Bill Text: MI HB4166 | 2011-2012 | 96th Legislature | Introduced

Michigan House Bill 4166 (Prior Session Legislation)

Introduced

Bill Title: Employment security; benefits; eligibility for part-time employees and training participants; revise. Amends secs. 27 & 28 of 1936 (Ex Sess) PA 1 (MCL 421.27 & 421.28).

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2011-02-08 - Printed Bill Filed 02/03/2011 [HB4166 Detail]

Download: Michigan-2011-HB4166-Introduced.html

HOUSE BILL No. 4166

February 1, 2011, Introduced by Reps. Ananich, Smiley, Tlaib, Santana, Stapleton, Durhal, Hovey-Wright, Stanley and Oakes and referred to the Committee on Commerce.

A bill to amend 1936 (Ex Sess) PA 1, entitled

"Michigan employment security act,"

by amending sections 27 and 28 (MCL 421.27 and 421.28), section 27

as amended by 2010 PA 322 and section 28 as amended by 1994 PA 422.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 27. (a)(1) When a determination, redetermination, or

decision is made that benefits are due an unemployed individual,

the benefits shall become payable from the fund and continue to be

payable to the unemployed individual, subject to the limitations

imposed by the individual's monetary entitlement, if the individual

continues to be unemployed and to file claims for benefits, until

the determination, redetermination, or decision is reversed, a

determination, redetermination, or decision on a new issue holding

the individual disqualified or ineligible is made, or, for benefit

years beginning before October 1, 2000, a new separation issue

arises resulting from subsequent work.

(2) Benefits shall be paid in person or by mail through

employment offices in accordance with rules promulgated by the

commission.

(b)(1) Subject to subsection (f), the weekly benefit rate for

an individual, with respect to benefit years beginning before

October 1, 2000, shall be 67% of the individual's average after tax

weekly wage, except that the individual's maximum weekly benefit

rate shall not exceed $300.00. However, with respect to benefit

years beginning on or after October 1, 2000, the individual's

weekly benefit rate is 4.1% of the individual's wages paid in the

calendar quarter of the base period in which the individual was

paid the highest total wages, plus $6.00 for each dependent as

defined in subdivision (4), up to a maximum of 5 dependents,

claimed by the individual at the time the individual files a new

claim for benefits, except that the individual's maximum weekly

benefit rate shall not exceed $300.00 before April 26, 2002 and

$362.00 for claims filed on and after April 26, 2002. The weekly

benefit rate for an individual claiming benefits on and after April

26, 2002 shall be recalculated subject to the $362.00 maximum

weekly benefit rate. The unemployment agency shall establish the

procedures necessary to verify the number of dependents claimed. If

a person fraudulently claims a dependent, that person is subject to

the penalties set forth in sections 54 and 54c. For benefit years

beginning on or after October 2, 1983, the weekly benefit rate

shall be adjusted to the next lower multiple of $1.00.

(2) For benefit years beginning before October 1, 2000, the

state average weekly wage for a calendar year shall be computed on

the basis of the 12 months ending the June 30 immediately before

that calendar year. The commission shall prepare a table of weekly

benefit rates based on an "average after tax weekly wage"

calculated by subtracting, from an individual's average weekly wage

as determined in accordance with section 51, a reasonable

approximation of the weekly amount required to be withheld by the

employer from the remuneration of the individual based on

dependents and exemptions for income taxes under 26 USC 3401 to

3406, and under section 351 of the income tax act of 1967, 1967 PA

281, MCL 206.351, and for old age and survivor's disability

insurance taxes under the federal insurance contributions act, 26

USC 3101 to 3128. For purposes of applying the table to an

individual's claim, a dependent shall be as defined in subdivision

(3). The table applicable to an individual's claim shall be the

table reflecting the number of dependents claimed by the individual

under subdivision (3). The commission shall adjust the tables based

on changes in withholding schedules published by the United States

department of treasury, internal revenue service, and by the

department of treasury. The number of dependents allowed shall be

determined with respect to each week of unemployment for which an

individual is claiming benefits.

(3) For benefit years beginning before October 1, 2000, a

dependent means any of the following persons who is are receiving

and for at least 90 consecutive days immediately before the week

for which benefits are claimed, or, in the case of a dependent

husband, wife, or child, for the duration of the marital or

parental relationship, if the relationship has existed less than 90

days, has received more than ~~half~~ 1/2 the cost of his or her

support from the individual claiming benefits:

(a) A child, including stepchild, adopted child, or grandchild

of the individual who is under 18 years of age, or 18 years of age

or over if, because of physical or mental infirmity, the child is

unable to engage in a gainful occupation, or is a full-time student

as defined by the particular educational institution, at a high

school, vocational school, community or junior college, or college

or university and has not attained the age of 22.

(b) The husband or wife of the individual.

parent is either more than 65 years of age or is permanently

disabled from engaging in a gainful occupation.

(d) A brother or sister of the individual if the brother or

sister is orphaned or the living parents are dependent parents of

an individual, and the brother or sister is under 18 years of age,

or 18 years of age or over if, because of physical or mental

infirmity, the brother or sister is unable to engage in a gainful

occupation, or is a full-time student as defined by the particular

educational institution, at a high school, vocational school,

community or junior college, or college or university and is less

than 22 years of age.

