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To amend sections 4141.01, 4141.11, 4141.131, | 1 |
4141.24, 4141.242, 4141.25, 4141.26, 4141.28, | 2 |
4141.282, 4141.283, 4141.29, 4141.301, 4141.31, | 3 |
4141.312, and 4141.99, to enact sections 4141.292 | 4 |
and 4141.48, and to repeal section 4141.311 of the | 5 |
Revised Code to conform state law to federal | 6 |
requirements in the establishment of civil and | 7 |
criminal penalties for manipulating payroll and | 8 |
business transfer information to obtain lower | 9 |
contribution rates and in the treatment of Indian | 10 |
tribes as employers, to establish a state disaster | 11 |
unemployment benefit payment to pay the first week | 12 |
of an individual's unemployment caused by a major | 13 |
disaster, to make changes involving the appeal | 14 |
process for claims under the unemployment | 15 |
compensation law, and to make various changes in | 16 |
the administration of the unemployment | 17 |
compensation law. | 18 |
Section 1. That sections 4141.01, 4141.11, 4141.131, 4141.24, | 19 |
4141.242, 4141.25, 4141.26, 4141.28, 4141.282, 4141.283, 4141.29, | 20 |
4141.301, 4141.31, 4141.312, and 4141.99 be amended and sections | 21 |
4141.292 and 4141.48 of the Revised Code be enacted to read as | 22 |
follows: | 23 |
Sec. 4141.01. As used in this chapter, unless the context | 24 |
otherwise requires: | 25 |
(A)(1) "Employer" means the state, its instrumentalities, its | 26 |
political subdivisions and their instrumentalities, Indian tribes, | 27 |
and any individual or type of organization including any | 28 |
partnership, limited liability company, association, trust, | 29 |
estate, joint-stock company, insurance company, or corporation, | 30 |
whether domestic or foreign, or the receiver, trustee in | 31 |
bankruptcy, trustee, or the successor thereof, or the legal | 32 |
representative of a deceased person who subsequent to December 31, | 33 |
1971, or in the case of political subdivisions or their | 34 |
instrumentalities, subsequent to December 31, 1973: | 35 |
(a) Had in employment at least one individual, or in the case | 36 |
of a nonprofit organization, subsequent to December 31, 1973, had | 37 |
not less than four individuals in employment for some portion of a | 38 |
day in each of twenty different calendar weeks, in either the | 39 |
current or the preceding calendar year whether or not the same | 40 |
individual was in employment in each such day; or | 41 |
(b) Except for a nonprofit organization, had paid for service | 42 |
in employment wages of fifteen hundred dollars or more in any | 43 |
calendar quarter in either the current or preceding calendar year; | 44 |
or | 45 |
(c) Had paid, subsequent to December 31, 1977, for employment | 46 |
in domestic service in a local college club, or local chapter of a | 47 |
college fraternity or sorority, cash remuneration of one thousand | 48 |
dollars or more in any calendar quarter in the current calendar | 49 |
year or the preceding calendar year, or had paid subsequent to | 50 |
December 31, 1977, for employment in domestic service in a private | 51 |
home cash remuneration of one thousand dollars in any calendar | 52 |
quarter in the current calendar year or the preceding calendar | 53 |
year: | 54 |
(i) For the purposes of divisions (A)(1)(a) and (b) of this | 55 |
section, there shall not be taken into account any wages paid to, | 56 |
or employment of, an individual performing domestic service as | 57 |
described in this division. | 58 |
(ii) An employer under this division shall not be an employer | 59 |
with respect to wages paid for any services other than domestic | 60 |
service unless the employer is also found to be an employer under | 61 |
division (A)(1)(a), (b), or (d) of this section. | 62 |
(d) As a farm operator or a crew leader subsequent to | 63 |
December 31, 1977, had in employment individuals in agricultural | 64 |
labor; and | 65 |
(i) During any calendar quarter in the current calendar year | 66 |
or the preceding calendar year, paid cash remuneration of twenty | 67 |
thousand dollars or more for the agricultural labor; or | 68 |
(ii) Had at least ten individuals in employment in | 69 |
agricultural labor, not including agricultural workers who are | 70 |
aliens admitted to the United States to perform agricultural labor | 71 |
pursuant to sections | 72 |
1101(a)(15)(H) of the "Immigration and Nationality Act," 66 Stat. | 73 |
163, 189, 8 U.S.C.A. 1101(a)(15)(H)(ii)(a), 1184(c), for some | 74 |
portion of a day in each of the twenty different calendar weeks, | 75 |
in either the current or preceding calendar year whether or not | 76 |
the same individual was in employment in each day; or | 77 |
(e) Is not otherwise an employer as defined under division | 78 |
(A)(1)(a) or (b) of this section; and | 79 |
(i) For which, within either the current or preceding | 80 |
calendar year, service, except for domestic service in a private | 81 |
home not covered under division (A)(1)(c) of this section, is or | 82 |
was performed with respect to which such employer is liable for | 83 |
any federal tax against which credit may be taken for | 84 |
contributions required to be paid into a state unemployment fund; | 85 |
(ii) Which, as a condition for approval of this chapter for | 86 |
full tax credit against the tax imposed by the "Federal | 87 |
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is | 88 |
required, pursuant to such act to be an employer under this | 89 |
chapter; or | 90 |
(iii) Who became an employer by election under division | 91 |
(A)(4) or (5) of this section and for the duration of such | 92 |
election; or | 93 |
(f) In the case of the state, its instrumentalities, its | 94 |
political subdivisions, and their instrumentalities, and Indian | 95 |
tribes, had in
employment, as defined in | 96 |
(B)(2)(a) and (B)(2)(l) of this section, at least one individual; | 97 |
(g) For the purposes of division (A)(1)(a) of this section, | 98 |
if any week includes both the thirty-first day of December and the | 99 |
first day of January, the days of that week before the first day | 100 |
of January shall be considered one calendar week and the days | 101 |
beginning the first day of January another week. | 102 |
(2) Each individual employed to perform or to assist in | 103 |
performing the work of any agent or employee of an employer is | 104 |
employed by such employer for all the purposes of this chapter, | 105 |
whether such individual was hired or paid directly by such | 106 |
employer or by such agent or employee, provided the employer had | 107 |
actual or constructive knowledge of the work. All individuals | 108 |
performing services for an employer of any person in this state | 109 |
who maintains two or more establishments within this state are | 110 |
employed by a single employer for the purposes of this chapter. | 111 |
(3) An employer subject to this chapter within any calendar | 112 |
year is subject to this chapter during the whole of such year and | 113 |
during the next succeeding calendar year. | 114 |
(4) An employer not otherwise subject to this chapter who | 115 |
files with the director of job and family services a written | 116 |
election to become an employer subject to this chapter for not | 117 |
less than two calendar years shall, with the written approval of | 118 |
such election by the director, become an employer subject to this | 119 |
chapter to the same extent as all other employers as of the date | 120 |
stated in such approval, and shall cease to be subject to this | 121 |
chapter as of the first day of January of any calendar year | 122 |
subsequent to such two calendar years only if at least thirty days | 123 |
prior to such first day of January the employer has filed with the | 124 |
director a written notice to that effect. | 125 |
(5) Any employer for whom services that do not constitute | 126 |
employment are performed may file with the director a written | 127 |
election that all such services performed by individuals in the | 128 |
employer's employ in one or more distinct establishments or places | 129 |
of business shall be deemed to constitute employment for all the | 130 |
purposes of this chapter, for not less than two calendar years. | 131 |
Upon written approval of the election by the director, such | 132 |
services shall be deemed to constitute employment subject to this | 133 |
chapter from and after the date stated in such approval. Such | 134 |
services shall cease to be employment subject to this chapter as | 135 |
of the first day of January of any calendar year subsequent to | 136 |
such two calendar years only if at least thirty days prior to such | 137 |
first day of January such employer has filed with the director a | 138 |
written notice to that effect. | 139 |
(B)(1) "Employment" means service performed by an individual | 140 |
for remuneration under any contract of hire, written or oral, | 141 |
express or implied, including service performed in interstate | 142 |
commerce and service performed by an officer of a corporation, | 143 |
without regard to whether such service is executive, managerial, | 144 |
or manual in nature, and without regard to whether such officer is | 145 |
a stockholder or a member of the board of directors of the | 146 |
corporation, unless it is shown to the satisfaction of the | 147 |
director that such individual has been and will continue to be | 148 |
free from direction or control over the performance of such | 149 |
service, both under a contract of service and in fact. The | 150 |
director shall adopt rules to define "direction or control." | 151 |
(2) "Employment" includes: | 152 |
(a) Service performed after December 31, 1977, by an | 153 |
individual in the employ of the state or any of its | 154 |
instrumentalities, or any political subdivision thereof or any of | 155 |
its instrumentalities or any instrumentality of more than one of | 156 |
the foregoing or any instrumentality of any of the foregoing and | 157 |
one or more other states or political subdivisions and without | 158 |
regard to divisions (A)(1)(a) and (b) of this section, provided | 159 |
that such service is excluded from employment as defined in the | 160 |
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, | 161 |
3306(c)(7) and is not excluded under division (B)(3) of this | 162 |
section; or the services of employees covered by voluntary | 163 |
election, as provided under divisions (A)(4) and (5) of this | 164 |
section; | 165 |
(b) Service performed after December 31, 1971, by an | 166 |
individual in the employ of a religious, charitable, educational, | 167 |
or other organization which is excluded from the term "employment" | 168 |
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26 | 169 |
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A. | 170 |
3306(c)(8) of that act and is not excluded under division (B)(3) | 171 |
of this section; | 172 |
(c) Domestic service performed after December 31, 1977, for | 173 |
an employer, as provided in division (A)(1)(c) of this section; | 174 |
(d) Agricultural labor performed after December 31, 1977, for | 175 |
a farm operator or a crew leader, as provided in division | 176 |
(A)(1)(d) of this section; | 177 |
(e) Service not covered under division (B)(1) of this section | 178 |
which is performed after December 31, 1971: | 179 |
(i) As an agent-driver or commission-driver engaged in | 180 |
distributing meat products, vegetable products, fruit products, | 181 |
bakery products, beverages other than milk, laundry, or | 182 |
dry-cleaning services, for the individual's employer or principal; | 183 |
(ii) As a traveling or city salesperson, other than as an | 184 |
agent-driver or commission-driver, engaged on a full-time basis in | 185 |
the solicitation on behalf of and in the transmission to the | 186 |
salesperson's employer or principal except for sideline sales | 187 |
activities on behalf of some other person of orders from | 188 |
wholesalers, retailers, contractors, or operators of hotels, | 189 |
restaurants, or other similar establishments for merchandise for | 190 |
resale, or supplies for use in their business operations, provided | 191 |
that for the purposes of division (B)(2)(e)(ii) of this section, | 192 |
the services shall be deemed employment if the contract of service | 193 |
contemplates that substantially all of the services are to be | 194 |
performed personally by the individual and that the individual | 195 |
does not have a substantial investment in facilities used in | 196 |
connection with the performance of the services other than in | 197 |
facilities for transportation, and the services are not in the | 198 |
nature of a single transaction that is not a part of a continuing | 199 |
relationship with the person for whom the services are performed. | 200 |
(f) An individual's entire service performed within or both | 201 |
within and without the state if: | 202 |
(i) The service is localized in this state. | 203 |
(ii) The service is not localized in any state, but some of | 204 |
the service is performed in this state and either the base of | 205 |
operations, or if there is no base of operations then the place | 206 |
from which such service is directed or controlled, is in this | 207 |
state or the base of operations or place from which such service | 208 |
is directed or controlled is not in any state in which some part | 209 |
of the service is performed but the individual's residence is in | 210 |
this state. | 211 |
(g) Service not covered under division (B)(2)(f)(ii) of this | 212 |
section and performed entirely without this state, with respect to | 213 |
no part of which contributions are required and paid under an | 214 |
unemployment compensation law of any other state, the Virgin | 215 |
Islands, Canada, or of the United States, if the individual | 216 |
performing such service is a resident of this state and the | 217 |
director approves the election of the employer for whom such | 218 |
services are performed; or, if the individual is not a resident of | 219 |
this state but the place from which the service is directed or | 220 |
controlled is in this state, the entire services of such | 221 |
individual shall be deemed to be employment subject to this | 222 |
chapter, provided service is deemed to be localized within this | 223 |
state if the service is performed entirely within this state or if | 224 |
the service is performed both within and without this state but | 225 |
the service performed without this state is incidental to the | 226 |
individual's service within the state, for example, is temporary | 227 |
or transitory in nature or consists of isolated transactions; | 228 |
(h) Service of an individual who is a citizen of the United | 229 |
States, performed outside the United States except in Canada after | 230 |
December 31, 1971, or the Virgin Islands, after December 31, 1971, | 231 |
and before the first day of January of the year following that in | 232 |
which the United States secretary of labor approves the Virgin | 233 |
Islands law for the first time, in the employ of an American | 234 |
employer, other than service which is "employment" under divisions | 235 |
(B)(2)(f) and (g) of this section or similar provisions of another | 236 |
state's law, if: | 237 |
(i) The employer's principal place of business in the United | 238 |
States is located in this state; | 239 |
(ii) The employer has no place of business in the United | 240 |
States, but the employer is an individual who is a resident of | 241 |
this state; or the employer is a corporation which is organized | 242 |
under the laws of this state, or the employer is a partnership or | 243 |
a trust and the number of partners or trustees who are residents | 244 |
of this state is greater than the number who are residents of any | 245 |
other state; or | 246 |
(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii) | 247 |
of this section is met but the employer has elected coverage in | 248 |
this state or the employer having failed to elect coverage in any | 249 |
state, the individual has filed a claim for benefits, based on | 250 |
such service, under this chapter. | 251 |
(i) For the purposes of division (B)(2)(h) of this section, | 252 |
the term "American employer" means an employer who is an | 253 |
individual who is a resident of the United States; or a | 254 |
partnership, if two-thirds or more of the partners are residents | 255 |
of the United States; or a trust, if all of the trustees are | 256 |
residents of the United States; or a corporation organized under | 257 |
the laws of the United States or of any state, provided the term | 258 |
"United States" includes the states, the District of Columbia, the | 259 |
Commonwealth of Puerto Rico, and the Virgin Islands. | 260 |
(j) Notwithstanding any other provisions of divisions (B)(1) | 261 |
and (2) of this section, service, except for domestic service in a | 262 |
private home not covered under division (A)(1)(c) of this section, | 263 |
with respect to which a tax is required to be paid under any | 264 |
federal law imposing a tax against which credit may be taken for | 265 |
contributions required to be paid into a state unemployment fund, | 266 |
or service, except for domestic service in a private home not | 267 |
covered under division (A)(1)(c) of this section, which, as a | 268 |
condition for full tax credit against the tax imposed by the | 269 |
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to | 270 |
3311, is required to be covered under this chapter. | 271 |
(k) Construction services performed by any individual under a | 272 |
construction contract, as defined in section 4141.39 of the | 273 |
Revised Code, if the director determines that the employer for | 274 |
whom services are performed has the right to direct or control the | 275 |
performance of the services and that the individuals who perform | 276 |
the services receive remuneration for the services performed. The | 277 |
director shall presume that the employer for whom services are | 278 |
performed has the right to direct or control the performance of | 279 |
the services if ten or more of the following criteria apply: | 280 |
(i) The employer directs or controls the manner or method by | 281 |
which instructions are given to the individual performing | 282 |
services; | 283 |
(ii) The employer requires particular training for the | 284 |
individual performing services; | 285 |
(iii) Services performed by the individual are integrated | 286 |
into the regular functioning of the employer; | 287 |
(iv) The employer requires that services be provided by a | 288 |
particular individual; | 289 |
(v) The employer hires, supervises, or pays the wages of the | 290 |
individual performing services; | 291 |
(vi) A continuing relationship between the employer and the | 292 |
individual performing services exists which contemplates | 293 |
continuing or recurring work, even if not full-time work; | 294 |
(vii) The employer requires the individual to perform | 295 |
services during established hours; | 296 |
(viii) The employer requires that the individual performing | 297 |
services be devoted on a full-time basis to the business of the | 298 |
employer; | 299 |
(ix) The employer requires the individual to perform services | 300 |
on the employer's premises; | 301 |
(x) The employer requires the individual performing services | 302 |
to follow the order of work established by the employer; | 303 |
(xi) The employer requires the individual performing services | 304 |
to make oral or written reports of progress; | 305 |
(xii) The employer makes payment to the individual for | 306 |
services on a regular basis, such as hourly, weekly, or monthly; | 307 |
(xiii) The employer pays expenses for the individual | 308 |
performing services; | 309 |
(xiv) The employer furnishes the tools and materials for use | 310 |
by the individual to perform services; | 311 |
(xv) The individual performing services has not invested in | 312 |
the facilities used to perform services; | 313 |
(xvi) The individual performing services does not realize a | 314 |
profit or suffer a loss as a result of the performance of the | 315 |
services; | 316 |
(xvii) The individual performing services is not performing | 317 |
services for more than two employers simultaneously; | 318 |
(xviii) The individual performing services does not make the | 319 |
services available to the general public; | 320 |
(xix) The employer has a right to discharge the individual | 321 |
performing services; | 322 |
(xx) The individual performing services has the right to end | 323 |
the individual's relationship with the employer without incurring | 324 |
liability pursuant to an employment contract or agreement. | 325 |
(l) Service performed by an individual in the employ of an | 326 |
Indian tribe as defined by section 4(e) of the "Indian | 327 |
Self-Determination and Education Assistance Act," 88 Stat. 2204 | 328 |
(1975), 25 U.S.C.A. 450b(e), including any subdivision, | 329 |
subsidiary, or business enterprise wholly owned by an Indian tribe | 330 |
provided that the service is excluded from employment as defined | 331 |
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26 | 332 |
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division | 333 |
(B)(3) of this section. | 334 |
(3) "Employment" does not include the following services if | 335 |
they are found not subject to the "Federal Unemployment Tax Act," | 336 |
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services | 337 |
are not required to be included under division (B)(2)(j) of this | 338 |
section: | 339 |
(a) Service performed after December 31, 1977, in | 340 |
agricultural labor, except as provided in division (A)(1)(d) of | 341 |
this section; | 342 |
(b) Domestic service performed after December 31, 1977, in a | 343 |
private home, local college club, or local chapter of a college | 344 |
fraternity or sorority except as provided in division (A)(1)(c) of | 345 |
this section; | 346 |
(c) Service performed after December 31, 1977, for this state | 347 |
or a political subdivision as described in division (B)(2)(a) of | 348 |
this section when performed: | 349 |
(i) As a publicly elected official; | 350 |
(ii) As a member of a legislative body, or a member of the | 351 |
judiciary; | 352 |
(iii) As a military member of the Ohio national guard; | 353 |
(iv) As an employee, not in the classified service as defined | 354 |
in section 124.11 of the Revised Code, serving on a temporary | 355 |
basis in case of fire, storm, snow, earthquake, flood, or similar | 356 |
emergency; | 357 |
(v) In a position which, under or pursuant to law, is | 358 |
designated as a major nontenured policymaking or advisory | 359 |
position, not in the classified service of the state, or a | 360 |
policymaking or advisory position the performance of the duties of | 361 |
which ordinarily does not require more than eight hours per week. | 362 |
(d) In the employ of any governmental unit or instrumentality | 363 |
of the United States; | 364 |
(e) Service performed after December 31, 1971: | 365 |
(i) Service in the employ of an educational institution or | 366 |
institution of higher education, including those operated by the | 367 |
state or a political subdivision, if such service is performed by | 368 |
a student who is enrolled and is regularly attending classes at | 369 |
the educational institution or institution of higher education; or | 370 |
(ii) By an individual who is enrolled at a nonprofit or | 371 |
public educational institution which normally maintains a regular | 372 |
faculty and curriculum and normally has a regularly organized body | 373 |
of students in attendance at the place where its educational | 374 |
activities are carried on as a student in a full-time program, | 375 |
taken for credit at the institution, which combines academic | 376 |
instruction with work experience, if the service is an integral | 377 |
part of the program, and the institution has so certified to the | 378 |
employer, provided that this subdivision shall not apply to | 379 |
service performed in a program established for or on behalf of an | 380 |
employer or group of employers; | 381 |
(f) Service performed by an individual in the employ of the | 382 |
individual's son, daughter, or spouse and service performed by a | 383 |
child under the age of eighteen in the employ of the child's | 384 |
father or mother; | 385 |
(g) Service performed for one or more principals by an | 386 |
individual who is compensated on a commission basis, who in the | 387 |
performance of the work is master of the individual's own time and | 388 |
efforts, and whose remuneration is wholly dependent on the amount | 389 |
of effort the individual chooses to expend, and which service is | 390 |
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183 | 391 |
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December | 392 |
31, 1971: | 393 |
(i) By an individual for an employer as an insurance agent or | 394 |
