AN ACT Relating to unemployment insurance;
amending RCW 50.04.323, 50.06.010, 50.06.020, 50.06.030, 50.13.040, 50.16.010,
50.20.050, 50.20.060, 50.20.080, 50.20.120, 50.20.190, 50.22.010, 50.22.020,
50.22.030, 50.22.050, 50.29.020, 50.24.014, and 50.29.025; adding a new section
to chapter 50.04 RCW; adding new sections to chapter 50.20 RCW; creating new
sections; providing effective dates; and declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 50.04 RCW to read as follows:
"Misconduct" means an employee's act
or failure to act in willful disregard of his or her employer's interest where
the effect of the employee's act or failure to act is to harm the employer's
business.
Sec. 2.
RCW 50.04.323 and 1983 1st ex.s. c 23 s 7 are each amended to read as follows:
(1) The amount of benefits payable to an
individual for any week which begins after October 3, 1980, and which begins in
a period with respect to which such individual is receiving a governmental or
other pension, retirement or retired pay, annuity, or any other similar
periodic payment which is based on the previous work of such individual shall
be reduced (but not below zero) by an amount equal to the amount of such
pension, retirement or retired pay, annuity, or other payment, which is
reasonably attributable to such week((: PROVIDED, That)). However:
(a) The requirements of this subsection shall
apply to any pension, retirement or retired pay, annuity, or other similar
periodic payment only if--
(i) Such pension, retirement or retired pay,
annuity, or similar payment is under a plan maintained (or contributed to) by a
base period employer; and
(ii) In the case of such a payment not made
under the Social Security Act or the Railroad Retirement Act of 1974 (or
corresponding provisions of prior law), services performed for such employer by
the individual after the beginning of the base period (or remuneration for such
services) affect eligibility for, or increase the amount of, such pension,
retirement or retired pay, annuity, or similar payment; ((and))
(b) The amount of any such a reduction shall
take into account contributions made by the individual for the pension,
retirement or retired pay, annuity, or other similar periodic payment, in
accordance with regulations prescribed by the commissioner; and
(c) No deduction shall be made from the
amount of benefits payable for a week for individuals receiving federal social
security pensions to take into account the individuals' contributions to the
pension program.
(2) In the event that a retroactive pension or
retirement payment covers a period in which an individual received benefits
under the provisions of this title, the amount in excess of the amount to which
such individual would have been entitled had such retirement or pension payment
been considered as provided in this section shall be recoverable under RCW
50.20.190.
(3) A lump sum payment accumulated in a plan
described in this section paid to an individual eligible for such payment shall
be prorated over the life expectancy of the individual computed in accordance
with the commissioner's regulation.
(4) The resulting weekly benefit amount payable
after reduction under this section, if not a multiple of one dollar, shall be
reduced to the next lower multiple of one dollar.
(5) Any ambiguity in subsection (1) of this
section should be construed in a manner consistent with 26 U.S.C. Sec. 3304
(a)(15) as last amended by P.L. 96-364.
Sec. 3.
RCW 50.06.010 and 1984 c 65 s 1 are each amended to read as follows:
This chapter is enacted for the purpose of
providing the protection of the unemployment compensation system to persons who
have suffered a temporary total disability ((compensable under industrial
insurance or crime victims compensation laws)) and is a recognition by this
legislature of the economic hardship confronting those persons who have not
been promptly reemployed after a prolonged period of temporary total
disability.
Sec. 4.
RCW 50.06.020 and 1984 c 65 s 2 are each amended to read as follows:
The benefits of this chapter shall be
allowed only to:
(1) Individuals who have suffered a
temporary total disability and have received compensation under the industrial
insurance or crime victims compensation laws of this state, any other state or
the United States for a period of not less than thirteen consecutive calendar
weeks by reason of such temporary total disability ((shall be allowed the
benefits of this chapter)); or
(2) Individuals who are reentering the work
force after an absence of not less than thirteen consecutive calendar weeks
resulting from temporary total physical disability because of a nonwork-related
injury or illness: PROVIDED, That individuals authorized to receive benefits
under this subsection are required to meet other eligibility requirements under
Title 50 RCW.
Sec. 5.
RCW 50.06.030 and 1987 c 278 s 3 are each amended to read as follows:
(1) In the case of individuals eligible
under RCW 50.06.020(1), an application for initial determination made
pursuant to this chapter, to be considered timely, must be filed in writing
with the employment security department within twenty-six weeks following the
week in which the period of temporary total disability commenced. Notice from
the department of labor and industries shall satisfy this requirement. The
records of the agency supervising the award of compensation shall be conclusive
evidence of the fact of temporary disability and the beginning date of such
disability.
(2) In the case of individuals eligible
under RCW 50.06.020(2), an application for initial determination must be filed
in writing with the employment security department within twenty-six weeks
following the week in which the period of temporary total physical disability
commenced. This filing requirement is satisfied by filing a signed statement
from the attending physician stating the date that the disability commenced and
stating that the individual was unable to reenter the work force during the
time of the disability. The department may examine any medical information
related to the disability. If the claim is appealed, a base year employer may
examine the medical information related to the disability and require, at the
employer's expense, that the individual obtain the opinion of a second health
care provider selected by the employer concerning any information related to
the disability.
(3) The employment security department
shall process and issue an initial determination of entitlement or nonentitlement
as the case may be.