(4) For benefit years beginning on or after October 1, 2000, a

dependent means any of the following persons who received for at

least 90 consecutive days immediately before the first week of the

benefit year or, in the case of a dependent husband, wife, or

child, for the duration of the marital or parental relationship if

the relationship existed less than 90 days before the beginning of

the benefit year, has received more than 1/2 the cost of his or her

support from the individual claiming the benefits:

(a) A child, including stepchild, adopted child, or grandchild

of the individual who is under 18 years of age, or 18 years of age

and over if, because of physical or mental infirmity, the child is

unable to engage in a gainful occupation, or is a full-time student

as defined by the particular educational institution, at a high

school, vocational school, community or junior college, or college

or university and has not attained the age of 22.

(b) The husband or wife of the individual.

parent is either more than 65 years of age or is permanently

disabled from engaging in a gainful occupation.

(d) A brother or sister of the individual if the brother or

sister is orphaned or the living parents are dependent parents of

an individual, and the brother or sister is under 18 years of age,

or 18 years of age and over if, because of physical or mental

infirmity, the brother or sister is unable to engage in a gainful

occupation, or is a full-time student as defined by the particular

educational institution, at a high school, vocational school,

community or junior college, or college or university and is less

than 22 years of age.

(5) For benefit years beginning before October 1, 2000,

dependency status of a dependent, child or otherwise, once

established or fixed in favor of an individual continues during the

individual's benefit year until terminated. Dependency status of a

dependent terminates at the end of the week in which the dependent

ceases to be an individual described in subdivision (3)(a), (b),

(c), or (d) because of age, death, or divorce. For benefit years

beginning on or after October 1, 2000, the number of dependents

established for an individual at the beginning of the benefit year

shall remain in effect during the entire benefit year.

(6) For benefit years beginning before October 1, 2000,

failure on the part of an individual, due to misinformation or lack

of information, to furnish all information material for

determination of the number of the individual's dependents when the

individual files a claim for benefits with respect to a week is

good cause to issue a redetermination as to the amount of benefits

based on the number of the individual's dependents as of the

beginning date of that week. Dependency status of a dependent,

child or otherwise, once established or fixed in favor of a person

is not transferable to or usable by another person with respect to

the same week.

For benefit years beginning on or after October 1, 2000,

failure on the part of an individual, due to misinformation or lack

of information, to furnish all information material for

determination of the number of the individual's dependents is good

cause to issue a redetermination as to the amount of benefits based

on the number of the individual's dependents as of the beginning of

the benefit year.

eligible individuals:

(1) Each eligible individual shall be paid a weekly benefit

rate with respect to the week for which the individual earns or

receives no remuneration. Notwithstanding the definition of week in

section 50, if within 2 consecutive weeks in which an individual

was not unemployed within the meaning of section 48 there was a

period of 7 or more consecutive days for which the individual did

not earn or receive remuneration, that period shall be considered a

week for benefit purposes under this act if a claim for benefits

for that period is filed not later than 30 days after the end of

the period.

(2) Each eligible individual shall have his or her weekly

benefit rate reduced with respect to each week in which the

individual earns or receives remuneration at the rate of 50 cents

for each whole $1.00 of remuneration earned or received during that

week.

(3) An individual who receives or earns partial remuneration

may not receive a total of benefits and earnings that exceeds 1-1/2

times his or her weekly benefit amount. For each dollar of total

benefits and earnings that exceeds 1-1/2 times the individual's

weekly benefit amount, benefits shall be reduced by $1.00.

(4) If the reduction in a claimant's benefit rate for a week

in accordance with subdivision (2) or (3) results in a benefit rate

greater than zero for that week, the claimant's balance of weeks of

benefit payments shall be reduced by 1 week.

(5) All remuneration for work performed during a shift that

terminates on 1 day but that began on the preceding day shall be

considered to have been earned by the eligible individual on the

preceding day.

(d) For benefit years beginning before October 1, 2000, and

subject to subsection (f) and this subsection, the amount of

benefits to which an individual who is otherwise eligible is

entitled during a benefit year from an employer with respect to

employment during the base period is the amount obtained by

multiplying the weekly benefit rate with respect to that employment

by 3/4 of the number of credit weeks earned in the employment. For

the purpose of this subsection and section 20(c), if the resultant

product is not an even multiple of 1/2 the weekly benefit rate, the

product shall be raised to an amount equal to the next higher

multiple of 1/2 the weekly benefit rate, and, for an individual who

was employed by only 1 employer in the individual's base period and

earned 34 credit weeks with that employer, the product shall be

raised to the next higher multiple of the weekly benefit rate. The

maximum amount of benefits payable to an individual within a

benefit year, with respect to employment by an employer, shall not

exceed 26 times the weekly benefit rate with respect to that

employment. The maximum amount of benefits payable to an individual

within a benefit year shall not exceed the amount to which the

individual would be entitled for 26 weeks of unemployment in which

remuneration was not earned or received. The limitation of total

benefits set forth in this subsection does not apply to claimants

declared eligible for training benefits in accordance with

subsection (g). For benefit years beginning on or after October 1,

2000, and subject to subsection (f) and this subsection, the

maximum benefit amount payable to an individual in a benefit year

for purposes of this section and section 20(d) is the number of

weeks of benefits payable to an individual during the benefit year,

multiplied by the individual's weekly benefit rate. The number of

weeks of benefits payable to an individual shall be calculated by

taking 43% of the individual's base period wages and dividing the

result by the individual's weekly benefit rate. If the quotient is

not a whole or half number, the result shall be rounded down to the

nearest half number. However, not more than 26 weeks of benefits or

less than 14 weeks of benefits shall be payable to an individual in

a benefit year. The limitation of total benefits set forth in this

subsection does not apply to claimants declared eligible for

training benefits in accordance with subsection (g).

