As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 478 5
1997-1998 6
REPRESENTATIVES CORBIN-HODGES-GARCIA-O'BRIEN-BRADING- 8
SCHULER-TERWILLEGER-LAWRENCE-BOYD 9
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A B I L L
To amend sections 2743.55, 4141.01, 4141.05, 13
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 14
4141.20, 4141.21, 4141.22, 4141.24, 4141.241, 15
4141.25, 4141.26, 4141.28, 4141.29, 4141.291, 16
4141.301, 4141.312, 4141.33, 4141.35, and 4141.43 17
and to repeal sections 4141.043 and 4141.251 of 19
the Revised Code to make changes in the 20
determination of benefits by the Administrator of 21
the Bureau of Employment Services, to make 22
changes in the appeals process for unemployment 23
compensation claims, to clarify when an employer 25
receives an experience-rated unemployment tax 26
rate, to change the notice requirements for 27
employers, to eliminate the provisions regarding 28
seasonal employment, to permit the Bureau to 29
charge the mutualized account when there is no 30
other account to which benefits may be charged, 31
to specify that all information maintained by the 32
Administrator is confidential, to authorize the 33
acceptance of reports required from employers and 34
unemployment claims from claimants by electronic 35
means, to delete the calendar year 1990 costs of 37
automation surcharge on all employers, to provide 38
that the Bureau receives legal process in child 39
support enforcement matters rather than the 40
Department of Human Services, to include limited 41
liability companies in the definition of 42
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"employer," to change the definition of 44
independent contractor, to make conforming 45
changes in response to changes in the Federal 46
Unemployment Tax Act, and to make other changes 47
in the Unemployment Compensation Law. 48
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 50
Section 1. That sections 2743.55, 4141.01, 4141.05, 52
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 4141.21, 54
4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 4141.29, 55
4141.291, 4141.301, 4141.312, 4141.33, 4141.35, and 4141.43 of
the Revised Code be amended to read as follows: 58
Sec. 2743.55. (A) A single commissioner or a panel of 67
court of claims commissioners shall hear and determine all 68
matters relating to claims for an award of reparations. A claim 69
for an award of reparations shall not be heard and determined 70
until the expiration of the time allowed for the claimant to 71
respond to the attorney general's finding of fact and 72
recommendation for the claim. A single commissioner or a panel 73
of commissioners may order law enforcement officers to provide 74
them with copies of any information or data gathered in the 75
investigation of the criminally injurious conduct that is the 76
basis of any claim to enable the commissioners to determine 77
whether, and the extent to which, a claimant qualifies for an 78
award of reparations. 79
Any reference in sections 2743.51 to 2743.72 of the Revised 81
Code to action by more than a single commissioner means action by 82
a panel of commissioners. A panel shall consist of three 83
commissioners who may only proceed upon a majority vote. 84
(B) The court of claims commissioners shall sit in 86
Franklin county. A single commissioner or any panel of 87
commissioners, pursuant to rules adopted by the chief justice of 88
the supreme court, may sit and hear claims for an award of 89
reparations at any other location in the state. 90
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(C) Each claim for an award of reparations shall be heard 92
by a single commissioner. The commissioner may determine the 93
claim and make an award administratively without a hearing. If a 94
claimant or the attorney general objects to the determination or 95
award made by a single commissioner and files an objection with 96
the clerk within thirty days after journalization of the order of 97
the commissioner, the claim shall be heard by a panel of three 98
commissioners who shall make an award or deny the claim upon a 99
majority vote. 100
(D) If a claimant files a claim for an award of 102
reparations based upon unemployment benefits loss and if the 103
eligibility of the claimant for unemployment benefits is the 104
subject of a request for reconsideration or an appeal that has 105
not been finally determined pursuant to division (Q) of section 106
4141.28 of the Revised Code, a single commissioner or a panel of 107
court of claims commissioners that is hearing the claimant's 108
claim for an award of reparations shall not make a determination 109
of that claim, until after the claimant's eligibility for 110
unemployment benefits pursuant to Chapter 4141. of the Revised 111
Code has been finally determined pursuant to division (Q) of 112
section 4141.28 of the Revised Code. 113
(E) The supreme court may promulgate rules to implement 115
sections 2743.51 to 2743.72 of the Revised Code, which may 116
include rules for the allowance of attorney's fees, the procedure 117
for hearing claims by a single commissioner or by a panel of 118
court of claims commissioners, and the procedure for hearing 119
appeals from decisions of the court of claims commissioners. 120
Sec. 4141.01. As used in this chapter, unless the context 129
otherwise requires: 130
(A)(1) "Employer" means the state, its instrumentalities, 132
its political subdivisions and their instrumentalities, and any 133
individual or type of organization including any partnership, 134
LIMITED LIABILITY COMPANY, association, trust, estate, 135
joint-stock company, insurance company, or corporation, whether 137
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domestic or foreign, or the receiver, trustee in bankruptcy, 138
trustee, or the successor thereof, or the legal representative of 139
a deceased person who subsequent to December 31, 1971, or in the 140
case of political subdivisions or their instrumentalities, 141
subsequent to December 31, 1973: 142
(a) Had in employment at least one individual, or in the 144
case of a nonprofit organization, subsequent to December 31, 145
1973, had not less than four individuals in employment for some 146
portion of a day in each of twenty different calendar weeks, in 147
either the current or the preceding calendar year whether or not 148
the same individual was in employment in each such day; or 149
(b) Except for a nonprofit organization, had paid for 151
service in employment wages of fifteen hundred dollars or more in 152
any calendar quarter in either the current or preceding calendar 153
year; or 154
(c) Had paid, subsequent to December 31, 1977, for 156
employment in domestic service in a local college club, or local 157
chapter of a college fraternity or sorority, cash remuneration of 158
one thousand dollars or more in any calendar quarter in the 159
current calendar year or the preceding calendar year, or had paid 160
subsequent to December 31, 1977, for employment in domestic 161
service in a private home cash remuneration of one thousand 162
dollars in any calendar quarter in the current calendar year or 164
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 166
this section, there shall not be taken into account any wages 167
paid to, or employment of, an individual performing domestic 168
service as described in this division. 169
(ii) An employer under this division shall not be an 171
employer with respect to wages paid for any services other than 172
domestic service unless the employer is also found to be an 173
employer under division (A)(1)(a), (b), or (d) of this section. 174
(d) As a farm operator or a crew leader subsequent to 176
December 31, 1977, had in employment individuals in agricultural 177
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labor; and 178
(i) During any calendar quarter in the current calendar 180
year or the preceding calendar year, paid cash remuneration of 181
twenty thousand dollars or more for the agricultural labor; or 182
(ii) Had at least ten individuals in employment in 184
agricultural labor, not including such labor when performed 185
before January 1, 1980, by an alien AGRICULTURAL WORKERS WHO ARE 186
ALIENS ADMITTED TO THE UNITED STATES TO PERFORM AGRICULTURAL 187
LABOR PURSUANT TO SECTIONS 214(e) AND 101(a)(15)(H) OF THE 189
"IMMIGRATION AND NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 190
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 192
twenty different calendar weeks, in either the current or 193
preceding calendar year whether or not the same individual was in 194
employment in each day; or
(e) Is not otherwise an employer as defined under division 196
(A)(1)(a) or (b) of this section; and 197
(i) For which, within either the current or preceding 199
calendar year, service, except for domestic service in a private 200
home not covered under division (A)(1)(c) of this section, is or 201
was performed with respect to which such employer is liable for 202
any federal tax against which credit may be taken for 203
contributions required to be paid into a state unemployment fund; 204
(ii) Which, as a condition for approval of this chapter 206
for full tax credit against the tax imposed by the "Federal 207
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, is 209
required, pursuant to such act to be an employer under this 210
chapter; or 211
(iii) Who became an employer by election under division 213
(A)(4) or (5) of this section and for the duration of such 214
election; or 215
(f) In the case of the state, its instrumentalities, its 217
political subdivisions, and their instrumentalities, had in 218
employment, as defined in division (B)(2)(a) of this section, at 219
least one individual; 220
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(g) For the purposes of division (A)(1)(a) of this 222
section, if any week includes both the thirty-first day of 223
December and the first day of January, the days of that week 224
before the first day of January shall be considered one calendar 225
week and the days beginning the first day of January another 226
week. 227
(2) Each individual employed to perform or to assist in 229
performing the work of any agent or employee of an employer is 230
employed by such employer for all the purposes of this chapter, 231
whether such individual was hired or paid directly by such 232
employer or by such agent or employee, provided the employer had 233
actual or constructive knowledge of the work. All individuals 234
performing services for an employer of any person in this state 235
who maintains two or more establishments within this state are 236
employed by a single employer for the purposes of this chapter. 237
(3) An employer subject to this chapter within any 239
calendar year is subject to this chapter during the whole of such 240
year and during the next succeeding calendar year. 241
(4) An employer not otherwise subject to this chapter who 243
files with the administrator of the bureau of employment services 244
a written election to become an employer subject to this chapter 246
for not less than two calendar years shall, with the written 247
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 248
employers as of the date stated in such approval, and shall cease 249
to be subject to this chapter as of the first day of January of 250
any calendar year subsequent to such two calendar years only if 251
at least thirty days prior to such first day of January the 252
employer has filed with the administrator a written notice to 253
that effect.
(5) Any employer for whom services that do not constitute 255
employment are performed may file with the administrator a 256
written election that all such services performed by individuals 257
in the employer's employ in one or more distinct establishments 258
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or places of business shall be deemed to constitute employment 259
for all the purposes of this chapter, for not less than two 260
calendar years. Upon written approval of the election by the 261
administrator, such services shall be deemed to constitute 262
employment subject to this chapter from and after the date stated 263
in such approval. Such services shall cease to be employment 264
subject to this chapter as of the first day of January of any 265
calendar year subsequent to such two calendar years only if at 266
least thirty days prior to such first day of January such 267
employer has filed with the administrator a written notice to 268
that effect.
(B)(1) "Employment" means: 270
(a) Service SERVICE performed BY AN INDIVIDUAL for wages 273
REMUNERATION under any contract of hire, written or oral, express 274
or implied, including service performed in interstate commerce 275
and service performed by an officer of a corporation, without 276
regard to whether such service is executive, managerial, or 277
manual in nature, and without regard to whether such officer is a 278
stockholder or a member of the board of directors of the 279
corporation;
(b) Services performed by an individual for remuneration, 281
unless it is shown to the satisfaction of the administrator that 282
such individual: 283
(i) Has HAS been and will continue to be free from control 285
or direction OR CONTROL over the performance of such service, 286
both under a contract of service and in fact; 288
(ii) That such service is outside the usual course of the 290
business for which service is performed; and 291
(iii) That such individual is customarily engaged in an 293
independently established trade, occupation, profession, or 294
business. THE ADMINISTRATOR SHALL ADOPT RULES TO DEFINE 295
"DIRECTION OR CONTROL." 296
(2) "Employment" includes: 298
(a) Service performed after December 31, 1977, by an 300
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individual in the employ of the state or any of its 301
instrumentalities, or any political subdivision thereof or any of 302
its instrumentalities or any instrumentality of more than one of 303
the foregoing or any instrumentality of any of the foregoing and 304
one or more other states or political subdivisions and without 305
regard to divisions (A)(1)(a) and (b) of this section, provided 306
that such service is excluded from employment as defined in the 307
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 308
3306(c)(7) and is not excluded under division (B)(3) of this 309
section; or the services of employees covered by voluntary 310
election, as provided under divisions (A)(4) and (5) of this 311
section; 312
(b) Service performed after December 31, 1971, by an 314
individual in the employ of a religious, charitable, educational, 315
or other organization which is excluded from the term 316
"employment" as defined in the "Federal Unemployment Tax Act," 84 317
Stat. 713, 26 U.S.C.A. 3301 TO 3311, solely by reason of section 319
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 320
division (B)(3) of this section; 321
(c) Domestic service performed after December 31, 1977, 323
for an employer, as provided in division (A)(1)(c) of this 324
section; 325
(d) Agricultural labor performed after December 31, 1977, 327
for a farm operator or a crew leader, as provided in division 328
(A)(1)(d) of this section; 329
(e) Service not covered under division (B)(1)(b) of this 331
section which is performed after December 31, 1971: 332
(i) As an agent-driver or commission-driver engaged in 334
distributing meat products, vegetable products, fruit products, 335
bakery products, beverages other than milk, laundry, or 336
dry-cleaning services, for the individual's employer or 337
principal; 338
(ii) As a traveling or city salesperson, other than as an 340
agent-driver or commission-driver, engaged on a full-time basis 341
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in the solicitation on behalf of and in the transmission to the 343
salesperson's employer or principal except for sideline sales 344
activities on behalf of some other person of orders from 345
wholesalers, retailers, contractors, or operators of hotels, 346
restaurants, or other similar establishments for merchandise for 347
resale, or supplies for use in their business operations, 348
provided that for the purposes of this division (B)(2)(e)(ii) of 349
this section, the services shall be deemed employment if the 350
contract of service contemplates that substantially all of the 351
services are to be performed personally by the individual and 352
that the individual does not have a substantial investment in 353
facilities used in connection with the performance of the 354
services other than in facilities for transportation, and the 355
services are not in the nature of a single transaction that is 356
not a part of a continuing relationship with the person for whom 357
the services are performed. 358
(f) An individual's entire service performed within or 360
both within and without the state if: 361
(i) The service is localized in this state. 363
(ii) The service is not localized in any state, but some 365
of the service is performed in this state and either the base of 366
operations, or if there is no base of operations then the place 367
from which such service is directed or controlled, is in this 368
state or the base of operations or place from which such service 369
is directed or controlled is not in any state in which some part 370
of the service is performed but the individual's residence is in 371
this state. 372
(g) Service not covered under division (B)(2)(f)(ii) of 374
this section and performed entirely without this state, with 375
respect to no part of which contributions are required and paid 376
under an unemployment compensation law of any other state, the 377
Virgin Islands, Canada, or of the United States, if the 378
individual performing such service is a resident of this state 379
and the administrator of the bureau of employment services 380
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approves the election of the employer for whom such services are 381
performed; or, if the individual is not a resident of this state 383
but the place from which the service is directed or controlled is 384
in this state, the entire services of such individual shall be 385
deemed to be employment subject to this chapter, provided service 386
is deemed to be localized within this state if the service is 387
performed entirely within this state or if the service is 388
performed both within and without this state but the service 389
performed without this state is incidental to the individual's 390
service within the state, for example, is temporary or transitory 391
in nature or consists of isolated transactions; 392
(h) Service of an individual who is a citizen of the 394
United States, performed outside the United States except in 395
Canada after December 31, 1971, or the Virgin Islands, after 396
December 31, 1971, and before the first day of January of the 397
year following that in which the United States secretary of labor 398
approves the Virgin Islands law for the first time, in the employ 399
of an American employer, other than service which is "employment" 400
under divisions (B)(2)(f) and (g) of this section or similar 401
provisions of another state's law, if: 402
(i) The employer's principal place of business in the 404
United States is located in this state; 405
(ii) The employer has no place of business in the United 407
States, but the employer is an individual who is a resident of 408
this state; or the employer is a corporation which is organized 409
under the laws of this state, or the employer is a partnership or 410
a trust and the number of partners or trustees who are residents 411
of this state is greater than the number who are residents of any 412
other state; or 413
(iii) None of the criteria of divisions (B)(2)(f)(i) and 415
(ii) of this section is met but the employer has elected coverage 416
in this state or the employer having failed to elect coverage in 417
any state, the individual has filed a claim for benefits, based 418
on such service, under this chapter. 419
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(i) For the purposes of division (B)(2)(h) of this 421
section, the term "American employer" means an employer who is an 422
individual who is a resident of the United States; or a 423
partnership, if two-thirds or more of the partners are residents 424
of the United States; or a trust, if all of the trustees are 425
residents of the United States; or a corporation organized under 426
the laws of the United States or of any state, provided the term 427
"United States" includes the states, the District of Columbia, 428
the Commonwealth of Puerto Rico, and the Virgin Islands. 429
(j) Notwithstanding any other provisions of divisions 431
(B)(1) and (2) of this section, service, except for domestic 432
service in a private home not covered under division (A)(1)(c) of 433
this section, with respect to which a tax is required to be paid 434
under any federal law imposing a tax against which credit may be 435
taken for contributions required to be paid into a state 436
unemployment fund, or service, except for domestic service in a 437
private home not covered under division (A)(1)(c) of this 438
section, which, as a condition for full tax credit against the 439
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 440
26 U.S.C.A. 3301 TO 3311, is required to be covered under this 441
chapter. 442
(k) Construction services performed by any individual 444
under a construction contract, as defined in section 4141.39 of 445
the Revised Code, if the administrator determines that the 446
employer for whom services are performed has the right to direct 448
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 449
services performed. The administrator shall presume that the 450
employer for whom services are performed has the right to direct 451
or control the performance of the services if ten or more of the 452
following criteria apply:
(i) The employer directs or controls the manner or method 455
by which instructions are given to the individual performing
services; 456
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(ii) The employer requires particular training for the 459
individual performing services;
(iii) Services performed by the individual are integrated 462
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 465
particular individual;
(v) The employer hires, supervises, or pays the wages of 468
the individual performing services;
(vi) A continuing relationship between the employer and 471
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 472
(vii) The employer requires the individual to perform 475
services during established hours;
(viii) The employer requires that the individual 477
performing services be devoted on a full-time basis to the 478
business of the employer; 479
(ix) The employer requires the individual to perform 481
services on the employer's premises; 482
(x) The employer requires the individual performing 484
services to follow the order of work established by the employer; 485
(xi) The employer requires the individual performing 487
services to make oral or written reports of progress; 488
(xii) The employer makes payment to the individual for 491
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 493
performing services; 494
(xiv) The employer furnishes the tools and materials for 497
use by the individual to perform services;
(xv) The individual performing services has not invested 500
in the facilities used to perform services;
(xvi) The individual performing services does not realize 503
a profit or suffer a loss as a result of the performance of the
services; 504
(xvii) The individual performing services is not 506
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performing services for more than two employers simultaneously; 507
(xviii) The individual performing services does not make 510
the services available to the general public;
(xix) The employer has a right to discharge the individual 513
performing services;
(xx) The individual performing services has the right to 516
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 517
agreement.
(3) "Employment" does not include the following services 519
if they are found not subject to the "Federal Unemployment Tax 520
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 TO 3311, and if the 522
services are not required to be included under division (B)(2)(j) 523
of this section: 524
(a) Service performed after December 31, 1977, in 526
agricultural labor, except as provided in division (A)(1)(d) of 527
this section; 528
(b) Domestic service performed after December 31, 1977, in 530
a private home, local college club, or local chapter of a college 531
fraternity or sorority except as provided in division (A)(1)(c) 532
of this section; 533
(c) Service performed after December 31, 1977, for this 535
state or a political subdivision as described in division (B)(2) 536
(a) of this section when performed: 537
(i) As a publicly elected official; 539
(ii) As a member of a legislative body, or a member of the 541
judiciary; 542
(iii) As a military member of the state national guard or 544
air national guard; 545
(iv) As an employee, not in the classified service as 547
defined in section 124.11 of the Revised Code, serving on a 548
temporary basis in case of fire, storm, snow, earthquake, flood, 549
or similar emergency; 550
(v) In a position which, under or pursuant to law, is 552
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designated as a major nontenured policymaking or advisory 553
position, not in the classified service of the state, or a 554
policymaking or advisory position the performance of the duties 555
of which ordinarily does not require more than eight hours per 556
week. 557
(d) In the employ of any governmental unit or 559
instrumentality of the United States; 560
(e) Service performed after December 31, 1971: 562
(i) Service in the employ of an educational institution or 564
institution of higher education, including those operated by the 565
state or a political subdivision, if such service is performed by 566
a student who is enrolled and is regularly attending classes at 567
the educational institution or institution of higher education; 568
or 569
(ii) By an individual who is enrolled at a nonprofit or 571
public educational institution which normally maintains a regular 572
faculty and curriculum and normally has a regularly organized 573
body of students in attendance at the place where its educational 574
activities are carried on as a student in a full-time program, 575
taken for credit at the institution, which combines academic 576
instruction with work experience, if the service is an integral 577
part of the program, and the institution has so certified to the 578
employer, provided that this subdivision shall not apply to 579
service performed in a program established for or on behalf of an 580
employer or group of employers; 581
(f) Service performed by an individual in the employ of 583
the individual's son, daughter, or spouse and service performed 584
by a child under the age of eighteen in the employ of the child's 585
father or mother;
(g) Service performed for one or more principals by an 587
individual who is compensated on a commission basis, who in the 588
performance of the work is master of the individual's own time 590
and efforts, and whose remuneration is wholly dependent on the 591
amount of effort the individual chooses to expend, and which 592
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service is not subject to the "Federal Unemployment Tax Act," 53 593
Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed 594
after December 31, 1971: 595
(i) By an individual for an employer as an insurance agent 597
or as an insurance solicitor, if all this service is performed 598
for remuneration solely by way of commission; 599
(ii) As a home worker performing work, according to 601
specifications furnished by the employer for whom the services 602
are performed, on materials or goods furnished by such employer 603
which are required to be returned to the employer or to a person 604
designated for that purpose. 605
(h) Service performed after December 31, 1971: 607
(i) In the employ of a church or convention or association 609
of churches, or in an organization which is operated primarily 610
for religious purposes and which is operated, supervised, 611
controlled, or principally supported by a church or convention or 612
association of churches; 613
(ii) By a duly ordained, commissioned, or licensed 615
minister of a church in the exercise of the individual's ministry 617
or by a member of a religious order in the exercise of duties 618
required by such order; or 619
(iii) In a facility conducted for the purpose of carrying 621
out a program of rehabilitation for individuals whose earning 622
capacity is impaired by age or physical or mental deficiency or 623
injury, or providing remunerative work for individuals who 624
because of their impaired physical or mental capacity cannot be 625
readily absorbed in the competitive labor market, by an 626
individual receiving such rehabilitation or remunerative work; 627
(i) Service performed after June 30, 1939, with respect to 629
which unemployment compensation is payable under the "Railroad 630
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 631
(j) Service performed by an individual in the employ of 633
any organization exempt from income tax under section 501 of the 634
"Internal Revenue Code of 1954," if the remuneration for such 635
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service does not exceed fifty dollars in any calendar quarter, or 636
if such service is in connection with the collection of dues or 637
premiums for a fraternal beneficial society, order, or 638
association and is performed away from the home office or is 639
ritualistic service in connection with any such society, order, 640
or association; 641
(k) Casual labor not in the course of an employer's trade 643
or business; incidental service performed by an officer, 644
appraiser, or member of a finance committee of a bank, building 645
and loan association, savings and loan association, or savings 646
association when the remuneration for such incidental service 647
exclusive of the amount paid or allotted for directors' fees does 648
not exceed sixty dollars per calendar quarter is casual labor; 649
(l) Service performed in the employ of a voluntary 651
employees' beneficial association providing for the payment of 652
life, sickness, accident, or other benefits to the members of 653
such association or their dependents or their designated 654
beneficiaries, if admission to a membership in such association 655
is limited to individuals who are officers or employees of a 656
municipal or public corporation, of a political subdivision of 657
the state, or of the United States and no part of the net 658
earnings of such association inures, other than through such 659
payments, to the benefit of any private shareholder or 660
individual; 661
(m) Service performed by an individual in the employ of a 663
foreign government, including service as a consular or other 664
officer or employee or of a nondiplomatic representative; 665
(n) Service performed in the employ of an instrumentality 667
wholly owned by a foreign government if the service is of a 668
character similar to that performed in foreign countries by 669
employees of the United States or of an instrumentality thereof 670
and if the administrator finds that the secretary of state of the 671
United States has certified to the secretary of the treasury of 672
the United States that the foreign government, with respect to 673
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whose instrumentality exemption is claimed, grants an equivalent 674
exemption with respect to similar service performed in the 675
foreign country by employees of the United States and of 676
instrumentalities thereof; 677
(o) Service with respect to which unemployment 679
compensation is payable under an unemployment compensation system 680
established by an act of congress; 681
(p) Service performed as a student nurse in the employ of 683
a hospital or a nurses' training school by an individual who is 684
enrolled and is regularly attending classes in a nurses' training 685
school chartered or approved pursuant to state law, and service 686
performed as an intern in the employ of a hospital by an 687
individual who has completed a four years' course in a medical 688
school chartered or approved pursuant to state law; 689
(q) Service performed by an individual under the age of 691
eighteen in the delivery or distribution of newspapers or 692
shopping news, not including delivery or distribution to any 693
point for subsequent delivery or distribution; 694
(r) Service performed in the employ of the United States 696
or an instrumentality of the United States immune under the 697
constitution of the United States from the contributions imposed 698
by this chapter, except that to the extent that congress permits 699
states to require any instrumentalities of the United States to 700
make payments into an unemployment fund under a state 701
unemployment compensation act, this chapter shall be applicable 702
to such instrumentalities and to services performed for such 703
instrumentalities in the same manner, to the same extent, and on 704
the same terms as to all other employers, individuals, and 705
services, provided that if this state is not certified for any 706
year by the proper agency of the United States under section 3304 707
of the "Internal Revenue Code of 1954," the payments required of 708
such instrumentalities with respect to such year shall be 709
refunded by the administrator from the fund in the same manner 710
and within the same period as is provided in division (E) of 711
18
section 4141.09 of the Revised Code with respect to contributions 712
erroneously collected; 713
(s) Service performed by an individual as a member of a 715
band or orchestra, provided such service does not represent the 716
principal occupation of such individual, and which service is not 717
subject to or required to be covered for full tax credit against 718
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 719
183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed after 720
December 31, 1971, for a nonprofit organization, this state or 722
its instrumentalities, or a political subdivision or its 723
instrumentalities, as part of an unemployment work-relief or 724
work-training program assisted or financed in whole or in part by 725
any federal agency or an agency of a state or political 726
subdivision thereof, by an individual receiving the work-relief 727
or work-training. 728
(t) Service performed in the employ of a day camp whose 730
camping season does not exceed twelve weeks in any calendar year, 731
and which service is not subject to the "Federal Unemployment Tax 732
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service 733
performed after December 31, 1971: 735
(i) In the employ of a hospital, if the service is 737
performed by a patient of the hospital, as defined in division 738
(W) of this section; 739
(ii) For a prison or other correctional institution by an 741
inmate of the prison or correctional institution; 742
(iii) Service performed after December 31, 1977, by an 744
inmate of a custodial institution operated by the state, a 745
political subdivision, or a nonprofit organization. 746
(u) SERVICE THAT IS PERFORMED BY A NONRESIDENT ALIEN 749
INDIVIDUAL FOR THE PERIOD THE INDIVIDUAL TEMPORARILY IS PRESENT
IN THE UNITED STATES AS A NONIMMIGRANT UNDER DIVISION (F), (J), 751
(M), OR (Q) OF SECTION 101(a)(15) OF THE "IMMIGRATION AND 752
NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 1101, AS AMENDED, THAT 753
IS EXCLUDED UNDER SECTION 3306(c)(19) OF THE "FEDERAL 755
19
UNEMPLOYMENT TAX ACT," 53 STAT. 183 (1939), 26 U.S.C.A. 3301 TO 756
3311.
(v) Notwithstanding any other provisions of division 758
(B)(3) of this section, services which are excluded under 759
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 760
be excluded from employment when performed for a nonprofit 761
organization, as defined in division (X) of this section or for 762
this state or its instrumentalities, or for a political 763
subdivision or its instrumentalities. 764
(4) If the services performed during one half or more of 766
any pay period by an employee for the person employing that 767
employee constitute employment, all the services of such employee 768
for such period shall be deemed to be employment; but if the 770
services performed during more than one half of any such pay 771
period by an employee for the person employing that employee do 772
not constitute employment, then none of the services of such 774
employee for such period shall be deemed to be employment. As 775
used in division (B)(4) of this section, "pay period" means a 776
period, of not more than thirty-one consecutive days, for which 777
payment of remuneration is ordinarily made to the employee by the 778
person employing that employee. Division (B)(4) of this section 779
does not apply to services performed in a pay period by an 780
employee for the person employing that employee, if any of such 782
service is excepted by division (B)(3)(o) of this section. 784
(C) "Benefits" means money payments payable to an 786
individual who has established benefit rights, as provided in 787
this chapter, for loss of remuneration due to the individual's 788
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 790
the maximum benefit amount that may become payable to an 791
individual within the individual's benefit year as determined by 792
the administrator or the administrator's deputy. 793
(E) "Claim for benefits" means a claim for waiting period 795
or benefits for a designated week. 796
20
(F) "Additional claim" means the first claim for benefits 798
filed following any separation from employment during a benefit 799
year; "continued claim" means any claim other than the first 800
claim for benefits and other than an additional claim. 801
(G)(1) "Wages" means remuneration paid to an employee by 803
each of the employee's employers with respect to employment; 804
except that wages shall not include that part of remuneration 805
paid during any calendar year to an individual by an employer or 806
such employer's predecessor in interest in the same business or 807
enterprise, which in any calendar year is in excess of eight 808
thousand two hundred fifty dollars on and after January 1, 1992; 809
eight thousand five hundred dollars on and after January 1, 1993; 810
eight thousand seven hundred fifty dollars on and after January 811
1, 1994; and nine thousand dollars on and after January 1, 1995. 812
Remuneration in excess of such amounts shall be deemed wages 813
subject to contribution to the same extent that such remuneration 814
is defined as wages under the "Federal Unemployment Compensation 815
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 TO 3311, as 816
amended. The remuneration paid an employee by an employer with 818
respect to employment in another state, upon which contributions 819
were required and paid by such employer under the unemployment 820
compensation act of such other state, shall be included as a part 821
of remuneration in computing the amount specified in this 822
division. 823
(2) Notwithstanding division (G)(1) of this section, if, 825
as of the computation date for any calendar year, the 826
administrator determines that the level of the unemployment 827
compensation fund is sixty per cent or more below the minimum 828
safe level as defined in section 4141.25 of the Revised Code, 829
then, effective the first day of January of the following 830
calendar year, wages subject to this chapter shall not include 831
that part of remuneration paid during any calendar year to an 832
individual by an employer or such employer's predecessor in 833
interest in the same business or enterprise which is in excess of 834
21
nine thousand dollars. The increase in the dollar amount of 835
wages subject to this chapter under this division shall remain in 836
effect from the date of the administrator's determination 837
pursuant to division (G)(2) of this section and thereafter 838
notwithstanding the fact that the level in the fund may 839
subsequently become less than sixty per cent below the minimum 840
safe level. 841
(H)(1) "Remuneration" means all compensation for personal 843
services, including commissions and bonuses and the cash value of 844
all compensation in any medium other than cash, except that in 845
the case of agricultural or domestic service, "remuneration" 846
includes only cash remuneration. Gratuities customarily received 847
by an individual in the course of the individual's employment 848
from persons other than the individual's employer and which are 849
accounted for by such individual to the individual's employer are 850
taxable wages.
The reasonable cash value of compensation paid in any 852
medium other than cash shall be estimated and determined in 853
accordance with rules prescribed by the administrator, provided 854
that "remuneration" does not include: 855
(a) Payments as provided in divisions (b)(2) to (b)(16) of 857
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 858
26 U.S.C.A. 3301 TO 3311, as amended; 859
(b) The payment by an employer, without deduction from the 861
remuneration of the individual in the employer's employ, of the 862
tax imposed upon an individual in the employer's employ under 863
section 3101 of the "Internal Revenue Code of l954," with respect 865
to services performed after October 1, 1941. 866
(2) "Cash remuneration" means all remuneration paid in 868
cash, including commissions and bonuses, but not including the 869
cash value of all compensation in any medium other than cash. 870
(I) "Interested party" means the administrator and any 872
party to whom notice of a determination of an application for 873
benefit rights or a claim for benefits is required to be given 874
22
under section 4141.28 of the Revised Code. 875
(J) "Annual payroll" means the total amount of wages 877
subject to contributions during a twelve-month period ending with 878
the last day of the second calendar quarter of any calendar year. 879
(K) "Average annual payroll" means the average of the last 881
three annual payrolls of an employer, provided that if, as of any 882
computation date, the employer has had less than three annual 883
payrolls in such three-year period, such average shall be based 884
on the annual payrolls which the employer has had as of such 885
date.
