LCO No. 2014 1 of 18
General Assembly Raised Bill No. 5384
February Session, 2020
LCO No. 2014
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT MAKING MINOR AND TECHNICAL CHANGE S TO LABOR
DEPARTMENT STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 10-95h of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Not later than November thirtieth each year, the joint standing 3
committees of the General Assembly having cognizance of matters 4
relating to education, higher education and employment advancement 5
and labor shall meet with the chairperson of the Technical Education 6
and Career System board and the superintendent of the Technical 7
Education and Career System, the Labor Commissioner and such other 8
persons as they deem appropriate to consider the items submitted 9
pursuant to subsection (b) of this section. 10
(b) On or before November fifteenth, annually: 11
(1) The Labor Commissioner shall submit the following to the joint 12
standing committees of the General Assembly having cognizance of 13
matters relating to education, higher education and employment 14
Raised Bill No. 5384
LCO No. 2014 2 of 18
advancement and labor: (A) Information identifying general economic 15
trends in the state; (B) occupational information regarding the public 16
and private sectors, such as continuous data on occupational 17
movements; and (C) information identifying emerging regional, state 18
and national workforce needs over the next [thirty] ten years. 19
(2) The superintendent of the Technical Education and Career System 20
shall submit the following to the joint standing committees of the 21
General Assembly having cognizance of matters relating to education, 22
higher education and employment advancement and labor: (A) 23
Information ensuring that the curriculum of the Technical Education 24
and Career System is incorporating those workforce skills that will be 25
needed for the next [thirty] ten years, as identified by the Labor 26
Commissioner in subdivision (1) of this subsection, into the technical 27
education and career schools; (B) information regarding the 28
employment status of students who graduate from or complete an 29
approved program of study at the Technical Education and Career 30
System, including, but not limited to: (i) Demographics such as age and 31
gender, (ii) course and program enrollment and completion, (iii) 32
employment status, and (iv) wages prior to enrolling and after 33
graduating; (C) an assessment of the adequacy of the resources available 34
to the Technical Education and Career System as the system develops 35
and refines programs to meet existing and emerging workforce needs; 36
(D) recommendations to the Technical Education and Career System 37
board to carry out the provisions of subparagraphs (A) to (C), inclusive, 38
of this subdivision; (E) information regarding staffing at each technical 39
education and career school for the current academic year; and (F) 40
information regarding the transition process of the Technical Education 41
and Career System as an independent agency, including, but not limited 42
to, the actions taken by the Technical Education and Career System 43
board and the superintendent to create a budget process and maintain 44
programmatic consistency for students enrolled in the technical 45
education and career system. The superintendent shall collaborate with 46
the Labor Commissioner to obtain information as needed to carry out 47
Raised Bill No. 5384
LCO No. 2014 3 of 18
the provisions of this subsection. 48
Sec. 2. Section 31-3b of the general statutes is repealed and the 49
following is substituted in lieu thereof (Effective from passage): 50
[(a) The Labor Commissioner shall appoint a job training coordinator 51
who shall develop and implement innovative programs which will 52
provide (1) job training for (A) workers who are needed by industries 53
planning to locate in Connecticut or by industries located in this state, 54
(B) unskilled entry level workers, (C) workers in need of retraining due 55
to the obsolescence of their skills and (D) workers who need skill 56
training to qualify for advancement, (2) an incentive for the 57
establishment of apprenticeship programs in selected occupations; 58
provided no program shall be developed for occupations where prior 59
skill or training is not typically a prerequisite to hiring, and (3) work 60
training opportunities and placement of the chronically unemployed 61
under section 31-3d. 62
(b) The Labor Commissioner is authorized to establish an interagency 63
program coordinating committee to coordinate the application of all 64
available resources for the purposes of this section. Said committee shall 65
consist of representatives of various employment and training agencies 66
within the Labor Department and representatives of the Department of 67
Education and the Department of Economic and Community 68
Development.] 69
[(c)] (a) The Labor Commissioner may contract with any public or 70
private agency for educational and job training services. 71
[(d)] (b) The Labor Commissioner may accept and receive funds from 72
any public or private source which become available for the purposes of 73
this section and section 31-3d. 74
Sec. 3. Section 31-3h of the general statutes is repealed and the 75
following is substituted in lieu thereof (Effective from passage): 76
