Connecticut 2022 Regular Session

Connecticut Senate Bill SB00315 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 315
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	7	+	General Assembly Raised Bill No. 315
8	8		February Session, 2022
	9	+	LCO No. 2564
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	11	+
	12	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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	14	+
	15	+	Introduced by:
	16	+	(LAB)
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12	21		AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR ADJUNCT
13	22		HIGHER EDUCATION FACULTY.
14	23		Be it enacted by the Senate and House of Representatives in General
15	24		Assembly convened:
16	25
17	26		Section 1. Subsection (d) of section 31-227 of the general statutes is 1
18	27		repealed and the following is substituted in lieu thereof (Effective July 1, 2
19	28		2022): 3
20	29		(d) (1) Benefits based on service in employment defined in 4
21	30		[subdivisions (1) (C) and (D)] subparagraphs (C) and (D) of subdivision 5
22	31		(1) of subsection (a) of section 31-222 shall be payable in the same 6
23	32		amount, on the same terms and subject to the same conditions as 7
24	33		compensation payable on the basis of other service subject to this 8
25	34		chapter; except that [(1)] (A) with respect to weeks of unemployment 9
26	35		beginning after December 31, 1977, benefits shall not be paid based on 10
27	36		service performed in an instructional, research or principal 11
28	37		administrative capacity for an educational institution for any week of 12
29	38		unemployment commencing during the period between two successive 13
30	39		academic years, or during a similar period between two regular terms, 14
31		-	whether or not successive, or during a period of paid sabbatical leave 15
	40	+	whether or not successive, or during a period of paid sabbatical leave 15 Raised Bill No. 315
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32	46		provided for in the individual's contract, to any individual if such 16
33	47		individual performs such services in the first of such academic years [(or 17
34	48		terms)] or terms and if there is a contract or a reasonable assurance that 18
35	49		such individual will perform services in any such capacity for any 19
36		-	educational institution in the second of such academic years or terms 20 Substitute Bill No. 315
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	50	+	educational institution in the second of such academic years or terms 20
43	51		pursuant to the provisions of subdivisions (2) and (3) of this subsection; 21
44	52		[(2)] (B) with respect to weeks of unemployment beginning after 22
45	53		October 29, 1983, for service performed in any other capacity for an 23
46	54		educational institution, benefits shall not be paid on the basis of such 24
47	55		services to any individual for any week which commences during a 25
48	56		period between two successive academic years or terms if such 26
49	57		individual performs such services in the first of such academic years or 27
50	58		terms and there is a reasonable assurance that such individual will 28
51	59		perform such services in the second of such academic years or terms, 29
52	60		except that if benefits are denied to any individual under this 30
53	61		subdivision and such individual is not offered an opportunity to 31
54	62		perform such services for the educational institution for the second of 32
55	63		such academic years or terms, such individual shall be entitled to a 33
56	64		retroactive payment of benefits for each week for which the individual 34
57	65		filed a timely claim for benefits and for which benefits were denied 35
58	66		solely by reason of this subdivision; [(3)] (C) with respect to weeks of 36
59	67		unemployment beginning after March 31, 1984, for services described in 37
60	68		[subdivisions (1) and (2)] subparagraphs (A) and (B) of this subdivision, 38
61	69		benefits shall not be payable on the basis of such services to any 39
62	70		individual for any week which commences during an established and 40
63	71		customary vacation period or holiday recess if such individual performs 41
64	72		such services in the period immediately before such vacation period or 42
65	73		holiday recess and there is a reasonable assurance that such individual 43
66	74		will perform such services in the period immediately following such 44
67	75		vacation period or holiday recess; [(4)] and (D) with respect to weeks of 45
68	76		unemployment beginning after March 31, 1984, for services described in 46
69	77		[subdivisions (1) and (2)] subparagraphs (A) and (B) of this subdivision, 47
70	78		benefits shall not be payable on the basis of such services under the 48
71	79		circumstances prescribed in [subdivisions (1), (2) and (3)] 49
72		-	subparagraphs (A) to (C), inclusive, of this subdivision to any individual 50
	80	+	subparagraphs (A) to (C), inclusive, of this subdivision to any individual 50 Raised Bill No. 315
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73	86		who performed such services in an educational institution while in the 51
74	87		employ of an educational service agency. For purposes of this 52
75	88		subdivision the term "educational service agency" means a 53
76	89		governmental agency or governmental entity which is established and 54
77		-	operated exclusively for the purpose of providing such services to one 55 Substitute Bill No. 315
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	90	+	operated exclusively for the purpose of providing such services to one 55
84	91		or more educational institutions. 56
85	92		(2) With respect to the services performed by an individual in an 57
86	93		instructional, research or principal administrative capacity, as set forth 58
87	94		in subparagraph (A) of subdivision (1) of this subsection, for an 59
88	95		institution of higher education in the state, as defined in section 3-22a, 60
89	96		the administrator, as defined in subsection (c) of section 31-222, shall 61
90	97		determine whether such individual has reasonable assurance of 62
91	98		performing such services in the second of two succeeding academic 63
92	99		years or terms pursuant to the circumstances described in subparagraph 64
93	100		(A) of subdivision (1) of this subsection or in the period immediately 65
94	101		following a customary vacation period or holiday recess pursuant to the 66
95	102		circumstances described in subparagraph (C) of subdivision (1) of this 67
96	103		subsection on a case-by-case basis. Reasonable assurance shall be 68
97	104		established when (A) the institution of higher education has made an 69
98	105		offer of employment to such individual for the second academic year or 70
99	106		term or for the period following a customary vacation period or holiday 71
100	107		recess, whether such offer is written, oral or implied, (B) such offer was 72
