1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 8 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR BERNSKOETTER. |
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8 | 8 | | 0567S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 288.060 as enacted by house bill no. 150, ninety-eighth general assembly, first |
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11 | 11 | | regular session, and section 288.060 as enacted by house bill no. 163, ninety-sixth |
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12 | 12 | | general assembly, first regular session, and to enact in lieu thereof one new section |
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13 | 13 | | relating to the duration of unemployment benefits. |
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14 | 14 | | |
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15 | 15 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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16 | 16 | | Section A. Section 288.060 as enacted by house bill no. 1 |
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17 | 17 | | 150, ninety-eighth general assembly, first regular session, and 2 |
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18 | 18 | | section 288.060 as enacted by house bill no. 163, ninety -sixth 3 |
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19 | 19 | | general assembly, first regular session , are repealed and one 4 |
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20 | 20 | | new section enacted in lieu thereof, to be known as section 5 |
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21 | 21 | | 288.060, to read as follows:6 |
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22 | 22 | | [288.060. 1. All benefits shall be paid 1 |
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23 | 23 | | through employment offices in accordance with 2 |
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24 | 24 | | such regulations as the division may prescribe. 3 |
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25 | 25 | | 2. Each eligible insured worker who is 4 |
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26 | 26 | | totally unemployed in any week shall be paid for 5 |
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27 | 27 | | such week a sum equal to his or her weekly 6 |
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28 | 28 | | benefit amount. 7 |
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29 | 29 | | 3. Each eligible insured worker who is 8 |
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30 | 30 | | partially unemployed in any week shall be paid 9 |
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31 | 31 | | for such week a partial benefit. Such partial 10 |
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32 | 32 | | benefit shall be an amount equal to the 11 |
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33 | 33 | | difference between his or her weekly benefit 12 |
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34 | 34 | | amount and that part of his or her wages for 13 |
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35 | 35 | | such week in excess of twenty dollars, and, if 14 |
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36 | 36 | | such partial benefit amount is no t a multiple of 15 |
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37 | 37 | | one dollar, such amount shall be reduced to the 16 |
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38 | 38 | | nearest lower full dollar amount. For calendar 17 SB 8 2 |
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39 | 39 | | year 2007 and each year thereafter, such partial 18 |
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40 | 40 | | benefit shall be an amount equal to the 19 |
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41 | 41 | | difference between his or her weekly benefit 20 |
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42 | 42 | | amount and that part of his or her wages for 21 |
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43 | 43 | | such week in excess of twenty dollars or twenty 22 |
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44 | 44 | | percent of his or her weekly benefit amount, 23 |
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45 | 45 | | whichever is greater, and, if such partial 24 |
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46 | 46 | | benefit amount is not a multiple of one dollar, 25 |
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47 | 47 | | such amount shall be reduc ed to the nearest 26 |
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48 | 48 | | lower full dollar amount. Pay received by an 27 |
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49 | 49 | | eligible insured worker who is a member of the 28 |
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50 | 50 | | organized militia for training or duty 29 |
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51 | 51 | | authorized by Section 502(a)(1) of Title 32, 30 |
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52 | 52 | | United States Code, shall not be considered 31 |
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53 | 53 | | wages for the purpose of this subsection. 32 |
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54 | 54 | | 4. The division shall compute the wage 33 |
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55 | 55 | | credits for each individual by crediting him or 34 |
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56 | 56 | | her with the wages paid to him or her for 35 |
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57 | 57 | | insured work during each quarter of his or her 36 |
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58 | 58 | | base period or twenty -six times his or her 37 |
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59 | 59 | | weekly benefit amount, whichever is the lesser. 38 |
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60 | 60 | | In addition, if a claimant receives wages in the 39 |
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61 | 61 | | form of termination pay or severance pay and 40 |
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62 | 62 | | such payment appears in a base period 41 |
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63 | 63 | | established by the filing of an initial claim, 42 |
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64 | 64 | | the claimant may, at his or her option, choose 43 |
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65 | 65 | | to have such payment included in the calendar 44 |
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66 | 66 | | quarter in which it was paid or choose to have 45 |
