BILL REQ. #: H-1426.3
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/02/09. Referred to Committee on Commerce & Labor.
AN ACT Relating to improving economic security through unemployment compensation; amending RCW 50.20.120, 50.22.150, 50.60.020, 50.60.030, 50.60.060, 50.60.070, 50.60.090, 50.60.100, and 50.29.021; adding a new section to chapter 50.20 RCW; adding new sections to chapter 50.22 RCW; creating new sections; providing effective dates; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 This act may be known and cited as the
economic security act of 2009.
NEW SECTION. Sec. 2 A new section is added to chapter 50.20 RCW
to read as follows:
(1) This section applies beginning May 3, 2009.
(2)(a) For claims with an effective date before May 3, 2009, in
weeks of unemployment beginning on or after May 3, 2009, an
individual's weekly benefit amount shall be the amount established
under RCW 50.20.120 and subsection (3) of this section plus an
additional forty-five dollars. For individuals who have a balance of
regular unemployment benefits available, the weekly benefit amount
under this subsection (2)(a) is payable for all remaining weeks of
regular, extended, emergency, supplemental, or additional benefits on
that claim. For individuals who have exhausted regular benefits but
have a balance of training benefits available as provided in section 4
of this act or RCW 50.22.150, the weekly benefit amount under this
subsection (2)(a) is payable for all remaining weeks of training
benefits, but not for weeks of extended, emergency, supplemental, or
additional benefits on that claim unless specifically authorized under
federal or state law.
(b) For claims with an effective date on or after May 3, 2009, and
before January 3, 2010, an individual's weekly benefit amount shall be
the amount established under RCW 50.20.120 and subsection (3) of this
section plus an additional forty-five dollars. The weekly benefit
amount under this subsection (2)(b) is payable for all weeks of
regular, extended, emergency, supplemental, or additional benefits on
that claim.
(3)(a) For benefit years beginning before May 3, 2009, in weeks of
unemployment beginning on or after May 3, 2009, the minimum amount
payable weekly shall be one hundred fifty-five dollars. For
individuals who have a balance of regular unemployment benefits
available, the minimum amount payable weekly under this subsection
(3)(a) is payable for all remaining weeks of regular, extended,
emergency, supplemental, or additional benefits on that claim. For
individuals who have exhausted regular benefits but have a balance of
training benefits available as provided in section 4 of this act or RCW
50.22.150, the minimum amount payable weekly under this subsection
(3)(a) is payable for all remaining weeks of training benefits, but not
for weeks of extended, emergency, supplemental, or additional benefits
on that claim unless specifically authorized under federal or state
law.
(b) For benefit years beginning on or after May 3, 2009, and before
January 3, 2010, the minimum amount payable weekly shall be one hundred
fifty-five dollars. The minimum amount payable weekly under this
subsection (3)(b) is payable for all weeks of regular, extended,
emergency, supplemental, or additional benefits on that claim.
(4) The weekly benefit amounts and the minimum amounts payable
weekly under this section shall increase the maximum benefits payable
to the individual under RCW 50.20.120(1) by a corresponding dollar
amount.
(5) The weekly benefit amounts under this section shall increase
the maximum amount payable weekly, irrespective of the provisions of
RCW 50.20.120(3).
(6) Payment of benefits to individuals whose weekly benefit amounts
are increased under this section shall be subject to the same terms and
conditions under this title that apply to the payment of benefits to
individuals whose benefit amounts are established under RCW 50.20.120.
(7) This section expires January 2, 2010.
Sec. 3 RCW 50.20.120 and 2006 c 13 s 1 are each amended to read
as follows:
Except as provided in section 2 of this act, benefits shall be
payable as provided in this section.
(1)(((a) Subject to the other provisions of this title, benefits
shall be payable to any eligible individual during the individual's
benefit year in a maximum amount equal to the lesser of thirty times
the weekly benefit amount, as determined in subsection (2) of this
section, or one-third of the individual's base year wages under this
title: PROVIDED, That as to any week which falls in an extended
benefit period as defined in RCW 50.22.010(1), an individual's
eligibility for maximum benefits in excess of twenty-six times his or
her weekly benefit amount will be subject to the terms and conditions
set forth in RCW 50.22.020.)) For claims with an effective date
on or after April 4, 2004, benefits shall be payable to any eligible
individual during the individual's benefit year in a maximum amount
equal to the lesser of twenty-six times the weekly benefit amount, as
determined in subsection (2) of this section, or one-third of the
individual's base year wages under this title.