(e) When a claimant dies or is judicially declared insane or

mentally incompetent, unemployment compensation benefits accrued

and payable to that person for weeks of unemployment before death,

insanity, or incompetency, but not paid, shall become due and

payable to the person who is the legal heir or guardian of the

claimant or to any other person found by the commission to be

equitably entitled to the benefits by reason of having incurred

expense in behalf of the claimant for the claimant's burial or

other necessary expenses.

(f)(1) For benefit years beginning before October 1, 2000, and

notwithstanding any inconsistent provisions of this act, the weekly

benefit rate of each individual who is receiving or will receive a

"retirement benefit", as defined in subdivision (4), shall be

adjusted as provided in subparagraphs (a), (b), and (c). However,

an individual's extended benefit account and an individual's weekly

extended benefit rate under section 64 shall be established without

reduction under this subsection unless subdivision (5) is in

effect. Except as otherwise provided in this subsection, all other

provisions of this act continue to apply in connection with the

benefit claims of those retired persons.

(a) If and to the extent that unemployment benefits payable

under this act would be chargeable to an employer who has

contributed to the financing of a retirement plan under which the

claimant is receiving or will receive a retirement benefit yielding

a pro rata weekly amount equal to or larger than the claimant's

weekly benefit rate as otherwise established under this act, the

claimant shall not receive unemployment benefits that would be

chargeable to the employer under this act.

(b) If and to the extent that unemployment benefits payable

under this act would be chargeable to an employer who has

contributed to the financing of a retirement plan under which the

claimant is receiving or will receive a retirement benefit yielding

a pro rata weekly amount less than the claimant's weekly benefit

rate as otherwise established under this act, then the weekly

benefit rate otherwise payable to the claimant and chargeable to

the employer under this act shall be reduced by an amount equal to

the pro rata weekly amount, adjusted to the next lower multiple of

$1.00, which the claimant is receiving or will receive as a

retirement benefit.

be chargeable to an employer who has not contributed to the

financing of a retirement plan under which the claimant is

receiving or will receive a retirement benefit, then the weekly

benefit rate of the claimant as otherwise established under this

act shall not be reduced due to receipt of a retirement benefit.

(d) If the unemployment benefit payable under this act is

computed on the basis of multiemployer credit weeks and a portion

of the benefit is allocable under section 20(e) to an employer who

has contributed to the financing of a retirement plan under which

the claimant is receiving or will receive a retirement benefit, the

adjustments required by subparagraph (a) or (b) apply only to that

portion of the weekly benefit rate that would otherwise be

allocable and chargeable to the employer.

(2) If an individual's weekly benefit rate under this act was

established before the period for which the individual first

receives a retirement benefit, any benefits received after a

retirement benefit becomes payable shall be determined in

accordance with the formula stated in this subsection.

(3) When necessary to assure prompt payment of benefits, the

commission shall determine the pro rata weekly amount yielded by an

individual's retirement benefit based on the best information

currently available to it. In the absence of fraud, a determination

shall not be reconsidered unless it is established that the

individual's actual retirement benefit in fact differs from the

amount determined by $2.00 or more per week. The reconsideration

shall apply only to benefits as may be claimed after the

information on which the reconsideration is based was received by

the commission.

(4)(a) As used in this subsection, "retirement benefit" means

a benefit, annuity, or pension of any type or that part thereof

that is described in subparagraph (b) that is both:

(i) Provided as an incident of employment under an established

retirement plan, policy, or agreement, including federal social

security if subdivision (5) is in effect.

(ii) Payable to an individual because the individual has

qualified on the basis of attained age, length of service, or

disability, whether or not the individual retired or was retired

from employment. Amounts paid to individuals in the course of

liquidation of a private pension or retirement fund because of

termination of the business or of a plant or department of the

business of the employer involved are not retirement benefits.

(b) If a benefit as described in subparagraph (a) is payable

or paid to the individual under a plan to which the individual has

contributed:

(i) Less than ~~half~~ 1/2 of the cost of the benefit, then only

~~half~~ 1/2 of the benefit is treated as a retirement benefit.

(ii) ~~Half~~ One-half or more of the cost of the benefit, then

none of the benefit is treated as a retirement benefit.

contribution to the cost of his or her retirement benefit for the

purpose of subparagraph (b) is upon the employer who has

contributed to the plan under which a benefit is provided.

(5) Notwithstanding any other provision of this subsection,

for any week that begins after March 31, 1980, and with respect to

which an individual is receiving a governmental or other pension

and claiming unemployment compensation, the weekly benefit amount

payable to the individual for those weeks shall be reduced, but not

below zero, by the entire prorated weekly amount of any

governmental or other pension, retirement or retired pay, annuity,

or any other similar payment that is based on any previous work of

the individual. This reduction shall be made only if it is required

as a condition for full tax credit against the tax imposed by the

federal unemployment tax act, 26 USC 3301 to 3311.

(6) For benefit years beginning on or after October 1, 2000,

notwithstanding any inconsistent provisions of this act, the weekly

benefit rate of each individual who is receiving or will receive a

retirement benefit, as defined in subdivision (4), shall be

adjusted as provided in subparagraphs (a), (b), and (c). However,

an individual's extended benefit account and an individual's weekly

extended benefit rate under section 64 shall be established without

reduction under this subsection, unless subdivision (5) is in

effect. Except as otherwise provided in this subsection, all the

other provisions of this act apply to the benefit claims of those

retired persons. However, if the reduction would impair the full

tax credit against the tax imposed by the federal unemployment tax

act, 26 USC 3301 to 3311, unemployment benefits shall not be

reduced as provided in subparagraphs (a), (b), and (c) for receipt

of any governmental or other pension, retirement or retired pay,

annuity, or other similar payment that was not includable in the

gross income of the individual for the taxable year in which it was

received because it was a part of a rollover distribution.