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67 | 67 | | it prorated equally among the quarters 46 |
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68 | 68 | | comprising the base period of the claim. For 47 |
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69 | 69 | | the purpose of this section, wages shall be 48 |
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70 | 70 | | counted as wage credits for any benefit year, 49 |
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71 | 71 | | only if such benefit year begins subsequent to 50 |
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72 | 72 | | the date on which the employing unit by whom 51 |
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73 | 73 | | such wages were paid has become an employer. 52 |
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74 | 74 | | The wage credits of an individual earned during 53 |
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75 | 75 | | the period commencing with the end of a prior 54 |
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76 | 76 | | base period and ending on the date on which he 55 |
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77 | 77 | | or she filed an allowed initial claim shall not 56 |
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78 | 78 | | be available for benefit purposes in a 57 |
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79 | 79 | | subsequent benefit year unless, in addition 58 |
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80 | 80 | | thereto, such individual has subsequently ear ned 59 |
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81 | 81 | | either wages for insured work in an amount equal 60 |
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82 | 82 | | to at least five times his or her current weekly 61 SB 8 3 |
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83 | 83 | | benefit amount or wages in an amount equal to at 62 |
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84 | 84 | | least ten times his or her current weekly 63 |
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85 | 85 | | benefit amount. 64 |
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86 | 86 | | 5. The duration of benefits payable to any 65 |
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87 | 87 | | insured worker during any benefit year shall be 66 |
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88 | 88 | | limited to: 67 |
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89 | 89 | | (1) Twenty weeks if the Missouri average 68 |
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90 | 90 | | unemployment rate is nine percent or higher; 69 |
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91 | 91 | | (2) Nineteen weeks if the Missouri average 70 |
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92 | 92 | | unemployment rate is between eight and one -half 71 |
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93 | 93 | | percent and nine percent; 72 |
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94 | 94 | | (3) Eighteen weeks if the Missouri average 73 |
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95 | 95 | | unemployment rate is eight percent up to and 74 |
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96 | 96 | | including eight and one -half percent; 75 |
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97 | 97 | | (4) Seventeen weeks if the Missouri 76 |
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98 | 98 | | average unemployment rate is between seven and 77 |
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99 | 99 | | one-half percent and eight percent; 78 |
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100 | 100 | | (5) Sixteen weeks if the Missouri average 79 |
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101 | 101 | | unemployment rate is seven percent up to and 80 |
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102 | 102 | | including seven and one -half percent; 81 |
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103 | 103 | | (6) Fifteen weeks if the Missouri average 82 |
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104 | 104 | | unemployment rate is between six and o ne-half 83 |
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105 | 105 | | percent and seven percent; 84 |
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106 | 106 | | (7) Fourteen weeks if the Missouri average 85 |
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107 | 107 | | unemployment rate is six percent up to and 86 |
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108 | 108 | | including six and one -half percent; 87 |
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109 | 109 | | (8) Thirteen weeks if the Missouri average 88 |
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110 | 110 | | unemployment rate is below six percent. 89 |
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111 | 111 | | As used in this subsection, the phrase "Missouri 90 |
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112 | 112 | | average unemployment rate" means the average of 91 |
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113 | 113 | | the seasonally adjusted statewide unemployment 92 |
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114 | 114 | | rates as published by the United States 93 |
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115 | 115 | | Department of Labor, Bureau of Labor Statistics, 94 |
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116 | 116 | | for the time periods of January first through 95 |
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117 | 117 | | March thirty-first and July first through 96 |
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118 | 118 | | September thirtieth. The average of the 97 |
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119 | 119 | | seasonally adjusted statewide unemployment rates 98 |
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120 | 120 | | for the time period of January first through 99 |
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121 | 121 | | March thirty-first shall be effective on and 100 |
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122 | 122 | | after July first of each year and shall be 101 |
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123 | 123 | | effective through December thirty -first. The 102 |
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124 | 124 | | average of the seasonally adjusted statewide 103 |
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125 | 125 | | unemployment rates for the time period of July 104 |
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126 | 126 | | first through September thirtieth shall be 105 SB 8 4 |