(b) With respect to claims that have an effective date on or after
the first Sunday of the calendar month immediately following the month
in which the commissioner finds that the state unemployment rate is six
and eight-tenths percent or less,
(2)(((a) For claims with an effective date before January 4, 2004,
an individual's weekly benefit amount shall be an amount equal to one
twenty-fifth of the average quarterly wages of the individual's total
wages during the two quarters of the individual's base year in which
such total wages were highest.)) For claims with an effective date on or
after ((
(b) With respect to claims with an effective date on or after
January 4, 2004, and before January 2, 2005, an individual's weekly
benefit amount shall be an amount equal to one twenty-fifth of the
average quarterly wages of the individual's total wages during the
three quarters of the individual's base year in which such total wages
were highest.
(c)(i) With respect to claims with an effective date on or after
January 2, 2005, except as provided in (c)(ii) of this subsection, an
individual's weekly benefit amount shall be an amount equal to one
percent of the total wages paid in the individual's base year.
(ii) With respect tothe first Sunday following)) April ((22)) 24, 2005, an
individual's weekly benefit amount shall be an amount equal to three
and eighty-five one-hundredths percent of the average quarterly wages
of the individual's total wages during the two quarters of the
individual's base year in which such total wages were highest.
(3) The maximum and minimum amounts payable weekly shall be
determined as of each June 30th to apply to benefit years beginning in
the twelve-month period immediately following such June 30th.
(a)(((i) With respect to claims that have an effective date before
January 4, 2004, the maximum amount payable weekly shall be seventy
percent of the "average weekly wage" for the calendar year preceding
such June 30th.)) The maximum amount payable weekly shall be either
four hundred ninety-six dollars or sixty-three percent of the "average
weekly wage" for the calendar year preceding such June 30th, whichever
is greater.
(ii) With respect to claims that have an effective date on or after
January 4, 2004,
(b) The minimum amount payable weekly shall be fifteen percent of
the "average weekly wage" for the calendar year preceding such June
30th.
(4) If any weekly benefit, maximum benefit, or minimum benefit
amount computed herein is not a multiple of one dollar, it shall be
reduced to the next lower multiple of one dollar.
NEW SECTION. Sec. 4 A new section is added to chapter 50.22 RCW
to read as follows:
(1) This section applies to claims with an effective date on or
after April 5, 2009.
(2) Subject to availability of funds, training benefits are
available for an individual who is eligible for or has exhausted
entitlement to unemployment compensation benefits when:
(a) The individual is a dislocated worker as defined in RCW
50.04.075 and, after assessment of the individual's labor market,
occupation, or skills, is determined to need job-related training to
find suitable employment in the individual's labor market. The
assessment of demand for the individual's occupation or skill sets must
be substantially based on declining occupation or skill sets and high-demand occupations identified in local labor market areas by the local
workforce development councils in cooperation with the employment
security department and its labor market information division; or
(b) For claims with an effective date on or after July 5, 2009, the
individual:
(i) During the base period, the result of total reported wages
divided by total hours worked for that individual is less than one
hundred thirty percent of the state minimum wage, and after assessment,
it is determined that the individual's earning potential will be
enhanced through vocational training;
(ii) Served in the United States military during the twelve-month
period prior to the application date, was honorably discharged from
military service, and, after assessment, is determined to need job-related training to find suitable employment in the individual's labor
market; or
(iii) Is disabled due to an injury or illness and, after
assessment, is determined to be unable to return to his or her previous
occupation and in need of job-related training to obtain suitable
employment in the individual's labor market.
(3)(a) The individual must develop an individual training program
that is submitted to the commissioner for approval within ninety days
after the individual is notified by the employment security department
of the requirements of this section;
(b) The individual must enter the approved training program by one
hundred twenty days after the date of the notification, unless the
employment security department determines that the training is not
available during the one hundred twenty days, in which case the
individual enters training as soon as it is available;
(c) The department may waive the deadlines established under this
subsection for reasons deemed by the commissioner to be good cause.
