Bill Text: OH HB432 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To create the shared work unemployment compensation program.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2010-02-01 - To Commerce & Labor [HB432 Detail]

Download: Ohio-2009-HB432-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 432

Representative Pryor 

Cosponsors: Representatives Brown, Dodd, Domenick, Dyer, Hagan, Stewart, Weddington 

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A BILL

To amend section 4141.01 and to enact sections

1

4141.50 to 4141.55 of the Revised Code to create

2

the shared work unemployment compensation program.

3

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

Section 1. That section 4141.01 be amended and sections	4
4141.50, 4141.51, 4141.52, 4141.53, 4141.54, and 4141.55 of the	5
Revised Code be enacted to read as follows:	6

Sec. 4141.01.  As used in this chapter, unless the context	7
otherwise requires:	8

(A)(1) "Employer" means the state, its instrumentalities, its	9
political subdivisions and their instrumentalities, Indian tribes,	10
and any individual or type of organization including any	11
partnership, limited liability company, association, trust,	12
estate, joint-stock company, insurance company, or corporation,	13
whether domestic or foreign, or the receiver, trustee in	14
bankruptcy, trustee, or the successor thereof, or the legal	15
representative of a deceased person who subsequent to December 31,	16
1971, or in the case of political subdivisions or their	17
instrumentalities, subsequent to December 31, 1973:	18

(a) Had in employment at least one individual, or in the case	19
of a nonprofit organization, subsequent to December 31, 1973, had	20
not less than four individuals in employment for some portion of a	21
day in each of twenty different calendar weeks, in either the	22
current or the preceding calendar year whether or not the same	23
individual was in employment in each such day; or	24

(b) Except for a nonprofit organization, had paid for service	25
in employment wages of fifteen hundred dollars or more in any	26
calendar quarter in either the current or preceding calendar year;	27
or	28

(c) Had paid, subsequent to December 31, 1977, for employment	29
in domestic service in a local college club, or local chapter of a	30
college fraternity or sorority, cash remuneration of one thousand	31
dollars or more in any calendar quarter in the current calendar	32
year or the preceding calendar year, or had paid subsequent to	33
December 31, 1977, for employment in domestic service in a private	34
home cash remuneration of one thousand dollars in any calendar	35
quarter in the current calendar year or the preceding calendar	36
year:	37

(i) For the purposes of divisions (A)(1)(a) and (b) of this	38
section, there shall not be taken into account any wages paid to,	39
or employment of, an individual performing domestic service as	40
described in this division.	41

(ii) An employer under this division shall not be an employer	42
with respect to wages paid for any services other than domestic	43
service unless the employer is also found to be an employer under	44
division (A)(1)(a), (b), or (d) of this section.	45

(d) As a farm operator or a crew leader subsequent to	46
December 31, 1977, had in employment individuals in agricultural	47
labor; and	48

(i) During any calendar quarter in the current calendar year	49
or the preceding calendar year, paid cash remuneration of twenty	50
thousand dollars or more for the agricultural labor; or	51

(ii) Had at least ten individuals in employment in	52
agricultural labor, not including agricultural workers who are	53
aliens admitted to the United States to perform agricultural labor	54
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	55
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	56
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	57
of the twenty different calendar weeks, in either the current or	58
preceding calendar year whether or not the same individual was in	59
employment in each day; or	60

(e) Is not otherwise an employer as defined under division	61
(A)(1)(a) or (b) of this section; and	62

(i) For which, within either the current or preceding	63
calendar year, service, except for domestic service in a private	64
home not covered under division (A)(1)(c) of this section, is or	65
was performed with respect to which such employer is liable for	66
any federal tax against which credit may be taken for	67
contributions required to be paid into a state unemployment fund;	68

(ii) Which, as a condition for approval of this chapter for	69
full tax credit against the tax imposed by the "Federal	70
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	71
required, pursuant to such act to be an employer under this	72
chapter; or	73

(iii) Who became an employer by election under division	74
(A)(4) or (5) of this section and for the duration of such	75
election; or	76

(f) In the case of the state, its instrumentalities, its	77
political subdivisions, and their instrumentalities, and Indian	78
tribes, had in employment, as defined in divisions (B)(2)(a) and	79
(B)(2)(l) of this section, at least one individual;	80

(g) For the purposes of division (A)(1)(a) of this section,	81
if any week includes both the thirty-first day of December and the	82
first day of January, the days of that week before the first day	83
of January shall be considered one calendar week and the days	84
beginning the first day of January another week.	85

(2) Each individual employed to perform or to assist in	86
performing the work of any agent or employee of an employer is	87
employed by such employer for all the purposes of this chapter,	88
whether such individual was hired or paid directly by such	89
employer or by such agent or employee, provided the employer had	90
actual or constructive knowledge of the work. All individuals	91
performing services for an employer of any person in this state	92
who maintains two or more establishments within this state are	93
employed by a single employer for the purposes of this chapter.	94

(3) An employer subject to this chapter within any calendar	95
year is subject to this chapter during the whole of such year and	96
during the next succeeding calendar year.	97

(4) An employer not otherwise subject to this chapter who	98
files with the director of job and family services a written	99
election to become an employer subject to this chapter for not	100
less than two calendar years shall, with the written approval of	101
such election by the director, become an employer subject to this	102
chapter to the same extent as all other employers as of the date	103
stated in such approval, and shall cease to be subject to this	104
chapter as of the first day of January of any calendar year	105
subsequent to such two calendar years only if at least thirty days	106
prior to such first day of January the employer has filed with the	107
director a written notice to that effect.	108

(5) Any employer for whom services that do not constitute	109
employment are performed may file with the director a written	110
election that all such services performed by individuals in the	111
employer's employ in one or more distinct establishments or places	112
of business shall be deemed to constitute employment for all the	113
purposes of this chapter, for not less than two calendar years.	114
Upon written approval of the election by the director, such	115
services shall be deemed to constitute employment subject to this	116
chapter from and after the date stated in such approval. Such	117
services shall cease to be employment subject to this chapter as	118
of the first day of January of any calendar year subsequent to	119
such two calendar years only if at least thirty days prior to such	120
first day of January such employer has filed with the director a	121
written notice to that effect.	122

(B)(1) "Employment" means service performed by an individual	123
for remuneration under any contract of hire, written or oral,	124
express or implied, including service performed in interstate	125
commerce and service performed by an officer of a corporation,	126
without regard to whether such service is executive, managerial,	127
or manual in nature, and without regard to whether such officer is	128
a stockholder or a member of the board of directors of the	129
corporation, unless it is shown to the satisfaction of the	130
director that such individual has been and will continue to be	131
free from direction or control over the performance of such	132
service, both under a contract of service and in fact. The	133
director shall adopt rules to define "direction or control."	134