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127 | 127 | | effective on and after Ja nuary first of each 106 |
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128 | 128 | | year and shall be effective through June 107 |
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129 | 129 | | thirtieth; and 108 |
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130 | 130 | | (9) The provisions of this subsection 109 |
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131 | 131 | | shall become effective January 1, 2016. 110 |
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132 | 132 | | 6. In the event that benefits are due a 111 |
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133 | 133 | | deceased person and no petition has been filed 112 |
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134 | 134 | | for the probate of the will or for the 113 |
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135 | 135 | | administration of the estate of such person 114 |
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136 | 136 | | within thirty days after his or her death, the 115 |
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137 | 137 | | division may by regulation provide for the 116 |
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138 | 138 | | payment of such benefits to such person or 117 |
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139 | 139 | | persons as the division finds ent itled thereto 118 |
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140 | 140 | | and every such payment shall be a valid payment 119 |
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141 | 141 | | to the same extent as if made to the legal 120 |
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142 | 142 | | representatives of the deceased. 121 |
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143 | 143 | | 7. The division is authorized to cancel 122 |
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144 | 144 | | any benefit warrant remaining outstanding and 123 |
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145 | 145 | | unpaid one year after the date of its issuance 124 |
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146 | 146 | | and there shall be no liability for the payment 125 |
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147 | 147 | | of any such benefit warrant thereafter. 126 |
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148 | 148 | | 8. The division may establish an 127 |
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149 | 149 | | electronic funds transfer system to transfer 128 |
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150 | 150 | | directly to claimants' accounts in financial 129 |
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151 | 151 | | institutions benefits payable to them pursuant 130 |
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152 | 152 | | to this chapter. To receive benefits by 131 |
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153 | 153 | | electronic funds transfer, a claimant shall 132 |
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154 | 154 | | satisfactorily complete a direct deposit 133 |
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155 | 155 | | application form authorizing the division to 134 |
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156 | 156 | | deposit benefit payments into a designate d 135 |
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157 | 157 | | checking or savings account. Any electronic 136 |
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158 | 158 | | funds transfer system created pursuant to this 137 |
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159 | 159 | | subsection shall be administered in accordance 138 |
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160 | 160 | | with regulations prescribed by the division. 139 |
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161 | 161 | | 9. The division may issue a benefit 140 |
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162 | 162 | | warrant covering more t han one week of benefits. 141 |
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163 | 163 | | 10. Prior to January 1, 2005, the division 142 |
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164 | 164 | | shall institute procedures including, but not 143 |
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165 | 165 | | limited to, name, date of birth, and Social 144 |
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166 | 166 | | Security verification matches for remote claims 145 |
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167 | 167 | | filing via the use of telephone or the internet 146 |
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168 | 168 | | in accordance with such regulations as the 147 |
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169 | 169 | | division shall prescribe. At a minimum, the 148 |
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170 | 170 | | division shall verify the Social Security number 149 SB 8 5 |
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171 | 171 | | and date of birth when an individual claimant 150 |
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172 | 172 | | initially files for unemployment insurance 151 |
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173 | 173 | | benefits. If verification information does not 152 |
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174 | 174 | | match what is on file in division databases to 153 |
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175 | 175 | | what the individual is stating, the division 154 |
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176 | 176 | | shall require the claimant to submit a division - 155 |
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177 | 177 | | approved form requesting an affidavit of 156 |
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178 | 178 | | eligibility prior to the payment of a dditional 157 |
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179 | 179 | | future benefits. The division of employment 158 |
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180 | 180 | | security shall cross -check unemployment 159 |
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181 | 181 | | compensation applicants and recipients with 160 |
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182 | 182 | | Social Security Administration data maintained 161 |
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183 | 183 | | by the federal government at least weekly. The 162 |
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184 | 184 | | division of employment security shall cross - 163 |
