Connecticut 2022 Regular Session

Connecticut House Bill HB05030 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 5030
	4	+	LCO No. 349 1 of 5
	5	+
	6	+	General Assembly Raised Bill No. 5030
8	7		February Session, 2022
	8	+	LCO No. 349
9	9
	10	+
	11	+	Referred to Committee on HIGHER EDUCATION AND
	12	+	EMPLOYMENT ADVANCEMENT
	13	+
	14	+
	15	+	Introduced by:
	16	+	(HED)
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14	21		AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR ADJUNCT
15	22		FACULTY.
16	23		Be it enacted by the Senate and House of Representatives in General
17	24		Assembly convened:
18	25
19	26		Section 1. Subsection (d) of section 31-227 of the general statutes is 1
20	27		repealed and the following is substituted in lieu thereof (Effective July 1, 2
21	28		2022): 3
22	29		(d) (1) Benefits based on service in employment defined in 4
23	30		[subdivisions (1) (C) and (D)] subparagraphs (C) and (D) of subdivision 5
24	31		(1) of subsection (a) of section 31-222 shall be payable in the same 6
25	32		amount, on the same terms and subject to the same conditions as 7
26	33		compensation payable on the basis of other service subject to this 8
27	34		chapter; except [that (1)] (A) with respect to weeks of unemployment, 9
28	35		beginning after December 31, 1977, benefits shall not be paid based on 10
29	36		service performed in an instructional, research or principal 11
30	37		administrative capacity for an educational institution for any week of 12
31	38		unemployment commencing during the period between two successive 13
32		-	academic years, or during a similar period between two regular terms, 14
	39	+	academic years, or during a similar period between two regular terms, 14 Raised Bill No. 5030
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	43	+	LCO No. 349 2 of 5
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33	45		whether or not successive, or during a period of paid sabbatical leave 15
34	46		provided for in the individual's contract, to any individual if such 16
35	47		individual performs such services in the first of such academic years [(or 17
36		-	terms)] or terms and if there is a contract or a reasonable assurance that 18 Substitute Bill No. 5030
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	48	+	terms)] or terms and if there is a contract or a reasonable assurance that 18
43	49		such individual will perform services in any such capacity for any 19
44	50		educational institution in the second of such academic years or terms 20
45	51		pursuant to the provisions of subdivisions (2) and (3) of this subsection; 21
46	52		[(2)] (B) with respect to weeks of unemployment beginning after 22
47	53		October 29, 1983, for service performed in any other capacity for an 23
48	54		educational institution, benefits shall not be paid on the basis of such 24
49	55		services to any individual for any week which commences during a 25
50	56		period between two successive academic years or terms if such 26
51	57		individual performs such services in the first of such academic years or 27
52	58		terms and there is a reasonable assurance that such individual will 28
53	59		perform such services in the second of such academic years or terms, 29
54	60		except that if benefits are denied to any individual under this 30
55	61		subdivision and such individual is not offered an opportunity to 31
56	62		perform such services for the educational institution for the second of 32
57	63		such academic years or terms, such individual shall be entitled to a 33
58	64		retroactive payment of benefits for each week for which the individual 34
59	65		filed a timely claim for benefits and for which benefits were denied 35
60	66		solely by reason of this subdivision; [(3)] (C) with respect to weeks of 36
61	67		unemployment beginning after March 31, 1984, for services described in 37
62	68		[subdivisions (1) and (2)] subparagraphs (A) and (B) of this subdivision, 38
63	69		benefits shall not be payable on the basis of such services to any 39
64	70		individual for any week [which] that commences during an established 40
65	71		and customary vacation period or holiday recess if such individual 41
66	72		performs such services in the period immediately before such vacation 42
67	73		period or holiday recess and there is a reasonable assurance that such 43
68	74		individual will perform such services in the period immediately 44
69	75		following such vacation period or holiday recess; [(4)] (D) with respect 45
70	76		to weeks of unemployment beginning after March 31, 1984, for services 46
71	77		described in [subdivisions (1) and (2)] subparagraphs (A) and (B) of this 47
72	78		subdivision, benefits shall not be payable on the basis of such services 48
73		-	under the circumstances prescribed in [subdivisions (1), (2) and (3)] 49
	79	+	under the circumstances prescribed in [subdivisions (1), (2) and (3)] 49 Raised Bill No. 5030
