Alabama 2025 Regular Session

Alabama House Bill HB535 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HB535INTRODUCED
2	2	Page 0
3	3	HB535
4	4	TBDA811-1
5	5	By Representative Tillman
6	6	RFD: Commerce and Small Business
7	7	First Read: 08-Apr-25
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12	12	5 TBDA811-1 04/07/2025 PMG (L)cr 2025-1352
13	13	Page 1
14	14	First Read: 08-Apr-25
15	15	SYNOPSIS:
16	16	Under existing law, an employee is disqualified
17	17	from collecting unemployment benefits during a labor
18	18	dispute.
19	19	This bill would carve out instances where the
20	20	employer locks out employees during a labor dispute
21	21	from the unemployment benefits disqualification.
22	22	A BILL
23	23	TO BE ENTITLED
24	24	AN ACT
25	25	Relating to unemployment benefits; to amend Section
26	26	25-4-78, Code of Alabama 1975, to allow unemployment benefits
27	27	when an employer locks out employees during a labor dispute.
28	28	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29	29	Section 1. Section 25-4-78, Code of Alabama 1975, is
30	30	amended to read as follows:
31	31	"§25-4-78
32	32	An individual shall be disqualified for total or
33	33	partial unemployment for any of the following:
34	34	(1) LABOR DISPUTE IN PLACE OF EMPLOYMENT OTHER THAN
35	35	EMPLOYER LOCKOUTS . For any week in which an individual's total
36	36	or partial unemployment is directly due to a labor dispute
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66	66	or partial unemployment is directly due to a labor dispute
67	67	still in active progress in the establishment in which he or
68	68	she is or was last employed , unless the total or partial
69	69	unemployment is directly due to an employer lockout . For the
70	70	purposes of this section only, the term labor dispute includes
71	71	any controversy concerning terms, tenure, or conditions of
72	72	employment, or concerning the association or representation of
73	73	persons in negotiating, fixing, maintaining, changing, or
74	74	seeking to arrange terms or conditions of employment,
75	75	regardless of whether the disputants stand in the proximate
76	76	relation of employer and employee. This definition shall not
77	77	relate to a dispute between an individual worker and his or
78	78	her employer.
79	79	(2) VOLUNTARILY QUITTING WORK. If an individual has
80	80	left his or her most recent bona fide work voluntarily without
81	81	good cause connected with such work.
82	82	a.1. However, an individual shall not be disqualified
83	83	if he or she was forced to leave work because he or she was
84	84	sick or disabled, notified his or her employer of the fact as
85	85	soon as it was reasonably practicable so to do, and returned
86	86	to that employer and offered himself or herself for work as
87	87	soon as he or she was again able to work; provided, however,
88	88	this exception shall not apply if the employer had an
89	89	established leave of absence policy covering sickness or
90	90	disability and:
91	91	(i) The individual fails to comply with the same as
92	92	soon as it is reasonably practicable to do so; or
93	93	(ii) Upon the expiration of a leave of absence shall
94	94	fail fails to return to the employer and offer himself or
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124	124	fail fails to return to the employer and offer himself or
125	125	herself for work, if the individual shall then be is able to
126	126	work, or if he or she is not then able to work, he or she
127	127	fails to so notify his or her employer of that fact and
128	128	request an extension of his or her leave of absence as soon as
129	129	it is reasonably practicable so to do.
130	130	2. In case of doubt that an individual was sick or
131	131	disabled, or as to the duration of any such sickness or
132	132	disability, the secretary may, or if the employer requests it,
133	133	the secretary shall require a doctor's certificate to
134	134	establish the fact or facts in doubt.
135	135	3. An established leave of absence policy shall be any
136	136	leave of absence policy covering sickness and disability
137	137	communicated to the employee by the customary means used by
138	138	the employer for communicating with his or her employees.
