HB 1091 -
By Representatives Sells, Springer
ADOPTED AS AMENDED 02/09/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that the state of
Washington has run one of the most effective, efficient, and
responsible unemployment insurance tax and benefit systems in the
nation. The result is a trust fund that is the healthiest of all
unemployment insurance trust funds in the nation, resulting in
Washington being one of the minority of states that has not been
required to borrow from the federal government for the trust fund. The
legislature also finds that there is an urgent need for a temporary
stimulus to help Washington employers and workers weather some of the
most severe economic conditions in the state's history. The state of
Washington is uniquely positioned to draw down the balance of the
unemployment insurance trust fund to encourage employers to create
jobs, stimulate economic activities, and provide needed assistance to
unemployed workers, all without jeopardizing the solvency of the trust
fund. It is the intent of the legislature to use surplus funds in the
unemployment insurance trust fund that are not derived from experience-based charges in order to provide this needed temporary stimulus.
NEW SECTION. Sec. 2 A new section is added to chapter 50.20 RCW
to read as follows:
(1) Except as provided for in subsection (3) of this section, for
claims with an effective date on or after March 6, 2011, and before
January 1, 2012, an individual's weekly benefit amount shall be the
amount established under RCW 50.20.120 plus an additional temporary
benefit increase of twenty-five dollars. The weekly benefit amount
under this section:
(a) Is payable for all weeks of regular, extended, emergency,
supplemental, or additional benefits on that claim;
(b) Shall increase the maximum benefits payable to the individual
under RCW 50.20.120(1) by a corresponding dollar amount; and
(c) Shall increase the maximum amount payable weekly and the
minimum amount payable weekly, irrespective of the provisions of RCW
50.20.120(3).
(2) 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.
(3) The department must calculate the total amount of temporary
benefit increases paid under subsection (1) of this section.
(a) In calculating the total amount of temporary benefit increases,
weeks of emergency unemployment compensation and extended benefits
shall not be considered.
(b) Except as provided for in (c) of this subsection, when the
total amount of temporary benefit increases for all weeks equals ninety
million dollars, the temporary benefit increase under subsection (1) of
this section may not be paid for any additional weeks. An individual's
maximum benefits payable, maximum amount payable weekly, or the minimum
amount payable weekly must be adjusted accordingly.
(c) An individual receiving emergency unemployment compensation or
extended benefits under this section shall continue to receive the
temporary benefit increase for all weeks of emergency unemployment
compensation or extended benefits.
Sec. 3 RCW 50.20.120 and 2009 c 3 s 3 are each amended to read as
follows:
Except as provided in RCW 50.20.1201 and section 2 of this act,
benefits shall be payable as provided in this section.
(1) 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.
(2) For claims with an effective date on or after April 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) 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.
(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.
Sec. 4 RCW 50.29.021 and 2010 c 25 s 1 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 (1)(b)(i) or (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 (1)(b) (v) through (x) or (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 (1)(b) (iv) or (xi) or (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. This subsection (3)(f)
does not apply to the calculation of contribution rates under RCW
50.29.025 for rate year 2010 and thereafter.
(g) The forty-five dollar increase paid as part of an individual's
weekly benefit amount as provided in RCW 50.20.1201 and the twenty-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) With respect to claims where the minimum amount payable weekly
is increased to one hundred fifty-five dollars pursuant to RCW
50.20.1201(3), benefits paid that exceed the benefits that would have
been paid if the minimum amount payable weekly had been calculated
pursuant to RCW 50.20.120 shall not be charged to the experience rating
account of any contribution paying employer.
(i) Training benefits paid to an individual under RCW 50.22.155
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;
(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; or
(v) Was hired to replace an employee who is a member of the
military reserves or National Guard and was called to federal active
military service by the president of the United States and is
subsequently laid off when that employee is reemployed by their
employer upon release from active duty within the time provided for
reemployment in RCW 73.16.035.
(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.
Sec. 5 RCW 50.22.010 and 2009 c 493 s 4 are each amended to read
as follows:
As used in this chapter, unless the context clearly indicates
otherwise:
(1) "Extended benefit period" means a period which:
(a) Begins with the third week after a week for which there is an
"on" indicator; and
(b) Ends with the third week after the first week for which there
is an "off" indicator: PROVIDED, That no extended benefit period shall
last for a period of less than thirteen consecutive weeks, and further
that no extended benefit period may begin by reason of an "on"
indicator before the fourteenth week after the close of a prior
extended benefit period which was in effect with respect to this state.
(2) There is an "on" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States secretary of labor, that for the period consisting of
such week and the immediately preceding twelve weeks:
(a) The rate of insured unemployment, not seasonally adjusted,
equaled or exceeded one hundred twenty percent of the average of such
rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years and equaled or exceeded five percent; or
(b) For benefits for weeks of unemployment beginning after March 6,
1993:
(i) The average rate of total unemployment, seasonally adjusted, as
determined by the United States secretary of labor, for the period
consisting of the most recent three months for which data for all
states are published before the close of the week equals or exceeds six
and one-half percent; and
(ii) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States secretary of
labor, for the three-month period referred to in (b)(i) of this
subsection, equals or exceeds one hundred ten percent of the average
for either or both of the corresponding three-month periods ending in
the two preceding calendar years.
