HB468INTRODUCED
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HB468
B8G74QJ-1
By Representatives Oliver, DuBose (N & P)
RFD: Commerce and Small Business
First Read: 18-Apr-24
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5 B8G74QJ-1 04/16/2024 ANS (L)cr 2024-757
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First Read: 18-Apr-24
SYNOPSIS:
Under existing law, an unemployed individual
must make a reasonable and active effort to secure work
for which he or she is qualified to be eligible to
receive unemployment benefits. Reasonable and active
effort includes contacting at least three prospective
employers for each week of unemployment claimed.
This bill would increase the number of
prospective employers an unemployed individual must
contact for each week of unemployment claimed.
Also under existing law, an individual may be
disqualified for total or partial unemployment benefits
if the individual fails to apply for or accept
available suitable work.
This bill would provide for the meaning of
"failure to seek or accept suitable work."
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
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Relating to unemployment compensation; to amend
Sections 25-4-77 and 25-4-78, Code of Alabama 1975, to
increase the number of prospective employers an unemployed
individual must contact to remain eligible for unemployment
compensation; to define terms; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 25-4-77 and 25-4-78, Code of
Alabama 1975, are amended to read as follows:
"§25-4-77
(a) An unemployed individual shall be eligible to
receive benefits with respect to any week in a benefit year
which begins on or after January 1, 2023, only if the
secretary finds that he or she has met all of the following
criteria:
(1) Made a claim for benefits with respect to the week
in accordance with rules adopted by the secretary.
(2) Registered for work at, and subsequently continued
to report at, a state employment office in accordance with
rules adopted by the secretary as he or she may prescribe;
except, that the secretary may by rule waive or alter either
or both of the requirements of this subdivision as to
individuals attached to regular jobs and as to such other
types of cases or situations with respect to which he or she
finds that compliance with such requirements would be
oppressive or would be inconsistent with purposes of this
chapter.
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chapter.
(3) Is physically and mentally able to perform work of
a character which he or she is qualified to perform by past
experience or training, and is available for the work either
at a locality at which he or she earned wages for insured work
during his or her base period or at a locality where it may
reasonably be expected that the work may be available.
(4) Been totally or partially unemployed in the week.
(5) Made a reasonable and active effort to secure work
which he or she is qualified to perform by past experience and
training, unless the failure is because the individual is
before any court of the United States or any state pursuant to
a lawfully issued summons to appear for jury duty. "Reasonable
and active effort" means engaging in systematic and sustained
efforts to find work, including contacting at least threefive
prospective employers for each week of unemployment claimed.
The department shall require the claimant to provide proof of
work search efforts when filing his or her weekly
certification. A claimant's subsequent proof of work search
efforts may not include the same prospective employer, unless
the employer has indicated since the time of the initial
contact that the employer is hiring. The department shall
conduct random reviews of at least five percent of the work
search proof provided by claimants each week. The Governor by
executive order may suspend the work search requirement during
a state of emergency to the extent permissible by federal law.
For the purposes of this subdivision, the entitlement to
regular or extended benefits of any individual who is
determined not to be actively engaged in seeking work during
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determined not to be actively engaged in seeking work during
any week because of jury duty, shall be determined pursuant to
the provisions of subdivision (3) without regard to the
disqualification provisions otherwise applicable under Section
25-4-75(i)(1)b. and Section 25-4-75(i)(2). The term "jury
duty" as used in this subdivision means the performance of
service as a juror, during all periods of time an individual
is engaged in service as a juror, in any court of a state or
the United States pursuant to the law of the state or the
United States and the rules of the court in which the
individual is engaged in the performance of service as a
juror.