(4) The individual must be enrolled in training approved under this
section on a full-time basis as determined by the educational
institution, except that less than full-time training may be approved
when the individual has a physical, mental, or emotional disability
that precludes enrollment on a full-time basis.
(5) The individual must make satisfactory progress in the training
as defined by the commissioner and certified by the educational
institution.
(6) An individual is not eligible for training benefits under this
section if he or she:
(a) Is a standby claimant who expects recall to his or her regular
employer; or
(b) Has a definite recall date that is within six months of the
date he or she is laid off.
(7) The following definitions apply throughout this section unless
the context clearly requires otherwise.
(a) "Educational institution" means an institution of higher
education as defined in RCW 28B.10.016 or an educational institution as
defined in RCW 28C.04.410, including equivalent educational
institutions in other states.
(b) "High-demand occupation" means an occupation with a substantial
number of current or projected employment opportunities.
(c) "Training benefits" means additional benefits paid under this
section.
(d) "Training program" means:
(i) An education program determined to be necessary as a
prerequisite to vocational training after counseling at the educational
institution in which the individual enrolls under his or her approved
training program; or
(ii) A vocational training program at an educational institution
that:
(A) Is targeted to training for a high-demand occupation;
(B) Is likely to enhance the individual's marketable skills and
earning power; and
(C) Meets the criteria for performance developed by the workforce
training and education coordinating board for the purpose of
determining those training programs eligible for funding under Title I
of P.L. 105-220.
"Training program" does not include any course of education
primarily intended to meet the requirements of a baccalaureate or
higher degree, unless the training meets specific requirements for
certification, licensing, or for specific skills necessary for the
occupation.
(8) Benefits shall be paid as follows:
(a) The total training benefit amount shall be fifty-two times the
individual's weekly benefit amount, reduced by the total amount of
regular benefits and extended benefits paid, or deemed paid, with
respect to the benefit year.
(b) The weekly benefit amount shall be the same as the regular
weekly amount payable during the applicable benefit year and shall be
paid under the same terms and conditions as regular benefits.
(c) Training benefits shall be paid before any extended benefits
but not before any similar federally funded program.
(d) Training benefits are not payable for weeks more than two years
beyond the end of the benefit year of the regular claim.
(9) The requirement under RCW 50.22.010(10) relating to exhausting
regular benefits does not apply to an individual otherwise eligible for
training benefits under this section when the individual's benefit year
ends before his or her training benefits are exhausted and the
individual is eligible for a new benefit year. These individuals will
have the option of remaining on the original claim or filing a new
claim.
(10) Individuals who receive training benefits under RCW 50.22.150
or this section are not eligible for training benefits under this
section for five years from the last receipt of training benefits.
(11) An individual eligible to receive a trade readjustment
allowance under chapter 2, Title II of the trade act of 1974, as
amended, shall not be eligible to receive benefits under this section
for each week the individual receives such trade readjustment
allowance.
(12) An individual eligible to receive emergency unemployment
compensation under any federal law shall not be eligible to receive
benefits under this section for each week the individual receives such
compensation.
(13) All base year employers are interested parties to the approval
of training and the granting of training benefits.
(14) Each local workforce development council, in cooperation with
the employment security department and its labor market information
division, must identify occupations and skill sets that are declining
and high-demand occupations and skill sets. Each local workforce
development council shall update this information annually or more
frequently if needed.
(15) The commissioner shall adopt rules as necessary to implement
this section.
Sec. 5 RCW 50.22.150 and 2002 c 149 s 2 are each amended to read
as follows:
(1) This section applies to claims with an effective date before
April 5, 2009.