Raised Bill No. 5384
LCO No. 2014 4 of 18
(a) There is created, within the Labor Department, the Connecticut 77
Employment and Training Commission. 78
(b) The duties and responsibilities of the commission shall include: 79
(1) Carrying out the duties and responsibilities of a state [job training 80
coordinating council] workforce development board pursuant to the 81
federal [Job Training Partnership Act, 29 USC 1532] Workforce 82
Innovation and Opportunity Act, 29 USC 3101, et seq., as amended from 83
time to time, [a state human resource investment council pursuant to 29 84
USC 1501 et seq., as amended from time to time,] and such other related 85
entities as the Governor may direct; 86
(2) Reviewing all employment and training programs in the state to 87
determine their success in leading to and obtaining the goal of economic 88
self-sufficiency and to determine if such programs are serving the needs 89
of Connecticut's workers, employers and economy; 90
(3) Reviewing and commenting on all employment and training 91
programs enacted by the General Assembly; 92
(4) Implementing the federal Workforce Innovation and Opportunity 93
Act of 2014, P.L. 113-128, as amended from time to time. Such 94
implementation shall include (A) developing, in consultation with the 95
regional workforce development boards, a single Connecticut 96
workforce development plan that (i) complies with the provisions of 97
said act and section 31-11p, and (ii) includes comprehensive state 98
performance measures for workforce development activities specified 99
in Title I of the federal Workforce Innovation and Opportunity Act of 100
2014, P.L. 113-128, as amended from time to time, which performance 101
measures comply with the requirements of 20 CFR Part 666.100, (B) 102
making recommendations to the General Assembly concerning the 103
allocation of funds received by the state under said act and making 104
recommendations to the regional workforce development boards 105
concerning the use of formulas in allocating such funds to adult 106
employment and job training activities and youth activities, as specified 107
Raised Bill No. 5384
LCO No. 2014 5 of 18
in said act, (C) providing oversight and coordination of the state-wide 108
employment statistics system required by said act, (D) as appropriate, 109
recommending to the Governor that the Governor apply for workforce 110
flexibility plans and waiver authority under said act, after consultation 111
with the regional workforce development boards, (E) developing 112
performance criteria for regional workforce development boards to 113
utilize in creating a list of eligible providers, and (F) on or before 114
December 31, 1999, developing a uniform individual training accounts 115
voucher system that shall be used by the regional workforce 116
development boards to pay for training of eligible workers by eligible 117
providers, as required under said act; 118
(5) Developing and overseeing a plan for the co ntinuous 119
improvement of the regional workforce development boards 120
established pursuant to section 31-3k, as amended by this act; 121
(6) Developing incumbent worker, and vocational and manpower 122
training programs, including customized job training programs to 123
enhance the productivity of Connecticut businesses and to increase the 124
skills and earnings of underemployed and at-risk workers, and other 125
programs administered by the regional workforce development boards. 126
The Labor Department, in collaboration with the regional workforce 127
development boards, shall implement any incumbent worker and 128
customized job training programs developed by the commission 129
pursuant to this subdivision; and 130
(7) Developing a strategy for providing comprehensive services to 131
eligible youths, which strategy shall include developing youth 132
preapprentice and apprentice programs through, but not limited to, 133
technical education and career schools, and improving linkages 134
between academic and occupational learning and other youth 135
development activities. [; and 136
(8) Coordinating an electronic state hiring campaign to encourage the 137
reemployment of workers fifty years of age or older to be administered 138
Raised Bill No. 5384
LCO No. 2014 6 of 18
through the Labor Department's Internet web site, which shall include 139
testimony from various employers that demonstrates the value of hiring 140
and retaining workers fifty years of age or older. Not later than January 141
1, 2015, the commission shall submit a report, in accordance with section 142
11-4a, to the joint standing committee of the General Assembly having 143
cognizance of matters relating to labor on the status of such campaign.] 144
Sec. 4. Section 31-3j of the general statutes is repealed and the 145
following is substituted in lieu thereof (Effective from passage): 146
As used in sections 31-3j to 31-3r, inclusive, as amended by this act: 147
(1) "Board" means a regional work force development board 148
established under section 31-3k, as amended by this act; 149
(2) "Commission" means the Connecticut Employment and Training 150
Commission created under section 31-3h, as amended by this act; 151
(3) "Commissioner" means the Labor Commissioner; 152
(4) ["Job Training Partnership Act"] "Workforce Innovation and 153