(2) "Employment" includes:

135

(a) Service performed after December 31, 1977, by an	136
individual in the employ of the state or any of its	137
instrumentalities, or any political subdivision thereof or any of	138
its instrumentalities or any instrumentality of more than one of	139
the foregoing or any instrumentality of any of the foregoing and	140
one or more other states or political subdivisions and without	141
regard to divisions (A)(1)(a) and (b) of this section, provided	142
that such service is excluded from employment as defined in the	143
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	144
3306(c)(7) and is not excluded under division (B)(3) of this	145
section; or the services of employees covered by voluntary	146
election, as provided under divisions (A)(4) and (5) of this	147
section;	148

(b) Service performed after December 31, 1971, by an	149
individual in the employ of a religious, charitable, educational,	150
or other organization which is excluded from the term "employment"	151
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	152
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	153
3306(c)(8) of that act and is not excluded under division (B)(3)	154
of this section;	155

(c) Domestic service performed after December 31, 1977, for	156
an employer, as provided in division (A)(1)(c) of this section;	157

(d) Agricultural labor performed after December 31, 1977, for	158
a farm operator or a crew leader, as provided in division	159
(A)(1)(d) of this section;	160

(e) Service not covered under division (B)(1) of this section	161
which is performed after December 31, 1971:	162

(i) As an agent-driver or commission-driver engaged in	163
distributing meat products, vegetable products, fruit products,	164
bakery products, beverages other than milk, laundry, or	165
dry-cleaning services, for the individual's employer or principal;	166

(ii) As a traveling or city salesperson, other than as an	167
agent-driver or commission-driver, engaged on a full-time basis in	168
the solicitation on behalf of and in the transmission to the	169
salesperson's employer or principal except for sideline sales	170
activities on behalf of some other person of orders from	171
wholesalers, retailers, contractors, or operators of hotels,	172
restaurants, or other similar establishments for merchandise for	173
resale, or supplies for use in their business operations, provided	174
that for the purposes of division (B)(2)(e)(ii) of this section,	175
the services shall be deemed employment if the contract of service	176
contemplates that substantially all of the services are to be	177
performed personally by the individual and that the individual	178
does not have a substantial investment in facilities used in	179
connection with the performance of the services other than in	180
facilities for transportation, and the services are not in the	181
nature of a single transaction that is not a part of a continuing	182
relationship with the person for whom the services are performed.	183

(f) An individual's entire service performed within or both	184
within and without the state if:	185

(i) The service is localized in this state.

186

(ii) The service is not localized in any state, but some of	187
the service is performed in this state and either the base of	188
operations, or if there is no base of operations then the place	189
from which such service is directed or controlled, is in this	190
state or the base of operations or place from which such service	191
is directed or controlled is not in any state in which some part	192
of the service is performed but the individual's residence is in	193
this state.	194

(g) Service not covered under division (B)(2)(f)(ii) of this	195
section and performed entirely without this state, with respect to	196
no part of which contributions are required and paid under an	197
unemployment compensation law of any other state, the Virgin	198
Islands, Canada, or of the United States, if the individual	199
performing such service is a resident of this state and the	200
director approves the election of the employer for whom such	201
services are performed; or, if the individual is not a resident of	202
this state but the place from which the service is directed or	203
controlled is in this state, the entire services of such	204
individual shall be deemed to be employment subject to this	205
chapter, provided service is deemed to be localized within this	206
state if the service is performed entirely within this state or if	207
the service is performed both within and without this state but	208
the service performed without this state is incidental to the	209
individual's service within the state, for example, is temporary	210
or transitory in nature or consists of isolated transactions;	211

(h) Service of an individual who is a citizen of the United	212
States, performed outside the United States except in Canada after	213
December 31, 1971, or the Virgin Islands, after December 31, 1971,	214
and before the first day of January of the year following that in	215
which the United States secretary of labor approves the Virgin	216
Islands law for the first time, in the employ of an American	217
employer, other than service which is "employment" under divisions	218
(B)(2)(f) and (g) of this section or similar provisions of another	219
state's law, if:	220

(i) The employer's principal place of business in the United	221
States is located in this state;	222

(ii) The employer has no place of business in the United	223
States, but the employer is an individual who is a resident of	224
this state; or the employer is a corporation which is organized	225
under the laws of this state, or the employer is a partnership or	226
a trust and the number of partners or trustees who are residents	227
of this state is greater than the number who are residents of any	228
other state; or	229

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	230
of this section is met but the employer has elected coverage in	231
this state or the employer having failed to elect coverage in any	232
state, the individual has filed a claim for benefits, based on	233
such service, under this chapter.	234

(i) For the purposes of division (B)(2)(h) of this section,	235
the term "American employer" means an employer who is an	236
individual who is a resident of the United States; or a	237
partnership, if two-thirds or more of the partners are residents	238
of the United States; or a trust, if all of the trustees are	239
residents of the United States; or a corporation organized under	240
the laws of the United States or of any state, provided the term	241
"United States" includes the states, the District of Columbia, the	242
Commonwealth of Puerto Rico, and the Virgin Islands.	243

(j) Notwithstanding any other provisions of divisions (B)(1)	244
and (2) of this section, service, except for domestic service in a	245
private home not covered under division (A)(1)(c) of this section,	246
with respect to which a tax is required to be paid under any	247
federal law imposing a tax against which credit may be taken for	248
contributions required to be paid into a state unemployment fund,	249
or service, except for domestic service in a private home not	250
covered under division (A)(1)(c) of this section, which, as a	251
condition for full tax credit against the tax imposed by the	252
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	253
3311, is required to be covered under this chapter.	254

(k) Construction services performed by any individual under a	255
construction contract, as defined in section 4141.39 of the	256
Revised Code, if the director determines that the employer for	257
whom services are performed has the right to direct or control the	258
performance of the services and that the individuals who perform	259
the services receive remuneration for the services performed. The	260
director shall presume that the employer for whom services are	261
performed has the right to direct or control the performance of	262
the services if ten or more of the following criteria apply:	263

(i) The employer directs or controls the manner or method by	264
which instructions are given to the individual performing	265
services;	266

(ii) The employer requires particular training for the	267
individual performing services;	268

(iii) Services performed by the individual are integrated	269
into the regular functioning of the employer;	270