(L)(1) "Contributions" means the money payments to the 887
state unemployment compensation fund required of employers by 888
section 4141.25 of the Revised Code and of the state and any of 889
its political subdivisions electing to pay contributions under 890
section 4141.242 of the Revised Code. Employers paying 891
contributions shall be described as "contributory employers." 892
(2) "Payments in lieu of contributions" means the money 894
payments to the state unemployment compensation fund required of 895
reimbursing employers under sections 4141.241 and 4141.242 of the 896
Revised Code. 897
(M) An individual is "totally unemployed" in any week 899
during which the individual performs no services and with respect 900
to such week no remuneration is payable to the individual. 901
(N) An individual is "partially unemployed" in any week 903
if, due to involuntary loss of work, the total remuneration 904
payable to the individual for such week is less than the 905
individual's weekly benefit amount. 906
(O) "Week" means the calendar week ending at midnight 908
Saturday unless an equivalent week of seven consecutive calendar 909
days is prescribed by the administrator. 910
(1) "Qualifying week" means any calendar week in an 912
individual's base period with respect to which the individual 913
earns or is paid remuneration in employment subject to this 915
chapter. A calendar week with respect to which an individual 916
23
earns remuneration but for which payment was not made within the 917
base period may, when necessary to qualify for benefit rights, 918
MAY be considered to be a qualifying week. The number of 919
qualifying weeks which may be established in a calendar quarter 920
shall not exceed the number of calendar weeks in the quarter. 921
(2) "Average weekly wage" means the amount obtained by 923
dividing an individual's total remuneration for all qualifying 924
weeks during the base period by the number of such qualifying 925
weeks, provided that if the computation results in an amount 926
which is not a multiple of one dollar, such amount shall be 927
rounded to the next lower multiple of one dollar. 928
(P) "Weekly benefit amount" means the amount of benefits 930
an individual would be entitled to receive for one week of total 931
unemployment. 932
(Q)(1) "Base period" means the first four of the last five 934
completed calendar quarters immediately preceding the first day 935
of an individual's benefit year, except as provided in division 936
(Q)(2) of this section. 937
(2) If an individual does not have sufficient qualifying 939
weeks and wages in the base period to qualify for benefit rights, 940
his THE INDIVIDUAL'S base period shall be the four most recently 941
completed calendar quarters preceding the first day of the 943
individual's benefit year. Such base period shall be known as 944
the "alternate base period." If information as to weeks and 945
wages for the most recent quarter of the alternate base period is 946
not available to the administrator from the regular quarterly 947
reports of wage information, which are systematically accessible, 948
the administrator may, consistent with the provisions of section 949
4141.28 of the Revised Code, base the determination of 950
eligibility for benefits on the affidavit of the claimant with 951
respect to weeks and wages for that calendar quarter. The 952
claimant shall furnish payroll documentation, where available, in 953
support of the affidavit. The determination based upon the 954
alternate base period as it relates to the claimant's benefit 955
24
rights, shall be amended when the quarterly report of wage 956
information from the employer is timely received and that 957
information causes a change in the determination. As provided in 958
division (B)(1)(b) of section 4141.28 of the Revised Code, any 959
benefits paid and charged to an employer's account, based upon a 960
claimant's affidavit, shall be adjusted effective as of the 961
beginning of the claimant's benefit year. No calendar quarter in 962
a base period or alternate base period shall be used to establish 963
a subsequent benefit year. 964
(3) The "base period" of a combined wage claim, as 966
described in division (H) of section 4141.43 of the Revised Code, 967
shall be the base period prescribed by the law of the state in 968
which the claim is allowed. 969
(R) "Benefit year" with respect to an individual means the 971
fifty-two week period beginning with the first day of that week 972
with respect to which the individual first files a valid 973
application for determination of benefit rights, and thereafter 975
the fifty-two week period beginning with the first day of that 976
week with respect to which the individual next files a valid 977
application for determination of benefit rights after the 978
termination of the individual's last preceding benefit year, 979
except that the application shall not be considered valid unless 981
the individual has had employment in six weeks that is subject to 982
this chapter or the unemployment compensation act of another 983
state, or the United States, and has, since the beginning of the 984
individual's previous benefit year, in the employment earned 985
three times the average weekly wage determined for the previous 986
benefit year. The "benefit year" of a combined wage claim, as 987
described in division (H) of section 4141.43 of the Revised Code, 988
shall be the benefit year prescribed by the law of the state in 989
which the claim is allowed. Any
EFFECTIVE FOR APPLICATIONS FILED WITH RESPECT TO WEEKS 991
BEGINNING ON OR AFTER OCTOBER 1, 2000, ANY application for 992
determination of benefit rights made in accordance with section 994
25
4141.28 of the Revised Code is valid if the individual filing 995
such application is unemployed, has been employed by an employer 996
or employers subject to this chapter, in at least twenty 997
qualifying weeks within the individual's base period, and in such 999
weeks has earned or been paid remuneration at an average weekly 1,000
wage, beginning on and after January 1, 1992, of not less than 1,001
twenty-seven and one-half per cent of the statewide average
weekly wage FOR SUCH WEEKS, AND THE REASON FOR THE INDIVIDUAL'S 1,002
SEPARATION FROM EMPLOYMENT IS NOT DISQUALIFYING PURSUANT TO 1,003
DIVISION (D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE 1,006
REVISED CODE. A DISQUALIFICATION IMPOSED PURSUANT TO DIVISION 1,009
(D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE REVISED CODE 1,011
MUST BE REMOVED AS PROVIDED IN THOSE SECTIONS AS A REQUIREMENT OF 1,012
ESTABLISHING A VALID APPLICATION FOR BENEFIT RIGHTS. The 1,013
THE statewide average weekly wage shall be calculated by 1,015
the administrator once a year based on the twelve-month period 1,016
ending the thirtieth day of June, as set forth in division (B)(3) 1,018
of section 4141.30 of the Revised Code, rounded down to the 1,019
nearest dollar. Increases or decreases in the amount of
remuneration required to have been earned or paid in order for 1,020
individuals to have filed valid applications shall become 1,021
effective on Sunday of the calendar week in which the first day 1,022
of January occurs that follows the twelve-month period ending the 1,023
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 1,024
As used in this division, an individual is "unemployed" if, 1,026
with respect to the calendar week in which such application is 1,028
filed, the individual is "partially unemployed" or "totally 1,030
unemployed" as defined in this section or if, prior to filing the 1,031
application, the individual was separated from the individual's 1,033
most recent work for any reason which terminated the individual's 1,034
employee-employer relationship, or was laid off indefinitely or 1,035
for a definite period of seven or more days. 1,036
(S) "Calendar quarter" means the period of three 1,038
26
consecutive calendar months ending on the thirty-first day of 1,039
March, the thirtieth day of June, the thirtieth day of September, 1,040
and the thirty-first day of December, or the equivalent thereof 1,041
as the administrator prescribes by rule. 1,042
(T) "Computation date" means the first day of the third 1,044
calendar quarter of any calendar year. 1,045
(U) "Contribution period" means the calendar year 1,047
beginning on the first day of January of any year. 1,048
(V) "Agricultural labor," for the purpose of this 1,050
division, means any service performed prior to January 1, 1972, 1,051
which was agricultural labor as defined in this division prior to 1,052
that date, and service performed after December 31, 1971: 1,053
(1) On a farm, in the employ of any person, in connection 1,055
with cultivating the soil, or in connection with raising or 1,056
harvesting any agricultural or horticultural commodity, including 1,057
the raising, shearing, feeding, caring for, training, and 1,058
management of livestock, bees, poultry, and fur-bearing animals 1,059
and wildlife; 1,060
(2) In the employ of the owner or tenant or other operator 1,062
of a farm in connection with the operation, management, 1,063
conservation, improvement, or maintenance of such farm and its 1,064
tools and equipment, or in salvaging timber or clearing land of 1,065
brush and other debris left by hurricane, if the major part of 1,066
such service is performed on a farm; 1,067
(3) In connection with the production or harvesting of any 1,069
commodity defined as an agricultural commodity in section 15 (g) 1,070
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 1,071
U.S.C. 1141j, as amended, or in connection with the ginning of 1,072
cotton, or in connection with the operation or maintenance of 1,073
ditches, canals, reservoirs, or waterways, not owned or operated 1,074
for profit, used exclusively for supplying and storing water for 1,075
farming purposes; 1,076
(4) In the employ of the operator of a farm in handling, 1,078
planting, drying, packing, packaging, processing, freezing, 1,079
27
grading, storing, or delivering to storage or to market or to a 1,080
carrier for transportation to market, in its unmanufactured 1,081
state, any agricultural or horticultural commodity, but only if 1,082
the operator produced more than one half of the commodity with 1,083
respect to which such service is performed; 1,084
(5) In the employ of a group of operators of farms, or a 1,086
cooperative organization of which the operators are members, in 1,087
the performance of service described in division (V)(4) of this 1,088
section, but only if the operators produced more than one-half of 1,089
the commodity with respect to which the service is performed; 1,090
(6) Divisions (V)(4) and (5) of this section shall not be 1,092
deemed to be applicable with respect to service performed: 1,093
(a) In connection with commercial canning or commercial 1,095
freezing or in connection with any agricultural or horticultural 1,096
commodity after its delivery to a terminal market for 1,097
distribution for consumption; or 1,098
(b) On a farm operated for profit if the service is not in 1,100
the course of the employer's trade or business. 1,101
As used in division (V) of this section, "farm" includes 1,103
stock, dairy, poultry, fruit, fur-bearing animal, and truck 1,104
farms, plantations, ranches, nurseries, ranges, greenhouses, or 1,105
other similar structures used primarily for the raising of 1,106
agricultural or horticultural commodities and orchards. 1,107
(W) "Hospital" means an institution which has been 1,109
registered or licensed by the Ohio department of health as a 1,110
hospital. 1,111
(X) "Nonprofit organization" means an organization, or 1,113
group of organizations, described in section 501(c)(3) of the 1,114
"Internal Revenue Code of 1954," and exempt from income tax under 1,115
section 501(a) of that code. 1,116
(Y) "Institution of higher education" means a public or 1,118
nonprofit educational institution which: 1,119
(1) Admits as regular students only individuals having a 1,121
certificate of graduation from a high school, or the recognized 1,122
28
equivalent; 1,123
(2) Is legally authorized in this state to provide a 1,125
program of education beyond high school; and 1,126
(3) Provides an educational program for which it awards a 1,128
bachelor's or higher degree, or provides a program which is 1,129
acceptable for full credit toward such a degree, a program of 1,130
post-graduate or post-doctoral studies, or a program of training 1,131
to prepare students for gainful employment in a recognized 1,132
occupation. 1,133
For the purposes of this division, all colleges and 1,135
universities in this state are institutions of higher education. 1,136
(Z) For the purposes of this chapter, "states" includes 1,138
the District of Columbia, the Commonwealth of Puerto Rico, and 1,139
the Virgin Islands. 1,140
(AA) "Alien" means, for the purposes of division (A)(1)(d) 1,142
of this section, an individual who is an alien admitted to the 1,143
United States to perform service in agricultural labor pursuant 1,144
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 1,145
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 1,146
(BB)(1) "Crew leader" means an individual who furnishes 1,148
individuals to perform agricultural labor for any other employer 1,149
or farm operator, and: 1,150
(a) Pays, either on the individual's own behalf or on 1,153
behalf of the other employer or farm operator, the individuals so 1,155
furnished by the individual for the service in agricultural labor 1,156
performed by them; 1,157
(b) Has not entered into a written agreement with the 1,159
other employer or farm operator under which the agricultural 1,160
worker is designated as in the employ of the other employer or 1,161
farm operator. 1,162
(2) For the purposes of this chapter, any individual who 1,164
is a member of a crew furnished by a crew leader to perform 1,165
service in agricultural labor for any other employer or farm 1,166
operator shall be treated as an employee of the crew leader if: 1,167
29
(a) The crew leader holds a valid certificate of 1,169
registration under the "Farm Labor Contractor Registration Act of 1,170
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 1,171
(b) Substantially all the members of the crew operate or 1,173
maintain tractors, mechanized harvesting or crop-dusting 1,174
equipment, or any other mechanized equipment, which is provided 1,175
by the crew leader; and 1,176
(c) If the individual is not in the employment of the 1,178
other employer or farm operator within the meaning of division 1,179
(B)(1) of this section. 1,180
(3) For the purposes of this division, any individual who 1,182
is furnished by a crew leader to perform service in agricultural 1,183
labor for any other employer or farm operator and who is not 1,184
treated as in the employment of the crew leader under division 1,185
(BB)(2) of this section shall be treated as the employee of the 1,186
other employer or farm operator and not of the crew leader. The 1,187
other employer or farm operator shall be treated as having paid 1,188
cash remuneration to the individual in an amount equal to the 1,189
amount of cash remuneration paid to the individual by the crew 1,190
leader, either on the crew leader's own behalf or on behalf of 1,191
the other employer or farm operator, for the service in 1,192
agricultural labor performed for the other employer or farm 1,193
operator.
(CC) "Educational institution" means an institution other 1,195
than an institution of higher education as defined in division 1,196
(Y) of this section which: 1,197
(1) Offers participants, trainees, or students an 1,199
organized course of study or training designed to transfer to 1,200
them knowledge, skills, information, doctrines, attitudes, or 1,201
abilities from, by, or under the guidance of an instructor or 1,202
teacher; and 1,203
(2) Is approved, chartered, or issued a permit to operate 1,205
as a school by the state board of education or other government 1,206
agency that is authorized within the state to approve, charter, 1,207
30
or issue a permit for the operation of a school. 1,208
For the purposes of this division, the courses of study or 1,210
training which the institution offers may be academic, technical, 1,211
trade, or preparation for gainful employment in a recognized 1,212
occupation. 1,213
Sec. 4141.05. The administrator of the bureau of 1,222
employment services shall establish a division of research and 1,223
statistics LABOR MARKET INFORMATION. The head of the division 1,224
shall be known as the "director of the division of research and 1,225
statistics LABOR MARKET INFORMATION." The director may not be 1,226
removed without the consent of the advisory council, nor may the 1,228
duties of his office be altered, suspended, or abolished without
the consent of the council. 1,229
Sec. 4141.06. There is hereby created an unemployment 1,238
compensation review commission consisting of three full-time 1,239
members appointed by the governor, with the advice and consent of 1,240
the senate. Terms of office shall be STAGGERED AND SHALL BE for 1,241
six years, commencing on the twenty-eighth day of February and 1,243
ending on the twenty-seventh day of February, except that upon 1,244
expiration of the term ending November 5, 1975, the new term 1,245
which succeeds it shall commence on November 6, 1975, and end on 1,246
February 27, 1981; and upon expiration of the term ending August 1,247
31, 1977, the new term which succeeds it shall commence on 1,248
September 1, 1977, and end on February 27, 1983. Each member 1,249
shall hold office from the date of appointment until the end of 1,250
the term for which the member was appointed. Any member 1,251
appointed to fill a vacancy occurring prior to the expiration of 1,252
the term for which the member's predecessor was appointed shall 1,253
hold office for the remainder of such term. Any member shall 1,254
continue in office subsequent to the expiration date of the 1,255
member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first. The 1,256
chairperson of the commission and each member shall be paid a 1,257
salary fixed pursuant to section 124.14 of the Revised Code from 1,258
31
the unemployment compensation administration fund. The governor 1,259
may, at any time, MAY remove any member for inefficiency, neglect 1,260
of duty, malfeasance, misfeasance, or nonfeasance in office. 1,261
Not more than one of the appointees to the commission shall 1,263
be a person who, on account of the appointee's previous vocation, 1,264
employment, or affiliations, can be classed as a representative 1,265
of employers, and not more than one of the appointees shall be a 1,266
person who, on account of the appointee's previous vocation, 1,267
employment, or affiliations, can be classed as a representative 1,268
of employees. Not more than two of the members of the commission 1,269
shall belong to the same political party. No member of the 1,270
commission shall hold any position of trust or profit or engage 1,271
in any occupation or business interfering or inconsistent with 1,272
the member's duties as a member and no member shall serve on any 1,273
committee of any political party. THE COMMISSION SHALL ELECT A 1,274
CHAIRPERSON AND A VICE-CHAIRPERSON. THE VICE-CHAIRPERSON SHALL 1,275
EXERCISE THE POWERS OF THE CHAIRPERSON IN THE CHAIRPERSON'S 1,276
ABSENCE.
No commission member shall participate in the disposition 1,278
of any appeal in which the member has an interest in the 1,279
controversy. Challenges to the interest of any commission member 1,281
may be made by any interested party defined in division (I) of 1,282
section 4141.01 of the Revised Code and shall be in writing. All 1,283
challenges shall be decided by the chairperson of the advisory 1,284
council, who, if the challenge is found to be well taken, shall 1,285
advise the governor, who shall in such case or at any time it is 1,286
determined by the governor that a member of the commission is 1,287
incapacitated to serve, appoint a member of the advisory council 1,288
representing the same affiliations to act and receive the same 1,289
compensation from the unemployment fund for serving in place of 1,290
such member.
The commission may appoint a secretary to hold office at 1,292
its pleasure. The secretary shall have such powers and shall 1,294
perform such duties as the commission prescribes and SHALL KEEP A 1,295
32
RECORD OF THE PROCEEDINGS OF THE COMMISSION AND OF ITS 1,296
DETERMINATIONS. THE SECRETARY shall receive a salary fixed 1,298
pursuant to section 124.14 of the Revised Code. Notwithstanding
Chapter 124. of the Revised Code, each EACH member of the 1,301
commission may appoint a private secretary to hold office at the
pleasure of such member. 1,302
Two members of the commission constitute a quorum and no 1,304
action of the commission is valid unless it has the concurrence 1,305
of at least two members. A vacancy on the commission does not 1,306
impair the right of a quorum to exercise all the rights and 1,307
perform all the duties of the commission. The commission or its 1,308
secretary shall keep a record of the proceedings of the 1,309
commission and of its determinations.
The commission AND ITS HEARING OFFICERS shall hear appeals 1,311
arising from DETERMINATIONS OF THE ADMINISTRATOR OF THE BUREAU OF 1,312
EMPLOYMENT SERVICES INVOLVING claims for compensation and OTHER 1,314
UNEMPLOYMENT COMPENSATION ISSUES. THE COMMISSION SHALL adopt, 1,315
amend, or rescind such rules of procedure, AND undertake such 1,316
investigations, and take such action required for the hearing and 1,317
disposition of appeals as it deems necessary and consistent with 1,318
sections 4141.01 to 4141.46 of the Revised Code. The rules of 1,319
procedure ADOPTED BY THE COMMISSION shall be effective as the 1,320
commission prescribes and shall not be inconsistent TO THE EXTENT 1,321
THAT THE RULES ARE CONSISTENT with such sections. 1,323
The commission, subject to Chapter 124. of the Revised 1,325
Code, and WITH the approval of the governor, shall appoint such 1,326
referees HEARING OFFICERS as are necessary. The referees HEARING 1,328
OFFICERS shall be classified by the department of administrative 1,330
services and any. ANY promotions of the referees or any increase 1,333
INCREASES in compensation of the referees HEARING OFFICERS may be 1,334
recommended by the commission subject to classifications which 1,335
are made by the department of administrative services. The 1,336
commission may grant power to take testimony in any appeals 1,337
coming before the commission. The MEMBERS OF THE commission and 1,338
33
its referees shall, in the performance of their duties, HEARING 1,340
OFFICERS MAY CONDUCT HEARINGS FOR UNEMPLOYMENT COMPENSATION 1,341
APPEALS COMING BEFORE THE COMMISSION. THE MEMBERS AND HEARING
OFFICERS MAY exercise all powers provided by section 4141.17 of 1,342
the Revised Code. 1,344
The commission, subject to Chapter 124. of the Revised 1,346
Code, may employ such reporters, stenographers, clerical aid, and 1,347
other employees SUPPORT PERSONNEL as are requisite NEEDED to the 1,349
discharge of CARRY OUT the duties of the commission and the. THE 1,350
salaries of such employees are fixed pursuant to section 124.14 1,352
of the Revised Code. The commission shall further provide itself 1,353
and its employees with such offices, equipment, and supplies as 1,354
are necessary, using those already provided for the central 1,355
office of the bureau or its branch offices wherever possible. 1,356
The commission shall have access to all the records of the 1,358
bureau of employment services needed in the performance of its 1,359
official duties. The commission shall have the right to request 1,361
of the administrator necessary information from the research and
statistics department, the legal department, the department of 1,362
public information, the fiscal department, or any other 1,363
department from which pertinent information is necessary ANY 1,364
DIVISION OF THE BUREAU HAVING THAT INFORMATION. 1,365
The commission shall prepare and submit to the 1,367
administrator an annual budget financing the costs necessary to 1,368
administer its duties under this chapter. The fund request shall 1,369
relate to, but not be limited to, the United States department of 1,370
labor's allocations for the commission's functions. The 1,371
administrator shall approve the commission's request unless funds 1,372
are insufficient to finance the request. The administrator shall 1,373
notify the commission of the amount of funds available for its 1,374
operation, as soon as possible, but not later than thirty days 1,375
after receiving the allocation from the United States department 1,376
of labor.
In the event that the administrator determines that 1,378
34
sufficient funds are not available to approve the request as 1,379
submitted and a revised budget is not agreed to within thirty 1,380
days of the administrator's notification to the commission, the 1,381
director of budget and management shall review and determine the 1,382
funding levels for the commission and notify the commission and 1,383
the administrator of its determination. 1,384
Sec. 4141.07. (A) The unemployment compensation review 1,394
commission may, by rule, MAY authorize persons other than ones 1,395
who are admitted to the practice of law also to appear before the 1,396
commission in any kind of proceeding as representatives of 1,397
employers or claimants. The commission may prescribe in any rule 1,398
so adopted the minimum qualifications for such agents and such 1,399
minimum standards of practice as are appropriate. 1,400
Notwithstanding section 119.13 of the Revised Code, the 1,402
representation of parties before the commission by a person not 1,403
admitted to the practice of law does not impair or invalidate a 1,404
proceeding for the purpose of a subsequent appeal to a court or 1,405
for any other purpose where a party knowingly selects 1,406
representation by a person not admitted to the practice of law. 1,407
(B) No individual claiming benefits shall be charged fees 1,409
of any kind in any proceeding under sections 4141.01 to 4141.46 1,410
of the Revised Code, by the commission or its representatives. 1,411
Any individual claiming benefits or any employer may represent 1,412
themselves personally or be represented by a person admitted to 1,413
the practice of law or by a person not admitted to the practice 1,414
of law in any proceeding before the administrator of the bureau 1,415
of employment services, or, before the commission or a referee 1,417
HEARING OFFICER; but no such counsel or agent representing an 1,418
individual claiming benefits shall either charge or receive for 1,419
such services more than an amount approved by the commission. 1,420
No person shall charge or receive anything of value in 1,422
violation of this section. 1,423
Sec. 4141.09. (A) There is hereby created an unemployment 1,432
compensation fund to be administered by the state without 1,433
35
liability on the part of the state beyond the amounts paid into 1,434
the fund and earned by the fund. The unemployment compensation 1,435
fund shall consist of all contributions, payments in lieu of 1,436
contributions described in sections 4141.241 and 4141.242 of the 1,437
Revised Code, reimbursements of the federal share of extended 1,438
benefits described in section 4141.301 of the Revised Code, 1,439
collected under sections 4141.01 to 4141.46 of the Revised Code, 1,440
together with all interest earned upon any moneys deposited with 1,441
the secretary of the treasury of the United States to the credit 1,442
of the account of this state in the unemployment trust fund 1,443
established and maintained pursuant to section 904 of the "Social 1,444
Security Act," any property or securities acquired through the 1,445
use of moneys belonging to the fund, and all earnings of such 1,446
property or securities. The unemployment compensation fund shall 1,447
be used to pay benefits and refunds as provided by such sections 1,448
and for no other purpose. 1,449
(B) The treasurer of state shall be the custodian of the 1,451
unemployment compensation fund and shall administer such fund in 1,452
accordance with the directions of the administrator of the bureau 1,453
of employment services. All disbursements therefrom shall be 1,454
paid by the treasurer of state on warrants drawn by the 1,455
administrator. Such warrants may bear the facsimile signature of 1,456
the administrator printed thereon and that of a deputy or other 1,457
employee of the administrator charged with the duty of keeping 1,458
the account of the unemployment compensation fund and with the 1,459
preparation of warrants for the payment of benefits to the 1,460
persons entitled thereto. Moneys in the clearing and benefit 1,461
accounts shall not be commingled with other state funds, except 1,462
as provided in division (C) of this section, but shall be 1,463
maintained in separate accounts on the books of the depositary 1,464
bank. Such money shall be secured by the depositary bank to the 1,465
same extent and in the same manner as required by sections 135.01 1,466
to 135.21 of the Revised Code; and collateral pledged for this 1,467
purpose shall be kept separate and distinct from any collateral 1,468
36
pledged to secure other funds of this state. All sums recovered 1,469
for losses sustained by the unemployment compensation fund shall 1,470
be deposited therein. The treasurer of state shall be liable on 1,471
the treasurer's official bond for the faithful performance of the 1,473
treasurer's duties in connection with the unemployment 1,474
compensation fund, such liability to exist in addition to any 1,475
liability upon any separate bond. 1,476
(C) The treasurer of state shall maintain within the 1,478
unemployment compensation fund three separate accounts which 1,479
shall be a clearing account, an unemployment trust fund account, 1,480
and a benefit account. All moneys payable to the unemployment 1,481
compensation fund, upon receipt thereof by the administrator, 1,482
shall be forwarded to the treasurer of state, who shall 1,483
immediately deposit them in the clearing account. Refunds of 1,484
contributions, or payments in lieu of contributions, payable 1,485
pursuant to division (E) of this section may be paid from the 1,486
clearing account upon warrants signed by a deputy or other 1,487
employee of the administrator charged with the duty of keeping 1,488
the record of the clearing account and with the preparation of 1,489
warrants for the payment of refunds to persons entitled thereto. 1,490
After clearance thereof, all moneys in the clearing account shall 1,491
be deposited with the secretary of the treasury of the United 1,492
States to the credit of the account of this state in the 1,493
unemployment trust fund established and maintained pursuant to 1,494
section 904 of the "Social Security Act," in accordance with 1,495
requirements of the "Federal Unemployment Tax Act," 53 Stat. 183 1,496
(1939), 26 U.S.C.A. 3301, 3304(a)(3), any law in this state 1,497
relating to the deposit, administration, release, or disbursement 1,499
of moneys in the possession or custody of this state to the 1,500
contrary notwithstanding. The benefit account shall consist of 1,501
all moneys requisitioned from this state's account in the 1,502
unemployment trust fund. Federal funds, other than funds 1,503
received by the administrator under divisions (I) and (J) of this 1,504
section, received for payment of federal benefits may be 1,506
37
deposited into the benefit account solely for payment of benefits 1,507
under a federal program administered by this state. Moneys so
requisitioned shall be used solely for the payment of benefits 1,509
and for no other purpose. Moneys in the clearing and benefit 1,510
accounts may be deposited by the treasurer of state, under the 1,511
direction of the administrator, in any bank or public depositary 1,512
in which general funds of the state may be deposited, but no 1,513
public deposit insurance charge or premium shall be paid out of 1,514
the fund.
(D) Moneys shall be requisitioned from this state's 1,516
account in the unemployment trust fund solely for the payment of 1,517
benefits and in accordance with regulations prescribed by the 1,518
administrator. The administrator shall requisition from the 1,519
unemployment trust fund such amounts, not exceeding the amount 1,520
standing to this state's account therein, as are deemed necessary 1,521
for the payment of benefits for a reasonable future period. Upon 1,522
receipt thereof, the treasurer of state shall deposit such moneys 1,523
in the benefit account. Expenditures of such money in the 1,524
benefit account and refunds from the clearing account shall not 1,525
require specific appropriations or other formal release by state 1,526
officers of money in their custody. Any balance of moneys 1,527
requisitioned from the unemployment trust fund which remains 1,528
unclaimed or unpaid in the benefit account after the expiration 1,529
of the period for which such sums were requisitioned shall either 1,530
be deducted from estimates for and may be utilized for the 1,531
payment of benefits during succeeding periods, or, in the 1,532
discretion of the administrator, shall be redeposited with the 1,533
secretary of the treasury of the United States to the credit of 1,534
this state's account in the unemployment trust fund, as provided 1,535
in division (C) of this section. Unclaimed or unpaid federal 1,536
funds redeposited with the secretary of the treasury of the 1,537
United States shall be credited to the appropriate federal 1,538
account. 1,539
(E) No claim for an adjustment or a refund on 1,541
38
contribution, payment in lieu of contributions, interest, or 1,542
forfeiture alleged to have been erroneously or illegally assessed 1,543
or collected, or alleged to have been collected without 1,544
authority, and no claim for an adjustment or a refund of any sum 1,545
alleged to have been excessive or in any manner wrongfully 1,546
collected shall be allowed unless an application, in writing, 1,547
therefor is made within four years from the date on which such 1,548
payment was made. If the administrator determines that such 1,549
contribution, payment in lieu of contributions, interest, or 1,550
forfeiture, or any portion thereof, was erroneously collected, 1,551
the administrator shall allow such employer to make an adjustment 1,552
thereof without interest in connection with subsequent 1,553
contribution payments, or payments in lieu of contributions, by 1,554
the employer, or the administrator may refund said amount, 1,555
without interest, from the clearing account of the unemployment 1,556
compensation fund, except as provided in division (B) of section 1,557
4141.11 of the Revised Code. For like cause and within the same 1,558
period, adjustment or refund may be so made on the 1,559
administrator's own initiative. An overpayment of contribution, 1,560
payment in lieu of contributions, interest, or forfeiture for 1,561
which an employer has not made application for refund prior to 1,562
the date of sale of the employer's business shall accrue to the 1,564
employer's successor in interest. 1,565
An application for an adjustment or a refund, or any 1,567
portion thereof, that is rejected is binding upon the employer 1,568
unless, within thirty days after the mailing of a written notice 1,569
of rejection to the employer's last known address, or, in the 1,570
absence of mailing of such notice, within thirty days after the 1,571
delivery of such notice, the employer files an application for a 1,572
review and redetermination setting forth the reasons therefor. 1,573
The administrator shall promptly examine the application for 1,574
review and redetermination, and if a review is granted, the 1,575
employer shall be promptly notified thereof, and shall be granted 1,576
an opportunity for a prompt hearing. 1,577
39
(F) If the administrator finds that contributions have 1,579
been paid to the bureau of employment services in error, and that 1,580
such contributions should have been paid to a department of 1,581
another state or of the United States charged with the 1,582
administration of an unemployment compensation law, the 1,583
administrator may upon request by such department or upon the 1,584
administrator's own initiative transfer to such department the 1,586
amount of such contributions, less any benefits paid to claimants 1,587
whose wages were the basis for such contributions. The 1,588
administrator may request and receive from such department any 1,589
contributions or adjusted contributions paid in error to such 1,590
department which should have been paid to the bureau. 1,591
(G) In accordance with section 303(c)(3) of the Social 1,593
Security Act, and section 3304(a)(17) of the Internal Revenue 1,594
Code of 1954 for continuing certification of Ohio unemployment 1,595
compensation laws for administrative grants and for tax credits, 1,596
any interest required to be paid on advances under Title XII of 1,597
the Social Security Act shall be paid in a timely manner and 1,598
shall not be paid, directly or indirectly, by an equivalent 1,599
reduction in the Ohio unemployment taxes or otherwise, by the 1,600
state from amounts in the unemployment compensation fund. 1,601
(H) The treasurer of state, under the direction of the 1,603
administrator and in accordance with the "Cash Management 1,604
Improvement Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, 1,605
shall deposit amounts of interest earned by the state on funds in 1,606
the benefit account established pursuant to division (C) of this 1,607
section into the bureau of employment services banking fees fund, 1,608
which is hereby created in the state treasury for the purpose of 1,609
paying related banking costs incurred by the state for the period 1,610
for which the interest is calculated, except that if the 1,611
deposited interest exceeds the banking costs incurred by the 1,612
state for the period for which the interest is calculated, the 1,613
treasurer of state shall deposit the excess interest into the 1,614
unemployment trust fund. 1,615
40
(I) The treasurer of state, under the direction of the 1,618
administrator, shall deposit federal funds received by the
administrator pursuant to the "Trade Act of 1974," 88 Stat. 1978, 1,620
19 U.S.C.A. 2101, as amended, into the Trade Act account, which 1,621
is hereby created for the purpose of paying for benefits, 1,622
training, and support services under that act. 1,623
(J) The treasurer of state, under the direction of the 1,626
administrator, shall deposit federal funds received by the 1,627
administrator pursuant to the "North American Free Trade 1,628
Agreement Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 1,629
3301, into the North American Free Trade account, which is hereby 1,631
created for the purpose of paying for benefits, training, and
support services under that act. 1,632
Sec. 4141.16. (A) The administrator of the bureau of 1,641
employment services shall make available, upon request, to the 1,642
director of human services or to the county directors of human 1,643
services in the state the name, address, ordinary occupation, and 1,644
employment status of each recipient of unemployment benefits 1,645
under this chapter, and a statement of such recipient's rights to 1,646
further benefits under this chapter. THE AGENCY REQUESTING THE 1,647
INFORMATION SHALL PAY THE BUREAU THE ACTUAL COST OF FURNISHING 1,648
THE INFORMATION REQUESTED.