(6) During his or her base period, been paid wages for
insured work equal to or exceeding one and one-half times the
total of the wages for insured work paid to him or her in that
quarter of the base period in which the total wages were the
highest and in addition, qualifies for benefits under the
provisions of Section 25-4-72; provided, however, that no
otherwise eligible individual who has received benefits in a
preceding benefit year shall be eligible to receive benefits
in a succeeding benefit year unless and until the otherwise
eligible individual, subsequent to the beginning date of the
preceding benefit year, has worked in insured employment for
which work he or she earned wages equal to at least eight
times the weekly benefit amount established for the individual
in the preceding benefit year.
(7) Pursuant to Section 4 of Public Law 103-152, has
been selected and referred to reemployment services and
participates in reemployment services, such as job search
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participates in reemployment services, such as job search
assistance services, if the individual has been determined to
be likely to exhaust regular benefits and needs reemployment
services pursuant to a profiling system established by the
secretary, unless the secretary determines that the claimant
has completed reemployment services or there is justifiable
cause for his or her failure to participate in reemployment
services.
(b) Notwithstanding any of the provisions of
subdivision (a)(3), no otherwise eligible individual shall be
denied benefits for any week because he or she has met any of
the following criteria:
(1) Enrolled in a course of training with the approval
of the secretary. The approval of the secretary shall be
conditioned upon the following:
a. The individual's skills are obsolete or provide
minimal opportunities for employment.
b. Training is for an occupation for which there is a
substantial and recurring demand.
c. Training is not a course of education for credit
toward a degree.
d. The individual possesses aptitudes or skills that
can be supplemented by retraining within a reasonable time.
e. The individual produces satisfactory evidence of
continued attendance and satisfactory progress.
(2) Engaged in training approved by the secretary under
Section 236 (a)(1) of the Trade Act of 1974.
(3) Left work to enter training pursuant to subdivision
(2), provided that the work left is not suitable employment.
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(2), provided that the work left is not suitable employment.
For purposes of this subdivision, the term "suitable
employment" means with respect to an individual, work of a
substantially equal or higher skill level than the
individual's past adversely affected employment, as defined by
the Trade Act of 1974, and wages for such work at not less
than 80 percent of the individual's average weekly wage as
defined by the Trade Act of 1974.
(4) Become unavailable to work, failed to actively seek
work, or refused to accept work because he or she was in
training pursuant to subdivision (2).
(c) With respect to any week that begins prior to
January 1, 1989, an unemployed individual shall be eligible to
receive benefits as provided in this section prior to that
date.
(d) The provisions of subdivision (a)(5) shall be
applied only to any week that begins on or after January 1,
2023.
(e) The Department of Labor shall provide applicants
for unemployment with simple instructions on how to apply and
provide all required recurring certifications to continue to
receive benefits."
"§25-4-78
An individual shall be disqualified for total or
partial unemployment for under any of the following
circumstances:
(1) LABOR DISPUTE IN PLACE OF EMPLOYMENT. For anyAny
week in which an individual's total or partial unemployment is
directly due to a labor dispute still in active progress in
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directly due to a labor dispute still in active progress in
the establishment in which he or she is or was last employed.
For the purposes of this section only, the term "labor
dispute" includes any controversy concerning terms, tenure, or
conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of
employment, regardless of whether the disputants stand in the
proximate relation of employer and employee. This definition
shall not relate to a dispute between an individual worker and
his or her employer.
(2) VOLUNTARILY QUITTING WORK. If anAn individual has
left his or her most recent bona fide work voluntarily without
good cause connected with such work.
a.1. However, anAn individual shall not be disqualified
if he or she was forced to leave work because he or she was
sick or disabled, and notified his or her employer of the fact
sickness or disability as soon as it was reasonably
practicable so to do, and returned to that employer and
offered himself or herself for work as soon as he or she was
again able to work; provided, however, this .