(iv) The employer requires that services be provided by a	271
particular individual;	272

(v) The employer hires, supervises, or pays the wages of the	273
individual performing services;	274

(vi) A continuing relationship between the employer and the	275
individual performing services exists which contemplates	276
continuing or recurring work, even if not full-time work;	277

(vii) The employer requires the individual to perform	278
services during established hours;	279

(viii) The employer requires that the individual performing	280
services be devoted on a full-time basis to the business of the	281
employer;	282

(ix) The employer requires the individual to perform services	283
on the employer's premises;	284

(x) The employer requires the individual performing services	285
to follow the order of work established by the employer;	286

(xi) The employer requires the individual performing services	287
to make oral or written reports of progress;	288

(xii) The employer makes payment to the individual for	289
services on a regular basis, such as hourly, weekly, or monthly;	290

(xiii) The employer pays expenses for the individual	291
performing services;	292

(xiv) The employer furnishes the tools and materials for use	293
by the individual to perform services;	294

(xv) The individual performing services has not invested in	295
the facilities used to perform services;	296

(xvi) The individual performing services does not realize a	297
profit or suffer a loss as a result of the performance of the	298
services;	299

(xvii) The individual performing services is not performing	300
services for more than two employers simultaneously;	301

(xviii) The individual performing services does not make the	302
services available to the general public;	303

(xix) The employer has a right to discharge the individual	304
performing services;	305

(xx) The individual performing services has the right to end	306
the individual's relationship with the employer without incurring	307
liability pursuant to an employment contract or agreement.	308

(l) Service performed by an individual in the employ of an	309
Indian tribe as defined by section 4(e) of the "Indian	310
Self-Determination and Education Assistance Act," 88 Stat. 2204	311
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	312
subsidiary, or business enterprise wholly owned by an Indian tribe	313
provided that the service is excluded from employment as defined	314
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26	315
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	316
(B)(3) of this section.	317

(3) "Employment" does not include the following services if	318
they are found not subject to the "Federal Unemployment Tax Act,"	319
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	320
are not required to be included under division (B)(2)(j) of this	321
section:	322

(a) Service performed after December 31, 1977, in	323
agricultural labor, except as provided in division (A)(1)(d) of	324
this section;	325

(b) Domestic service performed after December 31, 1977, in a	326
private home, local college club, or local chapter of a college	327
fraternity or sorority except as provided in division (A)(1)(c) of	328
this section;	329

(c) Service performed after December 31, 1977, for this state	330
or a political subdivision as described in division (B)(2)(a) of	331
this section when performed:	332

(i) As a publicly elected official;

333

(ii) As a member of a legislative body, or a member of the	334
judiciary;	335

(iii) As a military member of the Ohio national guard;

336

(iv) As an employee, not in the classified service as defined	337
in section 124.11 of the Revised Code, serving on a temporary	338
basis in case of fire, storm, snow, earthquake, flood, or similar	339
emergency;	340

(v) In a position which, under or pursuant to law, is	341
designated as a major nontenured policymaking or advisory	342
position, not in the classified service of the state, or a	343
policymaking or advisory position the performance of the duties of	344
which ordinarily does not require more than eight hours per week.	345

(d) In the employ of any governmental unit or instrumentality	346
of the United States;	347

(e) Service performed after December 31, 1971:

348

(i) Service in the employ of an educational institution or	349
institution of higher education, including those operated by the	350
state or a political subdivision, if such service is performed by	351
a student who is enrolled and is regularly attending classes at	352
the educational institution or institution of higher education; or	353

(ii) By an individual who is enrolled at a nonprofit or	354
public educational institution which normally maintains a regular	355
faculty and curriculum and normally has a regularly organized body	356
of students in attendance at the place where its educational	357
activities are carried on as a student in a full-time program,	358
taken for credit at the institution, which combines academic	359
instruction with work experience, if the service is an integral	360
part of the program, and the institution has so certified to the	361
employer, provided that this subdivision shall not apply to	362
service performed in a program established for or on behalf of an	363
employer or group of employers;.	364

(f) Service performed by an individual in the employ of the	365
individual's son, daughter, or spouse and service performed by a	366
child under the age of eighteen in the employ of the child's	367
father or mother;	368

(g) Service performed for one or more principals by an	369
individual who is compensated on a commission basis, who in the	370
performance of the work is master of the individual's own time and	371
efforts, and whose remuneration is wholly dependent on the amount	372
of effort the individual chooses to expend, and which service is	373
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	374
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	375
31, 1971:	376

(i) By an individual for an employer as an insurance agent or	377
as an insurance solicitor, if all this service is performed for	378
remuneration solely by way of commission;	379

(ii) As a home worker performing work, according to	380
specifications furnished by the employer for whom the services are	381
performed, on materials or goods furnished by such employer which	382
are required to be returned to the employer or to a person	383
designated for that purpose.	384

(h) Service performed after December 31, 1971:

385

(i) In the employ of a church or convention or association of	386
churches, or in an organization which is operated primarily for	387
religious purposes and which is operated, supervised, controlled,	388
or principally supported by a church or convention or association	389
of churches;	390

(ii) By a duly ordained, commissioned, or licensed minister	391
of a church in the exercise of the individual's ministry or by a	392
member of a religious order in the exercise of duties required by	393
such order; or	394

(iii) In a facility conducted for the purpose of carrying out	395
a program of rehabilitation for individuals whose earning capacity	396
is impaired by age or physical or mental deficiency or injury, or	397
providing remunerative work for individuals who because of their	398
impaired physical or mental capacity cannot be readily absorbed in	399
the competitive labor market, by an individual receiving such	400
rehabilitation or remunerative work;.	401

(i) Service performed after June 30, 1939, with respect to	402
which unemployment compensation is payable under the "Railroad	403
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	404

(j) Service performed by an individual in the employ of any	405
organization exempt from income tax under section 501 of the	406
"Internal Revenue Code of 1954," if the remuneration for such	407
service does not exceed fifty dollars in any calendar quarter, or	408
if such service is in connection with the collection of dues or	409
premiums for a fraternal beneficial society, order, or association	410
and is performed away from the home office or is ritualistic	411
service in connection with any such society, order, or	412
association;	413

(k) Casual labor not in the course of an employer's trade or	414
business; incidental service performed by an officer, appraiser,	415
or member of a finance committee of a bank, building and loan	416
association, savings and loan association, or savings association	417
when the remuneration for such incidental service exclusive of the	418
amount paid or allotted for directors' fees does not exceed sixty	419
dollars per calendar quarter is casual labor;	420