(2) Subject to availability of funds, training benefits are
available for an individual who is eligible for or has exhausted
entitlement to unemployment compensation benefits and who:
(a) Is a dislocated worker as defined in RCW 50.04.075;
(b) Except as provided under subsection (((2))) (3) of this
section, has demonstrated, through a work history, sufficient tenure in
an occupation or in work with a particular skill set. This screening
will take place during the assessment process;
(c) Is, after assessment of demand for the individual's occupation
or skills in the individual's labor market, determined to need job-related training to find suitable employment in his or her labor
market. Beginning July 1, 2001, the assessment of demand for the
individual's occupation or skill sets must be substantially based on
declining occupation or skill sets identified in local labor market
areas by the local workforce development councils, in cooperation with
the employment security department and its labor market information
division, under subsection (((10))) (11) of this section;
(d) Develops an individual training program that is submitted to
the commissioner for approval within sixty days after the individual is
notified by the employment security department of the requirements of
this section;
(e) Enters the approved training program by ninety days after the
date of the notification, unless the employment security department
determines that the training is not available during the ninety-day
period, in which case the individual enters training as soon as it is
available; and
(f) Is enrolled in training approved under this section on a full-time basis as determined by the educational institution, and is making
satisfactory progress in the training as certified by the educational
institution.
(((2))) (3) Until June 30, 2002, the following individuals who meet
the requirements of subsection (((1))) (2) of this section may, without
regard to the tenure requirements under subsection (((1))) (2)(b) of
this section, receive training benefits as provided in this section:
(a) An exhaustee who has base year employment in the aerospace
industry assigned the standard industrial classification code "372" or
the North American industry classification system code "336411";
(b) An exhaustee who has base year employment in the forest
products industry, determined by the department, but including the
industries assigned the major group standard industrial classification
codes "24" and "26" or any equivalent codes in the North American
industry classification system code, and the industries involved in the
harvesting and management of logs, transportation of logs and wood
products, processing of wood products, and the manufacturing and
distribution of wood processing and logging equipment; or
(c) An exhaustee who has base year employment in the fishing
industry assigned the standard industrial classification code "0912" or
any equivalent codes in the North American industry classification
system code.
(((3))) (4) An individual is not eligible for training benefits
under this section if he or she:
(a) Is a standby claimant who expects recall to his or her regular
employer;
(b) Has a definite recall date that is within six months of the
date he or she is laid off; or
(c) Is unemployed due to a regular seasonal layoff which
demonstrates a pattern of unemployment consistent with the provisions
of RCW 50.20.015. Regular seasonal layoff does not include layoff due
to permanent structural downsizing or structural changes in the
individual's labor market.
(((4))) (5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Educational institution" means an institution of higher
education as defined in RCW 28B.10.016 or an educational institution as
defined in RCW 28C.04.410, including equivalent educational
institutions in other states.
(b) "Sufficient tenure" means earning a plurality of wages in a
particular occupation or using a particular skill set during the base
year and at least two of the four twelve-month periods immediately
preceding the base year.
(c) "Training benefits" means additional benefits paid under this
section.
(d) "Training program" means:
(i) An education program determined to be necessary as a
prerequisite to vocational training after counseling at the educational
institution in which the individual enrolls under his or her approved
training program; or
(ii) A vocational training program at an educational institution:
(A) That is targeted to training for a high demand occupation.
Beginning July 1, 2001, the assessment of high demand occupations
authorized for training under this section must be substantially based
on labor market and employment information developed by local workforce
development councils, in cooperation with the employment security
department and its labor market information division, under subsection
(((10))) (11) of this section;
(B) That is likely to enhance the individual's marketable skills
and earning power; and
(C) That meets the criteria for performance developed by the
workforce training and education coordinating board for the purpose of
determining those training programs eligible for funding under Title I
of P.L. 105-220.
"Training program" does not include any course of education
primarily intended to meet the requirements of a baccalaureate or
higher degree, unless the training meets specific requirements for
certification, licensing, or for specific skills necessary for the
occupation.
(((5))) (6) Benefits shall be paid as follows:
(a)(i) Except as provided in (a)(iii) of this subsection, for
exhaustees who are eligible under subsection (((1))) (2) of this
section, the total training benefit amount shall be fifty-two times the
individual's weekly benefit amount, reduced by the total amount of
regular benefits and extended benefits paid, or deemed paid, with
respect to the benefit year; or
(ii) For exhaustees who are eligible under subsection (((2))) (3)
of this section, for claims filed before June 30, 2002, the total
training benefit amount shall be seventy-four times the individual's
weekly benefit amount, reduced by the total amount of regular benefits
and extended benefits paid, or deemed paid, with respect to the benefit
year; or
(iii) For exhaustees eligible under subsection (((1))) (2) of this
section from industries listed under subsection (((2))) (3)(a) of this
section, for claims filed on or after June 30, 2002, but before January
5, 2003, the total training benefit amount shall be seventy-four times
the individual's weekly benefit amount, reduced by the total amount of
regular benefits and extended benefits paid, or deemed paid, with
respect to the benefit year.
