EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 8
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BERNSKOETTER.
0567S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 288.060 as enacted by house bill no. 150, ninety-eighth general assembly, first
regular session, and section 288.060 as enacted by house bill no. 163, ninety-sixth
general assembly, first regular session, and to enact in lieu thereof one new section
relating to the duration of unemployment benefits.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 288.060 as enacted by house bill no. 1
150, ninety-eighth general assembly, first regular session, and 2
section 288.060 as enacted by house bill no. 163, ninety -sixth 3
general assembly, first regular session , are repealed and one 4
new section enacted in lieu thereof, to be known as section 5
288.060, to read as follows:6
[288.060. 1. All benefits shall be paid 1
through employment offices in accordance with 2
such regulations as the division may prescribe. 3
2. Each eligible insured worker who is 4
totally unemployed in any week shall be paid for 5
such week a sum equal to his or her weekly 6
benefit amount. 7
3. Each eligible insured worker who is 8
partially unemployed in any week shall be paid 9
for such week a partial benefit. Such partial 10
benefit shall be an amount equal to the 11
difference between his or her weekly benefit 12
amount and that part of his or her wages for 13
such week in excess of twenty dollars, and, if 14
such partial benefit amount is no t a multiple of 15
one dollar, such amount shall be reduced to the 16
nearest lower full dollar amount. For calendar 17 SB 8 2
year 2007 and each year thereafter, such partial 18
benefit shall be an amount equal to the 19
difference between his or her weekly benefit 20
amount and that part of his or her wages for 21
such week in excess of twenty dollars or twenty 22
percent of his or her weekly benefit amount, 23
whichever is greater, and, if such partial 24
benefit amount is not a multiple of one dollar, 25
such amount shall be reduc ed to the nearest 26
lower full dollar amount. Pay received by an 27
eligible insured worker who is a member of the 28
organized militia for training or duty 29
authorized by Section 502(a)(1) of Title 32, 30
United States Code, shall not be considered 31
wages for the purpose of this subsection. 32
4. The division shall compute the wage 33
credits for each individual by crediting him or 34
her with the wages paid to him or her for 35
insured work during each quarter of his or her 36
base period or twenty -six times his or her 37
weekly benefit amount, whichever is the lesser. 38
In addition, if a claimant receives wages in the 39
form of termination pay or severance pay and 40
such payment appears in a base period 41
established by the filing of an initial claim, 42
the claimant may, at his or her option, choose 43
to have such payment included in the calendar 44
quarter in which it was paid or choose to have 45
it prorated equally among the quarters 46
comprising the base period of the claim. For 47
the purpose of this section, wages shall be 48
counted as wage credits for any benefit year, 49
only if such benefit year begins subsequent to 50
the date on which the employing unit by whom 51
such wages were paid has become an employer. 52
The wage credits of an individual earned during 53
the period commencing with the end of a prior 54
base period and ending on the date on which he 55
or she filed an allowed initial claim shall not 56
be available for benefit purposes in a 57
subsequent benefit year unless, in addition 58
thereto, such individual has subsequently ear ned 59
either wages for insured work in an amount equal 60
to at least five times his or her current weekly 61 SB 8 3
benefit amount or wages in an amount equal to at 62
least ten times his or her current weekly 63
benefit amount. 64
5. The duration of benefits payable to any 65
insured worker during any benefit year shall be 66
limited to: 67
(1) Twenty weeks if the Missouri average 68
unemployment rate is nine percent or higher; 69
(2) Nineteen weeks if the Missouri average 70
unemployment rate is between eight and one -half 71
percent and nine percent; 72
(3) Eighteen weeks if the Missouri average 73
unemployment rate is eight percent up to and 74
including eight and one -half percent; 75
(4) Seventeen weeks if the Missouri 76
average unemployment rate is between seven and 77
one-half percent and eight percent; 78
(5) Sixteen weeks if the Missouri average 79
unemployment rate is seven percent up to and 80
including seven and one -half percent; 81
(6) Fifteen weeks if the Missouri average 82
unemployment rate is between six and o ne-half 83
percent and seven percent; 84
(7) Fourteen weeks if the Missouri average 85
unemployment rate is six percent up to and 86
including six and one -half percent; 87
(8) Thirteen weeks if the Missouri average 88
unemployment rate is below six percent. 89
As used in this subsection, the phrase "Missouri 90
average unemployment rate" means the average of 91
the seasonally adjusted statewide unemployment 92
rates as published by the United States 93
Department of Labor, Bureau of Labor Statistics, 94
for the time periods of January first through 95
March thirty-first and July first through 96
September thirtieth. The average of the 97
seasonally adjusted statewide unemployment rates 98
for the time period of January first through 99
March thirty-first shall be effective on and 100
after July first of each year and shall be 101
effective through December thirty -first. The 102
average of the seasonally adjusted statewide 103
unemployment rates for the time period of July 104
first through September thirtieth shall be 105 SB 8 4
effective on and after Ja nuary first of each 106
year and shall be effective through June 107
thirtieth; and 108