Opportunity Act" means the federal [Job Training Partnership Act, 29 154
USC 1501] Workforce Innovation and Opportunity Act, 29 USC 3101, et 155
seq., as from time to time amended; 156
(5) "Municipality" means a town, city, borough, consolidated town 157
and city or consolidated town and borough; 158
(6) "Work force development region" or "region" means an area 159
designated as a service delivery area in accordance with the provisions 160
of the [Job Training Partnership Act] Workforce Innovation and 161
Opportunity Act. 162
Sec. 5. Section 31-3k of the general statutes is repealed and the 163
following is substituted in lieu thereof (Effective from passage): 164
(a) There is established within the Labor Department a regional work 165
Raised Bill No. 5384
LCO No. 2014 7 of 18
force development board for each work force development region in the 166
state. Each board shall assess the needs and priorities for investing in 167
the development of human resources within the region and shall 168
coordinate a broad range of employment, education, training and 169
related services that shall be focused on client-centered, lifelong 170
learning and shall be responsive to the needs of local business, industry, 171
the region, its municipalities and its citizens. 172
(b) Each board, within its region, shall: 173
(1) Carry out the duties and responsibilities of a [private industry 174
council under the Job Training Partnership Act, provided the private 175
industry council within the region elects by a vote of its members to 176
become a board and the Labor Commissioner approves the council as a 177
regional work force development board] workforce development board 178
pursuant to the Workforce Innovation and Opportunity Act. 179
(2) Within existing resources and consistent with the state 180
employment and training information system and any guidelines issued 181
by the commissioner under subsection (b) of section 31-2, (A) assess 182
regional needs and identify regional priorities for employment and 183
training programs, including, but not limited to, an assessment of the 184
special employment needs of unskilled and low-skilled unemployed 185
persons, including persons receiving state-administered general 186
assistance or short-term unemployment assistance, (B) conduct 187
planning for regional employment and training programs, (C) 188
coordinate such programs to ensure that the programs respond to the 189
needs of labor, business and industry, municipalities within the region, 190
the region as a whole, and all of its citizens, (D) serve as a clearinghouse 191
for information on all employment and training programs in the region, 192
(E) prepare and submit an annual plan containing the board's priorities 193
and goals for regional employment and training programs to the 194
commissioner and the commission for their review and approval, (F) 195
review grant proposals and plans submitted to state agencies for 196
employment and training programs that directly affect the region to 197
Raised Bill No. 5384
LCO No. 2014 8 of 18
determine whether such proposals and plans are consistent with the 198
annual regional plan prepared under subparagraph (E) of this 199
subdivision and inform the commission and each state agency 200
concerned of the results of the review, (G) evaluate the effectiveness of 201
employment and training programs within the region in meeting the 202
goals contained in the annual regional plan prepared under 203
subparagraph (E) of this subdivision and report its findings to the 204
commissioner and the commission on an annual basis, (H) ensure the 205
effective use of available employment and training resources in the 206
region, and (I) allocate funds where applicable for program operations 207
in the region. 208
(3) Provide information to the commissioner concerning (A) all 209
employment and training programs, grants or funds to be effective or 210
available in the region in the following program year, (B) the source and 211
purpose of such programs, grants or funds, (C) the projected amount of 212
such programs, grants or funds, (D) persons, organizations and 213
institutions eligible to participate in such programs or receive such 214
grants or funds, (E) characteristics of clients eligible to receive services 215
pursuant to such programs, grants or funds, (F) the range of services 216
available pursuant to such programs, grants or funds, (G) goals of such 217
programs, grants or funds, (H) where applicable, schedules for 218
submitting requests for proposals, planning instructions, proposals and 219
plans, in connection with such programs, grants or funds, (I) the 220
program period for such programs, grants or funds, and (J) any other 221
data relating to such programs, grants or funds that the commissioner 222
or the commission deems essential for effective state planning. 223
(4) Carry out the duties and responsibilities of the local board for 224
purposes of the federal Workforce Innovation and Opportunity Act. [of 225
2014, P.L. 113-128, as from time to time amended. 226
(5) Establish a worker training education committee comprised of 227
persons from the education and business communities within the 228
region, including, but not limited to, regional community-technical 229
Raised Bill No. 5384
LCO No. 2014 9 of 18
colleges and technical education and career schools.] 230