139	139	4. Nothing herein shall be construed or interpreted as
140	140	authorizing the payment of benefits to any individual during,
141	141	or for, unemployment due to sickness or disability or during
142	142	any period in which he or she is on a leave of absence granted
143	143	in accordance with an established leave of absence policy, the
144	144	duration of which leave was set in accordance with his or her
145	145	request or in accordance with a collective bargaining
146	146	agreement; except, that if such the leave of absence is on
147	147	account of pregnancy and extends beyond the tenth week
148	148	following termination of such the pregnancy, the individual
149	149	shall not be denied benefits under this subdivision beyond
150	150	such the tenth week if she has given the employer three weeks'
151	151	notice of her desire to return to work, is then able to work,
152	152	and has not refused reinstatement to a job which under
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182	182	and has not refused reinstatement to a job which under
183	183	subdivision (5) would be deemed suitable for her.
184	184	b. When an individual is disqualified under this
185	185	subdivision:
186	186	1. He or she shall not be entitled to benefits for the
187	187	week in which the disqualifying event occurs or for any week
188	188	thereafter until:
189	189	(i) He or she has reentered insured employment or
190	190	employment of the nature described in subdivisions (5), (6),
191	191	(7), (8), (9), (10), or (18) of subsection (b) of Section
192	192	25-4-10; and
193	193	(ii) For which employment he or she has earned wages
194	194	equal to at least 10 times his or her weekly benefit amount
195	195	for the benefit year in which such the disqualification is
196	196	assessed; and
197	197	(iii) He or she has been separated from such employment
198	198	under nondisqualifying conditions.
199	199	2. The total amount of benefits to which an individual
200	200	may otherwise be entitled as determined in accordance with
201	201	Sections 25-4-74 and 25-4-75 shall be reduced by an amount
202	202	equal to not less than three nor more than nine times his or
203	203	her weekly benefit amount.
204	204	3. For the purpose of the experience rating provisions
205	205	of Section 25-4-54, no portion of the benefits payable to an
206	206	individual, based upon wages paid to him or her for the period
207	207	of employment ending with the separation to which the
208	208	disqualification applies, shall be charged to the employer's
209	209	experience rating account. If the individual has been
210	210	separated from employment other than his or her most recent
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240	240	separated from employment other than his or her most recent
241	241	bona fide work under conditions which would have been
242	242	disqualifying under this subdivision (2) had the separation
243	243	been from his or her most recent bona fide work and the
244	244	employer answers a notice of payment within 15 days after it
245	245	is mailed to him or her detailing the facts in connection with
246	246	the separation, then no portion of any benefits paid to him or
247	247	her based upon wages for the period of employment ending in
248	248	such the separation shall be charged to the employer's
249	249	experience rating account.
250	250	4. Any other provision of this chapter to the contrary
251	251	notwithstanding, effective October 21, 2013, the unemployment
252	252	compensation account of an employer shall be charged when the
253	253	unemployment compensation agency determines that an
254	254	overpayment has been made to a claimant as a result of both of
255	255	the following:
256	256	(i) The overpayment occurred because the employer, or
257	257	an agent of the employer, failed to respond timely or
258	258	adequately to a request from the unemployment compensation
259	259	agency for information relating to an unemployment
260	260	compensation claim.
261	261	(ii) The employer, or an agent of the employer, has
262	262	established a pattern of failing to respond timely or
263	263	adequately to a request from the unemployment compensation
264	264	agency for information relating to an unemployment
265	265	compensation claim on two or more occasions.
266	266	c. An individual shall not be disqualified if he or she
267	267	left his or her employment and immediately returned to work
268	268	with his or her regular employer or to employment in which he
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298	298	with his or her regular employer or to employment in which he
299	299	or she had prior existing statutory or contractual seniority
300	300	or recall rights. When this exception is applied, any benefits
301	301	paid to the individual based upon wages paid for that period
302	302	of employment immediately preceding the separation to which
303	303	the exception is applied, which have not been heretofore
304	304	charged to the employer's experience rating account, shall not
305	305	be charged to the account of the employer.
306	306	d. For separation occurring on or after August 1, 2012,
307	307	an An individual shall not be disqualified if he or she left
308	308	his or her employment to permanently relocate as a result of
309	309	his or her active duty military-connected spouse's permanent
310	310	change of station orders, activation orders, or unit
311	311	deployment orders. When this exception is applied, any
312	312	benefits paid to the individual based upon wages paid for that
313	313	period of employment immediately preceding the separation to
314	314	which the exception is applied, which have not been heretofore
315	315	charged to the employer's experience rating account, shall not
316	316	be charged to the account of the employer.