2. exception Subparagraph 1. shall not apply if the
employer had an established leave of absence policy covering
sickness or disability and:
(i) The individual fails failed to comply with the
samepolicy as soon as it iswas reasonably practicable to do
so; or
(ii) Upon the expiration of a leave of absence ,shall
failthe individual failed to return to the employer and offer
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failthe individual failed to return to the employer and offer
himself or herself for work, if the individual shall then be
was able to work, or if he or she iswas not then able to work,
he or she fails to so failed to notify his or her employer of
that fact his or her inability to work and failed to request
an extension of his or her leave of absence as soon as it is
was reasonably practicable so to do.
2. In case of doubt that an individual was sick or
disabled, or as to the duration of any such sickness or
disability, the
3. The secretary may, or if the employer requests it,
the secretary shall , require a doctor's certificate to
establish the fact or facts in doubt sickness or disability of
the individual.
3.4. An established leave of absence policy shall be
any leave of absence policy covering sickness and disability
communicated to the employee by the customary means used by
the employer for communicating with his or her employees.
4.b. Nothing herein in this section shall be construed
or interpreted as authorizing the payment of benefits to any
individual during, or for, unemployment due to sickness or
disability or during any period in which he or she is on a
leave of absence granted in accordance with an established
leave of absence policy, the duration of which leave was set
in accordance with his or her request or in accordance with a
collective bargaining agreement ; except, that if such . If the
leave of absence is on account of due to pregnancy and extends
beyond the tenth week following termination of such the
pregnancy, the individual shall not be denied benefits under
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pregnancy, the individual shall not be denied benefits under
this subdivision beyond such the tenth week if she has given
the employer three weeks' notice of her desire to return to
work, is then able and ability to work, and has not refused
reinstatement to a job which under subdivision (5) would be
deemed suitable for her pursuant to subdivision (5) .
b. c.1. When an individual is disqualified under this
subdivision:,
1. Hehe or she shall not be entitled to benefits for
the week in which the disqualifying event occurs or for any
subsequent week thereafter until he or she has:
(i) He or she has reentered Reentered insured employment
or employment of the nature described in subdivisions (5),
(6), (7), (8), (9), (10), or (18) of subsection (b) of Section
25-4-10(b)(5) through (10) or Section 25-4-10(b)(18) ; and
(ii) For which employment he or she has earned Earned
wages equal to at least 10 times his or her weekly benefit
amount for the benefit year in which such the disqualification
is assessed; and
(iii) He or she has been separated Separated from such
the employment under nondisqualifying conditions.
2. The total amount of benefits to which an individual
may otherwise be entitled as determined in accordance with
Sections 25-4-74 and 25-4-75 shall be reduced by an amount
equal to not less than three nor more than nine times his or
her weekly benefit amount.
3. For the purpose purposes of the experience rating
provisions of Section 25-4-54, no portion of the benefits
payable to an individual, based upon wages paid to him or her
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payable to an individual, based upon wages paid to him or her
for the period of employment ending with the separation to
which the disqualification applies, shall be charged to the
employer's experience rating account. If the individual has
been separated from employment other than his or her most
recent bona fide work under conditions which would have been
disqualifying under this subdivision (2) had the separation
been from his or her most recent bona fide work and the
employer answers a notice of payment within 15 days after it
is mailed to him or her detailing the facts in connection with
the separation, then no portion of any benefits paid to him or
her based upon wages for the period of employment ending in
such the separation shall be charged to the employer's
experience rating account.
4. Any other provision of this chapter to the contrary
notwithstanding, effective October 21, 2013 Notwithstanding any
other provision of law , the unemployment compensation account
of an employer shall be charged when the unemployment
compensation agency determines that an overpayment has been
made to a claimant as a result of both of the following: (i)
The the overpayment occurred because the employer, or an agent
of the employer, failed to respond timely or adequately to a
request from the unemployment compensation agency for
information relating to an unemployment compensation claim .;
and
(ii) The employer, or an agent of the employer, has
established a pattern of failing to respond timely or
adequately to a request from the unemployment compensation
agency for information relating to an unemployment
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agency for information relating to an unemployment
compensation claim on two or more occasions.
