Bill Text: CT SB00934 | 2011 | General Assembly | Comm Sub


Bill Title: An Act Concerning The Reasonable Assurance Doctrine Under The Unemployment Compensation Act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-06 - Favorable Report, Tabled for the Calendar, Senate [SB00934 Detail]

Download: Connecticut-2011-SB00934-Comm_Sub.html

General Assembly

 

Substitute Bill No. 934

    January Session, 2011

 

*_____SB00934HED___040611____*

AN ACT CONCERNING THE REASONABLE ASSURANCE DOCTRINE UNDER THE UNEMPLOYMENT COMPENSATION ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 31-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(d) Benefits based on service in employment defined in subdivisions (1) (C) and (D) of subsection (a) of section 31-222 shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this chapter; except that:

(1) [with] With respect to weeks of unemployment beginning after December 31, 1977, benefits shall not be paid based on service performed in an instructional, research or principal administrative capacity for an educational institution for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or a 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 provided, however, that to constitute a reasonable assurance of continued employment there must be evidence that the employer actually communicated, either in writing or verbally, to the employee an offer or assignment for the following academic year or term;

(2) [with] With respect to weeks of unemployment beginning after October 29, 1983, for service performed in any other capacity for an educational institution, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms 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, except that if benefits are denied to any individual under this subdivision and such individual is not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be 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 subdivision;

(3) [with] With respect to weeks of unemployment beginning after March 31, 1984, for services described in subdivisions (1) and (2) of this subsection, benefits shall not be payable on the basis of such services to any individual for any week 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; and

(4) [with] With respect to weeks of unemployment beginning after March 31, 1984, for services described in subdivisions (1) and (2) of this subsection, benefits shall not be payable on the basis of such services under the circumstances prescribed in subdivisions (1), (2) and (3) of this subsection to any individual who performed such services in an educational institution while in the employ of an educational service agency. For purposes of this subdivision the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2011

31-227(d)

LAB

Joint Favorable Subst.

 

HED

Joint Favorable

 
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