HLS 21RS-944 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 610
BY REPRESENTATIVE LYONS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
UNEMPLOYMENT COMP: Provides relative to the maximum weekly benefit amount and
creates a back-to-work enhancement program
1 AN ACT
2To amend and reenact R.S. 23:1474(G)(3)(b) and (I) and 1592(E) and to enact R.S. 23:1475,
3 relative to unemployment compensation; to provide for the maximum weekly benefit
4 amount; to provide for the formula for computation of benefits; to create a back-to-
5 work enhancement program; to require employment verification; to provide
6 eligibility and requirements to participate in the back-to-work enhancement program;
7 to provide for a qualifying period; to require the Louisiana Workforce Commission
8 and Louisiana Department of Treasury to administer the program; to provide for the
9 promulgations of rules and regulations; to provide for an effective date; to change
10 the determination for the maximum weekly benefit amount; and to provide for
11 related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 23:1474(G)(3)(b) and (I) and 1592(E) are hereby amended and
14reenacted and R.S.23:1475 is hereby enacted to read as follows:
15 §1474. Administrator; Revenue Estimating Conference; "wages"; weekly benefit
16 amounts
17 * * *
18 G.
19 * * *
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HB NO. 610
1 (3)
2 * * *
3 (b) He shall thereupon apply, in compliance with this Section, the proper
4 procedure from the table in Subsection I of this Section to such next calendar year
5 beginning January first for maximum dollar amount of "wages", maximum weekly
6 benefit amount, with any applicable discounts under R.S. 23:1592, and publish
7 annually the formula for computation of benefits.
8 * * *
9 I. The following table shall be applied by the administrator subsequent to his
10 determination of comparative balance and applied trust fund balance range, in
11 compliance with this Section:
12 ProcedureApplied Trust
Fund
Balance Range
Maximum
Dollar Amount
of "wages"
under R.S.
23:1474
Formula for
Computation
of Benefits
Maximum
Weekly
Benefit
Amount
13 1 Less than seven
hundred fifty
million dollars
Eight thousand
five hundred
dollars
Apply R.S. 23:1592
without seven
percent discount
under R.S.
23:1592(D), then
multiply by 1.05
and then multiply
such amount by
1.03 to formula for
computation of
benefits
Two hundred
twenty-one
forty-nine
dollars
14 2 Equal to or
greater than
seven hundred
fifty million
dollars but less
than one billion
one hundred fifty
million dollars
Seven
thousand
seven hundred
dollars
Apply R.S. 23:1592
without seven
percent discount
under R.S.
23:1592(C) and
without five
percent discount
under R.S.
23:1592(D), then
multiply such
amount by 1.05 and
then multiply such
amount by 1.15 to
formula for
computation of
benefits
Two hundred
forty-seven
seventy-five
dollars
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HB NO. 610
1 3 Equal to or
greater than one
billion one
hundred fifty
million dollars
but less than one
billion four
hundred million
dollars
Seven
thousand
dollars
Apply R.S. 23:1592
without seven
percent discount
under R.S.
23:1592(C) and
without five
percent discount
under R.S.
23:1592(D), then
multiply such
amount by 1.05 and
then multiply such
amount by 1.20 to
formula for
computation of
benefits
Two hundred
fifty-eight
eighty-two
dollars
2 4 Greater than one
billion four
hundred million
dollars
Seven
thousand
dollars
Apply R.S. 23:1592
without seven
percent discount
under R.S.
23:1592(C) and
without five
percent discount
under R.S.
23:1592(D), then
multiply such
amount by 1.05 and
then multiply such
amount by 1.32 to
formula for
computation of
benefits
Two hundred
eighty-four
Three
hundred
twelve
dollars
3 * * *
4 §1475. Back-to-work enhancement program
5 A. The Louisiana Workforce Commission may make a one-time lump sum
6 payment to each individual who was eligible to receive Federal Pandemic
7 Unemployment Compensation and who meets all of the following requirements:
8 (1) The individual was eligible for Federal Pandemic Unemployment
9 Compensation for any week beginning after the date of enactment of this Act.
10 (2) The individual is no longer eligible, as determined by the Louisiana
11 Workforce Commission, to receive Federal Pandemic Unemployment Compensation
12 as a result of earnings due to being employed.
