Bill Text: MI HB5886 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Employment security: claimants; provisions regarding seasonal workers; eliminate. Amends secs. 27 & 28b of 1936 (Ex Sess) PA 1 (MCL 421.27 & 421.28b).
Spectrum: Partisan Bill (Democrat 39-0)
Status: (Introduced - Dead) 2020-06-24 - Bill Electronically Reproduced 06/23/2020 [HB5886 Detail]
Download: Michigan-2019-HB5886-Introduced.html
HOUSE BILL NO. 5886
June 23, 2020, Introduced by Reps. Kennedy,
Sabo, Rabhi, Guerra, Gay-Dagnogo, Peterson, Elder, Pohutsky, Tate, Yancey,
Lasinski, Brixie, Hood, Hertel, Cherry, Hoadley, Ellison, Manoogian,
LaGrand, Stone, Koleszar, Hammoud, Sneller, Hope, Tyrone Carter, Bolden,
Garza, Chirkun, Kuppa, Pagan, Haadsma, Warren, Cambensy, Shannon,
Wittenberg, Brenda Carter, Clemente, Jones and Anthony and referred to the
Committee on Government Operations.
A bill to amend 1936 (Ex Sess) PA 1,
entitled
"Michigan employment security act,"
by amending sections 27 and 28b (MCL 421.27 and 421.28b), section 27 as amended by 2016 PA 522 and section 28b as added by 2012 PA 216.
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 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 are payable
in person or by mail through employment security offices in accordance with
rules promulgated by the unemployment agency.
(b)(1) Subject to
subsection (f), the weekly benefit rate for an individual, with respect to
benefit years beginning before October 1, 2000, is 67% of the individual's
average after tax weekly wage, except that the individual's maximum weekly
benefit rate must 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 must 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 must 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 must 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 is computed on the basis of the 12 months ending the June 30 immediately
before that calendar year.
(3) For benefit years
beginning before October 1, 2000, a dependent means any of the following
persons who 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 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.
(c) The legal father or
mother of the individual if that 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.
(c) The legal father or
mother of the individual if that 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) 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) 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.
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.
(c) Subject to subsection
(f), all of the following apply to eligible individuals:
(1) Each eligible
individual must 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 is 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) The weekly benefit
rate is reduced with respect to each week in which the eligible individual
earns or receives remuneration at the rate of 40 cents for each whole $1.00 of
remuneration earned or received during that week. Beginning October 1, 2015, an
eligible individual's weekly benefit rate is reduced at the rate of 50 cents
for each whole $1.00 of remuneration in which the eligible individual earns or
receives remuneration in that benefit week. The weekly benefit rate is not
reduced under this subdivision for remuneration received for on-call or
training services as a volunteer firefighter, if the volunteer firefighter
receives less than $10,000.00 in a calendar year for services as a volunteer
firefighter.
(3) An individual who
receives or earns partial remuneration may not receive a total of benefits and
earnings that exceeds 1-3/5 times his or her weekly benefit amount. For each
dollar of total benefits and earnings that exceeds 1-3/5 times the individual's
weekly benefit amount, benefits are reduced by $1.00. Beginning October 1,
2015, the total benefits and earnings for an individual who receives or earns
partial remuneration may not exceed 1-1/2 times his or her weekly benefit
amount. The individual's benefits are reduced by $1.00 for each dollar by which
the total benefits and earnings exceed 1-1/2 times the individual's weekly
benefit amount.
(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 is 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 is considered to have been earned by the eligible individual on
the preceding day.
(6) The unemployment
agency shall report annually to the legislature the following information with
regard to subdivisions (2) and (3):
(a) The number of
individuals whose weekly benefit rate was reduced at the rate of 40 or 50 cents
for each whole $1.00 of remuneration earned or received over the immediately
preceding calendar year.
(b) The number of
individuals who received or earned partial remuneration at or exceeding the
applicable limit of 1-1/2 or 1-3/5 times their weekly benefit amount prescribed
in subdivision (3) for any 1 or more weeks during the immediately preceding
calendar year.
(7) The unemployment
agency shall not use prorated quarterly wages to establish a reduction in
benefits under this subsection.
(d) 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 is rounded down
to the nearest half number. However, for each eligible individual filing an
initial claim before January 15, 2012, not more than 26 weeks of benefits or
less than 14 weeks of benefits are payable to an individual in a benefit year.