317	317	e. For the purposes of this subdivision and subdivision
318	318	(3) of this section , the secretary, in determining the most
319	319	recent bona fide work , shall only consider employment of the
320	320	nature described in subsection (a) of Section 25-4-10. The
321	321	secretary shall also consider the duration of the most recent
322	322	job or jobs, the intent of the individual and his or her
323	323	employer as to the permanence of such work, and whether
324	324	separation from the immediately preceding employment was under
325	325	conditions which would be disqualifying in the event such the
326	326	immediately preceding employment should be is determined to be
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356	356	immediately preceding employment should be is determined to be
357	357	the most recent bona fide work.
358	358	(3) DISCHARGE FOR MISCONDUCT.
359	359	a. If an individual was discharged or removed from his
360	360	or her work for a dishonest or criminal act committed in
361	361	connection with his or her work or for sabotage or an act
362	362	endangering the safety of others or for the use of illegal
363	363	drugs after previous warning or for the refusal to submit to
364	364	or cooperate with a blood or urine test after previous
365	365	warning. Disqualification under this paragraph may be applied
366	366	to separations prior to separation from the most recent bona
367	367	fide work only if the employer has filed a notice with the
368	368	secretary alleging that the separation was under conditions
369	369	described in this paragraph in such manner and within such
370	370	time as the secretary may prescribe.
371	371	(i) A confirmed positive drug test that is conducted
372	372	and evaluated according to standards set forth for the conduct
373	373	and evaluation of such tests by the U.S. Department of
374	374	Transportation in 49 C.F.R. Part 40 or standards shown by the
375	375	employer to be otherwise reliable shall be a conclusive
376	376	presumption of impairment by illegal drugs. No unemployment
377	377	compensation benefits shall be allowed to an employee having a
378	378	confirmed positive drug test if the employee had been warned
379	379	that such a positive test could result in dismissal pursuant
380	380	to a reasonable drug policy. A drug policy shall be deemed
381	381	reasonable if the employer shows that all employees of the
382	382	employer, regardless of position or classification, are
383	383	subject to testing under the policy, and in those instances in
384	384	which the employer offers as the basis for disqualification
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414	414	which the employer offers as the basis for disqualification
415	415	from unemployment compensation benefits the results obtained
416	416	pursuant to additional testing imposed on some but not all
417	417	classifications, if the employer can also offer some rational
418	418	basis for conducting such the additional testing. Further, no
419	419	unemployment compensation benefits shall be allowed if the
420	420	employee refuses to submit to or cooperate with a blood or
421	421	urine test as set forth above, or if the employee knowingly
422	422	alters or adulterates the blood or urine specimen.
423	423	(ii) For purposes of paragraph a. and item a.(i) of
424	424	paragraph a. of this subdivision, "warning"shall mean means
425	425	that the employee has been advised in writing of the
426	426	provisions of the employer's drug policy and that either
427	427	testing positive pursuant to the standards referenced above or
428	428	the refusal to submit to or cooperate with a blood or urine
429	429	test as set out in the above referenced standards could result
430	430	in termination of employment. This written notification as
431	431	herein described shall constitute a warning as used in
432	432	paragraph a. and item a.(i) of paragraph a. of this
433	433	subdivision.
434	434	(iii) To the extent that the issue is a positive drug
435	435	test or the refusal to submit to or cooperate with a blood or
436	436	urine test, or if the employee knowingly alters or adulterates
437	437	the blood or urine sample, as distinguished from some other
438	438	aspect of the employer's drug policy, this disqualification
439	439	under paragraph a. and item a.(i) of paragraph a. shall be the
440	440	only disqualification to apply, in connection with an
441	441	individual's separation from employment. Other non-separation
442	442	disqualifications may apply.
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472	472	disqualifications may apply.
473	473	When an individual is disqualified under this
474	474	paragraph:
475	475	1. He or she shall not be entitled to benefits for the
476	476	week in which the disqualifying event occurs or for any week
477	477	thereafter until he or she has reentered insured employment or
478	478	employment of the nature described in subdivisions (5), (6),
479	479	(7), (8), (9), (10), or (18) of subsection (b) of Section
480	480	25-4-10, has earned wages equal at least to 10 times his or
481	481	her weekly benefit amount, and has been separated from such
482	482	employment for a nondisqualifying reason.