	80	+
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	83	+	LCO No. 349 3 of 5
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74	85		subparagraphs (A) to (C), inclusive, of this subdivision to any individual 50
75	86		who performed such services in an educational institution while in the 51
76	87		employ of an educational service agency. For purposes of this 52
77		-	subdivision, [the term] "educational service agency" means a 53 Substitute Bill No. 5030
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	88	+	subdivision the term "educational service agency" means a 53
84	89		governmental agency or governmental entity [which] that is established 54
85	90		and operated exclusively for the purpose of providing such services to 55
86	91		one or more educational institutions. 56
87	92		(2) With respect to the services performed in an instructional, 57
88	93		research or principal administrative capacity, as set forth in 58
89	94		subparagraph (A) of subdivision (1) of this subsection, by an individual 59
90	95		for an institution of higher education in the state, the administrator, as 60
91	96		defined in subsection (c) of section 31-222, shall determine whether such 61
92	97		individual has reasonable assurance of performing such services in the 62
93	98		second of two succeeding academic years or terms pursuant to the 63
94	99		circumstances prescribed in subparagraph (A) of subdivision (1) of this 64
95	100		subsection or in the period immediately following a customary vacation 65
96	101		period or holiday recess pursuant to the circumstances prescribed in 66
97	102		subparagraph (C) of subdivision (1) of this subsection on a case-by-case 67
98	103		basis. Reasonable assurance shall be established if (A) the institution of 68
99	104		higher education has made an offer of employment to such individual 69
100	105		for the second academic year or term or for the period following a 70
101	106		customary vacation period or holiday recess, whether such offer is 71
102	107		written, oral or implied, (B) such offer was made by an employee of the 72
103	108		institution of higher education with authority to make such offer, (C) 73
104	109		such offer is for services in the same capacity as the services the 74
105	110		individual provided in the first academic year or term or in the period 75
106	111		before a customary vacation period or holiday recess, (D) the wages or 76
107	112		salary in such offer are in an amount not less than ninety per cent of the 77
108		-	amount paid to such individual, in aggregate, by every educational 78
109		-	institution for which such individual worked during the first academic 79
110		-	year or term or during the period before a customary vacation period or 80
111		-	holiday recess, (E) such offer is not contingent on factors within the 81
112		-	control of the institution of higher education, including, but not limited 82
113		-	to, course programming, allocation of available funding, program 83
114		-	modifications or facility availability, and (F) it is highly probable that 84
115		-	such individual will provide services in the same capacity during the 85
116		-	second academic year or term or during the period following a 86
117		-	customary vacation period or holiday recess based on the totality of 87 Substitute Bill No. 5030
	113	+	amount paid to such individual during the first academic year or term 78
	114	+	or during the period before a customary vacation period or holiday 79
	115	+	recess, (E) such offer is not contingent on factors within the control of 80
	116	+	the institution of higher education, including, but not limited to, course 81
	117	+	programming, allocation of available funding, program modifications 82
	118	+	or facility availability, and (F) it is highly probable that such individual 83 Raised Bill No. 5030
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124		-	circumstances of the case, including, but not limited to, availability of 88
125		-	funding, past enrollment levels, the individual's level of seniority and 89
126		-	the nature of the contingencies on the offer. 90
127		-	(3) Not later than ten days before the last day of an academic year or 91
128		-	term, each institution of higher education in the state shall submit to the 92
129		-	Labor Department, in the form and manner prescribed by the 93
130		-	administrator, (A) a list of individuals who performed services in an 94
131		-	instructional, research or principal administrative capacity, as set forth 95
132		-	in subparagraph (A) of subdivision (1) of this subsection, for such 96
133		-	institution and who do not have a reasonable assurance of providing 97
134		-	such services in the same capacity during the second academic year or 98
135		-	term or during the period following a customary vacation period or 99
136		-	holiday recess, including such individual's name and Social Security 100