(c) This subsection applies as provided under the tax relief,
unemployment insurance reauthorization, and job creation act of 2010
(P.L. 111-312) as it existed on December 17, 2010, or such subsequent
date as may be provided by the department by rule, consistent with the
purposes of this subsection:
(i) The average rate of insured unemployment, not seasonally
adjusted, equaled or exceeded one hundred twenty percent of the average
of such rates for the corresponding thirteen-week period ending in all
of the preceding three calendar years and equaled or exceeded five
percent; or
(ii) The average rate of total unemployment, seasonally adjusted,
as determined by the United States secretary of labor, for the period
consisting of the most recent three months for which data for all
states are published before the close of the week equals or exceeds six
and one-half percent; and
(iii) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States secretary of
labor, for the three-month period referred to in (c)(ii) of this
subsection, equals or exceeds one hundred ten percent of the average
for any of the corresponding three-month periods ending in the three
preceding calendar years.
(3) "High unemployment period" means any period of unemployment
beginning after March 6, 1993, during which an extended benefit period
would be in effect if:
(a) The average rate of total unemployment, seasonally adjusted, as
determined by the United States secretary of labor, for the period
consisting of the most recent three months for which data for all
states are published before the close of the week equals or exceeds
eight percent; and
(b) The average rate of total unemployment in the state, seasonally
adjusted, as determined by the United States secretary of labor, for
the three-month period referred to in (a) of this subsection, equals or
exceeds one hundred ten percent of the average for either or both of
the corresponding three-month periods ending in the two preceding
calendar years.
(c) This subsection applies as provided under the tax relief,
unemployment insurance reauthorization, and job creation act of 2010
(P.L. 111-312) as it existed on December 17, 2010, or such subsequent
date as may be provided by the department by rule, consistent with the
purposes of this subsection.
(i) The average rate of total unemployment, seasonally adjusted, as
determined by the United States secretary of labor, for the period
consisting of the most recent three months for which data for all
states are published before the close of the week equals or exceeds
eight percent; and
(ii) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States secretary of
labor, for the three-month period referred to in (a) of this
subsection, equals or exceeds one hundred ten percent of the average
for any of the corresponding three-month periods ending in the three
preceding calendar years.
(4) There is an "off" indicator for this state for a week only if,
for the period consisting of such week and immediately preceding twelve
weeks, none of the options specified in subsection (2) or (3) of this
section result in an "on" indicator.
(5) "Regular benefits" means benefits payable to an individual
under this title or under any state law (including benefits payable to
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
chapter 85) other than extended benefits or additional benefits.
(6) "Extended benefits" means benefits payable for weeks of
unemployment beginning in an extended benefit period to an individual
under this title or under any state law (including benefits payable to
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
chapter 85) other than regular or additional benefits.
(7) "Additional benefits" are benefits totally financed by the
state and payable under this title to exhaustees by reason of
conditions of high unemployment or by reason of other special factors.
(8) "Eligibility period" of an individual means:
(a) The period consisting of the weeks in his or her benefit year
which begin in an extended benefit period that is in effect in this
state and, if his or her benefit year ends within such extended benefit
period, any weeks thereafter which begin in such period; or
(b) For an individual who is eligible for emergency unemployment
compensation during the extended benefit period beginning February 15,
2009, the period consisting of the week ending February 28, 2009,
((through the week ending May 29, 2010)) and applies as provided under
the tax relief, unemployment insurance reauthorization, and job
creation act of 2010 (P.L. 111-312) as it existed on December 17, 2010,
or such subsequent date as may be provided by the department by rule,
consistent with the purposes of this subsection.
(9) "Additional benefit eligibility period" of an individual means
the period consisting of the weeks in his or her benefit year which
begin in an additional benefit period that is in effect and, if his or
her benefit year ends within such additional benefit period, any weeks
thereafter which begin in such period.
(10) "Exhaustee" means an individual who, with respect to any week
of unemployment in his or her eligibility period:
(a) Has received, prior to such week, all of the regular benefits
that were payable to him or her under this title or any other state law
(including dependents' allowances and regular benefits payable to
federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85)
in his or her current benefit year that includes such week; or
(b) Has received, prior to such week, all of the regular benefits
that were available to him or her under this title or any other state
law (including dependents' allowances and regular benefits available to
federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85)
in his or her current benefit year that includes such week, after the
cancellation of some or all of his or her wage credits or the total or
partial reduction of his or her rights to regular benefits: PROVIDED,
That, for the purposes of (a) and (b), an individual shall be deemed to
have received in his or her current benefit year all of the regular
benefits that were payable to him or her, or available to him or her,
as the case may be, even though:
(i) As a result of a pending appeal with respect to wages or
employment, or both, that were not included in the original monetary
determination with respect to his or her current benefit year, he or
she may subsequently be determined to be entitled to more regular
benefits; or
(ii) By reason of the seasonal provisions of another state law, he
or she is not entitled to regular benefits with respect to such week of
unemployment (although he or she may be entitled to regular benefits
with respect to future weeks of unemployment in the next season, as the
case may be, in his or her current benefit year), and he or she is
otherwise an exhaustee within the meaning of this section with respect
to his or her right to regular benefits under such state law seasonal
provisions during the season or off season in which that week of
unemployment occurs; or
(iii) Having established a benefit year, no regular benefits are
payable to him or her during such year because his or her wage credits
were canceled or his or her right to regular benefits was totally
reduced as the result of the application of a disqualification; or
(c) His or her benefit year having ended prior to such week, he or
she has insufficient wages or employment, or both, on the basis of
which he or she could establish in any state a new benefit year that
would include such week, or having established a new benefit year that
includes such week, he or she is precluded from receiving regular
benefits by reason of the provision in RCW 50.04.030 which meets the
requirement of section 3304(a)(7) of the Federal Unemployment Tax Act,
or the similar provision in any other state law; and
(d)(i) Has no right for such week to unemployment benefits or
allowances, as the case may be, under the Railroad Unemployment
Insurance Act, the Trade Expansion Act of 1962, and such other federal
laws as are specified in regulations issued by the United States
secretary of labor; and
(ii) Has not received and is not seeking for such week unemployment
benefits under the unemployment compensation law of Canada, unless the
appropriate agency finally determines that he or she is not entitled to
unemployment benefits under such law for such week.
