H. B. 3355
(By Delegates Michael, Doyle, Varner, Cann, Kominar,
Browning,
Houston, Proudfoot, Hall, Border and Wakim)
(Originating in the House Committee on Finance)
[March 25, 2005]
A BILL to amend and reenact §21A-1A-17 of the Code of West
Virginia, 1931, as amended; to amend and reenact §21A-2-6 of
said code; to amend said code by adding thereto a new section,
designated §21A-5-10c; and to amend and reenact §21A-6-1 and
§21A-6-3 of said code, all relating to unemployment
compensation generally; revoking and preventing contractual
relationships or licensure with employers who are in default;
placing a limit on the amount of wages an election official
can receive in a calendar year that are not considered
employment wages for unemployment compensation purposes;
preventing State Unemployment Tax Act (SUTA) dumping, a method
to circumvent the paying of proper unemployment compensation
taxes in order to comply with federal requirements;
eliminating reductions in unemployment compensation for
persons receiving benefits under Title II of the Social
Security Act or similar payments under any act of Congress;
providing for disqualification of benefits under certain circumstances; and imposing a criminal penalty for dumping
violations.
Be it enacted by the Legislature of West Virginia:
That §21A-1A-17 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that §21A-2-6 of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §21A-5-10c; and that §21A-6-1 and §21A-6-
3 of said code be amended and reenacted, all to read as follows:
ARTICLE 1A. DEFINITIONS.
§21A-1A-17. Exclusions from employment.
The term "employment" does not include:
(1) Service performed in the employ of the United States or
any instrumentality of the United States exempt under the
Constitution of the United States from the payments imposed by this
law, except that to the extent that the Congress of the United
States permits states to require any instrumentalities of the
United States to make payments into an unemployment fund under a
state unemployment compensation law, all of the provisions of this
law are applicable to the instrumentalities and to service
performed for the instrumentalities in the same manner, to the same
extent and on the same terms as to all other employers, employing
units, individuals and services:
Provided, That if this state is
not certified for any year by the Secretary of Labor under 26
U.S.C. §3404, subsection (c), the payments required of the
instrumentalities with respect to the year shall be refunded by the commissioner from the fund in the same manner and within the same
period as is provided in section nineteen, article five of this
chapter with respect to payments erroneously collected;
(2) Service performed with respect to which unemployment
compensation is payable under the Railroad Unemployment Insurance
Act and service with respect to which unemployment benefits are
payable under an unemployment compensation system for maritime
employees established by an act of Congress. The Commissioner may
enter into agreements with the proper agency established under an
act of Congress to provide reciprocal treatment to individuals who,
after acquiring potential rights to unemployment compensation under
an Act of Congress or who have, after acquiring potential rights to
unemployment compensation under an act of Congress, acquired rights
to benefit under this chapter. Such agreement shall become
effective ten days after the publications which shall comply with
the general rules of the Department;
(3) Service performed by an individual in agricultural labor,
except as provided in subdivision (12), section sixteen of this
article, the definition of "employment." For purposes of this
subdivision, the term "agricultural labor" includes all services
performed:
(A) On a farm, in the employ of any person, in connection with
cultivating the soil, or in connection with raising or harvesting
any agricultural or horticultural commodity, including the raising,
shearing, feeding, caring for, training and management of
livestock, bees, poultry and fur-bearing animals and wildlife;
(B) In the employ of the owner or tenant or other operator of
a farm, in connection with the operation, management, conservation,
improvement or maintenance of the farm and its tools and equipment,
or in salvaging timber or clearing land of brush and other debris
left by a hurricane, if the major part of the service is performed
on a farm;
(C) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section fifteen
(g) of the Agricultural Marketing Act, as amended, as codified in
12 U.S.C. §1141j, subsection (g), or in connection with the ginning
of cotton, or in connection with the operation or maintenance of
ditches, canals, reservoirs or waterways, not owned or operated for
profit, used exclusively for supplying and storing water for
farming purposes;
(D) (i) In the employ of the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured state,
any agricultural or horticultural commodity; but only if the
operator produced more than one half of the commodity with respect
to which the service is performed; or (ii) in the employ of a group
of operators of farms (or a cooperative organization of which the
operators are members) in the performance of service described in
subparagraph (i) of this paragraph, but only if the operators
produced more than one half of the commodity with respect to which
the service is performed; but the provisions of subparagraphs (i) and (ii) of this paragraph are not applicable with respect to
