Bill Text: OH SB8 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To permit persons who quit work to accompany the person's spouse on a military transfer to be eligible for unemployment compensation benefits and to declare an emergency.

Spectrum: Slight Partisan Bill (Republican 21-8)

Status: (Engrossed - Dead) 2013-06-26 - Passed 3rd Consideration House [SB8 Detail]

Download: Ohio-2013-SB8-Engrossed.html

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As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 8

Senator LaRose 

Cosponsors: Senators Hite, Manning, Cafaro, Schaffer, Seitz, Balderson, Obhof, Jones, Widener, Beagle, Bacon, Coley, Gardner, Oelslager, Patton, Lehner, Eklund, Uecker, Faber, Gentile, Hughes, Kearney, Peterson, Sawyer, Schiavoni, Smith, Tavares, Turner 

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A BILL

To amend section 4141.29 of the Revised Code to

1

permit persons who quit work to accompany the

2

person's spouse on a military transfer to be

3

eligible for unemployment compensation benefits

4

and to declare an emergency.

5

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

Section 1. That section 4141.29 of the Revised Code be	6
amended to read as follows:	7

Sec. 4141.29.  Each eligible individual shall receive	8
benefits as compensation for loss of remuneration due to	9
involuntary total or partial unemployment in the amounts and	10
subject to the conditions stipulated in this chapter.	11

(A) No individual is entitled to a waiting period or benefits	12
for any week unless the individual:	13

(1) Has filed a valid application for determination of	14
benefit rights in accordance with section 4141.28 of the Revised	15
Code;	16

(2) Has made a claim for benefits in accordance with section	17
4141.28 of the Revised Code;	18

(3) Has registered at an employment office or other	19
registration place maintained or designated by the director of job	20
and family services. Registration shall be made in accordance with	21
the time limits, frequency, and manner prescribed by the director.	22

(4)(a)(i) Is able to work and available for suitable work	23
and, except as provided in division (A)(4)(a)(ii) of this section,	24
is actively seeking suitable work either in a locality in which	25
the individual has earned wages subject to this chapter during the	26
individual's base period, or if the individual leaves that	27
locality, then in a locality where suitable work normally is	28
performed.	29

(ii) The director may waive the requirement that a claimant	30
be actively seeking work when the director finds that the	31
individual has been laid off and the employer who laid the	32
individual off has notified the director within ten days after the	33
layoff, that work is expected to be available for the individual	34
within a specified number of days not to exceed forty-five	35
calendar days following the last day the individual worked. In the	36
event the individual is not recalled within the specified period,	37
this waiver shall cease to be operative with respect to that	38
layoff.	39

(b) The individual shall be instructed as to the efforts that	40
the individual must make in the search for suitable work, except	41
where the active search for work requirement has been waived under	42
division (A)(4)(a) of this section, and shall keep a record of	43
where and when the individual has sought work in complying with	44
those instructions and, upon request, shall produce that record	45
for examination by the director.	46

(c) An individual who is attending a training course approved	47
by the director meets the requirement of this division, if	48
attendance was recommended by the director and the individual is	49
regularly attending the course and is making satisfactory	50
progress. An individual also meets the requirements of this	51
division if the individual is participating and advancing in a	52
training program, as defined in division (P) of section 5709.61 of	53
the Revised Code, and if an enterprise, defined in division (B) of	54
section 5709.61 of the Revised Code, is paying all or part of the	55
cost of the individual's participation in the training program	56
with the intention of hiring the individual for employment as a	57
new employee, as defined in division (L) of section 5709.61 of the	58
Revised Code, for at least ninety days after the individual's	59
completion of the training program.	60

(d) An individual who becomes unemployed while attending a	61
regularly established school and whose base period qualifying	62
weeks were earned in whole or in part while attending that school,	63
meets the availability and active search for work requirements of	64
division (A)(4)(a) of this section if the individual regularly	65
attends the school during weeks with respect to which the	66
individual claims unemployment benefits and makes self available	67
on any shift of hours for suitable employment with the	68
individual's most recent employer or any other employer in the	69
individual's base period, or for any other suitable employment to	70
which the individual is directed, under this chapter.	71