as an insurance solicitor, if all this service is performed for | 395 |
remuneration solely by way of commission; | 396 |
(ii) As a home worker performing work, according to | 397 |
specifications furnished by the employer for whom the services are | 398 |
performed, on materials or goods furnished by such employer which | 399 |
are required to be returned to the employer or to a person | 400 |
designated for that purpose. | 401 |
(h) Service performed after December 31, 1971: | 402 |
(i) In the employ of a church or convention or association of | 403 |
churches, or in an organization which is operated primarily for | 404 |
religious purposes and which is operated, supervised, controlled, | 405 |
or principally supported by a church or convention or association | 406 |
of churches; | 407 |
(ii) By a duly ordained, commissioned, or licensed minister | 408 |
of a church in the exercise of the individual's ministry or by a | 409 |
member of a religious order in the exercise of duties required by | 410 |
such order; or | 411 |
(iii) In a facility conducted for the purpose of carrying out | 412 |
a program of rehabilitation for individuals whose earning capacity | 413 |
is impaired by age or physical or mental deficiency or injury, or | 414 |
providing remunerative work for individuals who because of their | 415 |
impaired physical or mental capacity cannot be readily absorbed in | 416 |
the competitive labor market, by an individual receiving such | 417 |
rehabilitation or remunerative work; | 418 |
(i) Service performed after June 30, 1939, with respect to | 419 |
which unemployment compensation is payable under the "Railroad | 420 |
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; | 421 |
(j) Service performed by an individual in the employ of any | 422 |
organization exempt from income tax under section 501 of the | 423 |
"Internal Revenue Code of 1954," if the remuneration for such | 424 |
service does not exceed fifty dollars in any calendar quarter, or | 425 |
if such service is in connection with the collection of dues or | 426 |
premiums for a fraternal beneficial society, order, or association | 427 |
and is performed away from the home office or is ritualistic | 428 |
service in connection with any such society, order, or | 429 |
association; | 430 |
(k) Casual labor not in the course of an employer's trade or | 431 |
business; incidental service performed by an officer, appraiser, | 432 |
or member of a finance committee of a bank, building and loan | 433 |
association, savings and loan association, or savings association | 434 |
when the remuneration for such incidental service exclusive of the | 435 |
amount paid or allotted for directors' fees does not exceed sixty | 436 |
dollars per calendar quarter is casual labor; | 437 |
(l) Service performed in the employ of a voluntary employees' | 438 |
beneficial association providing for the payment of life, | 439 |
sickness, accident, or other benefits to the members of such | 440 |
association or their dependents or their designated beneficiaries, | 441 |
if admission to a membership in such association is limited to | 442 |
individuals who are officers or employees of a municipal or public | 443 |
corporation, of a political subdivision of the state, or of the | 444 |
United States and no part of the net earnings of such association | 445 |
inures, other than through such payments, to the benefit of any | 446 |
private shareholder or individual; | 447 |
(m) Service performed by an individual in the employ of a | 448 |
foreign government, including service as a consular or other | 449 |
officer or employee or of a nondiplomatic representative; | 450 |
(n) Service performed in the employ of an instrumentality | 451 |
wholly owned by a foreign government if the service is of a | 452 |
character similar to that performed in foreign countries by | 453 |
employees of the United States or of an instrumentality thereof | 454 |
and if the director finds that the secretary of state of the | 455 |
United States has certified to the secretary of the treasury of | 456 |
the United States that the foreign government, with respect to | 457 |
whose instrumentality exemption is claimed, grants an equivalent | 458 |
exemption with respect to similar service performed in the foreign | 459 |
country by employees of the United States and of instrumentalities | 460 |
thereof; | 461 |
(o) Service with respect to which unemployment compensation | 462 |
is payable under an unemployment compensation system established | 463 |
by an act of congress; | 464 |
(p) Service performed as a student nurse in the employ of a | 465 |
hospital or a nurses' training school by an individual who is | 466 |
enrolled and is regularly attending classes in a nurses' training | 467 |
school chartered or approved pursuant to state law, and service | 468 |
performed as an intern in the employ of a hospital by an | 469 |
individual who has completed a four years' course in a medical | 470 |
school chartered or approved pursuant to state law; | 471 |
(q) Service performed by an individual under the age of | 472 |
eighteen in the delivery or distribution of newspapers or shopping | 473 |
news, not including delivery or distribution to any point for | 474 |
subsequent delivery or distribution; | 475 |
(r) Service performed in the employ of the United States or | 476 |
an instrumentality of the United States immune under the | 477 |
Constitution of the United States from the contributions imposed | 478 |
by this chapter, except that to the extent that congress permits | 479 |
states to require any instrumentalities of the United States to | 480 |
make payments into an unemployment fund under a state unemployment | 481 |
compensation act, this chapter shall be applicable to such | 482 |
instrumentalities and to services performed for such | 483 |
instrumentalities in the same manner, to the same extent, and on | 484 |
the same terms as to all other employers, individuals, and | 485 |
services, provided that if this state is not certified for any | 486 |
year by the proper agency of the United States under section 3304 | 487 |
of the "Internal Revenue Code of 1954," the payments required of | 488 |
such instrumentalities with respect to such year shall be refunded | 489 |
by the director from the fund in the same manner and within the | 490 |
same period as is provided in division (E) of section 4141.09 of | 491 |
the Revised Code with respect to contributions erroneously | 492 |
collected; | 493 |
(s) Service performed by an individual as a member of a band | 494 |
or orchestra, provided such service does not represent the | 495 |
principal occupation of such individual, and which service is not | 496 |
subject to or required to be covered for full tax credit against | 497 |
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. | 498 |
183 (1939), 26 U.S.C.A. 3301 to 3311. | 499 |
500 | |
501 | |
502 | |
503 | |
504 | |
505 | |
506 |
(t) Service performed in the employ of a day camp whose | 507 |
camping season does not exceed twelve weeks in any calendar year, | 508 |
and which service is not subject to the "Federal Unemployment Tax | 509 |
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service | 510 |
performed after December 31, 1971: | 511 |
(i) In the employ of a hospital, if the service is performed | 512 |
by a patient of the hospital, as defined in division (W) of this | 513 |
section; | 514 |
(ii) For a prison or other correctional institution by an | 515 |
inmate of the prison or correctional institution; | 516 |
(iii) Service performed after December 31, 1977, by an inmate | 517 |
of a custodial institution operated by the state, a political | 518 |
subdivision, or a nonprofit organization. | 519 |
(u) Service that is performed by a nonresident alien | 520 |
individual for the period the individual temporarily is present in | 521 |
the United States as a nonimmigrant under division (F), (J), (M), | 522 |
or (Q) of section 101(a)(15) of the "Immigration and Nationality | 523 |
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded | 524 |
under section 3306(c)(19) of the "Federal Unemployment Tax Act," | 525 |
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. | 526 |
(v) Notwithstanding any other provisions of division (B)(3) | 527 |
of this section, services that are excluded under divisions | 528 |
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded | 529 |
from employment when performed for a nonprofit organization, as | 530 |
defined in division (X) of this section, or for this state or its | 531 |
instrumentalities, or for a political subdivision or its | 532 |
instrumentalities or for Indian tribes; | 533 |
(w) Service that is performed by an individual working as an | 534 |
election official or election worker if the amount of remuneration | 535 |
received by the individual during the calendar year for services | 536 |
as an election official or election worker is less than one | 537 |
thousand dollars; | 538 |
(x) Service performed for an elementary or secondary school | 539 |
that is operated primarily for religious purposes, that is | 540 |
described in subsection 501(c)(3) and exempt from federal income | 541 |
taxation under subsection 501(a) of the Internal Revenue Code, 26 | 542 |
U.S.C.A. 501; | 543 |
(y) Service performed by a person committed to a penal | 544 |
institution. | 545 |
(z) Service performed for an Indian tribe as described in | 546 |
division (B)(2)(l) of this section when performed in any of the | 547 |
following manners: | 548 |
(i) As a publicly elected official; | 549 |
(ii) As a member of an Indian tribal council; | 550 |
(iii) As a member of a legislative or judiciary body; | 551 |
(iv) In a position which, pursuant to Indian tribal law, is | 552 |
designated as a major nontenured policymaking or advisory | 553 |
position, or a policymaking or advisory position where the | 554 |
performance of the duties ordinarily does not require more than | 555 |
eight hours of time per week; | 556 |
(v) As an employee serving on a temporary basis in the case | 557 |
of a fire, storm, snow, earthquake, flood, or similar emergency. | 558 |
(aa) Service performed after December 31, 1971, for a | 559 |
nonprofit organization, this state or its instrumentalities, a | 560 |
political subdivision or its instrumentalities, or an Indian tribe | 561 |
as part of an unemployment work-relief or work-training program | 562 |
assisted or financed in whole or in part by any federal agency or | 563 |
an agency of a state or political subdivision, thereof, by an | 564 |
individual receiving the work-relief or work-training. | 565 |
(4) If the services performed during one half or more of any | 566 |
pay period by an employee for the person employing that employee | 567 |
constitute employment, all the services of such employee for such | 568 |
period shall be deemed to be employment; but if the services | 569 |
performed during more than one half of any such pay period by an | 570 |
employee for the person employing that employee do not constitute | 571 |
employment, then none of the services of such employee for such | 572 |
period shall be deemed to be employment. As used in division | 573 |
(B)(4) of this section, "pay period" means a period, of not more | 574 |
than thirty-one consecutive days, for which payment of | 575 |
remuneration is ordinarily made to the employee by the person | 576 |
employing that employee. Division (B)(4) of this section does not | 577 |
apply to services performed in a pay period by an employee for the | 578 |
person employing that employee, if any of such service is excepted | 579 |
by division (B)(3)(o) of this section. | 580 |
(C) "Benefits" means money payments payable to an individual | 581 |
who has established benefit rights, as provided in this chapter, | 582 |
for loss of remuneration due to the individual's unemployment. | 583 |
(D) "Benefit rights" means the weekly benefit amount and the | 584 |
maximum benefit amount that may become payable to an individual | 585 |
within the individual's benefit year as determined by the | 586 |
director. | 587 |
(E) "Claim for benefits" means a claim for waiting period or | 588 |
benefits for a designated week. | 589 |
(F) "Additional claim" means the first claim for benefits | 590 |
filed following any separation from employment during a benefit | 591 |
year; "continued claim" means any claim other than the first claim | 592 |
for benefits and other than an additional claim. | 593 |
(G)(1) "Wages" means remuneration paid to an employee by each | 594 |
of the employee's employers with respect to employment; except | 595 |
that wages shall not include that part of remuneration paid during | 596 |
any calendar year to an individual by an employer or such | 597 |
employer's predecessor in interest in the same business or | 598 |
enterprise, which in any calendar year is in excess of eight | 599 |
thousand two hundred fifty dollars on and after January 1, 1992; | 600 |
eight thousand five hundred dollars on and after January 1, 1993; | 601 |
eight thousand seven hundred fifty dollars on and after January 1, | 602 |
1994; and nine thousand dollars on and after January 1, 1995. | 603 |
Remuneration in excess of such amounts shall be deemed wages | 604 |
subject to contribution to the same extent that such remuneration | 605 |
is defined as wages under the "Federal Unemployment Tax Act," 84 | 606 |
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The | 607 |
remuneration paid an employee by an employer with respect to | 608 |
employment in another state, upon which contributions were | 609 |
required and paid by such employer under the unemployment | 610 |
compensation act of such other state, shall be included as a part | 611 |
of remuneration in computing the amount specified in this | 612 |
division. | 613 |
(2) Notwithstanding division (G)(1) of this section, if, as | 614 |
of the computation date for any calendar year, the director | 615 |
determines that the level of the unemployment compensation fund is | 616 |
sixty per cent or more below the minimum safe level as defined in | 617 |
section 4141.25 of the Revised Code, then, effective the first day | 618 |
of January of the following calendar year, wages subject to this | 619 |
chapter shall not include that part of remuneration paid during | 620 |
any calendar year to an individual by an employer or such | 621 |
employer's predecessor in interest in the same business or | 622 |
enterprise which is in excess of nine thousand dollars. The | 623 |
increase in the dollar amount of wages subject to this chapter | 624 |
under this division shall remain in effect from the date of the | 625 |
director's determination pursuant to division (G)(2) of this | 626 |
section and thereafter notwithstanding the fact that the level in | 627 |
the fund may subsequently become less than sixty per cent below | 628 |
the minimum safe level. | 629 |
(H)(1) "Remuneration" means all compensation for personal | 630 |
services, including commissions and bonuses and the cash value of | 631 |
all compensation in any medium other than cash, except that in the | 632 |
case of agricultural or domestic service, "remuneration" includes | 633 |
only cash remuneration. Gratuities customarily received by an | 634 |
individual in the course of the individual's employment from | 635 |
persons other than the individual's employer and which are | 636 |
accounted for by such individual to the individual's employer are | 637 |
taxable wages. | 638 |
The reasonable cash value of compensation paid in any medium | 639 |
other than cash shall be estimated and determined in accordance | 640 |
with rules prescribed by the director, provided that | 641 |
"remuneration" does not include: | 642 |
(a) Payments as provided in divisions (b)(2) to (b)(16) of | 643 |
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, | 644 |
26 U.S.C.A. 3301 to 3311, as amended; | 645 |
(b) The payment by an employer, without deduction from the | 646 |
remuneration of the individual in the employer's employ, of the | 647 |
tax imposed upon an individual in the employer's employ under | 648 |
section 3101 of the "Internal Revenue Code of 1954," with respect | 649 |
to services performed after October 1, 1941. | 650 |
(2) "Cash remuneration" means all remuneration paid in cash, | 651 |
including commissions and bonuses, but not including the cash | 652 |
value of all compensation in any medium other than cash. | 653 |
(I) "Interested party" means the director and any party to | 654 |
whom notice of a determination of an application for benefit | 655 |
rights or a claim for benefits is required to be given under | 656 |
section 4141.28 of the Revised Code. | 657 |
(J) "Annual payroll" means the total amount of wages subject | 658 |
to contributions during a twelve-month period ending with the last | 659 |
day of the second calendar quarter of any calendar year. | 660 |
(K) "Average annual payroll" means the average of the last | 661 |
three annual payrolls of an employer, provided that if, as of any | 662 |
computation date, the employer has had less than three annual | 663 |
payrolls in such three-year period, such average shall be based on | 664 |
the annual payrolls which the employer has had as of such date. | 665 |
(L)(1) "Contributions" means the money payments to the state | 666 |
unemployment compensation fund required of employers by section | 667 |
4141.25 of the Revised Code and of the state and any of its | 668 |
political subdivisions electing to pay contributions under section | 669 |
4141.242 of the Revised Code. Employers paying contributions shall | 670 |
be described as "contributory employers." | 671 |
(2) "Payments in lieu of contributions" means the money | 672 |
payments to the state unemployment compensation fund required of | 673 |
reimbursing employers under sections 4141.241 and 4141.242 of the | 674 |
Revised Code. | 675 |
(M) An individual is "totally unemployed" in any week during | 676 |
which the individual performs no services and with respect to such | 677 |
week no remuneration is payable to the individual. | 678 |
(N) An individual is "partially unemployed" in any week if, | 679 |
due to involuntary loss of work, the total remuneration payable to | 680 |
the individual for such week is less than the individual's weekly | 681 |
benefit amount. | 682 |
(O) "Week" means the calendar week ending at midnight | 683 |
Saturday unless an equivalent week of seven consecutive calendar | 684 |
days is prescribed by the director. | 685 |
(1) "Qualifying week" means any calendar week in an | 686 |
individual's base period with respect to which the individual | 687 |
earns or is paid remuneration in employment subject to this | 688 |
chapter. A calendar week with respect to which an individual earns | 689 |
remuneration but for which payment was not made within the base | 690 |
period, when necessary to qualify for benefit rights, may be | 691 |
considered to be a qualifying week. The number of qualifying weeks | 692 |
which may be established in a calendar quarter shall not exceed | 693 |
the number of calendar weeks in the quarter. | 694 |
(2) "Average weekly wage" means the amount obtained by | 695 |
dividing an individual's total remuneration for all qualifying | 696 |
weeks during the base period by the number of such qualifying | 697 |
weeks, provided that if the computation results in an amount that | 698 |
is not a multiple of one dollar, such amount shall be rounded to | 699 |
the next lower multiple of one dollar. | 700 |
(P) "Weekly benefit amount" means the amount of benefits an | 701 |
individual would be entitled to receive for one week of total | 702 |
unemployment. | 703 |
(Q)(1) "Base period" means the first four of the last five | 704 |
completed calendar quarters immediately preceding the first day of | 705 |
an individual's benefit year, except as provided in division | 706 |
(Q)(2) of this section. | 707 |
(2) If an individual does not have sufficient qualifying | 708 |
weeks and wages in the base period to qualify for benefit rights, | 709 |
the individual's base period shall be the four most recently | 710 |
completed calendar quarters preceding the first day of the | 711 |
individual's benefit year. Such base period shall be known as the | 712 |
"alternate base period." If information as to weeks and wages for | 713 |
the most recent quarter of the alternate base period is not | 714 |
available to the director from the regular quarterly reports of | 715 |
wage information, which are systematically accessible, the | 716 |
director may, consistent with the provisions of section 4141.28 of | 717 |
the Revised Code, base the determination of eligibility for | 718 |
benefits on the affidavit of the claimant with respect to weeks | 719 |
and wages for that calendar quarter. The claimant shall furnish | 720 |
payroll documentation, where available, in support of the | 721 |
affidavit. The determination based upon the alternate base period | 722 |
as it relates to the claimant's benefit rights, shall be amended | 723 |
when the quarterly report of wage information from the employer is | 724 |
timely received and that information causes a change in the | 725 |
determination. As provided in division (B) of section 4141.28 of | 726 |
the Revised Code, any benefits paid and charged to an employer's | 727 |
account, based upon a claimant's affidavit, shall be adjusted | 728 |
effective as of the beginning of the claimant's benefit year. No | 729 |
calendar quarter in a base period or alternate base period shall | 730 |
be used to establish a subsequent benefit year. | 731 |
(3) The "base period" of a combined wage claim, as described | 732 |
in division (H) of section 4141.43 of the Revised Code, shall be | 733 |
the base period prescribed by the law of the state in which the | 734 |
claim is allowed. | 735 |
(4) For purposes of determining the weeks that comprise a | 736 |
completed calendar quarter under this division, only those weeks | 737 |
ending at midnight Saturday within the calendar quarter shall be | 738 |
utilized. | 739 |
(R)(1) "Benefit year" with respect to an individual means the | 740 |
fifty-two week period beginning with the first day of that week | 741 |
with respect to which the individual first files a valid | 742 |
application for determination of benefit rights, and thereafter | 743 |
the fifty-two week period beginning with the first day of that | 744 |
week with respect to which the individual next files a valid | 745 |
application for determination of benefit rights after the | 746 |
termination of the individual's last preceding benefit year, | 747 |
except that the application shall not be considered valid unless | 748 |
the individual has had employment in six weeks that is subject to | 749 |
this chapter or the unemployment compensation act of another | 750 |
state, or the United States, and has, since the beginning of the | 751 |
individual's previous benefit year, in the employment earned three | 752 |
times the average weekly wage determined for the previous benefit | 753 |
year. The "benefit year" of a combined wage claim, as described in | 754 |
division (H) of section 4141.43 of the Revised Code, shall be the | 755 |
benefit year prescribed by the law of the state in which the claim | 756 |
is allowed. Any application for determination of benefit rights | 757 |
made in accordance with section 4141.28 of the Revised Code is | 758 |
valid if the individual filing such application is unemployed, has | 759 |
been employed by an employer or employers subject to this chapter | 760 |
in at least twenty qualifying weeks within the individual's base | 761 |
period, and has earned or been paid remuneration at an average | 762 |
weekly wage of not less than twenty-seven and one-half per cent of | 763 |
the statewide average weekly wage for such weeks. For purposes of | 764 |
determining whether an individual has had sufficient employment | 765 |
since the beginning of the individual's previous benefit year to | 766 |
file a valid application, "employment" means the performance of | 767 |
services for which remuneration is payable. | 768 |
(2) Effective for benefit years beginning on and after | 769 |
December 26, 2004, any application for determination of benefit | 770 |
rights made in accordance with section 4141.28 of the Revised Code | 771 |
is valid if the individual satisfies the criteria described in | 772 |
division (R)(1) of this section, and if the reason for the | 773 |
individual's separation from employment is not disqualifying | 774 |
pursuant to division (D)(2) of section 4141.29 or section 4141.291 | 775 |
of the Revised Code. A disqualification imposed pursuant to | 776 |
division (D)(2) of section 4141.29 or section 4141.291 of the | 777 |
Revised Code must be removed as provided in those sections as a | 778 |
requirement of establishing a valid application for benefit years | 779 |
beginning on and after December 26, 2004. | 780 |
(3) The statewide average weekly wage shall be calculated by | 781 |
