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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 ENROLLED
SENATE BILL NO. 594
BY SENATOR CROWE
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) are 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. 23:1552.16
B. Notwithstanding the provisions of R.S. 23:1601, no contributing17
employer's reserve account or reimbursable employer's account shall be18
relieved of any charges for benefits relating to an improper benefit payment to19
a claimant established after October 21, 2013, if the improper benefit payment20
was made because the employer, or an agent of the employer, was at fault for21
failing to respond timely or adequately to the request of the administrator for22
information relating to a claim for benefits.23
C. Any determination under this Section shall be transmitted to the last24
known physical or electronic address provided by the employer and may be25
appealed in accordance with the provisions of R.S. 23:1629 et seq.26
D. The provisions of this Section shall be given retroactive effect to27 SB NO. 594 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
October 21, 2013.1
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§1625.1. Prompt determination of claims; duty of employers3
A. In making determinations of claims, the administrator shall require that4
information necessary for the prompt determination of claims be sought from each5
employer. Employers shall adequately and timely provide wage, employment, and6
separation information, and shall complete all forms and reports as requested needed7
by the administrator or his designee to make a proper determination.8
(1) A response to such requests shall be timely if it is received within ten9
days from the date of mailing the time specified in the notice.10
(2) A response shall be adequate if it provides sufficient facts to enable11
the agency to make the correct determination. A response shall not be12
considered inadequate if the agency failed to ask for all necessary information.13
B.(1) If an employer fails to provide information in a an adequate or timely14
manner without good cause, the employer shall be deemed to have abandoned its15
appeal rights as provided for in R.S. 23:1629 through 1634, and a determination to16
that effect shall be issued. Any appeal filed by such an employer, other than with17
regard to the timeliness or adequacy of fulfilling its obligations in Subsection A of18
this Section, shall be dismissed, and such employer shall be liable for any resulting19
benefits paid, except as provided in Subsection C of this Section. If the employer's20
failure to adequately or timely respond results in an improper benefit payment,21
the employer shall also be subject to the provisions of R.S. 23:1553.1.22
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: