EHB 2255 -
By Senator Parlette
NOT ADOPTED 04/15/2005
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 50.20.120 and 2003 2nd sp.s. c 4 s 11 are each
amended to read as follows:
(1)(a) Subject to the other provisions of this title, benefits
shall be payable to any eligible individual during the individual's
benefit year in a maximum amount equal to the lesser of thirty times
the weekly benefit amount, as determined in subsection (2) of this
section, or one-third of the individual's base year wages under this
title: PROVIDED, That as to any week which falls in an extended
benefit period as defined in RCW 50.22.010(1), an individual's
eligibility for maximum benefits in excess of twenty-six times his or
her weekly benefit amount will be subject to the terms and conditions
set forth in RCW 50.22.020.
(b) With respect to claims that have an effective date on or after
((the first Sunday of the calendar month immediately following the
month in which the commissioner finds that the state unemployment rate
is six and eight-tenths percent or less)) 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)(a) For claims with an effective date before January 4, 2004, an
individual's weekly benefit amount shall be an amount equal to one
twenty-fifth of the average quarterly wages of the individual's total
wages during the two quarters of the individual's base year in which
such total wages were highest.
(b) With respect to claims with an effective date on or after
January 4, 2004, and before January 2, 2005, an individual's weekly
benefit amount shall be an amount equal to one twenty-fifth of the
average quarterly wages of the individual's total wages during the
three quarters of the individual's base year in which such total wages
were highest.
(c) With respect to claims with an effective date on or after
January 2, 2005, an individual's weekly benefit amount shall be an
amount equal to one percent of the total wages paid in the individual's
base year.
(3) The maximum and minimum amounts payable weekly under subsection
(2) of this section shall be determined under this subsection as of
each June 30th to apply to benefit years beginning in the twelve-month
period immediately following such June 30th.
(a)(i) With respect to claims that have an effective date before
January 4, 2004, the maximum amount payable weekly shall be seventy
percent of the "average weekly wage" for the calendar year preceding
such June 30th.
(ii) With respect to claims that have an effective date on or after
January 4, 2004, 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) In addition to the amount payable weekly under subsection (2)
of this section, with respect to weeks of unemployment occurring on or
after the date on which the governor signs this act, and before July 2,
2006, a claimant and community assistance benefit shall be payable
weekly as provided in this subsection:
(a) To determine eligibility, the commissioner must calculate a
claimant's weekly benefit amount: (i) Under subsection (2)(c) of this
section; and (ii) as if the claimant's weekly benefit amount was
calculated under subsection (2)(a) of this section. If the amount
calculated under (a)(i) of this subsection is at least twenty-five
percent less than the amount calculated under (a)(ii) of this
subsection, then the claimant is eligible to receive claimant and
community assistance benefits.
(b) The amount of claimant and community assistance benefits for
claimants eligible under (a) of this subsection is seventy-five dollars
weekly.
(c) The employment security department must notify a claimant who
is eligible under (a) of this subsection of his or her eligibility,
which notice must include an application box to be signed and returned
to the department. The notice must specify that the claimant must
apply for the claimant and community assistance benefits by signing and
returning the notice. For weeks of unemployment beginning on or after
the Sunday following receipt of the application, the department must
recalculate the claimant's weekly benefit amount to include the sum of
the benefits paid under subsection (2) of this section and under this
subsection.
(d) The employment security department may pay claimant and
community assistance benefits of up to fifty million dollars in a
calendar year, and may not obligate expenditures beyond this limit.
Expenditures for benefits must be obligated in the order that
applications are received. The department must develop a process to
ensure that expenditures do not exceed the limits established in this
subsection.
(5) 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. 2 RCW 50.29.021 and 2003 2nd sp.s. c 4 s 21 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 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.
(b) Benefits paid to an eligible individual shall be charged to the
experience rating accounts of each of such individual's employers
during the individual's base year in the same ratio that the wages paid
by each employer to the individual during the base year bear to the
wages paid by all employers to that individual during that base year,
except as otherwise provided in this section.
(c) When the eligible individual's separating employer is a covered
contribution paying base year employer, benefits paid to the eligible
individual shall be charged to the experience rating account of only
the individual's separating employer if the individual qualifies for
benefits under:
(i) RCW 50.20.050(2)(b)(i), as applicable, and became unemployed
after having worked and earned wages in the bona fide work; or
(ii) RCW 50.20.050(2)(b)(v) through (x).
(3) The legislature finds that certain benefit payments, in whole
or in part, should not be charged to the experience rating accounts of
employers except those employers described in RCW 50.44.010 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 individual 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 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) Individuals who qualify for benefits under RCW
50.20.050(2)(b)(iv), as applicable, shall not have their benefits
charged to the experience rating account of any contribution paying
employer.