(11) "State law" means the unemployment insurance law of any state,
approved by the United States secretary of labor under section 3304 of
the internal revenue code of 1954.
Sec. 6 RCW 50.22.155 and 2009 c 3 s 4 are each amended 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 September 7,
2009, the individual:
(i) Earned an average hourly wage in the individual's base year
that 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. The
individual's average hourly wage is calculated by dividing the total
wages paid by the total hours worked in the individual's base year;
(ii) Served in the United States military or the Washington
national guard during the twelve-month period prior to the application
date, was honorably discharged from military service or the Washington
national guard and, after assessment, is determined to need job-related
training to find suitable employment in the individual's labor market;
(iii) Is currently serving in the Washington national guard and,
after assessment, is determined to need job-related training to find
suitable employment in the individual's labor market; or
(iv) 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 to need job-related training to find 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. Effective July 3,
2011, training benefits shall be paid after any 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. However,
training benefits are not payable for weeks more than three years
beyond the end of the benefit year of the regular claim when
individuals are eligible for benefits in accordance with RCW 50.22.010
(2)(c) or (3)(c).
(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. 7 RCW 50.20.099 and 2000 c 2 s 10 are each amended to read
as follows:
(1) To ensure that unemployment insurance benefits are paid in
accordance with RCW 50.20.098, the employment security department shall
verify that an individual is eligible to work in the United States
before the individual receives training benefits under RCW 50.22.150 or
50.22.155.
(2) By July 1, 2002, the employment security department shall:
(a) Develop and implement an effective method for determining,
where appropriate, eligibility to work in the United States for
individuals applying for unemployment benefits under this title;
(b) Review verification systems developed by federal agencies for
verifying a person's eligibility to receive unemployment benefits under
this title and evaluate the effectiveness of these systems for use in
this state; and
(c) Report its initial findings to the legislature by September 1,
2000, and its final report by July 1, 2002.
(3) Where federal law prohibits the conditioning of unemployment
benefits on a verification of an individual's status as a qualified or
authorized alien, the requirements of this section shall not apply.
Sec. 8 RCW 50.22.130 and 2009 c 353 s 3 are each amended to read
as follows:
It is the intent of the legislature that a training benefits
program be established to provide unemployment insurance benefits to
unemployed individuals who participate in training programs necessary
for their reemployment.
The legislature further intends that this program serve the
following goals:
(1) Retraining should be available for those unemployed individuals
whose skills are no longer in demand;
(2) ((To be eligible for retraining, an individual must have a
long-term attachment to the labor force;)) Training must enhance the individual's marketable skills and
earning power; and
(3)
(((4))) (3) Retraining must be targeted to high-demand occupations.
((Individuals unemployed as a result of structural changes in the
economy and technological advances rendering their skills obsolete must
receive the highest priority for participation in this program. It is
the further intent of the legislature that individuals for whom
suitable employment is available are not eligible for additional
benefits while participating in training.))
The legislature further intends that funding for this program be
limited by a specified maximum amount each fiscal year.
Sec. 9 RCW 50.22.155 and 2009 c 3 s 4 are each amended to read as
follows:
(1) ((This section applies)) With respect to claims with an
effective date on or after April 5, 2009((.)), and before July 1, 2012:
(((2))) (a) 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))) (i) 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))) (ii) For claims with an effective date on or after
September 7, 2009, the individual:
(((i))) (A) Earned an average hourly wage in the individual's base
year that 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. The
individual's average hourly wage is calculated by dividing the total
wages paid by the total hours worked in the individual's base year;
(((ii))) (B) Served in the United States military or the Washington
national guard during the twelve-month period prior to the application
date, was honorably discharged from military service or the Washington
national guard and, after assessment, is determined to need job-related
training to find suitable employment in the individual's labor market;
(((iii))) (C) Is currently serving in the Washington national guard
and, after assessment, is determined to need job-related training to
find suitable employment in the individual's labor market; or
(((iv))) (D) 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 to need job-related training to find suitable employment
in the individual's labor market.
