AN
ACT Relating to unemployment compensation for part-time faculty; amending RCW
50.44.050 and 50.44.053; repealing 1995 c 296 s 4 (uncodified); creating new
sections; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It is
the intent of the legislature to clarify requirements related to unemployment
compensation for employees at educational institutions.
The
legislature finds that, unless clarified, Washington's unemployment
compensation law may be out of conformity with the federal unemployment tax
act, which finding poses a significant economic risk to the state's private
employers and to the administration of the state's unemployment insurance
system. It is the intent of the legislature, by the 1998, chapter
. . . (this act) amendments to RCW 50.44.050 and 50.44.053, to bring
Washington's unemployment compensation law into conformity with federal law in
these areas of concern.
The
legislature finds that some instructional staff at the state's educational
institutions receive an appointment of employment for an indefinite period
while others may face circumstances that do not provide a reasonable
expectation of employment during an ensuing academic year or term.
Therefore,
it is the intent of the legislature that the employment security department
continue to make determinations of educational employees' eligibility for
unemployment compensation for the period between academic years or terms based
on a finding of reasonable assurance that the employee will have employment for
the ensuing academic year or term and that the determination in each employee's
case is made on an individual basis, consistent with federal guidelines. This
determination must take into consideration contingencies that may exist in fact
in an individual case. The 1998, chapter . . . (this act) amendment
to RCW 50.44.053 is not intended to change the practice used by the employment
security department when determining reasonable assurance. If, during
fact-finding, there is a disagreement about whether an individual has
reasonable assurance, the educational institution must provide documentation
that reasonable assurance exists for that individual.
Sec.
2. RCW
50.44.050 and 1995 c 296 s 2 are each amended to read as follows:
Except
as otherwise provided in subsections (1) through (4) of this section, benefits
based on services in employment covered by or pursuant to this chapter shall be
payable on the same terms and subject to the same conditions as compensation
payable on the basis of other service subject to this title.
(1)
Benefits based on service in an instructional, research, or principal
administrative capacity for an educational institution shall not be paid to an
individual for any week of unemployment which commences during the period
between two successive academic years or between two successive academic terms
within an academic year (or, when an agreement provides instead for a similar
period between two regular but not successive terms within an academic year,
during such period) if such individual performs such services in the first of
such academic years or terms and if there is a contract or reasonable assurance
that such individual will perform services in any such capacity for any
educational institution in the second of such academic years or terms. Any
employee of a common school district who is presumed to be reemployed pursuant
to RCW 28A.405.210 shall be deemed to have a contract for the ensuing term.
(2)
Benefits shall not be paid based on services in any other capacity for an
educational institution for any week of unemployment which commences during the
period between two successive academic years or between two successive academic
terms within an academic year, if such individual performs such services in the
first of such academic years or terms and there is a reasonable assurance that
such individual will perform such services in the second of such academic years
or terms: PROVIDED, That if benefits are denied to any individual under this
subsection and that individual was not offered an opportunity to perform such
services for the educational institution for the second of such academic years
or terms, the individual is entitled to a retroactive payment of benefits for
each week for which the individual filed a timely claim for benefits and for
which benefits were denied solely by reason of this subsection.
(3)
Benefits shall not be paid based on any services described in subsections (1)
and (2) of this section for any week of unemployment which commences during an
established and customary vacation period or holiday recess if such individual
performs such services in the period immediately before such vacation period or
holiday recess, and there is a reasonable assurance that such individual will
perform such services in the period immediately following such vacation period
or holiday recess.
(4)
Benefits shall not be paid (as specified in subsections (1), (2), or (3) of
this section) based on any services described in subsections (1) or (2) of this
section to any individual who performed such services in an educational
institution while in the employ of an educational service district which is
established pursuant to chapter 28A.310 RCW and exists to provide services to
local school districts.
(5)
As used in ((subsection (1) of)) this section, "academic year"
means((, with respect to services described in subsection (1) of this
section performed by part-time faculty at community colleges and technical
colleges)): Fall, winter, spring, and summer quarters or comparable
semesters unless, based upon objective criteria including enrollment and
staffing, the quarter or comparable semester is not in fact a part of the
academic year for the particular institution.
Sec.
3. RCW
50.44.053 and 1995 c 296 s 3 are each amended to read as follows:
The
term "reasonable assurance," as used in RCW 50.44.050, means a
written, verbal, or implied agreement that the employee will perform services
in the same capacity during the ensuing academic year or term as in the first
academic year or term. ((However, with respect to services described in RCW
50.44.050(1) performed by part-time faculty for community colleges and
technical colleges, the term "reasonable assurance" does not include
an agreement that is contingent on enrollment, funding, or program changes.))
A person shall not be deemed to be performing services "in the same
capacity" unless those services are rendered under the same terms or
conditions of employment in the ensuing year as in the first academic year or
term.
NEW
SECTION. Sec. 4. 1995
c 296 s 4 (uncodified) is repealed.
NEW
SECTION. Sec. 5. 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. 6. 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 takes effect immediately.