c.d. An individual shall not be disqualified if he or
she left his or her employment and immediately returned to
work with his or her regular employer or to employment in
which he or she had prior existing statutory or contractual
seniority or recall rights. When this exception is applied,
any benefits paid to the individual based upon wages paid for
that the period of employment immediately preceding the
separation to which the exception is applied, which have not
been heretofore charged to the employer's experience rating
account, shall not be charged to the account of the employer.
d.e. For separation occurring on or after August 1,
2012, an individual shall not be disqualified if he or she
left his or her employment to permanently relocate as a result
of his or her active duty military-connected spouse's
permanent change of station orders, activation orders, or unit
deployment orders. When this exception is applied, any
benefits paid to the individual based upon wages paid for that
period of employment immediately preceding the separation to
which the exception is applied, which have not been heretofore
charged to the employer's experience rating account, shall not
be charged to the account of the employer.
e.f. For the purposes of this subdivision determining
the most recent bona fide work under this subdivision and
subdivision (3) of this section , the secretary in determining
the most recent bona fide work shall only consider employment
of the nature described in subsection (a) of Section
25-4-10(a). The secretary shall also consider the duration of
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25-4-10(a). The secretary shall also consider the duration of
the most recent job or jobs, the intent of the individual and
his or her employer as to the permanence of such the work, and
whether separation from the immediately preceding employment
was under conditions which would be disqualifying in the event
such the immediately preceding employment should be determined
to be the most recent bona fide work.
(3) DISCHARGE FOR MISCONDUCT.
a. If anAn individual was discharged or removed from
his or her work for a dishonest or criminal act committed in
connection with his or her work or for, sabotage or, an act
endangering the safety of others or for, the use of illegal
drugs after previous warning , or for the refusal to submit to
or cooperate with a blood or urine test after previous
warning. Disqualification under this paragraph may be applied
to separations prior to separation from the most recent bona
fide work only if the employer has filed a notice with the
secretary alleging that the separation was under conditions
described in this paragraph in such a manner and within such
the time as prescribed by the secretary may prescribe.
(i)1. A confirmed positive drug test that is conducted
and evaluated according to standards set forth for the conduct
and evaluation of such tests by the U.S. Department of
Transportation in 49 C.F.R. Part 40 or standards shown by the
employer to be otherwise reliable shall be a conclusive
presumption of impairment by illegal drugs.
(i) No unemployment compensation benefits shall be
allowed to an employee having a confirmed positive drug test
if the employee had been warned received a warning that such a
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if the employee had been warned received a warning that such a
positive test could result in dismissal pursuant to a
reasonable drug policy. A warning shall mean that the employee
has been advised in writing of the provisions of the
employer's drug policy and that either testing positive or the
refusal to submit to or cooperate with a blood or urine test
could result in termination of employment.
(ii) A drug policy shall be deemed reasonable if the
employer shows that all employees of the employer, regardless
of position or classification, are subject to testing under
the policy, and in those instances in which the employer
offers as the basis for disqualification from unemployment
compensation benefits the results obtained pursuant to
additional testing imposed on some but not all
classifications, if the employer can also offer some rational
basis for conducting such additional testing.
(iii) Further, noNo unemployment compensation benefits
shall be allowed if the employee refuses to submit to or
cooperate with a blood or urine test as set forth above , or if
the employee knowingly alters or adulterates the blood or
urine specimen.
(ii) For purposes of paragraph a. and item (i) of
paragraph a. of this subdivision, warning shall mean that the
employee has been advised in writing of the provisions of the
employer's drug policy and that either testing positive
pursuant to the standards referenced above or the refusal to
submit to or cooperate with a blood or urine test as set out
in the above referenced standards could result in termination
of employment. This written notification as herein described
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of employment. This written notification as herein described
shall constitute a warning as used in paragraph a. and item
(i) of paragraph a. of this subdivision.
