Bill Title: To permit persons who quit work to accompany the person's spouse on a military transfer to be eligible for unemployment compensation benefits.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2009-12-17 - To Insurance, Commerce, & Labor
[HB46 Detail]Download: Ohio-2009-HB46-Comm_Sub.html
As Reported by the House Veterans Affairs Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Pryor, Book, Yuko, Combs, Goyal
A BILL
| To amend section 4141.29 of the Revised Code to | 1 |
|
permit persons who quit work to accompany the | 2 |
|
person's spouse on a military transfer to be | 3 |
|
eligible for unemployment compensation benefits. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4141.29 of the Revised Code be | 5 |
amended to read as follows: | 6 |
Sec. 4141.29. Each eligible individual shall receive | 7 |
benefits as compensation for loss of remuneration due to | 8 |
involuntary total or partial unemployment in the amounts and | 9 |
subject to the conditions stipulated in this chapter. | 10 |
(A) No individual is entitled to a waiting period or
benefits | 11 |
for any week unless the individual: | 12 |
(1) Has filed a valid application for determination of | 13 |
benefit rights in accordance with section 4141.28 of the Revised | 14 |
Code; | 15 |
(2) Has made a claim for benefits in accordance with
section | 16 |
4141.28 of the Revised Code; | 17 |
(3) Has registered at an employment office or other | 18 |
registration place maintained or designated by the
director of job | 19 |
and family
services. Registration shall be made
in accordance with | 20 |
the time limits,
frequency, and manner prescribed by the director. | 21 |
(4)(a)(i) Is able to work and available for suitable work | 22 |
and, except as provided in division (A)(4)(a)(ii) of this section, | 23 |
is actively seeking suitable work either in a locality in which | 24 |
the individual has earned wages subject to this chapter
during the | 25 |
individual's base
period, or if the individual leaves that | 26 |
locality, then in a locality where
suitable work normally is | 27 |
performed. | 28 |
(ii) The director may waive the requirement that a
claimant | 29 |
be actively seeking work when the director finds
that
the | 30 |
individual has
been laid off and the employer who laid the | 31 |
individual off
has notified the
director within ten days after the | 32 |
layoff, that
work is
expected to be available for the individual | 33 |
within a specified
number of days not to exceed forty-five | 34 |
calendar days following
the last day the individual worked. In the | 35 |
event the individual
is not recalled within the specified period, | 36 |
this waiver
shall
cease to be operative with respect to that | 37 |
layoff. | 38 |
(b) The individual shall be instructed as to the efforts
that | 39 |
the individual must make in the search
for suitable work, except | 40 |
where
the active search for work requirement has been waived under | 41 |
division (A)(4)(a) of this section, and shall keep a record of | 42 |
where and when the individual has sought work in complying
with | 43 |
those
instructions and, upon request, shall produce
that record | 44 |
for
examination by the director. | 45 |
(c) An individual who is attending a training course
approved | 46 |
by the director meets the requirement of
this
division, if | 47 |
attendance was recommended by the
director
and the individual is | 48 |
regularly attending the course and is
making satisfactory | 49 |
progress. An individual also meets the
requirements of this | 50 |
division if the individual is
participating and
advancing in a | 51 |
training program, as defined in division (P) of
section 5709.61 of | 52 |
the Revised Code, and if an enterprise,
defined in division (B) of | 53 |
section 5709.61 of the Revised Code,
is paying all or part of the | 54 |
cost of the individual's
participation in the training program | 55 |
with the intention of
hiring the individual for employment as a | 56 |
new employee, as
defined in division (L) of section 5709.61 of the | 57 |
Revised Code,
for at least ninety days after the individual's | 58 |
completion of the
training program. | 59 |
(d) An individual who becomes unemployed while attending a | 60 |
regularly established school and whose base period qualifying | 61 |
weeks were earned in whole or in part while attending that
school, | 62 |
meets the availability and active search for work
requirements of | 63 |
division (A)(4)(a) of this section if the
individual regularly | 64 |
attends the school during weeks with respect to which the | 65 |
individual claims unemployment benefits and makes
self available | 66 |
on any shift of hours for suitable
employment
with the | 67 |
individual's most recent employer or any other
employer in the | 68 |
individual's base
period, or for any other suitable employment to | 69 |
which the
individual is
directed, under this chapter. | 70 |
(e) The director shall adopt any rules
that the director | 71 |
deems
necessary for the administration of division (A)(4) of this | 72 |
section. | 73 |
(f) Notwithstanding any other provisions of this section,
no | 74 |
otherwise eligible individual shall be denied benefits for any | 75 |
week because the individual is in training approved
under section | 76 |
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 77 |
2296, nor shall that individual be denied benefits by
reason of | 78 |
leaving work to enter such training, provided the work left is
not | 79 |
suitable employment, or because of the application to any
week in | 80 |
training of provisions in this chapter, or any applicable
federal | 81 |
unemployment compensation law, relating to availability
for work, | 82 |
active search for work, or refusal to accept work. | 83 |
For the purposes of division (A)(4)(f) of this section, | 84 |
"suitable employment" means with respect to an individual, work
of | 85 |
a substantially equal or higher skill level than the
individual's | 86 |
past adversely affected employment, as defined for
the purposes of | 87 |
the "Trade Act of 1974," 88 Stat. 1978, 19
U.S.C.A. 2101, and | 88 |
wages for such work at not less than eighty
per cent of the | 89 |
individual's average weekly wage as determined
for the purposes of | 90 |
that federal act. | 91 |
(5) Is unable to obtain suitable work.