(((3)(a))) (b)(i) 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))) (ii) 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))) (iii) The department may waive the deadlines established
under this subsection for reasons deemed by the commissioner to be good
cause.
(((4))) (c) 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))) (d) The individual must make satisfactory progress in the
training as defined by the commissioner and certified by the
educational institution.
(((6))) (e) An individual is not eligible for training benefits
under this section if he or she:
(((a))) (i) Is a standby claimant who expects recall to his or her
regular employer; or
(((b))) (ii) Has a definite recall date that is within six months
of the date he or she is laid off.
(((7))) (f) The following definitions apply throughout this
((section)) subsection (1) unless the context clearly requires
otherwise.
(((a))) (i) "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))) (ii) "High-demand occupation" means an occupation with a
substantial number of current or projected employment opportunities.
(((c))) (iii) "Training benefits" means additional benefits paid
under this section.
(((d))) (iv) "Training program" means:
(((i))) (A) 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))) (B) A vocational training program at an educational
institution that:
(((A))) (I) Is targeted to training for a high-demand occupation;
(((B))) (II) Is likely to enhance the individual's marketable
skills and earning power; and
(((C))) (III) 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))) (g) Benefits shall be paid as follows:
(((a))) (i) 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))) (ii) 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))) (iii) Training benefits shall be paid before any extended
benefits but not before any similar federally funded program.
Effective July 3, 2011, training benefits shall be paid after any
federally funded program.
(((d))) (iv) Training benefits are not payable for weeks more than
two years beyond the end of the benefit year of the regular claim.
However, training benefits are not payable for weeks more than three
years beyond the end of the benefit year of the regular claim when
individuals are eligible for benefits in accordance with RCW 50.22.010
(2)(c) or (3)(c).
(((9))) (h) 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))) (i) 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))) (j) 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))) (k) 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))) (l) All base year employers are interested parties to the
approval of training and the granting of training benefits.
(((14))) (m) 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))) (2) With respect to claims with an effective date on or
after July 1, 2012:
(a) Training benefits are available for an individual who is
eligible for or has exhausted entitlement to unemployment compensation
benefits when:
(i) 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
(ii) Subject to the availability of funds as specified in RCW
50.22.140, the individual:
(A) Earned an average hourly wage in the individual's base year
that 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. The
individual's average hourly wage is calculated by dividing the total
wages paid by the total hours worked in the individual's base year;
(B) Served in the United States military or the Washington national
guard during the twelve-month period prior to the application date, was
honorably discharged from military service or the Washington national
guard and, after assessment, is determined to need job-related training
to find suitable employment in the individual's labor market;
(C) Is currently serving in the Washington national guard and,
after assessment, is determined to need job-related training to find
suitable employment in the individual's labor market; or
(D) 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 to need job-related training to find suitable employment in the
individual's labor market.
(b)(i) Except for an individual eligible under (a)(i) of this
subsection, the individual must develop an individual training plan
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;
(ii) Except for an individual eligible under (a)(i) of this
subsection, the individual must enroll in 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;
(iii) An individual eligible under (a)(i) of this subsection must
submit an individual training plan and enroll in the approved training
program prior to the end of the individual's benefit year;
(iv) The department may waive the deadlines established under
(b)(i) and (ii) of this subsection for reasons deemed by the
commissioner to be good cause.
(c) Except for an individual eligible under (a)(i) of this
subsection, 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.
(d) The individual must make satisfactory progress in the training
as defined by the commissioner and certified by the educational
institution.
(e) An individual is not eligible for training benefits under this
section if he or she:
(i) Is a standby claimant who expects recall to his or her regular
employer; or
(ii) Has a definite recall date that is within six months of the
date he or she is laid off.
(f) The following definitions apply throughout this subsection (2)
unless the context clearly requires otherwise:
(i) "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.
(ii) "High-demand occupation" means an occupation with a
substantial number of current or projected employment opportunities.
(iii) "Training benefits" means additional benefits paid under this
section.
(iv) "Training program" means:
(A) 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
(B) A vocational training program at an educational institution
that:
(I) Is targeted to training for a high-demand occupation;
(II) Is likely to enhance the individual's marketable skills and
earning power; and
(III) 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.
(g) Available benefits shall be paid as follows:
(i) The total training benefit amount shall be fifty-two 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.
(ii) 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.
(iii) Training benefits shall be paid after any federally funded
program.
(iv) Training benefits are not payable for weeks more than two
years beyond the end of the benefit year of the regular claim.
However, training benefits are not payable for weeks more than three
years beyond the end of the benefit year of the regular claim when
individuals are eligible for benefits in accordance with RCW 50.22.010
(2)(c) or (3)(c).
(h) 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.
(i) Except for individuals eligible under (a)(i) of this
subsection, 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.
(j) 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.
(k) 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.
(l) All base year employers are interested parties to the approval
of training and the granting of training benefits.
(m) 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.
(3) The commissioner shall adopt rules as necessary to implement
this section.