(iii) To the extent that the issue is 2. If an employee
has a confirmed positive drug test or the refusal refuses to
submit to or cooperate with a blood or urine test, or if the
employee knowingly alters or adulterates the blood or urine
sample, as distinguished from some other aspect of the
employer's drug policy, this disqualification under paragraph
a. and item (i) of this paragraph a. shall be the only
disqualification to apply , in connection with an individual's
separation from employment. Other non-separation
disqualifications may apply.
3. When an individual is disqualified under this
paragraph:
1.(i) He or she shall not be entitled to benefits for
the week in which the disqualifying event occurs or for any
subsequent week thereafter until he or she has reentered
insured employment or employment of the nature described in
subdivisions (5), (6), (7), (8), (9), (10), or (18) of
subsection (b) of Section 25-4-10(b)(5) through (10) or
Section 25-4-10(b)(18) , has earned wages equal at least to 10
times his or her weekly benefit amount, andor has been
separated from such the employment for a nondisqualifying
reason.
2.(ii) He or she shall not thereafter be entitled to
any benefits under this chapter on account of wages paid to
him or her for the period of employment by the employer by
whom he or she was employed when the disqualifying event
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whom he or she was employed when the disqualifying event
occurred.
3.(iii) For the purposes of the experience rating
provisions of Section 25-4-54 :,
(i) Nono portion of any benefits based upon wages paid
to the individual for the period of employment by the employer
by whom he or she was employed when the disqualifying event
occurred shall be charged to the employer's experience rating
account.
(ii)(iv) In the case of a separation prior to the
separation from the most recent bona fide work, if the only
reason disqualification under this paragraph a. was not
assessed was the failure of the employer to properly file a
timely separation report with the secretary and the employer
files such a the report within 15 days after the mailing of a
notice of payment, then no portion of any benefits paid based
upon the wages paid for the period of employment ending in
such the prior separation shall be charged to the employer's
experience rating account.
b. If an individual was discharged from his or her most
recent bona fide work for actual or threatened misconduct
committed in connection with his or her work ,(for reasons
other than acts mentioned in paragraph a. of this
subdivision)those provided in paragraph a., repeated after
previous warning to the individual. When an individual is
disqualified under this paragraph, or exempt from
disqualification for a separation under such conditions prior
to his or her most recent bona fide work, the effect shall be
the same as provided in paragraph b. of subdivision (2)d. for
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the same as provided in paragraph b. of subdivision (2)d. for
disqualification or exemption from disqualification
respectively.
c. If an individual was discharged from his or her most
recent bona fide work for misconduct connected with his or her
work [other than acts mentioned for reasons other than those
provided in paragraphs a. and b. of this subdivision] :
1. He or she shall be disqualified from receipt of
benefits for the week in which he or she was discharged and
for not less than the following week nor more than the four
next following weeks, as determined by the secretary in each
case according to the seriousness of the conduct.
2. The total amount of benefits to which an individual
may otherwise be entitled as determined in accordance with
Sections 25-4-74 and 25-4-75 shall be reduced by an amount
equal to the product of the number of weeks for which an
individual shall be disqualified multiplied by his or her
weekly benefit amount.
3. Only one-half of the benefits paid to an individual
based upon wages for that period of employment immediately
preceding the separation to which the disqualification applies
shall be charged to the employer for the purposes of the
experience rating provisions of Section 25-4-54. If the
individual has been separated from employment, other than his
or her most recent bona fide work, under conditions which
would have been disqualifying under this paragraph, had the
separation been from his or her most recent bona fide work and
the employer answers a notice of payment within 15 days after
it is mailed to him or her detailing the facts in connection
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it is mailed to him or her detailing the facts in connection
with the separation, then only one-half of the benefits paid
to him or her for that period of employment immediately
preceding the separation shall be charged to the employer for
the purposes of the experience rating provisions of Section
25-4-54, unless the employer, or an agent of the employer,
failed to respond timely or adequately to written requests
pursuant to subparagraph (2)c.4. of paragraph b. of
subdivision (2).
d. If an individual has been suspended as a
disciplinary measure connected with his or her work, or for
misconduct connected with his or her work, he or she shall be
disqualified from benefits for the week or weeks (not to
exceed four weeks) in which, or for which, he or she is so
suspended and the total amount of benefits to which he or she
may otherwise be entitled shall be reduced in the same manner
and to the same extent as provided in subparagraph c.2. of
paragraph c. of this subdivision (3).
