Crowe (SB 594) Act No. 497
Prior law provided that a former employee can be disqualified for unemployment benefits
under certain circumstances.
Prior law provided 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.
Prior law provided 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. Prior law provided that a response to such requests shall be timely if
it is received within 10 days of mailing
New law changes the time in which to respond to the notice from 10 days from the date of
mailing to the time specified in the notice.
Prior law provided that the employer must complete all forms and reports that are requested
by the administrator of the office of workers' compensation.
New law changes the requirement that forms be completed by employers from "as requested"
to "as needed".
New law retains prior law but provides that a response is adequate if it provides sufficient
facts to enable the agency to make the correct determination.
New law provides that a response may not be considered inadequate if the agency failed to
ask for all necessary information.
New 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.
New 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 unemploym ent benefits paid to
covered individuals who were employed by such entities.
Effective August 1, 2014.
(Amends R.S. 23:1625.1(A) and (B); adds R.S. 23:1553.1)