Sec. 10 RCW 50.22.140 and 2002 c 149 s 1 are each amended to read
as follows:
(1) The employment security department is authorized to pay
training benefits under RCW 50.22.150 and 50.22.155, but may not
obligate expenditures beyond the limits specified in this section or as
otherwise set by the legislature. ((For the fiscal year ending June
30, 2000, the commissioner may not obligate more than twenty million
dollars for training benefits. For the two fiscal years ending June
30, 2002, the commissioner may not obligate more than sixty million
dollars for training benefits.)) Any funds not obligated in one fiscal
year may be carried forward to the next fiscal year. ((For each fiscal
year beginning after June 30, 2002,)) The commissioner may not obligate
more than twenty million dollars annually in addition to any funds
carried forward from previous fiscal years. ((The department shall
develop a process to ensure that expenditures do not exceed available
funds and to prioritize access to funds when again available.))
(2) ((After June 30, 2002, in addition to the amounts that may be
obligated under subsection (1) of this section, the commissioner may
obligate up to thirty-four million dollars for training benefits under
RCW 50.22.150 for individuals in the aerospace industry assigned the
standard industrial classification code "372" or the North American
industry classification system code "336411" whose claims are filed
before January 5, 2003. The funds provided in this subsection must be
fully obligated for training benefits for these individuals before the
funds provided in subsection (1) of this section may be obligated for
training benefits for these individuals. Any amount of the funds
specified in this subsection that is not obligated as permitted may not
be carried forward to any future period.)) If the amount available for
training benefits at any time is equal to or less than five million
dollars, funds will no longer be obligated for individuals in RCW
50.22.155(2)(a)(ii). If funds are exhausted, training benefits will
continue to be obligated to dislocated workers only under RCW
50.22.155(2)(a)(i). The following year's obligation for training
benefits will be reduced by a corresponding amount.
Sec. 11 RCW 50.24.014 and 2009 c 566 s 2 are each amended to read
as follows:
(1)(a) A separate and identifiable account to provide for the
financing of special programs to assist the unemployed is established
in the administrative contingency fund. All money in this account
shall be expended solely for the purposes of this title and for no
other purposes whatsoever. Contributions to this account shall accrue
and become payable by each employer, except employers as described in
RCW 50.44.010 and 50.44.030 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, at a basic rate of two one-hundredths of one percent. The amount of wages subject to tax shall be
determined under RCW 50.24.010.
(b) A separate and identifiable account is established in the
administrative contingency fund for financing the employment security
department's administrative costs under RCW 50.22.150 and 50.22.155 and
the costs under RCW 50.22.150(11) and 50.22.155(((14))) (1)(m) and
(2)(m). All money in this account shall be expended solely for the
purposes of this title and for no other purposes whatsoever.
Contributions to this account shall accrue and become payable by each
employer, except employers as described in RCW 50.44.010 and 50.44.030
who have properly elected to make payments in lieu of contributions,
taxable local government employers as described in RCW 50.44.035, those
employers who are required to make payments in lieu of contributions,
those employers described under RCW 50.29.025(((1)(f)(ii))) (2)(d), and
those qualified employers assigned rate class 20 or rate class 40, as
applicable, under RCW 50.29.025, at a basic rate of one one-hundredth
of one percent. The amount of wages subject to tax shall be determined
under RCW 50.24.010. Any amount of contributions payable under this
subsection (1)(b) that exceeds the amount that would have been
collected at a rate of four one-thousandths of one percent must be
deposited in the account created in (a) of this subsection.
(2)(a) Contributions under this section shall become due and be
paid by each employer under rules as the commissioner may prescribe,
and shall not be deducted, in whole or in part, from the remuneration
of individuals in the employ of the employer. Any deduction in
violation of this section is unlawful.
(b) In the payment of any contributions under this section, a
fractional part of a cent shall be disregarded unless it amounts to
one-half cent or more, in which case it shall be increased to one cent.
(3) If the commissioner determines that federal funding has been
increased to provide financing for the services specified in chapter
50.62 RCW, the commissioner shall direct that collection of
contributions under this section be terminated on the following January
1st.
Sec. 12 RCW 50.04.075 and 1984 c 181 s 1 are each amended to read
as follows:
(1) With respect to claims with an effective date prior to July 1,
2012, "dislocated worker" means any individual who:
(((1))) (a) Has been terminated or received a notice of termination
from employment;
(((2))) (b) Is eligible for or has exhausted entitlement to
unemployment compensation benefits; and
(((3))) (c) Is unlikely to return to employment in the individual's
principal occupation or previous industry because of a diminishing
demand for their skills in that occupation or industry.
(2) With respect to claims with an effective date on or after July
1, 2012, "dislocated worker" means any individual who:
(a) Has been involuntarily and indefinitely separated from
employment as a result of a permanent reduction of operations at the
individual's place of employment, or has separated from a declining
occupation; and
(b) Is eligible for or has exhausted entitlement to unemployment
compensation benefits.
Sec. 13 RCW 50.20.130 and 2010 c 8 s 13022 are each amended to
read as follows:
(1) If an eligible individual is available for work for less than
a full week, he or she shall be paid his or her weekly benefit amount
reduced by one-seventh of such amount for each day that he or she is
unavailable for work: PROVIDED, That if he or she is unavailable for
work for three days or more of a week, he or she shall be considered
unavailable for the entire week.