the director once a year based on the twelve-month period ending | 782 |
the thirtieth day of June, as set forth in division (B)(3) of | 783 |
section 4141.30 of the Revised Code, rounded down to the nearest | 784 |
dollar. Increases or decreases in the amount of remuneration | 785 |
required to have been earned or paid in order for individuals to | 786 |
have filed valid applications shall become effective on Sunday of | 787 |
the calendar week in which the first day of January occurs that | 788 |
follows the twelve-month period ending the thirtieth day of June | 789 |
upon which the calculation of the statewide average weekly wage | 790 |
was based. | 791 |
(4) As used in this division, an individual is "unemployed" | 792 |
if, with respect to the calendar week in which such application is | 793 |
filed, the individual is "partially unemployed" or "totally | 794 |
unemployed" as defined in this section or if, prior to filing the | 795 |
application, the individual was separated from the individual's | 796 |
most recent work for any reason which terminated the individual's | 797 |
employee-employer relationship, or was laid off indefinitely or | 798 |
for a definite period of seven or more days. | 799 |
(S) "Calendar quarter" means the period of three consecutive | 800 |
calendar months ending on the thirty-first day of March, the | 801 |
thirtieth day of June, the thirtieth day of September, and the | 802 |
thirty-first day of December, or the equivalent thereof as the | 803 |
director prescribes by rule. | 804 |
(T) "Computation date" means the first day of the third | 805 |
calendar quarter of any calendar year. | 806 |
(U) "Contribution period" means the calendar year beginning | 807 |
on the first day of January of any year. | 808 |
(V) "Agricultural labor," for the purpose of this division, | 809 |
means any service performed prior to January 1, 1972, which was | 810 |
agricultural labor as defined in this division prior to that date, | 811 |
and service performed after December 31, 1971: | 812 |
(1) On a farm, in the employ of any person, in connection | 813 |
with cultivating the soil, or in connection with raising or | 814 |
harvesting any agricultural or horticultural commodity, including | 815 |
the raising, shearing, feeding, caring for, training, and | 816 |
management of livestock, bees, poultry, and fur-bearing animals | 817 |
and wildlife; | 818 |
(2) In the employ of the owner or tenant or other operator of | 819 |
a farm in connection with the operation, management, conservation, | 820 |
improvement, or maintenance of such farm and its tools and | 821 |
equipment, or in salvaging timber or clearing land of brush and | 822 |
other debris left by hurricane, if the major part of such service | 823 |
is performed on a farm; | 824 |
(3) In connection with the production or harvesting of any | 825 |
commodity defined as an agricultural commodity in section 15 (g) | 826 |
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 | 827 |
U.S.C. 1141j, as amended, or in connection with the ginning of | 828 |
cotton, or in connection with the operation or maintenance of | 829 |
ditches, canals, reservoirs, or waterways, not owned or operated | 830 |
for profit, used exclusively for supplying and storing water for | 831 |
farming purposes; | 832 |
(4) In the employ of the operator of a farm in handling, | 833 |
planting, drying, packing, packaging, processing, freezing, | 834 |
grading, storing, or delivering to storage or to market or to a | 835 |
carrier for transportation to market, in its unmanufactured state, | 836 |
any agricultural or horticultural commodity, but only if the | 837 |
operator produced more than one half of the commodity with respect | 838 |
to which such service is performed; | 839 |
(5) In the employ of a group of operators of farms, or a | 840 |
cooperative organization of which the operators are members, in | 841 |
the performance of service described in division (V)(4) of this | 842 |
section, but only if the operators produced more than one-half of | 843 |
the commodity with respect to which the service is performed; | 844 |
(6) Divisions (V)(4) and (5) of this section shall not be | 845 |
deemed to be applicable with respect to service performed: | 846 |
(a) In connection with commercial canning or commercial | 847 |
freezing or in connection with any agricultural or horticultural | 848 |
commodity after its delivery to a terminal market for distribution | 849 |
for consumption; or | 850 |
(b) On a farm operated for profit if the service is not in | 851 |
the course of the employer's trade or business. | 852 |
As used in division (V) of this section, "farm" includes | 853 |
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, | 854 |
plantations, ranches, nurseries, ranges, greenhouses, or other | 855 |
similar structures used primarily for the raising of agricultural | 856 |
or horticultural commodities and orchards. | 857 |
(W) "Hospital" means an institution which has been registered | 858 |
or licensed by the Ohio department of health as a hospital. | 859 |
(X) "Nonprofit organization" means an organization, or group | 860 |
of organizations, described in section 501(c)(3) of the "Internal | 861 |
Revenue Code of 1954," and exempt from income tax under section | 862 |
501(a) of that code. | 863 |
(Y) "Institution of higher education" means a public or | 864 |
nonprofit educational institution, including an educational | 865 |
institution operated by an Indian tribe, which: | 866 |
(1) Admits as regular students only individuals having a | 867 |
certificate of graduation from a high school, or the recognized | 868 |
equivalent; | 869 |
(2) Is legally authorized in this state or by the Indian | 870 |
tribe to provide a program of education beyond high school; and | 871 |
(3) Provides an educational program for which it awards a | 872 |
bachelor's or higher degree, or provides a program which is | 873 |
acceptable for full credit toward such a degree, a program of | 874 |
post-graduate or post-doctoral studies, or a program of training | 875 |
to prepare students for gainful employment in a recognized | 876 |
occupation. | 877 |
For the purposes of this division, all colleges and | 878 |
universities in this state are institutions of higher education. | 879 |
(Z) For the purposes of this chapter, "states" includes the | 880 |
District of Columbia, the Commonwealth of Puerto Rico, and the | 881 |
Virgin Islands. | 882 |
(AA) "Alien" means, for the purposes of division (A)(1)(d) of | 883 |
this section, an individual who is an alien admitted to the United | 884 |
States to perform service in agricultural labor pursuant to | 885 |
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and | 886 |
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. | 887 |
(BB)(1) "Crew leader" means an individual who furnishes | 888 |
individuals to perform agricultural labor for any other employer | 889 |
or farm operator, and: | 890 |
(a) Pays, either on the individual's own behalf or on behalf | 891 |
of the other employer or farm operator, the individuals so | 892 |
furnished by the individual for the service in agricultural labor | 893 |
performed by them; | 894 |
(b) Has not entered into a written agreement with the other | 895 |
employer or farm operator under which the agricultural worker is | 896 |
designated as in the employ of the other employer or farm | 897 |
operator. | 898 |
(2) For the purposes of this chapter, any individual who is a | 899 |
member of a crew furnished by a crew leader to perform service in | 900 |
agricultural labor for any other employer or farm operator shall | 901 |
be treated as an employee of the crew leader if: | 902 |
(a) The crew leader holds a valid certificate of registration | 903 |
under the "Farm Labor Contractor Registration Act of 1963," 90 | 904 |
Stat. 2668, 7 U.S.C. 2041; or | 905 |
(b) Substantially all the members of the crew operate or | 906 |
maintain tractors, mechanized harvesting or crop-dusting | 907 |
equipment, or any other mechanized equipment, which is provided by | 908 |
the crew leader; and | 909 |
(c) If the individual is not in the employment of the other | 910 |
employer or farm operator within the meaning of division (B)(1) of | 911 |
this section. | 912 |
(3) For the purposes of this division, any individual who is | 913 |
furnished by a crew leader to perform service in agricultural | 914 |
labor for any other employer or farm operator and who is not | 915 |
treated as in the employment of the crew leader under division | 916 |
(BB)(2) of this section shall be treated as the employee of the | 917 |
other employer or farm operator and not of the crew leader. The | 918 |
other employer or farm operator shall be treated as having paid | 919 |
cash remuneration to the individual in an amount equal to the | 920 |
amount of cash remuneration paid to the individual by the crew | 921 |
leader, either on the crew leader's own behalf or on behalf of the | 922 |
other employer or farm operator, for the service in agricultural | 923 |
labor performed for the other employer or farm operator. | 924 |
(CC) "Educational institution" means an institution other | 925 |
than an institution of higher education as defined in division (Y) | 926 |
of this section, including an educational institution operated by | 927 |
an Indian tribe, which: | 928 |
(1) Offers participants, trainees, or students an organized | 929 |
course of study or training designed to transfer to them | 930 |
knowledge, skills, information, doctrines, attitudes, or abilities | 931 |
from, by, or under the guidance of an instructor or teacher; and | 932 |
(2) Is approved, chartered, or issued a permit to operate as | 933 |
a school by the state board of education | 934 |
agency, or Indian tribe that is authorized within the state to | 935 |
approve, charter, or issue a permit for the operation of a school. | 936 |
For the purposes of this division, the courses of study or | 937 |
training which the institution offers may be academic, technical, | 938 |
trade, or preparation for gainful employment in a recognized | 939 |
occupation. | 940 |
Sec. 4141.11. There is hereby created in the state treasury | 941 |
the unemployment compensation special administrative fund. The | 942 |
fund shall consist of all interest collected on delinquent | 943 |
contributions pursuant to this chapter, all fines and forfeitures | 944 |
collected under this chapter, and all court costs and interest | 945 |
paid or collected in connection with the repayment of fraudulently | 946 |
obtained benefits pursuant to section 4141.35 of the Revised Code. | 947 |
All interest earned on the money in the fund shall be retained in | 948 |
the fund and shall not be credited or transferred to any other | 949 |
fund or account, except as provided in division (B) of this | 950 |
section. All moneys which are deposited or paid into this fund may | 951 |
be used by: | 952 |
(A) The director of job and family services with the approval | 953 |
of the unemployment compensation advisory council whenever it | 954 |
appears that such use is necessary for: | 955 |
(1) The proper administration of this chapter and no federal | 956 |
funds are available for the specific purpose for which the | 957 |
expenditure is to be made, provided the moneys are not substituted | 958 |
for appropriations from federal funds, which in the absence of | 959 |
such moneys would be available; | 960 |
(2) The proper administration of this chapter for which | 961 |
purpose appropriations from federal funds have been requested and | 962 |
approved but not received, provided the fund would be reimbursed | 963 |
upon receipt of the federal appropriation; | 964 |
(3) To the extent possible, the repayment to the unemployment | 965 |
compensation administration fund of moneys found by the proper | 966 |
agency of the United States to have been lost or expended for | 967 |
purposes other than, or an amount in excess of, those found | 968 |
necessary by the proper agency of the United States for the | 969 |
administration of this chapter. | 970 |
(B) The director or the director's deputy whenever it appears | 971 |
that such use is necessary for the payment of refunds or | 972 |
adjustments of interest, fines, forfeitures, or court costs | 973 |
erroneously collected and paid into this fund pursuant to this | 974 |
chapter. | 975 |
(C) The director, to pay state disaster unemployment benefits | 976 |
pursuant to section 4141.292 of the Revised Code. The director | 977 |
need not have prior approval from the council to make these | 978 |
payments. | 979 |
(D) The director, to pay any costs attributable to the | 980 |
director that are associated with the sale of real property under | 981 |
section 4141.131 of the Revised Code. The director need not have | 982 |
prior approval from the council to make these payments. | 983 |
Whenever the balance in the unemployment compensation special | 984 |
administrative fund is considered to be excessive by the council, | 985 |
the director shall request the director of budget and management | 986 |
to transfer to the unemployment compensation fund the amount | 987 |
considered to be excessive. Any balance in the unemployment | 988 |
compensation special administrative fund shall not lapse at any | 989 |
time, but shall be continuously available to the director of jobs | 990 |
and family services or to the council for expenditures consistent | 991 |
with this chapter. | 992 |
Sec. 4141.131. (A) The director of job and family services | 993 |
may enter into contracts for the sale of real property no longer | 994 |
needed by the director for the operations of the director under | 995 |
this title. Any costs attributable to the director that are | 996 |
associated with the sale of real property under this section shall | 997 |
be paid out of the unemployment compensation special | 998 |
administrative fund established pursuant to section 4141.11 of the | 999 |
Revised Code. The director shall submit a report summarizing the | 1000 |
use of that fund for the purpose of this section at least annually | 1001 |
to the unemployment compensation advisory council as prescribed by | 1002 |
the council. | 1003 |
(B)(1) Earnest moneys from the sale of real property pursuant | 1004 |
to division (A) of this section shall be deposited into the | 1005 |
department of job and family services building consolidation fund, | 1006 |
which is hereby created in the state treasury. The balance of the | 1007 |
purchase price shall be deposited into the department of job and | 1008 |
family services building enhancement fund, which is hereby created | 1009 |
in the state treasury. The building enhancement fund shall retain | 1010 |
its own interest. Upon completion of the sale and the request of | 1011 |
the director, the treasurer of state shall transfer the earnest | 1012 |
moneys in the building consolidation fund into the building | 1013 |
enhancement fund. The director shall use the interest earned on | 1014 |
the moneys in the building enhancement fund only in accordance | 1015 |
with division (C) of this section. | 1016 |
(2) The director shall deposit sufficient moneys from the | 1017 |
sale of real property pursuant to division (A) of this section | 1018 |
into the unemployment compensation special administrative fund to | 1019 |
reimburse the fund for all costs associated with the sale of that | 1020 |
real property. | 1021 |
(C) The director shall use the moneys in the building | 1022 |
enhancement fund from the sale of real property pursuant to | 1023 |
division (A) of this section, less the costs of the sale as | 1024 |
specified in division (B)(2) of this section, in accordance with | 1025 |
the provisions and requirements of the "Social Security Act," 49 | 1026 |
Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the | 1027 |
instructions of the United States department of labor, to improve | 1028 |
buildings owned by or under the control of the director. If the | 1029 |
director determines that there are no buildings for which money in | 1030 |
the building enhancement fund may be used, the money shall be | 1031 |
returned to the United States department of labor. | 1032 |
(D) The auditor of state, with the assistance of the attorney | 1033 |
general, shall prepare a deed to the real property being sold upon | 1034 |
notice from the director that a contract for the sale of that | 1035 |
property has been executed in accordance with this section. The | 1036 |
deed shall state the consideration and any conditions placed upon | 1037 |
the sale. The deed shall be executed by the governor in the name | 1038 |
of the state, countersigned by the secretary of state, sealed with | 1039 |
the great seal of the state, presented in the office of the | 1040 |
auditor of state for recording, and delivered to the buyer upon | 1041 |
payment of the balance of the purchase price. | 1042 |
The buyer shall present the deed for recording in the county | 1043 |
recorder's office of the county in which the real property is | 1044 |
located. | 1045 |
Sec. 4141.24. (A)(1) The director of job and family services | 1046 |
shall maintain a separate account for each employer and, except as | 1047 |
otherwise provided in division (B) of section 4141.25 of the | 1048 |
Revised Code respecting mutualized contributions, shall credit | 1049 |
such employer's account with all the contributions, or payments in | 1050 |
lieu of contributions, which the employer has paid on the | 1051 |
employer's own behalf. | 1052 |
(2) If, as of the computation date, a contributory employer's | 1053 |
account shows a negative balance computed as provided in division | 1054 |
(A)(3) of section 4141.25 of the Revised Code, less any | 1055 |
contributions due and unpaid on such date, which negative balance | 1056 |
is in excess of the limitations imposed by divisions (A)(2)(a), | 1057 |
(b), and (c) of this section and if the employer's account is | 1058 |
otherwise eligible for the transfer, then before the employer's | 1059 |
contribution rate is computed for the next succeeding contribution | 1060 |
period, an amount equal to the amount of the excess eligible for | 1061 |
transfer shall be permanently transferred from the account of such | 1062 |
employer and charged to the mutualized account provided in | 1063 |
division (B) of section 4141.25 of the Revised Code. | 1064 |
(a) If as of any computation date, a contributory employer's | 1065 |
account shows a negative balance in excess of ten per cent of the | 1066 |
employer's average annual payroll, then before the employer's | 1067 |
contribution rate is computed for the next succeeding contribution | 1068 |
period, an amount equal to the amount of the excess shall be | 1069 |
transferred from the account as provided in this division. No | 1070 |
contributory employer's account may have any excess transferred | 1071 |
pursuant to division (A)(2)(a) of this section, unless the | 1072 |
employer's account has shown a positive balance for at least two | 1073 |
consecutive computation dates prior to the computation date with | 1074 |
respect to which the transfer is proposed. Each time a transfer is | 1075 |
made pursuant to division (A)(2)(a) of this section, the | 1076 |
employer's account is ineligible for any additional transfers | 1077 |
under that division, until the account shows a positive balance | 1078 |
for at least two consecutive computation dates subsequent to the | 1079 |
computation date of which the most recent transfer occurs pursuant | 1080 |
to division (A)(2)(a), (b), or (c) of this section. | 1081 |
(b) If at the next computation date after the computation | 1082 |
date at which a transfer from the account occurs pursuant to | 1083 |
division (A)(2)(a) of this section, a contributory employer's | 1084 |
account shows a negative balance in excess of fifteen per cent of | 1085 |
the employer's average annual payroll, then before the employer's | 1086 |
contribution rate is computed for the next succeeding contribution | 1087 |
period an amount equal to the amount of the excess shall be | 1088 |
permanently transferred from the account as provided in this | 1089 |
division. | 1090 |
(c) If at the next computation date subsequent to the | 1091 |
computation date at which a transfer from a contributory | 1092 |
employer's account occurs pursuant to division (A)(2)(b) of this | 1093 |
section, the employer's account shows a negative balance in excess | 1094 |
of twenty per cent of the employer's average annual payroll, then | 1095 |
before the employer's contribution rate is computed for the next | 1096 |
succeeding contribution period, an amount equal to the amount of | 1097 |
the excess shall be permanently transferred from the account as | 1098 |
provided in this division. | 1099 |
(d) If no transfer occurs pursuant to division (A)(2)(b) or | 1100 |
(c) of this section, the employer's account is ineligible for any | 1101 |
additional transfers under division (A)(2) of this section until | 1102 |
the account requalifies for a transfer pursuant to division | 1103 |
(A)(2)(a) of this section. | 1104 |
(B) Any employer may make voluntary payments in addition to | 1105 |
the contributions required under this chapter, in accordance with | 1106 |
rules established by the director. Such payments shall be included | 1107 |
in the employer's account as of the computation date, provided | 1108 |
they are received by the director by the thirty-first day of | 1109 |
December following such computation date. Such voluntary payment, | 1110 |
when accepted from an employer, will not be refunded in whole or | 1111 |
in part. In determining whether an employer's account has a | 1112 |
positive balance on two consecutive computation dates and is | 1113 |
eligible for transfers under division (A)(2) of this section, the | 1114 |
director shall exclude any voluntary payments made subsequent to | 1115 |
the last transfer made under division (A)(2) of this section. | 1116 |
(C) All contributions to the fund shall be pooled and | 1117 |
available to pay benefits to any individual entitled to benefits | 1118 |
irrespective of the source of such contributions. | 1119 |
(D)(1) For the purposes of this section and sections 4141.241 | 1120 |
and 4141.242 of the Revised Code, an employer's account shall be | 1121 |
charged only for benefits based on remuneration paid by such | 1122 |
employer. Benefits paid to an eligible individual shall be charged | 1123 |
against the account of each employer within the claimant's base | 1124 |
period in the proportion to which wages attributable to each | 1125 |
employer of the claimant bears to the claimant's total base period | 1126 |
wages. Charges to the account of a base period employer with whom | 1127 |
the claimant is employed part-time at the time the claimant's | 1128 |
application for a determination of benefits rights is filed shall | 1129 |
be charged to the mutualized account when all of the following | 1130 |
conditions are met: | 1131 |
(a) The claimant also worked part-time for the employer | 1132 |
during the base period of the claim. | 1133 |
(b) The claimant is unemployed due to loss of other | 1134 |
employment. | 1135 |
(c) The employer is not a reimbursing employer under section | 1136 |
4141.241 or 4141.242 of the Revised Code. | 1137 |
(2) Notwithstanding division (D)(1) of this section, charges | 1138 |
to the account of any employer, including any reimbursing | 1139 |
employer, shall be charged to the mutualized account if it finally | 1140 |
is determined by a court on appeal that the employer's account is | 1141 |
not chargeable for the benefits. | 1142 |
(3) Any benefits paid to a claimant under section 4141.28 of | 1143 |
the Revised Code prior to a final determination of the claimant's | 1144 |
right to the benefits shall be charged to the employer's account | 1145 |
as provided in division (D)(1) of this section, provided that if | 1146 |
there is no final determination of the claim by the subsequent | 1147 |
thirtieth day of June, the employer's account shall be credited | 1148 |
with the total amount of benefits that has been paid prior to that | 1149 |
date, based on the determination that has not become final. The | 1150 |
total amount credited to the employer's account shall be charged | 1151 |
to a suspense account, which shall be maintained as a separate | 1152 |
bookkeeping account and administered as a part of this section, | 1153 |
and shall not be used in determining the account balance of the | 1154 |
employer for the purpose of computing the employer's contribution | 1155 |
rate under section 4141.25 of the Revised Code. | 1156 |
If it is finally determined that the claimant is entitled to | 1157 |
all or a part of the benefits in dispute, the suspense account | 1158 |
shall be credited and the appropriate employer's account charged | 1159 |
with the benefits. If it is finally determined that the claimant | 1160 |
is not entitled to all or any portion of the benefits in dispute, | 1161 |
the benefits shall be credited to the suspense account and a | 1162 |