(4) For the purpose of this chapter, a
special base year is established for an individual consisting of either the
first four of the last five completed calendar quarters or the last four
completed calendar quarters immediately prior to the first day of the calendar
week in which the individual's temporary total disability commenced, and a
special individual benefit year is established consisting of the entire period
of disability and a fifty-two consecutive week period commencing with the first
day of the calendar week immediately following the week or part thereof with
respect to which the individual received his final temporary total disability
compensation under the applicable industrial insurance or crime victims compensation
laws, or the week in which the individual reentered the work force after an
absence under subsection (2) of this section, as applicable, except that no
special benefit year shall have a duration in excess of three hundred twelve
calendar weeks: PROVIDED HOWEVER, That such special benefit year will not be
established unless the criteria contained in RCW 50.04.030 has been met, except
that an individual meeting the ((disability and filing)) eligibility
requirements of this chapter and who has an unexpired benefit year established
which would overlap the special benefit year provided by this chapter,
notwithstanding the provisions in RCW 50.04.030 relating to the establishment
of a subsequent benefit year and RCW 50.40.010 relating to waiver of rights,
may elect to establish a special benefit year under this chapter: PROVIDED
FURTHER, that the unexpired benefit year shall be terminated with the beginning
of the special benefit year if the individual elects to establish such special
benefit year.
(5) For the purposes of establishing a
benefit year, the department shall initially use the first four of the last
five completed calendar quarters as the base year. If a benefit year is not
established using the first four of the last five calendar quarters as the base
year, the department shall use the last four completed calendar quarters as the
base year.
Sec. 6.
RCW 50.13.040 and 1977 ex.s. c 153 s 4 are each amended to read as follows:
(1) An individual shall have access to
all records and information concerning that individual held by the department
of employment security, unless the information is exempt from disclosure under
RCW 42.17.310.
(2) An employing unit shall have access
to its own records and to any records and information relating to a benefit
claim by an individual if the employing unit is either the individual's last
employer or is the individual's base year employer.
(3) An employing unit shall have access to
any records and information relating to any decision to allow or deny benefits
if:
(a) The decision is based on employment or
an offer of employment with the employing unit; or
(b) If the decision is based on material
information provided by the employing unit.
(4) An employing unit shall have access to
general summaries of benefit claims by individuals whose benefits are
chargeable to the employing unit's experience rating or reimbursement account.
Sec. 7.
RCW 50.16.010 and 1991 sp.s. c 13 s 59 are each amended to read as follows:
There shall be maintained as special funds,
separate and apart from all public moneys or funds of this state an
unemployment compensation fund, an administrative contingency fund, and a
federal interest payment fund, which shall be administered by the commissioner
exclusively for the purposes of this title, and to which RCW 43.01.050 shall
not be applicable. The unemployment compensation fund shall consist of
(1) all contributions and payments in lieu of
contributions collected pursuant to the provisions of this title,
(2) any property or securities acquired through
the use of moneys belonging to the fund,
(3) all earnings of such property or
securities,
(4) any moneys received from the federal
unemployment account in the unemployment trust fund in accordance with Title
XII of the social security act, as amended,
(5) all money recovered on official bonds for
losses sustained by the fund,
(6) all money credited to this state's account
in the unemployment trust fund pursuant to section 903 of the social security
act, as amended,
(7) all money received from the federal
government as reimbursement pursuant to section 204 of the federal-state
extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and
(8) all moneys received for the fund from any
other source.
All moneys in the unemployment compensation
fund shall be commingled and undivided.
The administrative contingency fund shall
consist of all interest on delinquent contributions collected pursuant to this
title, all fines and penalties collected pursuant to the provisions of this
title, all sums recovered on official bonds for losses sustained by the fund,
and revenue received under RCW 50.24.014: PROVIDED, That all fees, fines,
forfeitures and penalties collected or assessed by a district court because of
the violation of a state law shall be remitted as provided in chapter 3.62 RCW
as now exists or is later amended. Moneys available in the administrative
contingency fund, other than money in the special account created under RCW
50.24.014, shall be expended upon the direction of the commissioner, with the
approval of the governor, whenever it appears to him or her that such
expenditure is necessary for:
(a) The proper administration of this title and
no federal funds are available for the specific purpose to which such
expenditure is to be made, provided, the moneys are not substituted for
appropriations from federal funds which, in the absence of such moneys, would
be made available.
(b) The proper administration of this title for
which purpose appropriations from federal funds have been requested but not yet
received, provided, the administrative contingency fund will be reimbursed upon
receipt of the requested federal appropriation.
(c) The proper administration of this title
for which compliance and audit issues have been identified that establish
federal claims requiring the expenditure of state resources in resolution.
Claims must be resolved in the following priority: First priority is to
provide services to eligible participants within the state; second priority is
to provide substitute services or program support; and last priority is the
direct payment of funds to the federal government.
Money in the special account created under RCW
50.24.014 may only be expended, after appropriation, for the purposes specified
in RCW ((74.09.035, 74.09.510, 74.09.520, and 74.09.700)) 50.62.010,
50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014,
50.44.053, and 50.22.010.
Sec. 8.