(l) Service performed in the employ of a voluntary employees'	421
beneficial association providing for the payment of life,	422
sickness, accident, or other benefits to the members of such	423
association or their dependents or their designated beneficiaries,	424
if admission to a membership in such association is limited to	425
individuals who are officers or employees of a municipal or public	426
corporation, of a political subdivision of the state, or of the	427
United States and no part of the net earnings of such association	428
inures, other than through such payments, to the benefit of any	429
private shareholder or individual;	430

(m) Service performed by an individual in the employ of a	431
foreign government, including service as a consular or other	432
officer or employee or of a nondiplomatic representative;	433

(n) Service performed in the employ of an instrumentality	434
wholly owned by a foreign government if the service is of a	435
character similar to that performed in foreign countries by	436
employees of the United States or of an instrumentality thereof	437
and if the director finds that the secretary of state of the	438
United States has certified to the secretary of the treasury of	439
the United States that the foreign government, with respect to	440
whose instrumentality exemption is claimed, grants an equivalent	441
exemption with respect to similar service performed in the foreign	442
country by employees of the United States and of instrumentalities	443
thereof;	444

(o) Service with respect to which unemployment compensation	445
is payable under an unemployment compensation system established	446
by an act of congress;	447

(p) Service performed as a student nurse in the employ of a	448
hospital or a nurses' training school by an individual who is	449
enrolled and is regularly attending classes in a nurses' training	450
school chartered or approved pursuant to state law, and service	451
performed as an intern in the employ of a hospital by an	452
individual who has completed a four years' course in a medical	453
school chartered or approved pursuant to state law;	454

(q) Service performed by an individual under the age of	455
eighteen in the delivery or distribution of newspapers or shopping	456
news, not including delivery or distribution to any point for	457
subsequent delivery or distribution;	458

(r) Service performed in the employ of the United States or	459
an instrumentality of the United States immune under the	460
Constitution of the United States from the contributions imposed	461
by this chapter, except that to the extent that congress permits	462
states to require any instrumentalities of the United States to	463
make payments into an unemployment fund under a state unemployment	464
compensation act, this chapter shall be applicable to such	465
instrumentalities and to services performed for such	466
instrumentalities in the same manner, to the same extent, and on	467
the same terms as to all other employers, individuals, and	468
services, provided that if this state is not certified for any	469
year by the proper agency of the United States under section 3304	470
of the "Internal Revenue Code of 1954," the payments required of	471
such instrumentalities with respect to such year shall be refunded	472
by the director from the fund in the same manner and within the	473
same period as is provided in division (E) of section 4141.09 of	474
the Revised Code with respect to contributions erroneously	475
collected;	476

(s) Service performed by an individual as a member of a band	477
or orchestra, provided such service does not represent the	478
principal occupation of such individual, and which service is not	479
subject to or required to be covered for full tax credit against	480
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	481
183 (1939), 26 U.S.C.A. 3301 to 3311.	482

(t) Service performed in the employ of a day camp whose	483
camping season does not exceed twelve weeks in any calendar year,	484
and which service is not subject to the "Federal Unemployment Tax	485
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	486
performed after December 31, 1971:	487

(i) In the employ of a hospital, if the service is performed	488
by a patient of the hospital, as defined in division (W) of this	489
section;	490

(ii) For a prison or other correctional institution by an	491
inmate of the prison or correctional institution;	492

(iii) Service performed after December 31, 1977, by an inmate	493
of a custodial institution operated by the state, a political	494
subdivision, or a nonprofit organization.	495

(u) Service that is performed by a nonresident alien	496
individual for the period the individual temporarily is present in	497
the United States as a nonimmigrant under division (F), (J), (M),	498
or (Q) of section 101(a)(15) of the "Immigration and Nationality	499
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	500
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	501
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	502

(v) Notwithstanding any other provisions of division (B)(3)	503
of this section, services that are excluded under divisions	504
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	505
from employment when performed for a nonprofit organization, as	506
defined in division (X) of this section, or for this state or its	507
instrumentalities, or for a political subdivision or its	508
instrumentalities or for Indian tribes;	509

(w) Service that is performed by an individual working as an	510
election official or election worker if the amount of remuneration	511
received by the individual during the calendar year for services	512
as an election official or election worker is less than one	513
thousand dollars;	514

(x) Service performed for an elementary or secondary school	515
that is operated primarily for religious purposes, that is	516
described in subsection 501(c)(3) and exempt from federal income	517
taxation under subsection 501(a) of the Internal Revenue Code, 26	518
U.S.C.A. 501;	519

(y) Service performed by a person committed to a penal	520
institution.	521

(z) Service performed for an Indian tribe as described in	522
division (B)(2)(l) of this section when performed in any of the	523
following manners:	524

(i) As a publicly elected official;

525

(ii) As a member of an Indian tribal council;

526

(iii) As a member of a legislative or judiciary body;

527

(iv) In a position which, pursuant to Indian tribal law, is	528
designated as a major nontenured policymaking or advisory	529
position, or a policymaking or advisory position where the	530
performance of the duties ordinarily does not require more than	531
eight hours of time per week;	532

(v) As an employee serving on a temporary basis in the case	533
of a fire, storm, snow, earthquake, flood, or similar emergency.	534

(aa) Service performed after December 31, 1971, for a	535
nonprofit organization, this state or its instrumentalities, a	536
political subdivision or its instrumentalities, or an Indian tribe	537
as part of an unemployment work-relief or work-training program	538
assisted or financed in whole or in part by any federal agency or	539
an agency of a state or political subdivision, thereof, by an	540
individual receiving the work-relief or work-training.	541

(4) If the services performed during one half or more of any	542
pay period by an employee for the person employing that employee	543
constitute employment, all the services of such employee for such	544
period shall be deemed to be employment; but if the services	545
performed during more than one half of any such pay period by an	546
employee for the person employing that employee do not constitute	547
employment, then none of the services of such employee for such	548
period shall be deemed to be employment. As used in division	549
(B)(4) of this section, "pay period" means a period, of not more	550
than thirty-one consecutive days, for which payment of	551
remuneration is ordinarily made to the employee by the person	552
employing that employee. Division (B)(4) of this section does not	553
apply to services performed in a pay period by an employee for the	554
person employing that employee, if any of such service is excepted	555
by division (B)(3)(o) of this section.	556

(C) "Benefits" means money payments payable to an individual	557
who has established benefit rights, as provided in this chapter,	558
for loss of remuneration due to the individual's unemployment.	559