service performed in connection with commercial canning or
commercial freezing or in connection with any agricultural or
horticultural commodity after its delivery to a terminal market for
distribution for consumption;
(E) On a farm operated for profit if the service is not in the
course of the employer's trade or business or is domestic service
in a private home of the employer. As used in this subdivision,
the term "farm" includes stock, dairy, poultry, fruit, fur-bearing
animals, truck farms, plantations, ranches, greenhouses, ranges and
nurseries, or other similar land areas or structures used primarily
for the raising of any agricultural or horticultural commodities;
(4) Domestic service in a private home except as provided in
subdivision (13), section sixteen of this article, the definition
of "employment";
(5) Service performed by an individual in the employ of his or
her son, daughter or spouse;
(6) Service performed by a child under the age of eighteen
years in the employ of his or her father or mother;
(7) Service as an officer or member of a crew of an American
vessel, performed on or in connection with the vessel, if the
operating office, from which the operations of the vessel operating
on navigable waters within or without the United States are
ordinarily and regularly supervised, managed, directed and
controlled, is without this state;
(8) Service performed by agents of mutual fund broker-dealers or insurance companies, exclusive of industrial insurance agents,
or by agents of investment companies, who are compensated wholly on
a commission basis;
(9) Service performed: (A) In the employ of a church or
convention or association of churches, or an organization which is
operated primarily for religious purposes and which is operated,
supervised, controlled or principally supported by a church or
convention or association of churches; or (B) by a duly ordained,
commissioned or licensed minister of a church in the exercise of
his or her ministry or by a member of a religious order in the
exercise of duties required by the order; or (C) by an individual
receiving rehabilitation or remunerative work in a facility
conducted for the purpose of carrying out a program of either: (i)
Rehabilitation for individuals whose earning capacity is impaired
by age or physical or mental deficiency or injury; or (ii)
providing remunerative work for individuals who because of their
impaired physical or mental capacity cannot be readily absorbed in
the competitive labor market:
Provided, That this exemption does
not apply to services performed by individuals if they are not
receiving rehabilitation or remunerative work on account of their
impaired capacity; or (D) as part of an unemployment work-relief or
work-training program assisted or financed, in whole or in part, by
any federal agency or an agency of a state or political subdivision
thereof, by an individual receiving the work relief or work
training; or (E) by an inmate of a custodial or penal institution;
(10) Service performed in the employ of a school, college or university, if the service is performed: (A) By a student who is
enrolled and is regularly attending classes at the school, college
or university; or (B) by the spouse of a student, if the spouse is
advised, at the time the spouse commences to perform the service,
that: (i) The employment of the spouse to perform the service is
provided under a program to provide financial assistance to the
student by the school, college or university; and (ii) the
employment will not be covered by any program of unemployment
insurance;
(11) Service performed by an individual who is enrolled at a
nonprofit or public educational institution which normally
maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in a
full-time program, taken for credit at the institution, which
combines academic instruction with work experience, if the service
is an integral part of the program and the institution has so
certified to the employer, except that this subdivision does not
apply to service performed in a program established for or on
behalf of an employer or group of employers;
(12) Service performed in the employ of a hospital, if the
service is performed by a patient of the hospital, as defined in
this article;
(13) Service in the employ of a governmental entity referred
to in subdivision (9), section sixteen of this article, the
definition of "employment," if the service is performed by an individual in the exercise of duties: (A) As an elected official;
(B) as a member of a legislative body, or a member of the
judiciary, of a state or political subdivision; (C) as a member of
the State National Guard or Air National Guard, except as provided
in section twenty-eight of this article; (D) as an employee serving
on a temporary basis in case of fire, storm, snow, earthquake,
flood or similar emergency; (E) in a position which, under or
pursuant to the laws of this state, is designated as: (i) A major
nontenured policymaking or advisory position; or (ii) a
policymaking or advisory position the performance of the duties of
which ordinarily does not require more than eight hours per week;
or (F) as any election official appointed to serve during any
municipal, county or state election,
if the amount of remuneration
received by the individual during the calendar year for services as
an election official is less than one thousand dollars;
(14) Service performed by a bona fide partner of a partnership
for the partnership; and
(15) Service performed by a person for his or her own sole
proprietorship.
