| 5 | 6 | | ======== |
|---|
| 6 | 7 | | LC002403 |
|---|
| 7 | 8 | | ======== |
|---|
| 8 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 9 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 10 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 11 | 12 | | ____________ |
|---|
| 12 | 13 | | |
|---|
| 13 | 14 | | A N A C T |
|---|
| 14 | 15 | | RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY -- |
|---|
| 15 | 16 | | GENERAL PROVISIONS |
|---|
| 16 | 17 | | Introduced By: Senators Goodwin, DiPalma, and Ciccone |
|---|
| 17 | 18 | | Date Introduced: March 22, 2023 |
|---|
| 18 | 19 | | Referred To: Senate Finance |
|---|
| 19 | 20 | | (Dept. of Labor and Training) |
|---|
| 20 | 21 | | |
|---|
| 21 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 22 | 23 | | SECTION 1. Section 28-42-3 of the General Laws in Chapter 28-42 entitled "Employment 1 |
|---|
| 23 | 24 | | Security — General Provisions" is hereby amended to read as follows: 2 |
|---|
| 24 | 25 | | 28-42-3. Definitions. 3 |
|---|
| 25 | 26 | | The following words and phrases, as used in chapters 42 — 44 of this title, have the 4 |
|---|
| 26 | 27 | | following meanings unless the context clearly requires otherwise: 5 |
|---|
| 27 | 28 | | (1) “Administration account” means the employment security administration account 6 |
|---|
| 28 | 29 | | established by this chapter. 7 |
|---|
| 29 | 30 | | (2) “Average weekly wage” means the amount determined by dividing the individua l’s 8 |
|---|
| 30 | 31 | | total wages earned for service performed in employment within the individual’s base period by the 9 |
|---|
| 31 | 32 | | number of that individual’s credit weeks within the individual’s base period. 10 |
|---|
| 32 | 33 | | (3) “Base period,” with respect to an individual’s benefit year, means the first four (4), of 11 |
|---|
| 33 | 34 | | the most recently completed five (5) calendar quarters immediately preceding the first day of an 12 |
|---|
| 34 | 35 | | individual’s benefit year. For any individual’s benefit year, and for any individual deemed 13 |
|---|
| 35 | 36 | | monetarily ineligible for benefits for the “base period” as defined in this subdivision, the 14 |
|---|
| 36 | 37 | | department shall make a re-determination of entitlement based upon the alternate base period that 15 |
|---|
| 37 | 38 | | consists of the last four (4) completed calendar quarters immediately preceding the first day of the 16 |
|---|
| 38 | 39 | | claimant’s benefit year. Notwithstanding anything contained to the contrary in this subdivision, the 17 |
|---|
| 39 | 40 | | base period shall not include any calendar quarter previously used to establish a valid claim for 18 |
|---|
| 40 | 42 | | |
|---|
| 41 | 43 | | LC002403 - Page 2 of 10 |
|---|
| 42 | 44 | | benefits; provided, that notwithstanding any provision of chapters 42 — 44 of this title to the 1 |
|---|
| 43 | 45 | | contrary, for the benefit years beginning on or after October 4, 1992, whenever an individual who 2 |
|---|
| 44 | 46 | | has received workers’ compensation benefits is entitled to reinstatement under § 28-33-47, but the 3 |
|---|
| 45 | 47 | | position to which reinstatement is sought does not exist or is not available, the individual’s base 4 |
|---|
| 46 | 48 | | period shall be determined as if the individual filed for benefits on the date of the injury. 5 |
|---|
| 47 | 49 | | (4) “Benefit” means the money payable to an individual as compensation for the 6 |
|---|
| 48 | 50 | | individual’s wage losses due to unemployment as provided in these chapters. 7 |
|---|
| 49 | 51 | | (5) “Benefit credits” means the total amount of money payable to an individual as benefits, 8 |
|---|
| 50 | 52 | | as determined by § 28-44-9. 9 |
|---|
| 51 | 53 | | (6) “Benefit rate” means the money payable to an individual as compensation, as provided 10 |
|---|
| 52 | 54 | | in chapters 42 — 44 of this title, for the individual’s wage losses with respect to any week of total 11 |
|---|
| 53 | 55 | | unemployment. 12 |
|---|
| 54 | 56 | | (7) “Benefit year,” with respect to any individual who does not already have a benefit year 13 |
|---|
