2014 -- H 8316

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LC005853

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO EMPLOYMENT SECURITY - EMPLOYER CONTRIBUTIONS

     

     Introduced By: Representatives Phillips, Morin, and Casey

     Date Introduced: June 12, 2014

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-43-3 of the General Laws in Chapter 28-43 entitled

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"Employment Security - Contributions" is hereby amended to read as follows:

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     28-43-3. Employer's accounts -- Credits and charges. – (a) Subsequent to the

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establishment of a separate employer's account for each employer subject to chapters 42 -- 44 of

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this title as set forth in section 28-43-1(4), the credits and charges to each employer's account,

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exclusive of the state of Rhode Island, its political subdivisions, and their instrumentalities, shall

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be determined as follows:

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      (1) Credits to each employer's account:

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      (i) After the September 30, 1958 computation date all contributions required under

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section 28-43-8 and paid by each employer.

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      (ii) All surcharges required and paid under section 28-43-4.

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      (2) Charges to each employer's account:

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      (i) Refunds of overpayments under section 28-43-13, as of the date refunded;

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      (ii) For benefit years beginning subsequent to September 30, 1993, an amount equal to

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the benefits provided in sections 28-44-6(a) and (b), 28-44-7, and 28-44-8, and paid to each

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individual with respect to a benefit year, as of the date paid. Those benefits shall be charged to the

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account of the most recent base period employer, as defined in section 28-43-1(7); provided, that

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if a claimant works for two (2) or more employers concurrently, either full-time or part-time, and

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becomes unemployed on the same day from more than one employer, any benefits paid as a result

 

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of the unemployment shall be charged to the employers' accounts proportionately based upon the

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ratio of base period wages paid by each employer to the total base period wages paid by the

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concurrent employers from whom the claimant became separated from employment. No charge

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for benefits paid under section 28-44-7 shall be made against the account of any employer who

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shows to the satisfaction of the director that he or she has continued to employ the individual

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during the weeks of his or her claim to the same extent that he or she had employed him or her

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during that individual's base period, and those benefits, if not chargeable to the most recent base

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period employer, shall be charged to the balancing account.

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      (iii) If any base period employer, whether or not he or she was the most recent, shows to

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the satisfaction of the director that the individual who is in receipt of benefits became separated

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from his or her last employment with that employer for reasons which did result or would have

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resulted in a disqualification under section 28-44-17 or 28-44-18 had that base period employer

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been his or her most recent, those benefits shall be charged to the balancing account.

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      (iv) The entire amount charged to the employer's account under section 28-43-9 relating

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to the balancing rate.

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      (v) Whenever the provisions in this section specify that an employer's account shall not

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be charged, that non-charging shall be limited to benefits paid based on service with an employer

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required to pay contributions under the provisions of chapters 42 -- 44 of this title.

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      (vi) An amount equal to the benefits provided in section 28-44-62 and paid to each

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individual with respect to a benefit year as of the date paid minus the proportionate share of those

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benefits for which the state has been or will be reimbursed by the federal government. The federal

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share of any payments shall be charged to the balancing account and federal reimbursements shall

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be credited to the balancing account.

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      (vii) Whenever any benefits are paid for benefit years beginning subsequent to July 7,

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1996 to an individual unemployed as a result of physical damage to the real property at the

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employer's usual place of business caused by severe weather conditions, including, but not

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limited to, hurricanes, snowstorms, ice storms or flooding, or fire except where caused by the

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employer, those benefits shall be charged to the balancing account.

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      (viii) An employer's account shall not be relieved of charges relating to any benefits

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payments made if the director establishes on or after October 1, 2013 that the payment was made

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because the employer, or an agent of the employer, was at fault for failing to respond timely or

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adequately to the request of the department for information relating to the claim for

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unemployment benefits that was subsequently overpaid.

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     (b) Notwithstanding any provisions in this chapter to the contrary, no employer may be

 

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charged a higher contribution toward their workers' unemployment compensation benefits

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account fund solely because any one of their workers has more than one job.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EMPLOYMENT SECURITY - EMPLOYER CONTRIBUTIONS

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     This act would prevent employers from paying a higher contribution toward their

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workers' unemployment compensation benefits account fund if any one of their workers has more

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than one job.

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     This act would take effect upon passage.

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