Bill Text: MI HB6496 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Employment security; benefits; computation and charging of unemployment benefits; modify for continuing employer. Amends 1936 (Ex Sess) PA 1 (MCL 421.1 - 421.75) by adding sec. 27c.

Spectrum: Slight Partisan Bill (Republican 14-5)

Status: (Introduced - Dead) 2010-10-06 - Printed Bill Filed 09/30/2010 [HB6496 Detail]

Download: Michigan-2009-HB6496-Introduced.html

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HOUSE BILL No. 6496

 

September 29, 2010, Introduced by Reps. Haveman, Young, McMillin, Daley, Slezak, Bolger, Roy Schmidt, Walsh, Wayne Schmidt, Agema, Amash, Hansen, Huckleberry, Proos, Meekhof, Kurtz, Meltzer, Denby and Espinoza and referred to the Committee on Labor.

 

     A bill to amend 1936 (Ex Sess) PA 1, entitled

 

"Michigan employment security act,"

 

(MCL 421.1 to 421.75) by adding section 27c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec 27c. (1) If the base period of a claim includes multiple

 

employers, an employer that continues to employ the claimant after

 

a claim has been filed may file a request for redetermination with

 

the agency as provided in this section. The request for

 

redetermination shall be filed within 30 calendar days after the

 

date of mailing of the initial notice of the monetary determination

 

and shall include the continuing employer's affirmation of all of

 

the following:

 

     (a) That the employer has continued to employ the claimant

 

since the end of the base period.

 

     (b) That each week in the benefit year, except for reductions

 

due to employee-requested unpaid leave days, the employer will pay

 

the employee an amount equal to or greater than the average weekly

 

wage the employer paid the claimant for all of the weeks that the

 

employer employed the claimant in the base period.

 

     (c) That the employer will notify the agency within 10

 

calendar days after the end of a claimed week in which the employer

 

no longer meets 1 or both of the requirements of subdivisions (a)

 

and (b) during the claimant's benefit year.

 

     (2) Within 15 calendar days after receiving a request for

 

redetermination that complies with subsection (1), the agency shall

 

redetermine the weekly benefit amount and number of weeks that

 

benefits are payable and send the employer written notice of the

 

redetermination. Notwithstanding conflicting requirements in other

 

provisions of this act, all of the following apply to a

 

redetermination under this section:

 

     (a) The wages paid by the continuing employer during the base

 

period shall be excluded.

 

     (b) The benefits payable shall be allocated among, and charged

 

to, the remaining employers in the base period.

 

     (c) The wages used to determine qualification for benefits in

 

the original monetary determination shall continue to be used for

 

benefit qualification purposes.

 

     (d) No reduction shall be made in a claimant's benefits under

 

section 27(c)(2) for wages paid by an employer that is not

 

chargeable for benefits because of the redetermination.

 

     (e) The limitation on weekly benefits under section 27(c)(3)

 

shall be calculated excluding wages paid by an employer that is not

 

chargeable for benefits because of the redetermination.

 

     (3) If an employer that obtains a redetermination under this

 

section does not meet the requirements in subsection (1)(a) and (b)

 

for a claimed week under that redetermination, the agency shall

 

reinstate the original monetary determination as to weekly benefit

 

amount, number of weeks payable, and allocation of charges for all

 

subsequent weeks in the benefit year.