(b) The weekly benefit amount shall be the same as the regular
weekly amount payable during the applicable benefit year and shall be
paid under the same terms and conditions as regular benefits. The
training benefits shall be paid before any extended benefits but not
before any similar federally funded program.
(c) Training benefits are not payable for weeks more than two years
beyond the end of the benefit year of the regular claim.
(((6))) (7) The requirement under RCW 50.22.010(10) relating to
exhausting regular benefits does not apply to an individual otherwise
eligible for training benefits under this section when the individual's
benefit year ends before his or her training benefits are exhausted and
the individual is eligible for a new benefit year. These individuals
will have the option of remaining on the original claim or filing a new
claim.
(((7))) (8)(a) Except as provided in (b) of this subsection,
individuals who receive training benefits under this section or under
any previous additional benefits program for training are not eligible
for training benefits under this section for five years from the last
receipt of training benefits under this section or under any previous
additional benefits program for training.
(b) With respect to claims that are filed before January 5, 2003,
an individual in the aerospace industry assigned the standard
industrial code "372" or the North American industry classification
system code "336411" who received training benefits under this section,
and who had been making satisfactory progress in a training program but
did not complete the program, is eligible, without regard to the five-year limitation of this section and without regard to the requirement
of subsection (((1))) (2)(b) of this section, if applicable, to receive
training benefits under this section in order to complete that training
program. The total training benefit amount that applies to the
individual is seventy-four times the individual's weekly benefit
amount, reduced by the total amount of regular benefits paid, or deemed
paid, with respect to the benefit year in which the training program
resumed and, if applicable, reduced by the amount of training benefits
paid, or deemed paid, with respect to the benefit year in which the
training program commenced.
(((8))) (9) An individual eligible to receive a trade readjustment
allowance under chapter 2 of Title II of the Trade Act of 1974, as
amended, shall not be eligible to receive benefits under this section
for each week the individual receives such trade readjustment
allowance. An individual eligible to receive emergency unemployment
compensation, so called, under any federal law, shall not be eligible
to receive benefits under this section for each week the individual
receives such compensation.
(((9))) (10) All base year employers are interested parties to the
approval of training and the granting of training benefits.
(((10))) (11) By July 1, 2001, each local workforce development
council, in cooperation with the employment security department and its
labor market information division, must identify occupations and skill
sets that are declining and occupations and skill sets that are in high
demand. For the purposes of RCW 50.22.130 through 50.22.150 and
section 9, chapter 2, Laws of 2000, "high demand" means demand for
employment that exceeds the supply of qualified workers for occupations
or skill sets in a labor market area. Local workforce development
councils must use state and locally developed labor market information.
Thereafter, each local workforce development council shall update this
information annually or more frequently if needed.
(((11))) (12) The commissioner shall adopt rules as necessary to
implement this section.
NEW SECTION. Sec. 6 A new section is added to chapter 50.22 RCW
to read as follows:
The employment security department shall report to the appropriate
committees of the legislature by December 1, 2009, and every year
thereafter, on the status of the training benefits program and the
resulting outcomes. The department shall include in its report:
(1) A demographic analysis of participants in the training benefits
program under this section including the number of claimants per North
American industry classification system code and the gender, race, age,
and geographic representation of participants;
(2) The duration of training benefits claimed per claimant;
(3) An analysis of the training provided to participants including
the occupational category supported by the training, those participants
who complete training in relationship to those that do not, and the
reasons for noncompletion of approved training programs;
(4) The employment and wage history of participants, including the
pretraining and posttraining wage and whether those participating in
training return to their previous employer after training terminates;
and
(5) An identification and analysis of administrative costs at both
the local and state level for administering this program.
Sec. 7 RCW 50.60.020 and 1983 c 207 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Affected ((unit)) employee" means a specified ((plant,
department, shift, or other definable unit consisting of one or more
employees)) employee, to which an approved shared work compensation
plan applies.