| 55 | 57 | | in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks, 14 |
|---|
| 56 | 58 | | the first of which shall be the week containing the day as of which he or she first files a valid claim 15 |
|---|
| 57 | 59 | | in accordance with regulations adopted as hereinafter prescribed; provided, that the benefit year 16 |
|---|
| 58 | 60 | | shall be fifty-three (53) weeks if the filing of a new, valid claim would result in overlapping any 17 |
|---|
| 59 | 61 | | quarter of the base period of a prior new claim previously filed by the individual. In no event shall 18 |
|---|
| 60 | 62 | | a new benefit year begin prior to the Sunday next following the end of the old benefit year. 19 |
|---|
| 61 | 63 | | (8) “Calendar quarter” means the period of three (3) consecutive calendar months ending 20 |
|---|
| 62 | 64 | | March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance with 21 |
|---|
| 63 | 65 | | regulations as subsequently prescribed. 22 |
|---|
| 64 | 66 | | (9) “Contributions” means the money payments to the state employment security fund 23 |
|---|
| 65 | 67 | | required by those chapters. 24 |
|---|
| 66 | 68 | | (10) “Credit amount,” effective July 6, 2014, means earnings by the individual in an 25 |
|---|
| 67 | 69 | | amount equal to at least eight (8) times the individual’s weekly benefit rate; 26 |
|---|
| 68 | 70 | | (11) “Credit week,” prior to July 1, 2012, means any week within an individual’s base 27 |
|---|
| 69 | 71 | | period in which that individual earned wages amounting to at least twenty (20) times the minimum 28 |
|---|
| 70 | 72 | | hourly wage as defined in chapter 12 of this title for performing services in employment for one or 29 |
|---|
| 71 | 73 | | more employers subject to chapters 42 — 44 of this title, and for the period July 1, 2012, through 30 |
|---|
| 72 | 74 | | July 5, 2014, means any week within an individual’s base period in which that individual earned 31 |
|---|
| 73 | 75 | | wages amounting to at least the individual’s weekly benefit rate for performing services in 32 |
|---|
| 74 | 76 | | employment for one or more employers subject to chapters 42 — 44 of this title. 33 |
|---|
| 75 | 77 | | (12) “Crew leader,” for the purpose of subdivision (19) of this section, means an individual 34 |
|---|
| 76 | 78 | | |
|---|
| 77 | 80 | | LC002403 - Page 3 of 10 |
|---|
| 78 | 81 | | who: 1 |
|---|
| 79 | 82 | | (i) Furnishes individuals to perform service in agricultural labor for any other person; 2 |
|---|
| 80 | 83 | | (ii) Pays (either on the crew leader’s own behalf or on behalf of that other person) the 3 |
|---|
| 81 | 84 | | individuals so furnished by the crew leader for the service in agricultural labor performed by them; 4 |
|---|
| 82 | 85 | | and 5 |
|---|
| 83 | 86 | | (iii) Has not entered into a written agreement with that other person (farm operator) under 6 |
|---|
| 84 | 87 | | which that individual (crew leader) is designated as an employee of that other person (farm 7 |
|---|
| 85 | 88 | | operator). 8 |
|---|
| 86 | 89 | | (13) “Director” means the head of the department of labor and training or the director’s 9 |
|---|
| 87 | 90 | | authorized representative. 10 |
|---|
| 88 | 91 | | (14) “Domestic service employment.” “Employment” includes domestic service in a 11 |
|---|
| 89 | 92 | | private home performed for a person who paid cash remuneration of one thousand dollars ($1,000) 12 |
|---|
| 90 | 93 | | or more in any calendar quarter in the current calendar year, or the preceding calendar year, to 13 |
|---|
| 91 | 94 | | individuals employed in that domestic service. 14 |
|---|
| 92 | 95 | | (15) “Employee” means any person who is, or has been, employed by an employer subject 15 |
|---|
| 93 | 96 | | to those chapters and in employment subject to those chapters. 16 |
|---|
| 94 | 97 | | (16) “Employer” means: 17 |
|---|
| 95 | 98 | | (i) Any employing unit that was an employer as of December 31, 1955; 18 |
|---|
| 96 | 99 | | (ii) Any employing unit that for some portion of a day on and after January 1, 1956, has, 19 |
|---|
| 97 | 100 | | or had, in employment, within any calendar year, one or more individuals; except, however, for 20 |