(e) The director shall adopt any rules that the director	72
deems necessary for the administration of division (A)(4) of this	73
section.	74

(f) Notwithstanding any other provisions of this section, no	75
otherwise eligible individual shall be denied benefits for any	76
week because the individual is in training approved under section	77
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	78
2296, nor shall that individual be denied benefits by reason of	79
leaving work to enter such training, provided the work left is not	80
suitable employment, or because of the application to any week in	81
training of provisions in this chapter, or any applicable federal	82
unemployment compensation law, relating to availability for work,	83
active search for work, or refusal to accept work.	84

For the purposes of division (A)(4)(f) of this section,	85
"suitable employment" means with respect to an individual, work of	86
a substantially equal or higher skill level than the individual's	87
past adversely affected employment, as defined for the purposes of	88
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	89
wages for such work at not less than eighty per cent of the	90
individual's average weekly wage as determined for the purposes of	91
that federal act.	92

(5) Is unable to obtain suitable work. An individual who is	93
provided temporary work assignments by the individual's employer	94
under agreed terms and conditions of employment, and who is	95
required pursuant to those terms and conditions to inquire with	96
the individual's employer for available work assignments upon the	97
conclusion of each work assignment, is not considered unable to	98
obtain suitable employment if suitable work assignments are	99
available with the employer but the individual fails to contact	100
the employer to inquire about work assignments.	101

(6) Participates in reemployment services, such as job search	102
assistance services, if the individual has been determined to be	103
likely to exhaust benefits under this chapter, including	104
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	105
extended compensation, and needs reemployment services pursuant to	106
the profiling system established by the director under division	107
(K) of this section, unless the director determines that:	108

(a) The individual has completed such services; or

109

(b) There is justifiable cause for the claimant's failure to	110
participate in such services.	111

(B) An individual suffering total or partial unemployment is	112
eligible for benefits for unemployment occurring subsequent to a	113
waiting period of one week and no benefits shall be payable during	114
this required waiting period. Not more than one week of waiting	115
period shall be required of any individual in any benefit year in	116
order to establish the individual's eligibility for total or	117
partial unemployment benefits.	118

(C) The waiting period for total or partial unemployment	119
shall commence on the first day of the first week with respect to	120
which the individual first files a claim for benefits at an	121
employment office or other place of registration maintained or	122
designated by the director or on the first day of the first week	123
with respect to which the individual has otherwise filed a claim	124
for benefits in accordance with the rules of the department of job	125
and family services, provided such claim is allowed by the	126
director.	127

(D) Notwithstanding division (A) of this section, no	128
individual may serve a waiting period or be paid benefits under	129
the following conditions:	130

(1) For any week with respect to which the director finds	131
that:	132

(a) The individual's unemployment was due to a labor dispute	133
other than a lockout at any factory, establishment, or other	134
premises located in this or any other state and owned or operated	135
by the employer by which the individual is or was last employed;	136
and for so long as the individual's unemployment is due to such	137
labor dispute. No individual shall be disqualified under this	138
provision if either of the following applies:	139

(i) The individual's employment was with such employer at any	140
factory, establishment, or premises located in this state, owned	141
or operated by such employer, other than the factory,	142
establishment, or premises at which the labor dispute exists, if	143
it is shown that the individual is not financing, participating	144
in, or directly interested in such labor dispute;	145

(ii) The individual's employment was with an employer not	146
involved in the labor dispute but whose place of business was	147
located within the same premises as the employer engaged in the	148
dispute, unless the individual's employer is a wholly owned	149
subsidiary of the employer engaged in the dispute, or unless the	150
individual actively participates in or voluntarily stops work	151
because of such dispute. If it is established that the claimant	152
was laid off for an indefinite period and not recalled to work	153
prior to the dispute, or was separated by the employer prior to	154
the dispute for reasons other than the labor dispute, or that the	155
individual obtained a bona fide job with another employer while	156
the dispute was still in progress, such labor dispute shall not	157
render the employee ineligible for benefits.	158

