BILL REQ. #:  S-3931.1 

Read first time 01/22/2004.   Referred to Committee on Commerce & Trade.

     AN ACT Relating to establishing a benefit year based on employment in certain fishing-related industries assigned the North American industry classification system codes "1141" and "3117"; and amending RCW 50.04.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 50.04.030 and 1991 c 117 s 1 are each amended to read as follows:
     (1) "Benefit year" with respect to each individual, means the fifty-two consecutive week period beginning with the first day of the calendar week in which the individual files an application for an initial determination and thereafter the fifty-two consecutive week period beginning with the first day of the calendar week in which the individual next files an application for an initial determination after the expiration of the individual's last preceding benefit year: PROVIDED, HOWEVER, That the foregoing limitation shall not be deemed to preclude the establishment of a new benefit year under the laws of another state pursuant to any agreement providing for the interstate combining of employment and wages and the interstate payment of benefits nor shall this limitation be deemed to preclude the commissioner from backdating an initial application at the request of the claimant either for the convenience of the department of employment security or for any other reason deemed by the commissioner to be good cause.
     (2) An individual's benefit year shall be extended to be fifty-three weeks when at the expiration of fifty-two weeks the establishment of a new benefit year would result in the use of a quarter of wages in the new base year that had been included in the individual's prior base year.
     ((No)) (3)(a) A benefit year ((will)) may not be established unless it is determined that the individual earned wages in "employment" in not less than six hundred eighty hours of the individual's base year((: PROVIDED, HOWEVER, That)).
     (b) A benefit year may not be established if an individual:
     (i) Earned wages in employment in the fishing and seafood product preparation and packaging industries assigned the North American industry classification system codes "1141" and "3117" in not less than six hundred eighty hours of the individual's base year; and
     (ii) Earned at least seventy-five percent of his or her total base year wages from employment in the fishing and seafood product preparation and packaging industries; and
     (iii) Has total base year wages from employment in the fishing and seafood product preparation and packaging industries that are more than 1.4 times the average annual wage.
     (c) A benefit year ((cannot)) may not be established if the base year wages include wages earned prior to the establishment of a prior benefit year unless the individual worked and earned wages since the last separation from employment immediately before the application for initial determination in the previous benefit year if the applicant was an unemployed individual at the time of application, or since the initial separation in the previous benefit year if the applicant was not an unemployed individual at the time of filing an application for initial determination for the previous benefit year, of not less than six times the weekly benefit amount computed for the individual's new benefit year.
     (d) If an individual's prior benefit year was based on the last four completed calendar quarters, a new benefit year ((shall)) may not be established until the new base year does not include any hours used in the establishment of the prior benefit year.
     (4) If the wages of an individual are not based upon a fixed duration of time or if the individual's wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, the wages for any week shall be determined in such manner as the commissioner may by regulation prescribe. Such regulation shall, so far as possible, secure results reasonably similar to those which would prevail if the individual were paid his or her wages at regular intervals.
     (5) Individuals who are separated from employment between two customary work periods if they were employed during the first period and have reasonable assurance of returning to work during the second period, are not eligible for benefits during this nonwork period. However, if the individual is not offered comparable employment with the same employer in the second customary work period, they are eligible for benefits beginning the first day of the second period.