(f) Benefits paid under RCW 50.20.120(4) shall not be charged to
the experience rating account of any contribution paying employer.
(4)(a) A contribution paying base year employer, not otherwise
eligible for relief of charges for benefits under this section, may
receive such relief if the benefit charges result from payment to an
individual who:
(i) Last left the employ of such employer voluntarily for reasons
not attributable to the employer;
(ii) Was discharged for misconduct or gross misconduct connected
with his or her work not a result of inability to meet the minimum job
requirements;
(iii) Is unemployed as a result of closure or severe curtailment of
operation at the employer's plant, building, worksite, or other
facility. This closure must be for reasons directly attributable to a
catastrophic occurrence such as fire, flood, or other natural disaster;
or
(iv) Continues to be employed on a regularly scheduled permanent
part-time basis by a base year employer and who at some time during the
base year was concurrently employed and subsequently separated from at
least one other base year employer. Benefit charge relief ceases when
the employment relationship between the employer requesting relief and
the claimant is terminated. This subsection does not apply to shared
work employers under chapter 50.60 RCW.
(b) The employer requesting relief of charges under this subsection
must request relief in writing within thirty days following mailing to
the last known address of the notification of the valid initial
determination of such claim, stating the date and reason for the
separation or the circumstances of continued employment. The
commissioner, upon investigation of the request, shall determine
whether relief should be granted.
Sec. 3 RCW 50.29.025 and 2003 2nd sp.s. c 4 s 14 are each amended
to read as follows:
(1) Except as provided in subsection (2) of this section, the
contribution rate for each employer subject to contributions under RCW
50.24.010 shall be determined under this subsection.
(a) A fund balance ratio shall be determined by dividing the
balance in the unemployment compensation fund as of the September 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.
(b) The interval of the fund balance ratio, expressed as a
percentage, shall determine which tax schedule in (e) of this
subsection 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 Expressed as a Percentage | Effective Tax Schedule | |
2.90 and above | AA | |
2.10 to 2.89 | A | |
1.70 to 2.09 | B | |
1.40 to 1.69 | C | |
1.00 to 1.39 | D | |
0.70 to 0.99 | E | |
Less than 0.70 | F |
Percent of Cumulative Taxable Payrolls | Schedules of Contributions Rates for Effective Tax Schedule | |||||||||
From | To | Rate Class | AA | A | B | C | D | E | F | |
0.00 | 5.00 | 1 | 0.47 | 0.47 | 0.57 | 0.97 | 1.47 | 1.87 | 2.47 | |
5.01 | 10.00 | 2 | 0.47 | 0.47 | 0.77 | 1.17 | 1.67 | 2.07 | 2.67 | |
10.01 | 15.00 | 3 | 0.57 | 0.57 | 0.97 | 1.37 | 1.77 | 2.27 | 2.87 | |
15.01 | 20.00 | 4 | 0.57 | 0.73 | 1.11 | 1.51 | 1.90 | 2.40 | 2.98 | |
20.01 | 25.00 | 5 | 0.72 | 0.92 | 1.30 | 1.70 | 2.09 | 2.59 | 3.08 | |
25.01 | 30.00 | 6 | 0.91 | 1.11 | 1.49 | 1.89 | 2.29 | 2.69 | 3.18 | |
30.01 | 35.00 | 7 | 1.00 | 1.29 | 1.69 | 2.08 | 2.48 | 2.88 | 3.27 | |
35.01 | 40.00 | 8 | 1.19 | 1.48 | 1.88 | 2.27 | 2.67 | 3.07 | 3.47 | |
40.01 | 45.00 | 9 | 1.37 | 1.67 | 2.07 | 2.47 | 2.87 | 3.27 | 3.66 | |
45.01 | 50.00 | 10 | 1.56 | 1.86 | 2.26 | 2.66 | 3.06 | 3.46 | 3.86 | |
50.01 | 55.00 | 11 | 1.84 | 2.14 | 2.45 | 2.85 | 3.25 | 3.66 | 3.95 | |
55.01 | 60.00 | 12 | 2.03 | 2.33 | 2.64 | 3.04 | 3.44 | 3.85 | 4.15 | |
60.01 | 65.00 | 13 | 2.22 | 2.52 | 2.83 | 3.23 | 3.64 | 4.04 | 4.34 | |
65.01 | 70.00 | 14 | 2.40 | 2.71 | 3.02 | 3.43 | 3.83 | 4.24 | 4.54 | |
70.01 | 75.00 | 15 | 2.68 | 2.90 | 3.21 | 3.62 | 4.02 | 4.43 | 4.63 | |
75.01 | 80.00 | 16 | 2.87 | 3.09 | 3.42 | 3.81 | 4.22 | 4.53 | 4.73 | |
80.01 | 85.00 | 17 | 3.27 | 3.47 | 3.77 | 4.17 | 4.57 | 4.87 | 4.97 | |
85.01 | 90.00 | 18 | 3.67 | 3.87 | 4.17 | 4.57 | 4.87 | 4.97 | 5.17 | |
90.01 | 95.00 | 19 | 4.07 | 4.27 | 4.57 | 4.97 | 5.07 | 5.17 | 5.37 | |
95.01 | 100.00 | 20 | 5.40 | 5.40 | 5.40 | 5.40 | 5.40 | 5.40 | 5.40 |
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 |
Sec. 4 RCW 50.16.030 and 1999 c 36 s 1 are each amended to read
as follows:
(1)(a) Except as provided in (b) of this subsection, moneys shall
be requisitioned from this state's account in the unemployment trust
fund solely for the payment of benefits and repayment of loans from the