(D) "Benefit rights" means the weekly benefit amount and the	560
maximum benefit amount that may become payable to an individual	561
within the individual's benefit year as determined by the	562
director.	563

(E) "Claim for benefits" means a claim for waiting period or	564
benefits for a designated week.	565

(F) "Additional claim" means the first claim for benefits	566
filed following any separation from employment during a benefit	567
year; "continued claim" means any claim other than the first claim	568
for benefits and other than an additional claim.	569

(G)(1) "Wages" means remuneration paid to an employee by each	570
of the employee's employers with respect to employment; except	571
that wages shall not include that part of remuneration paid during	572
any calendar year to an individual by an employer or such	573
employer's predecessor in interest in the same business or	574
enterprise, which in any calendar year is in excess of eight	575
thousand two hundred fifty dollars on and after January 1, 1992;	576
eight thousand five hundred dollars on and after January 1, 1993;	577
eight thousand seven hundred fifty dollars on and after January 1,	578
1994; and nine thousand dollars on and after January 1, 1995.	579
Remuneration in excess of such amounts shall be deemed wages	580
subject to contribution to the same extent that such remuneration	581
is defined as wages under the "Federal Unemployment Tax Act," 84	582
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	583
remuneration paid an employee by an employer with respect to	584
employment in another state, upon which contributions were	585
required and paid by such employer under the unemployment	586
compensation act of such other state, shall be included as a part	587
of remuneration in computing the amount specified in this	588
division.	589

(2) Notwithstanding division (G)(1) of this section, if, as	590
of the computation date for any calendar year, the director	591
determines that the level of the unemployment compensation fund is	592
sixty per cent or more below the minimum safe level as defined in	593
section 4141.25 of the Revised Code, then, effective the first day	594
of January of the following calendar year, wages subject to this	595
chapter shall not include that part of remuneration paid during	596
any calendar year to an individual by an employer or such	597
employer's predecessor in interest in the same business or	598
enterprise which is in excess of nine thousand dollars. The	599
increase in the dollar amount of wages subject to this chapter	600
under this division shall remain in effect from the date of the	601
director's determination pursuant to division (G)(2) of this	602
section and thereafter notwithstanding the fact that the level in	603
the fund may subsequently become less than sixty per cent below	604
the minimum safe level.	605

(H)(1) "Remuneration" means all compensation for personal	606
services, including commissions and bonuses and the cash value of	607
all compensation in any medium other than cash, except that in the	608
case of agricultural or domestic service, "remuneration" includes	609
only cash remuneration. Gratuities customarily received by an	610
individual in the course of the individual's employment from	611
persons other than the individual's employer and which are	612
accounted for by such individual to the individual's employer are	613
taxable wages.	614

The reasonable cash value of compensation paid in any medium	615
other than cash shall be estimated and determined in accordance	616
with rules prescribed by the director, provided that	617
"remuneration" does not include:	618

(a) Payments as provided in divisions (b)(2) to (b)(16) of	619
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	620
26 U.S.C.A. 3301 to 3311, as amended;	621

(b) The payment by an employer, without deduction from the	622
remuneration of the individual in the employer's employ, of the	623
tax imposed upon an individual in the employer's employ under	624
section 3101 of the "Internal Revenue Code of 1954," with respect	625
to services performed after October 1, 1941.	626

(2) "Cash remuneration" means all remuneration paid in cash,	627
including commissions and bonuses, but not including the cash	628
value of all compensation in any medium other than cash.	629

(I) "Interested party" means the director and any party to	630
whom notice of a determination of an application for benefit	631
rights or a claim for benefits is required to be given under	632
section 4141.28 of the Revised Code.	633

(J) "Annual payroll" means the total amount of wages subject	634
to contributions during a twelve-month period ending with the last	635
day of the second calendar quarter of any calendar year.	636

(K) "Average annual payroll" means the average of the last	637
three annual payrolls of an employer, provided that if, as of any	638
computation date, the employer has had less than three annual	639
payrolls in such three-year period, such average shall be based on	640
the annual payrolls which the employer has had as of such date.	641

(L)(1) "Contributions" means the money payments to the state	642
unemployment compensation fund required of employers by section	643
4141.25 of the Revised Code and of the state and any of its	644
political subdivisions electing to pay contributions under section	645
4141.242 of the Revised Code. Employers paying contributions shall	646
be described as "contributory employers."	647

(2) "Payments in lieu of contributions" means the money	648
payments to the state unemployment compensation fund required of	649
reimbursing employers under sections 4141.241 and 4141.242 of the	650
Revised Code.	651

(M) An individual is "totally unemployed" in any week during	652
which the individual performs no services and with respect to such	653
week no remuneration is payable to the individual.	654

(N) An individual is "partially unemployed" in any week if,	655
due to involuntary loss of work, the total remuneration payable to	656
the individual for such week is less than the individual's weekly	657
benefit amount.	658

(O) "Week" means the calendar week ending at midnight	659
Saturday unless an equivalent week of seven consecutive calendar	660
days is prescribed by the director.	661

(1) "Qualifying week" means any calendar week in an	662
individual's base period with respect to which the individual	663
earns or is paid remuneration in employment subject to this	664
chapter. A calendar week with respect to which an individual earns	665
remuneration but for which payment was not made within the base	666
period, when necessary to qualify for benefit rights, may be	667
considered to be a qualifying week. The number of qualifying weeks	668
which may be established in a calendar quarter shall not exceed	669
the number of calendar weeks in the quarter.	670

(2) "Average weekly wage" means the amount obtained by	671
dividing an individual's total remuneration for all qualifying	672
weeks during the base period by the number of such qualifying	673
weeks, provided that if the computation results in an amount that	674
is not a multiple of one dollar, such amount shall be rounded to	675
the next lower multiple of one dollar.	676

(P) "Weekly benefit amount" means the amount of benefits an	677
individual would be entitled to receive for one week of total	678
unemployment.	679

(Q)(1) "Base period" means the first four of the last five	680
completed calendar quarters immediately preceding the first day of	681
an individual's benefit year, except as provided in division	682
(Q)(2) of this section.	683