483	483	2. He or she shall not thereafter be entitled to any
484	484	benefits under this chapter on account of wages paid to him or
485	485	her for the period of employment by the employer by whom he or
486	486	she was employed when the disqualifying event occurred.
487	487	3. For the purposes of the experience rating provisions
488	488	of Section 25-4-54:
489	489	(i) No portion of any benefits based upon wages paid to
490	490	the individual for the period of employment by the employer by
491	491	whom he or she was employed when the disqualifying event
492	492	occurred shall be charged to the employer's experience rating
493	493	account.
494	494	(ii) In the case of a separation prior to the
495	495	separation from the most recent bona fide work, if the only
496	496	reason disqualification under this paragraph a. was not
497	497	assessed was the failure of the employer to properly file a
498	498	timely separation report with the secretary and the employer
499	499	files such a report within 15 days after the mailing of a
500	500	notice of payment, then no portion of any benefits paid based
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530	530	notice of payment, then no portion of any benefits paid based
531	531	upon the wages paid for the period of employment ending in
532	532	such the prior separation shall be charged to the employer's
533	533	experience rating account.
534	534	b. If an individual was discharged from his or her most
535	535	recent bona fide work for actual or threatened misconduct
536	536	committed in connection with his or her work ,(other than acts
537	537	mentioned in paragraph a. of this subdivision ,) repeated after
538	538	previous warning to the individual. When an individual is
539	539	disqualified under this paragraph, or exempt from
540	540	disqualification for a separation under such conditions prior
541	541	to his or her most recent bona fide work, the effect shall be
542	542	the same as provided in paragraph (2)b. of subdivision (2) for
543	543	disqualification or exemption from disqualification
544	544	respectively.
545	545	c. If an individual was discharged from his or her most
546	546	recent bona fide work for misconduct connected with his or her
547	547	work,[other than acts mentioned in paragraphs a. and b. of
548	548	this subdivision ]:
549	549	1. He or she shall be disqualified from receipt of
550	550	benefits for the week in which he or she was discharged and
551	551	for not less than the following week nor more than the four
552	552	next following weeks, as determined by the secretary in each
553	553	case according to the seriousness of the conduct.
554	554	2. The total amount of benefits to which an individual
555	555	may otherwise be entitled as determined in accordance with
556	556	Sections 25-4-74 and 25-4-75 shall be reduced by an amount
557	557	equal to the product of the number of weeks for which an
558	558	individual shall be disqualified multiplied by his or her
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588	588	individual shall be disqualified multiplied by his or her
589	589	weekly benefit amount.
590	590	3. Only one-half of the benefits paid to an individual
591	591	based upon wages for that period of employment immediately
592	592	preceding the separation to which the disqualification applies
593	593	shall be charged to the employer for the purposes of the
594	594	experience rating provisions of Section 25-4-54. If the
595	595	individual has been separated from employment, other than his
596	596	or her most recent bona fide work, under conditions which
597	597	would have been disqualifying under this paragraph, had the
598	598	separation been from his or her most recent bona fide work and
599	599	the employer answers a notice of payment within 15 days after
600	600	it is mailed to him or her detailing the facts in connection
601	601	with the separation, then only one-half of the benefits paid
602	602	to him or her for that period of employment immediately
603	603	preceding the separation shall be charged to the employer for
604	604	the purposes of the experience rating provisions of Section
605	605	25-4-54, unless the employer, or an agent of the employer,
606	606	failed to respond timely or adequately to written requests
607	607	pursuant to subparagraph (2)b.4. of paragraph b. of
608	608	subdivision (2).
609	609	d. If an individual has been suspended as a
610	610	disciplinary measure connected with his or her work, or for
611	611	misconduct connected with his or her work, he or she shall be
612	612	disqualified from benefits for the week or weeks ,(not to
613	613	exceed four weeks ,) in which, or for which, he or she is so
614	614	suspended, and the total amount of benefits to which he or she
615	615	may otherwise be entitled shall be reduced in the same manner
616	616	and to the same extent as provided in subparagraph c.2. of
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646	646	and to the same extent as provided in subparagraph c.2. of
647	647	paragraph c. of this subdivision (3).