RCW 50.20.050 and 1982 1st ex.s. c 18 s 6 are each amended to read as follows:
(1) An individual shall be disqualified from
benefits beginning with the first day of the calendar week in which he or she
has left work voluntarily without good cause and thereafter for five
calendar weeks and until he or she has obtained bona fide work and earned
wages ((of not less than his or her suspended weekly benefit amount in each
of five calendar weeks)) equal to five times his or her weekly benefit
amount.
The disqualification shall continue if the work
obtained is a mere sham to qualify for benefits and is not bona fide work. In
determining whether work is of a bona fide nature, the commissioner shall
consider factors including but not limited to the following:
(a) The duration of the work;
(b) The extent of direction and control by the
employer over the work; and
(c) The level of skill required for the work in
light of the individual's training and experience.
(2) An individual shall not be considered to
have left work voluntarily without good cause when:
(a) He or she has left work to accept a bona
fide offer of bona fide work as described in subsection (1) of this section; ((or))
(b) The separation was because of the illness
or disability of the claimant or the death, illness, or disability of a member
of the claimant's immediate family if the claimant took all reasonable
precautions, in accordance with any regulations that the commissioner may
prescribe, to protect his or her employment status by having promptly notified
the employer of the reason for the absence and by having promptly requested
reemployment when again able to assume employment: PROVIDED, That these
precautions need not have been taken when they would have been a futile act,
including those instances when the futility of the act was a result of a
recognized labor/management dispatch system; or
(c) He or she has left work to relocate for
the spouse's employment that is outside the existing labor market area if the
claimant remained employed as long as was reasonable prior to the move.
(3) In determining under this section whether
an individual has left work voluntarily without good cause, the commissioner
shall only consider work-connected factors such as the degree of risk involved
to the individual's health, safety, and morals, the individual's physical
fitness for the work, the individual's ability to perform the work, and such
other work connected factors as the commissioner may deem pertinent, including
state and national emergencies. Good cause shall not be established for
voluntarily leaving work because of its distance from an individual's residence
where the distance was known to the individual at the time he or she accepted
the employment and where, in the judgment of the department, the distance is
customarily traveled by workers in the individual's job classification and
labor market, nor because of any other significant work factor which was
generally known and present at the time he or she accepted employment, unless
the related circumstances have so changed as to amount to a substantial
involuntary deterioration of the work factor or unless the commissioner
determines that other related circumstances would work an unreasonable hardship
on the individual were he or she required to continue in the employment.
(4) Subsections (1) and (3) of this section
shall not apply to an individual whose marital status or domestic
responsibilities cause him or her to leave employment. Such an individual
shall not be eligible for unemployment insurance benefits beginning with the
first day of the calendar week in which he or she left work and thereafter for
five calendar weeks and until he or she has requalified, either by
obtaining bona fide work and earning wages ((of not less than the suspended
weekly benefit amount in each of five calendar weeks)) equal to five
times his or her weekly benefit amount or by reporting in person to the
department during ten different calendar weeks and certifying on each occasion
that he or she is ready, able, and willing to immediately accept any suitable
work which may be offered, is actively seeking work pursuant to customary trade
practices, and is utilizing such employment counseling and placement services
as are available through the department. This subsection does not apply to
individuals covered by subsection (2) (b) or (c) of this section.
Sec. 9.
RCW 50.20.060 and 1982 1st ex.s. c 18 s 16 are each amended to read as follows:
(((1))) An individual shall be
disqualified from benefits beginning with the first day of the calendar week in
which he or she has been discharged or suspended for misconduct connected with
his or her work and thereafter for five calendar weeks and until he or
she has obtained work and earned wages ((of not less than the suspended
weekly benefit amount in each of five calendar weeks)) equal to five
times his or her benefit amount. Alcoholism shall not constitute a defense
to disqualification from benefits due to misconduct.
(((2) An individual who has been discharged
because of a felony or a gross misdemeanor of which he or she has been
convicted, or has admitted committing to a competent authority, and which is
connected with his or her work shall be disqualified from receiving any
benefits for which base year credits are earned in any employment prior to the
discharge. Such disqualification begins with the first day of the calendar
week in which he or she has been discharged, and all benefits paid during the
period the individual was disqualified shall be recoverable, notwithstanding
RCW 50.20.190, 50.24.020, or any other provision of this title.))
Sec. 10.
RCW 50.20.080 and 1959 c 321 s 1 are each amended to read as follows:
An individual is disqualified for benefits, if
the commissioner finds that ((he)) the individual has failed
without good cause, either to apply for available, suitable work when so
directed by the employment office or the commissioner, or to accept suitable
work when offered ((him)) the individual, or to return to his or
her customary self-employment (if any) when so directed by the
commissioner. Such disqualification shall begin with the week of the
refusal and thereafter for five calendar weeks and continue until ((he))
the individual has obtained work and earned wages therefor of not less
than five times his or her suspended weekly benefit amount ((in
each of five weeks)).
NEW SECTION. Sec. 11. A
new section is added to chapter 50.20 RCW to read as follows:
CANCELLATION OF WAGE/HOUR CREDITS. (1) An
individual who has been discharged from his or her work because of a felony or
gross misdemeanor of which he or she has been convicted, or has admitted
committing to a competent authority, and that is connected with his or her work
shall have all hourly wage credits based on that employment canceled.
(2) The employer shall notify the department of
such an admission or conviction, not later than six months following the
admission or conviction.
(3) The claimant shall disclose any conviction
of the claimant of a work-connected felony or gross misdemeanor occurring in
the previous two years to the department at the time of application for
benefits.