(B) The administrator shall also SHALL furnish, upon 1,650
request of a public agency administering or supervising the 1,651
administration of a state plan approved under part A of Title IV 1,652
of the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 1,653
601, or of a public agency charged with any duty or 1,654
responsibility under any program or activity authorized or 1,655
required under part D of Title IV of such act, information with 1,656
respect to any individual specified in the request as to: 1,657
(1) Whether the individual is receiving, has received, or 1,659
has made application for unemployment compensation, and the 1,660
amount of any compensation being received by the individual; 1,661
(2) The current or most recent home address of the 1,663
41
individual; 1,664
(3) Whether the individual has refused an offer of 1,666
employment and, if so, a description of the employment so offered 1,667
and the terms, conditions, and rate of pay therefor. 1,668
The public agency shall pay to the bureau of employment 1,670
services the actual costs of furnishing the information described 1,671
in this division, as provided in the "Unemployment Compensation 1,672
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 1,673
(C)(1) The administrator shall disclose, upon request, to 1,675
officers, agents, or employees of any state or local child 1,676
support enforcement agency, any wage information contained in the 1,677
records of the bureau of employment services with respect to an 1,678
individual identified in the request. 1,679
(2) The officer, agent, or employee of the state or local 1,681
child support enforcement agency shall state in the request that 1,682
the wage information shall be used only for the purpose of 1,683
establishing and collecting child support obligations from, and 1,684
locating, individuals owing these obligations which are being 1,685
enforced pursuant to a plan described in section 454 of the 1,686
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 1,687
which has been approved by the United States secretary of health 1,688
and human services under part D of Title IV of the "Social 1,689
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651. 1,690
(3) State and local child support enforcement agencies, 1,692
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,693
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,694
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,695
shall pay to the bureau the actual costs of furnishing the 1,696
information described in this division. 1,697
(4) Requirements with respect to the confidentiality of 1,699
information obtained in the administration of this chapter and 1,700
any sanctions imposed on improper disclosure of information 1,701
obtained therein shall apply to the redisclosure of information 1,702
disclosed under this section. 1,703
42
(D) The administrator also shall furnish, as required by 1,705
section 303(h) of the "Social Security Act," to the United States 1,706
secretary of health and human services, and on a reimbursable 1,707
basis, prompt access to wage and claims information, including 1,708
any information useful in locating an absent parent or such 1,709
parent's employer for use by the "Parent Locator Service," 1,710
section 453, part D of Title IV of the "Social Security Act" and 1,711
as required under section 303(h) of such act. 1,712
(E)(1) If the director of human services determines that 1,714
direct, on-line access to the automated information system 1,715
maintained by the bureau of employment services is an effective 1,716
and efficient means of obtaining necessary information to aid in 1,717
the enforcement or collection of child support obligations, the 1,718
director shall make a written request to the administrator of the 1,719
bureau of employment services to permit the following to have 1,720
direct, on-line access to the information system: 1,721
(a) The department of human services; 1,723
(b) Officers, agents, or employees of a state or local 1,725
child support enforcement agency of this state or of another 1,726
state as designated by the director; 1,727
(c) Officers, agents, or employees of any private agency 1,729
designated by the director that is operating pursuant to a 1,730
contract entered into with a state or local child support 1,731
enforcement agency of this state for the exchange of information 1,732
related to the enforcement and collection of child support 1,733
obligations. 1,734
(2) The director of human services shall not designate 1,736
pursuant to division (E)(1) of this section a state or local 1,737
child support enforcement agency of this state or of another 1,738
state or any private agency to have access to the automated 1,739
information system maintained by the bureau unless he THE 1,740
DIRECTOR also determines that on-line direct access to the 1,741
bureau's automated information system by that agency is necessary 1,742
for the implementation of a child support enforcement program 1,743
43
operating pursuant to a plan described in section 454 of the 1,744
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 1,745
that has been approved by the secretary of health and human 1,746
services under part D of Title IV of the "Social Security Act," 1,747
88 Stat. 2351 (1975), 42 U.S.C.A. 651. 1,748
(3) Upon receipt of a request made under division (E)(1) 1,750
of this section, the administrator of the bureau shall comply 1,751
with the request and shall adopt rules pursuant to this section 1,752
and section 111.15 of the Revised Code to regulate access to the 1,753
bureau's automated information system. The rules shall include a 1,754
confidentiality requirement that conforms to division (E)(5) of 1,755
this section. 1,756
(4)(a) State and local child support enforcement agencies, 1,758
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,759
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,760
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,761
shall pay to the bureau the actual costs to the bureau of 1,762
accessing its automated information system. 1,763
(b) Any private agency designated by the director of human 1,765
services pursuant to division (E)(1) of this section that is 1,766
operating pursuant to a contract entered into with a state or 1,767
local child support enforcement agency of this state for the 1,768
exchange of information related to the enforcement and collection 1,769
of child support obligations shall pay or provide contractually 1,770
for the payment of the actual costs to the bureau of accessing 1,771
its automated information system. 1,772
(5) The requirements with respect to the confidentiality 1,774
of information obtained in the administration of this chapter and 1,775
any sanctions imposed on improper disclosure of information 1,776
obtained in the administration of this chapter shall apply to any 1,777
information obtained pursuant to division (E) of this section 1,778
through on-line access to the bureau's automated information 1,779
system. 1,780
(F) The director of human services, his THE DIRECTOR'S 1,782
44
employees, and other individuals to whom information is made 1,784
available pursuant to this section are subject to section 4141.22 1,785
of the Revised Code and the penalty for violation of that section 1,786
as specified in section 4141.99 of the Revised Code. 1,787
(G) As used in this section, "state or local child support 1,789
enforcement agency" means either of the following: 1,790
(1) In this state, the department of human services, the 1,792
division of child support created pursuant to section 5101.31 of 1,793
the Revised Code, or a child support enforcement agency 1,794
designated by the board of county commissioners pursuant to 1,795
section 2301.35 of the Revised Code; 1,796
(2) In a state other than this state, any agency of a 1,798
state or of a political subdivision of a state operating pursuant 1,799
to a plan described in section 454 of the "Social Security Act," 1,800
which has been approved by the secretary of health and human 1,801
services under part D of Title IV of the "Social Security Act." 1,802
Sec. 4141.17. The administrator of the bureau of 1,811
employment services and his secretary, deputies, and authorized 1,813
representative THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION 1,814
may administer oaths, certify to official acts, take depositions, 1,815
issue subpoenas, and compel the attendance and testimony of 1,816
witnesses and the production of books, accounts, papers, records, 1,817
documents, and testimony; but no person shall be compelled
pursuant to this section to attend at a place outside the county 1,819
in which he resides or is found. 1,820
No person shall be excused from attending and testifying or 1,822
from producing books, papers, correspondence, memoranda, or other 1,823
records before the administrator or his secretary or deputy or 1,824
before any authorized representative, agent, or agency of the 1,826
administrator, in any cause, hearing, or proceeding before the 1,827
administrator or a local board, on the ground that the testimony 1,828
or evidence required of him may tend to incriminate him or 1,829
subject him to a penalty or forfeiture; but no person shall be 1,832
prosecuted or be subjected to any penalty or forfeiture on 1,833
45
account of any transaction, matter, or thing concerning which he 1,834
is compelled, after having claimed his privilege against self 1,836
incrimination, to testify or produce evidence, except that such
individual so testifying shall not be exempt from prosecution and 1,837
punishment for perjury committed in so testifying. 1,838
In case of the refusal of a witness to attend or testify, 1,840
or to produce books or papers, as to any matter regarding which 1,841
he THE WITNESS might be lawfully interrogated in the 1,843
administration of this chapter, the court of common pleas of the
county in which the person resides or is found, THE COURT OF 1,844
APPEALS THAT HAS JURISDICTION OVER THE COUNTY IN WHICH THE PERSON 1,845
RESIDES OR IS FOUND, or a judge thereof, upon application of the 1,847
administrator OR COMMISSION, shall compel obedience by
proceedings as for contempt as in case of like refusal to obey a 1,849
similar order of the court.
Sec. 4141.20. (A) Every employer, including those not 1,858
otherwise subject to this chapter, shall furnish the 1,859
administrator of the bureau of employment services upon request 1,860
all information required by him THE ADMINISTRATOR to carry out 1,861
the requirements of this chapter. Every employer receiving from 1,863
the administrator any blank with direction to fill it out shall 1,864
cause it to be properly filled out, in the manner prescribed by 1,865
the administrator, so as to answer fully and correctly all 1,866
questions therein propounded, and shall furnish all the 1,867
information therein sought, or, if unable to do so, such THAT 1,868
employer shall give the administrator in writing good and 1,870
sufficient reason for such failure. 1,871
The administrator may require that such information be 1,873
verified under oath and returned to the administrator within the 1,874
period fixed by him THE ADMINISTRATOR or by law. The 1,875
administrator or any person employed by him THE ADMINISTRATOR for 1,877
that purpose may examine under oath any such employer, or the 1,878
officer, agent, or employee of such THAT employer, for the 1,879
purpose of ascertaining any information which such THAT THE 1,880
46
employer is required by this chapter to furnish to the 1,881
administrator. Any employer who fails to furnish information as 1,882
is required by the administrator under authority of this section 1,883
shall forfeit five hundred dollars to be collected in a civil 1,884
action brought against the employer in the name of the state. 1,885
(B) Effective with the calendar quarter beginning April 1, 1,887
1987, every contributory employer shall file a quarterly 1,888
contribution report and a quarterly report of wages. The 1,889
quarterly reports shall be filed no later than the last day of 1,890
the first month following the close of the calendar quarter for 1,891
which the quarterly reports are being filed. The employer shall 1,892
enter on the quarterly contribution report the total and taxable 1,893
remuneration paid to all employees during the quarter. The 1,894
employer shall enter on the quarterly report of wages the name 1,895
and social security number of each individual employed during the 1,896
calendar quarter, the total remuneration paid the individual, the 1,897
number of weeks during the quarter for which the individual was 1,898
paid remuneration, and any other information as required by 1,899
section 1137 of the "Social Security Act." The administrator 1,900
shall furnish the form or forms on which the quarterly reports 1,901
are to be submitted or the employer may use other methods of 1,902
reporting, INCLUDING ELECTRONIC INFORMATION TRANSMISSION METHODS, 1,904
as approved by the administrator.
Effective until the calendar quarter beginning January 1, 1,906
1993, in case of failure to file the quarterly contribution 1,907
report or the report of wages containing all the required 1,908
contribution and wage information within the time prescribed by 1,909
this section, there shall be assessed a forfeiture amounting to 1,910
ten per cent of the contributions due; provided such forfeiture 1,911
shall not be less than twenty-five nor more than two hundred 1,912
fifty dollars. The administrator may waive the forfeiture only 1,913
with respect to the report of wages, and the waiver may be 1,914
approved only if the employer shows good cause for failure to 1,915
file the required information. 1,916
47
Effective with the calendar quarter beginning January 1, 1,918
1993, in case of failure to file the quarterly contribution 1,919
report containing all the required information within the time 1,920
prescribed by this section, there shall be assessed a forfeiture 1,921
amounting to twenty-five one-hundredths of one per cent of the 1,922
total remuneration paid by the employer, provided such forfeiture 1,923
shall not be less than thirty nor more than five hundred dollars 1,924
per quarterly contribution report. The administrator may waive 1,925
the forfeiture only if the employer provides to the administrator 1,926
a written statement showing good cause for failure to file the 1,927
required quarterly contribution report. 1,928
Effective with the calendar quarter beginning January 1, 1,930
1993, in case of failure to file the quarterly report of wages 1,931
containing all the required information within the time 1,932
prescribed by this section, there shall be assessed a forfeiture 1,933
amounting to twenty-five one-hundredths of one per cent of the 1,934
total remuneration paid by the employer, provided such forfeiture 1,935
shall be not less than thirty nor more than five hundred dollars 1,936
per quarterly report of wages. The administrator may waive the 1,937
forfeiture only if the employer provides to the administrator a 1,938
written statement showing good cause for failure to file the 1,939
required quarterly report of wages. 1,940
(C) Effective with the calendar quarter beginning April 1, 1,942
1987, every employer liable for payments in lieu of contributions 1,943
shall file a quarterly payroll report and a quarterly report of 1,944
wages. The employer shall file the quarterly reports no later 1,945
than the last day of the first month following the close of the 1,946
calendar quarter for which the quarterly reports are being filed. 1,947
The employer shall enter on the quarterly payroll report the 1,948
total remuneration paid to all employees during the quarter and 1,949
the total wages that would have been taxable had the employer 1,950
been subject to contributions. The employer shall enter on the 1,951
quarterly report of wages the name and social security number of 1,952
each individual employed during the calendar quarter, the total 1,953
48
remuneration paid the individual, the number of weeks during the 1,954
quarter for which the individual was paid remuneration, and any 1,955
other information as required by section 1137 of the "Social 1,956
Security Act." The administrator shall furnish the form or forms 1,957
on which the quarterly reports are to be submitted or the 1,958
employer may use other methods of reporting, INCLUDING ELECTRONIC 1,959
INFORMATION TRANSMISSION METHODS, as approved by the 1,960
administrator.
Effective until the calendar quarter beginning January 1, 1,962
1993, in case of failure to file the quarterly payroll report or 1,963
the report of wages containing all of the required payroll or 1,964
wage information within the time prescribed by this section, the 1,965
employer shall be assessed a forfeiture of twenty-five dollars 1,966
per report. The administrator may waive the forfeiture only with 1,967
respect to the report of wages, and such waiver may be approved 1,968
only if the employer shows good cause for failure to file the 1,969
required information. 1,970
Effective with the calendar quarter beginning January 1, 1,972
1993, in case of failure to file the quarterly payroll report 1,973
containing all the required wage information within the time 1,974
prescribed by this section, the employer shall be assessed a 1,975
forfeiture amounting to twenty-five one-hundredths of one per 1,976
cent of the total remuneration paid by the employer, provided 1,977
such forfeiture shall not be less than thirty nor more than five 1,978
hundred dollars per quarterly payroll report. The administrator 1,979
may waive the forfeiture only if the employer provides to the 1,980
administrator a written statement showing good cause for failure 1,981
to file the required quarterly payroll report. 1,982
Effective with the calendar quarter beginning January 1, 1,984
1993, in case of failure to file the quarterly report of wages 1,985
containing all the required information within the time 1,986
prescribed by this section, there shall be assessed a forfeiture 1,987
amounting to twenty-five one-hundredths of one per cent of the 1,988
total remuneration paid by the employer, provided such forfeiture 1,989
49
shall be not less than thirty nor more than five hundred dollars 1,990
per quarterly report of wages. The administrator may waive the 1,991
forfeiture only if the employer provides to the administrator a 1,992
written statement showing good cause for failure to file the 1,993
required quarterly report of wages. 1,994
(D) All forfeitures required by this section shall be paid 1,996
into the unemployment compensation special administrative fund as 1,997
provided in section 4141.11 of the Revised Code. 1,998
Sec. 4141.21. Except as provided in sections 4141.16, 2,007
4141.161, 4141.162, and 4141.163 of the Revised Code; until 2,008
October 1, 1994, except as provided in section 4141.164 of the 2,010
Revised Code;of the bureau of employment services by employers or employees 2,015
pursuant to this chapter is for the exclusive use and information 2,016
of the bureau of employment services in the discharge of its 2,017
duties and shall not be open to the public or be used in any 2,018
court in any action or proceeding pending therein, or be 2,019
admissible in evidence in any action, other than one arising 2,020
under such THOSE sections. All of the information and records 2,021
necessary or useful in the determination of any particular claim 2,022
for benefits or necessary in verifying any charge to an 2,023
employer's account under sections 4141.23 to 4141.26 of the 2,024
Revised Code shall be available for examination and use by the 2,025
employer and the employee involved or their authorized 2,026
representatives in the hearing of such cases, and such THAT 2,027
information may be tabulated and published in statistical form
for the use and information of the state departments and the 2,028
public. 2,029
Sec. 4141.22. (A) No person shall disclose any 2,038
information which THAT was MAINTAINED BY THE ADMINISTRATOR OF THE 2,040
BUREAU OF EMPLOYMENT SERVICES OR furnished to the administrator
of the bureau of employment services by employers or employees 2,041
50
pursuant to Chapter 4141. of the Revised Code, unless such 2,042
disclosure is permitted under section 4141.21 of the Revised 2,043
Code.
(B) No person in the employ of the administrator of the 2,045
bureau of employment services, or who has been in the employ of 2,046
the administrator at any time, shall divulge any information 2,047
secured by him THE PERSON while so employed in respect to the 2,048
transactions, property, business, or mechanical, chemical, or 2,050
other industrial process of any person, firm, corporation, 2,051
association, or partnership to any person other than the 2,052
administrator or other employees of the bureau of employment 2,053
services as required by such THE person's duties, or to other 2,054
persons as authorized by the administrator under section 4141.43 2,055
of the Revised Code.
Whoever violates this section shall be disqualified from 2,057
holding any appointment or employment by the administrator. 2,058
Sec. 4141.24. (A)(1) The administrator of the bureau of 2,067
employment services shall maintain a separate account for each 2,068
employer and, except as otherwise provided in division (D)(B) of 2,070
section 4141.25 of the Revised Code respecting mutualized
contributions, shall credit such employer's account with all the 2,071
contributions, or payments in lieu of contributions, which he THE 2,072
EMPLOYER has paid on his THE EMPLOYER'S own behalf. 2,073
(2) If, as of the computation date, a contributory 2,075
employer's account shows a negative balance computed as provided 2,076
in division (C)(A)(3) of section 4141.25 of the Revised Code, 2,077
less any contributions due and unpaid on such date, which 2,078
negative balance is in excess of the limitations imposed by 2,079
divisions (A)(2)(a), (b), and (c) of this section and if the 2,080
employer's account is otherwise eligible for the transfer, then 2,081
before his THE EMPLOYER'S contribution rate is computed for the 2,082
next succeeding contribution period, an amount equal to the 2,083
amount of the excess eligible for transfer shall be permanently 2,084
transferred from the account of such employer and charged to the 2,085
51
mutualized account provided in division (D)(B) of section 4141.25 2,086
of the Revised Code. 2,087
(a) If as of any computation date, a contributory 2,089
employer's account shows a negative balance in excess of ten per 2,090
cent of the employer's average annual payroll, then before his 2,091
THE EMPLOYER'S contribution rate is computed for the next 2,092
succeeding contribution period, an amount equal to the amount of 2,093
the excess shall be transferred from the account as provided in 2,094
this division. No contributory employer's account may have any 2,095
excess transferred pursuant to division (A)(2)(a) of this 2,096
section, unless his THE EMPLOYER'S account has shown a positive 2,097
balance for at least two consecutive computation dates prior to 2,098
the computation date with respect to which the transfer is 2,099
proposed. Each time a transfer is made pursuant to division 2,100
(A)(2)(a) of this section, the employer's account is ineligible 2,101
for any additional transfers under that division, until the 2,102
account shows a positive balance for at least two consecutive 2,103
computation dates subsequent to the computation date of which the 2,104
most recent transfer occurs pursuant to division (A)(2)(a), (b), 2,105
or (c) of this section.
(b) If at the next computation date after the computation 2,107
date at which a transfer from the account occurs pursuant to 2,108
division (A)(2)(a) of this section, a contributory employer's 2,109
account shows a negative balance in excess of fifteen per cent of 2,110
the employer's average annual payroll, then before his THE 2,111
EMPLOYER'S contribution rate is computed for the next succeeding 2,112
contribution period an amount equal to the amount of the excess 2,113
shall be permanently transferred from the account as provided in 2,114
this division. 2,115
(c) If at the next computation date subsequent to the 2,117
computation date at which a transfer from a contributory 2,118
employer's account occurs pursuant to division (A)(2)(b) of this 2,119
section, the employer's account shows a negative balance in 2,120
excess of twenty per cent of the employer's average annual 2,121
52
payroll, then before his THE EMPLOYER'S contribution rate is 2,122
computed for the next succeeding contribution period, an amount 2,123
equal to the amount of the excess shall be permanently 2,124
transferred from the account as provided in this division. 2,125
(d) If no transfer occurs pursuant to division (A)(2)(b) 2,127
or (c) of this section, the employer's account is ineligible for 2,128
any additional transfers under division (A)(2) until the account 2,129
requalifies for a transfer pursuant to division (A)(2)(a) of this 2,130
section. 2,131
(B) Any employer may make voluntary payments in addition 2,133
to the contributions required under this chapter, in accordance 2,134
with rules established by the administrator. Such payments shall 2,135
be included in the employer's account as of the computation date, 2,136
provided they are received by the bureau of employment services 2,137
by the thirty-first day of December following such computation 2,138
date. Such voluntary payment, when accepted from an employer, 2,139
will not be refunded in whole or in part. In determining whether 2,140
an employer's account has a positive balance on two consecutive 2,141
computation dates and is eligible for transfers under division 2,142
(A)(2) of this section, the administrator shall exclude any 2,143
voluntary payments made subsequent to the last transfer made 2,144
under division (A)(2) of this section. 2,145
(C) All contributions to the fund shall be pooled and 2,147
available to pay benefits to any individual entitled to benefits 2,148
irrespective of the source of such contributions. 2,149
(D)(1) For the purposes of this section and sections 2,151
4141.241 and 4141.242 of the Revised Code, an employer's account 2,152
shall be charged only for benefits based on remuneration paid by 2,153
such employer. Benefits paid to an eligible individual shall be 2,154
charged against the account of each employer within the 2,155
claimant's base period in the proportion to which wages 2,156
attributable to each employer of the claimant bears to the 2,157
claimant's total base period wages. Charges to the account of a 2,158
base period employer with whom the claimant is employed part-time 2,159
53
at the time his THE CLAIMANT'S application for a determination of 2,161
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 2,162
(a) The claimant also worked part-time for the employer 2,164
during the base period of the claim. 2,165
(b) The claimant is unemployed due to loss of other 2,167
employment. 2,168
(c) The employer either is not a reimbursing employer 2,170
under section 4141.241 or 4141.242 of the Revised Code or is a 2,171
reimbursing employer who has been determined to be a seasonal 2,172
employer pursuant to section 4141.33 of the Revised Code, and the 2,173
benefit charges are for weeks of unemployment that occurred 2,174
outside the seasonal employer's seasonal period. 2,175
(2) NOTWITHSTANDING DIVISION (D)(1) OF THIS SECTION, 2,177
CHARGES TO THE ACCOUNT OF ANY EMPLOYER, INCLUDING ANY REIMBURSING 2,178
EMPLOYER, SHALL BE CHARGED TO THE MUTUALIZED ACCOUNT IF IT 2,179
FINALLY IS DETERMINED BY A COURT ON APPEAL THAT THE EMPLOYER'S 2,180
ACCOUNT IS NOT CHARGEABLE FOR THE BENEFITS.
(3) The administrator shall notify each employer at least 2,182
once each month of the benefits charged to his THE EMPLOYER'S 2,183
account since the last preceding notice; except that for the 2,185
purposes of sections 4141.241 and 4141.242 of the Revised Code 2,186
which provides the billing of employers on a payment in lieu of a 2,187
contribution basis, the administrator may prescribe a quarterly 2,188
or less frequent notice of benefits charged to the employer's 2,189
account. Such notice will show a summary of the amount of 2,190
benefits paid which were charged to the employer's account. This 2,191
notice shall not be deemed a determination of the claimant's 2,192
eligibility for benefits. Any employer so notified, may, 2,193
however, MAY FILE within fifteen days after the mailing date of 2,194
the notice, file an exception to charges appearing on the notice 2,196
on the grounds that such charges are not in accordance with this 2,197
section. The administrator shall promptly examine the exception 2,198
to such charges and shall notify the employer of his THE 2,199
54
ADMINISTRATOR'S decision thereon, which decision shall become 2,200
final unless appealed to the board of review in the manner 2,201
provided in section 4141.26 of the Revised Code. For the
purposes of this division, an exception is considered timely 2,202
filed when it has been received as provided in division (I)(2) of 2,203
section 4141.28 of the Revised Code. 2,204
(3)(4) For the purpose of this section and sections 2,206
4141.241 and 4141.242 of the Revised Code, benefits based on 2,207
public service wages for services performed in a public service 2,208
job as defined in the "Comprehensive Employment and Training Act 2,209
of 1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, to the 2,210
extent that wages are paid with funds provided under that federal 2,211
act shall not be charged to the account of any employer but shall 2,212
be charged to the account of the federal government to the extent 2,213
that the unemployment compensation fund is reimbursed for 2,214
benefits under section 221, Title II of the "Emergency Jobs and 2,215
Unemployment Assistance Act of 1974," 88 Stat. 1845, as added by 2,216
section 6(a) of Public Law 94-444, as amended. 2,217
(E) The administrator shall terminate and close the 2,219
account of any contributory employer who has been subject to this 2,220
chapter if the enterprise for which the account was established 2,221
is no longer in operation and it has had no payroll and its 2,222
account has not been chargeable with benefits for a period of 2,223
five consecutive years. The amount of any positive balance, 2,224
computed as provided in division (C)(A)(3) of section 4141.25 of 2,226
the Revised Code, in an account closed and terminated as provided
in this section shall be credited to the mutualized account as 2,227
provided in division (D)(B)(2)(b) of section 4141.25 of the 2,228
Revised Code. The amount of any negative balance, computed as 2,229
provided in division (C)(A)(3) of section 4141.25 of the Revised 2,230
Code, in an account closed and terminated as provided in this 2,231
section shall be charged to the mutualized account as provided in 2,232
division (D)(B)(1)(b) of section 4141.25 of the Revised Code. 2,233
The amount of any positive balance or negative balance, credited 2,235
55
or charged to the mutualized account after the termination and 2,236
closing of an employer's account, shall not thereafter be 2,237
considered in determining the contribution rate of such employer. 2,238
The closing of an employer's account as provided in this division 2,239
shall not relieve such employer from liability for any unpaid 2,240
contributions or payment in lieu of contributions which are due 2,241
for periods prior to such closing. 2,242
If the administrator finds that a contributory employer's 2,244
business is closed solely because of the entrance of one or more 2,245
of the owners, officers, or partners, or the majority 2,246
stockholder, into the armed forces of the United States, or any 2,247
of its allies, or of the United Nations after July 1, 1950, such 2,248
employer's account shall not be terminated and if the business is 2,249
resumed within two years after the discharge or release of such 2,250
persons from active duty in the armed forces, the employer's 2,251
experience shall be deemed to have been continuous throughout 2,252
such period. The reserve ratio of any such employer shall be the 2,253
total contributions paid by such employer minus all benefits, 2,254
including benefits paid to any individual during the period such 2,255
employer was in the armed forces, based upon wages paid by him 2,256
THE EMPLOYER prior to his THE EMPLOYER'S entrance into the armed 2,257
forces divided by the average of his THE EMPLOYER'S annual 2,259
payrolls for the three most recent years during the whole of 2,261
which the employer has been in business.
(F) If an employer transfers his THE EMPLOYER'S business 2,263
or otherwise reorganizes such business, the successor in interest 2,264
shall assume the resources and liabilities of such employer's 2,265
account, and continue the payment of all contributions, or 2,266
payments in lieu of contributions, due under this chapter. If an 2,267
employer acquires substantially all of the assets in a trade or 2,268
business of another employer, or a clearly segregable and 2,269
identifiable portion of an employer's enterprise, and immediately 2,270
after the acquisition employs in his THE EMPLOYER'S trade or 2,271
business substantially the same individuals who immediately prior 2,273
56
to the acquisition were employed in the trade or business or in 2,274
the separate unit of such trade or business of such predecessor 2,275
employer, then, upon application to the administrator signed by 2,276
the predecessor employer and the acquiring employer, the employer 2,277
acquiring such enterprise is the successor in interest. In the 2,278
case of a transfer of a portion of an employer's enterprise, only 2,279
that part of the experience with unemployment compensation and 2,280
payrolls that is directly attributable to the segregated and 2,281
identifiable part shall be transferred and used in computing the 2,282
contribution rate of the successor employer on the next 2,283
computation date. The administrator by rule may prescribe 2,284
procedures for effecting transfers of experience as provided for 2,285
in this section.