(2) "Fringe benefits" include health insurance, retirement benefits
under benefit pension plans as defined in section 3(35) of the employee
retirement income security act of 1974, paid vacation and holidays, and
sick leave, which are incidents of employment in addition to cash
remuneration.
(3) "Shared work benefits" means the benefits payable to
((employees in)) an affected ((unit)) employee under an approved shared
work compensation plan as distinguished from the benefits otherwise
payable under this title.
(4) "Shared work compensation plan" means a plan of an employer, or
of an employers' association, under which there is a reduction in the
number of hours worked by employees rather than temporary layoffs.
(5) "Shared work employer" means an employer, one or more of whose
employees are covered by a shared work compensation plan.
(6) "Usual weekly hours of work" means the normal number of hours
of work for ((full-time employees in the affected unit)) the affected
employee when ((that unit)) he or she is ((operating)) working on a
full-time basis, not to exceed forty hours and not including overtime.
(7) "Unemployment compensation" means the benefits payable under
this title other than shared work benefits and includes any amounts
payable pursuant to an agreement under federal law providing for
compensation, assistance, or allowances with respect to unemployment.
(8) "Employers' association" means an association which is a party
to a collective bargaining agreement under which there is a shared work
compensation plan.
Sec. 8 RCW 50.60.030 and 1985 c 43 s 1 are each amended to read
as follows:
An employer or employers' association wishing to participate in a
shared work compensation program shall submit a written and signed
shared work compensation plan to the commissioner for approval. The
commissioner shall approve a shared work compensation plan only if the
following criteria are met:
(1) The plan identifies the affected ((units)) employees to which
it applies;
(2) ((An)) Each affected employee ((in an affected unit are)) is
identified by name, social security number, and by any other
information required by the commissioner;
(3) The usual weekly hours of work for ((an)) each affected
employee ((in an affected unit)) are reduced by not less than ten
percent and not more than fifty percent;
(4) Fringe benefits will continue to be provided on the same basis
as before the reduction in work hours. In no event shall the level of
health benefits be reduced due to a reduction in hours;
(5) The plan certifies that the aggregate reduction in work hours
for each affected employee is in lieu of temporary layoffs ((which
would have affected at least ten percent of the employees in the
affected units to which the plan applies and)) which would have
resulted in an equivalent reduction in work hours;
(6) ((The plan applies to at least ten percent of the employees in
the affected unit;)) The plan is approved in writing by the collective bargaining
agent for each collective bargaining agreement covering any affected
employee ((
(7)in the affected unit));
(((8))) (7) The plan will not subsidize seasonal employers during
the off season nor subsidize employers who have traditionally used
part-time employees; and
(((9))) (8) The employer agrees to furnish reports necessary for
the proper administration of the plan and to permit access by the
commissioner to all records necessary to verify the plan before
approval and after approval to evaluate the application of the plan.
In addition to subsections (1) through (((9))) (8) of this section,
the commissioner shall take into account any other factors which may be
pertinent.
Sec. 9 RCW 50.60.060 and 1983 c 207 s 6 are each amended to read
as follows:
A shared work compensation plan shall be effective on the date
((specified in the plan or on)) agreed upon by the department and the
employer but no later than the first day of the second calendar week
after the date of the commissioner's approval, ((whichever is later))
unless a later date is requested by the employer. The plan shall
expire at the end of the twelfth full calendar month after its
effective date, or on the date specified in the plan if that date is
earlier, unless the plan is revoked before that date by the
commissioner. If a plan is revoked by the commissioner, it shall
terminate on the date specified in the commissioner's order of
revocation.
Sec. 10 RCW 50.60.070 and 1983 c 207 s 7 are each amended to read
as follows:
The commissioner may revoke approval of a shared work compensation
plan for good cause. The revocation order shall be in writing and
shall specify the date the revocation is effective and the reasons for
the revocation. Good cause for revocation shall include failure to
comply with the assurances given in the plan, unreasonable revision of
productivity standards ((for the affected unit)), conduct or
occurrences tending to defeat the intent and effective operation of the
plan, and violation of the criteria on which approval of the plan was
based.
