CHAPTER 130
HB 1588 – FINAL VERSION
2006 SESSION
08/01
HOUSE BILL 1588
AN ACT relative to unemployment compensation requirements for governmental and non-profit employers.
SPONSORS: Rep. Bishop, Rock 2; Rep. Infantine, Hills 13; Sen. Barnes, Dist 17
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill makes various changes to the unemployment compensation requirements for governmental and non-profit employers.
This bill was requested by the department of employment security.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2999
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to unemployment compensation requirements for governmental and non-profit employers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
130:1 Most Recent Employer. Amend RSA 282-A:12 to read as follows:
282-A:12 Most Recent Employer. “Most recent employer” means the last employer prior to the effective date of the initial claim with whom an individual’s work record exceeded 4 consecutive weeks of employment [or exceeded 9 weeks of employment in the immediately preceding 13 week period] while such individual received no benefits under RSA 282-A.
130:2 Total and Partial Unemployment. Amend RSA 282-A:14, III to read as follows:
III.(a) For the purposes of paragraphs I and II, the term “wages” shall include compensation for temporary partial disability under the workers’ compensation law of any state or under a similar law of the United States, payments in lieu of notice, a sickness or separation allowance, payment of accrued leave or sums of whatever type or nature, except those specifically excluded elsewhere in this subparagraph, payments upon discharge from military service from either the state or federal government, or both, and earnings from self-employment. “Wages” shall not mean and shall not include payments from a supplemental unemployment plan as defined in RSA 282-A:3-a or any portion of a lump sum payment for workers’ compensation made pursuant to RSA 281-A:37. Wages or earnings or both shall be deemed to have been received for such week or weeks as the commissioner may find can be reasonably said to apply. The application of longevity, stay, retention, attendance, and similar payments commencing with a period of one or more weeks of partial or total unemployment shall be presumed reasonable if such payment was received 90 or fewer days prior to the commencement of such period. An individual’s maximum weekly benefit amount shall be reduced by all wages and earnings in excess of 30 percent, rounded to the nearest dollar, of the individual’s weekly benefit amount. Wages shall not include any payment made to an individual by reason of the individual’s permanent separation from employment, for reasons other than retirement, under a prior existing plan maintained by employer contributions vested in the individual before the date of separation.
(b) The employing unit shall be liable to make restitution to the unemployment compensation fund in full for any and all unemployment benefits paid to an employee for a period covered by or reasonably deemed to be included in any arbitration [or] award, back pay award, settlement agreement, or jury verdict.
130:3 Disqualifications for Benefits. Amend the introductory paragraph of RSA 282-A:32 to read as follows:
282-A:32 Disqualifications for Benefits. In this section, “date” as used in “subsequent to the date” means the last calendar day on which the individual performed services for the employer. An individual shall be disqualified for benefits:
130:4 Gross Misconduct. Amend RSA 282-A:35 to read as follows:
282-A:35 [Felony; Dishonesty] Gross Misconduct. An unemployed individual who has been discharged for arson, sabotage, felony, assault which causes bodily injury, criminal threatening, or dishonesty connected with his or her work, shall suffer the loss of all wage credits earned prior to the date of such dismissal.
130:5 Payment of Contributions by State. Amend RSA 282-A:70, I to read as follows:
I. In lieu of contributions required of other employers subject to this chapter, the state shall pay into the unemployment compensation fund an amount equivalent to the amount of benefits, including extended benefits, paid to claimants who during the applicable period were paid wages by this state. If a claimant during such base period was employed by this state and by other employers subject to the provisions of this chapter, the amount to be paid into the unemployment compensation fund by this state with respect to such claimant shall be [the amount of benefits received by the claimant which are in addition to such amount as the claimant was entitled to receive on the basis of the wages paid by such other employers] prorated pursuant to RSA 282-A:72.
130:6 Payment of Contributions by County, City, Town or other Political Subdivision of This State. Amend RSA 282-A:71, I to read as follows:
I. A county, city, town or other political subdivision which becomes an employer under this act shall pay into the unemployment compensation fund an amount equivalent to the amount of benefits paid to claimants who during the applicable base period were paid wages by such county, city, town or other political subdivision. If a claimant during such base period was employed by both such county, city, town or other political subdivision and other employers subject to the provisions of this chapter, the amount to be paid into the fund by such county, city, town or other political subdivision with respect to such claimant shall be [an amount equal to the amount of benefits paid to such claimant in addition to such amount as the claimant was entitled to receive on the basis of the wages paid to such claimant by such other employers] prorated pursuant to RSA 282-A:72. The amount of payments required under this subdivision to be made into the fund shall be ascertained by the commissioner of the department of employment security as soon as practicable after the end of each calendar month. The payments by such county, city, town or other political subdivision into the fund shall be made at such times and in such manner as the commissioner of the department of employment security may determine and prescribe. A county, city, town or other political subdivision shall maintain a record of the social security account numbers of its employees.
130:7 Proration of Payments. RSA 282-A:72 is repealed and reenacted to read as follows:
282-A:72 Proration of Reimburser Charges. If the base period wages of an individual include wages from one or more reimbursing employers and one or more additional employers, reimburser or taxpayer, benefits paid to such individual shall be charged to any such reimbursing employer in the same proportion as the wages from such reimbursing employers bears to the total amount of all wages in the individual’s base period. Any benefits not charged to a reimbursing employer shall be charged to the most recent employer or as otherwise required by RSA 282-A.
130:8 Separate Accounts; Chargeable Account. Amend RSA 282-A:74, II to read as follows:
II. Benefits paid to an eligible individual shall be charged against the account of the claimant’s most recent employer, including ½ of such benefits as are paid to an individual under RSA 282-A:30, except whenever benefits are paid and a chargeable employer under this paragraph has not been established following a determination that an individual [was] previously disqualified under RSA 282-A:32 [the employer furnishing the employment described in RSA 282-A:32, I, shall be charged with all benefits paid], but now eligible due to having earned wages in employment as required by RSA 282-A:32, I, the fund shall be chargeable.
130:9 More Than One Employer Simultaneously. Amend RSA 282-A:78 to read as follows:
282-A:78 More Than One Employer Simultaneously. The commissioner shall prescribe the manner in which benefits shall be charged against the accounts of several employers for whom an individual performed employment at the same time. “Performed employment” for purposes of this section shall include the receipt of wages or earnings found to apply to such time period pursuant to RSA 282-A:14, III(a).
130:10 Minimum Rate. Amend RSA 282-A:82, VI to read as follows:
VI. The provisions of this section shall be cumulative. The minimum contribution rate under this section shall be not less than [.01] .10 percent.
130:11 Employer Liability Determination. Amend RSA 282-A:94 to read as follows:
282-A:94 Employer Liability Determination. The commissioner of the department of employment security or his authorized representative shall make an initial determination on all questions relating to the liability of employing units or employers or both, including the amount of contributions, the rate at which contributions shall be paid and successorship. A copy of the initial determination shall be sent by [registered mail] certified mail, return receipt requested, or first class mail, whichever the commissioner determines to be most appropriate, to the last address, according to the records of the department, of each employing unit or employer affected thereby.
130:12 Effective Date.
I. Section 11 of this act shall take effect July 1, 2006.
II. The remainder of this act shall take effect January 1, 2007.
Approved: May 19, 2006
Effective: I. Section 11 shall take effect July 1, 2006.
II. Remainder shall take effect January 1, 2007