(2) Each eligible individual who is unemployed in any week shall be
paid with respect to such week a benefit in an amount equal to his or
her weekly benefit amount less:
(a) Seventy-five percent of that part of the remuneration (if any)
payable to him or her with respect to such week which is in excess of
five dollars; or
(b) For any weeks in which the individual is receiving training
benefits as provided in RCW 50.22.155(2), half of that part of the
remuneration (if any) payable to him or her with respect to such week
which is in excess of five dollars. ((Such benefit))
(3) The benefits in this section, if not a multiple of one dollar,
shall be reduced to the next lower multiple of one dollar.
Sec. 14 RCW 50.29.021 and 2010 c 25 s 1 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 (1)(b)(i) or (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 (1)(b) (v) through (x) or (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 (1)(b) (iv) or (xi) or (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. This subsection (3)(f)
does not apply to the calculation of contribution rates under RCW
50.29.025 for rate year 2010 and thereafter.
(g) The forty-five dollar increase paid as part of an individual's
weekly benefit amount as provided in RCW 50.20.1201 and the twenty-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) With respect to claims where the minimum amount payable weekly
is increased to one hundred fifty-five dollars pursuant to RCW
50.20.1201(3), benefits paid that exceed the benefits that would have
been paid if the minimum amount payable weekly had been calculated
pursuant to RCW 50.20.120 shall not be charged to the experience rating
account of any contribution paying employer.
(i) Upon approval of an individual's training benefits plan
submitted in accordance with RCW 50.22.155(2), an individual is
considered enrolled in training, and regular benefits beginning with
the week of approval shall not be charged to the experience rating
account of any contribution paying employer.
(j) Training benefits paid to an individual under RCW 50.22.155
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;
(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; or
(v) Was hired to replace an employee who is a member of the
military reserves or National Guard and was called to federal active
military service by the president of the United States and is
subsequently laid off when that employee is reemployed by their
employer upon release from active duty within the time provided for
reemployment in RCW 73.16.035.
(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.
Sec. 15 RCW 50.22.157 and 2009 c 3 s 6 are each amended to read
as follows:
(1) 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 report shall include a survey based
assessment of the employment outcomes for program participants within
the previous three years. The department shall also include in its
report:
(((1))) (a) 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))) (b) The duration of training benefits claimed per claimant;
(((3))) (c) An analysis of the training provided to participants
including the occupational category supported by the training, whether
the training received would lead to employment in a high demand
occupation, whether a degree or certificate is required in that
occupational category to obtain employment, those participants who
complete training in relationship to those that do not, the number of
participants who take courses in basic language, reading, or writing
skills to improve their employability, and the reasons for
noncompletion of approved training programs;
(((4))) (d) The employment and wage history of participants,
including the pretraining and posttraining wage, the type of work
participants were engaged in prior to unemployment, and whether those
participating in training return to their previous employer ((after
training terminates)) within two years of receiving training, or are
employed in a field for which they were retrained; ((and)) (e) An identification and analysis of administrative costs at
both the local and state level for administering this program;
(5)
(f) A projection of program costs for the next fiscal year; and
(g) The total funds obligated for training benefits, and the net
balance remaining to be obligated subject to the restrictions of RCW
50.22.140.
(2) The joint legislative audit and review committee is directed to
conduct a thorough review and evaluation of the training benefits
program on the following schedule:
(a) Three years after the implementation of the training benefits
portion of this act and every five years thereafter; and
(b) In any year in which the employment security department is
required to suspend obligation of training benefits funds pursuant to
RCW 50.22.140(2), or total expenditures exceed twenty-five million
dollars.
(3) As part of the review conducted under subsection (2) of this
section, the joint legislative audit and review committee shall:
(a) Assess whether the program is complying with legislative
intent;
(b) Assess whether the program is effective;
(c) Assess whether the program is operating in an efficient and
economical manner which results in optimum performance; and
(d) Make recommendations on how to improve the training benefits
program.
(4) After a review of the training benefits program has been
completed by the joint legislative audit and review committee, the
appropriate committees of the legislature must hold a public hearing on
the review and consider potential changes to improve the program.
Sec. 16 RCW 50.29.025 and 2010 c 72 s 1 are each amended to read
as follows:
(1) For contributions assessed for rate years 2005 through 2009,
the contribution rate for each employer subject to contributions under
RCW 50.24.010 shall be the sum of the array calculation factor rate and
the graduated social cost factor rate determined under this subsection,
and the solvency surcharge determined under RCW 50.29.041, if any.
(a) The array calculation factor rate shall be determined as
follows:
(i) An array shall be prepared, listing all qualified employers in
ascending order of their benefit ratios. The array shall show for each
qualified employer: (A) Identification number; (B) benefit ratio; and
(C) taxable payrolls for the four consecutive calendar quarters
immediately preceding the computation date and reported to the
employment security department by the cut-off date.