Such action may be initiated at any time by the commissioner on his
or her own motion, on the motion of any of the affected ((unit))
employees, or on the motion of the appropriate collective bargaining
agents. The commissioner shall review each plan at least once within
the twelve month period the plan is in effect to assure that it
continues to meet the requirements of this chapter.
Sec. 11 RCW 50.60.090 and 1983 c 207 s 9 are each amended to read
as follows:
An individual is eligible to receive shared work benefits with
respect to any week only if, in addition to meeting the conditions of
eligibility for other benefits under this title, the commissioner finds
that:
(1) The individual was employed during that week as ((a member of))
an affected ((unit)) employee under an approved shared work
compensation plan which was in effect for that week;
(2) The individual was able to work and was available for
additional hours of work and for full-time work with the shared work
employer; and
(3) Notwithstanding any other provision of this chapter, an
individual is deemed to have been unemployed in any week for which
remuneration is payable to him or her as an affected employee ((in an
affected unit)) for less than his or her normal weekly hours of work as
specified under the approved shared work compensation plan in effect
for that week.
Sec. 12 RCW 50.60.100 and 1983 c 207 s 10 are each amended to
read as follows:
(1) The shared work weekly benefit amount shall be the product of
the regular weekly unemployment compensation benefit amount multiplied
by the percentage of reduction in the individual's usual weekly hours
of work;
(2) No individual is eligible in any benefit year for more than the
maximum entitlement established for benefits under this title,
including benefits under this chapter((, nor may an individual be paid
shared work benefits for more than a total of twenty-six weeks in any
twelve-month period under a shared work compensation plan));
(3) The shared work benefits paid an individual shall be deducted
from the total benefit amount established for that individual's benefit
year;
(4) Claims for shared work benefits shall be filed in the same
manner as claims for other benefits under this title or as prescribed
by the commissioner by rule;
(5) Provisions otherwise applicable to unemployment compensation
claimants under this title apply to shared work claimants to the extent
that they are not inconsistent with this chapter;
(6)(a) If an individual works in the same week for an employer
other than the shared work employer and his or her combined hours of
work for both employers are equal to or greater than the usual weekly
hours of work with the shared work employer, the individual shall not
be entitled to benefits under this chapter or title;
(b) If an individual works in the same week for both the shared
work employer and another employer and his or her combined hours of
work for both employers are less than his or her usual weekly hours of
work, the benefit amount payable for that week shall be the weekly
unemployment compensation benefit amount reduced by the same percentage
that the combined hours are of the usual weekly hours of work((. A
week for which benefits are paid under this subsection shall count as
a week of shared work benefits));
(7) An individual who does not work during a week for the shared
work employer, and is otherwise eligible, shall be paid his or her full
weekly unemployment compensation benefit amount((. Such a week shall
not be counted as a week for which shared work benefits were
received));
(8) An individual who does not work for the shared work employer
during a week but works for another employer, and is otherwise
eligible, shall be paid benefits for that week under the partial
unemployment compensation provisions of this title. ((Such a week
shall not be counted as a week for which shared work benefits were
received.))
Sec. 13 RCW 50.29.021 and 2008 c 323 s 2 are each amended to read
as follows:
(1) This section applies to benefits charged to the experience
rating accounts of employers for claims that have an effective date on
or after January 4, 2004.
(2)(a) An experience rating account shall be established and
maintained for each employer, except employers as described in RCW
50.44.010, 50.44.030, and 50.50.030 who have properly elected to make
payments in lieu of contributions, taxable local government employers
as described in RCW 50.44.035, and those employers who are required to
make payments in lieu of contributions, based on existing records of
the employment security department.
(b) Benefits paid to an eligible individual shall be charged to the
experience rating accounts of each of such individual's employers
during the individual's base year in the same ratio that the wages paid
by each employer to the individual during the base year bear to the
wages paid by all employers to that individual during that base year,
except as otherwise provided in this section.
(c) When the eligible individual's separating employer is a covered
contribution paying base year employer, benefits paid to the eligible
individual shall be charged to the experience rating account of only
the individual's separating employer if the individual qualifies for
benefits under:
(i) RCW 50.20.050(2)(b)(i), as applicable, and became unemployed
after having worked and earned wages in the bona fide work; or
(ii) RCW 50.20.050(2)(b) (v) through (x).