|---|
| 98 | 101 | | “domestic service employment,” as defined in subdivision (14) of this section; 21 |
|---|
| 99 | 102 | | (iii) For the effective period of its election pursuant to § 28-42-12, any other employing 22 |
|---|
| 100 | 103 | | unit that has elected to become subject to chapters 42 — 44 of this title; or 23 |
|---|
| 101 | 104 | | (iv) Any employing unit not an employer by reason of any other paragraph of this 24 |
|---|
| 102 | 105 | | subdivision for which, within either the current or preceding calendar year, service is, or was, 25 |
|---|
| 103 | 106 | | performed with respect to which that employing unit is liable for any federal tax against which 26 |
|---|
| 104 | 107 | | credit may be taken for contributions required to be paid into this state’s employment security fund; 27 |
|---|
| 105 | 108 | | or which, as a condition for approval of chapters 42 — 44 of this title for full tax credit against the 28 |
|---|
| 106 | 109 | | tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant 29 |
|---|
| 107 | 110 | | to that act, to be an “employer” under chapters 42 — 44 of this title. 30 |
|---|
| 108 | 111 | | (17) “Employing unit” means any person, partnership, association, trust, estate, or 31 |
|---|
| 109 | 112 | | corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver, 32 |
|---|
| 110 | 113 | | or trustee, or the legal representative of a deceased person, that has, or had, in the unit’s employ, 33 |
|---|
| 111 | 114 | | one or more individuals. For the purposes of subdivision (14) of this section, a private home shall 34 |
|---|
| 112 | 116 | | |
|---|
| 113 | 117 | | LC002403 - Page 4 of 10 |
|---|
| 114 | 118 | | be considered an employing unit only if the person for whom the domestic service was performed 1 |
|---|
| 115 | 119 | | paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the 2 |
|---|
| 116 | 120 | | current calendar year, or the preceding calendar year, to individuals employed in that domestic 3 |
|---|
| 117 | 121 | | service in that private home. 4 |
|---|
| 118 | 122 | | (18)(i) “Employment,” subject to §§ 28-42-4 — 28-42-10, means service, including service 5 |
|---|
| 119 | 123 | | in interstate commerce, performed for wages, or under any contract of hire, written or oral, express 6 |
|---|
| 120 | 124 | | or implied; provided, that service performed shall also be deemed to constitute employment for all 7 |
|---|
| 121 | 125 | | the purposes of chapters 42 — 44 of this title if performed by an individual in the employ of a 8 |
|---|
| 122 | 126 | | nonprofit organization as described in subdivision (25) of this section, except as provided in § 28-9 |
|---|
| 123 | 127 | | 42-8(7); 10 |
|---|
| 124 | 128 | | (ii) Notwithstanding any other provisions of this section, “Employment” also means 11 |
|---|
| 125 | 129 | | service with respect to which a tax is required to be paid under any federal law imposing a tax 12 |
|---|
| 126 | 130 | | against which credit may be taken for contributions required to be paid into this state’s employment 13 |
|---|
| 127 | 131 | | security fund or which, as a condition for full tax credit against the tax imposed by the Federal 14 |
|---|
| 128 | 132 | | Unemployment Tax Act, is required to be covered under chapters 42 — 44 of this title; 15 |
|---|
| 129 | 133 | | (iii) Employment not to include owners. Employment does not include services performed 16 |
|---|
| 130 | 134 | | by sole proprietors (owners), partners in a partnership, limited liability company — single member 17 |
|---|
| 131 | 135 | | filing as a sole proprietor with the IRS, or members of a limited liability company filing as a 18 |
|---|
| 132 | 136 | | partnership with the IRS. 19 |
|---|
| 133 | 137 | | (19) “Employment — Crew leader.” For the purposes of subdivision (12) of this section: 20 |
|---|
| 134 | 138 | | (i) Any individual who is a member of a crew furnished by a crew leader to perform service 21 |
|---|
| 135 | 139 | | in agricultural labor for any other person shall be treated as an employee of that crew leader if: 22 |
|---|
