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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 594
BY SENATOR CROWE
UNEMPLOYMENT COMP. Prohibits an employer benefit account being relieved from
payment when the employer failed to timely respond to request for information. (See Act)
AN ACT1
To amend and reenact R.S. 23:1625.1(A)and (B) and to enact R.S. 23:1553.1, relative to2
unemployment compensation; to provide for the determination of claims; to provide3
for payment of benefits; to provide for prohibitions for noncharging under certain4
circumstances; to provide for definitions; to provide for retroactive effect; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:1625.1(A) and (B) is hereby amended and reenacted and R.S.8
23:1553.1 is hereby enacted to read as follows:9
§1553.1. Prohibitions of noncharging due to employer fault10
A. As used in this Section, the following words, terms and phrases shall11
have the meaning ascribed to them in this Section:12
(1) "Employer's reserve account" means that account which contains13
the employer's reserve as provided for in R.S. 23:1536(D)(1).14
(2) "Reimbursable employer's account" means that accounting method15
provided for in R.S. 23:1552(A).16
B. Notwithstanding the provisions of R.S. 23:1601 and R.S. 23:1625.1,17 SB NO. 594
SLS 14RS-897 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
no contributing employer's reserve account or reimbursable employer's account1
shall be relieved of any charges for benefits relating to an improper benefit2
payment to a claimant established after October 21, 2013, if the improper3
benefit payment was made because the employer, or an agent of the employer,4
was at fault for failing to respond timely or adequately to the request of the5
administrator for information relating to a claim for benefits.6
C. Any determination under this Section shall be transmitted to the last7
known physical or electronic address provided by the employer and may be8
appealed in accordance with the provisions of R.S. 23:1629 et seq.9
D. The provisions of this Section shall be given retroactive effect to10
October 21, 2013.11
* * *12
§1625.1. Prompt determination of claims; duty of employers13
A. In making determinations of claims, the administrator shall require that14
information necessary for the prompt determination of claims be sought from each15
employer. Employers shall adequately and timely provide wage, employment, and16
separation information, and shall complete all forms and reports as requested by the17
administrator or his designee.18
(1) A response to such requests shall be timely if it is received within ten19
days from the date of mailing.20
(2) A response is adequate if it provides sufficient facts to enable the21
agency to make the correct determination. A response may not be considered22
inadequate if the agency failed to ask for all necessary information.23
B.(1) If an employer fails to provide information in a an adequate and24
timely manner without good cause, the employer shall be deemed to have abandoned25
its appeal rights as provided for in R.S. 23:1629 through 1634, and a determination26
to that effect shall be issued. Any appeal filed by such an employer, other than with27
regard to the timeliness of fulfilling its obligations in Subsection A of this Section,28
shall be dismissed, and such employer shall be liable for any resulting benefits paid,29 SB NO. 594
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
except as provided in Subsection C of this Section. If the employer's failure to1
adequately or timely respond results in an improper benefit payment, the2
employer shall also be subject to the provisions of R.S. 23:1553.1.3
* * *4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Crowe (SB 594)
Present law provides that a former employee can be disqualified for unemployment benefits
under certain circumstances.
Present law provides that when a former employee is disqualified from receiving
unemployment benefits, the employer's experience rating account shall not be charged under
certain circumstances so long as the employer timely filed notice.
Present law provides that in making determinations of unemployment claims, the
administrator shall require that information necessary for the prompt determination of claims
be sought from each employer. Present law provides that a response to such requests shall
be timely if it is received within 10 days from the date of mailing.
Proposed law retains present law but provides that a response is adequate if it provides
sufficient facts to enable the agency to make the correct determination.
Proposed law provides that a response may not be considered inadequate if the agency failed
to ask for all necessary information.
Proposed law provides that no contributing employer's reserve account or reimbursable
employer's account shall be relieved of any charges for benefits relating to an improper
benefit payment to a claimant established after October 21, 2013, if the improper benefit
payment was made because the employer, or an agent of the employer, was at fault for
failing to respond timely or adequately to the request of the administrator for information
relating to a claim for benefits.
Proposed law provides the following definitions:
(1)"Employer's reserve account" means that employer's account which contains the
amounts of money held in reserve to pay unemployment benefit claims to covered
individuals who were employed by the employer.
(2)"Reimbursable employer's account" means that accounting method used by the
unemployment administrator to invoice the state, its political subdivisions, nonprofit
organizations, and Indian tribes or tribal units for unemployment benefits paid to
covered individuals who were employed by such entities.
Effective retroactively to October 21, 2013.
(Amends R.S. 23:1625.1(A) and (B); adds R.S. 23:1553.1)