(G) For the purposes of this section, two or more 2,287
employers who are parties to or the subject of a merger, 2,288
consolidation, or other form of reorganization effecting a change 2,289
in legal identity or form are deemed to be a single employer if 2,290
the administrator finds that immediately after such change the 2,291
employing enterprises of the predecessor employers are continued 2,292
solely through a single employer as successor thereto, and 2,293
immediately after such change such successor is owned or 2,294
controlled by substantially the same interests as the predecessor 2,295
employers, and the successor has assumed liability for all 2,296
contributions required of the predecessor employers, and the 2,297
consideration of such two or more employers as a single employer 2,298
for the purposes of this section would not be inequitable. 2,299
(H) No rate of contribution less than three per cent shall 2,301
be permitted a contributory employer succeeding to the experience 2,302
of another contributory employer pursuant to this section for any 2,303
period subsequent to such succession, except in accordance with 2,304
rules prescribed by the administrator, which rules shall be 2,305
consistent with federal requirements for additional credit 2,306
allowance in section 3303 of the "Internal Revenue Code of 1954" 2,307
and consistent with this chapter, except that such rules may 2,308
57
establish a computation date for any such period different from 2,309
the computation date generally prescribed by this chapter, and 2,310
may define "calendar year" as meaning a twelve consecutive month 2,311
period ending on the same day of the year as that on which such 2,312
computation date occurs. 2,313
(I) The administrator may prescribe rules for the 2,315
establishment, maintenance, and dissolution of common 2,316
contribution rates for two or more contributory employers, and in 2,317
accordance with such rules and upon application by two or more 2,318
employers shall establish such common rate to be computed by 2,319
merging the several contribution rate factors of such employers 2,320
for the purpose of establishing a common contribution rate 2,321
applicable to all such employers. 2,322
Sec. 4141.241. (A)(1) Any nonprofit organization 2,331
described in division (X) of section 4141.01 of the Revised Code, 2,332
which becomes subject to this chapter on or after January 1, 2,333
1972, shall pay contributions under section 4141.25 of the 2,334
Revised Code, unless it elects, in accordance with this division, 2,335
to pay to the administrator of employment services for deposit in 2,336
the unemployment compensation fund an amount in lieu of 2,337
contributions equal to the amount of regular benefits plus one 2,338
half of extended benefits paid from that fund that is 2,339
attributable to service in the employ of the nonprofit 2,340
organization to individuals whose service, during the base period 2,341
of the claims, was within the effective period of such election. 2,342
(2) Any nonprofit organization which becomes subject to 2,344
this chapter after January 1, 1972, may elect to become liable 2,345
for payments in lieu of contributions for a period of not less 2,346
than the remainder of that calendar year and the next calendar 2,347
year, beginning with the date on which such subjectivity begins, 2,348
by filing a written notice of its election with the administrator 2,349
not later than thirty days immediately following the date of the 2,350
determination of such subjectivity. 2,351
(3) Any nonprofit organization which makes an election in 2,353
58
accordance with this division will continue to be liable for 2,354
payments in lieu of contributions for the period described in 2,355
this division and until it files with the administrator a written 2,356
notice terminating its election. The notice shall be filed not 2,357
later than thirty days prior to the beginning of the calendar 2,358
year for which the termination is to become effective. 2,359
(4) Any nonprofit organization which has been paying 2,361
contributions for a period subsequent to January 1, 1972, may 2,362
change to a reimbursable basis by filing with the administrator, 2,363
not later than thirty days prior to the beginning of any calendar 2,364
year, a written notice of election to become liable for payments 2,365
in lieu of contributions. The election shall not be terminable 2,366
by the organization during that calendar year and the next 2,367
calendar year. 2,368
(5) The administrator, in accordance with any rules the 2,370
administrator prescribes, shall notify each nonprofit 2,371
organization of any determination which the administrator may 2,373
make of its status as an employer and of the effective date of 2,375
any election which it makes and of any termination of the 2,376
election. Any determinations shall be subject to 2,377
reconsideration, appeal, and review in accordance with section
4141.26 of the Revised Code. 2,378
(B) Except as provided in division (I) of section 4141.29 2,380
of the Revised Code, benefits based on service with a nonprofit 2,381
organization granted a reimbursing status under this section 2,382
shall be payable in the same amount, on the same terms, and 2,383
subject to the same conditions, as benefits payable on the basis 2,384
of other service subject to this chapter. Payments in lieu of 2,385
contributions shall be made in accordance with this division and 2,386
division (D) of section 4141.24 of the Revised Code. 2,387
(1)(a) At the end of each calendar quarter, or at the end 2,389
of any other period as determined by the administrator under 2,390
division (D)(2) of section 4141.24 of the Revised Code, the 2,391
administrator shall bill each nonprofit organization or group of 2,392
59
such organizations which has elected to make payments in lieu of 2,393
contributions for an amount equal to the full amount of regular 2,394
benefits plus one half of the amount of extended benefits paid 2,395
during such quarter or other prescribed period which is 2,396
attributable to service in the employ of such organization. 2,397
(b) In the computation of the amount of benefits to be 2,399
charged to employers liable for payments in lieu of 2,400
contributions, all benefits attributable to service described in 2,401
division (B)(1)(a) of this section shall be computed and charged 2,402
to such organization as described in division (D) of section 2,403
4141.24 of the Revised Code, and, except as provided in division 2,404
(C) of section 4141.33 of the Revised Code, no portion of the 2,405
amount may be charged to the mutualized account established by 2,406
division (D)(B) of section 4141.25 of the Revised Code. 2,407
(c) The administrator may prescribe regulations under 2,409
which organizations, which have elected to make payments in lieu 2,410
of contributions may request permission to make such payments in 2,411
equal installments throughout the year with an adjustment at the 2,412
end of the year for any excess or shortage of the amount of such 2,413
installment payments compared with the total amount of benefits 2,414
actually charged the organization's account during the year. In 2,415
making any adjustment, where the total installment payments are 2,416
less than the actual benefits charged, the organization shall be 2,417
liable for payment of the unpaid balance in accordance with 2,418
division (B)(2) of this section. If the total installment 2,419
payments exceed the actual benefits charged, all or part of the 2,420
excess may, at the discretion of the administrator, be refunded 2,421
or retained in the fund as part of the payments which may be 2,422
required in the next year. 2,423
(2) Payment of any bill rendered under division (B)(1) of 2,425
this section shall be made not later than thirty days after the 2,426
bill was mailed to the last known address of the organization or 2,427
was otherwise delivered to it, unless there has been an 2,428
application for review and redetermination in accordance with 2,429
60
division (B)(4) of this section. 2,430
(3) Payments made by an organization under this section 2,432
shall not be deducted or deductible, in whole or in part, from 2,433
the remuneration of individuals in the employ of the 2,434
organization. 2,435
(4) An organization may file an application for review and 2,437
redetermination of the amounts appearing on any bill rendered to 2,438
such organization under division (B)(1) of this section. The 2,439
application shall be filed and determined under division (D)(2) 2,440
of section 4141.24 of the Revised Code. 2,441
(5) Past due payments of amounts in lieu of contributions 2,443
shall be subject to the same interest rates and collection 2,444
procedures that apply to past due contributions under sections 2,445
4141.23 and 4141.27 of the Revised Code. In case of failure to 2,446
file a required quarterly report within the time prescribed by 2,447
the administrator, the nonprofit organization shall be subject to 2,448
a forfeiture pursuant to section 4141.20 of the Revised Code for 2,449
each quarterly report that is not timely filed. 2,450
All interest and forfeitures collected under this division 2,452
shall be paid into the unemployment compensation special 2,453
administrative fund as provided in section 4141.11 of the Revised 2,454
Code. 2,455
(6) All payments in lieu of contributions collected under 2,457
this section shall be paid into the unemployment compensation 2,458
fund as provided in section 4141.09 of the Revised Code. Any 2,459
refunds of such payments shall be paid from the unemployment 2,460
compensation fund, as provided in section 4141.09 of the Revised 2,461
Code. 2,462
(C)(1) Any nonprofit organization, or group of such 2,464
organizations approved under division (D) of this section, that 2,466
elects to become liable for payments in lieu of contributions 2,467
shall be required within thirty days after the effective date of 2,468
its election, to execute and file with the administrator a surety 2,469
bond approved by the administrator or it may elect instead to 2,470
61
deposit with the administrator approved municipal or other bonds, 2,471
or approved securities, or a combination thereof, or other forms 2,472
of collateral security approved by the administrator. 2,473
(2)(a) The amount of the bond or deposit required shall be 2,475
equal to three per cent of the organization's wages paid for 2,476
employment as defined in section 4141.01 of the Revised Code that 2,477
would have been taxable had the organization been a subject 2,478
employer during the four calendar quarters immediately preceding 2,479
the effective date of the election, or the amount established by 2,481
the administrator within the limitation provided in division 2,482
(C)(2)(d) of this section, whichever is the less. The effective 2,483
date of the amount of the bond or other collateral security 2,484
required after the employer initially is determined by the
administrator to be liable for payments in lieu of contributions 2,485
shall be the renewal date in the case of a bond or the biennial 2,487
anniversary of the effective date of election in the case of 2,488
deposit of securities or other forms of collateral security 2,489
approved by the administrator, whichever date shall be most 2,490
recent and applicable. If the nonprofit organization did not pay 2,491
wages in each of such four calendar quarters, the amount of the 2,492
bond or deposit shall be as determined by the administrator under 2,493
regulations prescribed for this purpose. 2,494
(b) Any bond or other form of collateral security approved 2,496
by the administrator deposited under this division shall be in 2,497
force for a period of not less than two calendar years and shall 2,498
be renewed with the approval of the administrator, at such times 2,499
as the administrator may prescribe, but not less frequently than 2,500
at two year intervals as long as the organization continues to be 2,501
liable for payments in lieu of contributions. The administrator 2,502
shall require adjustments to be made in a previously filed bond 2,503
or other form of collateral security as the administrator 2,505
considers appropriate. If the bond or other form of collateral 2,506
security is to be increased, the adjusted bond or collateral 2,507
security shall be filed by the organization within thirty days of 2,508
62
the date that notice of the required adjustment was mailed or 2,509
otherwise delivered to it. Failure by any organization covered 2,510
by such bond or collateral security to pay the full amount of
payments in lieu of contributions when due, together with any 2,511
applicable interest provided for in division (B)(5) of this 2,512
section, shall render the surety liable on the bond or collateral 2,513
security to the extent of the bond or collateral security, as 2,514
though the surety was the organization. 2,515
(c) Any securities accepted in lieu of surety bond by the 2,517
administrator shall be deposited with the treasurer of state who 2,518
shall have custody thereof and retain the same in his or her THE 2,519
TREASURER OF STATE'S possession, or release them, according to 2,520
conditions prescribed by regulations of the administrator. 2,522
Income from the securities, held in custody by the treasurer of 2,523
state, shall accrue to the benefit of the depositor and shall be 2,524
distributed to the depositor in the absence of any notification 2,525
from the administrator that the depositor is in default on any 2,526
payment owed to the bureau of employment services. The 2,527
administrator may require the sale of any such bonds to the 2,528
extent necessary to satisfy any unpaid payments in lieu of 2,529
contributions, together with any applicable interest or 2,530
forfeitures provided for in division (B)(5) of this section. The 2,531
administrator shall require the employer within thirty days 2,532
following any sale of deposited securities, under this 2,533
subdivision, to deposit additional securities, surety bond or 2,534
combination of both, to make whole the employer's security 2,535
deposit at the approved level. Any cash remaining from the sale 2,536
of such securities may, at the discretion of the administrator, 2,537
be refunded in whole or in part, or be paid into the unemployment 2,538
compensation fund to cover future payments required of the 2,539
organization.
(d) The required bond or deposit for any nonprofit 2,541
organization, or group of such organizations approved by the 2,542
administrator under division (D) of this section, that is 2,543
63
determined by the administrator to be liable for payments in lieu 2,544
of contributions effective beginning on and after January 1,
1996, but prior to January 1, 1998, and the required bond or 2,545
deposit for any renewed elections under division (C)(2)(b) of 2,546
this section effective during that period shall not exceed one 2,547
million two hundred fifty thousand dollars. The required bond or 2,548
deposit for any nonprofit organization, or group of such
organizations approved by the administrator under division (D) of 2,549
this section, that is determined to be liable for payments in 2,550
lieu of contributions effective on and after January 1, 1998, and 2,551
the required bond or deposit for any renewed elections effective 2,552
on and after January 1, 1998, shall not exceed two million 2,553
dollars.
(3) If any nonprofit organization fails to file a bond or 2,555
make a deposit, or to file a bond in an increased amount or to 2,556
make whole the amount of a previously made deposit, as provided 2,557
under this division, the administrator may terminate the 2,558
organization's election to make payments in lieu of contributions 2,559
effective for the quarter following such failure and the 2,560
termination shall continue for not less than the remainder of 2,561
that calendar year and the next calendar year, beginning with the 2,562
quarter in which the termination becomes effective; except that 2,563
the administrator may extend for good cause the applicable 2,564
filing, deposit or adjustment period by not more than thirty 2,565
days. 2,566
(D)(1) Two or more nonprofit organizations that have 2,568
become liable for payments in lieu of contributions, in 2,569
accordance with division (A) of this section, may file a joint 2,570
application to the administrator for the establishment of the 2,571
group account for the purpose of sharing the cost of benefits 2,572
paid that are attributable to service in the employ of those 2,573
employers. Notwithstanding division (E) of section 4141.242 of 2,574
the Revised Code, hospitals operated by this state or a political 2,575
subdivision may participate in a group account with nonprofit 2,576
64
organizations under the procedures set forth in this section. 2,577
Each application shall identify and authorize a group 2,578
representative to act as the group's agent for the purposes of 2,579
this division. 2,580
(2) Upon the administrator's approval of the application, 2,582
the administrator shall establish a group account for the 2,583
employers effective as of the beginning of the calendar quarter 2,584
in which he THE ADMINISTRATOR receives the application and shall 2,585
notify the group's representative of the effective date of the 2,586
account. The account shall remain in effect for not less than 2,587
two years and thereafter until terminated by the administrator or 2,588
upon application by the group. 2,589
(3) Upon establishment of the account, each member of the 2,591
group shall be liable, in the event that the group representative 2,592
fails to pay any bill issued to it pursuant to division (B) of 2,593
this section, for payments in lieu of contributions with respect 2,594
to each calendar quarter in the amount that bears the same ratio 2,595
to the total benefits paid in the quarter that are attributable 2,596
to service performed in the employ of all members of the group as 2,597
the total wages paid for service in employment by the member in 2,598
the quarter bear to the total wages paid during the quarter for 2,599
service performed in the employ of all members of the group. 2,600
(4) The administrator shall adopt regulations as 2,602
considered necessary with respect to the following: applications 2,603
for establishment, bonding, maintenance, and termination of group 2,604
accounts that are authorized by this section; addition of new 2,605
members to and withdrawal of active members from such accounts; 2,606
and the determination of the amounts that are payable under this 2,607
division by the group representative and in the event of default 2,608
in payment by the group representative, members of the group, and 2,609
the time and manner of payments. 2,610
Sec. 4141.25. (A) Wages paid for services in a public 2,619
service job as defined in the "Comprehensive Employment and 2,620
Training Act of 1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, 2,621
65
shall not be subject to contribution to the extent that wages are 2,622
paid with funds provided under that federal act and are not 2,623
subject to the tax imposed by the "Federal Unemployment Tax Act," 2,624
53 Stat. 183 (1939), 26 U.S.C.A. 3301, and that benefits based on 2,625
those services are reimbursed to this state by the federal 2,626
government. 2,627
(B) An employer who first becomes subject to this chapter 2,629
as a contributory employer shall pay the average contribution 2,630
rate computed for the industry in which the employer is engaged, 2,631
or a rate of three per cent, whichever is greater, until there 2,632
have been four consecutive calendar quarters, ending on the 2,633
thirtieth day of June prior to the computation date throughout 2,634
which the employer's account was chargeable with benefits. Upon 2,635
expiration of this qualifying period, the rate shall then be 2,636
computed in accordance with division (C) of this section. The 2,637
"average contribution rate" for the industry as used in this 2,638
division means the most recent annual average rate reported by 2,639
the bureau of employment services contained in report RS 203.2. 2,640
(C) The administrator of the bureau of employment services 2,642
shall determine as of each computation date the contribution rate 2,643
of each CONTRIBUTING employer SUBJECT TO THIS CHAPTER for the 2,644
next succeeding contribution period. THE ADMINISTRATOR SHALL 2,645
DETERMINE A STANDARD RATE OF CONTRIBUTION OR AN EXPERIENCE RATE 2,646
FOR EACH CONTRIBUTING EMPLOYER. Once a rate of contribution has 2,647
been established under this section for a contribution period, 2,649
except as provided in division (D) of section 4141.26 of the 2,650
Revised Code, that rate shall remain effective throughout such 2,651
contribution period. The rate of contribution shall be 2,652
determined in accordance with the following requirements: 2,653
(1) An EMPLOYER WHOSE EXPERIENCE DOES NOT MEET THE TERMS 2,655
OF DIVISION (A)(2) OF THIS SECTION SHALL BE ASSIGNED A STANDARD 2,656
RATE OF CONTRIBUTION. EFFECTIVE FOR CONTRIBUTION PERIODS 2,657
BEGINNING ON AND AFTER JANUARY 1, 1998, AN employer's standard 2,659
rate of contribution shall be A RATE OF TWO AND SEVEN-TENTHS PER 2,660
66
CENT, EXCEPT THAT THE RATE FOR EMPLOYERS ENGAGED IN THE 2,661
CONSTRUCTION INDUSTRY SHALL BE the average contribution rate 2,662
computed for the CONSTRUCTION industry in which the employer is 2,663
engaged or as set forth in division (B) of this section OR A RATE 2,664
OF TWO AND SEVEN-TENTHS PER CENT, whichever is greater, unless 2,665
there have been four consecutive calendar quarters, ending on the 2,666
thirtieth day of June prior to the computation date, throughout 2,667
which the employer's account was chargeable with benefits, 2,668
including an employer whose account is reactivated before being 2,669
terminated under division (E) of section 4141.24 of the Revised 2,670
Code. In the latter event any balance in the prior account, 2,671
either a positive or negative balance as described in division 2,672
(C)(3) of this section, shall be included in the reactivated 2,673
account. The standard rate set forth in THIS division (C)(1) of 2,674
this section shall be applicable to a nonprofit organization 2,675
whose election to make payments in lieu of contributions is 2,676
voluntarily terminated or canceled by the administrator under 2,677
section 4141.241 of the Revised Code, and thereafter pays 2,678
contributions as required by this section. If such nonprofit 2,679
organization had been a contributory employer prior to its 2,680
election to make payments in lieu of contributions, then any 2,681
prior balance in the contributory account shall become part of 2,682
the reactivated account.
AS USED IN DIVISION (A) OF THIS SECTION, "THE AVERAGE 2,685
CONTRIBUTION RATE COMPUTED FOR THE CONSTRUCTION INDUSTRY" MEANS
THE MOST RECENT ANNUAL AVERAGE RATE ATTRIBUTABLE TO THE 2,687
CONSTRUCTION GROUP AS PRESCRIBED BY THE ADMINISTRATOR. 2,688
(2) A CONTRIBUTING EMPLOYER SUBJECT TO THIS CHAPTER SHALL 2,690
QUALIFY FOR AN EXPERIENCE RATE ONLY IF THE EMPLOYER HAD NO MORE 2,691
THAN THREE CONSECUTIVE QUARTERS WITHOUT EMPLOYMENT SUBJECT TO 2,692
THIS CHAPTER DURING THE FIRST SEVEN OF THE EIGHT COMPLETED 2,693
CALENDAR QUARTERS IMMEDIATELY PRIOR TO THE COMPUTATION DATE. 2,694
Upon MEETING the expiration of the qualifying period REQUIREMENTS 2,695
provided for in division (C)(A)(1) of this section, and as of 2,696
67
each computation date thereafter, the administrator shall 2,697
calculate the total credits to each employer's account consisting 2,698
of the contributions other than mutualized contributions 2,699
including all contributions paid prior to the computation date 2,700
for all past periods plus: 2,701
(a) The contributions owing on the computation date that 2,703
are paid within thirty days after the computation date, and 2,704
credited to the employer's account; 2,705
(b) All voluntary contributions paid by an employer 2,707
pursuant to division (B) of section 4141.24 of the Revised Code. 2,708
(3) The administrator shall also SHALL determine the 2,710
benefits which are chargeable to each employer's account and 2,712
which were paid prior to the computation date with respect to 2,713
weeks of unemployment ending prior to the computation date. The 2,714
administrator shall then SHALL determine the positive or negative 2,716
balance of each employer's account by calculating the excess of 2,717
such contributions and interest over the benefits chargeable, or 2,718
the excess of such benefits over such contributions and interest. 2,719
Any resulting negative balance shall then SHALL be subject to 2,720
adjustment as provided in division (A)(2) of section 4141.24 of 2,721
the Revised Code after which the positive or negative balance 2,722
shall be expressed in terms of a percentage of the employer's 2,723
average annual payroll. If the total standing to the credit of 2,724
an employer's account exceeds the total charges, as provided in 2,725
this division, the employer has a positive balance and if such 2,726
charges exceed such credits the employer has a negative balance. 2,727
Each employer's contribution rate shall then be determined in 2,728
accordance with the following schedule: 2,729
Contribution Rate Schedule 2,730
If, as of the computation date The employer's 2,739
the contribution rate balance of contribution rate for 2,740
an employer's account as a the next succeeding 2,741
percentage of the employer's contribution period 2,742
average annual payroll is shall be 2,743
68
(a) A negative balance of: 2,746
20.0% or more 6.5% 2,747
19.0% but less than 20.0% 6.4% 2,748
17.0% but less than 19.0% 6.3% 2,749
15.0% but less than 17.0% 6.2% 2,750
13.0% but less than 15.0% 6.1% 2,751
11.0% but less than 13.0% 6.0% 2,752
9.0% but less than 11.0% 5.9% 2,753
5.0% but less than 9.0% 5.7% 2,754
4.0% but less than 5.0% 5.5% 2,755
3.0% but less than 4.0% 5.3% 2,756
2.0% but less than 3.0% 5.1% 2,757
1.0% but less than 2.0% 4.9% 2,758
more than 0.0% but less than 1.0% 4.8% 2,759
(b) A 0.0% or a positive 2,760
balance of less than 1.0% 4.7% 2,761
(c) A positive balance of: 2,762
1.0% or more, but less than 1.5% 4.6% 2,763
1.5% or more, but less than 2.0% 4.5% 2,764
2.0% or more, but less than 2.5% 4.3% 2,765
2.5% or more, but less than 3.0% 4.0% 2,766
3.0% or more, but less than 3.5% 3.8% 2,767
3.5% or more, but less than 4.0% 3.5% 2,768
4.0% or more, but less than 4.5% 3.3% 2,769
4.5% or more, but less than 5.0% 3.0% 2,770
5.0% or more, but less than 5.5% 2.8% 2,771
5.5% or more, but less than 6.0% 2.5% 2,772
6.0% or more, but less than 6.5% 2.2% 2,773
6.5% or more, but less than 7.0% 2.0% 2,774
7.0% or more, but less than 7.5% 1.8% 2,775
7.5% or more, but less than 8.0% 1.6% 2,776
8.0% or more, but less than 8.5% 1.4% 2,777
8.5% or more, but less than 9.0% 1.3% 2,778
9.0% or more, but less than 9.5% 1.1% 2,779
69
9.5% or more, but less than 10.0% 1.0% 2,780
10.0% or more, but less than 10.5% .9% 2,781
10.5% or more, but less than 11.0% .7% 2,782
11.0% or more, but less than 11.5% .6% 2,783
11.5% or more, but less than 12.0% .5% 2,784
12.0% or more, but less than 12.5% .4% 2,785
12.5% or more, but less than 13.0% .3% 2,786
13.0% or more, but less than 14.0% .2% 2,787
14.0% or more .1% 2,788
(d) The contribution rates shall be as specified in 2,791
divisions (a), (b), and (c) of the contribution rate schedule 2,792
except that notwithstanding the amendments made to division (a) 2,793
of the contribution rate schedule in this section, if, as of the 2,794
computation date: for 1991, the negative balance is 5.0% or 2,795
more, the contribution rate shall be 5.7%; for 1992, if the 2,796
negative balance is 11.0% or more, the contribution rate shall be 2,797
6.0%; and for 1993, if the negative balance is 17.0% or more, the 2,798
contribution rate shall be 6.3%. Thereafter, the contribution 2,799
rates shall be as specified in the contribution rate schedule. 2,800
(D)(B)(1) The administrator shall establish and maintain a 2,802
separate account to be known as the "mutualized account." As of 2,803
each computation date there shall be charged to this account: 2,804
(a) As provided in division (A)(2) of section 4141.24 of 2,806
the Revised Code, an amount equal to the sum of that portion of 2,807
the negative balances of employer accounts which exceeds the 2,808
applicable limitations as such balances are computed under 2,809
division (C)(A) of this section as of such date; 2,810
(b) An amount equal to the sum of the negative balances 2,812
remaining in employer accounts which have been closed during the 2,813
year immediately preceding such computation date pursuant to 2,814
division (E) of section 4141.24 of the Revised Code; 2,815
(c) An amount equal to the sum of all benefits improperly 2,817
paid preceding such computation date which are not recovered but 2,818
which are not charged to an employer's account, or which after 2,819
70
being charged, are credited back to an employer's account; 2,820
(d) An amount equal to the sum of any other benefits paid 2,822
preceding such computation date which, under this chapter, are 2,823
not chargeable to an employer's account; 2,824
(e) An amount equal to the sum of any refunds made during 2,826
the year immediately preceding such computation date of 2,827
erroneously collected mutualized contributions required by this 2,828
division which were previously credited to this account; 2,829
(f) An amount equal to the sum of any repayments made to 2,831
the federal government during the year immediately preceding such 2,832
computation date of amounts which may have been advanced by it to 2,833
the unemployment compensation fund under section 1201 of the 2,834
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301; 2,835
(g) Any amounts appropriated by the general assembly out 2,837
of funds paid by the federal government, under section 903 of the 2,838
"Social Security Act," to the account of this state in the 2,839
federal unemployment trust fund. 2,840
(2) As of every computation date there shall be credited 2,842
to the mutualized account provided for in this division: 2,843
(a) The proceeds of the mutualized contributions as 2,845
provided in this division; 2,846
(b) Any positive balances remaining in employer accounts 2,848
which are closed as provided in division (E) of section 4141.24 2,849
of the Revised Code; 2,850
(c) Any benefits improperly paid which are recovered but 2,852
which cannot be credited to an employer's account; 2,853
(d) All amounts which may be paid by the federal 2,855
government under section 903 of the "Social Security Act" to the 2,856
account of this state in the federal unemployment trust fund; 2,857
(e) Amounts advanced by the federal government to the 2,859
account of this state in the federal unemployment trust fund 2,860
under section 1201 of the "Social Security Act" to the extent 2,861
such advances have been repaid to or recovered by the federal 2,862
government; 2,863
71
(f) Interest credited to the Ohio unemployment trust fund 2,865
as deposited with the secretary of the treasury of the United 2,866
States. 2,867
(3) Annually, as of the computation date, the 2,869
administrator shall determine the total credits and charges made 2,870
to the mutualized account during the preceding twelve months and 2,871
the overall condition of the account. The administrator shall 2,872
issue an annual statement containing this information and such 2,874
other information as the administrator deems pertinent, including 2,875
a report that the sum of the balances in the mutualized account, 2,877
employers' accounts, and any subsidiary accounts equal the 2,878
balance in the state's unemployment trust fund maintained under 2,879
section 904 of the "Social Security Act." 2,880
(4) As used in this division: 2,882
(a) "Fund as of the computation date" means as of any 2,884
computation date, the aggregate amount of the unemployment 2,885
compensation fund, including all contributions owing on the 2,886
computation date that are paid within thirty days thereafter, all 2,887
payments in lieu of contributions that are paid within sixty days 2,888
after the computation date, all reimbursements of the federal 2,889
share of extended benefits described in section 4141.301 of the 2,890
Revised Code that are owing on the computation date, and all 2,891
interest earned by the fund and received on or before the 2,892
computation date from the federal government. 2,893
(b) "Minimum safe level" means an amount equal to two 2,895
standard deviations above the average of the adjusted annual 2,896
average unemployment compensation benefit payment from 1970 to 2,897
the most recent calendar year prior to the computation date, as 2,898
determined by the administrator pursuant to division (D)(B)(4)(b) 2,900
of this section. To determine the adjusted annual payment of 2,901
unemployment compensation benefits, the administrator first shall 2,902
multiply the number of weeks compensated during each calendar 2,903
year beginning with 1970 by the most recent annual average weekly 2,904
unemployment compensation benefit payment and then compute the 2,905
72
average and standard deviation of the resultant products. 2,906
(c) "Annual average weekly unemployment compensation 2,908
benefit payment" means the amount resulting from dividing the 2,909
unemployment compensation benefits paid from the benefit account 2,910
maintained within the unemployment compensation fund pursuant to 2,911
section 4141.09 of the Revised Code, by the number of weeks 2,912
compensated during the same time period. 2,913
(5) If, as of any computation date, the charges to the 2,915
mutualized account during the entire period subsequent to the 2,916
computation date, July 1, 1966, made in accordance with division 2,917
(D)(B)(1) of this section, exceed the credits to such account 2,918
including mutualized contributions during such period, made in 2,919
accordance with division (D)(B)(2) of this section, the amount of 2,921
such excess charges shall be recovered during the next 2,922
contribution period. To recover such amount, the administrator 2,923
shall compute the percentage ratio of such excess charges to the 2,924
average annual payroll of all employers eligible for an 2,925
experience rate under division (C)(A) of this section. The 2,926
percentage so determined shall be computed to the nearest tenth 2,927
of one per cent and shall be an additional contribution rate to 2,928
be applied to the wages paid by each employer whose rate is 2,929
computed under the provisions of division (C)(A) of this section 2,931
in the contribution period next following such computation date, 2,932
but such percentage shall not exceed five-tenths of one per cent; 2,933
however, when there are any excess charges in the mutualized 2,934
account, as computed in this division, then the mutualized 2,935
contribution rate shall not be less than one-tenth of one per 2,936
cent. 2,937
(6) If the fund as of the computation date is above or 2,939
below minimum safe level, the contribution rates provided for in 2,940
each classification in division (C)(A)(3) of this section for the 2,942
next contribution period shall be adjusted as follows:
(a) If the fund is thirty per cent or more above minimum 2,944
safe level, the contribution rates provided in division (C)(A)(3) 2,946
73
of this section shall be decreased two-tenths of one per cent. 2,947
(b) If the fund is more than fifteen per cent but less 2,949
than thirty per cent above minimum safe level, the contribution 2,950
rates provided in division (C)(A)(3) of this section shall be 2,951
decreased one-tenth of one per cent. 2,952
(c) If the fund is more than fifteen per cent but less 2,954
than thirty per cent below minimum safe level, the contribution 2,955
rates of all employers shall be increased twenty-five 2,956
one-thousandths of one per cent plus a per cent increase 2,957
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,959
section.
(d) If the fund is more than thirty per cent but less than 2,961
forty-five per cent below minimum safe level, the contribution 2,962
rates of all employers shall be increased seventy-five 2,963
one-thousandths of one per cent plus a per cent increase 2,964
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,966
section.
(e) If the fund is more than forty-five per cent but less 2,968
than sixty per cent below minimum safe level, the contribution 2,969
rates of all employers shall be increased one-eighth of one per 2,970
cent plus a per cent increase calculated and rounded pursuant to 2,971
division (D)(B)(6)(g) of this section. 2,972
(f) If the fund is sixty per cent or more below minimum 2,974
safe level, the contribution rates of all employers shall be 2,975
increased two-tenths of one per cent plus a per cent increase 2,976
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,978
section.
(g) The additional per cent increase in contribution rates 2,980
required by divisions (D)(B)(6)(c), (d), (e), and (f) of this 2,981
section that is payable by each individual employer shall be 2,982
calculated in the following manner. The flat rate increase 2,983
required by a particular division shall be multiplied by three 2,984
and the product divided by the average experienced-rated 2,985
contribution rate for all employers as determined by the 2,986
74
administrator for the most recent calendar year. The resulting 2,987
quotient shall be multiplied by an individual employer's 2,988
contribution rate determined pursuant to division (C)(A)(3) of 2,989
this section. The resulting product shall be rounded to the 2,991
nearest tenth of one per cent, added to the flat rate increase 2,992
required by division (D)(B)(6)(c), (d), (e), or (f) of this 2,993
section, as appropriate, and the total shall be rounded to the 2,994
nearest tenth of one per cent. As used in division (D)(B)(6)(g) 2,995
of this section, the "average experienced-rated contribution 2,997
rate" means the most recent annual average contribution rate 2,998
reported by the bureau contained in report RS 203.2 less the 2,999
mutualized and minimum safe level contribution rates included in 3,000
such rate.
(h) If any of the increased contribution rates of division 3,002
(D)(B)(6)(c), (d), (e), or (f) of this section are imposed, the 3,004
rate shall remain in effect for the calendar year in which it is 3,005
imposed and for each calendar year thereafter until the 3,006
administrator determines as of the computation date for calendar 3,007
year 1991 and as of the computation date for any calendar year 3,008
thereafter pursuant to this section, that the level of the 3,009
unemployment compensation fund equals or exceeds the minimum safe 3,010
level as defined in division (D)(B)(4)(b) of this section. 3,011
Nothing in division (D)(B)(6)(h) of this section shall be 3,013
construed as restricting the imposition of the increased 3,014
contribution rates provided in divisions (D)(B)(6)(c), (d), (e), 3,015
and (f) of this section if the fund falls below the percentage of 3,016
the minimum safe level as specified in those divisions. 3,017
(7) The additional contributions required by division 3,020
(D)(B)(5) of this section shall be credited to the mutualized
account. The additional contributions required by division 3,022
(D)(B)(6) of this section shall be credited fifty per cent to
individual employer accounts and fifty per cent to the mutualized 3,023
account. 3,024
(E)(C) If an employer makes a payment of contributions 3,026
75
which is less than the full amount required by divisions (C)(A) 3,027
and (D)(B) of this section, such partial payment shall be applied 3,029
first against the mutualized contributions required under 3,030
division (D)(B) of this section, including the additional 3,032
contributions required under division (D)(B)(6) of this section. 3,033
Any remaining partial payment shall be credited to the employer's 3,035
individual account.
(F)(D) Whenever there are any increases in contributions 3,037
resulting from an increase in wages subject to contributions as 3,038
defined in division (G) of section 4141.01 of the Revised Code, 3,039
or from an increase in the mutualized rate of contributions 3,040
provided in division (D)(B) of this section, or from a revision 3,042
of the contribution rate schedule provided in division (C)(A) of 3,043
this section, except for that portion of the increase 3,045
attributable to a change in the positive or negative balance in 3,046
an employer's account, which increases become effective after a 3,047
contract for the construction of real property, as defined in 3,048
section 5701.02 of the Revised Code, has been entered into, the 3,049
contractee upon written notice by a prime contractor shall 3,050
reimburse the contractor for all increased contributions paid by 3,051
the prime contractor or by subcontractors upon wages for services 3,052
performed under the contract. Upon reimbursement by the 3,053
contractee to the prime contractor, the prime contractor shall 3,054
reimburse each subcontractor for the increased contributions. 3,055
(G)(E) Effective only for the contribution period 3,057
beginning on January 1, 1996, and ending on December 31, 1996, 3,058
mutualized contributions collected or received by the 3,059
administrator pursuant to division (D)(B)(5) of this section and 3,061
amounts credited to the mutualized account pursuant to division
(D)(B)(7) of this section shall be deposited into or credited to 3,063
the unemployment compensation benefit reserve fund that is 3,064
created under division (H)(F) of this section, except that 3,065
amounts collected, received, or credited in excess of two hundred 3,067
million dollars shall be deposited into or credited to the 3,068
76
unemployment trust fund established pursuant to section 4141.09 3,070
of the Revised Code.