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185 | 185 | | check at least monthly unemployment compensation 164 |
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186 | 186 | | applicants and recipients with department of 165 |
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187 | 187 | | revenue drivers license databases. ] 166 |
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188 | 188 | | 288.060. 1. All benefits shall be paid through 1 |
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189 | 189 | | employment offices in acco rdance with such regulations as 2 |
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190 | 190 | | the division may prescribe. 3 |
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191 | 191 | | 2. Each eligible insured worker who is totally 4 |
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192 | 192 | | unemployed in any week shall be paid for such week a sum 5 |
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193 | 193 | | equal to his or her weekly benefit amount. 6 |
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194 | 194 | | 3. Each eligible insured worker wh o is partially 7 |
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195 | 195 | | unemployed in any week shall be paid for such week a partial 8 |
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196 | 196 | | benefit. Such partial benefit shall be an amount equal to 9 |
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197 | 197 | | the difference between his or her weekly benefit amount and 10 |
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198 | 198 | | that part of his or her wages for such week in excess of 11 |
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199 | 199 | | twenty dollars, and, if such partial benefit amount is not a 12 |
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200 | 200 | | multiple of one dollar, such amount shall be reduced to the 13 |
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201 | 201 | | nearest lower full dollar amount. For calendar year 2007 14 |
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202 | 202 | | and each year thereafter, such partial benefit shall be an 15 |
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203 | 203 | | amount equal to the difference between his or her weekly 16 |
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204 | 204 | | benefit amount and that part of his or her wages for such 17 |
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205 | 205 | | week in excess of twenty dollars or twenty percent of his or 18 |
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206 | 206 | | her weekly benefit amount, whichever is greater, and, if 19 SB 8 6 |
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207 | 207 | | such partial benefit amount is n ot a multiple of one dollar, 20 |
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208 | 208 | | such amount shall be reduced to the nearest lower full 21 |
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209 | 209 | | dollar amount. Termination pay, severance pay, or Pay 22 |
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210 | 210 | | received by an eligible insured worker who is a member of 23 |
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211 | 211 | | the organized militia for training or duty authorized b y 24 |
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212 | 212 | | Section 502(a)(1) of Title 32, United States Code, shall not 25 |
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213 | 213 | | be considered wages for the purpose of this subsection. 26 |
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214 | 214 | | 4. The division shall compute the wage credits for 27 |
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215 | 215 | | each individual by crediting him or her with the wages paid 28 |
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216 | 216 | | to him or her for insured work during each quarter of his or 29 |
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217 | 217 | | her base period or twenty -six times his or her weekly 30 |
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218 | 218 | | benefit amount, whichever is the lesser. In addition, if a 31 |
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219 | 219 | | claimant receives wages in the form of termination pay or 32 |
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220 | 220 | | severance pay and such payment appe ars in a base period 33 |
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221 | 221 | | established by the filing of an initial claim, the claimant 34 |
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222 | 222 | | may, at his or her option, choose to have such payment 35 |
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223 | 223 | | included in the calendar quarter in which it was paid or 36 |
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224 | 224 | | choose to have it prorated equally among the quarters 37 |
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225 | 225 | | comprising the base period of the claim. The maximum total 38 |
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226 | 226 | | amount of benefits payable to any insured worker during any 39 |
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227 | 227 | | benefit year shall not exceed twenty times his or her weekly 40 |
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228 | 228 | | benefit amount, or thirty -three and one-third percent of his 41 |
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229 | 229 | | or her wage credits, whichever is the lesser. For the 42 |
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230 | 230 | | purpose of this section, wages shall be counted as wage 43 |
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231 | 231 | | credits for any benefit year, only if such benefit year 44 |
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232 | 232 | | begins subsequent to the date on which the employing unit by 45 |
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233 | 233 | | whom such wages were paid has become a n employer. The wage 46 |
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234 | 234 | | credits of an individual earned during the period commencing 47 |
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235 | 235 | | with the end of a prior base period and ending on the date 48 |
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236 | 236 | | on which he or she filed an allowed initial claim shall not 49 |
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237 | 237 | | be available for benefit purposes in a subsequent benefit 50 |