137		-	number, and (B) a list of individuals who performed such services for 101
138		-	such institution and who have a reasonable assurance of providing such 102
139		-	services in the same capacity during the second academic year or term 103
140		-	or during the period following a customary vacation period or holiday 104
141		-	recess, which list shall include a description of the manner in which 105
142		-	reasonable assurance was provided to such individual, including, but 106
143		-	not limited to, (i) whether an offer was made in writing, orally or 107
144		-	implied, (ii) the nature of any contingencies in the offer, and (iii) the 108
145		-	information about the offer communicated to the individual. Such 109
146		-	information may be considered by the administrator, but shall not, on 110
147		-	its own, demonstrate conclusive evidence regarding reasonable 111
148		-	assurance in any case. The administrator shall consider the failure of any 112
149		-	institution to submit such information as establishing a rebuttable 113
150		-	presumption of the lack of reasonable assurance to an individual of 114
151		-	performing the services described in subparagraph (A) of subdivision 115
152		-	(1) of this subsection during the second academic year or term or during 116
153		-	the period following a customary vacation period or holiday recess. 117
	122	+	LCO No. 349 4 of 5
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	124	+	will provide services in the same capacity during the second academic 84
	125	+	year or term or during the period following a customary vacation period 85
	126	+	or holiday recess based on the totality of circumstances of the case, 86
	127	+	including, but not limited to, availability of funding, past enrollment 87
	128	+	levels, the individual's level of seniority and the nature of the 88
	129	+	contingencies on the offer. 89
	130	+	(3) Not later than ten days before the last day of an academic year or 90
	131	+	term, each institution of higher education in the state shall submit to the 91
	132	+	Labor Department, in the form and manner prescribed by the 92
	133	+	administrator, (A) a list of individuals who performed services in an 93
	134	+	instructional, research or principal administrative capacity, as set forth 94
	135	+	in subparagraph (A) of subdivision (1) of this subsection, for such 95
	136	+	institution and who do not have a reasonable assurance of providing 96
	137	+	such services in the same capacity during the second academic year or 97
	138	+	term or during the period following a customary vacation period or 98
	139	+	holiday recess, including such individual's name and Social Security 99
	140	+	number, and (B) a list of individuals who performed such services for 100
	141	+	such institution and who have a reasonable assurance of providing such 101
	142	+	services in the same capacity during the second academic year or term 102
	143	+	or during the period following a customary vacation period or holiday 103
	144	+	recess, which list shall include a description of the manner in which 104
	145	+	reasonable assurance was provided to such individual, including, but 105
	146	+	not limited to, (i) whether an offer was made in writing, orally or 106
	147	+	implied, (ii) the nature of any contingencies in the offer, and (iii) the 107
	148	+	information about the offer communicated to the individual. Such 108
	149	+	information may be considered by the administrator, but shall not, on 109
	150	+	its own, demonstrate conclusive evidence regarding reasonable 110
	151	+	assurance in any case. The administrator shall consider the failure of any 111
	152	+	institution to submit such information as establishing a rebuttable 112
	153	+	presumption of the lack of reasonable assurance to an individual of 113
	154	+	performing the services described in subparagraph (A) of subdivision 114
	155	+	(1) of this subsection during the second academic year or term or during 115
	156	+	the period following a customary vacation period or holiday recess. 116 Raised Bill No. 5030
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	160	+	LCO No. 349 5 of 5
	161	+
154	162		This act shall take effect as follows and shall amend the following
155	163		sections:
156	164
157		-	Section 1 July 1, 2022 31-227(d) ~~Substitute Bill No. 5030~~
	165	+	Section 1 July 1, 2022 31-227(d)
158	166
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165		-	HED Joint Favorable Subst.
	167	+	Statement of Purpose:
	168	+	To require the Labor Department to consider specific circumstances
	169	+	when determining whether an individual who performs instructional,
	170	+	research or principal administrative duties at an institution of higher
	171	+	education is eligible to receive unemployment compensation.
	172	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	173	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	174	+	underlined.]
166	175