(a) If any base period or chargeable employer has contributed

to the financing of a retirement plan under which the claimant is

receiving or will receive a retirement benefit yielding a pro rata

weekly amount equal to or larger than the claimant's weekly benefit

rate as otherwise established under this act, the claimant shall

not receive unemployment benefits.

(b) If any base period employer or chargeable employer has

contributed to the financing of a retirement plan under which the

claimant is receiving or will receive a retirement benefit yielding

a pro rata weekly amount less than the claimant's weekly benefit

rate as otherwise established under this act, then the weekly

benefit rate otherwise payable to the claimant shall be reduced by

an amount equal to the pro rata weekly amount, adjusted to the next

lower multiple of $1.00, which the claimant is receiving or will

receive as a retirement benefit.

to the financing of a retirement plan under which the claimant is

receiving or will receive a retirement benefit, then the weekly

benefit rate of the claimant as otherwise established under this

act shall not be reduced due to receipt of a retirement benefit.

(g) Notwithstanding any other provision of this act, for a

compensable week beginning before 8 months after the effective date

of the 2011 amendatory act that amended this subsection, an

individual pursuing vocational training or retraining pursuant to

section 28(2) who has exhausted all benefits available under

subsection (d) may be paid for each week of approved vocational

training pursued beyond the date of exhaustion a benefit amount in

accordance with subsection (c), but not in excess of the

individual's most recent weekly benefit rate. However, for a

compensable week beginning before 8 months after the effective date

of the 2011 amendatory act that amended this subsection, an

individual shall not be paid training benefits totaling more than

18 times the individual's most recent weekly benefit rate. For a

compensable week beginning 8 months or more after the effective

date of the 2011 amendatory act that amended this subsection, an

unemployed individual who is satisfactorily pursuing vocational

training or retraining pursuant to section 28(2) or the workforce

investment act of 1998, Public Law 105-220, in preparation for

entry into a high-demand occupation following separation from a

declining occupation or involuntary and indefinite separation from

employment in which permanent operations have been reduced, and who

has exhausted all benefits available under subsection (d) shall be

paid for each week of participation in approved vocational training

pursued beyond the date of exhaustion a benefit amount in

accordance with subsection (c), but not in excess of the

individual's most recent weekly benefit rate. However, for a

compensable week beginning 8 months or more after the effective

date of the 2011 amendatory act that amended this subsection, an

individual shall not be paid training benefits totaling more than

26 times the individual's most recent weekly benefit rate. For a

compensable week beginning 8 months or more after the effective

date of the 2011 amendatory act that amended this subsection,

training benefits are payable to the extent permitted under federal

law only after an individual exhausts eligibility for benefits

under any federal program of unemployment compensation or of the

federal-state extended unemployment compensation act of 1970, title

II of Public Law 91-373, codified at 26 USC 3304 nt. For a

compensable week beginning 8 months or more after the effective

date of the 2011 amendatory act that amended this subsection,

training benefits shall not be paid under this subsection to an

individual who is receiving a similar stipend or other training

allowance for nontraining costs. An occupation that is a "high

demand occupation" or that is a "declining occupation" for purposes

of this subsection shall be determined by the bureau of labor

market information and strategic initiatives of the department of

energy, labor, and economic growth. The expiration or termination

of a benefit year shall not stop or interrupt payment of training

benefits if the training for which the benefits were granted began

before expiration or termination of the benefit year.

(h) A payment of accrued unemployment benefits shall not be

made to an eligible individual or in behalf of that individual as

provided in subsection (e) more than 6 years after the ending date

of the benefit year covering the payment or 2 calendar years after

the calendar year in which there is final disposition of a

contested case, whichever is later.

(i) Benefits based on service in employment described in

section 42(8), (9), and (10) are payable in the same amount, on the

same terms, and subject to the same conditions as compensation

payable on the basis of other service subject to this act, except

that:

(1) With respect to service performed in an instructional,

research, or principal administrative capacity for an institution

of higher education as defined in section 53(2), or for an

educational institution other than an institution of higher

education as defined in section 53(3), benefits shall not be paid

to an individual based on those services for any week of

unemployment beginning after December 31, 1977 that commences

during the period between 2 successive academic years or during a

similar period between 2 regular terms, whether or not successive,

or during a period of paid sabbatical leave provided for in the

individual's contract, to an individual if the individual performs

the service in the first of the academic years or terms and if

there is a contract or a reasonable assurance that the individual

will perform service in an instructional, research, or principal

administrative capacity for an institution of higher education or

an educational institution other than an institution of higher

education in the second of the academic years or terms, whether or

not the terms are successive.

(2) With respect to service performed in other than an

instructional, research, or principal administrative capacity for

an institution of higher education as defined in section 53(2) or

for an educational institution other than an institution of higher

education as defined in section 53(3), benefits shall not be paid

based on those services for any week of unemployment beginning

after December 31, 1977 that commences during the period between 2

successive academic years or terms to any individual if that

individual performs the service in the first of the academic years

or terms and if there is a reasonable assurance that the individual

will perform the service for an institution of higher education or

an educational institution other than an institution of higher

education in the second of the academic years or terms.