13 (3) The individual was verified by his employer pursuant to Subsection E of
14 this Section.
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HB NO. 610
1 (4) The individual is employed for wages equivalent to an annual salary of
2 not more than seventy-five thousand dollars and he remains employed with an intent
3 to continue such employment.
4 (5) The employee has not previously received a back-to-work incentive
5 pursuant to this Section.
6 B.(1) A payment made to an individual pursuant to this Section shall be paid
7 in a lump sum amount of one thousand dollars, if the individual, on average, has
8 worked at least thirty hours or more per week during the qualifying period.
9 (2) A payment made to an individual pursuant to this Section shall be paid
10 in a lump sum amount of five hundred dollars, if the individual, on average, has
11 worked at least ten hours or more per week, but not more than twenty hours in a
12 week, during the qualifying period.
13 C. For the purpose of this Section, the term "qualifying period" means, with
14 respect to an individual, a period beginning on the date the individual commenced
15 employment and extending at least twenty-four consecutive weeks from such date.
16 D. No lump sum payment may be made to any individual pursuant to this
17 Section with respect to a qualifying period beginning on or after July 1, 2021.
18 E. Before making a lump sum payment to an individual pursuant to this
19 Section, the Louisiana Workforce Commission shall require verification from the
20 individual's employer all of the following:
21 (1) The individual's employment status.
22 (2) The wages paid to the individual during the qualifying period.
23 (3) The hours the individual worked during the qualifying period.
24 F.(1) The Louisiana Workforce Commission may not provide more than one
25 payment pursuant to this Section to an individual.
26 (2) The Louisiana Workforce Commission may not provide unemployment
27 benefits to a qualifying individual for a period of twenty-six weeks following
28 acceptance of a back-to-work incentive.
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HB NO. 610
1 G. The Louisiana Department of Treasury, in conjunction with the Louisiana
2 Workforce Commission, shall administer the program and distribute the funds from
3 the state's unemployment trust fund.
4 H. The Louisiana Department of Treasury and the Louisiana Workforce
5 Commission, respectively, shall promulgate rules and regulations necessary for the
6 implementation of this Section.
7 * * *
8 §1592. Weekly benefit amount
9 * * *
10 E. In no event shall the weekly amount paid under this Section be more than
11 two hundred eighty four three hundred twelve dollars.
12 * * *
13 Section 2. This Act shall become effective on January 1, 2022.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 610 Engrossed 2021 Regular Session Lyons
Abstract: Provides relative to the maximum weekly benefit amount for unemployment
benefits and creates a back-to-work enhancement program.
Present law provides that the administrator shall apply the proper procedure found in present
law to the next calendar year beginning January 1
st
for maximum dollar amount of "wages",
maximum weekly benefit amount, with any applicable discounts under present law, and the
formula for computation of benefits.
Proposed law provides that the administrator shall apply the proper procedure found in
present law to the next calendar year beginning January 1
st
for maximum dollar amount of
"wages", the maximum weekly benefit amount, with any applicable discounts under present
law, and publish annually the formula for computation of benefits.
Present law provides a table, containing different categories such as, the different
procedures, applied trust fund balance range, maximum dollar amount of "wages", the
formula for computation of benefits, and the maximum weekly benefit amount, that the
administrator shall apply when making the determination for the comparative balance and
applied trust fund balance range.
Present law provides in the table found in present law the formula for computation of
benefits, which is to apply present law without the seven percent discount found in present
law and then multiply by one point five percent and then multiply such amount by one point
three percent.
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HB NO. 610
Proposed law deletes the multiplication portion of the formula calculation and instead adds
the phrase "to formula for computation of benefits".
