AN
ACT Relating to use of school hours and wages for unemployment compensation
claims for educational employees; amending RCW 50.44.050; 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 the use of
base year hours and wages for certain employees at educational institutions,
for the purpose of determining eligibility for unemployment insurance benefits.
The
legislature finds that, unless clarified, Washington's unemployment
compensation law may be out of conformity with the federal unemployment tax
act, which poses a significant economic risk to the state's private employers,
the state's general fund, and to the administration of the state's unemployment
insurance system. It is the intent of the legislature to change Washington's
unemployment law only to the extent necessary to ensure it conforms with
federal law governing the use of base year hours and wages earned at educational
institutions.
The
legislature finds that the United States department of labor will rely on state
law and its application as interpreted in state court decisions, especially Pechman
v. Employment Security, to determine if Washington state law conforms to
federal guidelines in this area. Therefore, it is the intent of the
legislature to clearly communicate to the courts that the purpose for the
section 2, chapter . . ., Laws of 2001 amendment to RCW 50.44.050
(section 2 of this act) is to interpret state law in a manner that conforms to
federal guidelines.
The
legislature finds that federal law requires that school hours and wages in the
base year must be restricted from use to establish eligibility for an
unemployment compensation claim for employees of educational institutions
during specified times. Further, federal law specifies that when required to
restrict base year school hours and wages, it must be any and all hours and
wages from any and all educational institutions, not just the hours and wages
from institutions where there is a reasonable assurance of returning to work
following a customary nonwork period. Therefore, it is the intent of the
legislature to restrict hours worked and wages earned as required by federal
law.
Customary
nonwork periods for educational institutions include:
(1)
The period between two successive academic years;
(2)
The period between two successive academic terms within an academic year;
(3)
A similar period between two regular but not successive terms within an academic
year; or
(4)
An established and customary vacation period or holiday recess.
Restricted
use of base year hours and wages from educational institutions shall occur only
in the circumstances described in RCW 50.44.050 (as amended by this act) and in
RCW 50.44.053, and as further defined in rules promulgated by the employment
security department.
Sec.
2. RCW
50.44.050 and 1998 c 233 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 any and all service in an instructional, research, or
principal administrative capacity for ((an)) any and all
educational institutions 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 any and all services in any other
capacity for ((an)) any and all educational institutions
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 for any educational institution in the period
immediately before such vacation period or holiday recess, and there is a
reasonable assurance that such individual will perform such services for any
educational institution 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)) any
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 this section, "academic year" means: 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.
NEW
SECTION. Sec. 3. 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. 4. 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.