corresponding charge made to the mutualized account established in | 1163 |
division (B) of section 4141.25 of the Revised Code, provided | 1164 |
that, except as otherwise provided in this section, if benefits | 1165 |
are chargeable to an employer or group of employers who is | 1166 |
required or elects to make payments to the fund in lieu of | 1167 |
contributions under section 4141.241 of the Revised Code, the | 1168 |
benefits shall be charged to the employer's account in the manner | 1169 |
provided in division (D)(1) of this section and division (B) of | 1170 |
section 4141.241 of the Revised Code, and no part of the benefits | 1171 |
may be charged to the suspense account provided in this division. | 1172 |
To the extent that benefits that have been paid to a claimant | 1173 |
and charged to the employer's account are found not to be due the | 1174 |
claimant and are recovered by the director as provided in section | 1175 |
4141.35 of the Revised Code, they shall be credited to the | 1176 |
employer's account. | 1177 |
(4) The director shall notify each employer at least once | 1178 |
each month of the benefits charged to the employer's account since | 1179 |
the last preceding notice; except that for the purposes of | 1180 |
sections 4141.241 and 4141.242 of the Revised Code which provides | 1181 |
the billing of employers on a payment in lieu of a contribution | 1182 |
basis, the director may prescribe a quarterly or less frequent | 1183 |
notice of benefits charged to the employer's account. Such notice | 1184 |
will show a summary of the amount of benefits paid which were | 1185 |
charged to the employer's account. This notice shall not be deemed | 1186 |
a determination of the claimant's eligibility for benefits. Any | 1187 |
employer so notified, however, may file within fifteen days after | 1188 |
the mailing date of the notice, an exception to charges appearing | 1189 |
on the notice on the grounds that such charges are not in | 1190 |
accordance with this section. The director shall promptly examine | 1191 |
the exception to such charges and shall notify the employer of the | 1192 |
director's decision thereon, which decision shall become final | 1193 |
unless appealed to the unemployment compensation review commission | 1194 |
in the manner provided in section 4141.26 of the Revised Code. For | 1195 |
the purposes of this division, an exception is considered timely | 1196 |
filed when it has been received as provided in division (D)(1) of | 1197 |
section 4141.281 of the Revised Code. | 1198 |
(E) The director shall terminate and close the account of any | 1199 |
contributory employer who has been subject to this chapter if the | 1200 |
enterprise for which the account was established is no longer in | 1201 |
operation and it has had no payroll and its account has not been | 1202 |
chargeable with benefits for a period of five consecutive years. | 1203 |
The amount of any positive balance, computed as provided in | 1204 |
division (A)(3) of section 4141.25 of the Revised Code, in an | 1205 |
account closed and terminated as provided in this section shall be | 1206 |
credited to the mutualized account as provided in division | 1207 |
(B)(2)(b) of section 4141.25 of the Revised Code. The amount of | 1208 |
any negative balance, computed as provided in division (A)(3) of | 1209 |
section 4141.25 of the Revised Code, in an account closed and | 1210 |
terminated as provided in this section shall be charged to the | 1211 |
mutualized account as provided in division (B)(1)(b) of section | 1212 |
4141.25 of the Revised Code. The amount of any positive balance or | 1213 |
negative balance, credited or charged to the mutualized account | 1214 |
after the termination and closing of an employer's account, shall | 1215 |
not thereafter be considered in determining the contribution rate | 1216 |
of such employer. The closing of an employer's account as provided | 1217 |
in this division shall not relieve such employer from liability | 1218 |
for any unpaid contributions or payment in lieu of contributions | 1219 |
which are due for periods prior to such closing. | 1220 |
If the director finds that a contributory employer's business | 1221 |
is closed solely because of the entrance of one or more of the | 1222 |
owners, officers, or partners, or the majority stockholder, into | 1223 |
the armed forces of the United States, or any of its allies, or of | 1224 |
the United Nations after July 1, 1950, such employer's account | 1225 |
shall not be terminated and if the business is resumed within two | 1226 |
years after the discharge or release of such persons from active | 1227 |
duty in the armed forces, the employer's experience shall be | 1228 |
deemed to have been continuous throughout such period. The reserve | 1229 |
ratio of any such employer shall be the total contributions paid | 1230 |
by such employer minus all benefits, including benefits paid to | 1231 |
any individual during the period such employer was in the armed | 1232 |
forces, based upon wages paid by the employer prior to the | 1233 |
employer's entrance into the armed forces divided by the average | 1234 |
of the employer's annual payrolls for the three most recent years | 1235 |
during the whole of which the employer has been in business. | 1236 |
(F) If an employer transfers | 1237 |
1238 | |
to another employer or person, the acquiring employer or person | 1239 |
shall be the successor in interest to the transferring employer | 1240 |
and shall assume the resources and liabilities of such | 1241 |
transferring employer's account, and continue the payment of all | 1242 |
contributions, or payments in lieu of contributions, due under | 1243 |
this chapter. | 1244 |
If an
employer or person acquires
substantially all | 1245 |
1246 | |
segregable and
identifiable portion of an
employer's | 1247 |
1248 | |
trade or business
| 1249 |
1250 | |
1251 | |
1252 | |
properly completed
application | 1253 |
1254 | |
the employer or person
acquiring | 1255 |
business, or portion thereof, shall be the successor in interest. | 1256 |
1257 | |
1258 | |
1259 | |
1260 | |
1261 | |
1262 | |
procedures for effecting transfers of experience as provided for | 1263 |
in this section. | 1264 |
(G) | 1265 |
1266 | |
1267 | |
1268 | |
4141.09, 4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, | 1269 |
and 4141.27 of the Revised Code, both of the following apply | 1270 |
regarding assignment of rates and transfers of experience: | 1271 |
(1) If an employer | 1272 |
1273 | |
1274 | |
trade or business, or a portion thereof, to another
employer | 1275 |
1276 | |
1277 | |
transfer, both employers are under substantially | 1278 |
1279 | |
1280 | |
1281 | |
1282 | |
1283 | |
then the unemployment experience attributable to the transferred | 1284 |
trade or business, or portion thereof, shall be transferred to the | 1285 |
employer to whom the business is so transferred. The director | 1286 |
shall recalculate the rates of both employers and those rates | 1287 |
shall be effective immediately upon the date of the transfer of | 1288 |
the trade or business. | 1289 |
(2) Whenever a person is not an employer under this chapter | 1290 |
at the time the person acquires the trade or business of an | 1291 |
employer, the unemployment experience of the acquired trade or | 1292 |
business shall not be transferred to the person if the director | 1293 |
finds that the person acquired the trade or business solely or | 1294 |
primarily for the purpose of obtaining a lower rate of | 1295 |
contributions. Instead, that person shall be assigned the | 1296 |
applicable new employer rate under division (A)(1) of section | 1297 |
4141.25 of the Revised Code. | 1298 |
(H) The director shall establish procedures to identify the | 1299 |
transfer or acquisition of a trade or business for purposes of | 1300 |
this section and shall adopt rules prescribing procedures for | 1301 |
effecting transfers of experience as described in this section. | 1302 |
(I) No rate of contribution less than two and seven-tenths | 1303 |
per cent shall be permitted a contributory employer succeeding to | 1304 |
the experience of another contributory employer pursuant to this | 1305 |
section for any period subsequent to such succession, except in | 1306 |
accordance with rules prescribed by the director, which rules | 1307 |
shall be consistent with federal requirements for additional | 1308 |
credit allowance in section 3303 of the "Internal Revenue Code of | 1309 |
1954" and consistent with this chapter, except that such rules may | 1310 |
establish a computation date for any such period different from | 1311 |
the computation date generally prescribed by this chapter, and may | 1312 |
define "calendar year" as meaning a twelve-consecutive-month | 1313 |
period ending on the same day of the year as that on which such | 1314 |
computation date occurs. | 1315 |
| 1316 |
establishment, maintenance, and dissolution of common contribution | 1317 |
rates for two or more contributory employers, and in accordance | 1318 |
with such rules and upon application by two or more employers | 1319 |
shall establish such common rate to be computed by merging the | 1320 |
several contribution rate factors of such employers for the | 1321 |
purpose of establishing a common contribution rate applicable to | 1322 |
all such employers. | 1323 |
Sec. 4141.242. (A) On or after January 1, 1978, the state, | 1324 |
its instrumentalities, its political subdivisions and their | 1325 |
instrumentalities, and any subdivision thereof as defined in | 1326 |
division (H) of this section and described in this section as | 1327 |
public entities, and Indian tribes as defined by section 4(e) of | 1328 |
the "Indian Self-Determination and Education Assistance Act," 88 | 1329 |
Stat. 2204 (1975), 25 U.S.C.A. 450b(e), shall pay to the director | 1330 |
of job and family services for deposit in the unemployment | 1331 |
compensation fund an amount in lieu of contributions equal to the | 1332 |
full amount of regular benefits, and the amount of extended | 1333 |
benefits chargeable under the terms of section 4141.301 of the | 1334 |
Revised Code, from that fund that is attributable to service in | 1335 |
the employ of the public entity or Indian tribe, under the same | 1336 |
terms and conditions as required of nonprofit organizations | 1337 |
electing reimbursing status under section 4141.241 of the Revised | 1338 |
Code; unless the public entity or Indian tribe elects to pay | 1339 |
contributions under section 4141.25 of the Revised Code, under the | 1340 |
following conditions: | 1341 |
(1) Any public entity or Indian tribe may elect, after | 1342 |
December 31, 1977, to become liable for contribution payments, as | 1343 |
set forth in section 4141.25 of the Revised Code, for a period of | 1344 |
not less than two calendar years by filing with the director a | 1345 |
written notice of its election. | 1346 |
(2) The effective date of the election to pay contributions | 1347 |
shall be the first day of the first calendar quarter after the | 1348 |
election is approved by the director and which is at least thirty | 1349 |
days after the election notice was received. | 1350 |
(B) No surety bond shall be required of any reimbursing | 1351 |
public entity or Indian tribe, as is required of nonprofit | 1352 |
organizations under division (C) of section 4141.241 of the | 1353 |
Revised Code. Any public entity or Indian tribe, either | 1354 |
reimbursing or contributory, shall, if it becomes delinquent in | 1355 |
the payment of reimbursements, contributions, forfeiture, or | 1356 |
interest, be subject to the same terms and the same collection | 1357 |
procedures as are set forth for reimbursing employers under | 1358 |
division (B) of section 4141.241 of the Revised Code; and as set | 1359 |
forth for contributory employers under this chapter except as | 1360 |
provided under division (D) of this section. | 1361 |
(C) The state of Ohio account and the accounts and | 1362 |
subaccounts of its instrumentalities, as defined in divisions | 1363 |
(H)(1)(a) and (b) of this section, shall be administered by the | 1364 |
director of administrative services, in coordination with the | 1365 |
director of job and family services in accordance with the terms | 1366 |
and conditions of this chapter, regarding the determination and | 1367 |
payment of benefits attributable to service with the state or its | 1368 |
instrumentalities. In this capacity, the director of | 1369 |
administrative services shall maintain any necessary accounts and | 1370 |
subaccounts for the various agencies and departments of the state | 1371 |
and, through the director of budget and management, apportion | 1372 |
among the various state entities, and collect, the costs of | 1373 |
unemployment benefits, as billed by the director of job and family | 1374 |
services, except that any of the individual agencies and | 1375 |
departments for which such accounts and subaccounts are maintained | 1376 |
may, with the concurrence of the director of administrative | 1377 |
services and the director of job and family services, be | 1378 |
designated to receive billings directly from the director of job | 1379 |
and family services and make payment in response to such billings | 1380 |
directly to the director of job and family services. Any moneys | 1381 |
paid directly under this division and collected by the director of | 1382 |
administrative services shall be forwarded to the director of job | 1383 |
and family services for deposit in the fund established by | 1384 |
division (A) of section 4141.09 of the Revised Code, and shall be | 1385 |
credited to the accounts of the state and its instrumentalities. | 1386 |
(D) The accounts of the various local subdivisions, | 1387 |
instrumentalities, and Indian tribes shall be administered by | 1388 |
appropriate officials, as designated to the director of job and | 1389 |
family services when the accounts are established. | 1390 |
(E) Two or more reimbursing public entities or Indian tribes | 1391 |
may file a joint application to the director of job and family | 1392 |
services for the establishment of a group account, for the purpose | 1393 |
of sharing the cost of benefits attributable to service with the | 1394 |
public entities or Indian tribes, under the conditions provided | 1395 |
for nonprofit organizations under division (D) of section 4141.241 | 1396 |
of the Revised Code. | 1397 |
(F) Two or more public entities or Indian tribes that have | 1398 |
elected to pay contributions may apply for a common rate under | 1399 |
division | 1400 |
authority, resolution, or ordinance for combining must be | 1401 |
presented with the application requesting the common rate status. | 1402 |
Applications must be filed by the first day of October of any | 1403 |
year, to be effective for the following calendar year. | 1404 |
(G) A public entity or Indian tribe, either reimbursing or | 1405 |
one electing to pay contributions, shall be liable for the full | 1406 |
amount of any regular benefits paid that are attributable to | 1407 |
service in the employ of the public entity or Indian tribe during | 1408 |
the base period of a benefit claim, and any extended benefits paid | 1409 |
based on service as provided in divisions (G)(1)(b) and (1)(c) of | 1410 |
section 4141.301 of the Revised Code. Where a public entity or | 1411 |
Indian tribe has changed from a reimbursing status to a | 1412 |
contributory status, during the base period of the benefit claim, | 1413 |
then the benefit charges attributable to service with the | 1414 |
reimbursement account shall be charged to the reimbursement | 1415 |
account; and, the charges attributable to the contributory account | 1416 |
shall be charged to that account. The same rule shall be | 1417 |
applicable to situations where a contributory public entity or | 1418 |
Indian tribe has changed to a reimbursing status during the base | 1419 |
period of a benefit claim. | 1420 |
(H)(1) For the purposes of establishing employer status and | 1421 |
accounts for the state and its instrumentalities, its political | 1422 |
subdivisions and their instrumentalities, a separate account shall | 1423 |
be established and maintained for: | 1424 |
(a) The state, including therein the legislative and | 1425 |
executive branches, as defined in Articles II and III of the Ohio | 1426 |
Constitution, and the Ohio supreme court; | 1427 |
(b) Each separate instrumentality of the state; | 1428 |
(c) Each political subdivision of the state, including | 1429 |
therein the legislative, executive, and judicial functions | 1430 |
performed for the subdivision; | 1431 |
(d) Each separate instrumentality of the political | 1432 |
subdivision; | 1433 |
(e) Any jointly owned instrumentality of more than one of the | 1434 |
public entities described in this division, or any jointly owned | 1435 |
instrumentality of any such public entities and one or more other | 1436 |
states or political subdivisions thereof. | 1437 |
(2) For the purposes of this chapter, the separate accounts, | 1438 |
established by this division, shall be described as "public entity | 1439 |
accounts." | 1440 |
(I) An Indian tribe may elect to make payments in lieu of | 1441 |
contributions as allowed with respect to governmental entities | 1442 |
under this section. An Indian tribe may make a separate election | 1443 |
for itself and each subdivision, subsidiary, or business | 1444 |
enterprise wholly owned by the Indian tribe. The director shall | 1445 |
immediately notify the United States internal revenue service and | 1446 |
the United States department of labor if an Indian tribe fails to | 1447 |
make payments required under this section and fails to pay any | 1448 |
forfeitures, interest, or penalties due within ninety days of | 1449 |
receiving a delinquency notice in accordance with rules prescribed | 1450 |
by the director. | 1451 |
(J) The director of job and family services, in accordance | 1452 |
with any rules that the director may prescribe, shall notify each | 1453 |
public entity and Indian tribe of any determination which the | 1454 |
director may make of its status as an employer and of the | 1455 |
effective date of any election which it makes and of any | 1456 |
termination of the election. Any determinations are subject to | 1457 |
reconsideration, appeal, and review in accordance with sections | 1458 |
4141.26 and 4141.28 of the Revised Code. | 1459 |
Sec. 4141.25. (A) The director of job and family services | 1460 |
shall determine as of each computation date the contribution rate | 1461 |
of each contributing employer subject to this chapter for the next | 1462 |
succeeding contribution period. The director shall determine a | 1463 |
standard rate of contribution or an experience rate for each | 1464 |
contributing employer. Once a rate of contribution has been | 1465 |
established under this section for a contribution period, except | 1466 |
as provided in division (D) of section 4141.26 of the Revised | 1467 |
Code, that rate shall remain effective throughout such | 1468 |
contribution period. The rate of contribution shall be determined | 1469 |
in accordance with the following requirements: | 1470 |
(1) An employer whose experience does not meet the terms of | 1471 |
division (A)(2) of this section shall be assigned a standard rate | 1472 |
of contribution. Effective for contribution periods beginning on | 1473 |
and after January 1, 1998, an employer's standard rate of | 1474 |
contribution shall be a rate of two and seven-tenths per cent, | 1475 |
except that the rate for employers engaged in the construction | 1476 |
industry shall be the average contribution rate computed for the | 1477 |
construction industry or a rate of two and seven-tenths per cent, | 1478 |
whichever is greater. The standard rate set forth in this division | 1479 |
shall be applicable to a nonprofit organization whose election to | 1480 |
make payments in lieu of contributions is voluntarily terminated | 1481 |
or canceled by the director under section 4141.241 of the Revised | 1482 |
Code, and thereafter pays contributions as required by this | 1483 |
section. If such nonprofit organization had been a contributory | 1484 |
employer prior to its election to make payments in lieu of | 1485 |
contributions, then any prior balance in the contributory account | 1486 |
shall become part of the reactivated account. | 1487 |
As used in division (A) of this section, "the average | 1488 |
contribution rate computed for the construction industry" means | 1489 |
the most recent annual average rate attributable to the | 1490 |
construction industry as prescribed by the director. | 1491 |
(2) A contributing employer subject to this chapter shall | 1492 |
qualify for an experience rate only if there have been four | 1493 |
consecutive quarters, ending on the thirtieth day of June | 1494 |
immediately prior to the computation date, throughout which the | 1495 |
employer's account was chargeable with benefits. Upon meeting the | 1496 |
qualifying requirements provided in division (A)(2) of this | 1497 |
section, the director shall calculate the total credits to each | 1498 |
employer's account consisting of the contributions other than | 1499 |
mutualized contributions including all contributions paid prior to | 1500 |
the computation date for all past periods plus: | 1501 |
(a) The contributions owing on the computation date that are | 1502 |
paid within thirty days after the computation date, and credited | 1503 |
to the employer's account; | 1504 |
(b) All voluntary contributions paid by an employer pursuant | 1505 |
to division (B) of section 4141.24 of the Revised Code. | 1506 |
(3) The director also shall determine the benefits which are | 1507 |
chargeable to each employer's account and which were paid prior to | 1508 |
the computation date with respect to weeks of unemployment ending | 1509 |
prior to the computation date. The director then shall determine | 1510 |
the positive or negative balance of each employer's account by | 1511 |
calculating the excess of such contributions and interest over the | 1512 |
benefits chargeable, or the excess of such benefits over such | 1513 |
contributions and interest. Any resulting negative balance then | 1514 |
shall be subject to adjustment as provided in division (A)(2) of | 1515 |
section 4141.24 of the Revised Code after which the positive or | 1516 |
negative balance shall be expressed in terms of a percentage of | 1517 |
the employer's average annual payroll. If the total standing to | 1518 |
the credit of an employer's account exceeds the total charges, as | 1519 |
provided in this division, the employer has a positive balance and | 1520 |
if such charges exceed such credits the employer has a negative | 1521 |
balance. Each employer's contribution rate shall then be | 1522 |
determined in accordance with the following schedule: | 1523 |
1524 |
If, as of the computation date | The employer's | 1525 | |||
the contribution rate balance of | contribution rate for | 1526 | |||
an employer's account as a | the next succeeding | 1527 | |||
percentage of the employer's | contribution period | 1528 | |||
average annual payroll is | shall be | 1529 | |||
(a) | A negative balance of: | 1530 | |||
20.0% or more | 6.5% | 1531 | |||
19.0% but less than 20.0% | 6.4% | 1532 | |||
17.0% but less than 19.0% | 6.3% | 1533 | |||
15.0% but less than 17.0% | 6.2% | 1534 | |||
13.0% but less than 15.0% | 6.1% | 1535 | |||
11.0% but less than 13.0% | 6.0% | 1536 | |||
9.0% but less than 11.0% | 5.9% | 1537 | |||
5.0% but less than 9.0% | 5.7% | 1538 | |||
4.0% but less than 5.0% | 5.5% | 1539 | |||
3.0% but less than 4.0% | 5.3% | 1540 | |||
2.0% but less than 3.0% | 5.1% | 1541 | |||
1.0% but less than 2.0% | 4.9% | 1542 | |||
more than 0.0% but less than 1.0% | 4.8% | 1543 | |||
(b) | A 0.0% or a positive | 1544 | |||
balance of less than 1.0% | 4.7% | 1545 | |||
(c) | A positive balance of: | 1546 | |||
1.0% or more, but less than 1.5% | 4.6% | 1547 | |||
1.5% or more, but less than 2.0% | 4.5% | 1548 | |||
2.0% or more, but less than 2.5% | 4.3% | 1549 | |||
2.5% or more, but less than 3.0% | 4.0% | 1550 | |||
3.0% or more, but less than 3.5% | 3.8% | 1551 | |||
3.5% or more, but less than 4.0% | 3.5% | 1552 | |||
4.0% or more, but less than 4.5% | 3.3% | 1553 | |||
4.5% or more, but less than 5.0% | 3.0% | 1554 | |||
5.0% or more, but less than 5.5% | 2.8% | 1555 | |||
5.5% or more, but less than 6.0% | 2.5% | 1556 | |||
6.0% or more, but less than 6.5% | 2.2% | 1557 | |||
6.5% or more, but less than 7.0% | 2.0% | 1558 | |||
7.0% or more, but less than 7.5% | 1.8% | 1559 | |||
7.5% or more, but less than 8.0% | 1.6% | 1560 | |||
8.0% or more, but less than 8.5% | 1.4% | 1561 | |||
8.5% or more, but less than 9.0% | 1.3% | 1562 | |||
9.0% or more, but less than 9.5% | 1.1% | 1563 | |||
9.5% or more, but less than 10.0% | 1.0% | 1564 | |||
10.0% or more, but less than 10.5% | .9% | 1565 | |||
10.5% or more, but less than 11.0% | .7% | 1566 | |||