federal government to guarantee solvency of the unemployment
compensation fund in accordance with regulations prescribed by the
commissioner, except that money credited to this state's account
pursuant to section 903 of the social security act, as amended, shall
be used exclusively as provided in RCW 50.16.030(5). The commissioner
shall from time to time requisition from the unemployment trust fund
such amounts, not exceeding the amounts standing to its account
therein, as he or she deems necessary for the payment of benefits for
a reasonable future period. Upon receipt thereof the treasurer shall
deposit such moneys in the benefit account and shall issue his or her
warrants for the payment of benefits solely from such benefits account.
(b) Moneys for the payment of regular benefits as defined in RCW
50.22.010 shall be requisitioned in the following order:
(i) First, from the moneys credited to this state's account in the
unemployment trust fund pursuant to section 903 of the social security
act, as amended in section 209 of the temporary extended unemployment
compensation act of 2002 (42 U.S.C. Sec. 1103(d)), the amount equal to
the amount of benefits paid under RCW 50.20.120(4); and
(ii) Second, after the requisitioning required under (b)(i) of this
subsection, from all other moneys credited to this state's account in
the unemployment trust fund.
(2) Expenditures of such moneys in the benefit account and refunds
from the clearing account shall not be subject to any provisions of law
requiring specific appropriations or other formal release by state
officers of money in their custody, and RCW 43.01.050, as amended,
shall not apply. All warrants issued by the treasurer for the payment
of benefits and refunds shall bear the signature of the treasurer and
the countersignature of the commissioner, or his or her duly authorized
agent for that purpose.
(3) Any balance of moneys requisitioned from the unemployment trust
fund which remains unclaimed or unpaid in the benefit account after the
expiration of the period for which sums were requisitioned shall either
be deducted from estimates for, and may be utilized for the payment of,
benefits during succeeding periods, or in the discretion of the
commissioner, shall be redeposited with the secretary of the treasury
of the United States of America to the credit of this state's account
in the unemployment trust fund.
(4) Money credited to the account of this state in the unemployment
trust fund by the secretary of the treasury of the United States of
America pursuant to section 903 of the social security act, as amended,
may be requisitioned and used for the payment of expenses incurred for
the administration of this title pursuant to a specific appropriation
by the legislature, provided that the expenses are incurred and the
money is requisitioned after the enactment of an appropriation law
which:
(a) Specifies the purposes for which such money is appropriated and
the amounts appropriated therefor;
(b) Limits the period within which such money may be obligated to
a period ending not more than two years after the date of the enactment
of the appropriation law; and
(c) Limits the amount which may be obligated during a twelve-month
period beginning on July 1st and ending on the next June 30th to an
amount which does not exceed the amount by which (i) the aggregate of
the amounts credited to the account of this state pursuant to section
903 of the social security act, as amended, during the same twelve-month period and the thirty-four preceding twelve-month periods,
exceeds (ii) the aggregate of the amounts obligated pursuant to RCW
50.16.030 (4), (5) and (6) and charged against the amounts credited to
the account of this state during any of such thirty-five twelve-month
periods. For the purposes of RCW 50.16.030 (4), (5) and (6), amounts
obligated during any such twelve-month period shall be charged against
equivalent amounts which were first credited and which are not already
so charged; except that no amount obligated for administration during
any such twelve-month period may be charged against any amount credited
during such a twelve-month period earlier than the thirty-fourth
twelve-month period preceding such period: PROVIDED, That any amount
credited to this state's account under section 903 of the social
security act, as amended, which has been appropriated for expenses of
administration, whether or not withdrawn from the trust fund shall be
excluded from the unemployment compensation fund balance for the
purpose of experience rating credit determination.