(2) If an individual does not have sufficient qualifying	684
weeks and wages in the base period to qualify for benefit rights,	685
the individual's base period shall be the four most recently	686
completed calendar quarters preceding the first day of the	687
individual's benefit year. Such base period shall be known as the	688
"alternate base period." If information as to weeks and wages for	689
the most recent quarter of the alternate base period is not	690
available to the director from the regular quarterly reports of	691
wage information, which are systematically accessible, the	692
director may, consistent with the provisions of section 4141.28 of	693
the Revised Code, base the determination of eligibility for	694
benefits on the affidavit of the claimant with respect to weeks	695
and wages for that calendar quarter. The claimant shall furnish	696
payroll documentation, where available, in support of the	697
affidavit. The determination based upon the alternate base period	698
as it relates to the claimant's benefit rights, shall be amended	699
when the quarterly report of wage information from the employer is	700
timely received and that information causes a change in the	701
determination. As provided in division (B) of section 4141.28 of	702
the Revised Code, any benefits paid and charged to an employer's	703
account, based upon a claimant's affidavit, shall be adjusted	704
effective as of the beginning of the claimant's benefit year. No	705
calendar quarter in a base period or alternate base period shall	706
be used to establish a subsequent benefit year.	707

(3) The "base period" of a combined wage claim, as described	708
in division (H) of section 4141.43 of the Revised Code, shall be	709
the base period prescribed by the law of the state in which the	710
claim is allowed.	711

(4) For purposes of determining the weeks that comprise a	712
completed calendar quarter under this division, only those weeks	713
ending at midnight Saturday within the calendar quarter shall be	714
utilized.	715

(R)(1) "Benefit year" with respect to an individual means the	716
fifty-two week period beginning with the first day of that week	717
with respect to which the individual first files a valid	718
application for determination of benefit rights, and thereafter	719
the fifty-two week period beginning with the first day of that	720
week with respect to which the individual next files a valid	721
application for determination of benefit rights after the	722
termination of the individual's last preceding benefit year,	723
except that the application shall not be considered valid unless	724
the individual has had employment in six weeks that is subject to	725
this chapter or the unemployment compensation act of another	726
state, or the United States, and has, since the beginning of the	727
individual's previous benefit year, in the employment earned three	728
times the average weekly wage determined for the previous benefit	729
year. The "benefit year" of a combined wage claim, as described in	730
division (H) of section 4141.43 of the Revised Code, shall be the	731
benefit year prescribed by the law of the state in which the claim	732
is allowed. Any application for determination of benefit rights	733
made in accordance with section 4141.28 of the Revised Code is	734
valid if the individual filing such application is unemployed, has	735
been employed by an employer or employers subject to this chapter	736
in at least twenty qualifying weeks within the individual's base	737
period, and has earned or been paid remuneration at an average	738
weekly wage of not less than twenty-seven and one-half per cent of	739
the statewide average weekly wage for such weeks. For purposes of	740
determining whether an individual has had sufficient employment	741
since the beginning of the individual's previous benefit year to	742
file a valid application, "employment" means the performance of	743
services for which remuneration is payable.	744

(2) Effective for benefit years beginning on and after	745
December 26, 2004, any application for determination of benefit	746
rights made in accordance with section 4141.28 of the Revised Code	747
is valid if the individual satisfies the criteria described in	748
division (R)(1) of this section, and if the reason for the	749
individual's separation from employment is not disqualifying	750
pursuant to division (D)(2) of section 4141.29 or section 4141.291	751
of the Revised Code. A disqualification imposed pursuant to	752
division (D)(2) of section 4141.29 or section 4141.291 of the	753
Revised Code must be removed as provided in those sections as a	754
requirement of establishing a valid application for benefit years	755
beginning on and after December 26, 2004.	756

(3) The statewide average weekly wage shall be calculated by	757
the director once a year based on the twelve-month period ending	758
the thirtieth day of June, as set forth in division (B)(3) of	759
section 4141.30 of the Revised Code, rounded down to the nearest	760
dollar. Increases or decreases in the amount of remuneration	761
required to have been earned or paid in order for individuals to	762
have filed valid applications shall become effective on Sunday of	763
the calendar week in which the first day of January occurs that	764
follows the twelve-month period ending the thirtieth day of June	765
upon which the calculation of the statewide average weekly wage	766
was based.	767

(4) As used in this division, an individual is "unemployed"	768
if, with respect to the calendar week in which such application is	769
filed, the individual is "partially unemployed" or "totally	770
unemployed" as defined in this section or if, prior to filing the	771
application, the individual was separated from the individual's	772
most recent work for any reason which terminated the individual's	773
employee-employer relationship, or was laid off indefinitely or	774
for a definite period of seven or more days.	775

(S) "Calendar quarter" means the period of three consecutive	776
calendar months ending on the thirty-first day of March, the	777
thirtieth day of June, the thirtieth day of September, and the	778
thirty-first day of December, or the equivalent thereof as the	779
director prescribes by rule.	780

(T) "Computation date" means the first day of the third	781
calendar quarter of any calendar year.	782

(U) "Contribution period" means the calendar year beginning	783
on the first day of January of any year.	784

(V) "Agricultural labor," for the purpose of this division,	785
means any service performed prior to January 1, 1972, which was	786
agricultural labor as defined in this division prior to that date,	787
and service performed after December 31, 1971:	788

(1) On a farm, in the employ of any person, in connection	789
with cultivating the soil, or in connection with raising or	790
harvesting any agricultural or horticultural commodity, including	791
the raising, shearing, feeding, caring for, training, and	792
management of livestock, bees, poultry, and fur-bearing animals	793
and wildlife;	794

(2) In the employ of the owner or tenant or other operator of	795
a farm in connection with the operation, management, conservation,	796
improvement, or maintenance of such farm and its tools and	797
equipment, or in salvaging timber or clearing land of brush and	798
other debris left by hurricane, if the major part of such service	799
is performed on a farm;	800

(3) In connection with the production or harvesting of any	801
commodity defined as an agricultural commodity in section 15 (g)	802
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	803
U.S.C. 1141j, as amended, or in connection with the ginning of	804
cotton, or in connection with the operation or maintenance of	805
ditches, canals, reservoirs, or waterways, not owned or operated	806
for profit, used exclusively for supplying and storing water for	807
farming purposes;	808

(4) In the employ of the operator of a farm in handling,	809
planting, drying, packing, packaging, processing, freezing,	810
grading, storing, or delivering to storage or to market or to a	811
carrier for transportation to market, in its unmanufactured state,	812
any agricultural or horticultural commodity, but only if the	813
operator produced more than one half of the commodity with respect	814
to which such service is performed;	815

(5) In the employ of a group of operators of farms, or a	816
cooperative organization of which the operators are members, in	817
the performance of service described in division (V)(4) of this	818
section, but only if the operators produced more than one-half of	819
the commodity with respect to which the service is performed;	820