An individual who is | 92 |
provided temporary work assignments by the
individual's
employer | 93 |
under agreed terms and conditions of employment, and who is | 94 |
required pursuant to those terms and conditions to inquire with | 95 |
the
individual's employer for available work assignments upon the | 96 |
conclusion of
each work assignment, is not considered unable to | 97 |
obtain suitable
employment if suitable work assignments are | 98 |
available with the employer but
the individual fails to contact | 99 |
the employer to inquire about work
assignments. | 100 |
(6) Participates in reemployment services, such as job
search | 101 |
assistance services, if the individual has been determined
to be | 102 |
likely to exhaust benefits under this chapter, including | 103 |
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other
than | 104 |
extended compensation, and needs reemployment services
pursuant to | 105 |
the profiling system established by the
director
under division | 106 |
(K) of this section, unless the
director
determines that: | 107 |
(a) The individual has completed such services; or | 108 |
(b) There is justifiable cause for the claimant's failure
to | 109 |
participate in such services. | 110 |
(B) An individual suffering total or partial unemployment
is | 111 |
eligible for benefits for unemployment occurring subsequent to
a | 112 |
waiting period of one week and no benefits shall be payable
during | 113 |
this required waiting period. Not more than one week of
waiting | 114 |
period shall be required of any individual in any
benefit year in | 115 |
order to establish the individual's
eligibility for total or | 116 |
partial unemployment benefits. | 117 |
(C) The waiting period for total or partial unemployment | 118 |
shall commence on the first day of the first week with respect to | 119 |
which the individual first files a claim for benefits at an | 120 |
employment office or other place of registration maintained or | 121 |
designated by the director or on the first day of
the first
week | 122 |
with respect to which the individual has otherwise filed
a claim | 123 |
for
benefits in accordance with the rules of the department
of job | 124 |
and family services, provided
such claim is allowed by the | 125 |
director. | 126 |
(D) Notwithstanding division (A) of this section, no | 127 |
individual may serve a waiting period or be paid benefits under | 128 |
the following conditions: | 129 |
(1) For any week with respect to which the
director
finds | 130 |
that: | 131 |
(a) The individual's unemployment was due to a labor
dispute | 132 |
other than
a lockout at any factory, establishment, or other | 133 |
premises
located in this or any other state and owned or operated | 134 |
by the
employer by which the individual is or was last employed; | 135 |
and
for so long as
the individual's unemployment is due to such | 136 |
labor dispute.