(3) With respect to any service described in subdivision (1)

or (2), benefits shall not be paid to an individual based upon

service for any week of unemployment that commences during an

established and customary vacation period or holiday recess if the

individual performs the service in the period immediately before

the vacation period or holiday recess and there is a contract or

reasonable assurance that the individual will perform the service

in the period immediately following the vacation period or holiday

recess.

(4) If benefits are denied to an individual for any week

solely as a result of subdivision (2) and the individual was not

offered an opportunity to perform in the second academic year or

term the service for which reasonable assurance had been given, the

individual is entitled to a retroactive payment of benefits for

each week for which the individual had previously filed a timely

claim for benefits. An individual entitled to benefits under this

subdivision may apply for those benefits by mail in accordance with

R 421.210 of the Michigan administrative code as promulgated by the

commission.

(5) Benefits based upon services in other than an

instructional, research, or principal administrative capacity for

an institution of higher education shall not be denied for any week

of unemployment commencing during the period between 2 successive

academic years or terms solely because the individual had performed

the service in the first of the academic years or terms and there

is reasonable assurance that the individual will perform the

service for an institution of higher education or an educational

institution other than an institution of higher education in the

second of the academic years or terms, unless a denial is required

as a condition for full tax credit against the tax imposed by the

federal unemployment tax act, 26 USC 3301 to 3311.

(6) For benefit years established before October 1, 2000, and

notwithstanding subdivisions (1), (2), and (3), the denial of

benefits does not prevent an individual from completing

requalifying weeks in accordance with section 29(3) nor does the

denial prevent an individual from receiving benefits based on

service with an employer other than an educational institution for

any week of unemployment occurring between academic years or terms,

whether or not successive, or during an established and customary

vacation period or holiday recess, even though the employer is not

the most recent chargeable employer in the individual's base

period. However, in that case section 20(b) applies to the sequence

of benefit charging, except for the employment with the educational

institution, and section 50(b) applies to the calculation of credit

weeks. When a denial of benefits under subdivision (1) no longer

applies, benefits shall be charged in accordance with the normal

sequence of charging as provided in section 20(b).

(7) For benefit years beginning on or after October 1, 2000,

and notwithstanding subdivisions (1), (2), and (3), the denial of

benefits shall not prevent an individual from completing

requalifying weeks in accordance with section 29(3) nor shall the

denial prevent an individual from receiving benefits based on

service with another base period employer other than an educational

institution for any week of unemployment occurring between academic

years or terms, whether or not successive, or during an established

and customary vacation period or holiday recess. However, when

benefits are paid based on service with 1 or more base period

employers other than an educational institution, the individual's

weekly benefit rate shall be calculated in accordance with

subsection (b)(1) but during the denial period the individual's

weekly benefit payment shall be reduced by the portion of the

payment attributable to base period wages paid by an educational

institution and the account or experience account of the

educational institution shall not be charged for benefits payable

to the individual. When a denial of benefits under subdivision (1)

is no longer applicable, benefits shall be paid and charged on the

basis of base period wages with each of the base period employers

including the educational institution.

(8) For the purposes of this subsection, "academic year" means

that period, as defined by the educational institution, when

classes are in session for that length of time required for

students to receive sufficient instruction or earn sufficient

credit to complete academic requirements for a particular grade

level or to complete instruction in a noncredit course.

(9) In accordance with subdivisions (1), (2), and (3),

benefits for any week of unemployment shall be denied to an

individual who performed services described in subdivision (1),

(2), or (3) in an educational institution while in the employ of an

educational service agency. For the purpose of this subdivision,

"educational service agency" means a governmental agency or

governmental entity that is established and operated exclusively

for the purpose of providing the services to 1 or more educational

institutions.

(j) Benefits shall not be paid to an individual on the basis

of any base period services, substantially all of which consist of

participating in sports or athletic events or training or preparing

to participate, for a week that commences during the period between

2 successive sport seasons or similar periods if the individual

performed the services in the first of the seasons or similar

periods and there is a reasonable assurance that the individual

will perform the services in the later of the seasons or similar

periods.

(k)(1) Benefits are not payable on the basis of services

performed by an alien unless the alien is an individual who was

lawfully admitted for permanent residence at the time the services

were performed, was lawfully present for the purpose of performing

the services, or was permanently residing in the United States

under color of law at the time the services were performed,

including an alien who was lawfully present in the United States

under section 212(d)(5) of the immigration and nationality act, 8

USC 1182.

~~(2) Any data or information required of individuals applying~~

~~for benefits to determine whether benefits are payable because of~~

~~their alien status are uniformly required from all applicants for~~

~~benefits.~~

(2) The unemployment agency shall require each individual who

applies for benefits to supply information sufficient to determine

citizenship or alien status eligibility in accord with the

requirements of section 1137(d) of the social security act, 42 USC

1320b-7(d).

(3) If an individual's application for benefits would

otherwise be approved, a determination that benefits to that

individual are not payable because of the individual's alien status

shall not be made except upon a preponderance of the evidence.

(m)(1) An individual filing a new claim for unemployment

compensation under this act, at the time of filing the claim, shall

disclose whether the individual owes child support obligations as

defined in this subsection. If an individual discloses that he or

she owes child support obligations and is determined to be eligible

for unemployment compensation, the commission shall notify the

state or local child support enforcement agency enforcing the

obligation that the individual has been determined to be eligible

for unemployment compensation.

(2) Notwithstanding section 30, the commission shall deduct

and withhold from any unemployment compensation payable to an

individual who owes child support obligations by using whichever of

the following methods results in the greatest amount:

(a) The amount, if any, specified by the individual to be

deducted and withheld under this subdivision.

