Bill Text - SB144 (2009)

Allowing the unemployment compensation trust fund to be charged for benefits paid for certain employee terminations.

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Revision: July 16, 2009, midnight

03/11/09 0384s

04/01/09 1088s

04/01/09 1162s

06May2009… 1429h

03Jun2009… 1730h

06/24/09 2342eba

2009 SESSION

09-0956

08/09

SENATE BILL 144-FN

COMMITTEE: Commerce, Labor and Consumer Protection

ANALYSIS

This bill allows the unemployment compensation trust fund to be charged for benefits paid for certain employee terminations.

This bill is a request of the department of employment security.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/09 0384s

04/01/09 1088s

04/01/09 1162s

06May2009… 1429h

03Jun2009… 1730h

06/24/09 2342eba

09-0956

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

Be it Enacted by the Senate and House of Representatives in General Court convened:

219:1 Unemployment Benefit Eligibility. Amend RSA 282-A:32, I(a)(2)-(3) to read as follows:

(2) An individual terminates employment in good faith to accept better full-time employment, which is to begin within a reasonable period, and subsequently becomes unemployed from such employment due to unavailability of work before earning the requalifying wages set forth in this section. Notwithstanding any other provision of this chapter, such subsequent employer shall be deemed to be that individual's most recent employer; [or]

(3) [The leaving of employment was necessary to protect the individual from domestic abuse, as defined in RSA 173-B:1 and in accordance with rules adopted by the commissioner, and the individual made all reasonable efforts to preserve the employment, and in addition:

(A) The individual relocated to escape the abuse; or

(B) The individual, due to changed circumstances, is able to return to the individual's employment, but the employer is unable to return the individual to the individual's job, or to comparable work, due solely to:

(i) A reduction in work force; or

(ii) Other economic conditions, and the individual did all things that a reasonably prudent person would have done to continue the employer-employee relationship or the possibility of reemployment during the period the individual was unable to work due to the domestic abuse;] The individual reasonably believes that separation from employment is necessary to protect himself or herself or any member of his or her immediate family from domestic abuse, as defined in RSA 173-B:1. The existence of domestic abuse shall be verified by the department, through reasonable documentation, and the department shall keep such information confidential;

(4) The individual is separated from employment because he or she has become unable to perform some or all of his or her job duties due to pregnancy or to an illness or injury that is not work-related, provided that a physician has attested to the individual’s inability to perform work duties in a written notice. Nothing in this section shall relieve an employer of the duty to provide reasonable accommodation as that term is defined by state or federal law;

(5) The leaving of employment was necessary to allow the individual to accompany his or her spouse to a place from which it is impractical for the individual to commute due to a change in location of the spouse's employment; or

(6) The leaving of employment was due to the illness or disability of a member of the individual's immediate family as those terms are defined by the Secretary of the United States Department of Labor.

219:2 Unemployment Compensation Trust Fund. RSA 282-A:75 is repealed and reenacted to read as follows:

282-A:75 Fund Chargeable. In assigning the charges for benefits to the account of the most recent employer under this subdivision, no benefits shall be charged to the account of an individual employer but shall be charged by the commissioner against the fund where:

I. Benefits are paid and are not chargeable against any employer's account in accordance with the provisions of RSA 282-A:42 and RSA 282-A:44-52;

II. Benefits are paid to a claimant solely through error or inadvertence of the commissioner or his or her authorized representative as provided in RSA 282-A:165;

III. Benefits are paid to an individual by reason of RSA 282-A:31, III;

IV. Benefits are paid to an individual by reason of RSA 282-A:32, I(a)(3); or

V. Benefits are paid to an individual by reason of RSA 282-A:32, I(a)(4).

219:3 Unemployment Compensation Trust Fund; Fund Chargeable; Effective January 1, 2010. RSA 282-A:75 is repealed and reenacted to read as follows:

282-A:75 Fund Chargeable. In assigning the charges for benefits to the account of the most recent employer under this subdivision, no benefits shall be charged to the account of an individual employer but shall be charged by the commissioner against the fund where:

I. Benefits are paid and are not chargeable against any employer's account in accordance with the provisions of RSA 282-A:42 and RSA 282-A:44-52;

II. Benefits are paid to a claimant as provided in RSA 282-A:165, II;

III. Benefits are paid to an individual by reason of RSA 282-A:31, III;

IV. Benefits are paid to an individual by reason of RSA 282-A:32, I(a)(3); or

V. Benefits are paid to an individual by reason of RSA 282-A:32, I(a)(4).

219:4 Contingency. If SB 89-FN of the 2009 legislative session becomes law, section 3 of this act shall take effect on January 1, 2010 and section 2 of SB 89-FN shall not take effect. If SB 89-FN does not become law, section 3 of this act shall not take effect.

219:5 Effective Date.

I. Section 3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect 60 days after its passage.

Approved: July 15, 2009

Effective Date: I. Section 3 shall take effect as provided in section 4.

II. Remainder shall take effect September 13, 2009.