2018 -- S 2806

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

BENEFITS

     

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: April 05, 2018

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-44-6 of the General Laws in Chapter 28-44 entitled

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

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     28-44-6. Weekly benefits for total unemployment -- Year established -- Dependents'

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allowance.

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     (a) (1) The benefit rate payable under this chapter to any eligible individual with respect

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to any week of his or her total unemployment, when that week occurs within a benefit year, shall

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be, for benefit years beginning on or after October 1, 1989 and prior to July 1, 2012, four and

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sixty-two hundredths percent (4.62%) of the wages paid to the individual in that calendar quarter

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of the base period in which the individual's wages were highest;

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     (2) The benefit rate payable under this chapter to any eligible individual with respect to

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any week of his or her total unemployment, when that week occurs within a benefit year, shall be,

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for benefit years beginning on or after July 1, 2012 and prior to July 1, 2013, four and thirty-eight

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hundredths percent (4.38%) of the average quarterly wage paid to the individual in the two (2)

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calendar quarters of the base period in which the individual's wages were highest;

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     (3) The benefit rate payable under this chapter to any eligible individual with respect to

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any week of his or her total unemployment, when that week occurs within a benefit year, shall be,

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for benefit years beginning on or after July 1, 2013 and prior to July 1, 2014, four and fifteen

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hundredths percent (4.15%) of the average quarterly wage paid to the individual in the two

 

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calendar quarters of the base period in which the individual's wages were highest;

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     (4) The benefit rate payable under this chapter to any eligible individual with respect to

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any week of his or her total unemployment, when that week occurs within a benefit year, shall be,

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for benefit years beginning on or after July 1, 2014, three and eighty-five hundredths percent

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(3.85%) of the average quarterly wage paid to the individual in the two calendar quarters of the

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base period in which the individual's wages were highest;

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     (5) Provided, that the benefit rate prior to July 1, 2012 shall not be more than sixty-seven

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percent (67%) of the average weekly wage paid to individuals in employment covered by the

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Employment Security Act for the preceding calendar year ending December 31. Provided, further

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that the benefit rate on or after July 1, 2012 shall not be more than fifty-seven and one-half

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percent (57.5%) of the average weekly wage paid to individuals in employment covered by the

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Employment Security Act for the preceding calendar year ending December 31 or the maximum

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weekly benefit rate that was in effect as of July 1, 2011 or six hundred sixteen dollars ($616) per

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week, whichever is the highest. If the maximum weekly benefit rate is not an exact multiple of

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one dollar ($1.00), then the rate shall be rounded to the next lower multiple of one dollar ($1.00).

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     (6) The average weekly wage of individuals in covered employment shall be computed as

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follows: On or before May 31 of each year, the total annual wages paid to individuals in covered

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employment for the preceding calendar year by all employers shall be divided by the monthly

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average number of individuals in covered employment during that preceding calendar year, and

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the quotient shall be divided by fifty-two (52). That weekly benefit rates shall be effective

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throughout benefit years beginning on or after July 1 of that year and prior to July 1, of the

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succeeding calendar year.

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     (7) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall

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be rounded to the next lower multiple of one dollar ($1.00).

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     (b) (1) An individual to whom benefits for total or partial unemployment are payable

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under this chapter with respect to any week shall, in addition to those benefits, be paid with

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respect to each week a dependents' allowance of fifteen dollars ($15.00) or five percent (5%) of

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the individual's benefit rate whichever is greater for each of that individual's children, including

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adopted and stepchildren, or that individual's court appointed wards who, at the beginning of the

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individual's benefit year, is under eighteen (18) years of age, and who is at that time in fact

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dependent on that individual, including individuals who have been appointed the legal guardian

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of such child by the appropriate court. The total dependents' allowance paid to any individual

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shall not exceed the greater of fifty dollars ($50) or twenty-five percent (25%) of the individual's

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benefit rate. Notwithstanding the above, the total amount of the dependents' allowance paid to

 

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individuals receiving partial unemployment benefits for any week shall be based on the

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percentage that their partial weekly benefit rate is compared to their full weekly benefit rate.

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     (2) The dependent's allowance shall also be paid to the individual for any child, including

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an adopted child or a stepchild, eighteen (18) years of age or over, incapable of earning any

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wages because of mental or physical incapacity, and who is dependent on that individual in fact at

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the beginning of the individual's benefit year.

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     (3) In no instance shall the number of dependents for which an individual may receive

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dependents' allowances exceed five (5) in total.

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     (4) The weekly total of dependents' allowances payable to any individual, if not an exact

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multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00).

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     (5) The number of an individual's dependents, and the fact of their dependency, shall be

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determined as of the beginning of that individual's benefit year. Only one individual shall be

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entitled to a dependent's allowance for the same dependent with respect to any week. As to two

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(2) or more parties making claim for an allowance for the same dependent for the same week, the

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benefit shall be provided to the party who has actual custody of the dependent or in the case of

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joint custody, to the party who has physical possession of the dependent.

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     (6) Each individual who claims a dependent's allowance shall establish his or her claim to

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it to the satisfaction of the director under procedures established by the director.

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     (7) This subsection shall be effective for all benefit years beginning on or after January 1,

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2011.

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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 LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

BENEFITS

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     This act would increase the maximum weekly unemployment benefit rate to the higher of

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fifty-seven and one-half percent (57.5%) of the average weekly wages paid to workers in the prior

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calendar year or six hundred sixteen dollars ($616) per week.

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     This act would take effect upon passage.

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