(b) The individual has been given a disciplinary layoff for	159
misconduct in connection with the individual's work.	160

(2) For the duration of the individual's unemployment if the	161
director finds that:	162

(a) The individual quit work without just cause or has been	163
discharged for just cause in connection with the individual's	164
work, provided division (D)(2) of this section does not apply to	165
the separation of a person under any of the following	166
circumstances:	167

(i) Separation from employment for the purpose of entering	168
the armed forces of the United States if the individual is	169
inducted into the armed forces within one of the following	170
periods:	171

(I) Thirty days after separation;

172

(II) One hundred eighty days after separation if the	173
individual's date of induction is delayed solely at the discretion	174
of the armed forces.	175

(ii) Separation from employment pursuant to a	176
labor-management contract or agreement, or pursuant to an	177
established employer plan, program, or policy, which permits the	178
employee, because of lack of work, to accept a separation from	179
employment;	180

(iii) The individual has left employment to accept a recall	181
from a prior employer or, except as provided in division	182
(D)(2)(a)(iv) of this section, to accept other employment as	183
provided under section 4141.291 of the Revised Code, or left or	184
was separated from employment that was concurrent employment at	185
the time of the most recent separation or within six weeks prior	186
to the most recent separation where the remuneration, hours, or	187
other conditions of such concurrent employment were substantially	188
less favorable than the individual's most recent employment and	189
where such employment, if offered as new work, would be considered	190
not suitable under the provisions of divisions (E) and (F) of this	191
section. Any benefits that would otherwise be chargeable to the	192
account of the employer from whom an individual has left	193
employment or was separated from employment that was concurrent	194
employment under conditions described in division (D)(2)(a)(iii)	195
of this section, shall instead be charged to the mutualized	196
account created by division (B) of section 4141.25 of the Revised	197
Code, except that any benefits chargeable to the account of a	198
reimbursing employer under division (D)(2)(a)(iii) of this section	199
shall be charged to the account of the reimbursing employer and	200
not to the mutualized account, except as provided in division	201
(D)(2) of section 4141.24 of the Revised Code.	202

(iv) When an individual has been issued a definite layoff	203
date by the individual's employer and before the layoff date, the	204
individual quits to accept other employment, the provisions of	205
division (D)(2)(a)(iii) of this section apply and no	206
disqualification shall be imposed under division (D) of this	207
section. However, if the individual fails to meet the employment	208
and earnings requirements of division (A)(2) of section 4141.291	209
of the Revised Code, then the individual, pursuant to division	210
(A)(5) of this section, shall be ineligible for benefits for any	211
week of unemployment that occurs prior to the layoff date.	212

(v) The individual's spouse is a member of the armed forces	213
of the United States who is on active duty as defined in 10 U.S.C.	214
101(d)(1), the spouse is the subject of a military transfer, the	215
individual left employment to accompany the individual's spouse to	216
a location from which it is impractical to commute to the	217
individual's place of employment, and upon arrival at the new	218
place of residence, the individual is in all respects able and	219
available for suitable work.	220

(b) The individual has refused without good cause to accept	221
an offer of suitable work when made by an employer either in	222
person or to the individual's last known address, or has refused	223
or failed to investigate a referral to suitable work when directed	224
to do so by a local employment office of this state or another	225
state, provided that this division shall not cause a	226
disqualification for a waiting week or benefits under the	227
following circumstances:	228

(i) When work is offered by the individual's employer and the	229
individual is not required to accept the offer pursuant to the	230
terms of the labor-management contract or agreement; or	231

(ii) When the individual is attending a training course	232
pursuant to division (A)(4) of this section except, in the event	233
of a refusal to accept an offer of suitable work or a refusal or	234
failure to investigate a referral, benefits thereafter paid to	235
such individual shall not be charged to the account of any	236
employer and, except as provided in division (B)(1)(b) of section	237
4141.241 of the Revised Code, shall be charged to the mutualized	238
account as provided in division (B) of section 4141.25 of the	239
Revised Code.	240