Notwithstanding the foregoing exclusions from the definition
of "employment," services, except agricultural labor and domestic
service in a private home, are in employment if with respect to the
services a tax is required to be paid under any federal law
imposing a tax against which credit may be taken for contributions
required to be paid into a State Unemployment Compensation Fund, or
which as a condition for full tax credit against the tax imposed by the federal Unemployment Tax Act are required to be covered under
this chapter.
ARTICLE 2. THE COMMISSIONER OF THE BUREAU OF EMPLOYMENT PROGRAMS.
§21A-2-6. Powers and duties generally.
The Commissioner is the executive and administrative head of
the Bureau
or and has the power and duty to:
(1) Exercise general supervision for the governance of the
Bureau and propose rules for promulgation in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
implement the requirements of this chapter;
(2) Prescribe uniform rules pertaining to investigations,
departmental hearings and propose rules for promulgation;
(3) Supervise fiscal affairs and responsibilities of the
Bureau;
(4) Prescribe the qualifications of, appoint, remove and fix
the compensation of the officers and employees of the Bureau,
subject to the provisions of section ten, article four of this
chapter, relating to the board of review;
(5) Organize and administer the Bureau so as to comply with
the requirements of this chapter and to satisfy any conditions
established in applicable federal law or regulation;
(6) Make reports in the form and containing information
required by the United States Department of Labor and comply with
any requirements that the United States Department of Labor finds
necessary to assure the correctness and verification of the reports;
(7) Make available to any agency of the United States charged
with the Administration of Public Works or assistance through
public employment, upon its request, the name, address, ordinary
occupation and employment status of each recipient of unemployment
compensation and a statement of the recipient's rights to further
compensation under this chapter;
(8) Keep an accurate and complete record of all Bureau
proceedings, record and file all bonds and contracts and assume
responsibility for the custody and preservation of all papers and
documents of the Bureau;
(9) Sign and execute in the name of the state, by the "Bureau
of Employment Programs," any contract or agreement with the federal
government, its agencies, other states, their subdivisions or
private persons;
(10) Prescribe a salary scale to govern compensation of
appointees and employees of the Bureau;
(11) Make the original determination of right in claims for
benefits;
(12) Make recommendations and an annual report to the Governor
concerning the condition, operation and functioning of the Bureau;
(13) Invoke any legal or special remedy for the enforcement of
orders or the provisions of this chapter;
(14) Exercise any other power necessary to standardize
administration, expedite Bureau business, assure the establishment
of fair rules and promote the efficiency of the service;
(15) Keep an accurate and complete record and prepare a
monthly report of the number of persons employed and unemployed in
the state. The report shall be made available upon request to
members of the public and press;
(16) Provide at Bureau expense a program of continuing
professional, technical and specialized instruction for the
personnel of the Bureau;
(17) (A) Propose for promulgation rules under which agencies
of this state shall
revoke or not grant, issue or renew any
contract, license, permit, certificate or other authority to
conduct a trade, profession or business to or with any employing
unit whose account is in default with the Commissioner with regard
to the administration of this chapter. The term "agency" includes
any unit of state government such as officers, agencies, divisions,
departments, boards, commissions, authorities or public
corporations. An employing unit is not in default if it has
entered into a repayment agreement with the Unemployment
Compensation Division of the Bureau and remains in compliance with
its obligations under the repayment agreement.