(4) All benefits that are paid in error based
on wage/hour credits that should have been removed from the claimant's base
year are recoverable, notwithstanding RCW 50.20.190 or 50.24.020 or any other
provisions of this title.
Sec. 12.
RCW 50.20.120 and 1984 c 205 s 1 are each amended to read as follows:
(1) 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 (determined hereinafter) or one-third of the
individual's base year wages under this title: PROVIDED, That as to any week
beginning on and after March 31, 1981, which falls in an extended benefit
period as defined in RCW 50.22.010(1), as now or hereafter amended, 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, as now or hereafter amended.
(2) 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. 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. The maximum amount payable weekly shall be ((fifty-five)) seventy
percent of the "average weekly wage" for the calendar year preceding
such June 30th((: PROVIDED, That if as of the first December 31st on which
the ratio of the balance in the unemployment compensation fund to total
remuneration paid by all employers subject to contributions during the calendar
year ending on such December 31st and reported to the department by the
following March 31st is 0.024 or more, the maximum amount payable weekly for
benefit years beginning with the first full calendar week in July next
following, and thereafter, shall be sixty percent of the "average weekly
wage". The computation for this ratio shall be carried to the fourth
decimal place with the remaining fraction, if any, disregarded: PROVIDED
FURTHER, That for benefit years beginning before July 7, 1985, the maximum
amount payable weekly shall not exceed one hundred eighty-five dollars)).
The minimum amount payable weekly shall be fifteen percent of the "average
weekly wage" for the calendar year preceding such June 30th. 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. 13.
RCW 50.20.190 and 1991 c 117 s 3 are each amended to read as follows:
(1) An individual who is paid any amount as
benefits under this title to which he or she is not entitled shall, unless
otherwise relieved pursuant to this section, be liable for repayment of the
amount overpaid. The department shall issue an overpayment assessment setting
forth the reasons for and the amount of the overpayment. The amount assessed,
to the extent not collected, may be deducted from any future benefits payable
to the individual: PROVIDED, That in the absence of fraud, misrepresentation,
or willful nondisclosure, every determination of liability shall be mailed or
personally served not later than two years after the close of the individual's
benefit year in which the purported overpayment was made unless the merits of
the claim are subjected to administrative or judicial review in which event the
period for serving the determination of liability shall be extended to allow
service of the determination of liability during the six-month period following
the final decision affecting the claim.
(2) The commissioner may waive an overpayment
if the commissioner finds that said overpayment was not the result of fraud,
misrepresentation, willful nondisclosure, or fault attributable to the
individual and that the recovery thereof would be against equity and good
conscience: PROVIDED, HOWEVER, That the overpayment so waived shall be charged
against the individual's applicable entitlement for the eligibility period
containing the weeks to which the overpayment was attributed as though such
benefits had been properly paid.
(3) Any assessment herein provided shall
constitute a determination of liability from which an appeal may be had in the
same manner and to the same extent as provided for appeals relating to
determinations in respect to claims for benefits: PROVIDED, That an appeal
from any determination covering overpayment only shall be deemed to be an
appeal from the determination which was the basis for establishing the
overpayment unless the merits involved in the issue set forth in such
determination have already been heard and passed upon by the appeal tribunal.
If no such appeal is taken to the appeal tribunal by the individual within
thirty days of the delivery of the notice of determination of liability, or
within thirty days of the mailing of the notice of determination, whichever is
the earlier, said determination of liability shall be deemed conclusive and
final. Whenever any such notice of determination of liability becomes
conclusive and final, the commissioner, upon giving at least twenty days notice
by certified mail return receipt requested to the individual's last known
address of the intended action, may file with the superior court clerk of any
county within the state a warrant in the amount of the notice of determination
of liability plus a filing fee of five dollars. The clerk of the county where
the warrant is filed shall immediately designate a superior court cause number
for the warrant, and the clerk shall cause to be entered in the judgment docket
under the superior court cause number assigned to the warrant, the name of the
person(s) mentioned in the warrant, the amount of the notice of determination
of liability, and the date when the warrant was filed. The amount of the
warrant as docketed shall become a lien upon the title to, and any interest in,
all real and personal property of the person(s) against whom the warrant is
issued, the same as a judgment in a civil case duly docketed in the office of
such clerk. A warrant so docketed shall be sufficient to support the issuance
of writs of execution and writs of garnishment in favor of the state in the
manner provided by law for a civil judgment. A copy of the warrant shall be
mailed to the person(s) mentioned in the warrant by certified mail to the
person's last known address within five days of its filing with the clerk.
(4) On request of any agency which administers
an employment security law of another state, the United States, or a foreign
government and which has found in accordance with the provisions of such law
that a claimant is liable to repay benefits received under such law, the
commissioner may collect the amount of such benefits from the claimant to be
refunded to the agency. In any case in which under this section a claimant is
liable to repay any amount to the agency of another state, the United States,
or a foreign government, such amounts may be collected without interest by
civil action in the name of the commissioner acting as agent for such agency if
the other state, the United States, or the foreign government extends such collection
rights to the employment security department of the state of Washington, and
provided that the court costs be paid by the governmental agency benefiting
from such collection.