| 136 | 140 | | (A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal 23 |
|---|
| 137 | 141 | | Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that 24 |
|---|
| 138 | 142 | | crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other 25 |
|---|
| 139 | 143 | | mechanized equipment that is provided by that crew leader; and 26 |
|---|
| 140 | 144 | | (B) That individual is not an employee of the other person within the meaning of 27 |
|---|
| 141 | 145 | | subdivision (15) of this section; and 28 |
|---|
| 142 | 146 | | (ii) In the case of any individual who is furnished by a crew leader to perform service in 29 |
|---|
| 143 | 147 | | agricultural labor for any other person and who is not treated as an employee of that crew leader: 30 |
|---|
| 144 | 148 | | (A) That other person, and not the crew leader, shall be treated as the employer of that 31 |
|---|
| 145 | 149 | | individual; and 32 |
|---|
| 146 | 150 | | (B) That other person shall be treated as having paid cash remuneration to that individual 33 |
|---|
| 147 | 151 | | in an amount equal to the amount of cash remuneration paid to that individual by the crew leader 34 |
|---|
| 148 | 152 | | |
|---|
| 149 | 154 | | LC002403 - Page 5 of 10 |
|---|
| 150 | 155 | | (either on the crew leader’s own behalf or on behalf of that other person) for the service in 1 |
|---|
| 151 | 156 | | agricultural labor performed for that other person. 2 |
|---|
| 152 | 157 | | (20) “Employment office” means a free, public-employment office, or its branch, operated 3 |
|---|
| 153 | 158 | | by the director or by this state as part of a system of free, public-employment offices, or any other 4 |
|---|
| 154 | 159 | | agency that the director may designate with the approval of the Social Security Administration. 5 |
|---|
| 155 | 160 | | (21) “Fund” means the employment security fund established by this chapter. 6 |
|---|
| 156 | 161 | | (22) “Governmental entity” means state and local governments in this state and includes 7 |
|---|
| 157 | 162 | | the following: 8 |
|---|
| 158 | 163 | | (i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of 9 |
|---|
| 159 | 164 | | the state, or any of its instrumentalities; 10 |
|---|
| 160 | 165 | | (ii) Any instrumentality of more than one of these entities; or 11 |
|---|
| 161 | 166 | | (iii) Any instrumentality of any of these entities and one or more other states or political 12 |
|---|
| 162 | 167 | | subdivisions. 13 |
|---|
| 163 | 168 | | (23) “Hospital” means an institution that has been licensed, certified, or approved by the 14 |
|---|
| 164 | 169 | | department of health as a hospital. 15 |
|---|
| 165 | 170 | | (24)(i) “Institution of higher education” means an educational institution in this state that: 16 |
|---|
| 166 | 171 | | (A) Admits, as regular students, only individuals having a certificate of graduation from a 17 |
|---|
| 167 | 172 | | high school, or the recognized equivalent of such certificate; 18 |
|---|
| 168 | 173 | | (B) Is legally authorized within this state to provide a program of education beyond high 19 |
|---|
| 169 | 174 | | school; 20 |
|---|
| 170 | 175 | | (C) Provides: 21 |
|---|
| 171 | 176 | | (I) An educational program for which it awards a bachelor’s or higher degree, or a program 22 |
|---|
| 172 | 177 | | that is acceptable for full credit toward such a degree; 23 |
|---|
| 173 | 178 | | (II) A program of post-graduate or post-doctoral studies; or 24 |
|---|
| 174 | 179 | | (III) A program of training to prepare students for gainful employment in a recognized 25 |
|---|
| 175 | 180 | | occupation; and 26 |
|---|
| 176 | 181 | | (D) Is a public or other nonprofit institution. 27 |
|---|
| 177 | 182 | | (ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and 28 |
|---|
| 178 | 183 | | universities in this state are institutions of higher education for purposes of this section. 29 |
|---|
| 179 | 184 | | (25) “Nonprofit organization” means an organization, or group of organizations, as defined 30 |
|---|
| 180 | 185 | | in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a). 31 |
|---|
| 181 | 186 | | (26)(i) “Partial unemployment.” An employee shall be deemed partially unemployed in 32 |