No individual
shall be disqualified under this | 137 |
provision if either of the following
applies: | 138 |
(i) The individual's employment was with such employer at
any | 139 |
factory,
establishment, or premises located in this state, owned | 140 |
or
operated by such employer, other than the factory, | 141 |
establishment,
or premises at which the labor dispute exists, if | 142 |
it is shown
that the individual is not financing, participating | 143 |
in, or
directly
interested in such labor dispute; | 144 |
(ii) The individual's employment was with an employer not | 145 |
involved in
the labor dispute but whose place of business was | 146 |
located within
the same premises as the employer engaged in the | 147 |
dispute, unless
the individual's employer is a wholly owned | 148 |
subsidiary of
the employer engaged
in the dispute, or unless the | 149 |
individual actively
participates in or
voluntarily stops work | 150 |
because of such dispute. If it is
established that the claimant | 151 |
was laid off for an indefinite
period and not recalled to work | 152 |
prior to the dispute, or was
separated by the employer prior to | 153 |
the dispute for reasons other
than the labor dispute, or that the | 154 |
individual obtained a
bona fide job with
another employer while | 155 |
the dispute was still in progress, such
labor dispute shall not | 156 |
render the employee ineligible for
benefits. | 157 |
(b) The individual has been given a disciplinary layoff for | 158 |
misconduct
in connection with the individual's work. | 159 |
(2) For the duration of the individual's unemployment if
the | 160 |
director finds that: | 161 |
(a) The individual quit work without just cause
or has been | 162 |
discharged for just cause in connection with the
individual's | 163 |
work, provided
division (D)(2) of this section does not apply to | 164 |
the separation
of a person under any of the following | 165 |
circumstances: | 166 |
(i) Separation from employment for the purpose of entering | 167 |
the armed forces of the United States if the individual is | 168 |
inducted into the armed forces within one of the following | 169 |
periods: | 170 |
(I) Thirty
days
after separation; | 171 |
(II) One hundred eighty days after separation if the | 172 |
individual's date of induction is delayed solely at the discretion | 173 |
of the armed forces. | 174 |
(ii) Separation from employment pursuant to a | 175 |
labor-management contract or agreement, or pursuant to an | 176 |
established employer plan, program, or policy, which permits the | 177 |
employee, because of lack of work, to accept a separation from | 178 |
employment; | 179 |
(iii) The individual has left employment to
accept a recall | 180 |
from a
prior employer or, except as provided in division | 181 |
(D)(2)(a)(iv) of this section, to accept other employment
as | 182 |
provided under
section 4141.291 of the Revised Code, or left or | 183 |
was separated
from employment that was concurrent employment at | 184 |
the time
of the most recent separation or within six weeks prior | 185 |
to the most
recent separation where the remuneration, hours, or | 186 |
other
conditions of such concurrent employment were substantially | 187 |
less
favorable than the individual's most recent employment and | 188 |
where such employment, if offered as new work, would be considered | 189 |
not
suitable under the provisions of divisions (E) and (F) of this | 190 |
section. Any benefits that would otherwise be chargeable
to the | 191 |
account of the employer from whom an individual has left | 192 |
employment or was separated from employment that was concurrent | 193 |
employment under conditions described in division
(D)(2)(a)(iii) | 194 |
of this section, shall instead be charged
to the mutualized | 195 |
account created by division (B) of section 4141.25 of the
Revised | 196 |
Code, except that any benefits chargeable to the account of a | 197 |
reimbursing employer under division (D)(2)(a)(iii) of this
section | 198 |
shall be charged to the account of the reimbursing
employer and | 199 |
not to the mutualized account, except as
provided in division | 200 |
(D)(2) of section 4141.24 of the Revised Code. | 201 |
(iv) When an individual has been issued a definite
layoff | 202 |
date by the individual's employer and before the layoff
date, the | 203 |
individual quits to accept other employment, the provisions of | 204 |
division
(D)(2)(a)(iii) of this section apply and no | 205 |
disqualification
shall be imposed under division (D) of this | 206 |
section. However, if
the individual fails to meet the employment | 207 |
and earnings
requirements of division (A)(2) of section 4141.291 | 208 |
of the
Revised Code, then the individual, pursuant to division | 209 |
(A)(5) of this section, shall be ineligible for benefits for any | 210 |
week
of unemployment that occurs prior to the layoff date. | 211 |
(v) The individual's spouse is a member of the armed services | 212 |
of the United States, the spouse is the subject of a military | 213 |
transfer, and the individual left employment to accompany the | 214 |
individual's spouse. | 215 |
(b) The individual has refused without good cause to accept | 216 |
an offer
of suitable work when made by an employer either in | 217 |
person or to
the individual's last known address, or has refused | 218 |
or
failed to investigate a