(3) The legislature finds that certain benefit payments, in whole
or in part, should not be charged to the experience rating accounts of
employers except those employers described in RCW 50.44.010, 50.44.030,
and 50.50.030 who have properly elected to make payments in lieu of
contributions, taxable local government employers described in RCW
50.44.035, and those employers who are required to make payments in
lieu of contributions, as follows:
(a) Benefits paid to any individual later determined to be
ineligible shall not be charged to the experience rating account of any
contribution paying employer. However, when a benefit claim becomes
invalid due to an amendment or adjustment of a report where the
employer failed to report or inaccurately reported hours worked or
remuneration paid, or both, all benefits paid will be charged to the
experience rating account of the contribution paying employer or
employers that originally filed the incomplete or inaccurate report or
reports. An employer who reimburses the trust fund for benefits paid
to workers and who fails to report or inaccurately reported hours
worked or remuneration paid, or both, shall reimburse the trust fund
for all benefits paid that are based on the originally filed incomplete
or inaccurate report or reports.
(b) Benefits paid to an individual filing under the provisions of
chapter 50.06 RCW shall not be charged to the experience rating account
of any contribution paying employer only if:
(i) The individual files under RCW 50.06.020(1) after receiving
crime victims' compensation for a disability resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(c) Benefits paid which represent the state's share of benefits
payable as extended benefits defined under RCW 50.22.010(6) shall not
be charged to the experience rating account of any contribution paying
employer.
(d) In the case of individuals who requalify for benefits under RCW
50.20.050 or 50.20.060, benefits based on wage credits earned prior to
the disqualifying separation shall not be charged to the experience
rating account of the contribution paying employer from whom that
separation took place.
(e) Benefits paid to an individual who qualifies for benefits under
RCW 50.20.050(2)(b) (iv) or (xi), as applicable, shall not be charged
to the experience rating account of any contribution paying employer.
(f) With respect to claims with an effective date on or after the
first Sunday following April 22, 2005, benefits paid that exceed the
benefits that would have been paid if the weekly benefit amount for the
claim had been determined as one percent of the total wages paid in the
individual's base year shall not be charged to the experience rating
account of any contribution paying employer.
(g) The forty-five dollar increase paid as part of an individual's
weekly benefit amount as provided in section 2 of this act shall not be
charged to the experience rating account of any contribution paying
employer.
(h) Training benefits paid to an individual under section 6 of this
act shall not be charged to the experience rating account of any
contribution paying employer.
(4)(a) A contribution paying base year employer, not otherwise
eligible for relief of charges for benefits under this section, may
receive such relief if the benefit charges result from payment to an
individual who:
(i) Last left the employ of such employer voluntarily for reasons
not attributable to the employer;
(ii) Was discharged for misconduct or gross misconduct connected
with his or her work not a result of inability to meet the minimum job
requirements;
(iii) Is unemployed as a result of closure or severe curtailment of
operation at the employer's plant, building, worksite, or other
facility. This closure must be for reasons directly attributable to a
catastrophic occurrence such as fire, flood, or other natural disaster;
or
(iv) Continues to be employed on a regularly scheduled permanent
part-time basis by a base year employer and who at some time during the
base year was concurrently employed and subsequently separated from at
least one other base year employer. Benefit charge relief ceases when
the employment relationship between the employer requesting relief and
the claimant is terminated. This subsection does not apply to shared
work employers under chapter 50.06 RCW.
(b) The employer requesting relief of charges under this subsection
must request relief in writing within thirty days following mailing to
the last known address of the notification of the valid initial
determination of such claim, stating the date and reason for the
separation or the circumstances of continued employment. The
commissioner, upon investigation of the request, shall determine
whether relief should be granted.
NEW SECTION. Sec. 14 Sections 2 and 3 of this act are necessary
for the immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public
institutions, and take effect May 3, 2009.
NEW SECTION. Sec. 15 Sections 4 through 13 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect April 5, 2009.
NEW SECTION. Sec. 16 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 inoperative solely to the extent of the
conflict, and the finding or determination does not affect the
operation of the remainder of this act. Rules adopted under this act
must 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. 17 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 18 Part headings used in this act are not any
part of the law.