|---|
| 182 | 187 | | any week of less than full-time work if the employee fails to earn in wages for that week an amount 33 |
|---|
| 183 | 188 | | equal to the weekly benefit rate for total unemployment to which the employee would be entitled 34 |
|---|
| 184 | 189 | | |
|---|
| 187 | | - | 30, 2023 2025, an employee shall be deemed partially unemployed in any week of less than full-2 |
|---|
| 188 | | - | time work if the employee fails to earn wages for that week in an amount equal to or greater than 3 |
|---|
| 189 | | - | one hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which 4 |
|---|
| 190 | | - | the employee would be entitled if totally unemployed and eligible. 5 |
|---|
| 193 | + | 30, 2023, an employee shall be deemed partially unemployed in any week of less than full-time 2 |
|---|
| 194 | + | work if the employee fails to earn wages for that week in an amount equal to or greater than one 3 |
|---|
| 195 | + | hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which the 4 |
|---|
| 196 | + | employee would be entitled if totally unemployed and eligible. 5 |
|---|
| 191 | 197 | | (ii) For the purposes of this subdivision and subdivision (28) of this section, “wages” 6 |
|---|
| 192 | 198 | | includes only that part of remuneration for any work that is in excess of one-fifth ( |
|---|
| 193 | 199 | | 1 |
|---|
| 194 | 200 | | /5) of the weekly 7 |
|---|
| 195 | 201 | | benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to 8 |
|---|
| 196 | 202 | | which the individual would be entitled if totally unemployed and eligible in any one week, and 9 |
|---|
| 197 | 203 | | “services” includes only that part of any work for which remuneration in excess of one-fifth ( |
|---|
| 198 | 204 | | 1 |
|---|
| 199 | 205 | | /5) 10 |
|---|
| 200 | 206 | | of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar 11 |
|---|
| 201 | 207 | | ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one 12 |
|---|
| 202 | 208 | | week is payable; provided, that nothing contained in this paragraph shall permit any individual to 13 |
|---|
| 203 | 209 | | whom remuneration is payable for any work performed in any week in an amount equal to or greater 14 |
|---|
| 204 | 210 | | than his or her weekly benefit rate to receive benefits under this subdivision for that week. 15 |
|---|
| 205 | 211 | | (iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through 16 |
|---|
| 206 | 212 | | June 30, 2023, “wages” includes only that part of remuneration for any work that is in excess of 17 |
|---|
| 207 | 213 | | fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower 18 |
|---|
| 208 | 214 | | multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and 19 |
|---|
| 209 | 215 | | eligible in any one week, and “services” includes only that part of any work for which remuneration 20 |
|---|
| 210 | 216 | | in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the 21 |
|---|
| 211 | 217 | | next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally 22 |
|---|
| 212 | 218 | | unemployed and eligible in any one week is payable. Provided, that, during the period defined in 23 |
|---|
| 213 | 219 | | this subdivision, nothing contained in this subdivision shall permit any individual to whom 24 |
|---|
| 214 | 220 | | remuneration is payable for any work performed in any week in an amount equal to or greater than 25 |
|---|
| 215 | 221 | | one hundred fifty percent (150%) of their weekly benefit rate to receive benefits under this 26 |
|---|
| 216 | 222 | | subdivision for that week. 27 |
|---|
| 217 | 223 | | (iv) Notwithstanding anything contained to the contrary in this subdivision, “services,” as 28 |
|---|
| 218 | 224 | | used in this subdivision and in subdivision (28) of this section, does not include services rendered 29 |
|---|
| 219 | 225 | | by an individual under the exclusive supervision of any agency of this state, or any of its political 30 |
|---|
| 220 | 226 | | subdivisions, by which the services are required solely for the purpose of affording relief, support, 31 |
|---|
