and technical assistance to the Committee.	1267
The General Assembly shall provide a location for the Committee to	1268
meet.	1269