Bill Text: MI SB1005 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Employment security; claimants; nonmonetary eligibility and qualification for benefits; modify. Amends sec. 32 of 1936 (Ex Sess) PA 1 (MCL 421.32).
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2020-06-25 - Referred To Committee On Economic And Small Business Development [SB1005 Detail]
Download: Michigan-2019-SB1005-Introduced.html
SENATE BILL NO. 1005
June 25, 2020, Introduced by Senators
ALEXANDER, HOLLIER, BRINKS, POLEHANKI, GEISS, MOSS, IRWIN, BAYER, CHANG,
MCCANN, MCMORROW, WOJNO, ANANICH and SANTANA and referred to the Committee
on Economic and Small Business Development.
A bill to amend 1936 (Ex Sess) PA 1,
entitled
"Michigan employment security act,"
by amending section 32 (MCL 421.32), as amended by 2016 PA 522.
the people of the state of michigan enact:
Sec. 32. (a) Claims for benefits shall be made
pursuant to regulations prescribed by the unemployment agency. The unemployment
agency shall designate representatives who shall promptly examine claims and
make a determination on the facts. The unemployment agency may establish rules
providing for the examination of claims, the determination of the validity of
the claims, and the amount and duration of benefits to be paid. The claimant
and other interested parties shall be promptly notified of the determination
and the reasons for the determination.
(b) The unemployment
agency shall mail to the claimant, to each base period employer or employing
unit, and to the separating employer or employing unit, a monetary
determination. The monetary determination shall notify each of these employers
or employing units that the claimant has filed an application for benefits and
the amount the claimant reported as earned with the separating employer or
employing unit, and shall state the name of each employer or employing unit in
the base period and the name of the separating employer or employing unit. The
monetary determination shall also state the claimant's weekly benefit rate, the
amount of base period wages paid by each base period employer, the maximum
benefit amount that could be charged to each employer's account or experience
account, and the reason for separation reported by the claimant. The monetary
determination shall also state whether the claimant is monetarily eligible to
receive unemployment benefits. Except for separations under section 29(1)(a),
no further reconsideration of a separation from any base period employer will
be made unless the base period employer notifies the unemployment agency of a
possible disqualifying separation within 30 days of the separation in
accordance with this subsection. Charges to the employer and payments to the
claimant shall be as described in section 20(a). New, additional, or corrected
information received by the unemployment agency more than 10 days after mailing
the monetary determination shall be considered a request for reconsideration by
the employer of the monetary determination and shall be reviewed as provided in
section 32a.
(c) For the purpose of
determining a claimant's nonmonetary eligibility and qualification for
benefits, if the claimant's most recent base period or benefit year separation
was for a reason other than the lack of work, then a determination shall be
issued concerning that separation to the claimant and to the separating employer.
If a claimant is not disqualified based on his or her most recent separation
from employment and has satisfied the requirements of section 29, the
unemployment agency shall issue a nonmonetary determination as to that
separation only. If a claimant is not disqualified based on his or her most
recent separation from employment and has not satisfied the requirements of
section 29, the unemployment agency shall issue 1 or more nonmonetary
determinations necessary to establish the claimant's qualification for benefits
based on any prior separation in inverse chronological order. The unemployment agency shall
consider all base period separations involving disqualifications under section
29(1)(h), (i), (j), (k), (m), or (n) in determining a claimant's nonmonetary
eligibility and qualification for benefits. An employer may
designate in writing to the unemployment agency an individual or another
employer or an employing unit to receive any notice required to be given by the
unemployment agency to that employer or to represent that employer in any
proceeding before the unemployment agency as provided in section 31.
(d) If the unemployment
agency requests additional monetary or nonmonetary information from an employer
or employing unit and the unemployment agency fails to receive a written
response from the employer or employing unit within 10 calendar days after the
date of mailing the request for information, the unemployment agency shall make
a determination based upon the available information at the time the determination
is made. Charges to the employer and payments to the claimant shall be as
described in section 20(a).
(e) The claimant or
interested party may file an application with an office of the unemployment
agency for a redetermination in accordance with section 32a.
(f) The issuance of each
benefit check shall be considered a determination by the unemployment agency
that the claimant receiving the check was covered during the compensable
period, and eligible and qualified for benefits. A chargeable employer, upon
receipt of a listing of the check as provided in section 21(a), may protest by
requesting a redetermination of the claimant's eligibility or qualification as
to that period and a determination as to later weeks and benefits still unpaid
that are affected by the protest. Upon receipt of the protest or request, the
unemployment agency shall investigate and redetermine whether the claimant is
eligible and qualified as to that period. If, upon the redetermination, the
claimant is found ineligible or not qualified, the unemployment agency shall
proceed as described in section 62. In addition, the unemployment agency shall
investigate and determine whether the claimant obtained benefits for 1 or more
preceding weeks within the series of consecutive weeks that includes the week
covered by the redetermination and, if so, shall proceed as described in
section 62 as to those weeks.
(g) If a claimant
commences to file continued claims through a different state claim office in
this state or elsewhere, the unemployment agency promptly shall issue written
notice of that fact to the chargeable employer.
(h) If a claimant refuses
an offer of work, or fails to apply for work of which the claimant has been
notified, as provided in section 29(1)(c) or (e), the unemployment agency shall
promptly make a written determination as to whether or not the refusal or
failure requires disqualification under section 29. Notice of the
determination, specifying the name and address of the employing unit offering
or giving notice of the work and of the chargeable employer, shall be sent to
the claimant, the employing unit offering or giving notice of the work, and the
chargeable employer.
(i) The unemployment
agency shall issue a notification to the claimant of claimant rights and responsibilities
within 2 weeks after the initial benefit payment on a claim and 6 months after
the initial benefit payment on the claim. If the claimant selected a preferred
form of communication, the notification must be conveyed by that form. Issuing
the notification must not delay or interfere with the claimant's benefit
payment. The notification must contain clear and understandable information
pertaining to all of the following:
(i) Determinations as provided in section 62.
(ii) Penalties and
other sanctions as provided in this act.
(iii) Legal right to
protest the determination and the right to appeal through the administrative
hearing system.
(iv) Other information
needed to understand and comply with agency rules and regulations not specified
in this section.