| 221 | 227 | | or assistance to needy individuals performing those services, or services performed by members of 32 |
|---|
| 222 | 228 | | the national guard and organized reserves in carrying out their duties in weekly drills as members 33 |
|---|
| 223 | 229 | | of those organizations. “Wages,” as used in this subdivision and in subdivision (28) of this section, 34 |
|---|
| 224 | 231 | | |
|---|
| 225 | 232 | | LC002403 - Page 7 of 10 |
|---|
| 226 | 233 | | does not include either remuneration received by needy individuals for rendering the 1 |
|---|
| 227 | 234 | | aforementioned services when that remuneration is paid exclusively from funds made available for 2 |
|---|
| 228 | 235 | | that purpose out of taxes collected by this state or any of its political subdivisions, or remuneration 3 |
|---|
| 229 | 236 | | received from the federal government by members of the national guard and organized reserves, as 4 |
|---|
| 230 | 237 | | drill pay, including longevity pay and allowances. 5 |
|---|
| 231 | 238 | | (27) “Payroll” means the total amount of all wages paid by the employer to the employer’s 6 |
|---|
| 232 | 239 | | employees for employment. 7 |
|---|
| 233 | 240 | | (28) “Total unemployment.” An individual shall be deemed totally unemployed in any 8 |
|---|
| 234 | 241 | | week in which the individual performs no services (as used in subdivision (26) of this section) and 9 |
|---|
| 235 | 242 | | for which the individual earns no wages (as used in subdivision (26) of this section), and in which 10 |
|---|
| 236 | 243 | | the individual cannot reasonably return to any self-employment in which the individual has 11 |
|---|
| 237 | 244 | | customarily been engaged. 12 |
|---|
| 238 | 245 | | (29) “Wages” means all remuneration paid for personal services on or after January 1, 13 |
|---|
| 239 | 246 | | 1940, including commissions and bonuses and the cash value of all remuneration paid in any 14 |
|---|
| 240 | 247 | | medium other than cash, and all other remuneration that is subject to a tax under a federal law 15 |
|---|
| 241 | 248 | | imposing a tax against which credit may be taken for contributions required to be paid into a state 16 |
|---|
| 242 | 249 | | unemployment fund. Gratuities customarily received by an individual in the course of the 17 |
|---|
| 243 | 250 | | individual’s employment from persons other than the individual’s employing unit shall be treated 18 |
|---|
| 244 | 251 | | as wages paid by the individual’s employing unit. The reasonable cash value of remuneration paid 19 |
|---|
| 245 | 252 | | in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and 20 |
|---|
| 246 | 253 | | determined in accordance with rules prescribed by the director; except that for the purpose of this 21 |
|---|
| 247 | 254 | | subdivision and of §§ 28-43-1 — 28-43-8.1, 28-43-8.2 [repealed], 28-43-8.3, 28-43-8.4 [repealed], 22 |
|---|
| 248 | 255 | | 28-43-8.5 — 28-43-8.10, 28-43-11 [repealed], and 28-43-12 — 28-43-14, this term does not 23 |
|---|
| 249 | 256 | | include: 24 |
|---|
| 250 | 257 | | (i) That part of remuneration that is paid by an employer to an individual with respect to 25 |
|---|
| 251 | 258 | | employment during any calendar year, after remuneration equal to the amount of the taxable wage 26 |
|---|
| 252 | 259 | | base as determined in accordance with § 28-43-7 has been paid during that calendar year by the 27 |
|---|
| 253 | 260 | | employer or the employer’s predecessor to that individual; provided, that if the definition of 28 |
|---|
| 254 | 261 | | “wages” as contained in the Federal Unemployment Tax Act is amended to include remuneration 29 |
|---|
| 255 | 262 | | in excess of the taxable wage base for that employment, then, for the purposes of §§ 28-43-1 — 30 |
|---|
| 256 | 263 | | 28- 43-14, “wages” includes the remuneration as previously set forth, up to an amount equal to the 31 |
|---|
| 257 | 264 | | dollar limitation specified in the federal act. For the purposes of this subdivision, “employment” 32 |
|---|
| 258 | 265 | | includes services constituting employment under any employment security law of another state or 33 |
|---|
| 259 | 266 | | of the federal government; 34 |