(4) REVOCATION OR SUSPENSION OF REQUIRED LICENSE, ETC.
For the a. Any week in which an individual has become
unemployed because a license, certificate, permit, bond,
surety, or insurability which is necessary for the performance
of his or her employment and which he or she is responsible to
maintain or supply has been revoked, suspended, or otherwise
become lost to him or her for a cause reason other than one
which would fall within the meaning of subdivision (3), but
onea reason which was within his or her power to control,
guard against, or prevent, and for each subsequent week
thereafter until:
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thereafter until:
a. The the license, certificate, permit, bond, or
surety, or insurability, has been restored to him or her and
he or she has reapplied to his or her employer for
employment;, or
b. Hehe or she has reentered insured employment or
employment of the nature described in subdivisions (5), (6),
(7), (8), (9), (10), or (18) of subsection (b) of Section
25-4-10(b)(5) through (10) or Section 25-4-10(b)(18) ,
whichever is the earlier.
c.b. Nothing in this subdivision shall be construed as
a basis for disqualification of an individual who is without
fault and who has made a reasonable effort to obtain his or
her initial license, certificate, permit, bond, surety, or
insurability required for the performance of assigned duties.
(5) FAILURE TO ACCEPT AVAILABLE SUITABLE WORK, ETC. If
ana. An individual fails, without good cause, either to apply
for or to accept available suitable work or to return to his
or her customary self-employment when so directed by the
secretary or when an individual is notified of suitable work
or it is offered him or her through a state employment office
or the United States Employment Service, or directly or by
written notice or offer to any such employment office or
employment service by an employer by whom the individual was
formerly employed. Such The disqualification shall be for a
period of not less than one nor more than five weeks from the
date of failure.
b. This disqualification Disqualification under
paragraph a. shall not apply unless the individual has an
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paragraph a. shall not apply unless the individual has an
established benefit year, or is seeking to establish one or is
seeking extended benefits at the time he or she fails without
good cause, to do any of the acts set out in this subdivision.
a.c. In determining whether or not any work is suitable
for an individual, the secretary shall consider:
1. The degree of risk involved to his or her health,
safety, and morals, his or her physical fitness, and his or
her prior training.
2. His or her experience and prior earnings.
3. His or her length of unemployment.
4. His or her prospects for securing local work in his
or her customary occupation.
5. The distance of the available work from his or her
residence; provided, that no work or employment shall be
deemed unsuitable because of its distance from the
individual's residence, if such the work or employment is in
the same or substantially the same locality as was his or her
last previous regular place of employment and if the employee
left such the employment voluntarily without good cause
connected with suchthe employment.
d. Failure to appear for a previously scheduled
interview or skills test without notifying the prospective
employer of the need to delay or reschedule the interview or
test, unless there is good cause for the failure to notify,
shall be deemed a failure to seek or accept suitable work. A
claimant who fails to respond to an offer to return to work or
an offer of suitable employment within 72 hours of the offer
being made shall be deemed a rejection of an offer of suitable
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being made shall be deemed a rejection of an offer of suitable
employment.
b.e. Notwithstanding any other provisions of this
chapter, no work shall be deemed suitable and benefits shall
not be denied under this chapter to any otherwise eligible
individual for refusing to accept new work under any of the
following conditions:
1. If the position offered is vacant due directly to a
strike, lockout, or other labor dispute.