(B) The rules shall provide that, before
revoking, granting,
issuing or renewing any contract, license, permit, certificate or
other authority to conduct a trade, profession or business to or
with any employing unit, the designated agencies shall review a
list or lists provided by the Bureau of employers that are in
default. If the employing unit's name is not on the list, the
agency, unless it has actual knowledge that the employing unit is in default with the Bureau, may grant, issue or renew the contract,
license, permit, certificate or other authority to conduct a trade,
profession or business. The list may be provided to the agency in
the form of a computerized database or databases that the agency
can access. Any objections to the
revocation or refusal to issue
or renew shall be reviewed under the appropriate provisions of this
chapter. The rules provided
for by this subdivision shall be
promulgated pursuant to the provisions of article three, chapter
twenty-nine-a of this code. The prohibition against granting,
issuing
or, renewing
or revoking any contract, license, permit,
certificate or other authority under this subdivision shall
continue in full force and effect until the revised rules are
promulgated and are in effect.
(C) The rules may be promulgated or implemented in phases so
that specific agencies or specific types of contracts, licenses,
permits, certificates or other authority to conduct trades,
professions or businesses will be subject to the rules beginning on
different dates. The presumptions of ownership or control
contained in the Division of Environmental Protection's Surface
Mining Reclamation Regulations promulgated under the provisions of
article three, chapter twenty-two of this code are not applicable
or controlling in determining the identity of employing units who
are in default for the purposes of this subdivision. The rules
shall also provide a procedure allowing any agency or interested
person, after being covered under the rules for at least one year,
to petition the Bureau of Employment Programs to be exempt from the provisions of the rules. Rules subjecting all applicable agencies
and contracts, licenses, permits, certificates or other authority
to conduct trades, professions or businesses to the requirements of
this subdivision that were promulgated prior to the first day of
October, two thousand three, shall be revised and submitted for
legislative review no later than the first day of June, two
thousand four;
(18) Deposit to the credit of the appropriate special revenue
account or fund, notwithstanding any other provision of this code
and to the extent allowed by federal law, all amounts of delinquent
payments or overpayments, interest and penalties thereon, and
attorneys' fees and costs collected under the provisions of this
chapter. The amounts collected shall not be treated by the auditor
or treasurer as part of the general revenue of the state; and
(19) Enter into interagency agreements to assist in exchanging
information and fulfilling the provisions of this article.
ARTICLE 5. EMPLOYER COVERAGE AND RESPONSIBILITY.
§21A-5-10c. Special rules regarding transfers of experience and
assignment of rates.
Notwithstanding any other provision of law, the following
shall apply regarding assignment of rates and transfers of
experience:
(a) (1) If an employer transfers its trade or business, or a
portion thereof, to another employer and, at the time of the
transfer, there is substantially common ownership, management or control of the two employers, then the unemployment experience
attributable to the transferred trade or business shall be
transferred to the employer to whom such business is so
transferred. The rates of both employers shall be recalculated and
made effective immediately upon the date of the transfer of trade
or business. The transfer of some or all of an employer's
workforce to another employer shall be considered a transfer of
trade or business when, as a result of such transfer, the
transferring employer no longer performs the trade or business with
respect to the transferred workforce, and such trade or business is
performed by the employer to whom the workforce is transferred.
(2) If, following a transfer of experience under paragraph
(1), the Commissioner determines that a substantial purpose of the
transfer of trade or business was to obtain a reduced liability for
contributions, then the experience rating accounts of the employers
involved shall be combined into a single account and a single rate
assigned to such account.
(b) Whenever a person who is not an employer, as defined in
section fifteen, article one-a, chapter twenty-one a of this code,
at the time it acquires the trade or business of an employer, the
unemployment experience of the acquired business shall not be
transferred to such person if the Commissioner or his or her
representative finds that such person acquired the business solely
or primarily for the purpose of obtaining a lower rate of
contributions. Instead, such person shall be assigned the
applicable new employer rate under section five, article five, chapter twenty-one-a of this code. In determining whether the
business was acquired solely or primarily for the purpose of
obtaining a lower rate of contributions, the Commissioner or his or
her representative shall use objective factors which may include
the cost of acquiring the business, whether the person continued
the business enterprise of the acquired business, how long such
business enterprise was continued, or whether a substantial number
of new employees were hired for performance of duties unrelated to
the business activity conducted prior to acquisition.