(H)(F) The state unemployment compensation benefit reserve 3,073
fund is hereby created as a trust fund in the custody of the
treasurer of state and shall not be part of the state treasury. 3,074
The fund shall consist of all moneys collected or received as 3,076
mutualized contributions pursuant to division (D)(B)(5) of this 3,077
section and amounts credited to the mutualized account pursuant 3,078
to division (D)(B)(7) of this section as provided by division 3,080
(G)(E) of this section. All moneys in the fund shall be used 3,082
solely to pay unemployment compensation benefits in the event 3,083
that funds are no longer available for that purpose from the
unemployment trust fund established pursuant to section 4141.09 3,084
of the Revised Code. 3,085
(I)(G) The balance in the unemployment compensation 3,087
benefit reserve fund remaining at the end of the contribution 3,089
period beginning January 1, 2000, and any mutualized contribution 3,090
amounts for the contribution period beginning on January 1, 1996, 3,091
that may be received after December 31, 2000, shall be deposited 3,092
into the unemployment trust fund established pursuant to section 3,093
4141.09 of the Revised Code. Income earned on moneys in the 3,095
state unemployment compensation benefit reserve fund shall be 3,096
available for use by the administrator of the bureau of
employment services only for the purposes described in division 3,097
(K)(I) of this section, and shall not be used for any other 3,098
purpose.
(J)(H) The unemployment compensation benefit reserve fund 3,100
balance shall be added to the unemployment trust fund balance in 3,102
determining the minimum safe level tax to be imposed pursuant to 3,103
division (D)(B) of this section and shall be included in the 3,105
mutualized account balance for the purpose of determining the 3,106
mutualized contribution rate pursuant to division (D)(B)(5) of 3,107
this section.
(K)(I) All income earned on moneys in the unemployment 3,109
77
compensation benefit reserve fund from the investment of the fund 3,111
by the treasurer of state shall accrue to the bureau of 3,112
employment services automation administration fund, which is 3,113
hereby established in the state treasury. Moneys within the 3,114
automation administration fund shall be used to meet the costs 3,116
related to automation of the bureau and the administrative costs 3,117
related to collecting and accounting for unemployment
compensation benefit reserve fund revenue. Any funds remaining 3,118
in the automation administration fund upon completion of the 3,119
bureau's automation projects that are funded by that fund shall 3,120
be deposited into the unemployment trust fund established 3,121
pursuant to section 4141.09 of the Revised Code. 3,122
(L)(J) The administrator shall prepare and submit monthly 3,124
reports to the unemployment compensation advisory commission with 3,126
respect to the status of efforts to collect and account for 3,127
unemployment compensation benefit reserve fund revenue and the 3,128
costs related to collecting and accounting for that revenue. The 3,129
administrator shall obtain approval from the unemployment
compensation advisory commission for expenditure of funds from 3,131
the bureau of employment services automation administration fund. 3,132
Funds may be approved for expenditure for purposes set forth in 3,133
division (K)(I) of this section only to the extent that federal 3,135
or other funds are not available.
Sec. 4141.26. (A) As soon as practicable after the first 3,144
day of September but not later than the first day of December of 3,145
each year, the administrator of the bureau of employment services 3,146
shall notify each employer of the employer's contribution rate as 3,148
determined for the next ensuing contribution period pursuant to
section 4141.25 of the Revised Code provided the employer has 3,149
furnished the bureau of employment services, by the first day of 3,150
September following the computation date, with the wage 3,151
information for all past periods necessary for the computation of 3,152
the contribution rate. 3,153
(B)(1) In the case of contribution rates applicable to 3,155
78
contribution periods beginning on or before December 31, 1992, if 3,156
the employer has not furnished the necessary wage information, 3,157
the employer's contribution rate for such contribution period 3,159
shall be the maximum rate provided in such section, except that, 3,160
if the employer files the necessary wage information by the end 3,161
of the thirtieth day following the issuance of the maximum rate 3,162
notice, the employer's rate then shall be computed as provided in 3,163
section 4141.25 of the Revised Code. 3,164
(2) In the case of contribution rates applicable to 3,166
contribution periods beginning on or after January 1, 1993, and 3,167
before January 1, 1995, if the employer has not furnished the 3,168
necessary wage information, the employer's contribution rate for 3,170
such contribution period shall not be computed as provided in
section 4141.25 of the Revised Code, but instead shall be 3,171
assigned at the maximum rate provided in that section, with the 3,172
following exceptions: 3,173
(a) If the employer files the necessary wage information 3,175
by December thirty-first of the year immediately preceding the 3,176
contribution period for which the rate is to be effective, the 3,177
employer's rate then shall be computed as provided in division 3,178
(C)(A) of section 4141.25 of the Revised Code. 3,179
(b) The administrator may waive the maximum contribution 3,181
rate assigned pursuant to division (B)(2) of this section if the 3,182
employer meets all of the following conditions within thirty days 3,183
after the administrator mails the notice of the maximum 3,184
contribution rate assigned pursuant to division (B)(2) of this 3,185
section: 3,186
(i) Provides to the administrator a written request for 3,188
waiver of the maximum contribution rate, clearly demonstrating 3,189
that failure to timely furnish the wage information as required 3,190
by division (A) of this section was a result of circumstances 3,191
beyond the control of the employer or the employer's agent, 3,192
except that negligence on the part of the employer shall not be 3,193
considered beyond the control of the employer or the employer's 3,194
79
agent;
(ii) Furnishes to the administrator all of the wage 3,196
information as required by division (A) of this section and all 3,197
quarterly reports due pursuant to section 4141.20 of the Revised 3,198
Code; 3,199
(iii) Pays in full all contributions, payments in lieu of 3,201
contributions, interest, forfeiture, and fines for each quarter 3,202
for which such payments are due. 3,203
(3) In the case of contribution rates applicable to 3,205
contribution periods beginning on or after January 1, 1995, if 3,206
the employer has not timely furnished the necessary wage 3,207
information as required by division (A) of this section, the 3,208
employer's contribution rate for such contribution period shall 3,209
not be computed as provided in section 4141.25 of the Revised 3,210
Code, but instead shall be assigned a contribution rate equal to 3,211
one hundred twenty-five per cent of the maximum rate provided in
that section, with the following exceptions: 3,212
(a) If the employer files the necessary wage information 3,214
by the thirty-first day of December of the year immediately 3,215
preceding the contribution period for which the rate is to be 3,216
effective, the employer's rate shall be computed as provided in 3,217
division (C)(A) of section 4141.25 of the Revised Code; 3,218
(b) The administrator may waive the contribution rate 3,220
assigned pursuant to division (B)(3) of this section if the 3,221
employer meets all of the following conditions within thirty days 3,222
after the administrator mails to the employer the notice of the 3,223
contribution rate assigned pursuant to division (B)(3) of this 3,224
section: 3,225
(i) Provides to the administrator a written request for 3,227
waiver of the contribution rate, clearly demonstrating that the 3,228
failure to timely furnish the wage information as required by 3,229
division (A) of this section was a result of circumstances beyond 3,230
the control of the employer or the employer's agent, except that 3,232
negligence on the part of the employer shall not be considered to
80
be beyond the control of the employer or the employer's agent; 3,233
(ii) Furnishes to the administrator all of the wage 3,235
information as required by division (A) of this section and all 3,236
quarterly reports due pursuant to section 4141.20 of the Revised 3,237
Code; 3,238
(iii) Pays in full all contributions, payments in lieu of 3,240
contributions, interest, forfeiture, and fines for each quarter 3,241
for which such payments are due. 3,242
(c) The administrator shall revise the contribution rate 3,244
of an employer who has not timely furnished the necessary wage 3,245
information as required by division (A) of this section, who has 3,246
been assigned a contribution rate pursuant to division (B)(3) of 3,247
this section, and who does not meet the requirements of division 3,248
(B)(3)(a) or (b) of this section, if the employer furnishes the 3,249
necessary wage information to the administrator within thirty-six 3,250
months following the thirty-first day of December of the year 3,251
immediately preceding the contribution period for which the rate 3,252
is to be effective. The revised rate under division (B)(3)(c) of 3,253
this section shall be equal to one hundred twenty per cent of the 3,254
contribution rate that would have resulted if the employer had 3,255
timely furnished the necessary wage information under division 3,256
(A) of this section. 3,257
(4) The administrator shall deny an employer's request for 3,259
a waiver of the requirement that the employer's contribution rate 3,260
be the maximum rate under division (B)(2)(b) of this section, or 3,261
be the rate assigned under division (B)(3)(b) of this section, or 3,262
for a revision of the employer's rate as provided in division 3,264
(B)(3)(c) of this section if the administrator finds that the 3,265
employer's failure to timely file the necessary wage information
was due to an attempt to evade payment. 3,266
(5) The administrator shall round the contribution rates 3,268
the administrator determines under this division to the nearest 3,270
tenth of one per cent.
(C) If, as a result of the computation pursuant to 3,272
81
division (B) of this section, the employer's account shows a 3,273
negative balance in excess of the applicable limitations, in that 3,274
computation, the excess above applicable limitations shall not be 3,275
transferred from the account as provided in division (A)(2) of 3,276
section 4141.24 of the Revised Code. 3,277
(D) The rate determined pursuant to this section and 3,279
section 4141.25 of the Revised Code shall become binding upon the 3,280
employer unless: 3,281
(1) The employer makes a voluntary contribution as 3,283
provided in division (B) of section 4141.24 of the Revised Code, 3,284
whereupon the administrator shall issue the employer a revised 3,285
contribution rate notice if the contribution changes the 3,286
employer's rate; or
(2) Within thirty days after the mailing of notice of the 3,288
employer's rate or a revision of it to the employer's last known 3,290
address or, in the absence of mailing of such notice, within
thirty days after the delivery of such notice, the employer files 3,291
an application with the administrator for reconsideration of the 3,292
administrator's determination of such rate setting forth reasons 3,293
for such request. The administrator shall promptly examine the 3,295
application for reconsideration and shall notify the employer of 3,296
the administrator's reconsidered decision, which shall become 3,297
final unless, within thirty days after the mailing of such notice
by certified mail, return receipt requested, the employer files 3,298
an application for review of such decision with the unemployment 3,299
compensation review commission. The commission shall promptly 3,300
examine the application for review of the administrator's 3,301
decision and shall grant such employer an opportunity for a fair 3,302
hearing. The proceeding at the hearing before the commission 3,303
shall be recorded in the means and manner prescribed by the 3,304
commission. For the purposes of this division, the review is 3,305
considered timely filed when it has been received as provided in 3,306
division (I)(2) of section 4141.28 of the Revised Code. 3,307
The employer and the administrator shall be promptly 3,309
82
notified of the commission's decision, which shall become final 3,310
unless, within thirty days after the mailing of notice of it to 3,311
the employer's last known address by certified mail, return 3,312
receipt requested, or, in the absence of mailing, within thirty 3,313
days after delivery of such notice, an appeal is taken by the 3,314
employer or the administrator to the court of common pleas of 3,315
Franklin county. Such appeal shall be taken by the employer or 3,316
the administrator by filing a notice of appeal with the clerk of 3,317
such court and with the commission. Such notice of appeal shall 3,319
set forth the decision appealed and the errors in it complained
of. Proof of the filing of such notice with the commission shall 3,320
be filed with the clerk of such court. 3,321
The commission, upon written demand filed by the appellant 3,323
and within thirty days after the filing of such demand, shall 3,324
file with the clerk a certified transcript of the record of the 3,325
proceedings before the commission pertaining to the determination 3,326
or order complained of, and the appeal shall be heard upon such 3,327
record certified to the commission. In such appeal, no 3,328
additional evidence shall be received by the court, but the court 3,329
may order additional evidence to be taken before the commission, 3,330
and the commission, after hearing such additional evidence, shall 3,331
certify such additional evidence to the court or it may modify 3,332
its determination and file such modified determination, together 3,333
with the transcript of the additional record, with the court. 3,334
After an appeal has been filed in the court, the commission, by 3,335
petition, may be made a party to such appeal. Such appeal shall 3,336
be given precedence over other civil cases. The court may affirm 3,337
the determination or order complained of in the appeal if it 3,338
finds, upon consideration of the entire record, that the 3,339
determination or order is supported by reliable, probative, and 3,340
substantial evidence and is in accordance with law. In the 3,341
absence of such a finding, it may reverse, vacate, or modify the 3,342
determination or order or make such other ruling as is supported 3,343
by reliable, probative, and substantial evidence and is in 3,344
83
accordance with law. The judgment of the court shall be final 3,345
and conclusive unless reversed, vacated, or modified on appeal. 3,346
An appeal may be taken from the decision of the court of common 3,347
pleas of Franklin county. 3,348
(E) The appeal provisions of division (D) of this section 3,350
apply to all other determinations and orders of the administrator 3,351
affecting the liability of an employer to pay contributions or 3,352
the amount of such contributions, determinations respecting 3,353
application for refunds of contributions, determinations 3,354
respecting applications for classification of employment as 3,355
seasonal under section 4141.33 of the Revised Code, and 3,356
exceptions to charges of benefits to an employer's account as 3,357
provided in division (D) of section 4141.24 of the Revised Code. 3,358
(F) The validity of any general order or rule of the 3,360
administrator adopted pursuant to this chapter or of any final 3,361
order or action of the unemployment compensation review 3,362
commission respecting any such general order or rule may be 3,363
determined by the court of common pleas of Franklin county, and 3,364
such general order, rule, or action may be sustained or set aside 3,365
by the court on an appeal to it which may be taken by any person 3,366
affected by the order, rule, or action in the manner provided by 3,367
law. Such appeal to the court of common pleas of Franklin county 3,368
shall be filed within thirty days after the date such general 3,369
order, rule, or action was publicly released by the administrator 3,370
or the commission. Either party to such action may appeal from 3,371
the court of common pleas of Franklin county as in ordinary civil 3,372
cases.
(G) Notwithstanding any determination made in pursuance of 3,374
sections 4141.23 to 4141.26 of the Revised Code, no individual 3,375
who files a claim for benefits shall be denied the right to a 3,376
fair hearing as provided in section 4141.28 of the Revised Code, 3,377
or the right to have a claim determined on the merits of it. 3,378
(H)(1) Notwithstanding division (D) of this section, if 3,380
the administrator finds that an omission or error in bureau 3,381
84
records or employer reporting caused the administrator to issue 3,382
an erroneous determination or order affecting contribution rates, 3,383
the liability of an employer to pay contributions or the amount 3,384
of such contributions, determinations respecting applications for 3,385
refunds of contributions, determinations respecting applications 3,386
for classification of employment as seasonal under section 3,387
4141.33 of the Revised Code, or exceptions to charges of benefits 3,388
to an employer's account as provided in division (D) of section 3,389
4141.24 of the Revised Code, the administrator may issue a 3,390
corrected determination or order correcting the erroneous 3,391
determination or order, except as provided in division (H)(2) of 3,392
this section. 3,393
(2) The administrator may not issue a corrected 3,395
determination or order correcting an erroneous determination or 3,396
order if both of the following apply: 3,397
(a) The erroneous determination or order was caused solely 3,399
by an omission or error of the bureau; 3,400
(b) A correction of the erroneous determination or order 3,402
would adversely affect the employer or any of the employers that 3,403
were parties in interest to the erroneous determination or order. 3,404
A corrected determination or order issued under this 3,406
division takes precedence over and renders void the erroneous 3,407
determination or order and is appealable as provided in division 3,408
(D) of this section. 3,409
Sec. 4141.28. (A) Applications for determination of 3,418
benefit rights and claims for benefits shall be filed with a 3,419
deputy of the administrator of the bureau of employment services 3,420
designated for the purpose. Such applications and claims may 3,421
also be filed with an employee of another state or federal agency 3,422
CHARGED WITH THE DUTY OF ACCEPTING APPLICATIONS AND CLAIMS FOR 3,423
UNEMPLOYMENT BENEFITS or with an employee of the unemployment 3,424
insurance commission of Canada, charged with the duty of 3,425
accepting applications and claims for unemployment benefits. 3,426
When a former employee of a state agency, board, or 3,428
85
commission that has terminated its operations files an 3,429
application under this division, the former employee shall give 3,430
notice that the agency, board, or commission has terminated its 3,431
operations. All notices or information required to be sent under 3,432
this chapter to or furnished by the applicant's employer shall be 3,433
sent to or furnished by the director of administrative services. 3,434
(B)(1) When an unemployed individual files an application 3,436
for determination of benefit rights, the administrator shall 3,437
furnish the individual with the information specified in division 3,439
(A) of section 4141.321 of the Revised Code and with a pamphlet 3,440
giving instructions for the steps an applicant may take if the 3,441
applicant's claim for benefits is disallowed. The pamphlet shall 3,443
state the applicant's right of appeal, clearly describe the 3,444
different levels of appeal, and explain where and when each 3,445
appeal must be filed. In filing an application, the individual 3,446
shall, for the individual's most recent employment, furnish the 3,447
administrator with either:
(a) The information furnished by the employer as provided 3,449
for in division (B)(2) of this section; 3,450
(b) The name and address of the employer for whom the 3,452
individual performed services and the individual's written 3,453
statement of the reason for separation from the employer. 3,454
Where the claimant has furnished information in accordance 3,456
with division (B)(1)(b) of this section, the administrator shall 3,457
promptly send a notice in writing that such filing has been made 3,458
to the individual's most recent SEPARATING employer, which notice 3,459
shall request from the employer the reason for the individual's 3,460
unemployment. The notice shall inform such employer of the 3,462
employer's right, upon request, to be present at a fact-finding 3,464
interview conducted prior to the making of any determination 3,465
under that division. Upon receipt of any request, the claimant 3,466
and the employer making the request shall have at least three 3,467
days' prior notice of the time and place of the fact-finding 3,468
interview. In the conduct of the interview, the administrator is 3,469
86
not bound by rules of evidence or of procedure for the conduct of 3,470
hearings. The administrator ALSO may request from any base 3,471
period employer information necessary for the determination of 3,472
the applicant's CLAIMANT'S rights to benefits. Information as to 3,473
the reason for unemployment preceding an additional claim shall 3,475
be obtained in the same manner. Requests for such information 3,476
shall be stamped DATED by the administrator with the date on 3,477
which they are mailed. If the employer fails to mail or deliver 3,478
such information within ten working days from the date the 3,479
administrator mailed and date stamped DATED such request, and if 3,480
necessary to assure prompt payment of benefits when due, the 3,481
administrator shall make the determination, and shall base the 3,483
determination on such information as is available to the
administrator, which shall include the applicant's CLAIMANT'S 3,484
statement made under division (B)(1)(b) of this section. The 3,486
determination, as it relates to the claimant's determination of 3,487
benefit rights, shall be amended upon receipt of correct 3,488
remuneration information at any time within the benefit year and 3,489
any benefits paid and charged to an employer's account prior to 3,490
the receipt of such information shall be adjusted, effective as 3,491
of the beginning of the claimant's benefit year. 3,492
(2) An employer who separates within any seven-day period 3,494
fifty or more individuals because of lack of work, and these 3,495
individuals upon separation will be unemployed as defined in 3,496
division (R) of section 4141.01 of the Revised Code, shall 3,497
furnish notice to the administrator of the dates of separation 3,498
and the approximate number of individuals being separated. The 3,499
notice shall be furnished at least three working days prior to 3,500
the date of the first day of such separations. In addition, at 3,501
the time of separation the employer shall furnish to the 3,502
individual being separated or to the administrator separation 3,503
information necessary to determine the individual's eligibility, 3,504
on forms and in a manner approved by the administrator. 3,505
An employer who operates multiple business establishments 3,507
87
at which both the effective authority for hiring and separation 3,508
of employees and payroll information is located and who, because 3,509
of lack of work, separates a total of fifty or more individuals 3,510
at two or more business establishments is exempt from the first 3,511
paragraph of division (B)(2) of this section. This paragraph 3,512
shall not be construed to relieve an employer who operates 3,513
multiple business establishments from complying with division 3,514
(B)(2) of this section where the employer separates fifty or more 3,515
individuals at any business establishment within a seven-day 3,516
period. 3,517
An employer of individuals engaged in connection with the 3,519
commercial canning or commercial freezing of fruits and 3,520
vegetables is exempt from the provision of division (B)(2) of 3,521
this section that requires an employer to furnish notice of 3,522
separation at least three working days prior to the date of the 3,523
first day of such separations. 3,524
(3) Where an individual at the time of filing an 3,526
application for determination of benefit rights furnishes 3,527
separation information provided by the employer or where the 3,528
employer has provided the administrator with the information in 3,529
accordance with division (B)(2) of this section, the 3,530
administrator shall make a determination of eligibility on the 3,531
basis of the information furnished. The administrator shall 3,532
promptly notify all interested parties under division (D)(1) of 3,533
this section of the determination. 3,534
(4) Where an employer has furnished separation information 3,536
under division (B)(2) of this section which is insufficient to 3,537
enable the administrator to make a determination of a claim for 3,538
benefits of an individual, or where the individual fails at the 3,539
time of filing an application for determination of benefit rights 3,540
to produce the separation information furnished by an employer, 3,541
the administrator shall follow the provisions specified in 3,542
division (B)(1) of this section. 3,543
(C) The administrator or the administrator's deputy shall 3,545
88
promptly examine any application for determination of benefit 3,546
rights filed, and on the basis of any facts found by the 3,547
administrator or deputy shall determine whether or not the 3,548
application is valid, and if valid, the date on which the benefit 3,549
year shall commence and the weekly benefit amount. The claimant, 3,550
the most recent SEPARATING employer, and any other employer in 3,551
the claimant's base period shall promptly be notified of the 3,552
determination and the reasons therefor. In addition, the 3,553
determination issued to the claimant shall include the total 3,554
amount of benefits payable, and the determination issued to each 3,555
chargeable base period employer shall include the total amount of 3,556
benefits which may be charged to the employer's account. 3,557
(D)(1) The administrator or the administrator's deputy 3,559
shall examine the first claim for benefits filed in any benefit 3,560
year, and any additional claim, and on the basis of any facts 3,561
found by the administrator or deputy shall determine whether 3,562
division (D) of section 4141.29 of the Revised Code is applicable 3,563
to the claimant's most recent separation and, to the extent 3,564
necessary, prior separations from work, and whether the 3,565
separation reason is qualifying or disqualifying for the ensuing 3,566
period of unemployment. Notice of such determination shall be 3,567
mailed to the claimant, the claimant's most recent SEPARATING 3,568
employer, and any other employer involved in the determination. 3,569
(a) Whenever the administrator has reason to believe that 3,571
the unemployment of twenty-five or more individuals relates to a 3,572
labor dispute, the administrator shall, within five calendar days 3,573
after their claims are filed, SHALL schedule a hearing concerning 3,574
the reason for unemployment. Notice of the hearing shall be sent 3,575
to all interested parties, including the duly authorized 3,576
representative of the parties, as provided in division (D)(1) of 3,577
this section. The hearing date shall be scheduled so as to 3,578
provide at least ten days' prior notice of the time and date of 3,579
the hearing. A similar hearing, in such cases, may be scheduled 3,580
when there is a dispute as to the duration or ending date of the 3,581
89
labor dispute. 3,582
(b) The administrator shall appoint a hearing officer to 3,584
conduct the hearing of the case under division (D)(1)(a) of this 3,585
section. The hearing officer is not bound by common law or 3,586
statutory rules of evidence or by technical or formal rules of 3,587
procedure, but shall take any steps that are reasonable and 3,588
necessary to obtain the facts and determine whether the claimants 3,589
are entitled to benefits under the law. The failure of any 3,590
interested party to appear at the hearing shall not preclude a 3,591
decision based upon all the facts available to the hearing 3,592
officer. The proceeding at the hearing shall be recorded by 3,593
mechanical means or by other means prescribed by the 3,594
administrator. The record need not be transcribed unless an 3,595
application for appeal is filed on the decision and the 3,596
chairperson of the unemployment compensation review commission 3,598
requests a transcript of the hearing within fourteen days after 3,599
the application for appeal is received by the commission. The 3,600
administrator shall prescribe rules concerning the conduct of the 3,602
hearings and all related matters and appoint an attorney to 3,603
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 3,605
decisions and reasons therefor on the case within ten calendar 3,606
days after the hearing. The hearing officer's decision issued by 3,607
the administrator is final unless an application for appeal is 3,608
filed with the review commission within twenty-one days after the 3,610
decision was mailed to all interested parties. The administrator 3,611
may, within the twenty-one-day appeal period, MAY remove and 3,612
vacate the decision and issue a revised determination and appeal 3,614
date.
(d) Upon receipt of the application for appeal, the full 3,616
review commission shall review the administrator's decision and 3,618
either schedule a further hearing on the case or disallow the 3,619
application. The review commission shall review the 3,620
administrator's decision within fourteen days after receipt of 3,621
90
the decision or the receipt of a transcript requested under 3,622
division (D)(1)(b) of this section, whichever is later. 3,623
(i) When a further hearing is granted, the commission 3,625
shall make the administrator's decision and record of the case, 3,627
as certified by the administrator, a part of the record and shall 3,628
consider the administrator's decision and record in arriving at a 3,629
decision on the case. The commission's decision affirming, 3,631
modifying, or reversing the administrator's decision, following 3,632
the further appeal, shall be mailed to all interested parties 3,633
within fourteen days after the hearing. 3,634
(ii) A decision of the disallowance of a further appeal 3,636
shall be mailed to all interested parties within fourteen days 3,637
after the commission makes the decision to disallow. The 3,638
disallowance is deemed an affirmation of the administrator's 3,640
decision.
(iii) The time limits specified in divisions (D)(1)(a), 3,642
(b), (c), and (d) of this section may be extended by agreement of 3,643
all interested parties or for cause beyond the control of the 3,644
administrator or the commission. 3,645
(e) An appeal of the commission's decision issued under 3,647
division (D)(1)(d) of this section may be taken to the court of 3,648
common pleas as provided in division (O) of this section. 3,649
(f) A labor dispute decision involving fewer than 3,651
twenty-five individuals shall be determined under division (D)(1) 3,652
of this section and the review commission shall determine any 3,654
appeal from the decision pursuant to division (M) of this section 3,655
and within the time limits provided in division (D)(1)(d) of this 3,656
section. 3,657
(2) The administrator or the administrator's deputy shall 3,659
also examine each continued claim for benefits filed, and on the 3,661
basis of any facts found by the administrator or the 3,662
administrator's deputy shall determine whether such claim shall 3,663
be allowed. 3,664
(a) The determination of a first or additional claim, 3,666
91
including the reasons therefor, shall be mailed to the claimant, 3,667
the claimant's most recent SEPARATING employer, and any other 3,668
employer involved in the determination. 3,669
(b) When the determination of a continued claim results in 3,671
a disallowed claim, the administrator shall notify the claimant 3,672
of such disallowance and the reasons therefor. 3,673
(3) Where the claim for benefits is directly attributable 3,675
to unemployment caused by a major disaster, as declared by the 3,676
president of the United States pursuant to the "Disaster Relief 3,677
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 3,678
filing the claim would otherwise have been eligible for disaster 3,679
unemployment assistance under that act, then upon application by 3,680
the employer any benefits paid on the claim shall not be charged 3,681
to the account of the employer who would have been charged on 3,682
such claim but instead shall be charged to the mutualized account 3,683
described in section 4141.25 of the Revised Code, provided that 3,684
this division is not applicable to an employer electing 3,685
reimbursing status under section 4141.241 of the Revised Code, 3,686
except reimbursing employers for whom benefit charges are charged 3,687
to the mutualized account pursuant to division (C) of section 3,688
4141.33 of the Revised Code. 3,689
(4)(a) An individual filing a new claim for unemployment 3,691
compensation shall disclose, at the time of filing, whether or 3,692
not the individual owes child support obligations. In such a 3,693
case, the administrator shall notify the state or local child 3,694
support enforcement agency enforcing the obligation only if the 3,695
claimant has been determined to be eligible for unemployment 3,696
compensation. 3,697
(b) The administrator shall deduct and withhold from 3,699
unemployment compensation payable to an individual who owes child 3,700
support obligations: 3,701
(i) Any amount required to be deducted and withheld from 3,703
the unemployment compensation pursuant to legal process, as that 3,704
term is defined in section 462(e) of the "Social Security Act," 3,705
92
88 Stat. 2351, 42 U.S.C. 654, as amended, and properly served 3,706
upon the administrator, as described in division (D)(4)(c) of 3,707
this section; or 3,708
(ii) Where division (D)(4)(b)(i) of this section is 3,710
inapplicable, in the amount determined pursuant to an agreement 3,711
submitted to the administrator under section 454(20)(19)(B)(i) of 3,713
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as
amended, by the state or local child support enforcement agency; 3,714
or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 3,716
section is applicable, then in the amount specified by the 3,717
individual. 3,718
(c) The state department of human services ADMINISTRATOR 3,720
shall be designated to receive all legal process described in 3,721
division (D)(4)(b)(i) of this section from each local child 3,722
support enforcement agency, which legal process was received by 3,723
the agency under section 2301.371 of the Revised Code or 3,724
otherwise was received by the agency. The processing of cases 3,725
under part D of Title IV of the "Social Security Act," 88 Stat. 3,726
2351 (1975), 42 U.S.C.A. 651, as amended, shall be determined 3,727
pursuant to agreement between the administrator and the state 3,728
department of human services. The department shall pay, pursuant 3,729
to that agreement, all of the costs of the bureau of employment 3,730
services that are associated with a deduction and withholding 3,731
under division (D)(4)(b)(i) AND (ii) of this section. 3,732
(d) The amount of unemployment compensation subject to 3,734
being withheld pursuant to division (D)(4)(b) of this section is 3,735
that amount which remains payable to the individual after 3,736
application of any recoupment provisions for recovery of 3,737
overpayments and after deductions which have been made under this 3,738
chapter for deductible income received by the individual. 3,739
(e) Any amount deducted and withheld under division 3,741
(D)(4)(b) of this section shall be paid to the appropriate state 3,742
or local child support enforcement agency in the following 3,743
93
manner: 3,744
(i) The administrator shall determine the amounts that are 3,746
to be deducted and withheld on a per county basis. 3,747
(ii) For each county, the administrator shall forward to 3,749
the local child support enforcement agency of the county, at 3,750
intervals to be determined pursuant to the agreement referred to 3,751
in division (D)(4)(c) of this section, the amount determined for 3,752
that county under division (D)(4)(e)(i) of this section for 3,753
disbursement to the obligees or assignees of such support 3,754
obligations. 3,755
(f) Any amount deducted and withheld under division 3,757
(D)(4)(b) of this section shall for all purposes be treated as if 3,758
it were paid to the individual as unemployment compensation and 3,759
paid by the individual to the state or local child support agency 3,760
in satisfaction of the individual's child support obligations. 3,761
(g) Division (D)(4) of this section applies only if 3,763
appropriate arrangements have been made for reimbursement by the 3,764
state or local child support enforcement agency for the 3,765
administrative costs incurred by the administrator under this 3,766
section which are associated with or attributable to child 3,767
support obligations being enforced by the state or local child 3,768
support enforcement agency. 3,769
(h) As used in division (D)(4) of this section: 3,771
(i) "Child support obligations" means only obligations 3,773
which are being enforced pursuant to a plan described in section 3,774
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 3,775
as amended, which has been approved by the United States 3,776
secretary of health and human services under part D of Title IV 3,777
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,778
amended. 3,779
(ii) "State child support enforcement agency" means the 3,781
department of human services, bureau of child support, designated 3,782
as the single state agency for the administration of the program 3,783
of child support enforcement pursuant to part D of Title IV of 3,784
94
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,785
amended. 3,786
(iii) "Local child support enforcement agency" means the 3,788
child support enforcement agency designated pursuant to section 3,789
2301.35 of the Revised Code or any other agency of a political 3,790
subdivision of the state operating pursuant to a plan mentioned 3,791
in division (D)(4)(h)(i) of this section. 3,792
(iv) "Unemployment compensation" means any compensation 3,794
payable under this chapter including amounts payable by the 3,795
administrator pursuant to an agreement under any federal law 3,796
providing for compensation, assistance, or allowances with 3,797
respect to unemployment. 3,798
(E)(1) Any base period or subsequent employer of a 3,800
claimant who has knowledge of specific facts affecting such 3,801
claimant's right to receive benefits for any week may notify the 3,802
administrator in writing of such facts. The administrator shall 3,803
prescribe a form to be used for such eligibility notice, but 3,804
failure to use the prescribed form shall not preclude the 3,805
administrator's examination of any notice. 3,806
(2) An eligibility notice is timely filed if received by 3,808
the administrator or the administrator's deputy or postmarked 3,810
prior to or within forty-five calendar days after the end of the
week with respect to which a claim for benefits is filed by the 3,811
claimant. An employer who does not timely file an eligibility 3,813
notice shall not be an interested party with respect to the claim 3,814
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 3,816
consider the information contained in the eligibility notice, 3,817
together with other facts found by the administrator or the 3,818
administrator's deputy and, after giving notice to the notifying 3,819
employer, if the employer timely filed the eligibility notice, 3,820
and to the claimant, and other interested parties and informing 3,821
them of their right to be present at a predetermination 3,822
fact-finding interview, shall determine, unless a prior 3,823
95
determination on the same eligibility issue has become final, 3,824
whether such claim shall be allowed OR DISALLOWED, and shall mail 3,825
notice of such determination to the notifying employer who timely 3,827
filed the eligibility notice, to the claimant, and to other 3,828
interested parties. If the determination disallows benefits for 3,829
any week in question, the payment of benefits with respect to 3,830
that week shall be withheld pending further appeal, or an 3,831
overpayment order shall be issued by the administrator as 3,832
prescribed in section 4141.35 of the Revised Code, if applicable. 3,834
(F) In making determinations on applications for 3,836
determination of benefit rights and claims for benefits, the 3,837
administrator and the administrator's deputy shall follow 3,838
decisions of the unemployment compensation review commission 3,839
which have become final with respect to claimants similarly 3,840
situated.