648	648	(4) REVOCATION OR SUSPENSION OF REQUIRED LICENSE, ETC.
649	649	For the week in which an individual has become unemployed
650	650	because a license, certificate, permit, bond, surety, or
651	651	insurability which is necessary for the performance of his or
652	652	her employment and which he or she is responsible to maintain
653	653	or supply has been revoked, suspended, or otherwise become
654	654	lost to him or her for a cause other than one which would fall
655	655	within the meaning of subdivision (3), but one which was
656	656	within his or her power to control, guard against, or prevent,
657	657	and for each week thereafter until:
658	658	a. The license, certificate, permit, bond, or surety,
659	659	or insurability, has been restored to him or her and he or she
660	660	has reapplied to his or her employer for employment; or
661	661	b. He or she has reentered insured employment or
662	662	employment of the nature described in subdivisions (5), (6),
663	663	(7), (8), (9), (10), or (18) of subsection (b) of Section
664	664	25-4-10, whichever is the earlier.
665	665	c. Nothing in this subdivision shall be construed as a
666	666	basis for disqualification of an individual who is without
667	667	fault and who has made a reasonable effort to obtain his or
668	668	her initial license, certificate, permit, bond, surety, or
669	669	insurability required for the performance of assigned duties.
670	670	(5) FAILURE TO ACCEPT AVAILABLE SUITABLE WORK, ETC. If
671	671	an individual fails, without good cause, either to apply for
672	672	or to accept available suitable work or to return to his or
673	673	her customary self-employment when so directed by the
674	674	secretary or when an individual is notified of suitable work
675	675	309
676	676	310
677	677	311
678	678	312
679	679	313
680	680	314
681	681	315
682	682	316
683	683	317
684	684	318
685	685	319
686	686	320
687	687	321
688	688	322
689	689	323
690	690	324
691	691	325
692	692	326
693	693	327
694	694	328
695	695	329
696	696	330
697	697	331
698	698	332
699	699	333
700	700	334
701	701	335
702	702	336 HB535 INTRODUCED
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704	704	secretary or when an individual is notified of suitable work
705	705	or it is offered him or her through a state employment office
706	706	or the United States Employment Service Department of Labor ,
707	707	or directly or by written notice or offer to any such
708	708	employment office or employment service agency by an employer
709	709	by whom the individual was formerly employed. Such
710	710	disqualification shall be for a period of not less than one
711	711	nor more than five weeks from the date of failure. This
712	712	disqualification shall not apply unless the individual has an
713	713	established benefit year, or is seeking to establish one or is
714	714	seeking extended benefits at the time he or she fails without
715	715	good cause, to do any of the acts set out in this subdivision.
716	716	a. In determining whether or not any work is suitable
717	717	for an individual, the secretary shall consider:
718	718	1. The degree of risk involved to his or her health,
719	719	safety, and morals, his or her physical fitness, and his or
720	720	her prior training.
721	721	2. His or her experience and prior earnings.
722	722	3. His or her length of unemployment.
723	723	4. His or her prospects for securing local work in his
724	724	or her customary occupation.
725	725	5. The distance of the available work from his or her
726	726	residence; provided, that no work or employment shall be
727	727	deemed unsuitable because of its distance from the
728	728	individual's residence, if such work or employment is in the
729	729	same or substantially the same locality as was his or her last
730	730	previous regular place of employment and if the employee left
731	731	such his or her work or employment voluntarily without good
732	732	cause connected with such the employment.
733	733	337
734	734	338
735	735	339
736	736	340
737	737	341
738	738	342
739	739	343
740	740	344
741	741	345
742	742	346
743	743	347
744	744	348
745	745	349
746	746	350
747	747	351
748	748	352
749	749	353
750	750	354
751	751	355
752	752	356
753	753	357
754	754	358
755	755	359
756	756	360
757	757	361
758	758	362
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760	760	364 HB535 INTRODUCED
761	761	Page 14
762	762	cause connected with such the employment.
763	763	b. Notwithstanding any other provisions of this
764	764	chapter, no work shall be deemed suitable and benefits shall
765	765	not be denied under this chapter to any otherwise eligible
766	766	individual for refusing to accept new work under any of the
767	767	following conditions:
768	768	1. If the position offered is vacant due directly to a
769	769	strike, lockout, or other labor dispute.