|---|
| 260 | 267 | | |
|---|
| 261 | 269 | | LC002403 - Page 8 of 10 |
|---|
| 262 | 270 | | (ii) The amount of any payment made to, or on behalf of, an employee under a plan or 1 |
|---|
| 263 | 271 | | system established by an employer that makes provision for employees generally, or for a class or 2 |
|---|
| 264 | 272 | | classes of employees (including any amount paid by an employer or an employee for insurance or 3 |
|---|
| 265 | 273 | | annuities, or into a fund, to provide for any such payment), on account of: 4 |
|---|
| 266 | 274 | | (A) Retirement; 5 |
|---|
| 267 | 275 | | (B) Sickness or accident disability; 6 |
|---|
| 268 | 276 | | (C) Medical and hospitalization expenses in connection with sickness or accident 7 |
|---|
| 269 | 277 | | disability; or 8 |
|---|
| 270 | 278 | | (D) Death; provided, that the employee has not the: 9 |
|---|
| 271 | 279 | | (I) Option to receive, instead of provision for that death benefit, any part of that payment 10 |
|---|
| 272 | 280 | | or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by 11 |
|---|
| 273 | 281 | | the individual’s employer; and 12 |
|---|
| 274 | 282 | | (II) Right, under the provisions of the plan or system or policy of insurance providing for 13 |
|---|
| 275 | 283 | | that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit 14 |
|---|
| 276 | 284 | | either upon the employee’s withdrawal from the plan or system providing for that benefit or upon 15 |
|---|
| 277 | 285 | | termination of the plan or system or policy of insurance, or of the individual’s employment with 16 |
|---|
| 278 | 286 | | that employer; 17 |
|---|
| 279 | 287 | | (E) The payment by an employer (without deduction from the remuneration of the 18 |
|---|
| 280 | 288 | | employee) of: 19 |
|---|
| 281 | 289 | | (I) The tax imposed upon an employee under 26 U.S.C. § 3101; or 20 |
|---|
| 282 | 290 | | (II) Any payment required from an employee under chapters 42 — 44 of this title. 21 |
|---|
| 283 | 291 | | (iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit 22 |
|---|
| 284 | 292 | | plan organized under the Internal Revenue Code [26 U.S.C. § 125]. 23 |
|---|
| 285 | 293 | | (30) “Week” means the seven-day (7) calendar week beginning on Sunday at 12:01 a.m. 24 |
|---|
| 286 | 294 | | and ending on Saturday at 12:00 a.m. midnight. 25 |
|---|
| 287 | 295 | | SECTION 2. Section 28-44-7 of the General Laws in Chapter 28-44 entitled "Employment 26 |
|---|
| 288 | 296 | | Security — Benefits" is hereby amended to read as follows: 27 |
|---|
| 289 | 297 | | 28-44-7. Partial unemployment benefits. 28 |
|---|
| 290 | 298 | | For weeks beginning on or after July 1, 1983, an individual partially unemployed and 29 |
|---|
| 291 | 299 | | eligible in any week shall be paid sufficient benefits with respect to that week, so that the 30 |
|---|
| 292 | 300 | | individual’s week’s wages, rounded to the next higher multiple of one dollar ($1.00), as defined in 31 |
|---|
| 293 | 301 | | § 28-42-3(26), and the individual’s benefits combined will equal in amount the weekly benefit rate 32 |
|---|
| 294 | 302 | | to which the individual would be entitled if totally unemployed in that week. For weeks beginning 33 |
|---|
| 298 | | - | eligible in any week shall be paid benefits in an amount equal to the weekly benefit rate to which 1 |
|---|
| 299 | | - | the individual would be entitled if totally unemployed in that week less any wages earned in that 2 |
|---|
| 300 | | - | week, as defined in § 28-42-3(26), and the individual’s benefits combined may not exceed in 3 |
|---|
| 301 | | - | amount one hundred and fifty percent (150%) of the individual’s weekly benefit rate. 4 |
|---|
| 307 | + | in any week shall be paid benefits in an amount equal to the weekly benefit rate to which the 1 |
|---|
| 308 | + | individual would be entitled if totally unemployed in that week less any wages earned in that week, 2 |
|---|
| 309 | + | as defined in § 28-42-3(26), and the individual’s benefits combined may not exceed in amount one 3 |
|---|
| 310 | + | hundred and fifty percent (150%) of the individual’s weekly benefit rate. 4 |
|---|