referral to suitable work when directed | 219 |
to do so by a local
employment office of this state or another | 220 |
state, provided that
this division shall not cause a | 221 |
disqualification for a waiting
week or benefits under the | 222 |
following circumstances: | 223 |
(i) When work is offered by the individual's employer and
the | 224 |
individual is not
required to accept the offer pursuant to the | 225 |
terms of the
labor-management contract or agreement; or | 226 |
(ii) When the individual is attending a
training course | 227 |
pursuant to division (A)(4) of this section
except, in the event | 228 |
of a refusal to accept an offer of suitable
work or a refusal or | 229 |
failure to investigate a referral, benefits
thereafter paid to | 230 |
such individual shall not be charged to the
account of any | 231 |
employer and, except as provided in division
(B)(1)(b) of section | 232 |
4141.241 of the Revised Code, shall be
charged to the mutualized | 233 |
account as provided in division
(B) of
section 4141.25 of the | 234 |
Revised Code. | 235 |
(c) Such individual quit work to marry or because of
marital, | 236 |
parental, filial, or other domestic obligations. | 237 |
(d) The individual became unemployed by reason of commitment | 238 |
to any
correctional institution. | 239 |
(e) The individual became unemployed because of dishonesty
in | 240 |
connection with the individual's most recent or any base
period | 241 |
work. Remuneration earned in such work shall be excluded from
the | 242 |
individual's total base period remuneration and qualifying weeks | 243 |
that otherwise would be credited to
the individual for such
work | 244 |
in the individual's base period shall not be credited for
the | 245 |
purpose of determining the total benefits to which the
individual | 246 |
is eligible and the weekly benefit amount to be paid
under section | 247 |
4141.30 of the Revised Code. Such excluded
remuneration and | 248 |
noncredited qualifying weeks shall be excluded
from the | 249 |
calculation of the maximum amount to be charged, under
division | 250 |
(D) of section 4141.24 and section 4141.33 of the
Revised Code, | 251 |
against the accounts of the individual's base
period employers. In | 252 |
addition, no benefits shall thereafter be
paid to the individual | 253 |
based upon such excluded
remuneration or
noncredited qualifying | 254 |
weeks. | 255 |
For purposes of division (D)(2)(e) of this section, | 256 |
"dishonesty" means the commission of substantive theft, fraud, or | 257 |
deceitful acts. | 258 |
(E) No individual otherwise qualified to receive benefits | 259 |
shall lose the right to benefits by reason of a refusal to accept | 260 |
new work if: | 261 |
(1) As a condition of being so employed the individual would | 262 |
be
required to join a company union, or to resign from or refrain | 263 |
from joining any bona fide labor organization, or would be denied | 264 |
the right to retain membership in and observe the lawful rules of | 265 |
any such organization. | 266 |
(2) The position offered is vacant due directly to a
strike, | 267 |
lockout, or other labor dispute. | 268 |
(3) The work is at an unreasonable distance from the | 269 |
individual's
residence, having regard to the character of the work | 270 |
the
individual has been
accustomed to do, and travel to the place | 271 |
of work involves
expenses substantially greater than that required | 272 |
for the
individual's former
work, unless the expense is provided | 273 |
for. | 274 |
(4) The remuneration, hours, or other conditions of the
work | 275 |
offered are substantially less favorable to the individual
than | 276 |
those prevailing for similar work in the locality. | 277 |
(F) Subject to the special exceptions contained in
division | 278 |
(A)(4)(f) of this section and section 4141.301 of the
Revised | 279 |
Code, in determining whether any work is suitable for a
claimant | 280 |
in the administration of this chapter, the
director, in addition | 281 |
to the determination required under division
(E) of this section, | 282 |
shall consider the degree of risk to the
claimant's health, | 283 |
safety, and morals, the individual's
physical fitness for
the | 284 |
work, the individual's prior training and experience,
the length | 285 |
of the individual's
unemployment, the distance of the available | 286 |
work from the
individual's
residence, and the individual's | 287 |
prospects for obtaining
local work. | 288 |
(G) The "duration of unemployment" as used in this
section | 289 |
means the full period of unemployment next ensuing after
a | 290 |
separation from any base period or subsequent work and until an | 291 |
individual has become reemployed in employment subject to this | 292 |
chapter, or the unemployment compensation act of another state,
or | 293 |
of the United States, and until such individual has worked six | 294 |
weeks and for those weeks has earned or been paid
remuneration | 295 |
equal to six times an average weekly wage of not less than: | 296 |
eighty-five dollars and ten cents per week beginning on June 26, | 297 |
1990; and beginning on and after January 1, 1992, twenty-seven
and | 298 |
one-half per cent of the statewide average weekly wage as
computed | 299 |
each first day of January under division (B)(3) of
section 4141.30 | 300 |
of the Revised Code, rounded down to the nearest
dollar, except | 301 |