(b) The amount, if any, determined pursuant to an agreement

submitted to the commission under 42 USC 654(19)(b)(i), by the

state or local child support enforcement agency.

from unemployment compensation by legal process, as that term is

defined in 42 USC 659(i)(5), properly served upon the commission.

(3) The amount of unemployment compensation subject to

deduction under subdivision (2) is that portion that remains

payable to the individual after application of the recoupment

provisions of section 62(a) and the reduction provisions of

subsections (c) and (f).

(4) Any amount deducted and withheld under subdivision (2)

shall be paid by the commission to the appropriate state or local

child support enforcement agency.

(5) Any amount deducted and withheld under subdivision (2)

shall be treated for all purposes as if it were paid to the

individual as unemployment compensation and paid by the individual

to the state or local child support enforcement agency in

satisfaction of the individual's child support obligations.

(6) Provisions concerning deductions under this subsection

apply only if the state or local child support enforcement agency

agrees in writing to reimburse and does reimburse the commission

for the administrative costs incurred by the commission under this

subsection that are attributable to child support obligations being

enforced by the state or local child support enforcement agency.

The administrative costs incurred shall be determined by the

commission. The commission, in its discretion, may require payment

of administrative costs in advance.

(7) As used in this subsection:

(a) "Unemployment compensation", for purposes of subdivisions

(1) to (5), means any compensation payable under this act,

including amounts payable by the commission pursuant to an

agreement under any federal law providing for compensation,

assistance, or allowances with respect to unemployment.

(b) "Child support obligations" includes only obligations that

are being enforced pursuant to a plan described in 42 USC 654 that

has been approved by the secretary of health and human services

under 42 USC 651 to 669b.

any agency of this state or a political subdivision of this state

operating pursuant to a plan described in subparagraph (b).

(n) Subsection (i)(2) applies to services performed by school

bus drivers employed by a private contributing employer holding a

contractual relationship with an educational institution, but only

if at least 75% of the individual's base period wages with that

employer are attributable to services performed as a school bus

driver.

(o)(1) For weeks of unemployment beginning after July 1, 1996,

unemployment benefits based on services by a seasonal worker

performed in seasonal employment are payable only for weeks of

unemployment that occur during the normal seasonal work period.

Benefits shall not be paid based on services performed in seasonal

employment for any week of unemployment beginning after March 28,

1996 that begins during the period between 2 successive normal

seasonal work periods to any individual if that individual performs

the service in the first of the normal seasonal work periods and if

there is a reasonable assurance that the individual will perform

the service for a seasonal employer in the second of the normal

seasonal work periods. If benefits are denied to an individual for

any week solely as a result of this subsection and the individual

is not offered an opportunity to perform in the second normal

seasonal work period for which reasonable assurance of employment

had been given, the individual is entitled to a retroactive payment

of benefits under this subsection for each week that the individual

previously filed a timely claim for benefits. An individual may

apply for any retroactive benefits under this subsection in

accordance with R 421.210 of the Michigan administrative code.

(2) Not less than 20 days before the estimated beginning date

of a normal seasonal work period, an employer may apply to the

commission in writing for designation as a seasonal employer. At

the time of application, the employer shall conspicuously display a

copy of the application on the employer's premises. Within 90 days

after receipt of the application, the commission shall determine if

the employer is a seasonal employer. A determination or

redetermination of the commission concerning the status of an

employer as a seasonal employer, or a decision of a referee or the

board of review, or of the courts of this state concerning the

status of an employer as a seasonal employer, which has become

final, together with the record thereof, may be introduced in any

proceeding involving a claim for benefits, and the facts found and

decision issued in the determination, redetermination, or decision

shall be conclusive unless substantial evidence to the contrary is

introduced by or on behalf of the claimant.

(3) If the employer is determined to be a seasonal employer,

the employer shall conspicuously display on its premises a notice

of the determination and the beginning and ending dates of the

employer's normal seasonal work periods. The notice shall be

furnished by the commission. The notice shall additionally specify

that an employee must timely apply for unemployment benefits at the

end of a first seasonal work period to preserve his or her right to

receive retroactive unemployment benefits if he or she is not

reemployed by the seasonal employer in the second of the normal

seasonal work periods.

(4) The commission may issue a determination terminating an

employer's status as a seasonal employer on the commission's own

motion for good cause, or upon the written request of the employer.

A termination determination under this subdivision terminates an

employer's status as a seasonal employer, and becomes effective on

the beginning date of the normal seasonal work period that would

have immediately followed the date the commission issues the

determination. A determination under this subdivision is subject to

review in the same manner and to the same extent as any other

determination under this act.

(5) An employer whose status as a seasonal employer is

terminated under subdivision (4) may not reapply for a seasonal

employer status determination until after a regularly recurring

normal seasonal work period has begun and ended.

(6) If a seasonal employer informs an employee who received

assurance of being rehired that, despite the assurance, the

employee will not be rehired at the beginning of the employer's

next normal seasonal work period, this subsection does not prevent

the employee from receiving unemployment benefits in the same

manner and to the same extent he or she would receive benefits

under this act from an employer who has not been determined to be a

seasonal employer.

(7) A successor of a seasonal employer is considered to be a

seasonal employer unless the successor provides the commission,

within 120 days after the transfer, with a written request for

termination of its status as a seasonal employer in accordance with

subdivision (4).