For each eligible individual filing an initial claim on or after January 15,
2012, not more than 20 weeks of benefits or less than 14 weeks of benefits are
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, 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), is 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 is 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 must 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 is 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.
(c) If the unemployment
benefit payable under this act would 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 is not 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 must 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
must 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 applies only to benefits that 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 1/2 of
the cost of the benefit, then only 1/2 of the benefit is treated as a
retirement benefit.
(ii) One-half or more
of the cost of the benefit, then none of the benefit is treated as a retirement
benefit.
(c) The burden of establishing the extent of an individual's
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 is 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 is 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), is 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 is 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 are
not 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 is not eligible to 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
is 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.
(c) If no base period or separating employer has 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.
(g) Notwithstanding any other provision of this act, 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, an individual must not
be paid training benefits totaling more than 18 times the individual's most
recent weekly benefit rate. The expiration or termination of a benefit year
does 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 is not payable
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
are not payable 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 are not payable 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 are not payable 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 are not 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 are 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 does
not prevent an individual from completing requalifying weeks in accordance with
section 29(3) and does not 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, if benefits are paid based on
service with 1 or more base period employers other than an educational
institution, the individual's weekly benefit rate is calculated in accordance
with subsection (b)(1) but during the denial period the individual's weekly
benefit payment is 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 is not charged for benefits payable to
the individual. When a denial of benefits under subdivision (1) is no longer
applicable, benefits are 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 are 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 are not payable 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.
(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 must 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
unemployment agency 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 unemployment agency 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.
(c) Any amount otherwise required to be deducted and withheld
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) The unemployment agency shall pay any amount deducted and
withheld under subdivision (2) to the appropriate state or local child support
enforcement agency.
(5) Any amount deducted and withheld under subdivision (2) is
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 unemployment agency for the
administrative costs incurred by the unemployment agency 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
are determined by the unemployment agency. The unemployment agency, 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 unemployment agency 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.
(c) "State or local child support enforcement
agency" means 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. Subsection (i)(1) and (2) but not subsection
(i)(3) applies to other services described in those subdivisions that are
performed by any employees under an employer's contract with an educational
institution or an educational service agency.
(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 are not payable 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 an administrative law judge, the Michigan
compensation appellate commission, or 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 is 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 commission shall furnish the notice. The notice must
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 unemployment
agency during which an individual is employed in seasonal employment.
(c) "Seasonal employment" means the employment of 1
or more individuals primarily hired to perform services during regularly
recurring periods of 26 weeks or less in any 52-week period other than services
in the construction industry.
(d) "Seasonal employer" means an employer, other
than an employer in the construction industry, who applies to the unemployment
agency for designation as a seasonal employer and who the unemployment agency
determines is an employer whose operations and business require employees
engaged in seasonal employment. A seasonal employer designation under this act
need not correspond to a category assigned under the North American
classification system — United States Office of Management and Budget.
(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.
(o) (p) Benefits are not payable 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. 28b. As used in this section and sections 28c to
28m:
(a) "Affected
unit" means a department, shift, or other organizational unit of 2 or more
employees that is designated by an employer to participate in a shared-work plan.
(b) "Approved
shared-work plan" means an employer's shared-work plan that meets the
requirements of section 28d and that the unemployment agency approves in
writing.
(c) "Fringe
benefit" means health insurance, a retirement benefit received under a pension
plan or defined contribution plan, a paid vacation day, a paid holiday, sick
leave, or any other similar employee benefit provided by an employer.
(d) "Normal weekly
hours of work" means the established standard work times and number of
hours in the workweek for the position or, if standard work times and number of
hours have not been established for the position, the work times and average
number of hours per week actually worked by the employee in that position over
the most recent 3 months before the employer files the application for
designation as a participating employer.
(e) "Participating
employee" means an employee in the affected unit whose hours of work are
reduced by the reduction percentage under the shared-work plan. Participating
employee does not include a seasonal worker
as defined in section 27(o)(9)(e) or a worker employed on a
temporary or intermittent basis.
(f) "Participating
employer" means an employer that has a shared-work plan in effect.
(g) "Reduction
percentage" means the percentage by which each participating employee's
normal weekly hours of work are reduced under a shared-work plan in accordance
with section 28d(2).
(h) "Shared-work plan" means a plan for reducing unemployment under which employees of an affected unit share a reduced workload through reduction in their normal weekly hours of work.