(c) (1) If a person knowingly violates or attempts to violate
subsection (a) or (b) or any other provision of this chapter
related to determining the assignment of a contribution rate, or if
a person knowingly advises another person in a way that results in
a violation of such provision, the person shall be subject to the
following penalties:
(A) If the person is an employer, then such employer shall be
assigned the highest rate assignable under this chapter for the
rate year during which such violation or attempted violation
occurred and the three rate years immediately following this rate
year. However, if the person's business is already at the highest
rate for any year, or if the amount of increase in the person's
rate would be less than two percent for that year, then a penalty
rate of contributions of two percent of taxable wages shall be
imposed for that year.
(B) If the person is not an employer, that person shall be
subject to a civil money penalty of not more than five thousand dollars. Any fine collected pursuant to this paragraph shall be
deposited in the Special Administrative Fund Account established
under section five-a, article nine, chapter twenty-one-a of this
code.
(2) For purposes of this section, the term "knowingly" means
having actual knowledge of or acting with deliberate ignorance or
reckless disregard for the prohibition involved.
(3) For purposes of this section, the term "violates or
attempts to violate" includes, but is not limited to, intent to
evade, misrepresentation or willful nondisclosure.
(4) In addition to the penalty imposed by paragraph (1), any
violation of this chapter may be prosecuted as a misdemeanor under
section ten, article ten, chapter twenty-one-a of this code.
(d) The Commissioner shall establish procedures to identify
the transfer or acquisition of a business for purposes of this
section.
(e) For purposes of this section: --
(1) "Person" has the meaning given such term by section
7701(a)(1) of the Internal Revenue Code of 1986; and
(2) "Trade or business" shall include the employer's
workforce.
(f) This section shall be interpreted and applied in such a
manner as to meet the minimum requirements contained in any
guidance or regulations issued by the United States Department of
Labor in effect at the time this section becomes law.
ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-1. Eligibility qualifications.
An unemployed individual shall be eligible to receive benefits
only if the Commissioner finds that:
(1) He
or she has registered for work at and thereafter
continues to report at an employment office in accordance with the
regulations of the Commissioner;
(2) He
or she has made a claim for benefits in accordance with
the provisions of article seven of this chapter and has furnished
his
or her social security number, or numbers if he
or she has more
than one such number;
(3) He
or she is able to work and is available for full-time
work for which he
or she is fitted by prior training or experience
and is doing that which a reasonably prudent person in his
or her
circumstances would do in seeking work;
(4) He
or she has been totally or partially unemployed during
his or her benefit year for a waiting period of one week prior to
the week for which he
or she claims benefits for total or partial
unemployment;
(5) He
or she has within his
or her base period been paid
wages for employment equal to not less than two thousand two
hundred dollars and must have
earned been paid wages in more than
one quarter of his
or her base period; and
(6) Beginning the first day of November, one thousand nine
hundred ninety-four, he
or she participates in reemployment
services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and
needs reemployment services pursuant to a profiling system
established by the Commissioner, unless the Commissioner determines
that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure to
participate in such services.
§21A-6-3. Disqualification for benefits.
Upon the determination of the facts by the Commissioner, an
individual shall be disqualified for benefits:
(1) For the week in which he
or she left his
or her most
recent work
and/or his or her last thirty-day employing unit
voluntarily without good cause involving fault on the part of the
employer and until the individual returns to covered employment and
has been employed in covered employment at least thirty working
days.
For the purpose of this subdivision (1), an individual
shall
not be deemed is not considered to have left his
or her most recent
work voluntarily without good cause involving fault on the part of
the employer, if
such the individual leaves his
or her most recent
work with an employer and if he
or she in fact, within a
fourteen-day calendar period, does return to employment with the
last preceding employer with whom he
or she was previously employed
within the past year prior to his
or her return to work day, and
which last preceding employer, after having previously employed
such the individual for thirty working days or more, laid off
such
the individual because of lack of work, which layoff occasioned the
payment of benefits under this chapter or could have occasioned the
payment of benefits under this chapter had
such the individual
applied for
such the benefits. It is the intent of this paragraph
to cause no disqualification for benefits for
such an individual
who complies with the foregoing set of requirements and conditions.
