2019 -- H 5270

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LC001173

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

BENEFITS

     Introduced By: Representatives McKiernan, McEntee, Craven, Millea, and Almeida

     Date Introduced: February 01, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

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

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

allowance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

weekly benefit rate that was in effect as of July 1, 2011 or six hundred thirty-six dollars ($636)

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

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

($1.00).

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

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

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

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

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

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

succeeding calendar year.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the beginning of the individual's benefit year.

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

dependents' allowances exceed five (5) in total.

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

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

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

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

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

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

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

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

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

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

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

2011.

     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

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

prior calendar year or six hundred thirty-six dollars ($636) per week.

     This act would take effect upon passage.

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