770	770	2. If the wages, hours, or other conditions of the work
771	771	offered are substantially less favorable to the individual
772	772	than those prevailing for similar work in the locality.
773	773	3. If as a condition of being employed the individual
774	774	would be required to join a company union, or to resign from
775	775	or refrain from joining any bona fide labor organization.
776	776	c. Notwithstanding any other provisions of this
777	777	section, benefits shall not be denied an individual, by reason
778	778	of the application of this subdivision (5), with respect to
779	779	any week in which he or she is in training with the approval
780	780	of the secretary as described in subdivision (a)(3) of Section
781	781	25-4-77.
782	782	(6) RECEIPT OF BACK PAY AWARD, ETC. For any week with
783	783	respect to which an individual is receiving or has received
784	784	remuneration in the form of a back pay award. Notwithstanding
785	785	Section 25-4-91, any benefits previously paid for weeks of
786	786	unemployment with respect to which back pay awards are made
787	787	shall constitute an overpayment , and such amounts shall be
788	788	deducted from the award by the employer prior to payment to
789	789	the employee and shall be transmitted promptly to the
790	790	secretary by the employer for application against the
791	791	365
792	792	366
793	793	367
794	794	368
795	795	369
796	796	370
797	797	371
798	798	372
799	799	373
800	800	374
801	801	375
802	802	376
803	803	377
804	804	378
805	805	379
806	806	380
807	807	381
808	808	382
809	809	383
810	810	384
811	811	385
812	812	386
813	813	387
814	814	388
815	815	389
816	816	390
817	817	391
818	818	392 HB535 INTRODUCED
819	819	Page 15
820	820	secretary by the employer for application against the
821	821	overpayment and credit to the claimant's maximum benefit
822	822	amount and prompt deposit into the fund; provided, however,
823	823	the removal of any charges made against the employer as a
824	824	result of such the previously paid benefits shall be applied
825	825	to the calendar year and the calendar quarter in which the
826	826	overpayment is received by the secretary , and no attempt shall
827	827	be made to relate such a credit to the period to which the
828	828	award applies. Any amount of overpayment deducted by the
829	829	employer shall be subject to the same procedures for
830	830	collection as is provided for contributions by Section
831	831	25-4-134.
832	832	(7) RECEIPT OF OR APPLICATION FOR UNEMPLOYMENT
833	833	COMPENSATION FROM ANOTHER STATE, ETC. For any week with
834	834	respect to which, or a part of which, an individual has
835	835	received or is seeking unemployment benefits under an
836	836	unemployment compensation law of any other state or of the
837	837	United States; provided, that if the appropriate agency of
838	838	such other state or of the United States finally determines
839	839	that the individual is not entitled to such unemployment
840	840	benefits, this disqualification shall not apply.
841	841	(8) RECEIPT OF PENSION PAYMENT. For any week with
842	842	respect to which, or a part of which, an individual has
843	843	received or has, except for the determination of an exact or
844	844	specific amount, been determined eligible to receive ,(during
845	845	a period for which benefits are being claimed ,) governmental
846	846	or other pension, retirement or retired pay, annuity, or
847	847	similar periodic payment which is based on the previous work
848	848	of the individual; except, that
849	849	393
850	850	394
851	851	395
852	852	396
853	853	397
854	854	398
855	855	399
856	856	400
857	857	401
858	858	402
859	859	403
860	860	404
861	861	405
862	862	406
863	863	407
864	864	408
865	865	409
866	866	410
867	867	411
868	868	412
869	869	413
870	870	414
871	871	415
872	872	416
873	873	417
874	874	418
875	875	419
876	876	420 HB535 INTRODUCED
877	877	Page 16
878	878	of the individual; except, that
879	879	a. For weeks of unemployment which begin prior to April
880	880	26, 1982, as was prescribed by this subsection prior to the
881	881	date, and
882	882	b. For weeks of unemployment which begin on or after
883	883	April 26, 1982, the amount of any benefits payable to an
884	884	individual for any week which begins in a period with respect
885	885	to which the disqualifying provisions of this subdivision
886	886	apply, shall be reduced ,(but not below zero ,) by an amount
887	887	equal to the amount of the pension, retirement or retired pay,
888	888	annuity, or other payment, which is reasonably attributable to
889	889	the week, provided, however, the reduction required by this
890	890	paragraph shall apply to any pension, retirement or retired
891	891	pay, annuity, or other similar payment only if:
892	892	1a. The payment is made under a plan that is maintained
893	893	(or contributed to ) by a base period employer and 100 percent
894	894	employer-financed and not contributed to by the worker, and
895	895	2b. In the case of such a payment not made under the
896	896	Social Security Act or the Railroad Retirement Act of 1974 (or
897	897	the corresponding provisions of prior law ), services performed
898	898	for the employer by the individual after the beginning of his
899	899	or her base period ,(or remuneration for the services ,) affect
900	900	eligibility for, or increase the amount of, the payment.