(5) Any employer who is a party to a back pay
award or settlement due to loss of wages shall, within thirty days of the award
or settlement, report to the department the amount of the award or settlement,
the name and social security number of the recipient of the award or
settlement, and the period for which it is awarded. When an individual has
been awarded or receives back pay, for benefit purposes the amount of the back
pay shall constitute wages paid in the period for which it was awarded. For
contribution purposes, the back pay award or settlement shall constitute wages
paid in the period in which it was actually paid. The following requirements
shall also apply:
(a) The employer shall reduce the amount of the
back pay award or settlement by an amount determined by the department based
upon the amount of unemployment benefits received by the recipient of the award
or settlement during the period for which the back pay award or settlement was
awarded;
(b) The employer shall pay to the unemployment
compensation fund, in a manner specified by the commissioner, an amount equal
to the amount of such reduction;
(c) The employer shall also pay to the
department any taxes due for unemployment insurance purposes on the entire
amount of the back pay award or settlement notwithstanding any reduction made
pursuant to (a) of this subsection;
(d) If the employer fails to reduce the amount
of the back pay award or settlement as required in (a) of this subsection, the
department shall issue an overpayment assessment against the recipient of the
award or settlement in the amount that the back pay award or settlement should
have been reduced; and
(e) If the employer fails to pay to the
department an amount equal to the reduction as required in (b) of this
subsection, the department shall issue an assessment of liability against the employer
which shall be collected pursuant to the procedures for collection of
assessments provided herein and in RCW 50.24.110.
(6) When an individual fails to repay an
overpayment assessment that is due and fails to arrange for satisfactory
repayment terms, the commissioner shall impose an interest penalty of one
percent per month of the outstanding balance ((for each month that
payments are not made in a timely fashion)). Interest shall accrue
immediately on overpayments assessed pursuant to RCW 50.20.070 and shall be
imposed when the assessment becomes final. For any other overpayment,
interest shall accrue when the individual has missed two or more of their
monthly payments either partially or in full. The interest penalty shall be
used to fund detection and recovery of overpayment and collection activities.
NEW SECTION. Sec. 14. A
new section is added to chapter 50.20 RCW to read as follows:
All receipts from interest assessed against
unemployment insurance claimants shall be deposited in the administrative
contingency fund and shall be used for the purpose of RCW 50.20.190(6).
Sec. 15.
RCW 50.22.010 and 1985 ex.s. c 5 s 10 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(() either:
(a))),
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) ((Equaled or exceeded six percent:
PROVIDED, That the six percent trigger shall apply only until December 31, 1985))
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.
(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.
(4) There is an "off"
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, the rate of insured unemployment (not seasonally adjusted) was either:
(a) Less than five percent; or
(b) Five percent or more but less than six
percent and the rate of insured unemployment was less than one hundred twenty
percent of the average of the rates for the corresponding thirteen week period
ending in each of the two preceding calendar years: PROVIDED, That the six
percent trigger shall apply only until December 31, 1985)) 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.
(((4))) (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.
(((5))) (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.
(((6))) (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.
(((7))) (8) "Eligibility
period" of an individual means 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.
(((8))) (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.
(((9))) (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.
(((10))) (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. 16.
RCW 50.22.020 and 1981 c 35 s 8 are each amended to read as follows:
When the result would not be inconsistent with
the other provisions of this chapter, the provisions of this title and
commissioner's regulations enacted pursuant thereto, which apply to claims for,
or the payment of, regular benefits, shall apply to claims for, and the payment
of, extended benefits: PROVIDED, That
(1) Payment of extended compensation under this
chapter shall not be made to any individual for any week of unemployment in his
or her eligibility period--
(a) During which he or she fails to accept any
offer of suitable work (as defined in subsection (3) of this section) or fails
to apply for any suitable work to which he or she was referred by the
employment security department; or
(b) During which he or she fails to actively
engage in seeking work.
(2) If any individual is ineligible for
extended compensation for any week by reason of a failure described in
subsections (1)(a) or (1)(b) of this section, the individual shall be
ineligible to receive extended compensation for any week which begins during a
period which--
(a) Begins with the week following the week in
which such failure occurs; and
(b) Does not end until such individual has been
employed during at least four weeks which begin after such failure and the
total of the remuneration earned by the individual for being so employed is not
less than the product of four multiplied by the individual's weekly benefit
amount (as determined under RCW 50.20.120) for his or her benefit year.
(3) For purposes of this section, the term
"suitable work" means, with respect to any individual, any work which
is within such individual's capabilities and which does not involve conditions
described in RCW 50.20.110: PROVIDED, That if the individual furnishes
evidence satisfactory to the employment security department that such
individual's prospects for obtaining work in his or her customary occupation
within a reasonably short period are good, the determination of whether any
work is suitable work with respect to such individual shall be made in
accordance with RCW 50.20.100.
(4) Extended compensation shall not be denied
under subsection (1)(a) of this section to any individual for any week by
reason of a failure to accept an offer of, or apply for, suitable work if:
(a) The gross average weekly remuneration payable
to such individual for the position does not exceed the sum of--
(i) The individual's weekly benefit amount (as
determined under RCW 50.20.120) for his or her benefit year; plus
(ii) The amount (if any) of supplemental
unemployment compensation benefits (as defined in section 501(c)(17)(D) of the
Internal Revenue Code of 1954, 26 U.S.C. Sec. 501(c)(17)(D)), payable to such
individual for such week;
(b) The position was not offered to such
individual in writing and was not listed with the employment security
department;
(c) Such failure would not result in a denial
of compensation under the provisions of RCW 50.20.080 and 50.20.100 to the
extent such provisions are not inconsistent with the provisions of subsections
(3) and (5) of this section; or
(d) The position pays wages less than the
higher of--
(i) The minimum wage provided by section
(6)(a)(1) of the Fair Labor Standards Act of 1938, without regard to any
exemption; or
(ii) Any applicable state or local minimum
wage.
