Bill Text: HI SB285 | 2014 | Regular Session | Introduced
Bill Title: Unemployment; Alternative base period; Repeal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB285 Detail]
Download: Hawaii-2014-SB285-Introduced.html
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THE SENATE |
S.B. NO. |
285 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to employment security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 383-1, Hawaii Revised Statutes, is amended by deleting the definition of "Alternative base period".
["Alternative base period" means
the four completed calendar quarters immediately preceding the first day of an
individual's benefit year.]
SECTION 2. Section 383-29, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that:
(1) The individual has made a claim for benefits with respect to that week in accordance with rules the department may prescribe and with section 383-29.7 for partially unemployed individuals;
(2) The individual has registered for work, as defined in section 383-1, and thereafter continued to report, at an employment office in accordance with rules the department may prescribe, except that the department, by rule, may waive or alter either or both of the requirements of this paragraph for partially unemployed individuals pursuant to section 383-29.8, individuals attached to regular jobs, and other types of cases or situations with respect to which it finds that compliance with those requirements would be oppressive, or would be inconsistent with the purpose of this chapter; provided that no rule shall conflict with section 383-21;
(3) The individual is able to work and is available for work; provided that no claimant shall be considered ineligible with respect to any week of unemployment for failure to comply with this paragraph if the failure is due to an illness or disability, as evidenced by a physician's certificate, which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work which would have been suitable prior to the beginning of the illness and disability has been offered the claimant;
(4) The individual has been unemployed for a waiting period of one week within the individual's benefit year. No week shall be counted as a waiting period:
(A) If benefits have been paid with respect thereto;
(B) Unless the individual was eligible for benefits with respect thereto as provided in this section and section 383-30, except for the requirements of this paragraph;
(5) In the case of an individual whose benefit year begins:
(A) On or after January 2, 1966, but prior to October 1, 1989, the individual has had during the individual's base period a total of fourteen or more weeks of employment, as defined in section 383-1, and has been paid wages for insured work during the individual's base period in an amount equal to at least thirty times the individual's weekly benefit amount as determined under section 383-22(b). For the purposes of this subparagraph, wages for insured work shall include wages paid for services:
(i) Which were not employment, as defined in section 383-2, or pursuant to an election under section 383-77 prior to January 1, 1978, at any time during the one-year period ending December 31, 1975; and
(ii) Which are agricultural labor, as defined in
section 383-9 except service excluded under section [[]383-7(a)(1)[]],
or are domestic service except service excluded under section [[]383-7(a)(2)[]];
except to the extent that assistance under Title II of the Emergency Jobs and
Unemployment Assistance Act of 1974 was paid on the basis of those services;
(B) On and after October 1, 1989, to January 4, 1992, the individual has been employed, as defined in section 383-2, and has been paid wages for insured work during the individual's base period in an amount equal to not less than thirty times the individual's weekly benefit amount, as determined under section 383-22(b), and the individual has been paid wages for insured work during at least two quarters of the individual's base period; provided that no otherwise eligible individual who established a prior benefit year under this chapter or the unemployment compensation law of any other state, shall be eligible to receive benefits in a succeeding benefit year until, during the period following the beginning of the prior benefit year, that individual worked in covered employment for which wages were paid in an amount equal to at least five times the weekly benefit amount established for that individual in the succeeding benefit year; and
(C) After January 4, 1992, the individual has been employed, as defined in section 383-2, and has been paid wages for insured work during the individual's base period in an amount equal to not less than twenty-six times the individual's weekly benefit amount, as determined under section 383-22(b), and the individual has been paid wages for insured work during at least two quarters of the individual's base period; provided that no otherwise eligible individual who established a prior benefit year under this chapter or the unemployment compensation law of any other state, shall be eligible to receive benefits in a succeeding benefit year until, during the period following the beginning of the prior benefit year, that individual worked in covered employment for which wages were paid in an amount equal to at least five times the weekly benefit amount established for that individual in the succeeding benefit year.
For purposes of this paragraph, wages and weeks
of employment shall be counted for benefit purposes with respect to any benefit
year only if the benefit year begins subsequent to the dates on which the
employing unit by which the wages or other remuneration, as provided in the
definition of weeks of employment in section 383-1, were paid has satisfied the
conditions of section 383-1 with respect to becoming an employer[.],
and
[Effective for benefit years beginning
January 1, 2004, and thereafter, if an individual fails to establish a valid
claim for unemployment insurance benefits under this paragraph, the department
shall make a redetermination of entitlement based upon the alternative base
period, as defined in section 383-1; provided further that the individual shall
satisfy the conditions of section 383-29(a)(5) that apply to claims filed using
the base period, as defined in section 383-1, and the establishment of claims
using the alternative base period shall be subject to the terms and conditions
of sections 383-33 and 383-94; and]
(6) Effective November 24, 1994, an individual who has been referred to reemployment services pursuant to the profiling system under section 383-92.5 shall participate in those services or in similar services. The individual may not be required to participate in reemployment services if the department determines the individual has completed those services, or there is justifiable cause for the claimant's failure to participate in those services.
For the purposes of this subsection, employment and wages used to establish a benefit year shall not thereafter be reused to establish another benefit year."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Unemployment; Alternative base period; Repeal
Description:
Repeals provision giving consideration to an "alternative base period," for unemployment claims, which is defined as the four completed calendar quarters immediately preceding the first day of the person's benefit year. Repeals definition of "alternative base period."
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