901	901	c.1. The other provisions of this subdivision to the
902	902	contrary notwithstanding, beginning with the weeks ending
903	903	October 7, 1995, the amount of any pension, retirement or
904	904	retired pay, annuity, or other similar periodic payment under
905	905	the Social Security Act or the Railroad Retirement Act shall
906	906	not result in a reduction of benefits under this subdivision.
907	907	421
908	908	422
909	909	423
910	910	424
911	911	425
912	912	426
913	913	427
914	914	428
915	915	429
916	916	430
917	917	431
918	918	432
919	919	433
920	920	434
921	921	435
922	922	436
923	923	437
924	924	438
925	925	439
926	926	440
927	927	441
928	928	442
929	929	443
930	930	444
931	931	445
932	932	446
933	933	447
934	934	448 HB535 INTRODUCED
935	935	Page 17
936	936	not result in a reduction of benefits under this subdivision.
937	937	d.2. If in accordance with this subdivision any
938	938	individual is awarded pension payments retroactively covering
939	939	the same period for which the individual received benefits,
940	940	the retroactive payments shall constitute cause for
941	941	disqualification , and any benefits paid during the period
942	942	shall be recovered only if the retroactive pension payments
943	943	were made under a plan that is maintained (or contributed to )
944	944	by a base period employer, 100 percent employer-financed, and
945	945	not contributed to by the worker.
946	946	(9) RECEIPT OF OR APPLICATION FOR WORKERS'
947	947	COMPENSATION. For any week with respect to which, or a part of
948	948	which, an individual has received or is seeking compensation
949	949	for temporary disability under any workers' compensation law;
950	950	provided, that if it is finally determined the individual is
951	951	not entitled to such compensation, this disqualification shall
952	952	not apply; and provided further, that if such the compensation
953	953	is less than the benefits which would otherwise be due under
954	954	this chapter, the individual shall be entitled to receive for
955	955	the week, if otherwise eligible, benefits reduced by the
956	956	amount of the payment.
957	957	(10) EMPLOYMENT BY PUBLIC WORKS AGENCY, ETC. For any
958	958	week that an individual is engaged or employed by the Works
959	959	Progress Administration, the National Youth Administration, or
960	960	any federal or state unit, agency, or instrumentality in
961	961	charge of public works, assistance through public employment,
962	962	or work relief.
963	963	(11) SELF-EMPLOYMENT. For any week in which an
964	964	individual is self-employed and each week thereafter until he
965	965	449
966	966	450
967	967	451
968	968	452
969	969	453
970	970	454
971	971	455
972	972	456
973	973	457
974	974	458
975	975	459
976	976	460
977	977	461
978	978	462
979	979	463
980	980	464
981	981	465
982	982	466
983	983	467
984	984	468
985	985	469
986	986	470
987	987	471
988	988	472
989	989	473
990	990	474
991	991	475
992	992	476 HB535 INTRODUCED
993	993	Page 18
994	994	individual is self-employed and each week thereafter until he
995	995	or she shall establish that he or she is no longer
996	996	self-employed.