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238 | 238 | | year unless, in addition thereto, such individual has 51 SB 8 7 |
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239 | 239 | | subsequently earned either wages for insured work in an 52 |
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240 | 240 | | amount equal to at least five times his or her current 53 |
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241 | 241 | | weekly benefit amount or wages in an amount equal to at 54 |
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242 | 242 | | least ten times his or her current weekly benefit amount. 55 |
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243 | 243 | | 5. (1) The duration of benefits payable to any 56 |
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244 | 244 | | insured worker during any benefit year shall be limited to: 57 |
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245 | 245 | | (a) Twenty weeks if the Missouri unemployment rate is 58 |
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246 | 246 | | higher than nine percent; 59 |
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247 | 247 | | (b) Nineteen weeks if the Missouri unemployment rate 60 |
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248 | 248 | | is higher than eight and one -half percent but no higher than 61 |
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249 | 249 | | nine percent; 62 |
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250 | 250 | | (c) Eighteen weeks if the Missouri unemployment rate 63 |
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251 | 251 | | is higher than eight percent but no higher than eight and 64 |
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252 | 252 | | one-half percent; 65 |
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253 | 253 | | (d) Seventeen weeks if the Missouri unemployment rate 66 |
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254 | 254 | | is higher than seven and one -half percent but no higher than 67 |
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255 | 255 | | eight percent; 68 |
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256 | 256 | | (e) Sixteen weeks if the Missouri unemployment rate is 69 |
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257 | 257 | | higher than seven percent but no higher than seven and on e- 70 |
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258 | 258 | | half percent; 71 |
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259 | 259 | | (f) Fifteen weeks if the Missouri unemployment rate is 72 |
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260 | 260 | | higher than six and one -half percent but no higher than 73 |
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261 | 261 | | seven percent; 74 |
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262 | 262 | | (g) Fourteen weeks if the Missouri unemployment rate 75 |
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263 | 263 | | is higher than six percent but no higher than six and one- 76 |
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264 | 264 | | half percent; 77 |
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265 | 265 | | (h) Thirteen weeks if the Missouri unemployment rate 78 |
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266 | 266 | | is higher than five and one -half percent but no higher than 79 |
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267 | 267 | | six percent; 80 |
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268 | 268 | | (i) Twelve weeks if the Missouri unemployment rate is 81 |
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269 | 269 | | higher than five percent but no h igher than five and one - 82 |
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270 | 270 | | half percent; 83 SB 8 8 |
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271 | 271 | | (j) Eleven weeks if the Missouri unemployment rate is 84 |
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272 | 272 | | higher than four and one -half percent but no higher than 85 |
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273 | 273 | | five percent; 86 |
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274 | 274 | | (k) Ten weeks if the Missouri unemployment rate is 87 |
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275 | 275 | | higher than four percent b ut no higher than four and one - 88 |
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276 | 276 | | half percent; 89 |
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277 | 277 | | (l) Nine weeks if the Missouri unemployment rate is 90 |
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278 | 278 | | higher than three and one -half percent but no higher than 91 |
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279 | 279 | | four percent; and 92 |
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280 | 280 | | (m) Eight weeks if the Missouri unemployment rate is 93 |
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281 | 281 | | at or below three and one-half percent. 94 |
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282 | 282 | | (2) As used in this subsection, the phrase "Missouri 95 |
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283 | 283 | | unemployment rate" means the statewide unemployment rate as 96 |
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284 | 284 | | published by the United States Department of Labor, Bureau 97 |
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285 | 285 | | of Labor Statistics, on the date that the claiman t initially 98 |
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286 | 286 | | files a claim for benefits. 99 |
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287 | 287 | | (3) The provisions of this subsection shall become 100 |
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288 | 288 | | effective January 1, 2026. 101 |
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289 | 289 | | 6. In the event that benefits are due a deceased 102 |
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290 | 290 | | person and no petition has been filed for the probate of the 103 |
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291 | 291 | | will or for the administration of the estate of such person 104 |
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292 | 292 | | within thirty days after his or her death, the division may 105 |
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293 | 293 | | by regulation provide for the payment of such benefits to 106 |
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294 | 294 | | such person or persons as the division finds entitled 107 |
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295 | 295 | | thereto and every such payment s hall be a valid payment to 108 |