(c) Such individual quit work to marry or because of marital,	241
parental, filial, or other domestic obligations.	242

(d) The individual became unemployed by reason of commitment	243
to any correctional institution.	244

(e) The individual became unemployed because of dishonesty in	245
connection with the individual's most recent or any base period	246
work. Remuneration earned in such work shall be excluded from the	247
individual's total base period remuneration and qualifying weeks	248
that otherwise would be credited to the individual for such work	249
in the individual's base period shall not be credited for the	250
purpose of determining the total benefits to which the individual	251
is eligible and the weekly benefit amount to be paid under section	252
4141.30 of the Revised Code. Such excluded remuneration and	253
noncredited qualifying weeks shall be excluded from the	254
calculation of the maximum amount to be charged, under division	255
(D) of section 4141.24 and section 4141.33 of the Revised Code,	256
against the accounts of the individual's base period employers. In	257
addition, no benefits shall thereafter be paid to the individual	258
based upon such excluded remuneration or noncredited qualifying	259
weeks.	260

For purposes of division (D)(2)(e) of this section,	261
"dishonesty" means the commission of substantive theft, fraud, or	262
deceitful acts.	263

(E) No individual otherwise qualified to receive benefits	264
shall lose the right to benefits by reason of a refusal to accept	265
new work if:	266

(1) As a condition of being so employed the individual would	267
be required to join a company union, or to resign from or refrain	268
from joining any bona fide labor organization, or would be denied	269
the right to retain membership in and observe the lawful rules of	270
any such organization.	271

(2) The position offered is vacant due directly to a strike,	272
lockout, or other labor dispute.	273

(3) The work is at an unreasonable distance from the	274
individual's residence, having regard to the character of the work	275
the individual has been accustomed to do, and travel to the place	276
of work involves expenses substantially greater than that required	277
for the individual's former work, unless the expense is provided	278
for.	279

(4) The remuneration, hours, or other conditions of the work	280
offered are substantially less favorable to the individual than	281
those prevailing for similar work in the locality.	282

(F) Subject to the special exceptions contained in division	283
(A)(4)(f) of this section and section 4141.301 of the Revised	284
Code, in determining whether any work is suitable for a claimant	285
in the administration of this chapter, the director, in addition	286
to the determination required under division (E) of this section,	287
shall consider the degree of risk to the claimant's health,	288
safety, and morals, the individual's physical fitness for the	289
work, the individual's prior training and experience, the length	290
of the individual's unemployment, the distance of the available	291
work from the individual's residence, and the individual's	292
prospects for obtaining local work.	293

(G) The "duration of unemployment" as used in this section	294
means the full period of unemployment next ensuing after a	295
separation from any base period or subsequent work and until an	296
individual has become reemployed in employment subject to this	297
chapter, or the unemployment compensation act of another state, or	298
of the United States, and until such individual has worked six	299
weeks and for those weeks has earned or been paid remuneration	300
equal to six times an average weekly wage of not less than:	301
eighty-five dollars and ten cents per week beginning on June 26,	302
1990; and beginning on and after January 1, 1992, twenty-seven and	303
one-half per cent of the statewide average weekly wage as computed	304
each first day of January under division (B)(3) of section 4141.30	305
of the Revised Code, rounded down to the nearest dollar, except	306
for purposes of division (D)(2)(c) of this section, such term	307
means the full period of unemployment next ensuing after a	308
separation from such work and until such individual has become	309
reemployed subject to the terms set forth above, and has earned	310
wages equal to one-half of the individual's average weekly wage or	311
sixty dollars, whichever is less.	312