(8) At the time an employee is hired by a seasonal employer,

the employer shall notify the employee in writing if the employee

will be a seasonal worker. The employer shall provide the worker

with written notice of any subsequent change in the employee's

status as a seasonal worker. If an employee of a seasonal employer

is denied benefits because that employee is a seasonal worker, the

employee may contest that designation in accordance with section

32a.

(9) As used in this subsection:

(a) "Construction industry" means the work activity designated

in sector group 23 � construction of the North American

classification system � United States office of management and

budget, 1997 edition.

(b) "Normal seasonal work period" means that period or those

periods of time determined under rules promulgated by the

commission during which an individual is employed in seasonal

employment.

individuals primarily hired to perform services in an industry,

other than the construction industry, that does either of the

following:

(1) Customarily operates during regularly recurring periods of

26 weeks or less in any 52-consecutive-week period.

(2) Customarily employs at least 50% of its employees for

regularly recurring periods of 26 weeks or less within a period of

52 consecutive weeks.

(d) "Seasonal employer" means an employer, other than an

employer in the construction industry, who applies to the

commission for designation as a seasonal employer and who the

commission determines to be an employer whose operations and

business are substantially engaged in seasonal employment.

(e) "Seasonal worker" means a worker who has been paid wages

by a seasonal employer for work performed only during the normal

seasonal work period.

(10) This subsection does not apply if the United States

department of labor finds it to be contrary to the federal

unemployment tax act, 26 USC 3301 to 3311, or the social security

act, chapter 531, 49 Stat. 620, and if conformity with the federal

law is required as a condition for full tax credit against the tax

imposed under the federal unemployment tax act, 26 USC 3301 to

3311, or as a condition for receipt by the commission of federal

administrative grant funds under the social security act, chapter

531, 49 Stat. 620.

(p) Benefits shall not be paid to an individual based upon his

or her services as a school crossing guard for any week of

unemployment that begins between 2 successive academic years or

terms, if that individual performs the services of a school

crossing guard in the first of the academic years or terms and has

a reasonable assurance that he or she will perform those services

in the second of the academic years or terms.

Sec. 28. (1) An unemployed individual ~~shall be~~ is eligible to

receive benefits with respect to any week only if the commission

finds that:

(a) For benefit years established before ~~the conversion date~~

~~prescribed in section 75~~ October 1, 2000, the individual has

registered for work at and thereafter has continued to report at an

employment office in accordance with ~~such~~ the rules as that the

commission ~~may prescribe~~ prescribes and is seeking work. The

requirements that the individual must report at an employment

office, must register for work, must be available to perform

suitable full-time work, and must seek work may be waived by the

commission if the individual is laid off and the employer who laid

the individual off notifies the commission in writing or by

computerized data exchange that the layoff is temporary and that

work is expected to be available for the individual within a

declared number of days, not to exceed 45 calendar days following

the last day the individual worked. This waiver ~~shall not be~~ is not

effective unless the notification from the employer has been

received by the commission before the individual has completed his

or her first compensable week following layoff. If the individual

is not recalled within the specified period, the waiver shall cease

to be operative with respect to that layoff. Except for a period of

disqualification, the requirement that the individual ~~shall~~ seek

work may be waived by the commission ~~where~~ if it finds that

suitable work is unavailable both in the locality where the

individual resides and in those localities in which the individual

has earned base period credit weeks. This waiver ~~shall~~ does not

apply, for weeks of unemployment beginning on or after March 1,

1981, to a claimant enrolled and attending classes as a full-time

student. An individual ~~shall have~~ has satisfied the requirement of

personal reporting at an employment office, as applied to a week in

a period during which the requirements of registration and seeking

work have been waived by the commission pursuant to this

subdivision, if the individual has satisfied the personal reporting

requirement with respect to a preceding week in that period and the

individual has reported with respect to the week by mail in

accordance with the rules promulgated by the commission. For

benefit years established ~~after the conversion date prescribed in~~

~~section 75~~ on or after October 1, 2000 and except as otherwise

provided in this section, the individual has registered for work

and has continued to report in accordance with ~~such~~ the rules as

the commission ~~may prescribe~~ prescribes and is seeking work. The

requirements that the individual must report, must register for

work, must be available to perform suitable full-time work, and

must seek work may be waived by the commission if the individual is

laid off and the employer who laid the individual off notifies the

commission in writing or by computerized data exchange that the

layoff is temporary and that work is expected to be available for

the individual within a declared number of days, not to exceed 45

calendar days following the last day the individual worked. This

waiver ~~shall not be~~ is not effective unless the notification from

the employer has been received by the commission before the

individual has completed his or her first compensable week

following layoff. If the individual is not recalled within the

specified period, the waiver shall cease to be operative with

respect to that layoff. Except for a period of disqualification,

the requirement that the individual ~~shall~~ seek work may be waived

by the commission ~~where~~ if it finds that suitable work is

unavailable both in the locality where the individual resides and

in those localities in which the individual has earned wages during

or after the base period. This waiver ~~shall~~ does not apply to a

claimant enrolled in and attending classes as a full-time student.

An individual ~~shall be~~ is considered to have satisfied the

requirement of personal reporting at an employment office, as

applied to a week in a period during which the requirements of

registration and seeking work have been waived by the commission

pursuant to this subdivision, if the individual has satisfied the

personal reporting requirement with respect to a preceding week in

that period and the individual has reported with respect to the

week by mail in accordance with the rules promulgated by the

commission.

(b) The individual has made a claim for benefits in accordance

with section 32 and has provided the commission with his or her

social security number.

full-time work of a character ~~which~~ that the individual is

qualified to perform by past experience or training; , which is of

a character generally similar to work for which the individual has

previously received wages; , and, except as provided in this

section, for which the individual is available, full time, either

at a locality at which the individual earned wages for insured work

during his or her base period or at a locality where ~~it is found by~~

the commission finds that such work is available.