Further, for the purpose of this subdivision, an individual
shall
not be deemed is not considered to have left his
or her most recent
work voluntarily without good cause involving fault on the part of
the employer, if such individual was compelled to leave his
or her
work for his
or her own health-related reasons and presents
certification from a licensed physician
that was obtained prior to
leaving his or her employment that his
or her work aggravated,
worsened, or will worsen the individual's health problem.
An individual shall be disqualified for benefits:
(A) From the date of the sale of a business, and until such
time he or she is reemployed and eligible for benefits based on the
wages received through new employment, if the business was a
corporation and the individual was an officer or a majority or
controlling shareholder in the corporation and was involved in the
sale of the corporation.
(B) An individual who has been paid wages four times his or
her weekly benefit amount may not use wages paid by a corporation
for the determination of eligibility if the individual:
(i) Individually, or jointly with spouse, parent, sibling, or child owns or controls twenty-five percent or more interest in the
corporation; or
(ii) Is the spouse, parent, sibling, or minor child of any
individual who owns or controls twenty-five percent or more
interest in the corporation; and
(iii) is not totally separated from employment.
(2) For the week in which he
or she was discharged from his
or her most recent work for misconduct and the six weeks
immediately following such week;
or and/or for the week in which he
or she was discharged from his
or her last thirty-day employing
unit for misconduct and the six weeks immediately following such
week.
Such The disqualification shall carry a reduction in the
maximum benefit amount equal to six times the individual's weekly
benefit. However, if the claimant returns to work in covered
employment for thirty days during his
or her benefit year, whether
or not
such these days are consecutive, the maximum benefit amount
shall be increased by the amount of the decrease imposed under the
disqualification; except that:
If he
or she were was discharged from his
or her most recent
work for one of the following reasons,
or and/or if he
or she were
was discharged from his or her last thirty days employing unit for
one of the following reasons: Misconduct consisting of willful
destruction of his
or her employer's property; assault upon the
person of his
or her employer or any employee of his
or her
employer; if such assault is committed at such individual's place
of employment or in the course of employment; reporting to work in an intoxicated condition, or being intoxicated while at work;
reporting to work under the influence of any controlled substance,
or being under the influence of any controlled substance while at
work;
testing positive for a controlled substance or alcohol in a
test conducted pursuant to an employer's written policy; arson,
theft, larceny, fraud or embezzlement in connection with his
or her
work; or any other gross misconduct; he
or she shall be and remain
disqualified for benefits until he
or she has thereafter worked for
at least thirty days in covered employment:
Provided, That for the
purpose of this subdivision the words "any other gross misconduct"
shall include, but not be limited to, any act or acts of misconduct
where the individual has received prior written warning that
termination of employment may result from such act or acts.
(3) For the week in which he
or she failed without good cause
to apply for available, suitable work, accept suitable work when
offered, or return to his
or her customary self-employment when
directed to do so by the Commissioner, and for the four weeks which
immediately follow for such additional period as any offer of
suitable work shall continue open for his
or her acceptance.
Such
The disqualification shall carry a reduction in the maximum benefit
amount equal to four times the individual's weekly benefit amount.
(4) For a week in which his
or her total or partial
unemployment is due to a stoppage of work which exists because of
a labor dispute at the factory, establishment or other premises at
which he
or she was last employed, unless the commissioner is satisfied that he
or she (1) was not participating, financing, or
directly interested in such dispute, and (2) did not belong to a
grade or class of workers who were participating, financing or
directly interested in the labor dispute which resulted in the
stoppage of work. No disqualification under this subdivision shall
be imposed if the employees are required to accept wages, hours or
conditions of employment substantially less favorable than those
prevailing for similar work in the locality, or if employees are
denied the right of collective bargaining under generally
prevailing conditions, or if an employer shuts down his
or her
plant or operation or dismisses his
or her employees in order to
force wage reduction, changes in hours or working conditions.
For the purpose of this subdivision, if any stoppage of work
continues longer than four weeks after the termination of the labor
dispute which caused stoppage of work, there shall be a rebuttable
presumption that part of the stoppage of work which exists after
said period of four weeks after the termination of
said the labor
dispute did not exist because of
said the labor dispute; and in
such this event the burden
shall be is upon the employer or other
interested party to show otherwise.
