2015 -- H 5195

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LC000053

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

CONTRIBUTIONS

     Introduced By: Representatives Phillips, Morin, Casey, Serpa, and Reilly

     Date Introduced: January 21, 2015

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

determined as follows:

      (1) Credits to each employer's account:

      (i) After the September 30, 1958 computation date all contributions required under § 28-

43-8 and paid by each employer.

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

      (2) Charges to each employer's account:

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

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

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

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

of the most recent base period employer, as defined in § 28-43-1(7); provided, that if a claimant

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

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

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

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

employers from whom the claimant became separated from employment. No charge for benefits

paid under § 28-44-7 shall be made against the account of any employer who shows to the

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

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

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

employer, shall be charged to the balancing account.

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

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

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

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

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

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

balancing rate.

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

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

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

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

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

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

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

credited to the balancing account.

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

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

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

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

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

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

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

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

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

unemployment benefits that was subsequently overpaid.

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

charged a higher contribution toward their workers' unemployment compensation benefits

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

     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 LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

CONTRIBUTIONS

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

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

than one job.

     This act would take effect upon passage.

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