(ii) Each employer in the array shall be assigned to one of forty
rate classes according to his or her benefit ratio as follows, and,
except as provided in RCW 50.29.026, the array calculation factor rate
for each employer in the array shall be the rate specified in the rate
class to which the employer has been assigned:
Benefit Ratio | Rate Class | Rate (percent) | |
At least | Less than | ||
0.000001 | 1 | 0.00 | |
0.000001 | 0.001250 | 2 | 0.13 |
0.001250 | 0.002500 | 3 | 0.25 |
0.002500 | 0.003750 | 4 | 0.38 |
0.003750 | 0.005000 | 5 | 0.50 |
0.005000 | 0.006250 | 6 | 0.63 |
0.006250 | 0.007500 | 7 | 0.75 |
0.007500 | 0.008750 | 8 | 0.88 |
0.008750 | 0.010000 | 9 | 1.00 |
0.010000 | 0.011250 | 10 | 1.15 |
0.011250 | 0.012500 | 11 | 1.30 |
0.012500 | 0.013750 | 12 | 1.45 |
0.013750 | 0.015000 | 13 | 1.60 |
0.015000 | 0.016250 | 14 | 1.75 |
0.016250 | 0.017500 | 15 | 1.90 |
0.017500 | 0.018750 | 16 | 2.05 |
0.018750 | 0.020000 | 17 | 2.20 |
0.020000 | 0.021250 | 18 | 2.35 |
0.021250 | 0.022500 | 19 | 2.50 |
0.022500 | 0.023750 | 20 | 2.65 |
0.023750 | 0.025000 | 21 | 2.80 |
0.025000 | 0.026250 | 22 | 2.95 |
0.026250 | 0.027500 | 23 | 3.10 |
0.027500 | 0.028750 | 24 | 3.25 |
0.028750 | 0.030000 | 25 | 3.40 |
0.030000 | 0.031250 | 26 | 3.55 |
0.031250 | 0.032500 | 27 | 3.70 |
0.032500 | 0.033750 | 28 | 3.85 |
0.033750 | 0.035000 | 29 | 4.00 |
0.035000 | 0.036250 | 30 | 4.15 |
0.036250 | 0.037500 | 31 | 4.30 |
0.037500 | 0.040000 | 32 | 4.45 |
0.040000 | 0.042500 | 33 | 4.60 |
0.042500 | 0.045000 | 34 | 4.75 |
0.045000 | 0.047500 | 35 | 4.90 |
0.047500 | 0.050000 | 36 | 5.05 |
0.050000 | 0.052500 | 37 | 5.20 |
0.052500 | 0.055000 | 38 | 5.30 |
0.055000 | 0.057500 | 39 | 5.35 |
0.057500 | 40 | 5.40 |
History Ratio | History Factor (percent) | ||
At least | Less than | ||
(I) | .95 | 90 | |
(II) | .95 | 1.05 | 100 |
(III) | 1.05 | 115 |
Benefit Ratio | Rate Class | Rate (percent) | |
At least | Less than | ||
0.000001 | 1 | 0.00 | |
0.000001 | 0.001250 | 2 | 0.11 |
0.001250 | 0.002500 | 3 | 0.22 |
0.002500 | 0.003750 | 4 | 0.33 |
0.003750 | 0.005000 | 5 | 0.43 |
0.005000 | 0.006250 | 6 | 0.54 |
0.006250 | 0.007500 | 7 | 0.65 |
0.007500 | 0.008750 | 8 | 0.76 |
0.008750 | 0.010000 | 9 | 0.88 |
0.010000 | 0.011250 | 10 | 1.01 |
0.011250 | 0.012500 | 11 | 1.14 |
0.012500 | 0.013750 | 12 | 1.28 |
0.013750 | 0.015000 | 13 | 1.41 |
0.015000 | 0.016250 | 14 | 1.54 |
0.016250 | 0.017500 | 15 | 1.67 |
0.017500 | 0.018750 | 16 | 1.80 |
0.018750 | 0.020000 | 17 | 1.94 |
0.020000 | 0.021250 | 18 | 2.07 |
0.021250 | 0.022500 | 19 | 2.20 |
0.022500 | 0.023750 | 20 | 2.38 |
0.023750 | 0.025000 | 21 | 2.50 |
0.025000 | 0.026250 | 22 | 2.63 |
0.026250 | 0.027500 | 23 | 2.75 |
0.027500 | 0.028750 | 24 | 2.88 |
0.028750 | 0.030000 | 25 | 3.00 |
0.030000 | 0.031250 | 26 | 3.13 |
0.031250 | 0.032500 | 27 | 3.25 |
0.032500 | 0.033750 | 28 | 3.38 |
0.033750 | 0.035000 | 29 | 3.50 |
0.035000 | 0.036250 | 30 | 3.63 |
0.036250 | 0.037500 | 31 | 3.75 |
0.037500 | 0.040000 | 32 | 4.00 |
0.040000 | 0.042500 | 33 | 4.25 |
0.042500 | 0.045000 | 34 | 4.50 |
0.045000 | 0.047500 | 35 | 4.75 |
0.047500 | 0.050000 | 36 | 5.00 |
0.050000 | 0.052500 | 37 | 5.15 |
0.052500 | 0.055000 | 38 | 5.25 |
0.055000 | 0.057500 | 39 | 5.30 |
0.057500 | 40 | 5.40 |
History Ratio | History Factor (percent) | ||
At least | Less than | ||
(A) | .95 | 90 | |
(B) | .95 | 1.05 | 100 |
(C) | 1.05 | 115 |
NEW SECTION. Sec. 17 A new section is added to chapter 43.215
RCW to read as follows:
For the working connections child care program, the department
shall not count the twenty-five dollar increase paid as part of an
individual's weekly benefit amount as provided in section 2 of this act
when determining a consumer's income eligibility and copayment.