(5) For a week with respect to which he
or she is receiving
or has received:
(a) Wages in lieu of notice;
(b) Compensation for temporary total disability under the
workers' compensation law of any state or under a similar law of
the United States; or
(c) Unemployment compensation benefits under the laws of the
United States or any other state.
(6) For the week in which an individual has voluntarily quit
employment to marry or to perform any marital, parental or family
duty, or to attend to his or her or her personal business or
affairs and until the individual returns to covered employment and
has been employed in covered employment at least thirty working
days.
(7) Benefits
shall may not be paid to any individual on the
basis of any services, substantially all of which consist of
participating in sports or athletic events or training or preparing
to so participate, for any week which commences during the period
between two successive sport seasons (or similar periods) if
such
the individual performed
such the services in the first of such
seasons (or similar periods) and there is a reasonable assurance
that such individual will perform
such these services in the later
of such seasons (or similar periods).
(8) (a) Benefits
shall may not be paid on the basis of
services performed by an alien unless
such the alien is an
individual who was lawfully admitted for permanent residence at the
time
such the services were performed, was lawfully present for
purposes of performing
such the services, or was permanently
residing in the United States under color of law at the time
such
these services were performed (including an alien who is lawfully
present in the United States as a result of the application of the
provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act):
Provided, That any modifications
to the provisions of section 3304(a)(14) of the Federal
Unemployment Tax Act as provided by Public Law 94-566 which specify
other conditions or other effective date than stated herein for the
denial of benefits based on services performed by aliens and which
modifications are required to be implemented under state law as a
condition for full tax credit against the tax imposed by the
federal Unemployment Tax Act
shall be deemed is considered
applicable under the provisions of this section;
(b) Any data or information required of individuals applying
for benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits;
(c) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to
such the individual are not payable because of his
or
her alien status shall be made except upon a preponderance of the
evidence.
(9) For each week in which an individual is unemployed
because, having voluntarily left employment to attend a school,
college, university or other educational institution, he
or she is
attending
such a school, college, university or other educational
institution, or is awaiting entrance thereto or is awaiting the
starting of a new term or session thereof, and until the individual
returns to covered employment.
(10) For each week in which he
or she is unemployed because of his
or her request, or that of his
or her duly authorized agent,
for a vacation period at a specified time that would leave the
employer no other alternative but to suspend operations.
(11) For each week with respect to which he
or she is
receiving or has received benefits under Title II of the Social
Security Act or similar payments under any act of Congress and/or
remuneration in the form of an annuity, pension or other retirement
pay from a base period and/or chargeable employer or from any trust
or fund contributed to by a base period and/or chargeable employer,
the weekly benefit amount payable to
such this individual for
such
the week shall be reduced (but not below zero) by the prorated
weekly amount of said benefits, payments and/or remuneration:
Provided, That if
such the amount of benefits is not a multiple of
one dollar, it shall be computed to the next lowest multiple of one
dollar:
Provided, however, That there shall be no disqualification
if in the individual's base period there are no wages which were
paid by the base period and/or chargeable employer paying
such the
remuneration, or by a fund into which the employer has paid during
said the base period
: Provided further, That notwithstanding any
other provision of this subdivision to the contrary, the weekly
benefit amount payable to such individual for such week shall not
be reduced by any retirement benefits he or she is receiving or has
received under Title II of the Social Security Act or similar
payments under any act of Congress. Claimant may be required to
certify as to whether or not he
or she is receiving or has been receiving remuneration in the form of an annuity, pension or other
retirement pay from a base period and/or chargeable employer or
from a trust fund contributed to by a base period and/or chargeable
employer.
(12) For each week in which and for fifty-two weeks
thereafter, beginning with the date of the decision, if the
Commissioner finds such individual, who within twenty-four calendar
months immediately preceding
such the decision, has made a false
statement or representation knowing it to be false or knowingly
fails to disclose a material fact, to obtain or increase any
benefit or payment under this article:
Provided, That
disqualification under this subdivision
shall does not preclude
prosecution under section seven, article ten of this chapter.