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296 | 296 | | the same extent as if made to the legal representatives of 109 |
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297 | 297 | | the deceased. 110 |
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298 | 298 | | [6.] 7. The division is authorized to cancel any 111 |
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299 | 299 | | benefit warrant remaining outstanding and unpaid one year 112 |
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300 | 300 | | after the date of its issuance and there shall be no 113 |
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301 | 301 | | liability for the payment of any such benefit warrant 114 |
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302 | 302 | | thereafter. 115 SB 8 9 |
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303 | 303 | | [7.] 8. The division may establish an electronic funds 116 |
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304 | 304 | | transfer system to transfer directly to claimants' accounts 117 |
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305 | 305 | | in financial institutions benefits payable to them pursuant 118 |
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306 | 306 | | to this chapter. To receive benefits by electronic funds 119 |
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307 | 307 | | transfer, a claimant shall satisfactorily complete a direct 120 |
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308 | 308 | | deposit application form authorizing the division to deposit 121 |
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309 | 309 | | benefit payments into a designated checking or savings 122 |
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310 | 310 | | account. Any electronic funds transfer system created 123 |
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311 | 311 | | pursuant to this subsection shall be administered in 124 |
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312 | 312 | | accordance with regulations prescribed by the division. 125 |
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313 | 313 | | [8.] 9. The division may issue a benefit warrant 126 |
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314 | 314 | | covering more than one week of benefits. 127 |
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315 | 315 | | [9.] 10. Prior to January 1, 2005, the division shall 128 |
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316 | 316 | | institute procedures including, but not limited to, name, 129 |
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317 | 317 | | date of birth, and Social Security verification matches for 130 |
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318 | 318 | | remote claims filing via the use of telephone or the 131 |
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319 | 319 | | internet in accordance with such regulations as the division 132 |
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320 | 320 | | shall prescribe. At a minimum, the division shall verify 133 |
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321 | 321 | | the Social Security number and date of birth when an 134 |
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322 | 322 | | individual claimant initially files for unemployment 135 |
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323 | 323 | | insurance benefits. If verification information does not 136 |
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324 | 324 | | match what is on file in division databases to what the 137 |
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325 | 325 | | individual is stating, the division shall require the 138 |
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326 | 326 | | claimant to submit a division -approved form requesting an 139 |
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327 | 327 | | affidavit of eligibility prior to the payment of additional 140 |
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328 | 328 | | future benefits. The division of employment security shall 141 |
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329 | 329 | | cross-check unemployment compensation applicants and 142 |
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330 | 330 | | recipients with Social Security Administration data 143 |
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331 | 331 | | maintained by the federal government at least weekly. The 144 |
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332 | 332 | | division of employment security shall cros s-check at least 145 |
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333 | 333 | | monthly unemployment compensation applicants and recipients 146 |
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334 | 334 | | with department of revenue drivers license databases. 147 SB 8 10 |
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335 | 335 | | 11. The division shall promulgate rules and 148 |
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336 | 336 | | regulations to administer this section. Any rule or portion 149 |
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337 | 337 | | of a rule, as that term is defined in section 536.010, that 150 |
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338 | 338 | | is created under the authority delegated in this section 151 |
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339 | 339 | | shall become effective only if it complies with and is 152 |
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340 | 340 | | subject to all of the provisions of chapter 536 and, if 153 |
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341 | 341 | | applicable, section 536.028. This section and chapter 536 154 |
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342 | 342 | | are nonseverable and if any of the powers vested with the 155 |
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343 | 343 | | general assembly pursuant to chapter 536 to review, to delay 156 |
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344 | 344 | | the effective date, or to disapprove and annul a rule are 157 |
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345 | 345 | | subsequently held unconstitutional, then the grant of 158 |
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346 | 346 | | rulemaking authority and any rule proposed or adopted after 159 |
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347 | 347 | | August 28, 2025, shall be invalid and void. 160 |
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348 | 348 | | |
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