11.0% or more, but less than 11.5% | .6% | 1567 | |||
11.5% or more, but less than 12.0% | .5% | 1568 | |||
12.0% or more, but less than 12.5% | .4% | 1569 | |||
12.5% or more, but less than 13.0% | .3% | 1570 | |||
13.0% or more, but less than 14.0% | .2% | 1571 | |||
14.0% or more | .1% | 1572 |
(d) The contribution rates shall be as specified in divisions | 1573 |
(a), (b), and (c) of the contribution rate schedule except that | 1574 |
notwithstanding the amendments made to division (a) of the | 1575 |
contribution rate schedule in this section, if, as of the | 1576 |
computation date: for 1991, the negative balance is 5.0% or more, | 1577 |
the contribution rate shall be 5.7%; for 1992, if the negative | 1578 |
balance is 11.0% or more, the contribution rate shall be 6.0%; and | 1579 |
for 1993, if the negative balance is 17.0% or more, the | 1580 |
contribution rate shall be 6.3%. Thereafter, the contribution | 1581 |
rates shall be as specified in the contribution rate schedule. | 1582 |
(B)(1) The director shall establish and maintain a separate | 1583 |
account to be known as the "mutualized account." As of each | 1584 |
computation date there shall be charged to this account: | 1585 |
(a) As provided in division (A)(2) of section 4141.24 of the | 1586 |
Revised Code, an amount equal to the sum of that portion of the | 1587 |
negative balances of employer accounts which exceeds the | 1588 |
applicable limitations as such balances are computed under | 1589 |
division (A) of this section as of such date; | 1590 |
(b) An amount equal to the sum of the negative balances | 1591 |
remaining in employer accounts which have been closed during the | 1592 |
year immediately preceding such computation date pursuant to | 1593 |
division (E) of section 4141.24 of the Revised Code; | 1594 |
(c) An amount equal to the sum of all benefits improperly | 1595 |
paid preceding such computation date which are not recovered but | 1596 |
which are not charged to an employer's account, or which after | 1597 |
being charged, are credited back to an employer's account; | 1598 |
(d) An amount equal to the sum of any other benefits paid | 1599 |
preceding such computation date which, under this chapter, are not | 1600 |
chargeable to an employer's account; | 1601 |
(e) An amount equal to the sum of any refunds made during the | 1602 |
year immediately preceding such computation date of erroneously | 1603 |
collected mutualized contributions required by this division which | 1604 |
were previously credited to this account; | 1605 |
(f) An amount equal to the sum of any repayments made to the | 1606 |
federal government during the year immediately preceding such | 1607 |
computation date of amounts which may have been advanced by it to | 1608 |
the unemployment compensation fund under section 1201 of the | 1609 |
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301; | 1610 |
(g) Any amounts appropriated by the general assembly out of | 1611 |
funds paid by the federal government, under section 903 of the | 1612 |
"Social Security Act," to the account of this state in the federal | 1613 |
unemployment trust fund. | 1614 |
(2) As of every computation date there shall be credited to | 1615 |
the mutualized account provided for in this division: | 1616 |
(a) The proceeds of the mutualized contributions as provided | 1617 |
in this division; | 1618 |
(b) Any positive balances remaining in employer accounts | 1619 |
which are closed as provided in division (E) of section 4141.24 of | 1620 |
the Revised Code; | 1621 |
(c) Any benefits improperly paid which are recovered but | 1622 |
which cannot be credited to an employer's account; | 1623 |
(d) All amounts which may be paid by the federal government | 1624 |
under section 903 of the "Social Security Act" to the account of | 1625 |
this state in the federal unemployment trust fund; | 1626 |
(e) Amounts advanced by the federal government to the account | 1627 |
of this state in the federal unemployment trust fund under section | 1628 |
1201 of the "Social Security Act" to the extent such advances have | 1629 |
been repaid to or recovered by the federal government; | 1630 |
(f) Interest credited to the Ohio unemployment trust fund as | 1631 |
deposited with the secretary of the treasury of the United States. | 1632 |
(3) Annually, as of the computation date, the director shall | 1633 |
determine the total credits and charges made to the mutualized | 1634 |
account during the preceding twelve months and the overall | 1635 |
condition of the account. The director shall issue an annual | 1636 |
statement containing this information and such other information | 1637 |
as the director deems pertinent, including a report that the sum | 1638 |
of the balances in the mutualized account, employers' accounts, | 1639 |
and any subsidiary accounts equal the balance in the state's | 1640 |
unemployment trust fund maintained under section 904 of the | 1641 |
"Social Security Act." | 1642 |
(4) As used in this division: | 1643 |
(a) "Fund as of the computation date" means as of any | 1644 |
computation date, the aggregate amount of the unemployment | 1645 |
compensation fund, including all contributions owing on the | 1646 |
computation date that are paid within thirty days thereafter, all | 1647 |
payments in lieu of contributions that are paid within sixty days | 1648 |
after the computation date, all reimbursements of the federal | 1649 |
share of extended benefits described in section 4141.301 of the | 1650 |
Revised Code that are owing on the computation date, and all | 1651 |
interest earned by the fund and received on or before the | 1652 |
computation date from the federal government. | 1653 |
(b) "Minimum safe level" means an amount equal to two | 1654 |
standard deviations above the average of the adjusted annual | 1655 |
average unemployment compensation benefit payment from 1970 to the | 1656 |
most recent calendar year prior to the computation date, as | 1657 |
determined by the director pursuant to division (B)(4)(b) of this | 1658 |
section. To determine the adjusted annual payment of unemployment | 1659 |
compensation benefits, the director first shall multiply the | 1660 |
number of weeks compensated during each calendar year beginning | 1661 |
with 1970 by the most recent annual average weekly unemployment | 1662 |
compensation benefit payment and then compute the average and | 1663 |
standard deviation of the resultant products. | 1664 |
(c) "Annual average weekly unemployment compensation benefit | 1665 |
payment" means the amount resulting from dividing the unemployment | 1666 |
compensation benefits paid from the benefit account maintained | 1667 |
within the unemployment compensation fund pursuant to section | 1668 |
4141.09 of the Revised Code, by the number of weeks compensated | 1669 |
during the same time period. | 1670 |
(5) If, as of any computation date, the charges to the | 1671 |
mutualized account during the entire period subsequent to the | 1672 |
computation date, July 1, 1966, made in accordance with division | 1673 |
(B)(1) of this section, exceed the credits to such account | 1674 |
including mutualized contributions during such period, made in | 1675 |
accordance with division (B)(2) of this section, the amount of | 1676 |
such excess charges shall be recovered during the next | 1677 |
contribution period. To recover such amount, the director shall | 1678 |
compute the percentage ratio of such excess charges to the average | 1679 |
annual payroll of all employers eligible for an experience rate | 1680 |
under division (A) of this section. The percentage so determined | 1681 |
shall be computed to the nearest tenth of one per cent and shall | 1682 |
be an additional contribution rate to be applied to the wages paid | 1683 |
by each employer whose rate is computed under the provisions of | 1684 |
division (A) of this section in the contribution period next | 1685 |
following such computation date, but such percentage shall not | 1686 |
exceed five-tenths of one per cent; however, when there are any | 1687 |
excess charges in the mutualized account, as computed in this | 1688 |
division, then the mutualized contribution rate shall not be less | 1689 |
than one-tenth of one per cent. | 1690 |
(6) If the fund as of the computation date is above or below | 1691 |
minimum safe level, the contribution rates provided for in each | 1692 |
classification in division (A)(3) of this section for the next | 1693 |
contribution period shall be adjusted as follows: | 1694 |
(a) If the fund is thirty per cent or more above minimum safe | 1695 |
level, the contribution rates provided in division (A)(3) of this | 1696 |
section shall be decreased two-tenths of one per cent. | 1697 |
(b) If the fund is more than fifteen per cent but less than | 1698 |
thirty per cent above minimum safe level, the contribution rates | 1699 |
provided in division (A)(3) of this section shall be decreased | 1700 |
one-tenth of one per cent. | 1701 |
(c) If the fund is more than fifteen per cent but less than | 1702 |
thirty per cent below minimum safe level, the contribution rates | 1703 |
of all employers shall be increased twenty-five one-thousandths of | 1704 |
one per cent plus a per cent increase calculated and rounded | 1705 |
pursuant to division (B)(6)(g) of this section. | 1706 |
(d) If the fund is more than thirty per cent but less than | 1707 |
forty-five per cent below minimum safe level, the contribution | 1708 |
rates of all employers shall be increased seventy-five | 1709 |
one-thousandths of one per cent plus a per cent increase | 1710 |
calculated and rounded pursuant to division (B)(6)(g) of this | 1711 |
section. | 1712 |
(e) If the fund is more than forty-five per cent but less | 1713 |
than sixty per cent below minimum safe level, the contribution | 1714 |
rates of all employers shall be increased one-eighth of one per | 1715 |
cent plus a per cent increase calculated and rounded pursuant to | 1716 |
division (B)(6)(g) of this section. | 1717 |
(f) If the fund is sixty per cent or more below minimum safe | 1718 |
level, the contribution rates of all employers shall be increased | 1719 |
two-tenths of one per cent plus a per cent increase calculated and | 1720 |
rounded pursuant to division (B)(6)(g) of this section. | 1721 |
(g) The additional per cent increase in contribution rates | 1722 |
required by divisions (B)(6)(c), (d), (e), and (f) of this section | 1723 |
that is payable by each individual employer shall be calculated in | 1724 |
the following manner. The flat rate increase required by a | 1725 |
particular division shall be multiplied by three and the product | 1726 |
divided by the average experienced-rated contribution rate for all | 1727 |
employers as determined by the director for the most recent | 1728 |
calendar year. The resulting quotient shall be multiplied by an | 1729 |
individual employer's contribution rate determined pursuant to | 1730 |
division (A)(3) of this section. The resulting product shall be | 1731 |
rounded to the nearest tenth of one per cent, added to the flat | 1732 |
rate increase required by division (B)(6)(c), (d), (e), or (f) of | 1733 |
this section, as appropriate, and the total shall be rounded to | 1734 |
the nearest tenth of one per cent. As used in division (B)(6)(g) | 1735 |
of this section, the "average experienced-rated contribution rate" | 1736 |
means the most recent annual average contribution rate reported by | 1737 |
the director contained in report RS 203.2 less the mutualized and | 1738 |
minimum safe level contribution rates included in such rate. | 1739 |
(h) If any of the increased contribution rates of division | 1740 |
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate | 1741 |
shall remain in effect for the calendar year in which it is | 1742 |
imposed and for each calendar year thereafter until the director | 1743 |
determines as of the computation date for calendar year 1991 and | 1744 |
as of the computation date for any calendar year thereafter | 1745 |
pursuant to this section, that the level of the unemployment | 1746 |
compensation fund equals or exceeds the minimum safe level as | 1747 |
defined in division (B)(4)(b) of this section. Nothing in division | 1748 |
(B)(6)(h) of this section shall be construed as restricting the | 1749 |
imposition of the increased contribution rates provided in | 1750 |
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund | 1751 |
falls below the percentage of the minimum safe level as specified | 1752 |
in those divisions. | 1753 |
(7) The additional contributions required by division (B)(5) | 1754 |
of this section shall be credited to the mutualized account. The | 1755 |
additional contributions required by division (B)(6) of this | 1756 |
section shall be credited fifty per cent to individual employer | 1757 |
accounts and fifty per cent to the mutualized account. | 1758 |
(C) If an employer makes a payment of contributions which is | 1759 |
less than the full amount required by | 1760 |
this section and sections 4141.23, 4141.24, 4141.241, 4141.242, | 1761 |
4141.25, 4141.26, and 4141.27 of the Revised Code, such partial | 1762 |
payment shall be applied first against the mutualized | 1763 |
contributions required under | 1764 |
1765 | |
1766 | |
shall be credited to the employer's individual account. | 1767 |
(D) Whenever there are any increases in contributions | 1768 |
resulting from an increase in wages subject to contributions as | 1769 |
defined in division (G) of section 4141.01 of the Revised Code, or | 1770 |
from an increase in the mutualized rate of contributions provided | 1771 |
in division (B) of this section, or from a revision of the | 1772 |
contribution rate schedule provided in division (A) of this | 1773 |
section, except for that portion of the increase attributable to a | 1774 |
change in the positive or negative balance in an employer's | 1775 |
account, which increases become effective after a contract for the | 1776 |
construction of real property, as defined in section 5701.02 of | 1777 |
the Revised Code, has been entered into, the contractee upon | 1778 |
written notice by a prime contractor shall reimburse the | 1779 |
contractor for all increased contributions paid by the prime | 1780 |
contractor or by subcontractors upon wages for services performed | 1781 |
under the contract. Upon reimbursement by the contractee to the | 1782 |
prime contractor, the prime contractor shall reimburse each | 1783 |
subcontractor for the increased contributions. | 1784 |
(E) Effective only for the contribution period beginning on | 1785 |
January 1, 1996, and ending on December 31, 1996, mutualized | 1786 |
contributions collected or received by the director pursuant to | 1787 |
division (B)(5) of this section and amounts credited to the | 1788 |
mutualized account pursuant to division (B)(7) of this section | 1789 |
shall be deposited into or credited to the unemployment | 1790 |
compensation benefit reserve fund that is created under division | 1791 |
(F) of this section, except that amounts collected, received, or | 1792 |
credited in excess of two hundred million dollars shall be | 1793 |
deposited into or credited to the unemployment trust fund | 1794 |
established pursuant to section 4141.09 of the Revised Code. | 1795 |
(F) The state unemployment compensation benefit reserve fund | 1796 |
is hereby created as a trust fund in the custody of the treasurer | 1797 |
of state and shall not be part of the state treasury. The fund | 1798 |
shall consist of all moneys collected or received as mutualized | 1799 |
contributions pursuant to division (B)(5) of this section and | 1800 |
amounts credited to the mutualized account pursuant to division | 1801 |
(B)(7) of this section as provided by division (E) of this | 1802 |
section. All moneys in the fund shall be used solely to pay | 1803 |
unemployment compensation benefits in the event that funds are no | 1804 |
longer available for that purpose from the unemployment trust fund | 1805 |
established pursuant to section 4141.09 of the Revised Code. | 1806 |
(G) The balance in the unemployment compensation benefit | 1807 |
reserve fund remaining at the end of the contribution period | 1808 |
beginning January 1, 2000, and any mutualized contribution amounts | 1809 |
for the contribution period beginning on January 1, 1996, that may | 1810 |
be received after December 31, 2000, shall be deposited into the | 1811 |
unemployment trust fund established pursuant to section 4141.09 of | 1812 |
the Revised Code. Income earned on moneys in the state | 1813 |
unemployment compensation benefit reserve fund shall be available | 1814 |
for use by the director only for the purposes described in | 1815 |
division (I) of this section, and shall not be used for any other | 1816 |
purpose. | 1817 |
(H) The unemployment compensation benefit reserve fund | 1818 |
balance shall be added to the unemployment trust fund balance in | 1819 |
determining the minimum safe level tax to be imposed pursuant to | 1820 |
division (B) of this section and shall be included in the | 1821 |
mutualized account balance for the purpose of determining the | 1822 |
mutualized contribution rate pursuant to division (B)(5) of this | 1823 |
section. | 1824 |
(I) All income earned on moneys in the unemployment | 1825 |
compensation benefit reserve fund from the investment of the fund | 1826 |
by the treasurer of state shall accrue to the department of job | 1827 |
and family services automation administration fund, which is | 1828 |
hereby established in the state treasury. Moneys within the | 1829 |
automation administration fund shall be used to meet the costs | 1830 |
related to automation of the department and the administrative | 1831 |
costs related to collecting and accounting for unemployment | 1832 |
compensation benefit reserve fund revenue. Any funds remaining in | 1833 |
the automation administration fund upon completion of the | 1834 |
department's automation projects that are funded by that fund | 1835 |
shall be deposited into the unemployment trust fund established | 1836 |
pursuant to section 4141.09 of the Revised Code. | 1837 |
(J) The director shall prepare and submit monthly reports to | 1838 |
the unemployment compensation advisory commission with respect to | 1839 |
the status of efforts to collect and account for unemployment | 1840 |
compensation benefit reserve fund revenue and the costs related to | 1841 |
collecting and accounting for that revenue. The director shall | 1842 |
obtain approval from the unemployment compensation advisory | 1843 |
commission for expenditure of funds from the department of job and | 1844 |
family services automation administration fund. Funds may be | 1845 |
approved for expenditure for purposes set forth in division (I) of | 1846 |
this section only to the extent that federal or other funds are | 1847 |
not available. | 1848 |
Sec. 4141.26. (A) As soon as practicable after the first day | 1849 |
of September but not later than the first day of December of each | 1850 |
year, the director of job and family services shall notify each | 1851 |
employer of the employer's contribution rate as determined for the | 1852 |
next ensuing contribution period pursuant to section 4141.25 of | 1853 |
the Revised Code provided the employer has furnished the director, | 1854 |
by the first day of September following the computation date, with | 1855 |
the wage information for all past periods necessary for the | 1856 |
computation of the contribution rate. | 1857 |
(B) | 1858 |
1859 | |
1860 | |
1861 | |
1862 | |
1863 | |
1864 | |
1865 | |
1866 |
| 1867 |
1868 | |
1869 | |
1870 | |
1871 | |
1872 | |
1873 | |
1874 |
| 1875 |
1876 | |
1877 | |
1878 | |
1879 |
| 1880 |
1881 | |
1882 | |
1883 | |
1884 |
| 1885 |
1886 | |
1887 | |
1888 | |
1889 | |
1890 | |
1891 |
| 1892 |
1893 | |
1894 |
| 1895 |
1896 | |
1897 |
| 1898 |
1899 | |
If an employer has not timely furnished the necessary wage | 1900 |
information as required by division (A) of this section, the | 1901 |
employer's contribution rate for such contribution period shall | 1902 |
not be computed as provided in section 4141.25 of the Revised | 1903 |
Code, but instead the employer shall be assigned a contribution | 1904 |
rate equal to one hundred twenty-five per cent of the maximum rate | 1905 |
provided in that section, with the following exceptions: | 1906 |
| 1907 |
by the thirty-first day of December of the year immediately | 1908 |
preceding the contribution period for which the rate is to be | 1909 |
effective, the employer's rate shall be computed as provided in | 1910 |
division (A) of
section 4141.25 of the Revised Code | 1911 |
| 1912 |
1913 | |
1914 | |
1915 | |
1916 |
| 1917 |
1918 | |
1919 | |
1920 | |
1921 | |
1922 | |
1923 |
| 1924 |
1925 | |
1926 |
| 1927 |
1928 | |
1929 |
| 1930 |
employer who has not timely furnished the necessary wage | 1931 |
information as required by division (A) of this section, who has | 1932 |
been assigned a contribution rate pursuant to division (B) | 1933 |
this section, and who does not meet the requirements of division | 1934 |
(B) | 1935 |
necessary wage information to the director within
| 1936 |
eighteen months following the thirty-first day of December of the | 1937 |
year immediately preceding the contribution period for which the | 1938 |
rate is to be effective. The revised rate under division | 1939 |
(B) | 1940 |
per cent of the contribution rate that would have resulted if the | 1941 |
employer had timely furnished the necessary wage information under | 1942 |
division (A) of this section. | 1943 |
| 1944 |
1945 | |
1946 | |
1947 | |
a revision of the employer's rate as provided in division | 1948 |
(B) | 1949 |
employer's failure to timely file the necessary wage information | 1950 |
was due to an attempt to evade payment. | 1951 |
| 1952 |
director determines under | 1953 |
nearest tenth of one per cent. | 1954 |
(C) If, as a result of the computation pursuant to division | 1955 |
(B) of this section, the employer's account shows a negative | 1956 |
balance in excess of the applicable limitations, in that | 1957 |
computation, the excess above applicable limitations shall not be | 1958 |
transferred from the account as provided in division (A)(2) of | 1959 |
section 4141.24 of the Revised Code. | 1960 |
(D) The rate determined pursuant to this section and section | 1961 |
4141.25 of the Revised Code shall become binding upon the employer | 1962 |
unless: | 1963 |
(1) The employer makes a voluntary contribution as provided | 1964 |
in division (B) of section 4141.24 of the Revised Code, whereupon | 1965 |
the director shall issue the employer a revised contribution rate | 1966 |
notice if the contribution changes the employer's rate; or | 1967 |
(2) Within thirty days after the mailing of notice of the | 1968 |
employer's rate or a revision of it to the employer's last known | 1969 |
address or, in the absence of mailing of such notice, within | 1970 |
thirty days after the delivery of such notice, the employer files | 1971 |
an application with the director for reconsideration of the | 1972 |
director's determination of such rate setting forth reasons for | 1973 |
such request. The director shall promptly examine the application | 1974 |
for reconsideration and shall notify the employer of the | 1975 |
director's reconsidered decision, which shall become final unless, | 1976 |
within thirty days after the mailing of such notice by certified | 1977 |
mail, return receipt requested, the employer files an application | 1978 |
for review of such decision with the unemployment compensation | 1979 |
review commission. The commission shall promptly examine the | 1980 |
application for review of the director's decision and shall grant | 1981 |
such employer an opportunity for a fair hearing. The proceeding at | 1982 |
the hearing before the commission shall be recorded in the means | 1983 |
and manner prescribed by the commission. For the purposes of this | 1984 |
division, the review is considered timely filed when it has been | 1985 |
received as provided in division (D)(1) of section 4141.281 of the | 1986 |
Revised Code. | 1987 |
The employer and the director shall be promptly notified of | 1988 |
the commission's decision, which shall become final unless, within | 1989 |
thirty days after the mailing of notice of it to the employer's | 1990 |
last known address by certified mail, return receipt requested, | 1991 |
or, in the absence of mailing, within thirty days after delivery | 1992 |
of such notice, an appeal is taken by the employer or the director | 1993 |
to the court of common pleas of Franklin county. Such appeal shall | 1994 |
be taken by the employer or the director by filing a notice of | 1995 |
appeal with the clerk of such court and with the commission. Such | 1996 |
notice of appeal shall set forth the decision appealed and the | 1997 |
errors in it complained of. Proof of the filing of such notice | 1998 |
with the commission shall be filed with the clerk of such court. | 1999 |