2. If the wages, hours, or other conditions of the work
offered are substantially less favorable to the individual
than those prevailing for similar work in the locality.
3. If, as a condition of being employed , the individual
would be required to join a company union, or to resign from
or refrain from joining any bona fide labor organization.
c.f. Notwithstanding any other provisions of this
section, benefits shall not be denied an individual, by reason
of the application of this subdivision (5), with respect to
any week in which he or she is in training with the approval
of the secretary as described in subdivision (a)(3) of Section
25-4-77(a)(3).
(6) RECEIPT OF BACK PAY AWARD, ETC. For any a. Any week
with respect to which an individual is receiving or has
received remuneration in the form of a back pay award.
Notwithstanding Section 25-4-91, any benefits previously paid
for weeks of unemployment with respect to which back pay
awards are made shall constitute an overpayment and suchthe
amounts shall be deducted from the award by the employer prior
to payment to the employee and shall be transmitted promptly
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to payment to the employee and shall be transmitted promptly
to the secretary by the employer for application against the
overpayment and credit to the claimant's maximum benefit
amount and prompt deposit into the fund ; provided, however,
the .
b. The removal of any charges made against the employer
as a result of such previously paid benefits shall be applied
to the calendar year and the calendar quarter in which the
overpayment is received by the secretary and no attempt shall
be made to relate such a credit to the period to which the
award applies.
c. Any amount of overpayment deducted by the employer
shall be subject to the same procedures for collection as is
provided for contributions by Section 25-4-134.
(7) RECEIPT OF OR APPLICATION FOR UNEMPLOYMENT
COMPENSATION FROM ANOTHER STATE, ETC. For anyAny week with
respect to which, or a part of which, an individual has
received or is seeking unemployment benefits under an
unemployment compensation law of any other state or of the
United States; provided, that if . If the appropriate agency of
such the other state or of the United States finally
determines that the individual is not entitled to suchthe
unemployment benefits this disqualification shall not apply.
(8) RECEIPT OF PENSION PAYMENT. For anyAny week with
respect to which, or a part of which, an individual has
received or has, except for the determination of an exact or
specific amount, has been determined eligible to receive ,
(during a period for which benefits are being claimed ),
governmental or other pension, retirement or retired pay,
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governmental or other pension, retirement or retired pay,
annuity, or similar periodic payment which is based on the
previous work of the individual; except, that :
a. For weeks of unemployment which begin prior to April
26, 1982, as was prescribed by this subsection prior to the
date,; and
b. For weeks of unemployment which begin on or after
April 26, 1982, the amount of any benefits payable to an
individual for any week which begins in a period with respect
to which the disqualifying provisions of this subdivision
apply, shall be reduced (but not below zero) by an amount
equal to the amount of the pension, retirement or retired pay,
annuity, or other payment, which is reasonably attributable to
the week,; provided, however, the reduction required by this
paragraph shall apply to any pension, retirement or retired
pay, annuity, or other similar payment only if:
1. The payment is made under a plan that is maintained
(or contributed to ) by a base period employer and 100 percent
employer-financed and not contributed to by the worker ,; and
2. In the case of such a payment not made under the
Social Security Act or the Railroad Retirement Act of 1974 ,
(or the corresponding provisions of prior law ), services
performed for the employer by the individual after the
beginning of his or her base period (or remuneration for the
services) affect eligibility for, or increase the amount of,
the payment.
c. The other provisions of this subdivision to the
contrary notwithstanding, beginning with the weeks ending
October 7, 1995, the amount of any pension, retirement or
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October 7, 1995, the amount of any pension, retirement or
retired pay, annuity, or other similar periodic payment under
the Social Security Act or the Railroad Retirement Act shall
not result in a reduction of benefits under this subdivision.
d. If in accordance with this subdivision any
individual is awarded pension payments retroactively covering
the same period for which the individual received benefits,
the retroactive payments shall constitute cause for
disqualification and any benefits paid during the period shall
be recovered only if the retroactive pension payments were
made under a plan that is maintained (or contributed to ) by a
base period employer, 100 percent employer-financed, and not
contributed to by the worker.