(H) If a claimant is disqualified under division (D)(2)(a),	313
(c), or (d) of this section or found to be qualified under the	314
exceptions provided in division (D)(2)(a)(i), (iii), or (iv), or	315
(v) of this section or division (A)(2) of section 4141.291 of the	316
Revised Code, then benefits that may become payable to such	317
claimant, which are chargeable to the account of the employer from	318
whom the individual was separated under such conditions, shall be	319
charged to the mutualized account provided in section 4141.25 of	320
the Revised Code, provided that no charge shall be made to the	321
mutualized account for benefits chargeable to a reimbursing	322
employer, except as provided in division (D)(2) of section 4141.24	323
of the Revised Code. In the case of a reimbursing employer, the	324
director shall refund or credit to the account of the reimbursing	325
employer any over-paid benefits that are recovered under division	326
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	327
other states, the United States, or Canada that are subject to	328
agreements and arrangements that are established pursuant to	329
section 4141.43 of the Revised Code shall be credited or	330
reimbursed according to the agreements and arrangements to which	331
the chargeable amounts are subject.	332

(I)(1) Benefits based on service in employment as provided in	333
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	334
shall be payable in the same amount, on the same terms, and	335
subject to the same conditions as benefits payable on the basis of	336
other service subject to this chapter; except that after December	337
31, 1977:	338

(a) Benefits based on service in an instructional, research,	339
or principal administrative capacity in an institution of higher	340
education, as defined in division (Y) of section 4141.01 of the	341
Revised Code; or for an educational institution as defined in	342
division (CC) of section 4141.01 of the Revised Code, shall not be	343
paid to any individual for any week of unemployment that begins	344
during the period between two successive academic years or terms,	345
or during a similar period between two regular but not successive	346
terms or during a period of paid sabbatical leave provided for in	347
the individual's contract, if the individual performs such	348
services in the first of those academic years or terms and has a	349
contract or a reasonable assurance that the individual will	350
perform services in any such capacity for any such institution in	351
the second of those academic years or terms.	352

(b) Benefits based on service for an educational institution	353
or an institution of higher education in other than an	354
instructional, research, or principal administrative capacity,	355
shall not be paid to any individual for any week of unemployment	356
which begins during the period between two successive academic	357
years or terms of the employing educational institution or	358
institution of higher education, provided the individual performed	359
those services for the educational institution or institution of	360
higher education during the first such academic year or term and,	361
there is a reasonable assurance that such individual will perform	362
those services for any educational institution or institution of	363
higher education in the second of such academic years or terms.	364

If compensation is denied to any individual for any week	365
under division (I)(1)(b) of this section and the individual was	366
not offered an opportunity to perform those services for an	367
institution of higher education or for an educational institution	368
for the second of such academic years or terms, the individual is	369
entitled to a retroactive payment of compensation for each week	370
for which the individual timely filed a claim for compensation and	371
for which compensation was denied solely by reason of division	372
(I)(1)(b) of this section. An application for retroactive benefits	373
shall be timely filed if received by the director or the	374
director's deputy within or prior to the end of the fourth full	375
calendar week after the end of the period for which benefits were	376
denied because of reasonable assurance of employment. The	377
provision for the payment of retroactive benefits under division	378
(I)(1)(b) of this section is applicable to weeks of unemployment	379
beginning on and after November 18, 1983. The provisions under	380
division (I)(1)(b) of this section shall be retroactive to	381
September 5, 1982, only if, as a condition for full tax credit	382
against the tax imposed by the "Federal Unemployment Tax Act," 53	383
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	384
secretary of labor determines that retroactivity is required by	385
federal law.	386

(c) With respect to weeks of unemployment beginning after	387
December 31, 1977, benefits shall be denied to any individual for	388
any week which commences during an established and customary	389
vacation period or holiday recess, if the individual performs any	390
services described in divisions (I)(1)(a) and (b) of this section	391
in the period immediately before the vacation period or holiday	392
recess, and there is a reasonable assurance that the individual	393
will perform any such services in the period immediately following	394
the vacation period or holiday recess.	395