997	997	(12) RECEIPT OF, OR APPLICATION FOR, TRAINING
998	998	ALLOWANCE, ETC. For any week with respect to which, or a part
999	999	of which, an individual who is enrolled in a course of
1000	1000	training with the approval of the secretary, within the
1001	1001	meaning of subdivision (a)(3) of Section 25-4-77, has applied
1002	1002	for, or is entitled to receive, any wage or subsistence or
1003	1003	training allowance or other form of remuneration, other than
1004	1004	reimbursement for travel expenses, for a course of training
1005	1005	under any public or private training program; provided, that
1006	1006	if it is finally determined that an individual is not entitled
1007	1007	to such remuneration, this disqualification shall not apply.
1008	1008	If the remuneration, the receipt of which is disqualifying
1009	1009	under this subdivision, is less than the weekly benefits which
1010	1010	he or she would otherwise be due under this chapter, he or she
1011	1011	shall be entitled to receive, if otherwise eligible, weekly
1012	1012	benefits reduced by the amount of the remuneration. It is
1013	1013	further provided that receipt of training allowances under the
1014	1014	Trade Readjustment Act shall not be cause for disqualification
1015	1015	under this subdivision.
1016	1016	(13) PARTICIPATION IN PROFESSIONAL SPORTS. For any week
1017	1017	which commences during the period between two successive sport
1018	1018	seasons, or similar periods, to any individual for which
1019	1019	benefits claimed are on the basis of any services,
1020	1020	substantially all of which consist of participating in sports
1021	1021	or athletic events or training or preparing to so participate,
1022	1022	if such individual performed services in the first of such
1023	1023	477
1024	1024	478
1025	1025	479
1026	1026	480
1027	1027	481
1028	1028	482
1029	1029	483
1030	1030	484
1031	1031	485
1032	1032	486
1033	1033	487
1034	1034	488
1035	1035	489
1036	1036	490
1037	1037	491
1038	1038	492
1039	1039	493
1040	1040	494
1041	1041	495
1042	1042	496
1043	1043	497
1044	1044	498
1045	1045	499
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1047	1047	501
1048	1048	502
1049	1049	503
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1051	1051	Page 19
1052	1052	if such individual performed services in the first of such
1053	1053	seasons, or similar periods, and there is a reasonable
1054	1054	assurance that such individual will perform such services in
1055	1055	the later of such seasons, or similar periods.
1056	1056	(14) ALIENS.
1057	1057	a. For any week for which benefits claimed are on the
1058	1058	basis of services performed by an alien unless:
1059	1059	1. The alien is an individual who was lawfully admitted
1060	1060	for permanent residence at the time the services were
1061	1061	performed, and was lawfully present for purposes of performing
1062	1062	the services; or,
1063	1063	2. The alien was permanently residing in the United
1064	1064	States under color of law at the time services were performed,
1065	1065	including an alien who is lawfully present in the United
1066	1066	States as a result of the application of the provisions of
1067	1067	Section 203(a)(7) or Section 212(d)(5) of the Immigration and
1068	1068	Nationality Act; or,
1069	1069	3. The alien was lawfully admitted for temporary
1070	1070	residence as provided for under Section 245A(a) of the
1071	1071	Immigration Reform and Control Act of 1986 (PL 99-603).
1072	1072	b. Any data or information required of individuals
1073	1073	applying for benefits to determine whether benefits are not
1074	1074	payable to them because of their alien status shall be
1075	1075	uniformly required from all applicants for benefits.
1076	1076	c. In the case of an individual whose application for
1077	1077	benefits would otherwise be approved, no determination that
1078	1078	benefits to such individual are not payable because of his or
1079	1079	her alien status shall be made except upon a preponderance of
1080	1080	the evidence."
1081	1081	505
1082	1082	506
1083	1083	507
1084	1084	508
1085	1085	509
1086	1086	510
1087	1087	511
1088	1088	512
1089	1089	513
1090	1090	514
1091	1091	515
1092	1092	516
1093	1093	517
1094	1094	518
1095	1095	519
1096	1096	520
1097	1097	521
1098	1098	522
1099	1099	523
1100	1100	524
1101	1101	525
1102	1102	526
1103	1103	527
1104	1104	528
1105	1105	529
1106	1106	530
1107	1107	531
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1109	1109	Page 20
1110	1110	the evidence."
1111	1111	Section 2. This act shall become effective on October
1112	1112	1, 2025.
1113	1113	533
1114	1114	534