101	108		made by an employee of the institution of higher education with 73
102	109		authority to make such offer, (C) such offer is for services in the same 74
103	110		capacity as the services the individual provided in the first academic 75
104	111		year or term or in the period before a customary vacation period or 76
105		-	holiday recess, (D) the ~~salary~~ or ~~wages~~ in the offer of employment are in 77
	112	+	holiday recess, (D) the wages or salary in the offer of employment are in 77
106	113		an amount not less than ninety per cent of the amount paid to such 78
107	114		individual during the first academic year or term or during the period 79
108	115		before a customary vacation period or holiday recess, (E) such offer is 80
109	116		not contingent on factors within the control of the institution of higher 81
110	117		education, including, but not limited to, course programming, 82
111	118		allocation of available funding, program modifications or facility 83
112		-	availability, and (F) it is highly probable that such individual will 84
	119	+	availability, and (F) it is highly probable that such individual will 84 Raised Bill No. 315
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113	125		provide services in the same capacity during the second academic year 85
114	126		or term or during the period following a customary vacation period or 86
115	127		holiday recess based on the totality of circumstances of the case, 87
116	128		including, but not limited to, availability of funding, past enrollment 88
117		-	levels, the individual's level of seniority and the nature of the 89 Substitute Bill No. 315
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	129	+	levels, the individual's level of seniority and the nature of the 89
124	130		contingencies on the offer. 90
125	131		(3) Not later than ten days before the last day of an academic year or 91
126	132		term, each institution of higher education in the state shall submit to the 92
127	133		Labor Department, in the form and manner prescribed by the 93
128	134		administrator, (A) a list of individuals who performed services in an 94
129	135		instructional, research or principal administrative capacity, as set forth 95
130	136		in subparagraph (A) of subdivision (1) of this subsection, for such 96
131	137		institution and who do not have a reasonable assurance of providing 97
132	138		such services in the same capacity during the second academic year or 98
133	139		term or during the period following a customary vacation period or 99
134	140		holiday recess, including such individual's name and Social Security 100
135	141		number, and (B) a list of individuals who performed such services 101
136		-	described in subparagraph (A) of subdivision (1) of this subsection for 102
	142	+	described in subparagraph (A) of subdivision (1) of this subsection, for 102
137	143		such institution and who have a reasonable assurance of providing such 103
138	144		services in the same capacity during the second academic year or term 104
139	145		or during the period following a customary vacation period or holiday 105
140	146		recess. The list described in subparagraph (B) of this subdivision shall 106
141		-	include with it a description of the manner in which reasonable 107
142		-	assurance was provided to each individual, including, but not limited 108
143		-	to, (i) whether an offer was made in writing, orally or implied, (ii) the 109
144		-	nature of any contingencies in the offer, and (iii) the information 110
145		-	communicated to the individual about the offer. Such information may 111
146		-	be considered by the administrator, but shall not, on its own, 112
147		-	demonstrate conclusive evidence regarding reasonable assurance in any 113
148		-	case. The administrator shall consider the failure of any institution to 114
149		-	submit such information as establishing a rebuttable presumption of the 115
150		-	lack of reasonable assurance to an individual of performing the services 116
151		-	described in subparagraph (A) of subdivision (1) of this subsection 117
152		-	during the second academic year or term or during the period following 118
153		-	a customary vacation period or holiday recess. In the event an 119
154		-	institution gives an individual reasonable assurance that is not honored 120
155		-	in the subsequent academic term, unemployment benefits shall be 121
156		-	retroactive to the date of the institution's attestation of reasonable 122
157		-	assurance or the date that attestation of assurance is required. 123 Substitute Bill No. 315
	147	+	include with a description of the manner in which reasonable assurance 107
	148	+	was provided to each individual, including, but not limited to, (i) 108
	149	+	whether an offer was made in writing, orally or implied, (ii) the nature 109
	150	+	of any contingencies in the offer, and (iii) the information communicated 110
	151	+	to the individual about the offer. Such information may be considered 111
	152	+	by the administrator, but shall not, on its own, demonstrate conclusive 112
	153	+	evidence regarding reasonable assurance in any case. The administrator 113
	154	+	shall consider the failure of any institution to submit such information 114
	155	+	as establishing a rebuttable presumption of the lack of reasonable 115
	156	+	assurance to an individual of performing the services described in 116
	157	+	subparagraph (A) of subdivision (1) of this subsection during the second 117
	158	+	academic year or term or during the period following a customary 118 Raised Bill No. 315
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	164	+	vacation period or holiday recess. In the event an institution gives an 119
	165	+	individual reasonable assurance that is not honored in the subsequent 120
	166	+	academic term, unemployment benefits shall be retroactive to the date 121
	167	+	of the institution's attestation of reasonable assurance or the date that 122
	168	+	attestation of assurance is required. 123
164	169		This act shall take effect as follows and shall amend the following
165	170		sections:
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167	172		Section 1 July 1, 2022 31-227(d)
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169		-	Statement of Legislative Commissioners:
170		-	In Section 1(d)(3), "shall include with a description" was changed to
171		-	"shall include with it a description" for clarity.
172		-
173		-	LAB Joint Favorable Subst. -LCO
	174	+	Statement of Purpose:
	175	+	To require the Labor Department to consider specific circumstances
	176	+	when determining whether an individual who performs instructional,
	177	+	research or principal administrative duties at an institution of higher
	178	+	education is eligible to receive unemployment compensation.
	179	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	180	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	181	+	underlined.]
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