(c) Each board shall make use of grants or contracts with appropriate 231
service providers to furnish all program services under sections 31-3j to 232
31-3r, inclusive, as amended by this act, unless the commission concurs 233
with the board that direct provision of a service by the board is 234
necessary to assure adequate availability of the service or that a service 235
of comparable quality can be provided more economically by the board. 236
Any board seeking to provide services directly shall include in the 237
annual regional plan submitted to the commissioner and the 238
commission under subparagraph (E) of subdivision (2) of subsection (b) 239
of this section its plan to provide services directly and appropriate 240
justification for the need to do so. When the decision to provide services 241
directly must be made between annual planning cycles, the board shall 242
submit to the commissioner and the commission a plan of service and 243
appropriate justification for the need to provide services directly. Such 244
plan of service shall be subject to review and approval by the 245
commission. 246
(d) On October 1, 2002, and annually thereafter, each board shall 247
submit to the Labor Department comprehensive performance measures 248
detailing the results of any education, employment or job training 249
program or activity funded by moneys allocated to the board, including, 250
but not limited to, programs and activities specified in the federal 251
Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as 252
from time to time amended. Such performance measures shall include, 253
but shall not be limited to, the identity and performance of any vendor 254
that enters into a contract with the board to conduct, manage or assist 255
with such programs or activities, the costs associated with such 256
programs or activities, the number, gender and race of persons served 257
by such programs or activities, the number, gender and race of persons 258
completing such programs or activities, occupational skill types, the 259
number, gender and race of persons who enter unsubsidized 260
employment upon completion of such programs or activities, the 261
number, gender and race of persons who remain in unsubsidized 262
Raised Bill No. 5384
LCO No. 2014 10 of 18
employment six months later and the earnings received by such 263
persons. 264
Sec. 6. Section 31-3l of the general statutes is repealed and the 265
following is substituted in lieu thereof (Effective from passage): 266
The members of a board shall be appointed by the chief elected 267
officials of the municipalities in the region in accordance with the 268
provisions of an agreement entered into by such municipalities. In the 269
absence of an agreement the appointments shall be made by the 270
Governor. The membership of each board shall satisfy the requirements 271
[for a private industry council as provided under the Job Training 272
Partnership Act and the requirements of the federal] of the Workforce 273
Innovation and Opportunity Act. [of 2014, P.L. 113-128, as from time to 274
time amended. To the extent consistent with such requirements: (1) 275
Business members shall constitute a majority of each board and shall 276
include owners of businesses, chief executives or chief operating officers 277
of nongovernmental employers, or other business executives who have 278
substantial management or policy responsibilities. Whenever possible, 279
at least one-half of the business and industry members shall be 280
representatives of small businesses, including minority businesses; (2) 281
the nonbusiness members shall include representatives of community-282
based organizations, state and local organized labor, state and 283
municipal government, human service agencies, economic 284
development agencies and regional community-technical colleges and 285
other educational institutions, including secondary and postsecondary 286
institutions and regional vocational technical schools; (3) the 287
nonbusiness representatives shall be selected by the appointing 288
authority from among individuals nominated by the commissioner and 289
the organizations, agencies, institutions and groups set forth in 290
subdivisions (2) and (5) of this section, and each appointing authority 291
shall solicit nominations from the commissioner and the organizations, 292
agencies, institutions and groups set forth in subdivisions (2) and (5) of 293
this section; (4) labor representatives shall be selected from individuals 294
recommended by recognized state and local labor federations in a 295
Raised Bill No. 5384
LCO No. 2014 11 of 18
manner consistent with the federal Job Training Partnership Act and the 296
federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-297
128, as from time to time amended; (5) the board shall represent the 298
interests of a broad segment of the population of the region, including 299
the interests of welfare recipients, persons with disabilities, veterans, 300
dislocated workers, younger and older workers, women, minorities and 301
displaced homemakers; and (6) in each region where a private industry 302
council has elected by a vote of its members to become a regional work 303
force development board and the commissioner has approved the 304
council as a board, the initial membership of each board shall include, 305
