H-3528.2 _______________________________________________
HOUSE BILL 2440
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Heavey, May, Prentice, Spanel, R. King, Jones, Jacobsen, Franklin, Basich and J. Kohl
Read first time 01/16/92. Referred to Committee on Commerce & Labor.
AN ACT Relating to unemployment compensation for employees of educational institutions; amending RCW 50.44.050 and 50.44.053; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 50.44.050 and 1990 c 33 s 587 are each amended to read as follows:
Except
as otherwise provided in subsections (1) through (((4))) (3) of
this section, benefits based on services in employment covered by or pursuant
to this chapter shall be payable on the same terms and subject to the same
conditions as compensation payable on the basis of other service subject to
this title.
(1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment which commences during the period between two successive academic years or terms (or, when an agreement provides instead for a similar period between two regular but not successive terms, during such period) if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. Any employee of a common school district who is presumed to be reemployed pursuant to RCW 28A.405.210 shall be deemed to have a contract for the ensuing term.
(2) ((Benefits
shall not be paid based on services in any other capacity for an educational
institution for any week of unemployment which commences during the period
between two successive academic years or terms, if such individual performs
such services in the first of such academic years or terms and there is a
reasonable assurance that such individual will perform such services in the
second of such academic years or terms: PROVIDED, That if benefits are denied
to any individual under this subsection and that individual was not offered an
opportunity to perform such services for the educational institution for the
second of such academic years or terms, the individual is entitled to a
retroactive payment of benefits for each week for which the individual filed a
timely claim for benefits and for which benefits were denied solely by reason
of this subsection.
(3))) Benefits
shall not be paid based on any services described in subsection((s)) (1)
((and (2))) of this section for any week of unemployment which commences
during an established and customary vacation period or holiday recess if such
individual performs such services in the period immediately before such
vacation period or holiday recess, and there is a reasonable assurance that
such individual will perform such services in the period immediately following
such vacation period or holiday recess.
(((4)))
(3) Benefits shall not be paid (as specified in subsection((s (1),))
(1) or (2)((, or (3))) of this section) based on any services
described in subsection((s)) (1) ((or (2))) of this section to
any individual who performed such services in an educational institution while
in the employ of an educational service district which is established pursuant
to chapter 28A.310 RCW and exists to provide services to local school
districts.
Sec. 2. RCW 50.44.053 and 1985 ex.s. c 5 s 9 are each amended to read as follows:
The term "reasonable assurance," as used in RCW 50.44.050, means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term as in the first academic year or term. A person shall not be deemed to be performing services "in the same capacity" unless those services are rendered under the same terms or conditions of employment in the ensuing year as in the first academic year or term. An offer of employment that is contingent on funding, enrollment, or program changes does not constitute a reasonable assurance of employment.
NEW SECTION. Sec. 3. Section 1 of this act shall apply to weeks of unemployment beginning on or after April 5, 1992.
NEW SECTION. Sec. 4. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.