for purposes of division (D)(2)(c) of this
section, such term | 302 |
means the full period of unemployment next
ensuing after a | 303 |
separation from such work and until such
individual has become | 304 |
reemployed subject to the terms set forth
above, and has earned | 305 |
wages equal to one-half of the
individual's average
weekly wage or | 306 |
sixty dollars, whichever is less. | 307 |
(H) If a claimant is disqualified under division
(D)(2)(a), | 308 |
(c), or (d) of this section or found to be qualified
under the | 309 |
exceptions provided in division (D)(2)(a)(i),
(iii), or (iv), or | 310 |
(v) of this section or division (A)(2) of section
4141.291 of the | 311 |
Revised Code, then benefits that may
become
payable to such | 312 |
claimant, which are chargeable to the account of
the employer from | 313 |
whom the individual was separated under
such conditions,
shall be | 314 |
charged to the mutualized account provided in section
4141.25 of | 315 |
the Revised Code, provided that no charge shall be
made to the | 316 |
mutualized account for benefits chargeable to a
reimbursing | 317 |
employer, except as provided in division (D)(2)
of
section 4141.24 | 318 |
of the Revised Code. In the case of a
reimbursing employer, the | 319 |
director shall refund or
credit to
the account of the reimbursing | 320 |
employer any over-paid benefits
that are recovered under division | 321 |
(B) of section 4141.35 of the
Revised Code. Amounts chargeable to | 322 |
other states, the United States, or Canada that are subject to | 323 |
agreements and arrangements that are established pursuant to | 324 |
section 4141.43 of the Revised Code shall be credited or | 325 |
reimbursed according to the agreements and arrangements to which | 326 |
the chargeable amounts are subject. | 327 |
(I)(1) Benefits based on service in employment as provided
in | 328 |
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised
Code | 329 |
shall be payable in the same amount, on the same terms, and | 330 |
subject to the same conditions as benefits payable on the basis
of | 331 |
other service subject to this chapter; except that after
December | 332 |
31, 1977: | 333 |
(a) Benefits based on service in an instructional,
research, | 334 |
or principal administrative capacity in an institution
of higher | 335 |
education, as defined in division (Y) of section
4141.01 of the | 336 |
Revised Code; or for an educational institution as
defined in | 337 |
division (CC) of section 4141.01 of the Revised Code,
shall not be | 338 |
paid to any individual for any week of unemployment
that begins | 339 |
during the period between two successive
academic
years or terms, | 340 |
or during a similar period between two regular
but not successive | 341 |
terms or during a period of paid sabbatical
leave provided for in | 342 |
the individual's contract, if the
individual performs such | 343 |
services in the first of those
academic
years or terms and has a | 344 |
contract or a reasonable assurance that
the individual will | 345 |
perform services in any such capacity for any
such institution in | 346 |
the second of those academic years or
terms. | 347 |
(b) Benefits based on service for an educational
institution | 348 |
or an institution of higher education in other than
an | 349 |
instructional, research, or principal administrative capacity, | 350 |
shall not be paid to any individual for any week of unemployment | 351 |
which begins during the period between two successive academic | 352 |
years or terms of the employing educational institution or | 353 |
institution of higher education, provided the individual
performed | 354 |
those services for the educational institution or
institution of | 355 |
higher education during the first such academic
year or term and, | 356 |
there is a reasonable assurance that such
individual will perform | 357 |
those services for any educational
institution or institution of | 358 |
higher education in the second of
such academic years or terms. | 359 |
If compensation is denied to any individual for any week | 360 |
under division (I)(1)(b) of this section and the individual was | 361 |
not offered an opportunity to perform those services for an | 362 |
institution of higher education or for an educational institution | 363 |
for the second of such academic years or terms, the individual is | 364 |
entitled to a retroactive payment of compensation for each week | 365 |
for which the individual timely filed a claim for compensation
and | 366 |
for which compensation was denied solely by reason of
division | 367 |
(I)(1)(b) of this section. An application for
retroactive benefits | 368 |
shall be timely filed if received by the
director or the | 369 |
director's deputy within or prior
to the end of the
fourth full | 370 |
calendar week after the end of the period for which
benefits were | 371 |
denied because of reasonable assurance of
employment. The | 372 |
provision for the payment of retroactive
benefits under division | 373 |
(I)(1)(b) of this section is applicable
to weeks of unemployment | 374 |
beginning on and after November 18,
1983. The provisions under | 375 |
division (I)(1)(b) of this section
shall be retroactive to | 376 |
September 5, 1982, only if, as a
condition for full tax credit | 377 |
against the tax imposed by the
"Federal Unemployment Tax Act," 53 | 378 |
Stat. 183 (1939), 26 U.S.C.A.