but not be limited to, the business members of the private industry 306
council in the region.] 307
Sec. 7. Section 31-3n of the general statutes is repealed and the 308
following is substituted in lieu thereof (Effective from passage): 309
(a) The commissioner, in consultation with the commission, [shall] 310
may adopt regulations in accordance with chapter 54 to carry out the 311
provisions of sections 31-3j to 31-3r, inclusive, as amended by this act. 312
The regulations [shall] may establish criteria for the organization and 313
operation of the board and for ensuring that the membership of each 314
board satisfies the requirements of section 31-3l, as amended by this act. 315
(b) The commissioner, acting through the commission, shall facilitate 316
communication and exchange of information between the boards and 317
state agencies involved in employment and training. 318
(c) The commissioner shall distribute all information received under 319
the provisions of sections 31-3j to 31-3r, inclusive, as amended by this 320
act, to the commission in order to ensure that the review and 321
coordination duties of the commission are effectively carried out. 322
(d) The commissioner shall submit each annual regional plan 323
prepared pursuant to subparagraph (E) of subdivision (2) of subsection 324
(b) of section 31-3k, as amended by this act, together with the 325
recommendations of the commissioner and the commission, to the 326
Raised Bill No. 5384
LCO No. 2014 12 of 18
Governor for final approval. 327
(e) The commissioner shall approve, in consultation with the 328
commission, each board established pursuant to section 31-3k, as 329
amended by this act, which meets the requirements of sections 31-3j to 330
31-3r, inclusive, as amended by this act. 331
Sec. 8. Section 31-3r of the general statutes is repealed and the 332
following is substituted in lieu thereof (Effective from passage): 333
Nothing in sections 31-3j to 31-3r, inclusive, as amended by this act, 334
shall be construed or administered in any manner that would conflict 335
with the requirements of the [Job Training Partnership Act] Workforce 336
Innovation and Opportunity Act or supersede any statutory duties, 337
responsibilities or obligations of any agency or board, including, but not 338
limited to, any local board of education. 339
Sec. 9. Subsection (e) of section 31-3pp of the general statutes is 340
repealed and the following is substituted in lieu thereof (Effective from 341
passage): 342
(e) (1) An eligible small business or eligible small manufacturer may 343
apply to the department for a grant to subsidize on-the-job training for 344
a preapprentice, where "preapprentice" means a person, [who is (A) a 345
current student at a public or private high school, preparatory school or 346
institution of higher education, or (B) not more than eighteen years of 347
age and] student or minor employed under a written agreement with an 348
apprenticeship program sponsor for a term of training and employment 349
not exceeding two thousand hours or twenty-four months in duration, 350
and registered with the Labor Department. "Preapprentice" does not 351
include a person who was employed in this state by a related person 352
with respect to the eligible small business during the prior twelve 353
months or a person employed on a temporary or seasonal basis by a 354
retailer, as defined in section 42-371. 355
(2) Grants to eligible small businesses or eligible small manufacturers 356
Raised Bill No. 5384
LCO No. 2014 13 of 18
under the Subsidized Training and Employment program shall be in the 357
following amounts: (A) For the first thirty calendar days a preapprentice 358
is employed, one hundred per cent of an amount representing the cost 359
of on-the-job training for such preapprentice, but in no event shall such 360
amount exceed ten dollars per hour; (B) for the thirty-first to ninetieth, 361
inclusive, calendar days, seventy-five per cent of such amount; (C) for 362
the ninety-first to one hundred fiftieth, inclusive, calendar days, fifty per 363
cent of such amount; and (D) for the one hundred fifty-first to one 364
hundred eightieth, inclusive, calendar days, twenty-five per cent of such 365
amount. Grants shall be cancelled as of the date the preapprentice leaves 366
his or her apprenticeship with the eligible small business or eligible 367
small manufacturer. 368
Sec. 10. Section 31-22m of the general statutes is repealed and the 369
following is substituted in lieu thereof (Effective from passage): 370
When used in sections 31-22m to 31-22q, inclusive, as amended by 371
this act, and 31-22u, "apprentice" means a person employed under a 372
written agreement to work at and learn a specific trade and registered 373
with the Labor Department; "apprentice agreement" means a written 374
agreement entered into by an apprentice, or on his behalf by his parent 375
or guardian, with an employer, or with an association of employers and 376
an organization of employees acting as a joint apprenticeship 377
committee, which agreement provides for not less than two thousand 378
hours of work experience in approved trade training consistent with 379
recognized requirements established by industry or joint labor-industry 380
practice and for the number of hours of related and supplemental 381