Present law establishes the procedure which shall be applied by the administrator in
determining the maximum weekly benefit amount.
(1)Procedure 1: When the applied trust fund balance is less than $750 million, the
maximum benefit amount is $221.
(2)Procedure 2: When the applied trust fund balance is equal to or greater than $750
million but less than $1.15 billion, the maximum weekly benefit amount is $247.
(3)Procedure 3: When the applied trust fund balance is equal to or greater than $1.15
billion but less than $1.4 billion, the maximum benefit amount is $258.
(4)Procedure 4: When the applied trust fund balance is greater than $1.4 billion, the
maximum benefit amount is $284.
Proposed law changes Procedure 1 by increasing the weekly maximum benefit amount from
$221 to $249.
Proposed law changes Procedure 2 by increasing the weekly maximum benefit amount from
$247 to $275.
Proposed law changes Procedure 3 by increasing the weekly maximum benefit amount from
$258 to $282.
Proposed law changes Procedure 4 by increasing the weekly maximum benefit amount from
$284 to $312.
Present law provides that in no event shall the weekly amount paid exceed $284.
Proposed law increases the weekly benefit amount from $284 to $312.
Proposed law creates a back-to-work enhancement program.
Proposed law provides that the Louisiana Workforce Commission (LWC) may make a one-
time lump sum payment to each individual who was eligible to receive Federal Pandemic
Unemployment Compensation and who meets all of the following requirements:
(1)The individual was eligible for Federal Pandemic Unemployment Compensation for
any week beginning after the date of enactment of proposed law.
(2)The individual is no longer eligible, as determined by the LWC, to receive Federal
Pandemic Unemployment Compensation as a result of earnings due to being
employed.
(3)The individual was verified by his employer pursuant to proposed law.
(4)The individual is employed for wages equivalent to an annual salary of not more than
$75,000 and he remains employed with an intent to continue such employment.
(5)The employee has not previously received a back-to-work incentive pursuant to
proposed law.
Proposed law provides that if an individual, on average, has worked at least 30 hours or
more per week during the qualifying period, he shall be paid $1000 in a lump sum amount.
Proposed law further provides that if an individual, on average, has worked at least 10 hours
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HB NO. 610
or more in a week, but not more than 20 hours per week, during the qualifying period, he
shall be paid in a lump sum amount of $500.
Proposed law provides that for the purpose of proposed law, the term "qualifying period"
means, with respect to an individual, a period beginning on the date the individual
commenced employment and extending at least 24 consecutive weeks from such date.
Proposed law provides that no lump sum payment may be made to any individual pursuant
to proposed law with respect to a qualifying period beginning on or after July 1, 2021.
Proposed law provides that before making a lump sum payment to an individual pursuant
to proposed law, the LWC shall require verification from the individual's employer all of the
following:
(1)The individual's employment status.
(2)The wages paid to the individual during the qualifying period.
(3)The hours the individual worked during the qualifying period.
Proposed law provides that the LWC may not provide more than one payment to an
individual. Proposed law further provides that the LWC may not provide unemployment
benefits to a qualifying individual for a period of 26 weeks following acceptance of a back-
to-work incentive.
Proposed law provides that the La. Dept. of Treasury, in conjunction with the LWC, shall
administer the program and distribute the funds from the state's unemployment trust fund.
Proposed law further provides that the La. Dept. of Treasury and the LWC, respectively,
shall promulgate rules and regulations necessary for the implementation of proposed law.
(Amends R.S. 23:1474(G)(3)(b) and (I) and 1592(E); Adds R.S. 23:1475)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill:
1. Make technical changes.
2. Delete proposed law that created a new determination for the maximum weekly
benefit amount.
3. Change how the formula for computation of benefits is applied and calculated.
4. Provide an effective date of January 1, 2022.
5. Provide for an increase in the maximum weekly benefit amount.
6. Restore provisions in present law that referred to the weekly benefit amount.
7. Create a back-to-work enhancement program to provide a monetary incentive for
individuals who meet certain requirements.
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