NEW SECTION. Sec. 18 A new section is added to chapter 70.47 RCW
to read as follows:
The administrator shall not count the twenty-five dollar increase
paid as part of an individual's weekly benefit amount as provided in
section 2 of this act when determining an individual's gross family
income, eligibility, and premium share.
NEW SECTION. Sec. 19 A new section is added to chapter 74.09 RCW
to read as follows:
For apple health for kids, the department shall not count the
twenty-five dollar increase paid as part of an individual's weekly
benefit amount as provided in section 2 of this act when determining
family income, eligibility, and payment levels.
NEW SECTION. Sec. 20 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. 21 In determining under section 20 of this act
which if any part of this act is 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 the state for federal
unemployment tax credits, the commissioner of the Washington state
employment security department shall have full and complete authority
and discretion to determine the extent of the conflict and to determine
which provisions of this act shall be inoperative and which shall
remain in effect in order to remedy the conflict with federal
requirements.
NEW SECTION. Sec. 22 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. 23 Sections 4 and 6 of this act expire July 1,
2012, unless the United States department of labor determines by
October 1, 2011, that this act does not meet the requirements of
section 2003 of the federal American recovery and reinvestment act of
2009 for unemployment insurance modernization incentive funding.
NEW SECTION. Sec. 24 Sections 7 through 15 of this act take
effect July 1, 2012, unless the United States department of labor
determines by October 1, 2011, that this act does not meet the
requirements of section 2003 of the federal American recovery and
reinvestment act of 2009 for unemployment insurance modernization
incentive funding.
NEW SECTION. Sec. 25 The employment security department must
provide notice of the expiration date of sections 4 and 6 of this act
and the effective date of sections 7 through 15 of this act to affected
parties, the chief clerk of the house of representatives, the secretary
of the senate, the office of the code reviser, and others as deemed
appropriate by the department.
NEW SECTION. Sec. 26 Sections 1 through 6 and 16 through 21 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 immediately."
Correct the title.
EFFECT: (1) Findings and intent. Adds statement expressing
legislative findings and intent to use surplus funds in the Trust Fund
that are not derived from experience-based charges to provide temporary
stimulus.
(2) Temporary benefit increase. Adds $25 to an individual's weekly
benefit amount. Makes corresponding increases to the maximum amount of
regular benefits payable (maximum duration), the maximum amount payable
weekly, and the minimum amount payable weekly. Makes changes
applicable to claims with an effective date on or after March 6, 2011,
and before January 1, 2012. Specifies that, except for individuals
receiving extended unemployment compensation or extended benefits, the
temporary benefit increase is not added in any week after the total
amount of temporary benefit increases for all weeks equals $90 million.
Specifies that weeks of emergency unemployment compensation and
extended benefits are not considered in calculating the total amount.
Provides for noncharging of the additional $25, and specifies that the
additional $25 is not considered when calculating the flat social cost
factor rate.
(3) Extended benefits. Same as sections 1 and 2 of House Bill
1090, which make changes to the extended benefits program for 2011,
including a three-year lookback period.
(4) Training benefits. Same as part I of House Bill 1091, which
expands the definition of "dislocated worker," eliminates certain
deadlines and requirements for dislocated workers, and modifies the
funding cap for training benefits, except as follows:
(a) Makes changes to training benefits applicable beginning July 1,
2012.
(b) Requires the Employment Security Department to include the
following in annual program reports: Assessments of employment
outcomes; an analysis of whether training leads to employment in high-
demand occupations, whether degrees or certificates are required to
obtain employment, and the number of participants who take courses in
basic language, reading, or writing skills; an analysis of the type of
work participants were engaged in prior to unemployment, and whether
they return to their previous employer within 2 years, or are employed
in a field for which they were retrained; a projection of program costs
for the next fiscal year; and an analysis of the total funds obligated
for training benefits and the net balance remaining to be obligated.
(c) Directs the Joint Legislative Audit and Review Committee
(JLARC) to review and evaluate the training benefits program in 3 years
and every 5 years thereafter, as well as in any year in which the ESD
suspends obligation of training benefit funds or total expenditures
exceed $25 million. Requires the JLARC: To assess whether the program
complies with legislative intent, is effective, and operates in a
manner which results in optimum performance; and to make
recommendations on program improvements. Also requires, after a JLARC
review is completed, that legislative committees hold public hearings
and consider changes.
(5) Social tax. Same as part II of House Bill 1091, which
establishes caps on the flat social rate and reduces the multipliers
used for certain graduated social rates for rate year 2011 and
thereafter, except as follows: Provides for noncharging of the
temporary benefit increase, and specifies that the temporary benefit
increase is not considered when calculating the flat social cost factor
rate.
(6) Severability. Gives the Commissioner of the Employment
Security Department authority and discretion to make determinations to
remedy any conflict with federal requirements.