The commission, upon written demand filed by the appellant | 2000 |
and within thirty days after the filing of such demand, shall file | 2001 |
with the clerk a certified transcript of the record of the | 2002 |
proceedings before the commission pertaining to the determination | 2003 |
or order complained of, and the appeal shall be heard upon such | 2004 |
record certified to the commission. In such appeal, no additional | 2005 |
evidence shall be received by the court, but the court may order | 2006 |
additional evidence to be taken before the commission, and the | 2007 |
commission, after hearing such additional evidence, shall certify | 2008 |
such additional evidence to the court or it may modify its | 2009 |
determination and file such modified determination, together with | 2010 |
the transcript of the additional record, with the court. After an | 2011 |
appeal has been filed in the court, the commission, by petition, | 2012 |
may be made a party to such appeal. Such appeal shall be given | 2013 |
precedence over other civil cases. The court may affirm the | 2014 |
determination or order complained of in the appeal if it finds, | 2015 |
upon consideration of the entire record, that the determination or | 2016 |
order is supported by reliable, probative, and substantial | 2017 |
evidence and is in accordance with law. In the absence of such a | 2018 |
finding, it may reverse, vacate, or modify the determination or | 2019 |
order or make such other ruling as is supported by reliable, | 2020 |
probative, and substantial evidence and is in accordance with law. | 2021 |
The judgment of the court shall be final and conclusive unless | 2022 |
reversed, vacated, or modified on appeal. An appeal may be taken | 2023 |
from the decision of the court of common pleas of Franklin county. | 2024 |
(E) The appeal provisions of division (D) of this section | 2025 |
apply to all other determinations and orders of the director | 2026 |
affecting the liability of an employer to pay contributions or the | 2027 |
amount of such contributions, determinations respecting | 2028 |
application for refunds of contributions, determinations | 2029 |
respecting applications for classification of employment as | 2030 |
seasonal under section 4141.33 of the Revised Code, and exceptions | 2031 |
to charges of benefits to an employer's account as provided in | 2032 |
division (D) of section 4141.24 of the Revised Code. | 2033 |
(F) The validity of any general order or rule of the director | 2034 |
adopted pursuant to this chapter or of any final order or action | 2035 |
of the unemployment compensation review commission respecting any | 2036 |
such general order or rule may be determined by the court of | 2037 |
common pleas of Franklin county, and such general order, rule, or | 2038 |
action may be sustained or set aside by the court on an appeal to | 2039 |
it which may be taken by any person affected by the order, rule, | 2040 |
or action in the manner provided by law. Such appeal to the court | 2041 |
of common pleas of Franklin county shall be filed within thirty | 2042 |
days after the date such general order, rule, or action was | 2043 |
publicly released by the director or the commission. Either party | 2044 |
to such action may appeal from the court of common pleas of | 2045 |
Franklin county as in ordinary civil cases. | 2046 |
(G) Notwithstanding any determination made in pursuance of | 2047 |
sections 4141.23 to 4141.26 of the Revised Code, no individual who | 2048 |
files a claim for benefits shall be denied the right to a fair | 2049 |
hearing as provided in section 4141.281 of the Revised Code, or | 2050 |
the right to have a claim determined on the merits of it. | 2051 |
(H)(1) Notwithstanding division (D) of this section, if the | 2052 |
director finds that an omission or error in the director's records | 2053 |
or employer reporting caused the director to issue an erroneous | 2054 |
determination or order affecting contribution rates, the liability | 2055 |
of an employer to pay contributions or the amount of such | 2056 |
contributions, determinations respecting applications for refunds | 2057 |
of contributions, determinations respecting applications for | 2058 |
classification of seasonal status under section 4141.33 of the | 2059 |
Revised Code, or exceptions to charges of benefits to an | 2060 |
employer's account as provided in division (D) of section 4141.24 | 2061 |
of the Revised Code, the director may issue a corrected | 2062 |
determination or order correcting the erroneous determination or | 2063 |
order, except as provided in division (H)(2) of this section. | 2064 |
(2) The director may not issue a corrected determination or | 2065 |
order correcting an erroneous determination or order if both of | 2066 |
the following apply: | 2067 |
(a) The erroneous determination or order was caused solely by | 2068 |
an omission or error of the director; | 2069 |
(b) A correction of the erroneous determination or order | 2070 |
would adversely affect the employer or any of the employers that | 2071 |
were parties in interest to the erroneous determination or order. | 2072 |
A corrected determination or order issued under this division | 2073 |
takes precedence over and renders void the erroneous determination | 2074 |
or order and is appealable as provided in division (D) of this | 2075 |
section. | 2076 |
Sec. 4141.28. | 2077 |
2078 |
(A) FILINGS | 2079 |
Applications for determination of benefit rights and claims | 2080 |
for benefits shall be filed with the director of job and family | 2081 |
services. Such applications and claims also may be filed with an | 2082 |
employee of another state or federal agency charged with the duty | 2083 |
of accepting applications and claims for unemployment benefits or | 2084 |
with an employee of the unemployment insurance commission of | 2085 |
Canada. | 2086 |
When an unemployed individual files an application for | 2087 |
determination of benefit rights, the director shall furnish the | 2088 |
individual with an explanation of the individual's appeal rights. | 2089 |
The explanation shall describe clearly the different levels of | 2090 |
appeal and explain where and when each appeal must be filed. | 2091 |
(B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS | 2092 |
In filing an application, an individual shall furnish the | 2093 |
director with the name and address of the individual's most recent | 2094 |
separating employer and the individual's statement of the reason | 2095 |
for separation from the employer. The director shall promptly | 2096 |
notify the individual's most recent separating employer of the | 2097 |
filing and request the reason for the individual's unemployment, | 2098 |
unless that notice is not necessary under conditions the director | 2099 |
establishes by rule. The director may request from the individual | 2100 |
or any employer information necessary for the determination of the | 2101 |
individual's right to benefits. The employer shall provide the | 2102 |
information requested within ten working days after the request is | 2103 |
sent. If necessary to ensure prompt determination and payment of | 2104 |
benefits, the director shall base the determination on the | 2105 |
information that is available. | 2106 |
An individual filing an application for determination of | 2107 |
benefit rights shall disclose, at the time of filing, whether or | 2108 |
not the individual owes child support obligations. | 2109 |
(C) MASS LAYOFFS | 2110 |
An employer who lays off or separates within any seven-day | 2111 |
period fifty or more individuals because of lack of work shall | 2112 |
furnish notice to the director of the dates of layoff or | 2113 |
separation and the approximate number of individuals being laid | 2114 |
off or separated. The notice shall be furnished at least three | 2115 |
working days prior to the date of the first day of such layoff or | 2116 |
separation. In addition, at the time of the layoff or separation | 2117 |
the employer shall furnish to the individual and to the director | 2118 |
information necessary to determine the individual's eligibility | 2119 |
for unemployment compensation. | 2120 |
(D) DETERMINATION OF BENEFIT RIGHTS | 2121 |
The director shall promptly examine any application for | 2122 |
determination of benefit rights. On the basis of the information | 2123 |
available to the director under this chapter, the director shall | 2124 |
determine whether or not the application is valid, and if valid, | 2125 |
the date on which the benefit year shall commence and the weekly | 2126 |
benefit amount. The director shall promptly notify the applicant, | 2127 |
employers in the applicant's base period, and any other interested | 2128 |
parties of the determination and the reasons for it. In addition, | 2129 |
the determination issued to the claimant shall include the total | 2130 |
amount of benefits payable. The determination issued to each | 2131 |
chargeable base period employer shall include the total amount of | 2132 |
benefits that may be charged to the employer's account. | 2133 |
(E) CLAIM FOR BENEFITS | 2134 |
The director shall examine the first claim and any additional | 2135 |
claim for benefits. On the basis of the information available, the | 2136 |
director shall determine whether the claimant's most recent | 2137 |
separation and, to the extent necessary, prior separations from | 2138 |
work, allow the claimant to qualify for benefits. Written notice | 2139 |
of the determination granting or denying benefits shall be sent to | 2140 |
the claimant, the most recent separating employer, and any other | 2141 |
employer involved in the determination, except that written notice | 2142 |
is not required to be sent to the claimant if the reason for | 2143 |
separation is lack of work and the claim is allowed. | 2144 |
If the director identifies an eligibility issue, the director | 2145 |
shall send notice to the claimant of the issue identified and | 2146 |
specify the week or weeks involved. The claimant has a minimum of | 2147 |
five business days after the notice is sent to respond to the | 2148 |
information included in the notice, and after the time allowed as | 2149 |
determined by the director, the director shall make a | 2150 |
determination. The claimant's response may include a request for a | 2151 |
fact-finding interview when the eligibility issue is raised by an | 2152 |
informant or source other than the claimant, or when the | 2153 |
eligibility issue, if determined adversely, disqualifies the | 2154 |
claimant for the duration of the claimant's period of | 2155 |
unemployment. | 2156 |
When the determination of a continued claim for benefits | 2157 |
results in a disallowed claim, the director shall notify the | 2158 |
claimant of the disallowance and the reasons for it. | 2159 |
(F) ELIGIBILITY NOTICE | 2160 |
Any base period or subsequent employer of a claimant who has | 2161 |
knowledge of specific facts affecting the claimant's right to | 2162 |
receive benefits for any week may notify the director in writing | 2163 |
of those facts. The director shall prescribe a form for such | 2164 |
eligibility notice, but failure to use the form shall not preclude | 2165 |
the director's examination of any notice. | 2166 |
To be considered valid, an eligibility notice must: contain | 2167 |
in writing, a statement that identifies either a source who has | 2168 |
firsthand knowledge of the information or an informant who can | 2169 |
identify the source; provide specific and detailed information | 2170 |
that may potentially disqualify the claimant; provide the name and | 2171 |
address of the source or the informant; and appear to the director | 2172 |
to be reliable and credible. | 2173 |
An eligibility notice is timely filed if received or | 2174 |
postmarked prior to or within forty-five calendar days after the | 2175 |
end of the week with respect to which a claim for benefits is | 2176 |
filed by the claimant. An employer who timely files a valid | 2177 |
eligibility notice shall be an interested party to the claim for | 2178 |
benefits which is the subject of the notice. | 2179 |
The director shall consider the information contained in the | 2180 |
eligibility notice, together with other available information. | 2181 |
After giving the claimant notice and an opportunity to respond, | 2182 |
the director shall make a determination and inform the notifying | 2183 |
employer, the claimant, and other interested parties of the | 2184 |
determination. | 2185 |
(G) CORRECTED DETERMINATION | 2186 |
If the director finds within the fifty-two calendar weeks | 2187 |
beginning with the Sunday of the week during which an application | 2188 |
for benefit rights was filed or within the benefit year that a | 2189 |
determination made by the director was erroneous due to an error | 2190 |
in an employer's report or any typographical or clerical error in | 2191 |
the director's determination, or as shown by correct remuneration | 2192 |
information received by the director, the director shall issue a | 2193 |
corrected determination to all interested parties. The corrected | 2194 |
determination shall take precedence over and void the prior | 2195 |
determination of the director. The director shall not issue a | 2196 |
corrected determination when the commission or a court has | 2197 |
jurisdiction with respect to that determination. | 2198 |
(H) EFFECT OF COMMISSION DECISIONS | 2199 |
In making determinations, the director shall follow decisions | 2200 |
of the unemployment compensation review commission which have | 2201 |
become final with respect to claimants similarly situated. | 2202 |
(I) PROMPT PAYMENTS | 2203 |
If benefits are allowed by the director, a hearing officer, | 2204 |
the commission, or a court, the director shall pay benefits | 2205 |
promptly, notwithstanding any further appeal, provided that if | 2206 |
benefits are denied on appeal, of which the parties have notice | 2207 |
and an opportunity to be heard, the director shall withhold | 2208 |
payment of benefits pending a decision on any further appeal. | 2209 |
Sec. 4141.282. | 2210 |
2211 |
(A) THIRTY-DAY DEADLINE FOR APPEAL | 2212 |
Any interested party, within thirty days after written notice | 2213 |
of the final decision of the unemployment compensation review | 2214 |
commission was sent to all interested parties, may appeal the | 2215 |
decision of the commission to the court of common pleas. | 2216 |
(B) WHERE TO FILE THE APPEAL | 2217 |
An appellant shall file the appeal with the court of common | 2218 |
pleas of the county where the appellant, if an employee, is a | 2219 |
resident or was last employed or, if an employer, is a resident or | 2220 |
has a principal place of business in this state. If an appellant | 2221 |
is not a resident of or last employed in a county in this state or | 2222 |
does not have a principal place of business in this state, then an | 2223 |
appellant shall file the appeal with the court of common pleas of | 2224 |
Franklin county. | 2225 |
(C) PERFECTING THE APPEAL | 2226 |
The timely filing of the notice of appeal shall be the only | 2227 |
act required to perfect the appeal and vest jurisdiction in the | 2228 |
court. The notice of appeal shall identify the decision appealed | 2229 |
from. | 2230 |
(D) INTERESTED PARTIES | 2231 |
The commission shall provide on its final decision the names | 2232 |
and addresses of all interested parties. The appellant shall name | 2233 |
all interested parties as appellees in the notice of appeal. The | 2234 |
director of job and family services is always an interested party | 2235 |
and shall be named as an appellee in the notice of appeal. | 2236 |
(E) SERVICE OF THE NOTICE OF APPEAL | 2237 |
Upon filing the notice of appeal with the clerk of the court, | 2238 |
the clerk shall serve a copy of the notice of appeal upon all | 2239 |
appellees, including the director. | 2240 |
(F) DUTIES OF THE COMMISSION | 2241 |
| 2242 |
section, the commission, within forty-five days after a notice of | 2243 |
appeal is filed or within an extended period ordered by the court, | 2244 |
shall file with the clerk a certified transcript of the record of | 2245 |
the proceedings at issue before the commission. The commission | 2246 |
also shall provide a copy of the transcript to the appellant's | 2247 |
attorney or to the appellant, if the appellant is not represented | 2248 |
by counsel, and to any appellee who requests a copy. | 2249 |
(2) If the commission cannot file the certified transcript of | 2250 |
the record of proceedings within forty-five days after a notice of | 2251 |
appeal is filed, or within an extended period ordered by the | 2252 |
court, then the court shall remand the matter to the commission | 2253 |
for additional proceedings in order to complete the record on | 2254 |
appeal. The additional proceedings may include a new hearing | 2255 |
before the commission or a designated hearing officer. | 2256 |
(G) COURT BRIEFING SCHEDULES | 2257 |
The court shall provide for the filing of briefs by the | 2258 |
parties, whether by local rule, scheduling order, or otherwise. | 2259 |
(H) REVIEW BY THE COURT OF COMMON PLEAS | 2260 |
The court shall hear the appeal | 2261 |
certified record provided by the commission. If the court finds | 2262 |
that the decision of the commission was unlawful, unreasonable, or | 2263 |
against the manifest weight of the evidence, it shall reverse, | 2264 |
vacate, or modify the decision, or remand the matter to the | 2265 |
commission. Otherwise, the court shall affirm the decision of the | 2266 |
commission. | 2267 |
(I) FAILURE TO FILE APPEAL WITHIN THIRTY DAYS | 2268 |
If an appeal is filed after the thirty-day appeal period, the | 2269 |
court of common pleas shall conduct a hearing to determine whether | 2270 |
the appeal was timely filed under division (D)(9) of section | 2271 |
4141.281 of the Revised Code. At the hearing, additional evidence | 2272 |
may be introduced and oral arguments may be presented regarding | 2273 |
the timeliness of the filing of the appeal. | 2274 |
If the court of common pleas determines that the appeal was | 2275 |
filed within the time allowed, the court shall after that make its | 2276 |
decision on the merits of the appeal. The determination on | 2277 |
timeliness by the court of common pleas may be appealed to the | 2278 |
court of appeals as in civil cases, and such appeal shall be | 2279 |
consolidated with any appeal from the decision by the court of | 2280 |
common pleas on the merits of the appeal. | 2281 |
Sec. 4141.283. (A) Whenever the director of job and family | 2282 |
services has reason to believe that the unemployment of | 2283 |
twenty-five or more individuals relates to a labor dispute, the | 2284 |
director, within five calendar days after their claims are filed, | 2285 |
shall schedule a hearing concerning the reason for unemployment. | 2286 |
Notice of the hearing shall be sent to all interested parties, | 2287 |
including the duly authorized representative of the parties. The | 2288 |
hearing date shall be scheduled so as to provide at least ten | 2289 |
days' prior notice of the time and date of the hearing. A similar | 2290 |
hearing, in such cases, may be scheduled when there is a dispute | 2291 |
as to the duration or ending date of the labor dispute. | 2292 |
(B) The director shall appoint a hearing officer to conduct | 2293 |
the hearing of the case under division (A) of this section. The | 2294 |
hearing officer is not bound by common law or statutory rules of | 2295 |
evidence or by technical or formal rules of procedure, but shall | 2296 |
take any steps that are reasonable and necessary to obtain the | 2297 |
facts and determine whether the claimants are entitled to benefits | 2298 |
under the law. The failure of any interested party to appear at | 2299 |
the hearing shall not preclude a decision based upon all the facts | 2300 |
available to the hearing officer. The proceeding at the hearing | 2301 |
shall be recorded by mechanical means or by other means prescribed | 2302 |
by the director. The record need not be transcribed unless an | 2303 |
application for appeal is filed on the decision and the | 2304 |
chairperson of the unemployment compensation review commission | 2305 |
requests a transcript of the hearing within fourteen days after | 2306 |
the application for appeal is received by the commission. The | 2307 |
director shall prescribe rules concerning the conduct of the | 2308 |
hearings and all related matters and appoint an attorney to direct | 2309 |
the operation of this function. | 2310 |
(C) The director shall issue the hearing officer's decisions | 2311 |
and reasons therefor on the case within ten calendar days after | 2312 |
the hearing. The hearing officer's decision issued by the director | 2313 |
is final unless an application for appeal is filed with the | 2314 |
commission within twenty-one days after the decision was mailed to | 2315 |
all interested parties. The director, within the twenty-one-day | 2316 |
appeal period, may remove and vacate the decision and issue a | 2317 |
revised determination and appeal date. | 2318 |
(D) Upon receipt of the application for appeal, the full | 2319 |
commission shall review the director's decision, and then schedule | 2320 |
a further hearing on the case, disallow the application without | 2321 |
further hearing, or modify or reverse the director's decision. The | 2322 |
commission shall review the director's decision within fourteen | 2323 |
days after receipt of the decision or the receipt of a transcript | 2324 |
requested under division (B) of this section, whichever is later. | 2325 |
(1) When a further hearing is granted, the commission shall | 2326 |
make the director's decision and record of the case, as certified | 2327 |
by the director, a part of the record and shall consider the | 2328 |
director's decision and record in arriving at a decision on the | 2329 |
case. The commission's decision affirming, modifying, or reversing | 2330 |
the director's decision, following the further appeal, shall be | 2331 |
mailed to all interested parties within fourteen days after the | 2332 |
hearing. | 2333 |
(2) A decision to disallow a further appeal or to modify or | 2334 |
reverse the director's decision shall be mailed to all interested | 2335 |
parties within fourteen days after the commission makes the | 2336 |
decision. A disallowance is deemed an affirmation of the | 2337 |
director's decision. | 2338 |
(3) The time limits specified in this section may be extended | 2339 |
by agreement of all interested parties or for cause beyond the | 2340 |
control of the director or the commission. | 2341 |
(E) | 2342 |
appeal of the commission's decision issued under division (D) of | 2343 |
this section may be taken to the court of common pleas as provided | 2344 |
in section 4141.282 of the Revised Code. Notwithstanding division | 2345 |
(B) of section 4141.282 of the Revised Code: | 2346 |
(1) If the operations of an employer involved in a labor | 2347 |
dispute under this section are located in only one county, then | 2348 |
appeal of the commission's decision under division (D) of this | 2349 |
section shall be taken to the court of common pleas of the county | 2350 |
where the employer's operations are located. | 2351 |
(2) If the operations of an employer involved in a labor | 2352 |
dispute under this section are located in more than one county, | 2353 |
then appeal of the commission's decision under division (D) of | 2354 |
this section shall be taken to the court of common pleas of the | 2355 |
county where the largest number of the claimants worked for the | 2356 |
employer. | 2357 |
(F) A labor dispute decision involving fewer than twenty-five | 2358 |
individuals shall be determined under section 4141.28 of the | 2359 |
Revised Code, and the commission shall determine any appeal from | 2360 |
the decision pursuant to section 4141.281 of the Revised Code and | 2361 |
within the time limits provided in division (D) of this section. | 2362 |
Sec. 4141.29. Each eligible individual shall receive | 2363 |
benefits as compensation for loss of remuneration due to | 2364 |
involuntary total or partial unemployment in the amounts and | 2365 |
subject to the conditions stipulated in this chapter. | 2366 |
(A) No individual is entitled to a waiting period or benefits | 2367 |
for any week unless the individual: | 2368 |
(1) Has filed a valid application for determination of | 2369 |
benefit rights in accordance with section 4141.28 of the Revised | 2370 |
Code; | 2371 |
(2) Has made a claim for benefits in accordance with section | 2372 |
4141.28 of the Revised Code; | 2373 |
(3) Has registered at an employment office or other | 2374 |
registration place maintained or designated by the director of job | 2375 |
and family services. Registration shall be made in accordance with | 2376 |
the time limits, frequency, and manner prescribed by the director. | 2377 |
(4)(a)(i) Is able to work and available for suitable work | 2378 |