3301 to 3311, the United States | 379 |
secretary of labor determines
that
retroactivity is required by | 380 |
federal law. | 381 |
(c) With respect to weeks of unemployment beginning after | 382 |
December 31, 1977, benefits shall be denied to any individual for | 383 |
any week which commences during an established and customary | 384 |
vacation period or holiday recess, if the individual performs any | 385 |
services described in divisions (I)(1)(a) and (b) of this section | 386 |
in the period immediately before the vacation period or holiday | 387 |
recess, and there is a reasonable assurance that the individual | 388 |
will perform any such services in the period immediately
following | 389 |
the vacation period or holiday recess. | 390 |
(d) With respect to any services described in division | 391 |
(I)(1)(a), (b), or (c) of this section, benefits payable on the | 392 |
basis of services in any such capacity shall be denied as | 393 |
specified in division (I)(1)(a), (b), or (c) of this section to | 394 |
any individual who performs such services in an educational | 395 |
institution or institution of higher education while in the
employ | 396 |
of an educational service agency. For this purpose, the
term | 397 |
"educational service agency" means a governmental agency or | 398 |
governmental entity that is established and operated
exclusively | 399 |
for the purpose of providing services to one or more educational | 400 |
institutions or one or more institutions of higher education. | 401 |
(e) Any individual employed by a public school district or
a | 402 |
county board of mental retardation shall be notified by the | 403 |
thirtieth day of April each year if the individual is not to
be | 404 |
reemployed
the following academic year. | 405 |
(2) No disqualification will be imposed, between academic | 406 |
years or terms or during a vacation period or holiday recess
under | 407 |
this division, unless the director or the
director's deputy has | 408 |
received a statement in writing from the educational institution | 409 |
or institution of higher education that the claimant has a | 410 |
contract for, or a reasonable assurance of, reemployment for the | 411 |
ensuing academic year or term. | 412 |
(3) If an individual has employment with an educational | 413 |
institution or an institution of higher education and employment | 414 |
with a noneducational employer, during the base period of the | 415 |
individual's benefit year, then the individual may become
eligible | 416 |
for benefits during the between-term, or vacation or
holiday | 417 |
recess, disqualification period, based on employment
performed for | 418 |
the noneducational employer, provided that the
employment is | 419 |
sufficient to qualify the individual for benefit
rights separately | 420 |
from the benefit rights based on school
employment. The weekly | 421 |
benefit amount and maximum benefits
payable during a | 422 |
disqualification period shall be computed based
solely on the | 423 |
nonschool employment. | 424 |
(J) Benefits shall not be paid on the basis of employment | 425 |
performed by an alien, unless the alien had been lawfully
admitted | 426 |
to the United States for permanent residence at the time
the | 427 |
services were performed, was lawfully present for purposes of | 428 |
performing the services, or was otherwise permanently residing in | 429 |
the United States under color of law at the time the services
were | 430 |
performed, under section 212(d)(5) of the "Immigration and | 431 |
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: | 432 |
(1) Any data or information required of individuals
applying | 433 |
for benefits to determine whether benefits are not
payable to them | 434 |
because of their alien status shall be uniformly
required from all | 435 |
applicants for benefits. | 436 |
(2) In the case of an individual whose application for | 437 |
benefits would otherwise be approved, no determination that | 438 |
benefits to the individual are not payable because of the | 439 |
individual's alien
status shall be made except upon a | 440 |
preponderance of the evidence
that the individual had not, in | 441 |
fact, been lawfully admitted to
the United States. | 442 |
(K) The director shall establish and utilize a
system
of | 443 |
profiling all new claimants under this chapter that: | 444 |
(1) Identifies which claimants will be likely to exhaust | 445 |
regular compensation and will need job search assistance services | 446 |
to make a successful transition to new employment; | 447 |
(2) Refers claimants identified pursuant to division
(K)(1) | 448 |
of this section to reemployment services, such as job
search | 449 |
assistance services, available under any state or federal
law; | 450 |
(3) Collects follow-up information relating to the
services | 451 |
received by such claimants and the employment outcomes
for such | 452 |
claimant's subsequent to receiving such services and
utilizes such | 453 |
information in making identifications pursuant to
division (K)(1) | 454 |
of this section; and | 455 |
(4) Meets such other requirements as the United States | 456 |
secretary of labor determines are appropriate. | 457 |
Section 2. That existing section 4141.29 of the Revised Code | 458 |
is hereby repealed. | 459 |