1 | 1 | | BILL AS INTRODUCED S.37 |
---|
2 | 2 | | 2025 Page 1 of 4 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | VT LEG #380117 v.1 |
---|
6 | 6 | | S.37 1 |
---|
7 | 7 | | Introduced by Senators Clarkson, Ram Hinsdale and White 2 |
---|
8 | 8 | | Referred to Committee on 3 |
---|
9 | 9 | | Date: 4 |
---|
10 | 10 | | Subject: Labor; unemployment compensation; eligibility; employment; partial 5 |
---|
11 | 11 | | unemployment benefits 6 |
---|
12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to provide that 7 |
---|
13 | 13 | | wages earned for work that would not qualify an individual to receive 8 |
---|
14 | 14 | | unemployment insurance benefits shall not be counted when determining an 9 |
---|
15 | 15 | | individual’s weekly unemployment insurance benefit amount, and to make 10 |
---|
16 | 16 | | individuals who work for an educational institution in any capacity other than 11 |
---|
17 | 17 | | an instructional, research, or principal administrative capacity eligible for 12 |
---|
18 | 18 | | unemployment insurance between academic terms. 13 |
---|
19 | 19 | | An act relating to unemployment insurance eligibility and benefits 14 |
---|
20 | 20 | | Sec. 1. 21 V.S.A. § 1338a is amended to read: 15 |
---|
21 | 21 | | § 1338a. DISREGARDED EARNINGS 16 |
---|
22 | 22 | | (a) An individual shall be deemed “partially unemployed” in any week of 17 |
---|
23 | 23 | | less than full-time work if the wages earned by the individual with respect to 18 |
---|
24 | 24 | | such the week are less than the weekly benefit amount the individual would be 19 |
---|
25 | 25 | | entitled to receive if totally unemployed and eligible. As used in For purposes 20 BILL AS INTRODUCED S.37 |
---|
26 | 26 | | 2025 Page 2 of 4 |
---|
27 | 27 | | |
---|
28 | 28 | | |
---|
29 | 29 | | VT LEG #380117 v.1 |
---|
30 | 30 | | of this section, “wages” in any one week includes only that amount of 1 |
---|
31 | 31 | | remuneration earned by the individual in employment, rounded to the nearest 2 |
---|
32 | 32 | | dollar that is in excess of 50 percent of the individual’s weekly wage wages in 3 |
---|
33 | 33 | | employment. 4 |
---|
34 | 34 | | * * * 5 |
---|
35 | 35 | | Sec. 2. 21 V.S.A. § 1343 is amended to read: 6 |
---|
36 | 36 | | § 1343. CONDITIONS 7 |
---|
37 | 37 | | * * * 8 |
---|
38 | 38 | | (c) Benefits are payable on the basis of service in employment as defined in 9 |
---|
39 | 39 | | subdivisions 1301(6)(A)(ix) and (x) of this subchapter, in the same amount, on 10 |
---|
40 | 40 | | the same terms, and subject to the same conditions as benefits payable on the 11 |
---|
41 | 41 | | basis of other service subject to this chapter, except that: 12 |
---|
42 | 42 | | (1) With respect to services performed in an instructional, research, or 13 |
---|
43 | 43 | | principal administrative capacity for an educational institution, benefits shall 14 |
---|
44 | 44 | | not be payable on the basis of such the services for any week of unemployment 15 |
---|
45 | 45 | | commencing during the period between two successive academic years or 16 |
---|
46 | 46 | | terms (or, when an agreement provides instead for a similar period between 17 |
---|
47 | 47 | | two regular but not successive terms, during such period) or during a period of 18 |
---|
48 | 48 | | paid sabbatical leave provided for in the individual’s contract, to any 19 |
---|
49 | 49 | | individual if the individual performs such the services in the first of the 20 |
---|
50 | 50 | | academic years or terms and if there is a contract or reasonable assurance that 21 BILL AS INTRODUCED S.37 |
---|
51 | 51 | | 2025 Page 3 of 4 |
---|
52 | 52 | | |
---|
53 | 53 | | |
---|
54 | 54 | | VT LEG #380117 v.1 |
---|
55 | 55 | | the individual will perform services in any such capacity for any educational 1 |
---|
56 | 56 | | institution in the second of the academic years or terms. 2 |
---|
57 | 57 | | (2) With respect to services performed in any other capacity for an 3 |
---|
58 | 58 | | educational institution, benefits shall not be payable on the basis of such 4 |
---|
59 | 59 | | services to any individual for any week of unemployment that commences 5 |
---|
60 | 60 | | during a period between two successive academic years or terms if the 6 |
---|
61 | 61 | | individual performs such services in the first of the academic years or terms 7 |
---|
62 | 62 | | and there is a reasonable assurance that the individual will perform such 8 |
---|
63 | 63 | | services for any educational institution in the second of the academic years or 9 |
---|
64 | 64 | | terms, except that if benefits are denied to any individual under this 10 |
---|
65 | 65 | | subdivision and the individual was not offered an opportunity to perform such 11 |
---|
66 | 66 | | services for the educational institution for the second of the academic years or 12 |
---|
67 | 67 | | terms, the individual shall be entitled to a retroactive payment of the benefits 13 |
---|
68 | 68 | | for each week for which the individual filed a timely claim for benefits and for 14 |
---|
69 | 69 | | which benefits were denied solely by reason of this subdivision. [Repealed.] 15 |
---|
70 | 70 | | (3) With respect to any services described in subdivision (1) or (2) of 16 |
---|
71 | 71 | | this subsection, benefits shall not be payable on the basis of services in any 17 |
---|
72 | 72 | | such capacities to any individual for any week that commences during an 18 |
---|
73 | 73 | | established and customary vacation period or holiday recess if the individual 19 |
---|
74 | 74 | | performs such the services in the period immediately before the vacation 20 |
---|
75 | 75 | | period or holiday recess, and there is a reasonable assurance that the individual 21 BILL AS INTRODUCED S.37 |
---|
76 | 76 | | 2025 Page 4 of 4 |
---|
77 | 77 | | |
---|
78 | 78 | | |
---|
79 | 79 | | VT LEG #380117 v.1 |
---|
80 | 80 | | will perform such the services in the period immediately following the 1 |
---|
81 | 81 | | vacation period or holiday recess. 2 |
---|
82 | 82 | | (4) With respect to any services described in subdivision (1) or (2) of 3 |
---|
83 | 83 | | this subsection, benefits shall not be payable on the basis of services in any 4 |
---|
84 | 84 | | such capacities as specified in subdivisions (1), (2), and (3) of this subsection 5 |
---|
85 | 85 | | to any individual who performed such the services in an educational institution 6 |
---|
86 | 86 | | while in the employ of an educational service agency. As used in this 7 |
---|
87 | 87 | | subdivision, the term “educational service agency” means a governmental 8 |
---|
88 | 88 | | agency or governmental entity that is established and operated exclusively for 9 |
---|
89 | 89 | | the purpose of providing such services to one or more educational institutions. 10 |
---|
90 | 90 | | * * * 11 |
---|
91 | 91 | | Sec. 3. EFFECTIVE DATE 12 |
---|
92 | 92 | | This act shall take effect on passage. 13 |
---|