and, except as provided in division (A)(4)(a)(ii) of this section, | 2379 |
is actively seeking suitable work either in a locality in which | 2380 |
the individual has earned wages subject to this chapter during the | 2381 |
individual's base period, or if the individual leaves that | 2382 |
locality, then in a locality where suitable work normally is | 2383 |
performed. | 2384 |
(ii) The director may waive the requirement that a claimant | 2385 |
be actively seeking work when the director finds
that
| 2386 |
the | 2387 |
| 2388 |
2389 | |
2390 | |
2391 | |
2392 | |
2393 | |
2394 |
| 2395 |
laid the individual off has notified the director within ten days | 2396 |
after the layoff, that work is expected to be available for the | 2397 |
individual within a specified number of days not to exceed | 2398 |
forty-five calendar days following the last day the individual | 2399 |
worked. In the event the individual is not recalled within the | 2400 |
specified period, this waiver shall cease to be operative with | 2401 |
respect to that layoff. | 2402 |
(b) The individual shall be instructed as to the efforts that | 2403 |
the individual must make in the search for suitable work, except | 2404 |
where the active search for work requirement has been waived under | 2405 |
division (A)(4)(a) of this section, and shall keep a record of | 2406 |
where and when the individual has sought work in complying with | 2407 |
those instructions and, upon request, shall produce that record | 2408 |
for examination by the director. | 2409 |
(c) An individual who is attending a training course approved | 2410 |
by the director meets the requirement of this division, if | 2411 |
attendance was recommended by the director and the individual is | 2412 |
regularly attending the course and is making satisfactory | 2413 |
progress. An individual also meets the requirements of this | 2414 |
division if the individual is participating and advancing in a | 2415 |
training program, as defined in division (P) of section 5709.61 of | 2416 |
the Revised Code, and if an enterprise, defined in division (B) of | 2417 |
section 5709.61 of the Revised Code, is paying all or part of the | 2418 |
cost of the individual's participation in the training program | 2419 |
with the intention of hiring the individual for employment as a | 2420 |
new employee, as defined in division (L) of section 5709.61 of the | 2421 |
Revised Code, for at least ninety days after the individual's | 2422 |
completion of the training program. | 2423 |
(d) An individual who becomes unemployed while attending a | 2424 |
regularly established school and whose base period qualifying | 2425 |
weeks were earned in whole or in part while attending that school, | 2426 |
meets the availability and active search for work requirements of | 2427 |
division (A)(4)(a) of this section if the individual regularly | 2428 |
attends the school during weeks with respect to which the | 2429 |
individual claims unemployment benefits and makes self available | 2430 |
on any shift of hours for suitable employment with the | 2431 |
individual's most recent employer or any other employer in the | 2432 |
individual's base period, or for any other suitable employment to | 2433 |
which the individual is directed, under this chapter. | 2434 |
(e) The director shall adopt any rules that the director | 2435 |
deems necessary for the administration of division (A)(4) of this | 2436 |
section. | 2437 |
(f) Notwithstanding any other provisions of this section, no | 2438 |
otherwise eligible individual shall be denied benefits for any | 2439 |
week because the individual is in training approved under section | 2440 |
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 2441 |
2296, nor shall that individual be denied benefits by reason of | 2442 |
leaving work to enter such training, provided the work left is not | 2443 |
suitable employment, or because of the application to any week in | 2444 |
training of provisions in this chapter, or any applicable federal | 2445 |
unemployment compensation law, relating to availability for work, | 2446 |
active search for work, or refusal to accept work. | 2447 |
For the purposes of division (A)(4)(f) of this section, | 2448 |
"suitable employment" means with respect to an individual, work of | 2449 |
a substantially equal or higher skill level than the individual's | 2450 |
past adversely affected employment, as defined for the purposes of | 2451 |
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and | 2452 |
wages for such work at not less than eighty per cent of the | 2453 |
individual's average weekly wage as determined for the purposes of | 2454 |
that federal act. | 2455 |
(5) Is unable to obtain suitable work. An individual who is | 2456 |
provided temporary work assignments by the individual's employer | 2457 |
under agreed terms and conditions of employment, and who is | 2458 |
required pursuant to those terms and conditions to inquire with | 2459 |
the individual's employer for available work assignments upon the | 2460 |
conclusion of each work assignment, is not considered unable to | 2461 |
obtain suitable employment if suitable work assignments are | 2462 |
available with the employer but the individual fails to contact | 2463 |
the employer to inquire about work assignments. | 2464 |
(6) Participates in reemployment services, such as job search | 2465 |
assistance services, if the individual has been determined to be | 2466 |
likely to exhaust benefits under this chapter, including | 2467 |
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than | 2468 |
extended compensation, and needs reemployment services pursuant to | 2469 |
the profiling system established by the director under division | 2470 |
(K) of this section, unless the director determines that: | 2471 |
(a) The individual has completed such services; or | 2472 |
(b) There is justifiable cause for the claimant's failure to | 2473 |
participate in such services. | 2474 |
(B) An individual suffering total or partial unemployment is | 2475 |
eligible for benefits for unemployment occurring subsequent to a | 2476 |
waiting period of one week and no benefits shall be payable during | 2477 |
this required waiting period | 2478 |
2479 | |
2480 | |
2481 | |
more than one week of waiting period shall be required of any | 2482 |
individual in any benefit year in order to establish the | 2483 |
individual's eligibility for total or partial unemployment | 2484 |
benefits. | 2485 |
(C) The waiting period for total or partial unemployment | 2486 |
shall commence on the first day of the first week with respect to | 2487 |
which the individual first files a claim for benefits at an | 2488 |
employment office or other place of registration maintained or | 2489 |
designated by the director or on the first day of the first week | 2490 |
with respect to which the individual has otherwise filed a claim | 2491 |
for benefits in accordance with the rules of the department of job | 2492 |
and family services, provided such claim is allowed by the | 2493 |
director. | 2494 |
(D) Notwithstanding division (A) of this section, no | 2495 |
individual may serve a waiting period or be paid benefits under | 2496 |
the following conditions: | 2497 |
(1) For any week with respect to which the director finds | 2498 |
that: | 2499 |
(a) The individual's unemployment was due to a labor dispute | 2500 |
other than a lockout at any factory, establishment, or other | 2501 |
premises located in this or any other state and owned or operated | 2502 |
by the employer by which the individual is or was last employed; | 2503 |
and for so long as the individual's unemployment is due to such | 2504 |
labor dispute. No individual shall be disqualified under this | 2505 |
provision if either of the following applies: | 2506 |
(i) The individual's employment was with such employer at any | 2507 |
factory, establishment, or premises located in this state, owned | 2508 |
or operated by such employer, other than the factory, | 2509 |
establishment, or premises at which the labor dispute exists, if | 2510 |
it is shown that the individual is not financing, participating | 2511 |
in, or directly interested in such labor dispute; | 2512 |
(ii) The individual's employment was with an employer not | 2513 |
involved in the labor dispute but whose place of business was | 2514 |
located within the same premises as the employer engaged in the | 2515 |
dispute, unless the individual's employer is a wholly owned | 2516 |
subsidiary of the employer engaged in the dispute, or unless the | 2517 |
individual actively participates in or voluntarily stops work | 2518 |
because of such dispute. If it is established that the claimant | 2519 |
was laid off for an indefinite period and not recalled to work | 2520 |
prior to the dispute, or was separated by the employer prior to | 2521 |
the dispute for reasons other than the labor dispute, or that the | 2522 |
individual obtained a bona fide job with another employer while | 2523 |
the dispute was still in progress, such labor dispute shall not | 2524 |
render the employee ineligible for benefits. | 2525 |
(b) The individual has been given a disciplinary layoff for | 2526 |
misconduct in connection with the individual's work. | 2527 |
(2) For the duration of the individual's unemployment if the | 2528 |
director finds that: | 2529 |
(a) The individual quit work without just cause or has been | 2530 |
discharged for just cause in connection with the individual's | 2531 |
work, provided division (D)(2) of this section does not apply to | 2532 |
the separation of a person under any of the following | 2533 |
circumstances: | 2534 |
(i) Separation from employment for the purpose of entering | 2535 |
the armed forces of the United States if the individual | 2536 |
2537 | |
2538 |
(I) Thirty
days
after | 2539 |
(II) One hundred eighty days after separation if the | 2540 |
individual's date of induction is delayed solely at the discretion | 2541 |
of the armed forces. | 2542 |
(ii) Separation from employment pursuant to a | 2543 |
labor-management contract or agreement, or pursuant to an | 2544 |
established employer plan, program, or policy, which permits the | 2545 |
employee, because of lack of work, to accept a separation from | 2546 |
employment; | 2547 |
(iii) The individual has left employment to accept a recall | 2548 |
from a prior employer or, except as provided in division | 2549 |
(D)(2)(a)(iv) of this section, to accept other employment as | 2550 |
provided under section 4141.291 of the Revised Code, or left or | 2551 |
was separated from employment that was concurrent employment at | 2552 |
the time of the most recent separation or within six weeks prior | 2553 |
to the most recent separation where the remuneration, hours, or | 2554 |
other conditions of such concurrent employment were substantially | 2555 |
less favorable than the individual's most recent employment and | 2556 |
where such employment, if offered as new work, would be considered | 2557 |
not suitable under the provisions of divisions (E) and (F) of this | 2558 |
section. Any benefits that would otherwise be chargeable to the | 2559 |
account of the employer from whom an individual has left | 2560 |
employment or was separated from employment that was concurrent | 2561 |
employment under conditions described in division (D)(2)(a)(iii) | 2562 |
of this section, shall instead be charged to the mutualized | 2563 |
account created by division (B) of section 4141.25 of the Revised | 2564 |
Code, except that any benefits chargeable to the account of a | 2565 |
reimbursing employer under division (D)(2)(a)(iii) of this section | 2566 |
shall be charged to the account of the reimbursing employer and | 2567 |
not to the mutualized account, except as provided in division | 2568 |
(D)(2) of section 4141.24 of the Revised Code. | 2569 |
(iv) When an individual has been issued a definite layoff | 2570 |
date by the individual's employer and before the layoff date, the | 2571 |
individual quits to accept other employment, the provisions of | 2572 |
division (D)(2)(a)(iii) of this section apply and no | 2573 |
disqualification shall be imposed under division (D) of this | 2574 |
section. However, if the individual fails to meet the employment | 2575 |
and earnings requirements of division (A)(2) of section 4141.291 | 2576 |
of the Revised Code, then the individual, pursuant to division | 2577 |
(A)(5) of this section, shall be ineligible for benefits for any | 2578 |
week of unemployment that occurs prior to the layoff date. | 2579 |
(b) The individual has refused without good cause to accept | 2580 |
an offer of suitable work when made by an employer either in | 2581 |
person or to the individual's last known address, or has refused | 2582 |
or failed to investigate a referral to suitable work when directed | 2583 |
to do so by a local employment office of this state or another | 2584 |
state, provided that this division shall not cause a | 2585 |
disqualification for a waiting week or benefits under the | 2586 |
following circumstances: | 2587 |
(i) When work is offered by the individual's employer and the | 2588 |
individual is not required to accept the offer pursuant to the | 2589 |
terms of the labor-management contract or agreement; or | 2590 |
(ii) When the individual is attending a | 2591 |
course pursuant to division (A)(4) of this section except, in the | 2592 |
event of a refusal to accept an offer of suitable work or a | 2593 |
refusal or failure to investigate a referral, benefits thereafter | 2594 |
paid to such individual shall not be charged to the account of any | 2595 |
employer and, except as provided in division (B)(1)(b) of section | 2596 |
4141.241 of the Revised Code, shall be charged to the mutualized | 2597 |
account as provided in division (B) of section 4141.25 of the | 2598 |
Revised Code. | 2599 |
(c) Such individual quit work to marry or because of marital, | 2600 |
parental, filial, or other domestic obligations. | 2601 |
(d) | 2602 |
2603 | |
2604 | |
2605 |
| 2606 |
to any correctional institution. | 2607 |
| 2608 |
in connection with the individual's most recent or any base period | 2609 |
work. Remuneration earned in such work shall be excluded from the | 2610 |
individual's total base period remuneration and qualifying weeks | 2611 |
that otherwise would be credited to the individual for such work | 2612 |
in the individual's base period shall not be credited for the | 2613 |
purpose of determining the total benefits to which the individual | 2614 |
is eligible and the weekly benefit amount to be paid under section | 2615 |
4141.30 of the Revised Code. Such excluded remuneration and | 2616 |
noncredited qualifying weeks shall be excluded from the | 2617 |
calculation of the maximum amount to be charged, under division | 2618 |
(D) of section 4141.24 and section 4141.33 of the Revised Code, | 2619 |
against the accounts of the individual's base period employers. In | 2620 |
addition, no benefits shall thereafter be paid to the individual | 2621 |
based upon such excluded remuneration or noncredited qualifying | 2622 |
weeks. | 2623 |
For purposes of division (D)(2) | 2624 |
"dishonesty" means the commission of substantive theft, fraud, or | 2625 |
deceitful acts. | 2626 |
(E) No individual otherwise qualified to receive benefits | 2627 |
shall lose the right to benefits by reason of a refusal to accept | 2628 |
new work if: | 2629 |
(1) As a condition of being so employed the individual would | 2630 |
be required to join a company union, or to resign from or refrain | 2631 |
from joining any bona fide labor organization, or would be denied | 2632 |
the right to retain membership in and observe the lawful rules of | 2633 |
any such organization. | 2634 |
(2) The position offered is vacant due directly to a strike, | 2635 |
lockout, or other labor dispute. | 2636 |
(3) The work is at an unreasonable distance from the | 2637 |
individual's residence, having regard to the character of the work | 2638 |
the individual has been accustomed to do, and travel to the place | 2639 |
of work involves expenses substantially greater than that required | 2640 |
for the individual's former work, unless the expense is provided | 2641 |
for. | 2642 |
(4) The remuneration, hours, or other conditions of the work | 2643 |
offered are substantially less favorable to the individual than | 2644 |
those prevailing for similar work in the locality. | 2645 |
(F) Subject to the special exceptions contained in division | 2646 |
(A)(4)(f) of this section and section 4141.301 of the Revised | 2647 |
Code, in determining whether any work is suitable for a claimant | 2648 |
in the administration of this chapter, the director, in addition | 2649 |
to the determination required under division (E) of this section, | 2650 |
shall consider the degree of risk to the claimant's health, | 2651 |
safety, and morals, the individual's physical fitness for the | 2652 |
work, the individual's prior training and experience, the length | 2653 |
of the individual's unemployment, the distance of the available | 2654 |
work from the individual's residence, and the individual's | 2655 |
prospects for obtaining local work. | 2656 |
(G) The "duration of unemployment" as used in this section | 2657 |
means the full period of unemployment next ensuing after a | 2658 |
separation from any base period or subsequent work and until an | 2659 |
individual has become reemployed in employment subject to this | 2660 |
chapter, or the unemployment compensation act of another state, or | 2661 |
of the United States, and until such individual has worked six | 2662 |
weeks and for those weeks has earned or been paid remuneration | 2663 |
equal to six times an average weekly wage of not less than: | 2664 |
eighty-five dollars and ten cents per week beginning on June 26, | 2665 |
1990; and beginning on and after January 1, 1992, twenty-seven and | 2666 |
one-half per cent of the statewide average weekly wage as computed | 2667 |
each first day of January under division (B)(3) of section 4141.30 | 2668 |
of the Revised Code, rounded down to the nearest dollar, except | 2669 |
for purposes of division (D)(2)(c) of this section, such term | 2670 |
means the full period of unemployment next ensuing after a | 2671 |
separation from such work and until such individual has become | 2672 |
reemployed subject to the terms set forth above, and has earned | 2673 |
wages equal to one-half of the individual's average weekly wage or | 2674 |
sixty dollars, whichever is less. | 2675 |
(H) If a claimant is disqualified under division (D)(2)(a), | 2676 |
(c), or | 2677 |
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of | 2678 |
this section or division (A)(2) of section 4141.291 of the Revised | 2679 |
Code, then benefits that may become payable to such claimant, | 2680 |
which are chargeable to the account of the employer from whom the | 2681 |
individual was separated under such conditions, shall be charged | 2682 |
to the mutualized account provided in section 4141.25 of the | 2683 |
Revised Code, provided that no charge shall be made to the | 2684 |
mutualized account for benefits chargeable to a reimbursing | 2685 |
employer, except as provided in division (D)(2) of section 4141.24 | 2686 |
of the Revised Code. In the case of a reimbursing employer, the | 2687 |
director shall refund or credit to the account of the reimbursing | 2688 |
employer any over-paid benefits that are recovered under division | 2689 |
(B) of section 4141.35 of the Revised Code. Amounts chargeable to | 2690 |
other states, the United States, or Canada that are subject to | 2691 |
agreements and arrangements that are established pursuant to | 2692 |
section 4141.43 of the Revised Code shall be credited or | 2693 |
reimbursed according to the agreements and arrangements to which | 2694 |
the chargeable amounts are subject. | 2695 |
(I)(1) Benefits based on service in employment as provided in | 2696 |
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code | 2697 |
shall be payable in the same amount, on the same terms, and | 2698 |
subject to the same conditions as benefits payable on the basis of | 2699 |
other service subject to this chapter; except that after December | 2700 |
31, 1977: | 2701 |
(a) Benefits based on service in an instructional, research, | 2702 |
or principal administrative capacity in an institution of higher | 2703 |
education, as defined in division (Y) of section 4141.01 of the | 2704 |
Revised Code; or for an educational institution as defined in | 2705 |
division (CC) of section 4141.01 of the Revised Code, shall not be | 2706 |
paid to any individual for any week of unemployment that begins | 2707 |
during the period between two successive academic years or terms, | 2708 |
or during a similar period between two regular but not successive | 2709 |
terms or during a period of paid sabbatical leave provided for in | 2710 |
the individual's contract, if the individual performs such | 2711 |
services in the first of those academic years or terms and has a | 2712 |
contract or a reasonable assurance that the individual will | 2713 |
perform services in any such capacity for any such institution in | 2714 |
the second of those academic years or terms. | 2715 |
(b) Benefits based on service for an educational institution | 2716 |
or an institution of higher education in other than an | 2717 |
instructional, research, or principal administrative capacity, | 2718 |
shall not be paid to any individual for any week of unemployment | 2719 |
which begins during the period between two successive academic | 2720 |
years or terms of the employing educational institution or | 2721 |
institution of higher education, provided the individual performed | 2722 |
those services for the educational institution or institution of | 2723 |
higher education during the first such academic year or term and, | 2724 |
there is a reasonable assurance that such individual will perform | 2725 |
those services for any educational institution or institution of | 2726 |
higher education in the second of such academic years or terms. | 2727 |
If compensation is denied to any individual for any week | 2728 |
under division (I)(1)(b) of this section and the individual was | 2729 |
not offered an opportunity to perform those services for an | 2730 |
institution of higher education or for an educational institution | 2731 |
for the second of such academic years or terms, the individual is | 2732 |
entitled to a retroactive payment of compensation for each week | 2733 |
for which the individual timely filed a claim for compensation and | 2734 |
for which compensation was denied solely by reason of division | 2735 |
(I)(1)(b) of this section. An application for retroactive benefits | 2736 |
shall be timely filed if received by the director or the | 2737 |
director's deputy within or prior to the end of the fourth full | 2738 |
calendar week after the end of the period for which benefits were | 2739 |
denied because of reasonable assurance of employment. The | 2740 |
provision for the payment of retroactive benefits under division | 2741 |
(I)(1)(b) of this section is applicable to weeks of unemployment | 2742 |
beginning on and after November 18, 1983. The provisions under | 2743 |
division (I)(1)(b) of this section shall be retroactive to | 2744 |
September 5, 1982, only if, as a condition for full tax credit | 2745 |
against the tax imposed by the "Federal Unemployment Tax Act," 53 | 2746 |
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States | 2747 |
secretary of labor determines that retroactivity is required by | 2748 |
federal law. | 2749 |
(c) With respect to weeks of unemployment beginning after | 2750 |
December 31, 1977, benefits shall be denied to any individual for | 2751 |
any week which commences during an established and customary | 2752 |
vacation period or holiday recess, if the individual performs any | 2753 |
services described in divisions (I)(1)(a) and (b) of this section | 2754 |
in the period immediately before the vacation period or holiday | 2755 |
recess, and there is a reasonable assurance that the individual | 2756 |
will perform any such services in the period immediately following | 2757 |
the vacation period or holiday recess. | 2758 |
(d) With respect to any services described in division | 2759 |
(I)(1)(a), (b), or (c) of this section, benefits payable on the | 2760 |
basis of services in any such capacity shall be denied as | 2761 |
specified in division (I)(1)(a), (b), or (c) of this section to | 2762 |
any individual who performs such services in an educational | 2763 |
institution or institution of higher education while in the employ | 2764 |
of an educational service agency. For this purpose, the term | 2765 |
"educational service agency" means a governmental agency or | 2766 |
governmental entity that is established and operated exclusively | 2767 |
for the purpose of providing services to one or more educational | 2768 |
institutions or one or more institutions of higher education. | 2769 |