(5) For purposes of this section, an individual
shall be treated as actively engaged in seeking work during any week if:
(a) The individual has engaged in a systematic
and sustained effort to obtain work during such week; and
(b) The individual provides tangible evidence
to the employment security department that he or she has engaged in such an
effort during such week.
(6) The employment security department shall
refer applicants for benefits under this chapter to any suitable work to which
subsections (4)(a) through (4)(d) of this section would not apply.
(7) No provisions of this title which
terminates a disqualification for voluntarily leaving employment, being
discharged for misconduct, or refusing suitable employment shall apply for
purposes of determining eligibility for extended compensation unless such
termination is based upon employment subsequent to the date of such
disqualification.
(8) The provisions of subsections (1) through
(7) of this section shall apply with respect to weeks of unemployment beginning
after March 31, 1981. However, the provisions of subsections (1) through
(7) of this section shall not apply to those weeks of unemployment beginning
after March 6, 1993, and before January 1, 1995.
Sec. 17.
RCW 50.22.030 and 1982 1st ex.s. c 18 s 4 are each amended to read as follows:
(1) An individual shall be eligible to receive
extended benefits with respect to any week of unemployment in his or her
eligibility period only if the commissioner finds with respect to such week that:
(a) The individual is an "exhaustee"
as defined in RCW 50.22.010;
(b) He or she has satisfied the requirements of
this title for the receipt of regular benefits that are applicable to
individuals claiming extended benefits, including not being subject to a
disqualification for the receipt of benefits; and
(c) He or she has earned wages in the
applicable base year of at least:
(i) Forty times his or her weekly
benefit amount; or
(ii) One and one-half times his or her
insured wages in the calendar quarter of the base period in which the insured
wages are the highest, for weeks of unemployment on or after July 3, 1992.
(2) An individual filing an interstate claim in
any state under the interstate benefit payment plan shall not be eligible to
receive extended benefits for any week beyond the first two weeks claimed for
which extended benefits are payable unless an extended benefit period embracing
such week is also in effect in the agent state.
Sec. 18.
RCW 50.22.050 and 1982 1st ex.s. c 18 s 5 are each amended to read as follows:
(1) The total extended benefit amount payable
to any eligible individual with respect to his or her applicable benefit
year shall be the least of the following amounts:
(a) Fifty percent of the total amount of
regular benefits which were payable to him or her under this title in
his or her applicable benefit year;
(b) Thirteen times his or her weekly
benefit amount which was payable to him or her under this title for a
week of total unemployment in the applicable benefit year; or
(c) Thirty-nine times his or her weekly
benefit amount which was payable to him or her under this title for a
week of total unemployment in the applicable benefit year, reduced by the total
amount of regular benefits which were paid (or deemed paid) to him or her
under this title with respect to the benefit year.
(2) Notwithstanding any other provision of this
chapter, if the benefit year of any eligible individual ends within an extended
benefit period, the extended benefits which the individual would otherwise be
entitled to receive with respect to weeks of unemployment beginning after the
end of the benefit year and within the extended benefit period shall be reduced
(but not below zero) by the product of the number of weeks for which the
individual received any amount as a trade readjustment allowance within that
benefit year, multiplied by the individual's weekly extended benefit amount.
(3) Effective for weeks beginning in a high
unemployment period as defined in RCW 50.22.010(3) the total extended benefit
amount payable to any eligible individual with respect to his or her applicable
benefit year shall be the least of the following amounts:
(a) Eighty percent of the total amount of
regular benefits that were payable to him or her under this title in his or her
applicable benefit year;
(b) Twenty times his or her weekly benefit
amount that was payable to him or her under this title for a week of total
unemployment in the applicable benefit year; or
(c) Forty-six times his or her weekly
benefit amount that was payable to him or her under this title for a week of
total unemployment in the applicable benefit year, reduced by the total amount
of regular benefits which were paid, or deemed paid, to him or her under this
title with respect to the benefit year.
Sec. 19.
RCW 50.29.020 and 1991 c 129 s 1 are each amended to read as follows:
(1) An experience rating account shall be
established and maintained for 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, based on existing records of the employment security
department. Benefits paid to any eligible individuals 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.
(2) 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 and
50.44.030 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 individuals later
determined to be ineligible shall not be charged to the experience rating
account of any contribution paying employer.
(b) Benefits paid to an individual under the
provisions of RCW 50.12.050 shall not be charged to the account of any
contribution paying employer if the wage credits earned in this state by the
individual during his or her base year are less than the minimum amount
necessary to qualify the individual for unemployment benefits.
(c) 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.
(d) Benefits paid which represent the state's
share of benefits payable under chapter 50.22 RCW shall not be charged to the
experience rating account of any contribution paying employer.
(e) 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.
