Bill Text: NJ A274 | 2010-2011 | Regular Session | Introduced
Bill Title: Concerns additional unemployment benefits during training in cases of disability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Labor Committee [A274 Detail]
Download: New_Jersey-2010-A274-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID C. RUSSO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Concerns additional unemployment benefits during training in cases of disability.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning additional unemployment benefits during training in cases of disability and amending P.L.1992, c.43.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1992, c.47 (C.43:21-60) is amended to read as follows:
4. Except as provided in section 8 of this act, the additional benefits indicated in section 5 of this act shall be provided to any individual who:
a. (1) Has received a notice of a permanent termination of employment by the individual's employer; including an individual who has received unemployment benefits after a period of disability pursuant to subsection (c) of R.S.43:21-19, received notice that the employer will not reemploy the individual after the period of disability ends, and received some or all of the benefits after March 3, 2007; or [has]
(2) Has been laid off and is unlikely to return to his previous employment because work opportunities in the individual's job classification are impaired by a substantial reduction of employment at the worksite;
b. [Is, at the time of] Receives unemployment benefits after the layoff or termination[, eligible,] pursuant to the "unemployment compensation law," R.S.43:21-1 et seq.[, for unemployment benefits];
c. Enters into the counseling made available pursuant to section 3 of this act as soon as possible following notification by the Department of Labor and Workforce Development of its availability;
d. (1) Notifies the department of the individual's intention to enter into the instruction and training identified in the Employability Development Plan developed pursuant to section 3 of this act, not later than 60 days after the date of the individual's termination or layoff, not later than 30 days after the department provides notice to the individual pursuant to section 6 of this act or not later than 30 days after the Employability Development Plan is developed, whichever occurs last;
(2) Enters into the instruction and training identified in the Employability Development Plan as soon as possible after giving the notice required by paragraph (1) of this subsection d.; and
(3) Maintains satisfactory progress in the instruction and training;
e. Enrolls in occupational training which:
(1) Is training for a labor demand occupation;
(2) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power;
(3) Is provided by an approved service provider; and
(4) Does not include on the job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits pursuant to the provisions of section 5 of this act;
f. Enrolls in occupational training, remedial instruction or a combination of both on a full-time basis; and
g. Reasonably can be expected to successfully complete the occupational training and any needed remedial instruction, either during or after the period of additional benefits.
If the requirements of this section are met, the division shall not deny an individual unemployment benefits pursuant to the "unemployment compensation law," R.S.43:21-1 et seq., P.L.1970, c.324 (C.43:21-24.11 et seq.) or the additional benefits indicated in section 5 of this act for any of the following reasons: the training includes remedial instruction needed by the individual to succeed in the occupational component of the training; the individual has identifiable occupational skills but the training services are needed to enable the individual to develop skills necessary to attain at least the level of self-sufficiency; the training is part of a program under which the individual may obtain any college degree enhancing the individual's marketable skills and earning power; the individual has previously received a training grant; the length of the training period under the program; or the lack of a prior guarantee of employment upon completion of the training. If the requirements of this section are met, the division shall regard a training program as approved for the purposes of paragraph (4) of subsection (c) of R.S.43:21-4.
(cf: P.L.2005, c.354, s.32.
2. This act shall take effect immediately.
STATEMENT
This bill clarifies that the additional unemployment benefits available for a permanently laid-off worker enrolled in an approved job training program are also available to a worker enrolled in an approved job training program who had received regular unemployment benefits because his employer did not rehire him after a period of disability covered by workers' compensation or temporary disability insurance benefits.