instructions prescribed by the Connecticut State Apprenticeship 382
Council or which agreement meets requirements of the federal 383
government for on-the-job training schedules which are essential, in the 384
opinion of the Labor Commissioner, for the development of manpower 385
in Connecticut industries; "council" means the Connecticut State 386
Apprenticeship Council and "preapprentice" means a person, student or 387
minor (1) employed under a written agreement with an apprenticeship 388
sponsor for a term of training and employment not exceeding two 389
Raised Bill No. 5384
LCO No. 2014 14 of 18
thousand hours or twenty-four months in duration, and (2) registered 390
with the Labor Department. 391
Sec. 11. Section 31-230 of the 2020 supplement to the general statutes 392
is repealed and the following is substituted in lieu thereof (Effective from 393
passage): 394
(a) An individual's benefit year shall commence with the beginning 395
of the week with respect to which the individual has filed a valid 396
initiating claim and shall continue through the Saturday of the fifty-first 397
week following the week in which it commenced, provided no benefit 398
year shall end until after the end of the third complete calendar quarter, 399
plus the remainder of any uncompleted calendar week that began in 400
such quarter, following the calendar quarter in which it commenced, 401
and provided further, the benefit year of an individual who has filed a 402
combined wage claim, as described in subsection (b) of section 31-255, 403
shall be the benefit year prescribed by the law of the paying state. In no 404
event shall a benefit year be established before the termination of an 405
existing benefit year previously established under the provisions of this 406
chapter. Except as provided in subsection (b) of this section, the base 407
period of a benefit year shall be the first four of the five most recently 408
completed calendar quarters prior to such benefit year, provided such 409
quarters were not previously used to establish a prior valid benefit year 410
and provided further, the base period with respect to a combined wage 411
claim, as described in subsection (b) of section 31-255, shall be the base 412
period of the paying state, except that for any individual who is eligible 413
to receive or is receiving workers' compensation or who is properly 414
absent from work under the terms of the employer's sick leave or 415
disability leave policy, the base period shall be the [first four of the five 416
most recently worked quarters] four consecutive quarters immediately 417
preceding the most recently worked prior to such benefit year, provided 418
such quarters were [consecutive and] not previously used to establish a 419
prior valid benefit year and provided further, the last most recently 420
worked calendar quarter is no more than twelve calendar quarters prior 421
to the date such individual makes an initiating claim. As used in this 422
Raised Bill No. 5384
LCO No. 2014 15 of 18
section, an initiating claim shall be deemed valid if the individual is 423
unemployed and meets the requirements of subdivisions (1) and (3) of 424
subsection (a) of section 31-235. The base period of an individual's 425
benefit year shall include wages paid by any nonprofit organization 426
electing reimbursement in lieu of contributions, or by the state and by 427
any town, city or other political or governmental subdivision of or in 428
this state or of any municipality to such person with respect to whom 429
such employer is subject to the provisions of this chapter. With respect 430
to weeks of unemployment beginning on or after January 1, 1978, wages 431
for insured work shall include wages paid for previously uncovered 432
services. For purposes of this section, the term "previously uncovered 433
services" means services that (1) were not employment, as defined in 434
section 31-222, and were not services covered pursuant to section 31-435
223, at any time during the one-year period ending December 31, 1975; 436
and (2) (A) are agricultural labor, as defined in subparagraph (H) of 437
subdivision (1) of subsection (a) of section 31-222, or domestic service, 438
as defined in subparagraph (J) of subdivision (1) of subsection (a) of 439
section 31-222, or (B) are services performed by an employee of this state 440
or a political subdivision of this state, as provided in subparagraph (C) 441
of subdivision (1) of subsection (a) of section 31-222, or by an employee 442
of a nonprofit educational institution that is not an institution of higher 443
education, as provided in subparagraph (E)(iii) of subdivision (1) of 444
subsection (a) of section 31-222, except to the extent that assistance 445
under Title II of the Emergency Jobs and Unemployment Assistance Act 446
of 1974 was paid on the basis of such services. 447
(b) The base period of a benefit year for any individual who is 448
ineligible to receive benefits using the base period set forth in subsection 449
(a) of this section shall be the four [most recently completed calendar] 450
consecutive quarters immediately preceding the most recently worked 451
quarters prior to the individual's benefit year, provided such quarters 452
were not previously used to establish a prior valid benefit year, except 453
that for any such individual who is eligible to receive or is receiving 454