(9) RECEIPT OF OR APPLICATION FOR WORKERS'
COMPENSATION. For anyAny week with respect to which, or a part
of which, an individual has received or is seeking
compensation for temporary disability under any workers'
compensation law ; provided, that if . If it is finally
determined that the individual is not entitled to suchworkers'
compensation, this disqualification shall not apply .; and
provided further, that if such If the workers' compensation is
less than the benefits which would otherwise be due under this
chapter, the individual shall be entitled to receive for the
week, if otherwise eligible, benefits reduced by the amount of
the payment.
(10) EMPLOYMENT BY PUBLIC WORKS AGENCY, ETC. For anyAny
week that an individual is engaged or employed by the Works
Progress Administration, the National Youth Administration, or
any federal or state unit, agency, or instrumentality in
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any federal or state unit, agency, or instrumentality in
charge of public works, assistance through public employment,
or work relief.
(11) SELF-EMPLOYMENT. For anyAny week in which an
individual is self-employed and each subsequent week
thereafter until he or she shall establish that he or she is
no longer self-employed.
(12) RECEIPT OF, OR APPLICATION FOR, TRAINING
ALLOWANCE, ETC. For anya. Any week with respect to which, or a
part of which, an individual who is enrolled in a course of
training with the approval of the secretary, within the
meaning of subdivision (a)(3) of Section 25-4-77(a)(3), has
applied for, or is entitled to receive, any wage or
subsistence or training allowance or other form of
remuneration, other than reimbursement for travel expenses,
for a course of training under any public or private training
program; provided, that if . If it is finally determined that
an individual is not entitled to such remuneration, this
disqualification shall not apply.
b. If the remuneration, the receipt of which is
disqualifying under this subdivision, is less than the weekly
benefits which he or she would otherwise be due under this
chapter, he or she shall be entitled to receive, if otherwise
eligible, weekly benefits reduced by the amount of the
remuneration.
It is further provided that receipt c. Receipt of
training allowances under the Trade Readjustment Act shall not
be cause for disqualification under this subdivision.
(13) PARTICIPATION IN PROFESSIONAL SPORTS. For anyAny
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(13) PARTICIPATION IN PROFESSIONAL SPORTS. For anyAny
week which commences during the period between two successive
sport seasons, or similar periods, to any individual for which
benefits claimed are on the basis of any services,
substantially all of which consist of participating in sports
or athletic events or training or preparing to so participate,
if such individual performed services in the first of such
seasons, or similar periods, and there is a reasonable
assurance that such the individual will perform such services
in the later of such seasons, or similar periods.
(14) ALIENS.
a. For anyAny week for which benefits claimed are on
the basis of services performed by an alien unless any of the
following apply:
1. The alien is an individual who was lawfully admitted
for permanent residence at the time the services were
performed, and was lawfully present for purposes of performing
the services; or,.
2. The alien was permanently residing in the United
States under color of law at the time services were performed,
including an alien who is lawfully present in the United
States as a result of the application of the provisions of
Section 203(a)(7) or Section 212(d)(5) of the Immigration and
Nationality Act; or,.
3. The alien was lawfully admitted for temporary
residence as provided for under Section 245A(a) of the
Immigration Reform and Control Act of 1986 (PL 99-603).
b. Any data or information required of individuals
applying for benefits to determine whether benefits are not
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applying for benefits to determine whether benefits are not
payable to them because of their alien status shall be
uniformly required from all applicants for benefits.
c. In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to such the individual are not payable because of his
or her alien status shall be made except upon a preponderance
of the evidence."
Section 2. This act shall become effective on October
1, 2024.
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