(6) Divisions (V)(4) and (5) of this section shall not be	821
deemed to be applicable with respect to service performed:	822

(a) In connection with commercial canning or commercial	823
freezing or in connection with any agricultural or horticultural	824
commodity after its delivery to a terminal market for distribution	825
for consumption; or	826

(b) On a farm operated for profit if the service is not in	827
the course of the employer's trade or business.	828

As used in division (V) of this section, "farm" includes	829
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	830
plantations, ranches, nurseries, ranges, greenhouses, or other	831
similar structures used primarily for the raising of agricultural	832
or horticultural commodities and orchards.	833

(W) "Hospital" means an institution which has been registered	834
or licensed by the Ohio department of health as a hospital.	835

(X) "Nonprofit organization" means an organization, or group	836
of organizations, described in section 501(c)(3) of the "Internal	837
Revenue Code of 1954," and exempt from income tax under section	838
501(a) of that code.	839

(Y) "Institution of higher education" means a public or	840
nonprofit educational institution, including an educational	841
institution operated by an Indian tribe, which:	842

(1) Admits as regular students only individuals having a	843
certificate of graduation from a high school, or the recognized	844
equivalent;	845

(2) Is legally authorized in this state or by the Indian	846
tribe to provide a program of education beyond high school; and	847

(3) Provides an educational program for which it awards a	848
bachelor's or higher degree, or provides a program which is	849
acceptable for full credit toward such a degree, a program of	850
post-graduate or post-doctoral studies, or a program of training	851
to prepare students for gainful employment in a recognized	852
occupation.	853

For the purposes of this division, all colleges and	854
universities in this state are institutions of higher education.	855

(Z) For the purposes of this chapter, "states" includes the	856
District of Columbia, the Commonwealth of Puerto Rico, and the	857
Virgin Islands.	858

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	859
this section, an individual who is an alien admitted to the United	860
States to perform service in agricultural labor pursuant to	861
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	862
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	863

(BB)(1) "Crew leader" means an individual who furnishes	864
individuals to perform agricultural labor for any other employer	865
or farm operator, and:	866

(a) Pays, either on the individual's own behalf or on behalf	867
of the other employer or farm operator, the individuals so	868
furnished by the individual for the service in agricultural labor	869
performed by them;	870

(b) Has not entered into a written agreement with the other	871
employer or farm operator under which the agricultural worker is	872
designated as in the employ of the other employer or farm	873
operator.	874

(2) For the purposes of this chapter, any individual who is a	875
member of a crew furnished by a crew leader to perform service in	876
agricultural labor for any other employer or farm operator shall	877
be treated as an employee of the crew leader if:	878

(a) The crew leader holds a valid certificate of registration	879
under the "Farm Labor Contractor Registration Act of 1963," 90	880
Stat. 2668, 7 U.S.C. 2041; or	881

(b) Substantially all the members of the crew operate or	882
maintain tractors, mechanized harvesting or crop-dusting	883
equipment, or any other mechanized equipment, which is provided by	884
the crew leader; and	885

(c) If the individual is not in the employment of the other	886
employer or farm operator within the meaning of division (B)(1) of	887
this section.	888

(3) For the purposes of this division, any individual who is	889
furnished by a crew leader to perform service in agricultural	890
labor for any other employer or farm operator and who is not	891
treated as in the employment of the crew leader under division	892
(BB)(2) of this section shall be treated as the employee of the	893
other employer or farm operator and not of the crew leader. The	894
other employer or farm operator shall be treated as having paid	895
cash remuneration to the individual in an amount equal to the	896
amount of cash remuneration paid to the individual by the crew	897
leader, either on the crew leader's own behalf or on behalf of the	898
other employer or farm operator, for the service in agricultural	899
labor performed for the other employer or farm operator.	900

(CC) "Educational institution" means an institution other	901
than an institution of higher education as defined in division (Y)	902
of this section, including an educational institution operated by	903
an Indian tribe, which:	904

(1) Offers participants, trainees, or students an organized	905
course of study or training designed to transfer to them	906
knowledge, skills, information, doctrines, attitudes, or abilities	907
from, by, or under the guidance of an instructor or teacher; and	908

(2) Is approved, chartered, or issued a permit to operate as	909
a school by the state board of education, other government agency,	910
or Indian tribe that is authorized within the state to approve,	911
charter, or issue a permit for the operation of a school.	912

For the purposes of this division, the courses of study or	913
training which the institution offers may be academic, technical,	914
trade, or preparation for gainful employment in a recognized	915
occupation.	916

(DD) "Cost savings day" means any unpaid day off from work in	917
which employees continue to accrue employee benefits which have a	918
determinable value including, but not limited to, vacation,	919
pension contribution, sick time, and life and health insurance.	920

(EE) "Affected unit" means a group of two or more employees,	921
including a department or shift, designated by an employer to	922
participate in a shared work plan.	923

(FF) "Fringe benefit" means health insurance, a retirement	924
benefit received under a pension plan as defined in section 1002	925
of the "Employee Retirement Income Security Act of 1974," 88 Stat.	926
832, 29 U.S.C. 1001 et seq., a paid vacation day, a paid holiday,	927
sick leave, or any other similar employee benefit provided by an	928
employer.	929

(GG) "Normal weekly hours of work" means the number of hours	930
in a week that an employee normally works for an employer or an	931
average of forty hours per week over a two-week pay period,	932
whichever is less.	933

(HH) "Participating employee" means an employee who works a	934
reduced number of hours under an approved shared work plan.	935

(II) "Participating employer" means an employer who has a	936
shared work plan.	937

(JJ) "Shared work benefit" means an unemployment compensation	938
benefit that is payable to a participating employee.	939

(KK) "Shared work plan" means a plan for reducing	940
unemployment under which employees who are members of an affected	941
unit share the work remaining after a reduction in the employees'	942
normal weekly hours of work.	943

Sec. 4141.50.  There is hereby created the shared work	944
unemployment compensation program. An employer who wishes to	945
participate in the program shall submit a plan to the director of	946
job and family services that satisfies the requirements listed in	947
section 4141.51 of the Revised Code. If an employee the employer	948
covers under the plan is subject to a collective bargaining	949
agreement, the employer shall have the employee's collective	950
bargaining agent approve the plan in writing, and the employer	951
shall submit that approval to the director with the employer's	952
proposed plan.	953

Sec. 4141.51.  (A) The director of job and family services	954
shall approve a shared work plan submitted under section 4141.50	955
of the Revised Code if all of the following are satisfied:	956

(1) The employer identifies a specific affected unit in the	957
plan to which the plan will apply.	958