workers' compensation or who is properly absent from work under the 455
Raised Bill No. 5384
LCO No. 2014 16 of 18
terms of an employer's sick leave or disability leave policy, the base 456
period shall be the four most recently worked calendar quarters prior to 457
such benefit year, provided such quarters were consecutive and not 458
previously used to establish a prior valid benefit year and provided 459
further, the last most recently worked calendar quarter is not more than 460
twelve calendar quarters prior to the date such individual makes the 461
initiating claim. If the wage information for an individual's most 462
recently worked calendar quarter is unavailable to the administrator 463
from regular quarterly reports of systematically accessible wage 464
information, the administrator shall promptly contact the individual's 465
employer to obtain such wage information. 466
Sec. 12. Subsection (a) of section 31-235 of the general statutes is 467
repealed and the following is substituted in lieu thereof (Effective from 468
passage): 469
(a) An unemployed individual shall be eligible to receive benefits 470
with respect to any week only if it has been found that (1) such 471
individual has made claim for benefits in accordance with the 472
provisions of section 31-240 and has registered for work at the public 473
employment bureau or other agency designated by the administrator 474
within such time limits, with such frequency and in such manner as the 475
administrator may prescribe, provided failure to comply with this 476
condition may be excused by the administrator upon a showing of good 477
cause therefor; (2) except as provided in subsection (b) of this section, 478
such individual is physically and mentally able to work and is available 479
for work and has been and is making reasonable efforts to obtain work, 480
provided the individual shall not be considered to be unavailable for 481
work solely because the individual is attending a school, college or 482
university as a regularly enrolled student during the separation from 483
employment, within the limitations of subdivision (6) of subsection (a) 484
of section 31-236, and provided further, the individual shall not be 485
considered to be lacking in efforts to obtain work if, as a student, such 486
efforts are restricted to employment which does not conflict with the 487
individual's regular class hours as a student, and provided the 488
Raised Bill No. 5384
LCO No. 2014 17 of 18
administrator shall not use prior "patterns of unemployment" of the 489
individual to determine whether the individual is available for work; (3) 490
such individual has been paid wages by an employer who was subject 491
to the provisions of this chapter during the base period of the current 492
benefit year in an amount at least equal to forty times the individual's 493
benefit rate for total unemployment, provided an unemployed 494
individual who is sixty-two years of age or older and is involuntarily 495
retired under a compulsory retirement policy or contract provision shall 496
be eligible for benefits with respect to any week, notwithstanding 497
subdivisions (1) and (2) of this subsection, if it is found by the 498
administrator that the individual has made claim for benefits in 499
accordance with the provisions of section 31-240, has registered for 500
work at the public employment bureau, is physically and mentally able 501
to work, is available for work, meets the requirements of this 502
subdivision and has not refused suitable work to which the individual 503
has been referred by the administrator; (4) such individual participates 504
in reemployment services, such as job search assistance services, if the 505
individual has been determined to be likely to exhaust regular benefits 506
and need reemployment services pursuant to a profiling or 507
reemployment services and eligibility assessment system established by 508
the administrator unless the administrator determines that (A) for 509
purposes of the profiling system only, the individual has completed 510
such services, or (B) there is justifiable cause for the individual's failure 511
to participate in such services. The administrator shall adopt 512
regulations, in accordance with the provisions of chapter 54, for the 513
administration of the reemployment services and eligibility assessment 514
system and the profiling system. For purposes of subdivision (2) of this 515
subsection, "patterns of unemployment" means regularly recurring 516
periods of unemployment of the claimant in the years prior to filing the 517
claim in question. 518
Sec. 13. Sections 31-3a, 31-3g, 31-3u, 31-3ff, 31-3ii, 31-22s and 31-250a 519
of the general statutes are repealed. (Effective from passage) 520
Raised Bill No. 5384
LCO No. 2014 18 of 18
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 10-95h
Sec. 2 from passage 31-3b
Sec. 3 from passage 31-3h
Sec. 4 from passage 31-3j
Sec. 5 from passage 31-3k
Sec. 6 from passage 31-3l
Sec. 7 from passage 31-3n
Sec. 8 from passage 31-3r
Sec. 9 from passage 31-3pp(e)
Sec. 10 from passage 31-22m
Sec. 11 from passage 31-230
Sec. 12 from passage 31-235(a)
Sec. 13 from passage Repealer section
Statement of Purpose:
To make minor and technical changes to Labor Department statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]