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repealed and the following is substituted in lieu thereof (Effective July 1, 2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