(2) The employer identifies in the plan the employees in the	959
affected unit by name and social security number.	960

(3) The employer includes a provision in the plan that	961
reduces the normal weekly hours of work for an employee in the	962
affected unit identified in the plan by at least ten per cent but	963
not more than forty per cent.	964

(4) The employer states in the plan that the plan applies to	965
at least ten per cent of the employees within the affected unit.	966

(5) The employer states in the plan that the participating	967
employer will continue to provide fringe benefits on the same	968
basis as the fringe benefits were provided before the reduction in	969
work hours to implement the plan and that, in no event, will the	970
level of any health benefit provided be reduced due to the	971
reduction in hours.	972

(6) The employer certifies in the plan that the	973
implementation of a shared work plan and resulting reduction in	974
work hours is in lieu of temporary layoffs that would affect at	975
least ten per cent of the employees within the affected unit and	976
result in an equivalent reduction in work hours.	977

(7) The employer agrees in writing in the plan to furnish the	978
director reports relating to the operation of the plan as the	979
director requests in accordance with section 4141.54 of the	980
Revised Code.	981

(B) An employer that traditionally has used part-time	982
employees shall not implement a shared work plan to subsidize the	983
employer's employees. A seasonal employer shall not implement a	984
shared work plan to subsidize the seasonal employer's employees	985
during the off-season. As used in this division, "seasonal	986
employer" has the same meaning as in section 4141.33 of the	987
Revised Code.	988

(C) The director shall approve or deny a shared work plan and	989
shall send a written notice to the employer stating whether the	990
director approved or denied the plan not later than thirty days	991
after the director receives the plan. If the director denies	992
approval of a shared work plan, the director shall state the	993
reasons for denying approval in the written notice sent to the	994
employer.	995

Sec. 4141.52.  A shared work plan approved under section	996
4141.51 of the Revised Code takes effect on the date the director	997
of job and family services approves the plan. An approved shared	998
work plan expires on the last day of the twelfth calendar month	999
beginning after the effective date of the plan. The director may	1000
terminate any approved shared work plan for good cause if the plan	1001
is not being executed according to the terms and intent of the	1002
shared work unemployment compensation program.	1003

Sec. 4141.53.  A participating employer may modify a shared	1004
work plan approved under section 4141.51 of the Revised Code to	1005
meet changed conditions regarding the participating employer's	1006
business if the modification conforms to the basic provisions of	1007
the plan as approved by the director of job and family services.	1008
Before implementing the proposed change, the participating	1009
employer shall report the proposed change in writing to the	1010
director. If the director determines that the proposed change will	1011
result in a substantial modification of the plan approved under	1012
section 4141.51 of the Revised Code, the director shall reevaluate	1013
the proposed modified plan to determine whether the plan continues	1014
to satisfy the requirements listed in divisions (A)(1) to (6) of	1015
that section. The director shall approve or deny the modification	1016
in accordance with that section. If the director determines that	1017
the proposed change does not result in a substantial modification	1018
to the approved plan, the director shall approve the proposed	1019
change unless the director determines that the modification does	1020
not conform to the basic provisions of the approved plan.	1021

Approval of a modified plan does not affect the plan's	1022
original expiration date determined under section 4141.52 of the	1023
Revised Code.	1024

Sec. 4141.54.  Upon request of the director of job and family	1025
services, a participating employer shall monitor and evaluate the	1026
operation of the participating employer's shared work plan and	1027
shall report the participating employer's findings to the	1028
director.	1029

Sec. 4141.55.  (A) Notwithstanding section 4141.01, 4141.29,	1030
4141.30, or 4141.31 of the Revised Code, an individual is	1031
unemployed for purposes of this chapter in a week during which the	1032
individual is a participating employee under a shared work plan	1033
approved under section 4141.51 of the Revised Code that is in	1034
effect for that week.	1035

(B) An individual is eligible to receive shared work benefits	1036
for a week in which the individual satisfies all of the following:	1037

(1) The individual is employed as a member of an affected	1038
unit subject to a shared work plan that was approved before that	1039
week and is in effect for that week.	1040

(2) The individual is able to work and is available for	1041
full-time work with the participating employer.	1042

(3) The individual's normal weekly hours of work have been	1043
reduced by at least ten per cent but not more than forty per cent	1044
and the individual receives a corresponding reduction in wages.	1045

(C) Notwithstanding section 4141.29 of the Revised Code, the	1046
director of job and family services shall not deny shared work	1047
benefits for a week to an otherwise eligible participating	1048
employee because the employee is unavailable for work other than	1049
as required under division (B)(2) of this section, is not actively	1050
searching for work, or refuses to apply for or to accept work with	1051
an employer other than the participating employee's participating	1052
employer.	1053

(D) The director shall pay a participating employee who is	1054
eligible for a weekly shared work benefit in an amount equal to	1055
the participating employee's regular weekly benefit amount for a	1056
period of total unemployment as described in division (D) of	1057
section 4141.30 of the Revised Code multiplied by the nearest full	1058
percentage of reduction of the participating employee's wages	1059
under the participating employee's participating employer's shared	1060
work plan. The director shall round the amount of a shared work	1061
benefit that is not a multiple of one dollar to the next highest	1062
dollar amount.	1063

(E) A participating employee is not entitled to receive	1064
shared work benefits and regular unemployment compensation	1065
benefits that exceed the maximum total benefits payable to the	1066
participating employee in a benefit year under section 4141.30 of	1067
the Revised Code. A participating employee shall receive shared	1068
work benefits for a maximum of twenty-six weeks regardless of	1069
whether the participating employee has received the total maximum	1070
benefits payable for the participating employee's benefit year. An	1071
individual who receives shared work benefits is not entitled to	1072
receive benefits for partial unemployment under division (C) of	1073
section 4141.30 of the Revised Code for any week during which the	1074
individual works as a participating employee. The director shall	1075
not pay an individual shared work benefits for a week during which	1076
the individual performs paid work for the individual's	1077
participating employer that exceeds the reduced hours established	1078
under a shared work plan.	1079

(F) An individual who has received all of the shared work	1080
benefits and regular unemployment compensation benefits available	1081
in a benefit year is an individual who has exhausted regular	1082
benefits under section 4141.30 of the Revised Code and is entitled	1083
to receive extended benefits under section 4141.301 of the Revised	1084
Code if the individual is otherwise eligible to receive benefits	1085
under that section.	1086

Section 2.  That existing section 4141.01 of the Revised Code	1087
is hereby repealed.	1088