(G)(1) Any UNTIL OCTOBER 1, 1998, ANY interested party 3,843
notified of a determination of an application for determination 3,844
of benefit rights or a claim for benefits may, within twenty-one 3,845
calendar days after the notice was mailed to the party's last 3,846
known post-office address, apply in writing for a reconsideration 3,847
of the administrator's or deputy's determination. 3,848
ON AND AFTER OCTOBER 1, 1998, ANY PARTY NOTIFIED OF A 3,851
DETERMINATION MAY APPEAL WITHIN TWENTY-ONE CALENDAR DAYS AFTER 3,852
NOTICE WAS MAILED TO THE PARTY'S LAST KNOWN POST-OFFICE ADDRESS 3,853
OR WITHIN AN EXTENDED PERIOD PURSUANT TO DIVISION (Q) OF THIS 3,855
SECTION. UPON RECEIPT OF THE APPEAL, THE ADMINISTRATOR EITHER 3,856
SHALL ISSUE A REDETERMINATION WITHIN TWENTY-ONE DAYS OF RECEIPT 3,857
OR TRANSFER THE APPEAL TO THE COMMISSION, WHICH SHALL ACQUIRE 3,858
JURISDICTION OVER THE APPEAL. IF THE ADMINISTRATOR ISSUES A 3,859
REDETERMINATION, THE REDETERMINATION SHALL VOID THE PRIOR 3,860
DETERMINATION. A REDETERMINATION UNDER THIS SECTION IS
APPEALABLE TO THE SAME EXTENT THAT A DETERMINATION IS APPEALABLE. 3,862
(2) Unless an application for reconsideration is filed 3,864
within the twenty-one-day period, or within an extended period 3,865
96
pursuant to division (R) of this section, such determination of 3,866
the administrator or deputy is final, except that upon discovery, 3,867
within the benefit year, of IF THE ADMINISTRATOR FINDS WITHIN THE 3,868
BENEFIT YEAR THAT THE DETERMINATION WAS ERRONEOUS DUE TO an error 3,869
in an employer's report other than a report to correct 3,871
remuneration information as provided in division (B) of this 3,872
section or any typographical or clerical error in the 3,873
administrator's determination or a decision on reconsideration, 3,874
the administrator or the administrator's deputy shall issue a 3,875
corrected determination or decision to all interested parties, 3,876
which determination or decision shall take precedence over and 3,877
void the prior determination or decision of the administrator or 3,878
the administrator's deputy, provided no appeal has been filed 3,880
with the commission. If a request for reconsideration is filed 3,882
within the twenty-one-day period, the administrator shall
promptly consider such request and, after giving notice to the 3,883
interested parties and informing them of their right to be 3,884
present at a predetermination fact-finding interview, conducted 3,885
as described in division (B) of this section, shall issue the 3,886
decision to the interested parties; except that, if in the 3,887
administrator's judgment the issues are such as to require a 3,888
hearing, the administrator may refer any request for 3,889
reconsideration to the commission as an appeal. 3,890
(3) If benefits are allowed by the administrator in the 3,892
initial A determination or the decision on reconsideration, or in 3,893
a decision by a referee HEARING OFFICER, the review commission, 3,894
or a court, the benefits shall be paid promptly, notwithstanding 3,895
any further appeal, provided that if benefits are denied upon 3,896
reconsideration or ON appeal, of which the parties have notice 3,897
and an opportunity to be heard, the payment of benefits shall be 3,899
withheld pending a decision on any further appeal. 3,900
(4) Any benefits paid to a claimant under this section 3,902
prior to a final determination of the claimant's right to the 3,903
benefits shall be charged to the employer's account as provided 3,905
97
in division (D) of section 4141.24 of the Revised Code, provided 3,906
that if there is no final determination of the claim by the 3,907
subsequent thirtieth day of June, the employer's account will be 3,908
credited with the total amount of benefits which has been paid 3,909
prior to that date, based on the determination which has not 3,910
become final. The total amount credited to the employer's 3,911
account shall be charged to a suspense account which shall be 3,912
maintained as a separate bookkeeping account and administered as 3,913
a part of section 4141.24 of the Revised Code, and shall not be 3,914
used in determining the account balance of the employer for the 3,915
purpose of computing the employer's contribution rate under 3,916
section 4141.25 of the Revised Code. If it is finally determined 3,917
that the claimant is entitled to all or a part of the benefits in 3,918
dispute, the suspense account shall be credited and the 3,919
appropriate employer's account charged with the benefits. If it 3,920
is finally determined that the claimant is not entitled to all or 3,921
any portion of the benefits in dispute, the benefits shall be 3,922
credited to the suspense account and a corresponding charge made 3,923
to the mutualized account established in division (D) of section 3,924
4141.25 of the Revised Code, provided that, except as otherwise 3,925
provided in this division, if benefits are chargeable to an 3,926
employer or group of employers who is required or elects to make 3,927
payments to the fund in lieu of contributions under section 3,928
4141.241 of the Revised Code, the benefits shall be charged to 3,929
the employer's account in the manner provided in division (D) of 3,930
section 4141.24 and division (B) of section 4141.241 of the 3,931
Revised Code, and no part of the benefits may be charged to the 3,932
suspense account provided in this division. To the extent that 3,933
benefits which have been paid to a claimant and charged to the 3,934
employer's account are found not to be due the claimant and are 3,935
recovered by the administrator as provided in section 4141.35 of 3,936
the Revised Code, they shall be credited to the employer's 3,937
account.
(H) Any UNTIL OCTOBER 1, 1998, ANY interested party may 3,940
98
appeal the administrator's decision on reconsideration to the 3,941
commission and unless an appeal is filed from such decision on 3,943
reconsideration with the commission within twenty-one calendar 3,945
days after such decision was mailed to the last known post-office 3,946
address of the appellant, or within an extended period pursuant 3,947
to division (R)(Q) of this section, such decision on 3,948
reconsideration is final and benefits shall be paid or denied in 3,949
accordance therewith. THE DATE OF THE MAILING PROVIDED BY THE
ADMINISTRATOR ON DETERMINATION OR DECISION ON RECONSIDERATION IS 3,951
SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE THAT THE DETERMINATION 3,952
OR DECISION ON RECONSIDERATION WAS MAILED ON THAT DATE. 3,953
ON AND AFTER OCTOBER 1, 1998, THE DATE OF THE MAILING 3,956
PROVIDED BY THE ADMINISTRATOR ON THE DETERMINATION OR 3,957
REDETERMINATION IS SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE 3,958
THAT THE DETERMINATION OR REDETERMINATION WAS MAILED ON THAT
DATE. 3,959
(I) Requests for reconsideration, appeals, or applications 3,961
for further appeals APPEALS may be filed with the ADMINISTRATOR, 3,963
commission, with the administrator or one of the administrator's 3,964
deputies, with an employee of another state or federal agency 3,966
CHARGED WITH THE DUTY OF ACCEPTING CLAIMS, or with an employee of 3,967
the unemployment insurance commission of Canada charged with the 3,968
duty of accepting claims. 3,969
(1) Any timely written notice stating that the interested 3,971
party desires a review of the previous determination or decision 3,972
and the reasons therefor, TO APPEAL shall be accepted. 3,973
(2) The administrator, commission, or authorized agent 3,975
must receive the request, appeal, or application within the 3,976
specified appeal period in order for the request, appeal, or 3,977
application to be deemed timely filed, except that: 3,978
(a) If the United States postal service is used as the 3,980
means of delivery, the enclosing envelope must have a postmark 3,981
date, as governed by United States postal regulations, that is on 3,982
or before the last day of the specified appeal period; and 3,983
99
(b) Where the postmark date is illegible or missing, the 3,985
request, appeal, or application is timely filed if received no 3,986
later than the end of the third calendar day following the last 3,987
day of the specified appeal period. 3,988
(3) THE ADMINISTRATOR MAY ADOPT RULES PERTAINING TO 3,990
ALTERNATE METHODS OF FILING APPEALS. 3,991
(J) When an appeal from a decision on reconsideration 3,993
DETERMINATION of the administrator or deputy is taken TO THE 3,995
COMMISSION, all interested parties shall be notified and the 3,997
commission or a referee shall, after affording such parties 3,999
reasonable opportunity for a fair hearing, SHALL affirm, modify, 4,000
or reverse the findings of fact and the decision DETERMINATION of 4,002
the administrator or deputy in the manner which THAT appears just 4,003
and proper. HOWEVER, THE COMMISSION MAY REFER A CASE TO THE
ADMINISTRATOR FOR A REDETERMINATION IF THE COMMISSION DECIDES 4,004
THAT THE CASE DOES NOT REQUIRE A HEARING. In the conduct of such 4,005
A hearing BY A HEARING OFFICER or any other hearing on appeal to 4,008
the commission which is provided in this section, the commission 4,010
and the referees HEARING OFFICERS are not bound by common law or 4,011
statutory rules of evidence or by technical or formal rules of 4,012
procedure. The commission and the referees HEARING OFFICERS 4,013
shall take any steps in the hearings, consistent with the 4,016
impartial discharge of their duties, which appear reasonable and 4,017
necessary to ascertain the facts and determine whether the 4,018
claimant is entitled to benefits under the law. For the purpose 4,019
of any hearing on appeal which is provided in this section, the 4,020
file of the administrator pertaining to the case shall be 4,021
certified by the administrator and shall automatically become a 4,022
part of the record in the appeal hearing. All information in the 4,023
file which pertains to the claim, including statements made to 4,024
the administrator or the administrator's deputy by the individual 4,026
claiming benefits or other interested parties, shall be 4,027
considered by the commission and the referees in arriving at a 4,029
decision, together with any other information which is produced
100
at the hearing. The HEARINGS SHALL BE DE NOVO, EXCEPT THAT THE 4,030
ADMINISTRATOR'S FILE PERTAINING TO A CASE SHALL BE INCLUDED IN 4,031
THE RECORD TO BE CONSIDERED. 4,032
THE commission and referees HEARING OFFICERS may conduct 4,034
any such hearing in person or by telephone. The commission shall 4,036
adopt rules which designate the circumstances under which the 4,038
commission or referees HEARING OFFICERS may conduct a hearing by 4,040
telephone, grant a party to the hearing the opportunity to object 4,042
to a hearing by telephone, and govern the conduct of hearings by 4,043
telephone. An interested party whose hearing would be by 4,044
telephone pursuant to the commission rules may elect to have an 4,046
in-person hearing, provided that the party electing the in-person 4,047
hearing agrees to have the hearing at the time and place the 4,048
commission determines pursuant to rule.
(1) The failure of the claimant or other interested party 4,050
to appear at a hearing, unless the claimant or interested party 4,051
is the appealing party, shall not preclude a decision in the 4,053
claimant's or interested party's favor, if on the basis of all 4,054
the information in the record, including that contained in the 4,055
file of the administrator, the claimant or interested party is 4,056
entitled to the decision. 4,057
(2) If the party appealing fails to appear at the hearing, 4,059
the referee HEARING OFFICER or the commission shall dismiss the 4,060
appeal, provided that the referee HEARING OFFICER or commission 4,063
shall vacate the dismissal upon a showing that due notice of the 4,066
hearing was not mailed to such party's last known address or good 4,067
cause for the failure to appear is shown to the referee HEARING 4,068
OFFICER or the commission within fourteen days after the hearing 4,071
date. No further appeal from the decision may thereafter be 4,072
instituted by such party. If the other party fails to appear at 4,073
the hearing, the referee HEARING OFFICER or the commission shall 4,074
proceed with the hearing and shall issue a decision without 4,076
further hearing, provided that the referee or BASED ON THE 4,077
EVIDENCE OF RECORD, INCLUDING THE ADMINISTRATOR'S FILE. THE 4,078
101
commission shall vacate the decision upon a showing that due 4,080
notice of the hearing was not mailed to such party's last known 4,081
address or good cause for such party's failure to appear is shown 4,082
to the referee HEARING OFFICER or the commission within fourteen 4,083
days after the hearing date. 4,084
(3) Where a party requests that a hearing be scheduled in 4,086
the evening because the party is employed during the day, the 4,087
commission or referee HEARING OFFICER shall schedule the hearing 4,089
during such hours as the party is not employed. 4,091
(4) THE INTERESTED PARTIES MAY WAIVE, IN WRITING, THE 4,094
HEARING. IF THE PARTIES WAIVE THE HEARING, THE HEARING OFFICER 4,095
OR COMMISSION SHALL ISSUE A DECISION BASED ON THE EVIDENCE OF 4,096
RECORD, INCLUDING THE ADMINISTRATOR'S FILE. 4,097
(K) The proceedings at the hearing before the referee, or 4,099
the commission HEARING OFFICER, shall be recorded by mechanical 4,100
means or otherwise as may be prescribed by the commission. 4,103
Unless the claim is further appealed, such IN THE ABSENCE OF 4,105
FURTHER PROCEEDINGS, THE record of proceedings THAT IS MADE need 4,106
not be transcribed.
(L) All interested parties shall be notified of the 4,108
referee's HEARING OFFICER'S decision, which shall include the 4,109
reasons therefor. The referee's HEARING OFFICER'S decision shall 4,111
become final unless, within twenty-one days after the decision 4,112
was mailed to the last known post-office address of such parties, 4,113
or within an extended period pursuant to division (R)(Q) of this 4,114
section, the commission on its own motion removes or transfers 4,116
such claim to itself or an application to institute a further 4,117
appeal A REQUEST FOR REVIEW before the commission is filed by any 4,120
interested party and such appeal REQUEST FOR REVIEW is allowed by 4,121
the commission. 4,122
(M) When any claim is removed or transferred to the 4,124
commission on its own motion, or when an application to institute 4,126
a further appeal is allowed by the commission, the commission 4,128
shall review the decision of the referee and shall either affirm, 4,129
102
modify, or reverse such decision. Before rendering its decision, 4,130
the commission may remand the case to the referee for further 4,132
proceedings. When the commission disallows an application to 4,133
institute a further appeal, or renders its decision affirming, 4,135
modifying, or reversing the decision of the referee, all 4,136
interested parties shall be notified of such decision or order by 4,137
mail addressed to the last known post-office address of such 4,138
parties. A disallowance by the commission of an application for 4,140
further appeal shall be deemed an affirmation by the commission 4,141
of the referee's decision under appeal (1) THE REVIEW 4,142
COMMISSION, OR A HEARING OFFICER DESIGNATED BY THE COMMISSION, 4,143
SHALL CONSIDER AN APPEAL AT THE REVIEW LEVEL UNDER THE FOLLOWING 4,144
CIRCUMSTANCES:
(a) WHEN AN APPEAL IS REQUIRED TO BE HEARD INITIALLY BY 4,147
THE COMMISSION PURSUANT TO THIS CHAPTER; 4,148
(b) WHEN THE COMMISSION ON ITS OWN MOTION REMOVES AN 4,151
APPEAL WITHIN TWENTY-ONE DAYS AFTER A HEARING OFFICER ISSUES THE 4,152
HEARING OFFICER'S DECISION IN THE CASE; 4,153
(c) WHEN A HEARING OFFICER REFERS AN APPEAL TO THE 4,156
COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE HEARING OFFICER 4,157
ISSUES THE HEARING OFFICER'S DECISION IN THE CASE; 4,158
(d) WHEN AN INTERESTED PARTY FILES A REQUEST FOR REVIEW 4,161
WITH THE COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE DATE A 4,162
HEARING OFFICER ISSUES THE HEARING OFFICER'S DECISION IN THE 4,163
CASE. THE COMMISSION SHALL DISALLOW THE REQUEST FOR REVIEW IF IT 4,164
IS NOT TIMELY FILED.
THE COMMISSION MAY REMOVE, AND A HEARING OFFICER MAY REFER, 4,167
APPEALS INVOLVING DECISIONS OF POTENTIALLY PRECEDENTIAL VALUE. 4,168
(2) IF A REQUEST FOR REVIEW IS TIMELY FILED, THE 4,170
COMMISSION SHALL DECIDE WHETHER TO ALLOW OR DISALLOW THE REQUEST 4,172
FOR REVIEW.
IF THE REQUEST FOR REVIEW IS DISALLOWED, THE COMMISSION 4,174
SHALL NOTIFY ALL INTERESTED PARTIES OF THAT FACT. THE 4,175
DISALLOWANCE OF A REQUEST FOR REVIEW CONSTITUTES A FINAL DECISION 4,177
103
BY THE COMMISSION FOR PURPOSES OF APPEAL TO COURT. IF THE 4,178
REQUEST FOR REVIEW IS ALLOWED, THE COMMISSION SHALL NOTIFY ALL 4,179
INTERESTED PARTIES OF THAT FACT, AND THE COMMISSION SHALL PROVIDE 4,180
A REASONABLE PERIOD OF TIME, AS THE COMMISSION DEFINES BY RULE, 4,181
IN WHICH INTERESTED PARTIES MAY FILE A RESPONSE. AFTER THAT
PERIOD OF TIME, THE COMMISSION, BASED ON THE RECORD BEFORE IT, 4,182
SHALL DO ONE OF THE FOLLOWING AT THE REVIEW LEVEL: 4,183
(a) AFFIRM THE DECISION OF THE HEARING OFFICER; 4,186
(b) ORDER THAT THE CASE BE HEARD OR REHEARD BY A HEARING 4,189
OFFICER OR BY THE COMMISSION;
(c) ORDER THAT THE CASE BE HEARD OR REHEARD BY THE 4,192
COMMISSION AS A POTENTIAL PRECEDENTIAL DECISION; 4,193
(d) ORDER THAT THE DECISION BE REWRITTEN BY THE 4,196
COMMISSION.
(3) THE COMMISSION SHALL SEND NOTICE TO ALL INTERESTED 4,198
PARTIES WHEN IT ORDERS A CASE TO BE HEARD OR REHEARD. THE NOTICE 4,200
SHALL INCLUDE THE REASONS FOR THE HEARING OR REHEARING. IF THE 4,201
COMMISSION IDENTIFIES AN APPEAL AS A POTENTIALLY PRECEDENTIAL 4,202
CASE, THE COMMISSION SHALL NOTIFY THE ADMINISTRATOR AND OTHER 4,203
INTERESTED PARTIES OF THE SPECIAL NATURE OF THE HEARING. 4,204
(4) AS USED IN THIS DIVISION, "REVIEW LEVEL" REFERS ONLY 4,206
TO EITHER OF THE FOLLOWING: 4,207
(a) AN APPEAL BEING CONSIDERED, AND AN ACTION BEING TAKEN, 4,209
BY THE THREE-MEMBER COMMISSION PURSUANT TO DIVISIONS (M)(1) AND 4,210
(2) OF THIS SECTION; 4,211
(b) AN APPEAL BEING CONSIDERED PURSUANT TO DIVISION (M)(1) 4,214
OF THIS SECTION BY A HEARING OFFICER DESIGNATED BY THE
THREE-MEMBER COMMISSION TO CONSIDER THAT APPEAL. "REVIEW LEVEL" 4,215
DOES NOT INCLUDE ANY OTHER ACTION TAKEN BY A HEARING OFFICER 4,216
PURSUANT TO THIS CHAPTER.
(N) Whenever the administrator and the chairperson of the 4,218
review commission determine in writing and certify jointly that a 4,220
controversy exists with respect to the proper application of this 4,221
chapter to more than five hundred claimants similarly situated 4,222
104
whose claims are pending before the administrator or the review 4,224
commission or both on reconsideration REDETERMINATION or appeal 4,225
applied for or filed by three or more employers or by such 4,227
claimants, the chairperson of the review commission shall select 4,229
one such claim which is representative of all such claims and 4,231
assign it for a fair hearing and decision. Any other claimant or 4,232
employer in the group who makes a timely request to participate 4,233
in the hearing and decision shall be given a reasonable 4,234
opportunity to participate as a party to the proceeding. 4,235
Such joint certification by the administrator and the 4,237
chairperson of the commission shall constitute a stay of further 4,239
proceedings in the claims of all claimants similarly situated 4,240
until the issue or issues in controversy are adjudicated by the 4,241
supreme court of Ohio. At the time the decision of the 4,242
commission is issued, the chairperson shall certify the 4,244
commission's decision directly to the supreme court of Ohio and 4,247
the chairperson shall file with the clerk of the supreme court a 4,249
certified copy of the transcript of the proceedings before the 4,250
commission pertaining to such decision. Hearings on such issues 4,252
shall take precedence over all other civil cases. If upon 4,253
hearing and consideration of such record the court decides that 4,254
the decision of the commission is unlawful, the court shall 4,256
reverse and vacate the decision or modify it and enter final 4,257
judgment in accordance with such modification; otherwise such 4,258
court shall affirm such decision. The notice of the decision of 4,259
the commission to the interested parties shall contain a 4,261
certification by the chairperson of the commission that the 4,262
decision is of great public interest and that a certified 4,264
transcript of the record of the proceedings before the commission 4,265
has been filed with the clerk of the supreme court as an appeal 4,267
to the court. Promptly upon the final judgment of the court, the 4,268
administrator and the commission shall decide those claims 4,269
pending before them where the facts are similar and shall notify 4,271
all interested parties of such decision and the reason therefor 4,272
105
in the manner provided for in this section. Nothing in this 4,273
division shall be construed so as to deny the right of any such 4,274
claimant, whose claim is pending before the administrator on 4,275
reconsideration REDETERMINATION or before the commission, to 4,278
apply for and be granted an opportunity for a fair hearing to
show that the facts in the claimant's case are different from the 4,280
facts in the claim selected as the representative claim as
provided in this division, nor shall any such claimant be denied 4,281
the right to appeal the decision of the administrator or the 4,282
commission which is made as a result of the decision of the court 4,284
in the representative case.
(O)(1) Any interested party as defined in division (I) of 4,286
section 4141.01 of the Revised Code, within thirty days after 4,287
notice of the decision of the commission was mailed to the last 4,289
known post-office address of all interested parties, may appeal 4,290
from the decision of the commission to the court of common pleas 4,292
of the county where the appellant, if an employee, is resident or 4,293
was last employed or of the county where the appellant, if an 4,294
employer, is resident or has the principal place of business in 4,295
this state. The commission shall provide on its decision the 4,297
names and addresses of all interested parties. Such appeal shall 4,298
be taken within such thirty days by the appellant by filing a 4,299
notice of appeal with the clerk of the court of common pleas. 4,300
Such filing shall be the only act required to perfect the appeal 4,301
and vest jurisdiction in the court. Failure of an appellant to 4,302
take any step other than timely filing of a notice of appeal does 4,303
not affect the validity of the appeal, but is grounds only for 4,304
such action as the court deems appropriate, which may include 4,305
dismissal of the appeal. Such notice of appeal shall set forth 4,306
the decision appealed from. The appellant shall mail a copy of 4,307
the notice of appeal to the commission and to all interested 4,309
parties by certified mail to their last known post-office address 4,310
and proof of the mailing of the notice shall be filed with the 4,311
clerk within thirty days of filing the notice of appeal. All 4,312
106
interested parties shall be made appellees. The commission upon 4,314
receipt of the notice of appeal shall within thirty days file 4,315
with the clerk a certified transcript of the record of the 4,316
proceedings before the commission pertaining to the decision 4,318
complained of, and mail a copy of the transcript to the 4,319
appellant's attorney or to the appellant, if not represented by 4,320
counsel. The appellant shall file a statement of the assignments 4,321
of error presented for review within sixty days of the filing of 4,322
the notice of appeal with the court. The appeal shall be heard 4,323
upon such record certified by the commission. After an appeal 4,325
has been filed in the court, the commission may, by petition, be 4,327
made a party to such appeal. If the court finds that the 4,328
decision was unlawful, unreasonable, or against the manifest 4,329
weight of the evidence, it shall reverse and vacate such decision 4,330
or it may modify such decision and enter final judgment in 4,331
accordance with such modification; otherwise such court shall 4,332
affirm such decision. Any interested party shall have the right 4,333
to appeal from the decision of the court as in civil cases. 4,334
(2) If an appeal is filed after the thirty-day appeal 4,336
period established in division (O)(1) of this section, the court 4,337
of common pleas shall conduct a hearing to determine whether the 4,338
appeal was timely filed pursuant to division (R)(Q) of this 4,339
section. At the hearing, additional evidence may be introduced 4,341
and oral arguments may be presented regarding the timeliness of 4,342
the filing of the appeal. If the court of common pleas 4,343
determines that the time for filing the appeal is extended as 4,344
provided in division (R)(Q) of this section and that the appeal 4,345
was filed within the extended time provided in that division, the 4,347
court shall thereafter make its decision on the merits of the 4,348
appeal. If the court of common pleas determines that the time 4,349
for filing the appeal may not be extended as provided in division 4,350
(R)(Q) of this section, the court shall dismiss the appeal 4,352
accordingly. The determination on timeliness by the court of 4,353
common pleas may be appealed to the court of appeals as in civil 4,354
107
cases, and such appeal shall be consolidated with any appeal from 4,355
the decision by the court of common pleas on the merits of the 4,356
appeal.
(P) Any application for reconsideration, any appeal from a 4,358
decision on reconsideration of the determination OR 4,359
REDETERMINATION of the administrator, application to institute a 4,361
further appeal, and any notice of intention to appeal the OR A 4,362
decision or order of the commission to a court of common pleas 4,364
may be executed in behalf of any party or any group of claimants 4,365
by an agent.
(Q)(1) The administrator, the administrator's deputy, the 4,367
referee, the review commission, or the court that has the 4,368
authority or jurisdiction pursuant to this section to hear an 4,370
application for reconsideration or an appeal that is timely filed 4,371
shall render a decision on the application for reconsideration or 4,372
the appeal and upon any further application for reconsideration 4,373
or appeal that is timely filed, whether or not the claimant meets 4,374
the able to work, available for suitable work, or the actively 4,375
seeking work requirements of division (A)(4)(a) of section 4,376
4141.29 of the Revised Code, if all of the following apply: 4,377
(a) The claimant's claim for benefits is allowed or denied 4,379
upon initial determination by the administrator or the 4,380
administrator's deputy or upon reconsideration, review, or appeal 4,382
by a decision of the administrator, the administrator's deputy, a 4,383
referee, the review commission, or a court. 4,384
(b) After the claim is allowed or disallowed, the claimant 4,386
is subjected to criminally injurious conduct, as defined in 4,387
section 2743.51 of the Revised Code. 4,388
(c) Pursuant to this section, any interested party timely 4,390
applies for reconsideration, or timely files an appeal, of the 4,391
determination or decision. 4,392
(d) The claimant files an application for an award of 4,394
reparations pursuant to sections 2743.51 to 2743.72 of the 4,395
Revised Code, for the loss of unemployment benefits. 4,396
108
(2) Any decision that is rendered pursuant to division 4,398
(Q)(1) of this section when a claimant fails to meet the able to 4,399
work, available for suitable work, or the actively seeking work 4,400
requirements of division (A)(4)(a) of section 4141.29 of the 4,401
Revised Code shall apply only for the purposes of any claim for 4,402
an award of reparations filed pursuant to sections 2743.51 to 4,403
2743.72 of the Revised Code and shall not enable a claimant who 4,404
does not meet the able to work, available for suitable work, or 4,405
the actively seeking work requirements of division (A)(4)(a) of 4,406
section 4141.29 of the Revised Code to obtain any benefits 4,407
pursuant to this chapter. 4,408
(R) The time for filing a request for reconsideration, an 4,410
appeal, an application to institute further appeal A REQUEST FOR 4,411
REVIEW, or a court appeal, under division (G), (H), (L), or (O) 4,413
of this section shall be extended as follows: 4,414
(1) When the last day of an appeal period is a Saturday, 4,416
Sunday, or legal holiday, the appeal period is extended to the 4,417
next work day after the Saturday, Sunday, or legal holiday; or 4,418
(2) When an interested party provides certified medical 4,420
evidence stating that the interested party's physical condition 4,421
or mental capacity prevented the interested party from filing a 4,422
request for reconsideration, an appeal, or an application to 4,423
institute further appeal REQUEST FOR REVIEW pursuant to division 4,424
(G), (H), or (L) of this section within the appropriate 4,426
twenty-one-day period, the appeal period is extended to 4,427
twenty-one days after the end of the physical or mental condition 4,428
and the request, appeal, or application REQUEST FOR REVIEW is 4,429
considered timely filed if filed within that extended period; 4,431
(3) When an interested party provides evidence, which 4,433
evidence may consist of testimony from the interested party, that 4,434
is sufficient to establish that the party did not actually 4,435
receive the determination or decision within the applicable 4,437
appeal period pursuant to division (G), (H), or (L) of this 4,438
section, and the administrator or the commission finds that the 4,439
109
interested party did not actually receive the determination or 4,441
decision within the applicable appeal period, then the appeal 4,442
period is extended to twenty-one days after the interested party 4,443
actually receives the determination or decision. 4,444
(4) When an interested party provides evidence, which 4,446
evidence may consist of testimony from the interested party, that 4,447
is sufficient to establish that the party did not actually 4,448
receive a decision within the thirty-day appeal period provided 4,449
in division (O)(1) of this section, and a court of common pleas 4,450
finds that the interested party did not actually receive the 4,451
decision within that thirty-day appeal period, then the appeal 4,452
period is extended to thirty days after the interested party 4,453
actually receives the decision. 4,454
(S)(R) No finding of fact or law, decision, or order of 4,456
the administrator, referee HEARING OFFICER, or the review 4,457
commission, or a reviewing court pursuant to this section, shall 4,460
be given collateral estoppel or res judicata effect in any 4,461
separate or subsequent judicial, administrative, or arbitration 4,462
proceeding, other than a proceeding arising under this chapter. 4,463
Sec. 4141.29. Each eligible individual shall receive 4,471
benefits as compensation for loss of remuneration due to 4,472
involuntary total or partial unemployment in the amounts and 4,473
subject to the conditions stipulated in this chapter. 4,474
(A) No individual is entitled to a waiting period or 4,476
benefits for any week unless he THE INDIVIDUAL: 4,477
(1) Has filed a valid application for determination of 4,479
benefit rights in accordance with section 4141.28 of the Revised 4,480
Code; 4,481
(2) Has made a claim for benefits in accordance with 4,483
section 4141.28 of the Revised Code; 4,484
(3) Has registered at an employment office or other 4,486
registration place maintained or designated by the administrator 4,487
of the bureau of employment services. Registration shall be made 4,488
in person or in writing in accordance with the time limits, 4,489
110
frequency, and manner prescribed by the administrator. 4,490
(4)(a) Is able to work and available for suitable work and 4,492
is actively seeking suitable work either in a locality in which 4,493
he THE INDIVIDUAL has earned wages subject to this chapter during 4,495
his THE INDIVIDUAL'S base period, or if he THE INDIVIDUAL leaves 4,496
such THAT locality, then in a locality where suitable work is 4,498
normally IS performed.
The administrator may waive the requirement that a claimant 4,500
be actively seeking work when he THE ADMINISTRATOR finds that an 4,501
individual has been laid off and the employer who laid him THE 4,503
INDIVIDUAL off has notified the administrator within ten days 4,505
after the layoff, that work is expected to be available for the 4,506
individual within a specified number of days not to exceed 4,507
forty-five calendar days following the last day the individual 4,508
worked. In the event the individual is not recalled within the 4,509
specified period, such THIS waiver shall cease to be operative 4,511
with respect to such THAT layoff.