(9) The provisions of this subsection 109
shall become effective January 1, 2016. 110
6. In the event that benefits are due a 111
deceased person and no petition has been filed 112
for the probate of the will or for the 113
administration of the estate of such person 114
within thirty days after his or her death, the 115
division may by regulation provide for the 116
payment of such benefits to such person or 117
persons as the division finds ent itled thereto 118
and every such payment shall be a valid payment 119
to the same extent as if made to the legal 120
representatives of the deceased. 121
7. The division is authorized to cancel 122
any benefit warrant remaining outstanding and 123
unpaid one year after the date of its issuance 124
and there shall be no liability for the payment 125
of any such benefit warrant thereafter. 126
8. The division may establish an 127
electronic funds transfer system to transfer 128
directly to claimants' accounts in financial 129
institutions benefits payable to them pursuant 130
to this chapter. To receive benefits by 131
electronic funds transfer, a claimant shall 132
satisfactorily complete a direct deposit 133
application form authorizing the division to 134
deposit benefit payments into a designate d 135
checking or savings account. Any electronic 136
funds transfer system created pursuant to this 137
subsection shall be administered in accordance 138
with regulations prescribed by the division. 139
9. The division may issue a benefit 140
warrant covering more t han one week of benefits. 141
10. Prior to January 1, 2005, the division 142
shall institute procedures including, but not 143
limited to, name, date of birth, and Social 144
Security verification matches for remote claims 145
filing via the use of telephone or the internet 146
in accordance with such regulations as the 147
division shall prescribe. At a minimum, the 148
division shall verify the Social Security number 149 SB 8 5
and date of birth when an individual claimant 150
initially files for unemployment insurance 151
benefits. If verification information does not 152
match what is on file in division databases to 153
what the individual is stating, the division 154
shall require the claimant to submit a division - 155
approved form requesting an affidavit of 156
eligibility prior to the payment of a dditional 157
future benefits. The division of employment 158
security shall cross -check unemployment 159
compensation applicants and recipients with 160
Social Security Administration data maintained 161
by the federal government at least weekly. The 162
division of employment security shall cross - 163
check at least monthly unemployment compensation 164
applicants and recipients with department of 165
revenue drivers license databases. ] 166
288.060. 1. All benefits shall be paid through 1
employment offices in acco rdance with such regulations as 2
the division may prescribe. 3
2. Each eligible insured worker who is totally 4
unemployed in any week shall be paid for such week a sum 5
equal to his or her weekly benefit amount. 6
3. Each eligible insured worker wh o is partially 7
unemployed in any week shall be paid for such week a partial 8
benefit. Such partial benefit shall be an amount equal to 9
the difference between his or her weekly benefit amount and 10
that part of his or her wages for such week in excess of 11
twenty dollars, and, if such partial benefit amount is not a 12
multiple of one dollar, such amount shall be reduced to the 13
nearest lower full dollar amount. For calendar year 2007 14
and each year thereafter, such partial benefit shall be an 15
amount equal to the difference between his or her weekly 16
benefit amount and that part of his or her wages for such 17
week in excess of twenty dollars or twenty percent of his or 18
her weekly benefit amount, whichever is greater, and, if 19 SB 8 6
such partial benefit amount is n ot a multiple of one dollar, 20
such amount shall be reduced to the nearest lower full 21
dollar amount. Termination pay, severance pay, or Pay 22
received by an eligible insured worker who is a member of 23
the organized militia for training or duty authorized b y 24
Section 502(a)(1) of Title 32, United States Code, shall not 25
be considered wages for the purpose of this subsection. 26
4. The division shall compute the wage credits for 27
each individual by crediting him or her with the wages paid 28
to him or her for insured work during each quarter of his or 29
her base period or twenty -six times his or her weekly 30
benefit amount, whichever is the lesser. In addition, if a 31
claimant receives wages in the form of termination pay or 32
severance pay and such payment appe ars in a base period 33
established by the filing of an initial claim, the claimant 34
may, at his or her option, choose to have such payment 35
included in the calendar quarter in which it was paid or 36
choose to have it prorated equally among the quarters 37
comprising the base period of the claim. The maximum total 38
amount of benefits payable to any insured worker during any 39
benefit year shall not exceed twenty times his or her weekly 40
benefit amount, or thirty -three and one-third percent of his 41
or her wage credits, whichever is the lesser. For the 42
purpose of this section, wages shall be counted as wage 43
credits for any benefit year, only if such benefit year 44
begins subsequent to the date on which the employing unit by 45
whom such wages were paid has become a n employer. The wage 46
credits of an individual earned during the period commencing 47
with the end of a prior base period and ending on the date 48
on which he or she filed an allowed initial claim shall not 49
be available for benefit purposes in a subsequent benefit 50
year unless, in addition thereto, such individual has 51 SB 8 7