(d) With respect to any services described in division	396
(I)(1)(a), (b), or (c) of this section, benefits payable on the	397
basis of services in any such capacity shall be denied as	398
specified in division (I)(1)(a), (b), or (c) of this section to	399
any individual who performs such services in an educational	400
institution or institution of higher education while in the employ	401
of an educational service agency. For this purpose, the term	402
"educational service agency" means a governmental agency or	403
governmental entity that is established and operated exclusively	404
for the purpose of providing services to one or more educational	405
institutions or one or more institutions of higher education.	406

(e) Any individual employed by a county board of	407
developmental disabilities shall be notified by the thirtieth day	408
of April each year if the individual is not to be reemployed the	409
following academic year.	410

(f) Any individual employed by a school district, other than	411
a municipal school district as defined in section 3311.71 of the	412
Revised Code, shall be notified by the first day of June each year	413
if the individual is not to be reemployed the following academic	414
year.	415

(2) No disqualification will be imposed, between academic	416
years or terms or during a vacation period or holiday recess under	417
this division, unless the director or the director's deputy has	418
received a statement in writing from the educational institution	419
or institution of higher education that the claimant has a	420
contract for, or a reasonable assurance of, reemployment for the	421
ensuing academic year or term.	422

(3) If an individual has employment with an educational	423
institution or an institution of higher education and employment	424
with a noneducational employer, during the base period of the	425
individual's benefit year, then the individual may become eligible	426
for benefits during the between-term, or vacation or holiday	427
recess, disqualification period, based on employment performed for	428
the noneducational employer, provided that the employment is	429
sufficient to qualify the individual for benefit rights separately	430
from the benefit rights based on school employment. The weekly	431
benefit amount and maximum benefits payable during a	432
disqualification period shall be computed based solely on the	433
nonschool employment.	434

(J) Benefits shall not be paid on the basis of employment	435
performed by an alien, unless the alien had been lawfully admitted	436
to the United States for permanent residence at the time the	437
services were performed, was lawfully present for purposes of	438
performing the services, or was otherwise permanently residing in	439
the United States under color of law at the time the services were	440
performed, under section 212(d)(5) of the "Immigration and	441
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	442

(1) Any data or information required of individuals applying	443
for benefits to determine whether benefits are not payable to them	444
because of their alien status shall be uniformly required from all	445
applicants for benefits.	446

(2) In the case of an individual whose application for	447
benefits would otherwise be approved, no determination that	448
benefits to the individual are not payable because of the	449
individual's alien status shall be made except upon a	450
preponderance of the evidence that the individual had not, in	451
fact, been lawfully admitted to the United States.	452

(K) The director shall establish and utilize a system of	453
profiling all new claimants under this chapter that:	454

(1) Identifies which claimants will be likely to exhaust	455
regular compensation and will need job search assistance services	456
to make a successful transition to new employment;	457

(2) Refers claimants identified pursuant to division (K)(1)	458
of this section to reemployment services, such as job search	459
assistance services, available under any state or federal law;	460

(3) Collects follow-up information relating to the services	461
received by such claimants and the employment outcomes for such	462
claimant's subsequent to receiving such services and utilizes such	463
information in making identifications pursuant to division (K)(1)	464
of this section; and	465

(4) Meets such other requirements as the United States	466
secretary of labor determines are appropriate.	467

Section 2. That existing section 4141.29 of the Revised Code	468
is hereby repealed.	469

Section 3.  Section 4141.29 of the Revised Code is presented	470
in this act as a composite of the section as amended by both Sub.	471
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly. The	472
General Assembly, applying the principle stated in division (B) of	473
section 1.52 of the Revised Code that amendments are to be	474
harmonized if reasonably capable of simultaneous operation, finds	475
that the composite is the resulting version of the section in	476
effect prior to the effective date of the section as presented in	477
this act.	478

Section 4. This act is hereby declared to be an emergency	479
measure necessary for the immediate preservation of the public	480
peace, health, and safety. The reason for such necessity is so	481
that employees displaced as the result of a spouse's military	482
transfer will not continue to be forced to choose between losing	483
income and splitting up the family during a military reassignment.	484
Therefore, this act shall go into immediate effect.	485