(5) Money credited to the account of this state pursuant to section
903 of the social security act, as amended, may not be withdrawn or
used except for the payment of benefits and for the payment of expenses
of administration and of public employment offices pursuant to RCW
50.16.030 (4), (5) and (6). However, moneys credited because of excess
amounts in federal accounts in federal fiscal years 1999, 2000, and
2001 shall be used solely for the administration of the unemployment
compensation program and are not subject to appropriation by the
legislature for any other purpose.
(6) Money requisitioned as provided in RCW 50.16.030 (4), (5) and
(6) for the payment of expenses of administration shall be deposited in
the unemployment compensation fund, but until expended, shall remain a
part of the unemployment compensation fund. The commissioner shall
maintain a separate record of the deposit, obligation, expenditure and
return of funds so deposited. Any money so deposited which either will
not be obligated within the period specified by the appropriation law
or remains unobligated at the end of the period, and any money which
has been obligated within the period but will not be expended, shall be
returned promptly to the account of this state in the unemployment
trust fund.
NEW SECTION. Sec. 5 To establish additional capacity within the
employment security department, the department is authorized to add two
full-time equivalent employees to develop economic models for
estimating the impacts of policy changes on the unemployment insurance
system and the unemployment trust fund.
NEW SECTION. Sec. 6 (1) The legislature finds that the main
purpose of unemployment insurance is to cushion temporary,
unanticipated periods of unemployment and is not intended to be a wage
supplement for those who are chronically or routinely unemployed
because they work in industries with relatively high expected
unemployment periods. The legislature further finds that unemployment
benefits provided to workers whose unemployment is routine or seasonal
is placing significant burdens on the unemployment insurance system and
is causing inequity in the distribution of unemployment taxes.
Therefore, it is the intent of the legislature to establish a joint
legislative task force on seasonal unemployment benefits to review the
impact of routine or seasonal benefits to the unemployment insurance
system and implications to employers in seasonal industries.
(2)(a) The joint legislative task force on unemployment insurance
seasonal unemployment benefits is established. The joint legislative
task force shall consist of the following members:
(i) Two members of the senate, appointed by the president of the
senate, one of whom shall be a member of the majority caucus and one of
whom shall be a member of the minority caucus;
(ii) Two members of the house of representatives, appointed by the
speaker of the house of representatives, one of whom shall be a member
of the majority caucus and one of whom shall be a member of the
minority caucus;
(iii) Four members representing business, selected from nominations
submitted by statewide business organizations representing a cross-section of industries and appointed jointly by the president of the
senate and the speaker of the house of representatives; and
(iv) Four members representing labor, selected from nominations
submitted by statewide labor organizations representing a cross-section
of industries and appointed jointly by the president of the senate and
the speaker of the house of representatives.
(b) In addition, the employment security department shall cooperate
with the task force and maintain a liaison representative, who shall be
a nonvoting member. The department shall cooperate with the task force
and provide information as the task force may reasonably request.
(3) The task force shall review the unemployment insurance benefit
and tax structure to:
(a) Determine the impacts of claimants whose use of the
unemployment system is considered routine or chronic;
(b) Analyze the effect of providing full-time benefits to routine
or chronic unemployment insurance claimants on employer experience
rates and the resulting tax implications; and
(c) Make recommendations to the legislature regarding alternative
methods to address the impact of chronic and routine claimants on the
unemployment insurance system and the employers who employ them.
(4)(a) The task force shall use legislative facilities, and staff
support shall be provided by senate committee services and the house of
representatives office of program research. The task force may hire
additional staff with specific technical expertise if such expertise is
necessary to carry out the mandates of this study.
(b) Legislative members of the task force shall be reimbursed for
travel expenses in accordance with RCW 44.04.120. Nonlegislative
members, except those representing an employer or organization, are
entitled to be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(c) The expenses of the task force shall be paid jointly by the
senate and the house of representatives.
(5) The task force shall report its findings and recommendations to
the legislature by January 1, 2006.
(6) This section expires July 1, 2006.
NEW SECTION. Sec. 7 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. 8 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."
EHB 2255 -
By Senator Parlette
NOT ADOPTED 04/15/2005
On page 1, line 2 of the title, after "system;" strike the remainder of the title and insert "amending RCW 50.20.120, 50.29.021, 50.29.025, and 50.16.030; creating new sections; providing an expiration date; and declaring an emergency."