subsequently earned either wages for insured work in an 52
amount equal to at least five times his or her current 53
weekly benefit amount or wages in an amount equal to at 54
least ten times his or her current weekly benefit amount. 55
5. (1) The duration of benefits payable to any 56
insured worker during any benefit year shall be limited to: 57
(a) Twenty weeks if the Missouri unemployment rate is 58
higher than nine percent; 59
(b) Nineteen weeks if the Missouri unemployment rate 60
is higher than eight and one -half percent but no higher than 61
nine percent; 62
(c) Eighteen weeks if the Missouri unemployment rate 63
is higher than eight percent but no higher than eight and 64
one-half percent; 65
(d) Seventeen weeks if the Missouri unemployment rate 66
is higher than seven and one -half percent but no higher than 67
eight percent; 68
(e) Sixteen weeks if the Missouri unemployment rate is 69
higher than seven percent but no higher than seven and on e- 70
half percent; 71
(f) Fifteen weeks if the Missouri unemployment rate is 72
higher than six and one -half percent but no higher than 73
seven percent; 74
(g) Fourteen weeks if the Missouri unemployment rate 75
is higher than six percent but no higher than six and one- 76
half percent; 77
(h) Thirteen weeks if the Missouri unemployment rate 78
is higher than five and one -half percent but no higher than 79
six percent; 80
(i) Twelve weeks if the Missouri unemployment rate is 81
higher than five percent but no h igher than five and one - 82
half percent; 83 SB 8 8
(j) Eleven weeks if the Missouri unemployment rate is 84
higher than four and one -half percent but no higher than 85
five percent; 86
(k) Ten weeks if the Missouri unemployment rate is 87
higher than four percent b ut no higher than four and one - 88
half percent; 89
(l) Nine weeks if the Missouri unemployment rate is 90
higher than three and one -half percent but no higher than 91
four percent; and 92
(m) Eight weeks if the Missouri unemployment rate is 93
at or below three and one-half percent. 94
(2) As used in this subsection, the phrase "Missouri 95
unemployment rate" means the statewide unemployment rate as 96
published by the United States Department of Labor, Bureau 97
of Labor Statistics, on the date that the claiman t initially 98
files a claim for benefits. 99
(3) The provisions of this subsection shall become 100
effective January 1, 2026. 101
6. In the event that benefits are due a deceased 102
person and no petition has been filed for the probate of the 103
will or for the administration of the estate of such person 104
within thirty days after his or her death, the division may 105
by regulation provide for the payment of such benefits to 106
such person or persons as the division finds entitled 107
thereto and every such payment s hall be a valid payment to 108
the same extent as if made to the legal representatives of 109
the deceased. 110
[6.] 7. The division is authorized to cancel any 111
benefit warrant remaining outstanding and unpaid one year 112
after the date of its issuance and there shall be no 113
liability for the payment of any such benefit warrant 114
thereafter. 115 SB 8 9
[7.] 8. The division may establish an electronic funds 116
transfer system to transfer directly to claimants' accounts 117
in financial institutions benefits payable to them pursuant 118
to this chapter. To receive benefits by electronic funds 119
transfer, a claimant shall satisfactorily complete a direct 120
deposit application form authorizing the division to deposit 121
benefit payments into a designated checking or savings 122
account. Any electronic funds transfer system created 123
pursuant to this subsection shall be administered in 124
accordance with regulations prescribed by the division. 125
[8.] 9. The division may issue a benefit warrant 126
covering more than one week of benefits. 127
[9.] 10. Prior to January 1, 2005, the division shall 128
institute procedures including, but not limited to, name, 129
date of birth, and Social Security verification matches for 130
remote claims filing via the use of telephone or the 131
internet in accordance with such regulations as the division 132
shall prescribe. At a minimum, the division shall verify 133
the Social Security number and date of birth when an 134
individual claimant initially files for unemployment 135
insurance benefits. If verification information does not 136
match what is on file in division databases to what the 137
individual is stating, the division shall require the 138
claimant to submit a division -approved form requesting an 139
affidavit of eligibility prior to the payment of additional 140
future benefits. The division of employment security shall 141
cross-check unemployment compensation applicants and 142
recipients with Social Security Administration data 143
maintained by the federal government at least weekly. The 144
division of employment security shall cros s-check at least 145
monthly unemployment compensation applicants and recipients 146
with department of revenue drivers license databases. 147 SB 8 10
11. The division shall promulgate rules and 148
regulations to administer this section. Any rule or portion 149
of a rule, as that term is defined in section 536.010, that 150
is created under the authority delegated in this section 151
shall become effective only if it complies with and is 152
subject to all of the provisions of chapter 536 and, if 153
applicable, section 536.028. This section and chapter 536 154
are nonseverable and if any of the powers vested with the 155
general assembly pursuant to chapter 536 to review, to delay 156
the effective date, or to disapprove and annul a rule are 157
subsequently held unconstitutional, then the grant of 158
rulemaking authority and any rule proposed or adopted after 159
August 28, 2025, shall be invalid and void. 160