(f)(((i) Benefits paid to an individual as
the result of a determination by the commissioner that no stoppage of work
exists, pursuant to RCW 50.20.090, shall not be charged to the experience
rating account of any contribution paying employer.
(ii) Benefits paid to an individual under RCW
50.20.090(1) for weeks of unemployment ending before February 20, 1987, shall
not be charged to the experience rating account of any base year employer.
(g)))
In the case of individuals identified under RCW 50.20.015, benefits paid with
respect to a calendar quarter, which exceed the total amount of wages earned in
the state of Washington in the higher of two corresponding calendar quarters
included within the individual's determination period, as defined in RCW
50.20.015, shall not be charged to the experience rating account of any
contribution paying employer.
(((h))) (g) Benefits paid to an
individual who does not successfully complete an approved on-the-job training
program under RCW 50.12.240 may not be charged to the experience rating account
of the contribution-paying employer who provided the approved on-the-job
training.
(3)(a) Beginning July 1, 1985, 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) ((The benefit charges result from
payment to an individual who)) Last left the employ of such employer
voluntarily for reasons not attributable to the employer((, or was
discharged for misconduct connected with his or her work; and));
(ii) ((The employer requests relief of
charges in writing within thirty days following mailing to the last known
address of the notification of the initial determination of such a claim,
stating the date and reason for the last leaving; and
(iii) Upon investigation of the separation, the
commissioner rules that the relief should be granted.
(i) An employer who employed a claimant during
the claimant's base year, and who continues to employ the claimant, is eligible
for relief of benefit charges if relief is requested in writing within thirty
days of notification by the department of the claimant's application for
initial determination of eligibility. Relief of benefit charges shall cease
when the employment relationship with the claimant ends. This subsection shall
not apply to shared work employers under chapter 50.60 RCW.
(j) Benefits paid to an individual who does not
successfully complete an approved on-the-job training program under RCW
50.12.240 shall not be charged to the experience rating account of the
contribution paying employer who provided the approved on-the-job training.
(k) Benefits paid resulting from a closure or
severe curtailment of operations at the employer's plant, building, work site,
or facility due to damage caused by fire, flood, or other natural disaster
shall not be charged to the experience rating account of the employer if:
(i))) Was
discharged for 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, work
site, 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 50.60 RCW.
(b) The employer ((petitions for))
requesting relief of charges((; and
(ii) The commissioner approves granting 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. 20.
RCW 50.24.014 and 1987 c 171 s 4 are each amended to read as follows:
A separate and identifiable account to provide
for the financing of special programs to assist the unemployed is established
in the administrative contingency fund. 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 ((the)) 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.
For the first calendar quarter of 1994 only,
this basic two one-hundredths of one percent shall be increased by one
hundredth of one percent to a total rate of three one-hundredths of one
percent. The proceeds of this incremental one-hundredth of one percent shall
be used solely for the purposes described in section 22 of this act. Any
surplus will be deposited in the unemployment compensation trust fund.
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.
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.
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. 21.
RCW 50.29.025 and 1990 c 245 s 7 are each amended to read as follows:
The contribution rate for each employer shall
be determined under this section.
(1) A fund balance ratio shall be determined by
dividing the balance in the unemployment compensation fund as of the June 30th
immediately preceding the rate year by the total remuneration paid by all
employers subject to contributions during the second calendar year preceding
the rate year and reported to the department by the following March 31st. The
division shall be carried to the fourth decimal place with the remaining
fraction, if any, disregarded. The fund balance ratio shall be expressed as a
percentage.
(2) The interval of the fund balance ratio,
expressed as a percentage, shall determine which tax schedule in subsection (5)
of this section shall be in effect for assigning tax rates for the rate year.
The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax
Schedule
3.90 and above AA
3.40 ((and above)) to
3.89 A
2.90 to 3.39 B
2.40 to 2.89 C
1.90 to 2.39 D
1.40 to 1.89 E
Less than 1.40 F
(3) 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; (c) taxable payrolls for the four calendar quarters immediately
preceding the computation date and reported to the department by the cut-off
date; (d) a cumulative total of taxable payrolls consisting of the employer's
taxable payroll plus the taxable payrolls of all other employers preceding him
or her in the array; and (e) the percentage equivalent of the cumulative total
of taxable payrolls.
(4) Each employer in the array shall be
assigned to one of twenty rate classes according to the percentage intervals of
cumulative taxable payrolls set forth in subsection (5) of this section:
PROVIDED, That if an employer's taxable payroll falls within two or more rate
classes, the employer and any other employer with the same benefit ratio shall
be assigned to the lowest rate class which includes any portion of the
employer's taxable payroll.