(b) The individual shall be instructed as to the efforts 4,513
that he THE INDIVIDUAL must make in his THE search for suitable 4,515
work, except where the active search for work requirement has 4,516
been waived under division (A)(4)(a) of this section, and shall 4,517
keep a record of where and when he THE INDIVIDUAL has sought work 4,518
in complying with such THOSE instructions and shall, upon 4,520
request, SHALL produce such THAT record for examination by the 4,522
administrator.
(c) An individual who is attending a training course 4,524
approved by the administrator meets the requirement of this 4,525
division, if such attendance was recommended by the administrator 4,526
and the individual is regularly attending the course and is 4,527
making satisfactory progress. An individual also meets the 4,528
requirements of this division if he THE INDIVIDUAL is 4,529
participating and advancing in a training program, as defined in 4,531
division (P) of section 5709.61 of the Revised Code, and if an 4,532
enterprise, defined in division (B) of section 5709.61 of the 4,533
111
Revised Code, is paying all or part of the cost of the 4,534
individual's participation in the training program with the 4,535
intention of hiring the individual for employment as a new 4,536
employee, as defined in division (L) of section 5709.61 of the 4,537
Revised Code, for at least ninety days after the individual's 4,538
completion of the training program. 4,539
(d) An individual who becomes unemployed while attending a 4,541
regularly established school and whose base period qualifying 4,542
weeks were earned in whole or in part while attending such THAT 4,543
school, meets the availability and active search for work 4,544
requirements of division (A)(4)(a) of this section if he THE 4,545
INDIVIDUAL REGULARLY ATTENDS THE SCHOOL DURING WEEKS WITH RESPECT 4,546
TO WHICH THE INDIVIDUAL CLAIMS UNEMPLOYMENT BENEFITS AND makes 4,547
himself SELF available on any shift of hours for suitable 4,548
employment with his THE INDIVIDUAL'S most recent employer or any 4,550
other employer in his THE INDIVIDUAL'S base period, or for any 4,552
other suitable employment to which he THE INDIVIDUAL is directed, 4,554
under this chapter.
(e) The administrator shall adopt such ANY rules as he 4,556
THAT THE ADMINISTRATOR deems necessary for the administration of 4,558
division (A)(4) of this section. 4,559
(f) Notwithstanding any other provisions of this section, 4,561
no otherwise eligible individual shall be denied benefits for any 4,562
week because he or she THE INDIVIDUAL is in training approved 4,563
under section 236(a)(1) of the "Trade Act of 1974," 88 Stat. 4,565
1978, 19 U.S.C.A. 2296, nor shall such THAT individual be denied 4,566
benefits by reason of leaving work to enter such training, 4,568
provided the work left is not suitable employment, or because of 4,569
the application to any week in training of provisions in this 4,570
chapter, or any applicable federal unemployment compensation law, 4,571
relating to availability for work, active search for work, or 4,572
refusal to accept work.
For the purposes of division (A)(4)(f) of this section, 4,574
"suitable employment" means with respect to an individual, work 4,575
112
of a substantially equal or higher skill level than the 4,576
individual's past adversely affected employment, as defined for 4,577
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 4,578
U.S.C.A. 2101, and wages for such work at not less than eighty 4,579
per cent of the individual's average weekly wage as determined 4,580
for the purposes of that federal act. 4,581
(5) Is unable to obtain suitable work. 4,583
(6) Participates in reemployment services, such as job 4,585
search assistance services, if the individual has been determined 4,586
to be likely to exhaust benefits under this chapter, including 4,587
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 4,588
than extended compensation, and needs reemployment services 4,589
pursuant to the profiling system established by the administrator 4,590
under division (K) of this section, unless the administrator 4,591
determines that: 4,592
(a) The individual has completed such services; or 4,594
(b) There is justifiable cause for the claimant's failure 4,596
to participate in such services. 4,597
(B) An individual suffering total or partial unemployment 4,599
is eligible for benefits for unemployment occurring subsequent to 4,600
a waiting period of one week and no benefits shall be payable 4,601
during this required waiting period, but no more than one week of 4,602
waiting period shall be required of any such individual in any 4,603
benefit year in order to establish his THE INDIVIDUAL'S 4,604
eligibility for total or partial unemployment benefits. 4,606
(C) The waiting period for total or partial unemployment 4,608
shall commence on the first day of the first week with respect to 4,609
which the individual first files a claim for benefits at an 4,610
employment office or other place of registration maintained or 4,611
designated by the administrator or on the first day of the first 4,612
week with respect to which he THE INDIVIDUAL has otherwise filed 4,613
a claim for benefits in accordance with the rules of the bureau 4,615
of employment services, provided such claim is allowed by the 4,616
administrator or his THE ADMINISTRATOR'S deputy. 4,617
113
(D) Notwithstanding division (A) of this section, no 4,619
individual may serve a waiting period or be paid benefits under 4,620
the following conditions: 4,621
(1) For any week with respect to which the administrator 4,623
finds that: 4,624
(a) His THE INDIVIDUAL'S unemployment was due to a labor 4,626
dispute other than a lockout at any factory, establishment, or 4,628
other premises located in this or any other state and owned or 4,629
operated by the employer by which he THE INDIVIDUAL is or was 4,630
last employed; and for so long as his THE INDIVIDUAL'S 4,632
unemployment is due to such labor dispute. No individual shall 4,634
be disqualified under this provision if EITHER OF THE FOLLOWING
APPLIES: 4,635
(i) His THE INDIVIDUAL'S employment was with such employer 4,637
at any factory, establishment, or premises located in this state, 4,639
owned or operated by such employer, other than the factory, 4,640
establishment, or premises at which the labor dispute exists, if 4,641
it is shown that he THE INDIVIDUAL is not financing, 4,642
participating in, or directly interested in such labor dispute; 4,644
or
(ii) His THE INDIVIDUAL'S employment was with an employer 4,646
not involved in the labor dispute but whose place of business was 4,648
located within the same premises as the employer engaged in the 4,649
dispute, unless his THE INDIVIDUAL'S employer is a wholly owned 4,650
subsidiary of the employer engaged in the dispute, or unless he 4,652
THE INDIVIDUAL actively participates in or voluntarily stops work 4,654
because of such dispute. If it is established that the claimant 4,655
was laid off for an indefinite period and not recalled to work 4,656
prior to the dispute, or was separated by the employer prior to 4,657
the dispute for reasons other than the labor dispute, or that he 4,658
THE INDIVIDUAL obtained a bona fide job with another employer 4,660
while the dispute was still in progress, such labor dispute shall 4,661
not render the employee ineligible for benefits. 4,662
(b) He THE INDIVIDUAL has been given a disciplinary layoff 4,664
114
for misconduct in connection with his THE INDIVIDUAL'S work. 4,666
(2) For the duration of his THE INDIVIDUAL'S unemployment 4,668
if the administrator finds that: 4,670
(a) He THE INDIVIDUAL quit his work without just cause or 4,673
has been discharged for just cause in connection with his THE 4,674
INDIVIDUAL'S work, provided division (D)(2) of this section does 4,676
not apply to the separation of a person under any of the 4,677
following circumstances:
(i) Separation from employment for the purpose of entering 4,679
the armed forces of the United States if he THE INDIVIDUAL makes 4,680
application to enter, or is inducted into such THE armed forces 4,682
within thirty days after such separation; 4,684
(ii) Separation from employment pursuant to a 4,686
labor-management contract or agreement, or pursuant to an 4,687
established employer plan, program, or policy, which permits the 4,688
employee, because of lack of work, to accept a separation from 4,689
employment;
(iii) He THE INDIVIDUAL has left his employment to accept 4,692
a recall from a prior employer or, except as provided in division 4,693
(D)(2)(a)(iv) of this section, to accept other employment as 4,695
provided under section 4141.291 of the Revised Code, or left or 4,696
was separated from employment which THAT was concurrent 4,697
employment at the time of the most recent separation or within 4,698
six weeks prior to the most recent separation where the 4,699
remuneration, hours, or other conditions of such concurrent 4,700
employment were substantially less favorable than his THE 4,701
INDIVIDUAL'S most recent employment and where such employment, if 4,702
offered as new work, would be considered not suitable under the 4,703
provisions of divisions (E) and (F) of this section. Any 4,704
benefits which THAT would otherwise be chargeable to the account 4,705
of the employer from whom an individual has left employment or 4,706
was separated from employment that was concurrent employment 4,707
under conditions described in division (D)(2)(a)(iii) of this 4,708
section, shall instead be charged to the mutualized account 4,710
115
created by division (D)(B) of section 4141.25 of the Revised 4,711
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this 4,712
section shall be charged to the account of the reimbursing 4,713
employer and not to the mutualized account, unless the 4,714
reimbursing employer is a seasonal employer as determined by the 4,715
administrator pursuant to section 4141.33 of the Revised Code, 4,716
and the benefit charges are for weeks of unemployment that 4,717
occurred outside the seasonal employer's seasonal period. 4,718
(iv) When an individual has been issued a definite layoff 4,721
date by his THE INDIVIDUAL'S employer and before the layoff date, 4,723
the individual quits to accept other employment, the provisions
of division (D)(2)(a)(iii) of this section apply and no 4,725
disqualification shall be imposed under division (D) of this 4,727
section. However, if the individual fails to meet the employment 4,728
and earnings requirements of division (A)(2) of section 4141.291 4,729
of the Revised Code, then the individual shall, pursuant to 4,730
division (A)(5) of this section, SHALL be ineligible for benefits 4,731
for any week of unemployment that occurs prior to the layoff 4,732
date.
(b) He THE INDIVIDUAL has refused without good cause to 4,734
accept an offer of suitable work when made by an employer either 4,736
in person or to his THE INDIVIDUAL'S last known address, or has 4,737
refused or failed to investigate a referral to suitable work when 4,739
directed to do so by a local employment office of this state or 4,740
another state, provided that this division shall not cause a 4,741
disqualification for a waiting week or benefits under the 4,742
following circumstances:
(i) When work is offered by his THE INDIVIDUAL'S employer 4,744
and he THE INDIVIDUAL is not required to accept the offer 4,746
pursuant to the terms of the labor-management contract or 4,747
agreement; or
(ii) When the individual is attending a vocational 4,749
training course pursuant to division (A)(4) of this section 4,750
116
except, in the event of a refusal to accept an offer of suitable 4,751
work or a refusal or failure to investigate a referral, benefits 4,752
thereafter paid to such individual shall not be charged to the 4,753
account of any employer and, except as provided in division 4,754
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 4,755
charged to the mutualized account as provided in division (D)(B) 4,757
of section 4141.25 of the Revised Code. 4,758
(c) Such individual quit work to marry or because of 4,760
marital, parental, filial, or other domestic obligations. 4,761
(d) He THE INDIVIDUAL has knowingly made a false statement 4,763
or representation or knowingly failed to report any material fact 4,764
with the object of obtaining benefits to which he THE INDIVIDUAL 4,765
is not entitled. 4,767
(e) He THE INDIVIDUAL became unemployed by reason of 4,769
commitment to any correctional institution. 4,771
(f) He THE INDIVIDUAL became unemployed because of 4,773
dishonesty in connection with his THE INDIVIDUAL'S most recent or 4,775
any base period work. Remuneration earned in such work shall be 4,776
excluded from such THE individual's total base period 4,778
remuneration and qualifying weeks which THAT otherwise would be 4,779
credited to such an THE individual for such work in the 4,781
individual's base period shall not be credited for the purpose of 4,782
determining the total benefits to which such THE individual is 4,783
eligible and the weekly benefit amount to be paid under section 4,784
4141.30 of the Revised Code. Such excluded remuneration and 4,785
noncredited qualifying weeks shall be excluded from the 4,786
calculation of the maximum amount to be charged, under division 4,787
(D) of section 4141.24 and section 4141.33 of the Revised Code, 4,788
against the accounts of the individual's base period employers. 4,789
In addition, no benefits shall thereafter be paid to such THE 4,790
individual based upon such excluded remuneration or noncredited 4,792
qualifying weeks.
For purposes of division (D)(2)(f) of this section, 4,794
"dishonesty" means the commission of substantive theft, fraud, or 4,795
117
deceitful acts. 4,796
(E) No individual otherwise qualified to receive benefits 4,798
shall lose the right to benefits by reason of a refusal to accept 4,799
new work if: 4,800
(1) As a condition of being so employed he THE INDIVIDUAL 4,802
would be required to join a company union, or to resign from or 4,804
refrain from joining any bona fide labor organization, or would 4,805
be denied the right to retain membership in and observe the 4,806
lawful rules of any such organization. 4,807
(2) The position offered is vacant due directly to a 4,809
strike, lockout, or other labor dispute. 4,810
(3) The work is at an unreasonable distance from his THE 4,812
INDIVIDUAL'S residence, having regard to the character of the 4,814
work he THE INDIVIDUAL has been accustomed to do, and travel to 4,816
the place of work involves expenses substantially greater than 4,817
that required for his THE INDIVIDUAL'S former work, unless the 4,819
expense is provided for.
(4) The remuneration, hours, or other conditions of the 4,821
work offered are substantially less favorable to the individual 4,822
than those prevailing for similar work in the locality. 4,823
(F) Subject to the special exceptions contained in 4,825
division (A)(4)(f) of this section and section 4141.301 of the 4,826
Revised Code, in determining whether any work is suitable for a 4,827
claimant in the administration of this chapter, the administrator 4,828
shall, in addition to the determination required under division 4,829
(E) of this section, SHALL consider the degree of risk to the 4,830
claimant's health, safety, and morals, his THE INDIVIDUAL'S 4,831
physical fitness for the work, his THE INDIVIDUAL'S prior 4,833
training and experience, the length of his THE INDIVIDUAL'S 4,834
unemployment, the distance of the available work from his THE 4,835
INDIVIDUAL'S residence, and his THE INDIVIDUAL'S prospects for 4,837
obtaining local work. 4,838
(G) The "duration of his unemployment" as used in this 4,840
section means the full period of unemployment next ensuing after 4,841
118
a separation from any base period or subsequent work and until an 4,842
individual has become reemployed in employment subject to this 4,843
chapter, or the unemployment compensation act of another state, 4,844
or of the United States, and until such individual has worked six 4,845
weeks and for such THOSE weeks has earned or been paid 4,846
remuneration equal to six times an average weekly wage of not 4,848
less than: eighty-five dollars and ten cents per week beginning 4,849
on June 26, 1990; and beginning on and after January 1, 1992, 4,850
twenty-seven and one-half per cent of the statewide average 4,851
weekly wage as computed each first day of January under division 4,852
(B)(3) of section 4141.30 of the Revised Code, rounded down to 4,853
the nearest dollar, except for purposes of division (D)(2)(c) of 4,854
this section, such term means the full period of unemployment 4,855
next ensuing after a separation from such work and until such 4,856
individual has become reemployed subject to the terms set forth 4,857
above, and has earned wages equal to one-half of his THE 4,858
INDIVIDUAL'S average weekly wage or sixty dollars, whichever is 4,860
less.
(H) If a claimant is disqualified under division 4,862
(D)(2)(a), (c), or (e) of this section or found to be qualified 4,863
under the exceptions provided in division (D)(2)(a)(i), (ii), 4,864
(iii), or (iv) of this section or division (A)(2) of section 4,865
4141.291 of the Revised Code, then benefits which THAT may become 4,867
payable to such claimant, which are chargeable to the account of 4,868
the employer from whom he THE INDIVIDUAL was separated under such 4,870
conditions, shall be charged to the mutualized account provided 4,871
in section 4141.25 of the Revised Code, provided that no charge 4,872
shall be made to the mutualized account for benefits chargeable 4,873
to a reimbursing employer, except as provided in division (C) of 4,874
section 4141.33 of the Revised Code. In the case of a 4,875
reimbursing employer, the administrator shall refund or credit to 4,876
the account of the reimbursing employer any over-paid benefits 4,877
that are recovered under division (B) of section 4141.35 of the 4,878
Revised Code. 4,879
119
(I)(1) Benefits based on service in employment as provided 4,881
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 4,882
Code shall be payable in the same amount, on the same terms, and 4,883
subject to the same conditions as benefits payable on the basis 4,884
of other service subject to this chapter; except that after 4,885
December 31, 1977: 4,886
(a) Benefits based on service in an instructional, 4,888
research, or principal administrative capacity in an institution 4,889
of higher education, as defined in division (Y) of section 4,890
4141.01 of the Revised Code; or for an educational institution as 4,891
defined in division (CC) of section 4141.01 of the Revised Code, 4,892
shall not be paid to any individual for any week of unemployment 4,893
which THAT begins during the period between two successive 4,894
academic years or terms, or during a similar period between two 4,896
regular but not successive terms or during a period of paid 4,897
sabbatical leave provided for in the individual's contract, if 4,898
the individual performs such services in the first of such THOSE 4,899
academic years or terms and has a contract or a reasonable 4,901
assurance that the individual will perform services in any such 4,902
capacity for any such institution in the second of such THOSE 4,903
academic years or terms. 4,904
(b) Benefits based on service for an educational 4,906
institution or an institution of higher education in other than 4,907
an instructional, research, or principal administrative capacity, 4,908
shall not be paid to any individual for any week of unemployment 4,909
which begins during the period between two successive academic 4,910
years or terms of the employing educational institution or 4,911
institution of higher education, provided the individual 4,912
performed such THOSE services for the educational institution or 4,913
institution of higher education during the first such academic 4,914
year or term and, there is a reasonable assurance that such 4,915
individual will perform such THOSE services for any educational 4,916
institution or institution of higher education in the second of 4,917
such academic years or terms. 4,918
120
If compensation is denied to any individual for any week 4,920
under division (I)(1)(b) of this section and the individual was 4,921
not offered an opportunity to perform such THOSE services for an 4,922
institution of higher education or for an educational institution 4,923
for the second of such academic years or terms, the individual is 4,924
entitled to a retroactive payment of compensation for each week 4,925
for which the individual timely filed a claim for compensation 4,926
and for which compensation was denied solely by reason of 4,927
division (I)(1)(b) of this section. An application for 4,928
retroactive benefits shall be timely filed if received by the 4,929
administrator or his THE ADMINISTRATOR'S deputy within or prior 4,930
to the end of the fourth full calendar week after the end of the 4,932
period for which benefits were denied because of reasonable 4,933
assurance of employment. The provision for the payment of 4,934
retroactive benefits under division (I)(1)(b) of this section is 4,935
applicable to weeks of unemployment beginning on and after 4,936
November 18, 1983. The provisions under division (I)(1)(b) of 4,937
this section shall be retroactive to September 5, 1982, only if, 4,938
as a condition for full tax credit against the tax imposed by the 4,939
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 4,940
3301 TO 3311, the United States secretary of labor determines 4,941
that retroactivity is required by federal law. 4,943
(c) With respect to weeks of unemployment beginning after 4,945
December 31, 1977, benefits shall be denied to any individual for 4,946
any week which commences during an established and customary 4,947
vacation period or holiday recess, if the individual performs any 4,948
services described in divisions (I)(1)(a) and (b) of this section 4,949
in the period immediately before the vacation period or holiday 4,950
recess, and there is a reasonable assurance that the individual 4,951
will perform any such services in the period immediately 4,952
following the vacation period or holiday recess. 4,953
(d) With respect to any services described in division 4,955
(I)(1)(a), (b), or (c) of this section, benefits payable on the 4,956
basis of services in any such capacity shall be denied as 4,957
121
specified in division (I)(1)(a), (b), or (c) of this section to 4,958
any individual who performs such services in an educational 4,959
institution or institution of higher education while in the 4,960
employ of an educational service agency. For this purpose, the 4,961
term "educational service agency" means a governmental agency or 4,962
governmental entity which THAT is established and operated 4,963
exclusively for the purpose of providing services to one or more 4,965
educational institutions or one or more institutions of higher 4,966
education.
(e) Any individual employed by a public school district or 4,968
a county board of mental retardation shall be notified by the 4,969
thirtieth day of April each year if he THE INDIVIDUAL is not to 4,970
be reemployed the following academic year. 4,972
(2) No disqualification will be imposed, between academic 4,974
years or terms or during a vacation period or holiday recess 4,975
under this division, unless the administrator or his THE 4,976
ADMINISTRATOR'S deputy has received a statement in writing from 4,978
the educational institution or institution of higher education 4,979
that the claimant has a contract for, or a reasonable assurance 4,980
of, reemployment for the ensuing academic year or term. 4,981
(3) If an individual has employment with an educational 4,983
institution or an institution of higher education and employment 4,984
with a noneducational employer, during the base period of the 4,985
individual's benefit year, then the individual may become 4,986
eligible for benefits during the between-term, or vacation or 4,987
holiday recess, disqualification period, based on employment 4,988
performed for the noneducational employer, provided that the 4,989
employment is sufficient to qualify the individual for benefit 4,990
rights separately from the benefit rights based on school 4,991
employment. The weekly benefit amount and maximum benefits 4,992
payable during a disqualification period shall be computed based 4,993
solely on the nonschool employment. 4,994
(J) Benefits shall not be paid on the basis of employment 4,996
performed by an alien, unless the alien had been lawfully 4,997
122
admitted to the United States for permanent residence at the time 4,998
the services were performed, was lawfully present for purposes of 4,999
performing the services, or was otherwise permanently residing in 5,000
the United States under color of law at the time the services 5,001
were performed, under section 212(d)(5) of the "Immigration and 5,002
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 5,003
(1) Any data or information required of individuals 5,005
applying for benefits to determine whether benefits are not 5,006
payable to them because of their alien status shall be uniformly 5,007
required from all applicants for benefits. 5,008
(2) In the case of an individual whose application for 5,010
benefits would otherwise be approved, no determination that 5,011
benefits to the individual are not payable because of his THE 5,012
INDIVIDUAL'S alien status shall be made except upon a 5,014
preponderance of the evidence that the individual had not, in 5,015
fact, been lawfully admitted to the United States. 5,016
(K) The administrator shall establish and utilize a system 5,018
of profiling all new claimants under this chapter that: 5,019
(1) Identifies which claimants will be likely to exhaust 5,021
regular compensation and will need job search assistance services 5,022
to make a successful transition to new employment; 5,023
(2) Refers claimants identified pursuant to division 5,025
(K)(1) of this section to reemployment services, such as job 5,026
search assistance services, available under any state or federal 5,027
law; 5,028
(3) Collects follow-up information relating to the 5,030
services received by such claimants and the employment outcomes 5,031
for such claimant's subsequent to receiving such services and 5,032
utilizes such information in making identifications pursuant to 5,033
division (K)(1) of this section; and 5,034
(4) Meets such other requirements as the United States 5,036
secretary of labor determines are appropriate. 5,037
Sec. 4141.291. (A) Notwithstanding section 4141.29 of the 5,047
Revised Code, an individual who voluntarily quits work: 5,048
123
(1) To accept a recall from a prior employer and 5,050
establishes that the refusal or failure to accept the recall 5,051
would have resulted in a substantial loss of employment rights, 5,052
benefits, or pension, under a labor-management agreement or 5,053
company policy; 5,054
(2) To accept a recall to employment from a prior employer 5,056
and cannot establish that a substantial loss of employment 5,057
rights, benefits, or pension was involved in the recall, or to 5,058
accept other employment subject to this chapter, or the 5,059
unemployment compensation act of another state, or of the United 5,060
States, where the individual obtains such employment while still 5,061
employed or commences such employment within seven calendar days 5,063
after the last day of employment with the prior employer, and 5,064
subsequent to the last day of the employment with the prior 5,065
employer, works three weeks in the new employment and earns wages 5,066
equal to one and one-half times the individual's average weekly 5,067
wage or one hundred eighty dollars, whichever is less; 5,068
(3) Shall, under the conditions specified in either 5,070
division (A)(1) or (2) of this section, remove the 5,071
disqualification imposed by division (D)(2)(a) of section 4141.29 5,072
of the Revised Code and shall be deemed to have fully complied 5,073
with division (G) of such section. 5,074
(B) Benefits which may become payable to such individual 5,076
because of the individual's subsequent separation from the 5,077
employer who recalled that individual shall be charged to 5,078
employer accounts as provided in division (D) of section 4141.24 5,079
of the Revised Code.
(C) Any benefits which would be chargeable to the account 5,081
of the employer from whom such individual voluntarily quit to 5,082
accept such recall or other employment which are not chargeable 5,083
to the recalling employer as provided in this section shall be 5,084
charged to the mutualized account provided in section 4141.25 of 5,085
the Revised Code; except that any benefits chargeable to the 5,086
account of a reimbursing employer under this division shall be 5,087
124
charged to the account of the reimbursing employer and not the 5,088
mutualized account unless the charge is required under division 5,089
(C) of section 4141.33 of the Revised Code. 5,090
Sec. 4141.301. (A) As used in this section, unless the 5,099
context clearly requires otherwise: 5,100
(1) "Extended benefit period" means a period which: 5,102
(a) Begins with the third week after a week for which 5,104
there is a state "on" indicator; and 5,105
(b) Ends with either of the following weeks, whichever 5,107
occurs later: 5,108
(i) The third week after the first week for which there is 5,110
a state "off" indicator; or 5,111
(ii) The thirteenth consecutive week of such period; 5,113
Except, that no extended benefit period may begin by reason 5,115
of a state "on" indicator before the fourteenth week following 5,116
the end of a prior extended benefit period which was in effect 5,117
with respect to this state. 5,118
(2) There is a "state 'on' indicator" for this state for a 5,120
week if the administrator determines, in accordance with the 5,121
regulations of the United States secretary of labor, that for the 5,122
period consisting of such week and the immediately preceding 5,123
twelve weeks, the rate of insured unemployment, not seasonally 5,124
adjusted, under Chapter 4141. of the Revised Code: 5,125
(a) Equaled or exceeded one hundred and twenty per cent of 5,127
the average of such rates for the corresponding thirteen-week 5,128
period ending in each of the preceding two calendar years, and 5,129
for weeks beginning before September 25, 1982, equaled or 5,130
exceeded four per cent and for weeks beginning after September 5,131
25, 1982, equaled or exceeded five per cent; 5,132
(b) For weeks of unemployment beginning after December 31, 5,134
1977 and before September 25, 1982, such rate of insured 5,135
unemployment: 5,136
(i) Met the criteria set forth in division (A)(2)(a) of 5,138
this section; or 5,139
125
(ii) Equaled or exceeded five per cent. 5,141
(c) For weeks of unemployment beginning after September 5,143
25, 1982, such rate of insured unemployment: 5,144
(i) Met the criteria set forth in division (A)(2)(a) of 5,146
this section; or 5,147
(ii) Equaled or exceeded six per cent. 5,149
(3) A "state 'off' indicator" exists for the state for a 5,151
week if the administrator determines, in accordance with the 5,152
regulations of the United States secretary of labor, that for the 5,153
period consisting of such week and the immediately preceding 5,154
twelve weeks, the rate of insured unemployment, not seasonally 5,155
adjusted, under Chapter 4141. of the Revised Code: 5,156
(a) Was less than one hundred and twenty per cent of the 5,158
average of such rates for the corresponding thirteen-week period 5,159
ending in each of the preceding two calendar years, or for weeks 5,160
beginning before September 25, 1982, was less than four per cent 5,161
and for weeks beginning after September 25, 1982, was less than 5,162
five per cent; 5,163
(b) For weeks of unemployment beginning after December 31, 5,165
1977 and before September 25, 1982, such rate of insured 5,166
unemployment: 5,167
(i) Was less than five per cent; and 5,169
(ii) Met the criteria set forth in division (A)(3)(a) of 5,171
this section. 5,172
(c) For weeks of unemployment beginning after September 5,174
25, 1982, such rate of insured unemployment; 5,175
(i) Was less than six per cent; and 5,177
(ii) Met the criteria set forth in division (A)(3)(a) of 5,179
this section. 5,180
(4) "Rate of insured unemployment," for purposes of 5,182
divisions (A)(2) and (3) of this section, means the percentage 5,183
derived by dividing: 5,184
(a) The average weekly number of individuals filing claims 5,186
for regular compensation in this state for weeks of unemployment 5,187
126
with respect to the most recent thirteen-consecutive-week period, 5,188
as determined by the administrator on the basis of his THE 5,189
ADMINISTRATOR'S reports to the United States secretary of labor, 5,191
by
(b) The average monthly employment covered under Chapter 5,193
4141. of the Revised Code, for the first four of the most recent 5,194
six completed calendar quarters ending before the end of such 5,195
thirteen-week period. 5,196
(5) "Regular benefits" means benefits payable to an 5,198
individual, as defined in division (C) of section 4141.01 of the 5,199
Revised Code, or under any other state law, including dependents' 5,200
allowance and benefits payable to federal civilian employees and 5,201
to ex-servicemen EX-SERVICEPERSONS pursuant to the "Act of 5,202
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, other than 5,204
extended benefits, and additional benefits as defined in division 5,205
(A)(10) of this section. 5,206
(6) "Extended benefits" means benefits, including benefits 5,208
payable to federal civilian employees and to ex-servicemen 5,209
EX-SERVICEPERSON pursuant to the "Act of September 6, 1966," 80 5,211
Stat. 585, 5 U.S.C.A. 8501, and additional benefits, payable to 5,212
an individual under the provisions of this section for weeks of 5,213
unemployment in his THE INDIVIDUAL'S eligibility period. 5,214
(7) "Eligibility period" of an individual means the period 5,216
consisting of the weeks in his THE INDIVIDUAL'S benefit year 5,217
which begin in an extended benefit period and, if his THE 5,219
INDIVIDUAL'S benefit year ends within the extended benefit 5,221
period, any weeks thereafter which begin in the period. 5,222
(8) "Exhaustee" means an individual who, with respect to 5,224
any week of unemployment in his THE INDIVIDUAL'S eligibility 5,225
period: 5,226
(a) Has received prior to the week, all of the regular 5,228
benefits that were available to him THE INDIVIDUAL under Chapter 5,229
4141. of the Revised Code, or any other state law, including 5,231
dependents' allowance and benefits payable to federal civilian 5,232
127
employees and ex-servicemen EX-SERVICEPERSONS under the "Act of 5,233
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE 5,235
INDIVIDUAL'S current benefit year that includes the week; 5,237
(b) Has received, prior to the week, all of the regular 5,239
benefits that were available to him THE INDIVIDUAL under this 5,240
chapter or any other state law, including dependents' allowances 5,242
and regular benefits available to federal civilian employees and 5,243
ex-servicemen EX-SERVICEPERSONS under the "Act of September 6, 5,244
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE INDIVIDUAL'S 5,246
current benefit year that includes the week, after the 5,248
cancellation of some or all of his THE INDIVIDUAL'S wage credits 5,249
or the total or partial reduction of his THE INDIVIDUAL'S right 5,250
to regular benefits, provided that, for the purposes of divisions 5,252
(A)(8)(a) and (8)(b) of this section, an individual shall be 5,253
deemed to have received in his THE INDIVIDUAL'S current benefit 5,254
year all of the regular benefits that were either payable or 5,256
available to him THE INDIVIDUAL even though: 5,257
(i) As a result of a pending appeal with respect to wages 5,259
or employment, or both, that were not included in the original 5,260
monetary determination with respect to his THE INDIVIDUAL'S 5,261
current benefit year, he THE INDIVIDUAL may subsequently be 5,263
determined to be entitled to more regular benefits, or 5,265
(ii) By reason of section 4141.33 of the Revised Code, or 5,267
the seasonal employment provisions of another state law, he THE 5,268
INDIVIDUAL is not entitled to regular benefits with respect to 5,270
the week of unemployment, although he THE INDIVIDUAL may be 5,271
entitled to regular benefits with respect to future weeks of 5,273
unemployment in either the next season or off season in his THE 5,274
INDIVIDUAL'S current benefit year, and he THE INDIVIDUAL is 5,275
otherwise an "exhaustee" within the meaning of this section with 5,276
respect to his THE right to regular benefits under state law 5,277
seasonal employment provisions during either the season or off 5,279
season in which that week of unemployment occurs, or 5,280
(iii) Having established a benefit year, no regular 5,282
128
benefits are payable to him THE INDIVIDUAL during the year 5,283
because his THE INDIVIDUAL'S wage credits were cancelled or his 5,285
THE INDIVIDUAL'S right to regular benefits was totally reduced as 5,287
the result of the application of a disqualification; or 5,288
(c) His THE INDIVIDUAL'S benefit year having expired prior 5,290
to the week, has no, or insufficient, wages or weeks of 5,292
employment on the basis of which he THE INDIVIDUAL could 5,293
establish in any state a new benefit year that would include the 5,295
week, or having established a new benefit year that includes the 5,296
week, he THE INDIVIDUAL is precluded from receiving regular 5,297
benefits by reason of a state law which meets the requirements of 5,298
section 3304 (a)(7) of the "Federal Unemployment Tax Act," 53 5,299
Stat. 183, 26 U.S.C.A. 3301, as amended TO 3311; and 5,300
(i) Has no right for the week to unemployment benefits or 5,302
allowances, as the case may be, under the Railroad Unemployment 5,303
Insurance Act, the Trade Act of 1974, and other federal laws as 5,304
are specified in regulations issued by the United States 5,305
secretary of labor; and 5,306
(ii) Has not received and is not seeking for the week 5,308
unemployment benefits under the unemployment compensation law of 5,309
the Virgin Islands, prior to the day after that on which the 5,310
secretary of labor approves the unemployment compensation law of 5,311
the Virgin Islands, or of Canada; or if he THE INDIVIDUAL is 5,312
seeking benefits and the appropriate agency finally determines 5,314
that he THE INDIVIDUAL is not entitled to benefits under the law 5,316
for the week.