(d) ~~In the event of~~ On the death of an individual's immediate

family member, the eligibility requirements of availability and

reporting shall be waived for the day of the death and for 4

consecutive calendar days thereafter. As used in this subdivision,

"immediate family member" means a spouse, child, stepchild, adopted

child, grandchild, parent, grandparent, brother, or sister of the

individual or his or her spouse. It ~~shall~~ also ~~include~~ includes the

spouse of any of the persons specified in the previous sentence.

(e) The individual participates in reemployment services, such

as job search assistance services, if the individual has been

determined or redetermined by the commission to be likely to

exhaust regular benefits and need reemployment services pursuant to

a profiling system established by the commission.

(2) The commission may authorize an individual with an

unexpired benefit year to pursue vocational training or retraining

only if the commission finds that:

(a) Reasonable opportunities for employment in occupations for

which the individual is fitted by training and experience do not

exist in the locality in which the individual is claiming benefits.

(b) The vocational training course relates to an occupation or

skill for which there are, or are expected to be in the immediate

future, reasonable employment opportunities.

council on which both management and labor are represented, or if

there is no local advisory council, by the commission.

(d) The individual has the required qualifications and

aptitudes to complete the course successfully.

(e) The vocational training course has been approved by the

state board of education and is maintained by a public or private

school or by the commission.

(3) Notwithstanding any other provision of this act, an

otherwise eligible individual shall not be ineligible for benefits

because he or she is participating in training with the approval of

the commission or in a job training program authorized under the

workforce investment act of 1998, Public Law 105-220. For each week

that the commission finds that an individual who is claiming

benefits under this act and who is ~~participating in training with~~

~~the approval of the commission, is~~ satisfactorily pursuing an the

approved ~~course of vocational~~ or authorized training, it shall

waive the requirements that he or she be available for work and be

seeking work as prescribed in subsection (1)(a) and (c), and it

~~shall find~~ is good cause for his or her failure to apply for

suitable work, report to a former employer for an interview

concerning suitable work, or accept suitable work as required in

section 29(1)(c), (d), and (e).

(4) The waiver of the requirement that a claimant seek work,

as provided in subsection (1)(a), ~~shall not be applicable~~ does not

apply to weeks of unemployment for which the claimant is claiming

extended benefits if section ~~64(8)(a)(~~ii) 64(7)(a)(ii) is in effect,

unless the individual is participating in training approved by the

commission.

(5) Notwithstanding any other provisions of this act, an

otherwise eligible individual shall not be denied benefits for any

week beginning after October 30, 1982 solely because the individual

is in training approved under section 236(a)(1) of the trade act of

1974, as amended, 19 ~~U.S.C.~~ USC 2296, nor shall the individual be

denied benefits by reason of leaving work to enter ~~such~~ that

training if the work left is not suitable employment. Furthermore,

an otherwise eligible individual shall not be denied benefits

because of the application to any such week in training of

provisions of this act, or any applicable federal unemployment

compensation law, relating to availability for work, active search

for work, or refusal to accept work. For purposes of this

subsection, "suitable employment" means, with respect to an

individual, work of a substantially equal or higher skill level

than the individual's past adversely affected employment, as

defined for purposes of the trade act of 1974, 19 ~~U.S.C.~~ USC 2101

to 2495, and wages for that work at not less than 80% of the

individual's average weekly wage as determined for the purposes of

the trade act of 1974.

(6) Notwithstanding any other provision of this act, for

benefit years beginning after January 1, 2012, if a majority of the

weeks of work in an individual's base period include part-time

work, an otherwise eligible individual shall not be denied benefits

for any week solely because of 1 or more of the following:

(a) The individual is available only for part-time work.

(b) The individual is seeking only part-time work.

(7) Subsection (6) does not remove the disqualification for

benefits that applies under section 29(1) if an individual

voluntarily leaves part-time work.

(8) For purposes of this section, during an individual's base

period "part-time work" means work that is less than 40 hours in a

calendar week. During an individual's benefit year, "part-time

work" means work that is not less than 16 hours but is less than 40

hours in a calendar week and is comparable in the number of hours

in a calendar week to the number of hours of work in a majority of

calendar weeks of work in the individual's base period.

LegiScan Search

View Top 50 Searches

LegiScan Info

Price List

Voter Registration

Governor Deadlines &
Effective Dates

LegiScan Trends

View Top 50 National

US HB8219 Lahaina National Heritage Area Study Act

NJ S3841 Increases threshold for imposition of certain fees and taxes on certain...

AR HB1035 To Create The Online Voter Registration Act Of 2025; To Allow Online Voter...

US HB10163 Housing to Homes Act of 2024

AR HB1028 To Amend Provisions Of The Law Concerning Obscenity And The Process For...

TX HB992 Relating to the eligibility for an order of nondisclosure of criminal history...

US HB6140 FAST PASS Act Facilitating Access to Swiftly Transport Goods during a Publicly...

TN HB0006 AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative...

TN HB0008 AN ACT to amend Tennessee Code Annotated, Title 4; Title 38 and Section...

TN SB0004 AN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative...

Main menu

Bill Text: MI HB4166 | 2011-2012 | 96th Legislature | Introduced

Michigan House Bill 4166 (Prior Session Legislation)

HOUSE BILL No. 4166

LegiScan Search

LegiScan Info

LegiScan Trends