(5) The contribution rate for each employer in
the array shall be the rate specified in the following table for the rate class
to which he or she has been assigned, as determined under subsection (4) of
this section, within the tax schedule which is to be in effect during the rate
year:
Percent of
Cumulative Schedule
of Contribution Rates for
Taxable Payrolls
Effective Tax Schedule
Rate
From To Class AA A
B C D E F
0.00 5.00 1 0.48 0.48
0.58 0.98 1.48 1.88 2.48
5.01 10.00 2 0.48
0.48 0.78 1.18 1.68 2.08 2.68
10.01 15.00 3 0.58
0.58 0.98 1.38 1.78 2.28 2.88
15.01 20.00 4 0.58
0.78 1.18 1.58 1.98 2.48 3.08
20.01 25.00 5 0.78
0.98 1.38 1.78 2.18 2.68 3.18
25.01 30.00 6 0.98
1.18 1.58 1.98 2.38 2.78 3.28
30.01 35.00 7 1.08
1.38 1.78 2.18 2.58 2.98 3.38
35.01 40.00 8 1.28
1.58 1.98 2.38 2.78 3.18 3.58
40.01 45.00 9 1.48
1.78 2.18 2.58 2.98 3.38 3.78
45.01 50.00 10 1.68
1.98 2.38 2.78 3.18 3.58 3.98
50.01 55.00 11 1.98
2.28 2.58 2.98 3.38 3.78 4.08
55.01 60.00 12 2.18
2.48 2.78 3.18 3.58 3.98 4.28
60.01 65.00 13 2.38
2.68 2.98 3.38 3.78 4.18 4.48
65.01 70.00 14 2.58
2.88 3.18 3.58 3.98 4.38 4.68
70.01 75.00 15 2.88
3.08 3.38 3.78 4.18 4.58 4.78
75.01 80.00 16 3.08
3.28 3.58 3.98 4.38 4.68 4.88
80.01 85.00 17 3.28
3.48 3.78 4.18 4.58 4.88 4.98
85.01 90.00 18 3.68
3.88 4.18 4.58 4.88 4.98 5.18
90.01 95.00 19 4.08
4.28 4.58 4.98 5.08 5.18 5.38
95.01 100.00 20 5.40
5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not
qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of
"qualified employer" by reason of failure to pay contributions when
due shall be assigned the contribution rate of five and ((four-tenths)) six-tenths
percent, except employers who have an approved agency-deferred payment contract
by September 30 of the previous rate year. If any employer with an approved
agency-deferred payment contract fails to make any one of the succeeding
deferred payments or fails to submit any succeeding tax report and payment in a
timely manner, the employer's tax rate shall immediately revert to five and ((four-tenths))
six-tenths percent for the current rate year;
(b) The contribution rate for employers exempt
as of December 31, 1989, who are newly covered under the section 78, chapter
380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the
array shall be 2.5 percent for employers whose standard industrial code is
"013", "016", "017", "018",
"019", "021", or "081"; and
(c) For all other employers not qualified to be
in the array, the contribution rate shall be a rate equal to the average
industry rate as determined by the commissioner; however, the rate may not be
less than one percent. Assignment of employers by the commissioner to
industrial classification, for purposes of this subsection, shall be in
accordance with established classification practices found in the
"Standard Industrial Classification Manual" issued by the federal
office of management and budget to the third digit provided in the Standard
Industrial Classification code.
NEW SECTION. Sec. 22.
(1) There is hereby created a joint task force on unemployment insurance composed
of the following members:
(a) Four members of the senate labor and
commerce committee, two from each of the major caucuses, to be appointed by the
president of the senate;
(b) Four members of the house of
representatives commerce and labor committee, two from each of the major
caucuses, to be appointed by the speaker of the house of representatives; and
(c) Up to eight members appointed jointly by
the president of the senate and the speaker of the house of representatives
representing business and labor in equal numbers. The business representatives
shall be selected from nominations submitted by state-wide business
organizations representing a cross-section of industries. The labor
representatives shall be selected from nominations submitted by state-wide
labor organizations representing a cross-section of industries.
(2) The employment security department
unemployment insurance advisory committee shall act as an advisory body to the
task force.
(3) The senate committee services and the
office of program research shall provide the staff support as mutually agreed
by the cochairs of the task force. The task force shall designate the
cochairs.
(4) The members of the task force shall be
reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The task force shall study the following
issues:
(a) Financing and administration of
unemployment insurance;
(b) Social costs;
(c) Administrative costs;
(d) Experience rating systems;
(e) Tax rates;
(f) Trust fund adequacy;
(g) Accountability and administrative funding
of employment security department programs; and
(h) Any other issues deemed appropriate by the
task force.
(6) The task force shall report its findings to
the legislature by December 31, 1993.
NEW SECTION. Sec. 23.
(1) Sections 1 and 8 through 11 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 shall take effect July 3,
1993, and shall be effective as to separations occurring after July 3, 1993.
(2) Section 2 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take
effect July 3, 1993, and is effective as to weeks claimed after July 3, 1993.
(3) Section 12 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take
effect immediately, and is effective as to new claims filed after July 3, 1993.
(4) Section 19 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take
effect July 3, 1993, and is effective as to requests for relief of charges
received after July 3, 1993.
(5) Sections 15, 17, and 18 of this act shall be
effective as to new extended benefit claims filed after October 2, 1993.
(6) Sections 13 and 14 of this act shall take
effect January 1, 1994.
(7) Sections 3, 4, and 5 of this act shall take
effect January 2, 1994.
(8) Sections 20 and 21 of this act shall take
effect for tax year 1994.
(9) Section 16 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take
effect immediately.
NEW SECTION. Sec. 24. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state or
the eligibility of employers in this state for federal unemployment tax
credits, the conflicting part of this act is hereby declared to be inoperative
solely to the extent of the conflict, and such finding or determination shall
not affect the operation of the remainder of this act. The rules under this
act shall meet federal requirements that are a necessary condition to the
receipt of federal funds by the state or the granting of federal unemployment
tax credits to employers in this state.
NEW SECTION. Sec. 25. 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.