(9) "State law" means the unemployment insurance law of 5,318
any state, approved by the United States secretary of labor under 5,319
section 3304 of the Internal Revenue Code of 1954. 5,320
(10) "Additional benefits" means benefits totally financed 5,322
by a state and payable to exhaustees by reason of high 5,323
unemployment or by reason of other special factors under the 5,324
provisions of any state law. 5,325
(B) Except when the result would be inconsistent with the 5,327
129
other provisions of this section, as provided in the regulations 5,328
of the administrator, the provisions of Chapter 4141. of the 5,329
Revised Code, which apply to claims for, or the payment of, 5,330
regular benefits, shall apply to claims for, and the payment of, 5,331
extended benefits. 5,332
(C) Any individual shall be eligible to receive extended 5,334
benefits with respect to any week of unemployment in his THE 5,335
INDIVIDUAL'S eligibility period only if the administrator finds 5,337
that, with respect to such week: 5,338
(1) The individual is an "exhaustee" as defined in 5,340
division (A)(8) of this section; and 5,341
(2) The individual has satisfied the requirements of 5,343
Chapter 4141. of the Revised Code, for the receipt of regular 5,344
benefits that are applicable to individuals claiming extended 5,345
benefits, including not being subject to a disqualification for 5,346
the receipt of benefits. 5,347
(D) The weekly extended benefit amount payable to an 5,349
individual for a week of total unemployment in his THE 5,350
INDIVIDUAL'S eligibility period shall be the same as the weekly 5,352
benefit amount payable to him THE INDIVIDUAL during his THE 5,353
INDIVIDUAL'S applicable benefit year. 5,354
(E) The total extended benefit amount payable to any 5,356
eligible individual with respect to his THE INDIVIDUAL'S 5,357
applicable benefit year shall be the lesser of the following 5,359
amounts:
(1) Fifty per cent of the total amount of regular 5,361
benefits, including dependents' allowances which were payable to 5,362
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, in 5,363
his THE INDIVIDUAL'S applicable benefit year; 5,365
(2) Thirteen times his THE INDIVIDUAL'S weekly benefit 5,367
amount, including dependents' allowances, which was payable to 5,369
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, for a 5,371
week of total unemployment in the applicable benefit year; 5,372
provided, that in making the computation under divisions (E)(1) 5,373
130
and (2) of this section, any amount which is not a multiple of 5,374
one dollar shall be rounded to the next lower multiple of one 5,375
dollar.
(F)(1) Except as provided in division (F)(2) of this 5,377
section, an individual eligible for extended benefits pursuant to 5,378
an interstate claim filed in any state under the interstate 5,379
benefit payment plan shall not be paid extended benefits for any 5,380
week in which an extended benefit period is not in effect in such 5,381
state. 5,382
(2) Division (F)(1) of this section does not apply with 5,384
respect to the first two weeks for which extended compensation is 5,385
payable to an individual, as determined without regard to this 5,386
division, pursuant to an interstate claim filed under the 5,387
interstate benefit payment plan from the total extended benefit 5,388
amount payable to that individual in his THE INDIVIDUAL'S 5,389
applicable benefit year. 5,390
(3) Notwithstanding any other provisions of this section, 5,392
if the benefit year of any individual ends within an extended 5,393
benefit period, the remaining balance of extended benefits that 5,394
the individual would, but for this section, be entitled to 5,395
receive in that extended benefit period, with respect to weeks of 5,396
unemployment beginning after the end of the benefit year, shall 5,397
be reduced, but not below zero, by the product of the number of 5,398
weeks for which the individual received any amounts as trade 5,399
readjustment allowances within that benefit year, multiplied by 5,400
the individual's weekly benefit amount for extended benefits. 5,401
(G)(1) Whenever an extended benefit period is to become 5,403
effective in this state, as a result of a state "on" indicator, 5,404
or an extended benefit period is to be terminated in this state 5,405
as a result of a state "off" indicator, the administrator shall 5,406
make an appropriate public announcement. 5,407
(2) Computations required by division (A)(4) of this 5,409
section shall be made by the administrator, in accordance with 5,410
the regulations prescribed by the United States secretary of 5,411
131
labor. 5,412
(H)(1)(a) The administrator shall promptly examine any 5,414
application for extended benefits filed and, under this section, 5,415
shall determine whether such application is to be allowed or 5,416
disallowed and, if allowed, the weekly and total extended 5,417
benefits payable and the effective date of the application. The 5,418
claimant, his THE CLAIMANT'S most recent employer, and any other 5,419
employer in the base period of the claim upon which the extended 5,421
benefits are based, and who was chargeable for regular benefits 5,422
based on such claim, shall be notified of such determination. 5,423
(b) The determination issued to the most recent or other 5,425
base period employer shall include the total amount of extended 5,426
benefits which may be charged to his THE EMPLOYER'S account. 5,427
Such potential charge amount shall be an amount equal to 5,429
one-fourth of the regular benefits chargeable to his THE 5,430
EMPLOYER'S account on the regular claim upon which extended 5,432
benefits are based except that, effective January 1, 1979, the 5,433
potential charge amount to the state and its instrumentalities 5,434
and its political subdivisions and their instrumentalities shall 5,435
be an amount equal to one-half of the regular benefits chargeable 5,436
to their accounts on such claim. If regular benefits were 5,437
chargeable to the mutualized account, in lieu of an employer's 5,438
account, then the extended benefits which are based on such prior 5,439
mutualized benefits shall also be charged to the mutualized 5,440
account.
(c) As extended benefits are paid to eligible individuals: 5,442
(i) One-half of such benefits will be charged to an 5,444
extended benefit account to which reimbursement payments of 5,445
one-half of extended benefits, received from the federal 5,446
government as described in division (J) of this section, will be 5,447
credited; and 5,448
(ii) One-half of the extended benefits shall be charged to 5,450
the accounts of base period employers and the mutualized account 5,451
in the same sequence as was provided for on the regular claim; or 5,452
132
(iii) The full amount of extended benefits shall be 5,454
charged to the accounts of the state and its instrumentalities, 5,455
and its political subdivisions and their instrumentalities. 5,456
Employers making payments in lieu of contributions shall be 5,457
charged in accordance with division (B)(1) of section 4141.241 of 5,458
the Revised Code. 5,459
(d) If the application for extended benefits is 5,461
disallowed, a determination shall be issued to the claimant, 5,462
which determination shall set forth the reasons for the 5,463
disallowance. Determinations issued under this division, whether 5,464
allowed or disallowed, shall be subject to reconsideration and 5,465
appeal in accordance with section 4141.28 of the Revised Code. 5,466
(2) Any additional or continued claims, as described in 5,468
division (F) of section 4141.01 of the Revised Code, filed by an 5,469
individual at the beginning of, or during, his THE INDIVIDUAL'S 5,470
extended benefit period shall be determined under division (D) of 5,472
section 4141.28 of the Revised Code, and such determination shall 5,473
be subject to reconsideration and appeal in accordance with 5,474
section 4141.28 of the Revised Code. 5,475
(I) Notwithstanding division (B) of this section, payment 5,477
of extended benefits under this section shall not be made to any 5,478
individual for any week of unemployment in his THE INDIVIDUAL'S 5,479
eligibility period during which he THE INDIVIDUAL fails to accept 5,481
any offer of suitable work, as defined in division (I)(2) of this 5,483
section, or fails to apply for any suitable work to which he THE 5,484
INDIVIDUAL was referred by the administrator, or fails to 5,486
actively engage in seeking work, as prescribed in division (I)(4) 5,487
of this section.
(1) If any individual is ineligible for extended benefits 5,489
for any week by reason of a failure described in this division, 5,490
the individual shall be ineligible to receive extended benefits 5,491
beginning with the week in which the failure occurred and 5,492
continuing until the individual has been employed during each of 5,493
four subsequent weeks and the total remuneration earned by the 5,494
133
individual for this employment is equal to or more than four 5,495
times the individual's weekly extended benefit amount, and has 5,496
met all other eligibility requirements of this section, in order 5,497
to establish entitlement to extended benefits. 5,498
(2) For purposes of this section, the term "suitable work" 5,500
means, with respect to an individual, any work which is within 5,501
the individual's capabilities, provided that with respect to the 5,502
position all of the following requirements are met: 5,503
(a) It offers the individual gross average weekly 5,505
remuneration of more than the sum of: 5,506
(i) The individual's extended weekly benefit amount; and 5,508
(ii) The amount of supplemental unemployment compensation 5,510
benefits, as defined in section 501(c)(17)(D) of the "Internal 5,511
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 5,512
the individual for the week of unemployment. 5,513
(b) It pays equal to or more than the higher of: 5,515
(i) The minimum wage provided by section 6(a)(1) of the 5,517
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 5,518
206, without regard to any exemption; or 5,519
(ii) Any applicable state or local minimum wage. 5,521
(c) It is offered to the individual in writing or is 5,523
listed with the employment office maintained or designated by the 5,524
bureau of employment services. 5,525
(3) Extended benefits shall not be denied under this 5,527
division to any individual for any week by reason of a failure to 5,528
accept an offer of, or apply for suitable work if either of the 5,529
following conditions apply: 5,530
(a) The failure would not result in a denial of benefits 5,532
to a regular benefit claimant under section 4141.29 of the 5,533
Revised Code to the extent that section 4141.29 of the Revised 5,534
Code is not inconsistent with division (I)(2) of this section; 5,535
(b) The individual furnishes evidence satisfactory to the 5,537
administrator that the individual's prospects for obtaining work 5,538
in his THE INDIVIDUAL'S customary occupation within a reasonably 5,539
134
short period are good. If the evidence is deemed satisfactory, 5,541
the determination as to whether any work is suitable work with 5,542
respect to this individual and whether the individual is 5,543
ineligible or disqualified shall be based upon the meaning of 5,544
"suitable work" and other provisions in section 4141.29 of the 5,545
Revised Code.
(4) For purposes of this section, an individual shall be 5,547
treated as actively engaged in seeking work during any week if: 5,548
(a) The individual has engaged in a systematic and 5,550
sustained effort to obtain work during that week; and 5,551
(b) The individual provides tangible evidence to the 5,553
administrator that he THE INDIVIDUAL has engaged in the effort 5,554
during that week. 5,555
(5) The administrator shall refer applicants for extended 5,557
benefits to job openings that meet the requirements of divisions 5,558
(E) and (F) of section 4141.29 of the Revised Code, and in the 5,559
case of applicants whose prospects are determined not to be good 5,560
under division (I)(3)(b) of this section to any suitable work 5,561
which meets the criteria in divisions (I)(2) and (3)(a) of this 5,562
section. 5,563
(6) Individuals denied extended or regular benefits under 5,565
division (D)(1)(b) of section 4141.29 of the Revised Code because 5,566
of being given a disciplinary layoff for misconduct must, after 5,567
the date of disqualification, work the length of time and earn 5,568
the amount of remuneration specified in division (I)(1) of this 5,569
section, and meet all other eligibility requirements of this 5,570
section, in order to establish entitlement to extended benefits. 5,571
(J) All payments of extended benefits made pursuant to 5,573
this section shall be paid out of the unemployment compensation 5,574
fund, provided by section 4141.09 of the Revised Code, and all 5,575
payments of the federal share of extended benefits that are 5,576
received as reimbursements under section 204 of the 5,577
"Federal-State Extended Unemployment Compensation Act of 1970," 5,578
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 5,579
135
unemployment compensation fund and shall be credited to the 5,580
extended benefit account established by division (G) of this 5,581
section. Any refund of extended benefits, because of prior 5,582
overpayment of such benefits, may be made from the unemployment 5,583
compensation fund. 5,584
(K) In the administration of the provisions of this 5,586
section which are enacted to conform with the requirements of the 5,587
"Federal-State Extended Unemployment Compensation Act of 1970," 5,588
84 Stat. 696, 26 U.S.C.A. 3306, the administrator shall take such 5,589
action consistent with state law, as may be necessary: 5,590
(1) To ensure that the provisions are so interpreted and 5,592
applied as to meet the requirements of the federal act as 5,593
interpreted by the United States department of labor; and 5,594
(2) To secure to this state the full reimbursement of the 5,596
federal share of extended benefits paid under this section that 5,597
are reimbursable under the federal act. 5,598
Sec. 4141.312. Notwithstanding sections 4141.31 and 5,607
4141.311 of the Revised Code, and to the extent that the 5,608
following provisions are required as a condition for full tax 5,609
credit against the tax imposed by the "Federal Unemployment Tax 5,610
Act of 1976," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, then the 5,612
following conditions shall apply: 5,613
(A) The amount of benefits payable to a claimant for any 5,615
week with respect to which the claimant is receiving a 5,616
governmental or other pension, retirement or retired pay, annuity 5,617
or any other similar periodic payment which is based on the 5,618
previous work of the individual, shall, to the extent required by 5,619
such federal act, be reduced by an amount equal to the amount of 5,620
the pension, retirement or retired pay, annuity or other payment 5,621
which is reasonably attributable to that week. 5,622
(B) The amount of any disability pension, allowance, or 5,624
payment paid to former members of the armed forces of the United 5,625
States which is based on the nature and extent of the disability 5,626
rather than a prior period of employment or service, shall not 5,627
136
reduce or be deducted from the weekly benefits payable. 5,628
Sec. 4141.33. (A) "Seasonal employment" means employment 5,638
of individuals hired primarily to perform services in an industry 5,639
which because of climatic conditions or because of the seasonal 5,640
nature of such industry it is customary to operate only during 5,641
regularly recurring periods of forty weeks or less in any 5,642
consecutive fifty-two weeks. "Seasonal employer" means an 5,643
employer determined by the administrator of the bureau of 5,644
employment services to be an employer whose operations and 5,645
business, with the exception of certain administrative and 5,646
maintenance operations, are substantially all in a seasonal 5,647
industry. Any employer who claims to have seasonal employment in 5,648
a seasonal industry may file with the administrator a written 5,649
application for classification of such employment as seasonal. 5,650
Whenever in any industry it is customary to operate because of 5,651
climatic conditions or because of the seasonal nature of such 5,652
industry only during regularly recurring periods of forty weeks 5,653
or less duration, benefits shall be payable only during the 5,654
longest seasonal periods which the best practice of such industry 5,655
will reasonably permit. The administrator shall determine, after 5,656
investigation, hearing, and due notice, whether the industry is 5,657
seasonal and, if seasonal, establish seasonal periods for such 5,658
seasonal employer. Until such determination by the 5,659
administrator, no industry or employment shall be deemed 5,660
seasonal. 5,661
(B) When the administrator has determined such seasonal 5,663
periods, he shall also establish the proportionate number of 5,666
weeks of employment and earnings required to qualify for seasonal 5,667
benefit rights in place of the weeks of employment and earnings 5,668
requirement stipulated in division (R) of section 4141.01 and 5,669
section 4141.30 of the Revised Code, and the proportionate number 5,670
of weeks for which seasonal benefits may be paid. An individual 5,671
whose base period employment consists of only seasonal employment 5,672
for a single seasonal employer and who meets the employment and 5,673
137
earnings requirements determined by the administrator pursuant to 5,674
this division will have his benefit rights determined in 5,675
accordance with this division. Benefit charges for such seasonal 5,676
employment shall be computed and charged in accordance with 5,677
division (D) of section 4141.24 of the Revised Code. The 5,678
administrator may adopt rules for implementation of this section. 5,679
(C) An individual whose base period employment consists of 5,681
either seasonal employment with two or more seasonal employers or 5,682
both seasonal employment and nonseasonal employment with 5,683
employers subject to this chapter, will have his benefit rights 5,684
determined in accordance with division (R) of section 4141.01 and 5,685
section 4141.30 of the Revised Code. Benefit charges for both 5,686
seasonal and nonseasonal employment shall be computed and charged 5,687
in accordance with division (D) of section 4141.24 of the Revised 5,688
Code, except that benefit charges for weeks of unemployment that 5,689
occurred outside a seasonal employer's seasonal period, as 5,690
determined by the administrator pursuant to division (A) of this 5,691
section, shall not be charged to the account of that seasonal 5,692
employer but shall instead be charged to the mutualized account 5,693
established pursuant to division (D) of section 4141.25 of the 5,695
Revised Code. The total seasonal and nonseasonal benefits during 5,696
a benefit year cannot exceed twenty-six times the weekly benefit 5,697
amount. 5,698
(D) Benefits shall not be paid to any individual on the 5,700
basis of any services, substantially all of which consist of 5,701
participating in sports or athletic events or training or 5,702
preparing to so participate, for any week which commences during 5,703
the period between two successive sport seasons, or similar 5,704
periods, if the individual performed services in the first of the 5,705
seasons, or similar periods, and there is a reasonable assurance 5,706
that the individual will perform services in the later of the 5,707
seasons, or similar periods. 5,708
(1)(B) The term "reasonable assurance" as used in this 5,710
division SECTION means a written, verbal, or implied agreement 5,711
138
that the individual will perform services in the same or similar 5,713
capacity during the ensuing sports season. 5,714
(2)(C) The administrator shall adopt rules concerning the 5,716
eligibility for benefits of individuals under this division 5,717
SECTION. 5,718
(D) Notwithstanding division (A) of this section, the Ohio 5,721
expositions commission is a "seasonal employer" for purposes of 5,722
this chapter.
Sec. 4141.35. (A) If the administrator of the bureau of 5,731
employment services finds that any fraudulent misrepresentation 5,732
has been made by an applicant for or a recipient of benefits with 5,733
the object of obtaining benefits to which he THE APPLICANT OR 5,734
RECIPIENT was not entitled, and in addition to any other penalty 5,736
or forfeiture under this chapter, then the administrator: 5,737
(1) Shall within four years after the end of the benefit 5,739
year in which the fraudulent misrepresentation was made reject or 5,740
cancel such person's entire weekly claim for benefits that was 5,741
fraudulently claimed, or his THE PERSON'S entire benefit rights 5,742
if the misrepresentation was in connection with the filing of the 5,744
claimant's application for determination of benefit rights; 5,745
(2) Shall by order declare that, for each application for 5,747
benefit rights and for each weekly claim canceled, such person 5,748
shall be ineligible for two otherwise valid weekly claims for 5,749
benefits, claimed within six years subsequent to the discovery of 5,750
such misrepresentation; 5,751
(3) Shall by BY order SHALL require that the total amount 5,754
of benefits rejected or canceled under division (A)(1) of this 5,755
section be repaid to the bureau of employment services before 5,756
such person may become eligible for further benefits, and shall 5,757
withhold such unpaid sums from future benefit payments accruing 5,758
and otherwise payable to such claimant. Effective with orders 5,759
issued on or after January 1, 1993, if such benefits are not 5,760
repaid within thirty days after the administrator's order becomes 5,761
final, interest on the amount remaining unpaid shall be charged 5,762
139
to the person at a rate and calculated in the same manner as 5,763
provided under section 4141.23 of the Revised Code. When a 5,764
person ordered to repay benefits has repaid all overpaid benefits 5,765
according to a plan approved by the administrator, the 5,766
administrator may cancel the amount of interest that accrued 5,767
during the period of the repayment plan. The administrator may 5,768
take action in the courts of this state to collect benefits and 5,769
interest as provided in sections 4141.23 and 4141.27 of the 5,770
Revised Code, in regard to the collection of unpaid 5,771
contributions, using the final repayment order as the basis for 5,772
such action. No administrative or legal proceedings for the 5,773
collection of such benefits or interest due shall be initiated 5,774
after the expiration of six years from the date on which the 5,775
administrator's order requiring repayment became final and the 5,776
amount of any benefits or interest not recovered at that time, 5,777
and any liens thereon, shall be canceled as uncollectible. 5,778
(4) May take action to collect benefits fraudulently 5,780
obtained under the unemployment compensation law of any other 5,781
state or the United States or Canada. Such action may be 5,782
initiated in the courts of this state in the same manner as 5,783
provided for unpaid contributions in section 4141.41 of the 5,784
Revised Code. 5,785
(5) May take action to collect benefits that have been 5,787
fraudulently obtained from the bureau, interest pursuant to 5,788
division (A)(3) of this section, and court costs, through 5,789
attachment proceedings under Chapter 2715. of the Revised Code 5,790
and garnishment proceedings under Chapter 2716. of the Revised 5,791
Code. 5,792
(B) If the administrator finds that an applicant for 5,794
benefits has been credited with a waiting period or paid benefits 5,795
to which the applicant was not entitled for reasons other than 5,796
fraudulent misrepresentation, the administrator shall: 5,798
(1)(a) Within six months after the determination under 5,801
which the claimant was credited with that waiting period or paid 5,802
140
benefits becomes final pursuant to section 4141.28 of the Revised 5,803
Code, or within three years after the end of the benefit year in 5,804
which such benefits were claimed, whichever is later, by order 5,805
cancel such waiting period and require that such benefits be 5,806
repaid to the bureau of employment services or be withheld from 5,807
any benefits to which such applicant is or may become entitled 5,808
before any additional benefits are paid, provided that the 5,809
repayment or withholding shall not be required where the 5,810
overpayment is the result of the administrator's correcting or 5,811
amending a prior decision due to a typographical or clerical 5,812
error in the administrator's prior decision, or an error in an 5,813
employer's report under division (G)(2) of section 4141.28 of the 5,814
Revised Code.
(b) The limitation specified in division (B)(1)(a) of this 5,816
section shall not apply to cases involving the retroactive 5,817
payment of remuneration covering periods for which benefits were 5,818
previously paid to the claimant. However, in such cases, the 5,819
administrator's order requiring repayment shall not be issued 5,820
unless the administrator is notified of such retroactive payment 5,821
within six months from the date the retroactive payment was made 5,822
to the claimant. 5,823
(2) The administrator may, by reciprocal agreement with 5,825
the United States secretary of labor or another state, recover 5,826
overpayment amounts from unemployment benefits otherwise payable 5,827
to an individual under Chapter 4141. of the Revised Code. Any 5,828
overpayments made to the individual that have not previously been 5,829
recovered under an unemployment benefit program of the United 5,830
States may be recovered in accordance with section 303(g) of the 5,831
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the 5,832
"Federal Unemployment Tax Act," Pub. L. 99-272 53 STAT. 183 5,834
(1939), 26 U.S.C.A. 3301 TO 3311.
(3) If the amounts required to be repaid under division 5,836
(B) of this section are not recovered within three years from the 5,837
date the administrator's order requiring payment became final, 5,838
141
initiate no further action to collect such benefits and the 5,839
amount of any benefits not recovered at that time shall be 5,840
canceled as uncollectible. 5,841
(C) The reconsideration and appeal provisions of section 5,843
4141.28 of the Revised Code shall apply to all orders and 5,844
determinations issued under this section, except that an 5,845
individual's right of appeal under division (B)(2) of this 5,846
section shall be limited to this state's authority to recover 5,847
overpayment of benefits. 5,848
(D) If an individual makes a full repayment or a repayment 5,850
that is less than the full amount required by this section, the 5,851
administrator shall apply the repayment to the mutualized account 5,852
under division (D)(B) of section 4141.25 of the Revised Code, 5,853
except that the administrator shall credit the repayment to the 5,855
accounts of the individual's base period employers that 5,856
previously have not been credited for the amount of improperly 5,857
paid benefits charged against their accounts based on the 5,858
proportion of benefits charged against the accounts as determined 5,859
pursuant to division (D) of section 4141.24 and division (B) or 5,860
(C) of section 4141.33 of the Revised Code. 5,861
The administrator shall deposit any repayment collected 5,863
under this section that the administrator determines to be 5,864
payment of interest or court costs into the unemployment 5,866
compensation special administrative fund established pursuant to 5,867
section 4141.11 of the Revised Code. 5,868
Sec. 4141.43. (A) The administrator of the bureau of 5,879
employment services may cooperate with the industrial commission, 5,880
the bureau of workers' compensation, the United States internal 5,882
revenue service, the United States employment service, the 5,883
department of human services, and other similar departments and 5,884
agencies, as determined by the administrator, in the exchange or 5,885
disclosure of information as to wages, employment, payrolls, 5,886
unemployment, and other information. The administrator may 5,887
employ, jointly with one or more of such agencies or departments, 5,888
142
auditors, examiners, inspectors, and other employees necessary 5,889
for the administration of this chapter and employment and 5,890
training services for workers in the state. 5,891
(B) The administrator may make the state's record relating 5,893
to the administration of this chapter available to the railroad 5,894
retirement board and may furnish the board at the board's expense 5,895
such copies thereof as the board deems necessary for its 5,896
purposes. 5,897
(C) The administrator may afford reasonable cooperation 5,899
with every agency of the United States charged with the 5,900
administration of any unemployment compensation law. 5,901
(D) The administrator may enter into arrangements with the 5,903
appropriate agencies of other states or of the United States or 5,904
Canada whereby individuals performing services in this and other 5,905
states for a single employer under circumstances not specifically 5,906
provided for in division (B) of section 4141.01 of the Revised 5,907
Code or in similar provisions in the unemployment compensation 5,908
laws of such other states shall be deemed to be engaged in 5,909
employment performed entirely within this state or within one of 5,910
such other states or within Canada, and whereby potential rights 5,911
to benefits accumulated under the unemployment compensation laws 5,912
of several states or under such a law of the United States, or 5,913
both, or of Canada may constitute the basis for the payment of 5,914
benefits through a single appropriate agency under terms that the 5,915
administrator finds will be fair and reasonable as to all 5,916
affected interests and will not result in any substantial loss to 5,917
the unemployment compensation fund. 5,918
(E) The administrator may enter into agreements with the 5,920
appropriate agencies of other states or of the United States or 5,921
Canada: 5,922
(1) Whereby services or wages upon the basis of which an 5,924
individual may become entitled to benefits under the unemployment 5,925
compensation law of another state or of the United States or 5,926
Canada shall be deemed to be employment or wages for employment 5,927
143
by employers for the purposes of qualifying claimants for 5,928
benefits under this chapter, and the administrator may estimate 5,929
the number of weeks of employment represented by the wages 5,930
reported to the administrator for such claimants by such other 5,931
agency, provided such other state agency or agency of the United 5,933
States or Canada has agreed to reimburse the unemployment 5,934
compensation fund for such portion of benefits paid under this 5,935
chapter upon the basis of such services or wages as the 5,936
administrator finds will be fair and reasonable as to all 5,937
affected interests;
(2) Whereby the administrator will reimburse other state 5,939
or federal or Canadian agencies charged with the administration 5,940
of unemployment compensation laws with such reasonable portion of 5,941
benefits, paid under the law of such other states or of the 5,942
United States or of Canada upon the basis of employment or wages 5,943
for employment by employers, as the administrator finds will be 5,944
fair and reasonable as to all affected interests. Reimbursements 5,945
so payable shall be deemed to be benefits for the purpose of 5,946
section 4141.09 and division (A) of section 4141.30 of the 5,947
Revised Code. However, no reimbursement so payable shall be 5,948
charged against any employer's account for the purposes of 5,949
section 4141.24 of the Revised Code if the employer's account, 5,950
under the same or similar circumstances, with respect to benefits 5,951
charged under the provisions of this chapter, other than this 5,953
section, would not be charged or, if the claimant at the time the 5,954
claimant files the combined wage claim cannot establish benefit 5,955
rights under this chapter. This noncharging shall not be 5,956
applicable to a nonprofit organization that has elected to make 5,957
payments in lieu of contributions under section 4141.241 of the 5,958
Revised Code, except as provided in division (C) of section 5,959
4141.33 of the Revised Code. The administrator may make to other 5,960
state or federal or Canadian agencies and receive from such other 5,961
state or federal or Canadian agencies reimbursements from or to 5,962
the unemployment compensation fund, in accordance with 5,963
144
arrangements pursuant to this section. 5,964
(3) Notwithstanding division (B)(2)(f) of section 4141.01 5,966
of the Revised Code, the administrator may enter into agreements 5,967
with other states whereby services performed for a crew leader, 5,968
as defined in division (BB) of section 4141.01 of the Revised 5,969
Code, may be covered in the state in which the crew leader 5,970
either: 5,971
(a) Has his or her THE CREW LEADER'S place of business or 5,973
from which his or her THE CREW LEADER'S business is operated or 5,975
controlled;
(b) Has his or her residence RESIDES if he or she THE CREW 5,978
LEADER has no place of business in any state. 5,979
(F) The administrator may apply for an advance to the 5,981
unemployment compensation fund and do all things necessary or 5,982
required to obtain such advance and arrange for the repayment of 5,983
such advance in accordance with Title XII of the "Social Security 5,984
Act" as amended. 5,985
(G) The administrator may enter into reciprocal agreements 5,987
or arrangements with the appropriate agencies of other states in 5,988
regard to services on vessels engaged in interstate or foreign 5,989
commerce whereby such services for a single employer, wherever 5,990
performed, shall be deemed performed within this state or within 5,991
such other states. 5,992
(H) The administrator shall participate in any 5,994
arrangements for the payment of compensation on the basis of 5,995
combining an individual's wages and employment, covered under 5,996
this chapter, with the individual's wages and employment covered 5,997
under the unemployment compensation laws of other states which 5,999
are approved by the United States secretary of labor in 6,000
consultation with the state unemployment compensation agencies as 6,001
reasonably calculated to assure the prompt and full payment of 6,002
compensation in such situations and which include provisions for: 6,003
(1) Applying the base period of a single state law to a 6,005
claim involving the combining of an individual's wages and 6,006
145
employment covered under two or more state unemployment 6,007
compensation laws, and 6,008
(2) Avoiding the duplicate use of wages and employment by 6,010
reason of such combining. 6,011
(I) The administrator shall cooperate with the United 6,013
States department of labor to the fullest extent consistent with 6,014
this chapter, and shall take such action, through the adoption of 6,015
appropriate rules, regulations, and administrative methods and 6,016
standards, as may be necessary to secure to this state and its 6,017
citizens all advantages available under the provisions of the 6,018
"Social Security Act" that relate to unemployment compensation, 6,019
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26 6,020
U.S.C.A. 3301 TO 3311, the "Wagner-Peyser Act," (1933) 48 Stat. 6,022
113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment 6,023
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306. 6,024
Section 2. That existing sections 2743.55, 4141.01, 6,026
4141.05, 4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 6,027
4141.21, 4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 6,029
4141.29, 4141.291, 4141.301, 4141.312, 4141.33, 4141.35, and
4141.43 and sections 4141.043 and 4141.251 of the Revised Code 6,032
are hereby repealed.
Section 3. Section 4141.29 of the Revised Code is 6,034
presented in this act as a composite of the section as amended by 6,035
both Am. Sub. H.B. 571 and S.B. 303 of the 120th General 6,036
Assembly, with the new language of neither of the acts shown in 6,037
capital letters. Section 4141.33 of the Revised Code is 6,038
presented in this act as a composite of the section as amended by
both Am. Sub. H.B. 152 and Sub. S.B. 154 of the 120th General 6,039
Assembly, with the new language of neither of the acts shown in 6,040
capital letters. Section 4141.43 of the Revised Code is 6,041
presented in this act as a composite of the section as amended by 6,042
both Am. Sub. S.B. 162 and Am. Sub. H.B. 275 of the 121st General 6,043
Assembly, with the new language of neither of the acts shown in 6,045
capital letters. This is in recognition of the principle stated 6,046
146
in division (B) of section 1.52 of the Revised Code that such 6,047
amendments are to be harmonized where not substantively 6,048
irreconcilable and constitutes a legislative finding that such is 6,049
the resulting version in effect prior to the effective date of 6,050
this act.