(e) Any individual employed by a public school district or a | 2770 |
county board of mental retardation shall be notified by the | 2771 |
thirtieth day of April each year if the individual is not to be | 2772 |
reemployed the following academic year. | 2773 |
(2) No disqualification will be imposed, between academic | 2774 |
years or terms or during a vacation period or holiday recess under | 2775 |
this division, unless the director or the director's deputy has | 2776 |
received a statement in writing from the educational institution | 2777 |
or institution of higher education that the claimant has a | 2778 |
contract for, or a reasonable assurance of, reemployment for the | 2779 |
ensuing academic year or term. | 2780 |
(3) If an individual has employment with an educational | 2781 |
institution or an institution of higher education and employment | 2782 |
with a noneducational employer, during the base period of the | 2783 |
individual's benefit year, then the individual may become eligible | 2784 |
for benefits during the between-term, or vacation or holiday | 2785 |
recess, disqualification period, based on employment performed for | 2786 |
the noneducational employer, provided that the employment is | 2787 |
sufficient to qualify the individual for benefit rights separately | 2788 |
from the benefit rights based on school employment. The weekly | 2789 |
benefit amount and maximum benefits payable during a | 2790 |
disqualification period shall be computed based solely on the | 2791 |
nonschool employment. | 2792 |
(J) Benefits shall not be paid on the basis of employment | 2793 |
performed by an alien, unless the alien had been lawfully admitted | 2794 |
to the United States for permanent residence at the time the | 2795 |
services were performed, was lawfully present for purposes of | 2796 |
performing the services, or was otherwise permanently residing in | 2797 |
the United States under color of law at the time the services were | 2798 |
performed, under section 212(d)(5) of the "Immigration and | 2799 |
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: | 2800 |
(1) Any data or information required of individuals applying | 2801 |
for benefits to determine whether benefits are not payable to them | 2802 |
because of their alien status shall be uniformly required from all | 2803 |
applicants for benefits. | 2804 |
(2) In the case of an individual whose application for | 2805 |
benefits would otherwise be approved, no determination that | 2806 |
benefits to the individual are not payable because of the | 2807 |
individual's alien status shall be made except upon a | 2808 |
preponderance of the evidence that the individual had not, in | 2809 |
fact, been lawfully admitted to the United States. | 2810 |
(K) The director shall establish and utilize a system of | 2811 |
profiling all new claimants under this chapter that: | 2812 |
(1) Identifies which claimants will be likely to exhaust | 2813 |
regular compensation and will need job search assistance services | 2814 |
to make a successful transition to new employment; | 2815 |
(2) Refers claimants identified pursuant to division (K)(1) | 2816 |
of this section to reemployment services, such as job search | 2817 |
assistance services, available under any state or federal law; | 2818 |
(3) Collects follow-up information relating to the services | 2819 |
received by such claimants and the employment outcomes for such | 2820 |
claimant's subsequent to receiving such services and utilizes such | 2821 |
information in making identifications pursuant to division (K)(1) | 2822 |
of this section; and | 2823 |
(4) Meets such other requirements as the United States | 2824 |
secretary of labor determines are appropriate. | 2825 |
Sec. 4141.292. An individual suffering total or partial | 2826 |
unemployment directly attributable to a major disaster declared by | 2827 |
the president of the United States pursuant to the "Disaster | 2828 |
Relief Act of 1974," 88 Stat. 143, 42 U.S.C. 5121, who is not | 2829 |
eligible to be paid unemployment compensation benefits under this | 2830 |
chapter or any other state or federal unemployment compensation | 2831 |
law for the first week of the individual's unemployment caused by | 2832 |
the disaster is eligible to be paid a state disaster unemployment | 2833 |
benefit payment for that week. | 2834 |
The director shall compute the state disaster unemployment | 2835 |
benefit payment as if the individual was otherwise qualified and | 2836 |
claiming weekly unemployment compensation benefits under this | 2837 |
chapter. The director shall pay the state disaster unemployment | 2838 |
benefit payment from the unemployment compensation special | 2839 |
administrative fund created in section 4141.11 of the Revised | 2840 |
Code. The director shall maintain appropriate records of payments | 2841 |
made under this section and shall submit those records at least | 2842 |
annually to the unemployment compensation advisory council as | 2843 |
prescribed by the council. | 2844 |
Sec. 4141.301. (A) As used in this section, unless the | 2845 |
context clearly requires otherwise: | 2846 |
(1) "Extended benefit period" means a period which: | 2847 |
(a) Begins with the third week after a week for which there | 2848 |
is a state "on" indicator; and | 2849 |
(b) Ends with either of the following weeks, whichever occurs | 2850 |
later: | 2851 |
(i) The third week after the first week for which there is a | 2852 |
state "off" indicator; or | 2853 |
(ii) The thirteenth consecutive week of such period. | 2854 |
Except, that no extended benefit period may begin by reason | 2855 |
of a state "on" indicator before the fourteenth week following the | 2856 |
end of a prior extended benefit period which was in effect with | 2857 |
respect to this state. | 2858 |
(2) There is a "state 'on' indicator" for this state for a | 2859 |
week if the director of job and family services determines, in | 2860 |
accordance with the regulations of the United States secretary of | 2861 |
labor, that for the period consisting of such week and the | 2862 |
immediately preceding twelve weeks, the rate of insured | 2863 |
unemployment, not seasonally adjusted, under Chapter 4141. of the | 2864 |
Revised Code: | 2865 |
(a) Equaled or exceeded one hundred twenty per cent of the | 2866 |
average of such rates for the corresponding thirteen-week period | 2867 |
ending in each of the preceding two calendar years, and for weeks | 2868 |
beginning before September 25, 1982, equaled or exceeded four per | 2869 |
cent and for weeks beginning after September 25, 1982, equaled or | 2870 |
exceeded five per cent; | 2871 |
(b) For weeks of unemployment beginning after December 31, | 2872 |
1977, and before September 25, 1982, such rate of insured | 2873 |
unemployment: | 2874 |
(i) Met the criteria set forth in division (A)(2)(a) of this | 2875 |
section; or | 2876 |
(ii) Equaled or exceeded five per cent. | 2877 |
(c) For weeks of unemployment beginning after September 25, | 2878 |
1982, such rate of insured unemployment: | 2879 |
(i) Met the criteria set forth in division (A)(2)(a) of this | 2880 |
section; or | 2881 |
(ii) Equaled or exceeded six per cent. | 2882 |
(3) A "state 'off' indicator" exists for the state for a week | 2883 |
if the director determines, in accordance with the regulations of | 2884 |
the United States secretary of labor, that for the period | 2885 |
consisting of such week and the immediately preceding twelve | 2886 |
weeks, the rate of insured unemployment, not seasonally adjusted, | 2887 |
under Chapter 4141. of the Revised Code: | 2888 |
(a) Was less than one hundred twenty per cent of the average | 2889 |
of such rates for the corresponding thirteen-week period ending in | 2890 |
each of the preceding two calendar years, or for weeks beginning | 2891 |
before September 25, 1982, was less than four per cent and for | 2892 |
weeks beginning after September 25, 1982, was less than five per | 2893 |
cent; | 2894 |
(b) For weeks of unemployment beginning after December 31, | 2895 |
1977 and before September 25, 1982, such rate of insured | 2896 |
unemployment: | 2897 |
(i) Was less than five per cent; and | 2898 |
(ii) Met the criteria set forth in division (A)(3)(a) of this | 2899 |
section. | 2900 |
(c) For weeks of unemployment beginning after September 25, | 2901 |
1982, such rate of insured unemployment: | 2902 |
(i) Was less than six per cent; and | 2903 |
(ii) Met the criteria set forth in division (A)(3)(a) of this | 2904 |
section. | 2905 |
(4) "Rate of insured unemployment," for purposes of divisions | 2906 |
(A)(2) and (3) of this section, means the percentage derived by | 2907 |
dividing: | 2908 |
(a) The average weekly number of individuals filing claims | 2909 |
for regular compensation in this state for weeks of unemployment | 2910 |
with respect to the most recent thirteen-consecutive-week period, | 2911 |
as determined by the director on the basis of the director's | 2912 |
reports to the United States secretary of labor, by | 2913 |
(b) The average monthly employment covered under Chapter | 2914 |
4141. of the Revised Code, for the first four of the most recent | 2915 |
six completed calendar quarters ending before the end of such | 2916 |
thirteen-week period. | 2917 |
(5) "Regular benefits" means benefits payable to an | 2918 |
individual, as defined in division (C) of section 4141.01 of the | 2919 |
Revised Code, or under any other state law, including dependents' | 2920 |
allowance and benefits payable to federal civilian employees and | 2921 |
to ex-servicepersons pursuant to the "Act of September 6, 1966," | 2922 |
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and | 2923 |
additional benefits as defined in division (A)(10) of this | 2924 |
section. | 2925 |
(6) "Extended benefits" means benefits, including benefits | 2926 |
payable to federal civilian employees and to ex-servicepersons | 2927 |
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5 | 2928 |
U.S.C.A. 8501, and additional benefits, payable to an individual | 2929 |
under the provisions of this section for weeks of unemployment in | 2930 |
the individual's eligibility period. | 2931 |
(7) "Eligibility period" of an individual means the period | 2932 |
consisting of the weeks in the individual's benefit year which | 2933 |
begin in an extended benefit period and, if the individual's | 2934 |
benefit year ends within the extended benefit period, any weeks | 2935 |
thereafter which begin in the period. | 2936 |
(8) "Exhaustee" means an individual who, with respect to any | 2937 |
week of unemployment in the individual's eligibility period: | 2938 |
(a) Has received prior to the week, all of the regular | 2939 |
benefits that were available to the individual under Chapter 4141. | 2940 |
of the Revised Code, or any other state law, including dependents' | 2941 |
allowance and benefits payable to federal civilian employees and | 2942 |
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. | 2943 |
585, 5 U.S.C.A. 8501, in the individual's current benefit year | 2944 |
that includes the week; | 2945 |
(b) Has received, prior to the week, all of the regular | 2946 |
benefits that were available to the individual under this chapter | 2947 |
or any other state law, including dependents' allowances and | 2948 |
regular benefits available to federal civilian employees and | 2949 |
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. | 2950 |
585, 5 U.S.C.A. 8501, in the individual's current benefit year | 2951 |
that includes the week, after the cancellation of some or all of | 2952 |
the individual's wage credits or the total or partial reduction of | 2953 |
the individual's right to regular benefits, provided that, for the | 2954 |
purposes of divisions (A)(8)(a) and (8)(b) of this section, an | 2955 |
individual shall be deemed to have received in the individual's | 2956 |
current benefit year all of the regular benefits that were either | 2957 |
payable or available to the individual even though: | 2958 |
(i) As a result of a pending appeal with respect to wages or | 2959 |
employment, or both, that were not included in the original | 2960 |
monetary determination with respect to the individual's current | 2961 |
benefit year, the individual may subsequently be determined to be | 2962 |
entitled to more regular benefits, or | 2963 |
(ii) By reason of section 4141.33 of the Revised Code, or the | 2964 |
seasonal employment provisions of another state law, the | 2965 |
individual is not entitled to regular benefits with respect to the | 2966 |
week of unemployment, although the individual may be entitled to | 2967 |
regular benefits with respect to future weeks of unemployment in | 2968 |
either the next season or off season in the individual's current | 2969 |
benefit year, and the individual is otherwise an "exhaustee" | 2970 |
within the meaning of this section with respect to the right to | 2971 |
regular benefits under state law seasonal employment provisions | 2972 |
during either the season or off season in which that week of | 2973 |
unemployment occurs, or | 2974 |
(iii) Having established a benefit year, no regular benefits | 2975 |
are payable to the individual during the year because the | 2976 |
individual's wage credits were cancelled or the individual's right | 2977 |
to regular benefits was totally reduced as the result of the | 2978 |
application of a disqualification; or | 2979 |
(c) The individual's benefit year having expired prior to the | 2980 |
week, has no, or insufficient, wages or weeks of employment on the | 2981 |
basis of which the individual could establish in any state a new | 2982 |
benefit year that would include the week, or having established a | 2983 |
new benefit year that includes the week, the individual is | 2984 |
precluded from receiving regular benefits by reason of a state law | 2985 |
which meets the requirements of section 3304 (a)(7) of the | 2986 |
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301 to | 2987 |
3311; and | 2988 |
(i) Has no right for the week to unemployment benefits or | 2989 |
allowances, as the case may be, under the Railroad Unemployment | 2990 |
Insurance Act, the Trade Act of 1974, and other federal laws as | 2991 |
are specified in regulations issued by the United States secretary | 2992 |
of labor; and | 2993 |
(ii) Has not received and is not seeking for the week | 2994 |
unemployment benefits under the unemployment compensation law of | 2995 |
the Virgin Islands, prior to the day after that on which the | 2996 |
secretary of labor approves the unemployment compensation law of | 2997 |
the Virgin Islands, or of Canada; or if the individual is seeking | 2998 |
benefits and the appropriate agency finally determines that the | 2999 |
individual is not entitled to benefits under the law for the week. | 3000 |
(9) "State law" means the unemployment insurance law of any | 3001 |
state, approved by the United States secretary of labor under | 3002 |
section 3304 of the Internal Revenue Code of 1954. | 3003 |
(10) "Additional benefits" means benefits totally financed by | 3004 |
a state and payable to exhaustees by reason of high unemployment | 3005 |
or by reason of other special factors under the provisions of any | 3006 |
state law. | 3007 |
(B) Except when the result would be inconsistent with the | 3008 |
other provisions of this section, as provided in the regulations | 3009 |
of the director, the provisions of Chapter 4141. of the Revised | 3010 |
Code, which apply to claims for, or the payment of, regular | 3011 |
benefits, shall apply to claims for, and the payment of, extended | 3012 |
benefits. | 3013 |
(C) Any individual shall be eligible to receive extended | 3014 |
benefits with respect to any week of unemployment in the | 3015 |
individual's eligibility period only if the director finds that, | 3016 |
with respect to such week: | 3017 |
(1) The individual is an "exhaustee" as defined in division | 3018 |
(A)(8) of this section; and | 3019 |
(2) The individual has satisfied the requirements of Chapter | 3020 |
4141. of the Revised Code, for the receipt of regular benefits | 3021 |
that are applicable to individuals claiming extended benefits, | 3022 |
including not being subject to a disqualification for the receipt | 3023 |
of benefits. | 3024 |
(D) The weekly extended benefit amount payable to an | 3025 |
individual for a week of total unemployment in the individual's | 3026 |
eligibility period shall be the same as the weekly benefit amount | 3027 |
payable to the individual during the individual's applicable | 3028 |
benefit year. | 3029 |
(E) The total extended benefit amount payable to any eligible | 3030 |
individual with respect to the individual's applicable benefit | 3031 |
year shall be the lesser of the following amounts: | 3032 |
(1) Fifty per cent of the total amount of regular benefits, | 3033 |
including dependents' allowances which were payable to the | 3034 |
individual under Chapter 4141. of the Revised Code, in the | 3035 |
individual's applicable benefit year; | 3036 |
(2) Thirteen times the individual's weekly benefit amount, | 3037 |
including dependents' allowances, which was payable to the | 3038 |
individual under Chapter 4141. of the Revised Code, for a week of | 3039 |
total unemployment in the applicable benefit year; provided, that | 3040 |
in making the computation under divisions (E)(1) and (2) of this | 3041 |
section, any amount which is not a multiple of one dollar shall be | 3042 |
rounded to the next lower multiple of one dollar. | 3043 |
(F)(1) Except as provided in division (F)(2) of this section, | 3044 |
an individual eligible for extended benefits pursuant to an | 3045 |
interstate claim filed in any state under the interstate benefit | 3046 |
payment plan shall not be paid extended benefits for any week in | 3047 |
which an extended benefit period is not in effect in such state. | 3048 |
(2) Division (F)(1) of this section does not apply with | 3049 |
respect to the first two weeks for which extended compensation is | 3050 |
payable to an individual, as determined without regard to this | 3051 |
division, pursuant to an interstate claim filed under the | 3052 |
interstate benefit payment plan from the total extended benefit | 3053 |
amount payable to that individual in the individual's applicable | 3054 |
benefit year. | 3055 |
(3) Notwithstanding any other provisions of this section, if | 3056 |
the benefit year of any individual ends within an extended benefit | 3057 |
period, the remaining balance of extended benefits that the | 3058 |
individual would, but for this section, be entitled to receive in | 3059 |
that extended benefit period, with respect to weeks of | 3060 |
unemployment beginning after the end of the benefit year, shall be | 3061 |
reduced, but not below zero, by the product of the number of weeks | 3062 |
for which the individual received any amounts as trade | 3063 |
readjustment allowances within that benefit year, multiplied by | 3064 |
the individual's weekly benefit amount for extended benefits. | 3065 |
(G)(1) Whenever an extended benefit period is to become | 3066 |
effective in this state, as a result of a state "on" indicator, or | 3067 |
an extended benefit period is to be terminated in this state as a | 3068 |
result of a state "off" indicator, the director shall make an | 3069 |
appropriate public announcement. | 3070 |
(2) Computations required by division (A)(4) of this section | 3071 |
shall be made by the director, in accordance with the regulations | 3072 |
prescribed by the United States secretary of labor. | 3073 |
(H)(1)(a) The director shall promptly examine any application | 3074 |
for extended benefits filed and, under this section, determine | 3075 |
whether the application is to be allowed or disallowed and, if | 3076 |
allowed, the weekly and total extended benefits payable and the | 3077 |
effective date of the application. The claimant, the claimant's | 3078 |
most recent employer, and any other employer in the base period of | 3079 |
the claim upon which the extended benefits are based, and who was | 3080 |
chargeable for regular benefits based on such claim, shall be | 3081 |
notified of such determination. | 3082 |
(b) The determination issued to the most recent or other base | 3083 |
period employer shall include the total amount of extended | 3084 |
benefits that may be charged to the employer's account. Such | 3085 |
potential charge amount shall be an amount equal to one-fourth of | 3086 |
the regular benefits chargeable to the employer's account on the | 3087 |
regular claim upon which extended benefits are based except that, | 3088 |
effective January 1, 1979, the potential charge amount to the | 3089 |
state and its
instrumentalities | 3090 |
and their instrumentalities, and Indian tribes shall be an amount | 3091 |
equal to one-half of the regular benefits chargeable to their | 3092 |
accounts on such claim. If regular benefits were chargeable to the | 3093 |
mutualized account, in lieu of an employer's account, then the | 3094 |
extended benefits which are based on such prior mutualized | 3095 |
benefits shall also be charged to the mutualized account. | 3096 |
(c) As extended benefits are paid to eligible individuals: | 3097 |
(i) One-half of such benefits will be charged to an extended | 3098 |
benefit account to which reimbursement payments of one-half of | 3099 |
extended benefits, received from the federal government as | 3100 |
described in division (J) of this section, will be credited; and | 3101 |
(ii) One-half of the extended benefits shall be charged to | 3102 |
the accounts of base period employers and the mutualized account | 3103 |
in the same proportion as was provided for on the regular claim; | 3104 |
or | 3105 |
(iii) The full amount of extended benefits shall be charged | 3106 |
to the accounts of the state and its instrumentalities,
| 3107 |
political subdivisions and their instrumentalities, and Indian | 3108 |
tribes. Employers making payments in lieu of contributions shall | 3109 |
be charged in accordance with division (B)(1) of section 4141.241 | 3110 |
of the Revised Code. | 3111 |
(d) If the application for extended benefits is disallowed, a | 3112 |
determination shall be issued to the claimant, which determination | 3113 |
shall set forth the reasons for the disallowance. Determinations | 3114 |
issued under this division, whether allowed or disallowed, shall | 3115 |
be subject to reconsideration and appeal in accordance with | 3116 |
section 4141.281 of the Revised Code. | 3117 |
(2) Any additional or continued claims, as described in | 3118 |
division (F) of section 4141.01 of the Revised Code, filed by an | 3119 |
individual at the beginning of, or during, the individual's | 3120 |
extended benefit period shall be determined under division (E) of | 3121 |
section 4141.28 of the Revised Code, and such determination shall | 3122 |
be subject to reconsideration and appeal in accordance with | 3123 |
section 4141.281 of the Revised Code. | 3124 |
(I) Notwithstanding division (B) of this section, payment of | 3125 |
extended benefits under this section shall not be made to any | 3126 |
individual for any week of unemployment in the individual's | 3127 |
eligibility period during which the individual fails to accept any | 3128 |
offer of suitable work, as defined in division (I)(2) of this | 3129 |
section, or fails to apply for any suitable work to which the | 3130 |
individual was referred by the director, or fails to actively | 3131 |
engage in seeking work, as prescribed in division (I)(4) of this | 3132 |
section. | 3133 |
(1) If any individual is ineligible for extended benefits for | 3134 |
any week by reason of a failure described in this division, the | 3135 |
individual shall be ineligible to receive extended benefits | 3136 |
beginning with the week in which the failure occurred and | 3137 |
continuing until the individual has been employed during each of | 3138 |
four subsequent weeks and the total remuneration earned by the | 3139 |
individual for this employment is equal to or more than four times | 3140 |
the individual's weekly extended benefit amount, and has met all | 3141 |
other eligibility requirements of this section, in order to | 3142 |
establish entitlement to extended benefits. | 3143 |
(2) For purposes of this section, the term "suitable work" | 3144 |
means, with respect to an individual, any work which is within the | 3145 |
individual's capabilities, provided that with respect to the | 3146 |
position all of the following requirements are met: | 3147 |
(a) It offers the individual gross average weekly | 3148 |
remuneration of more than the sum of: | 3149 |
(i) The individual's extended weekly benefit amount; and | 3150 |
(ii) The amount of supplemental unemployment compensation | 3151 |
benefits, as defined in section 501(c)(17)(D) of the "Internal | 3152 |
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to | 3153 |
the individual for the week of unemployment. | 3154 |
(b) It pays equal to or more than the higher of: | 3155 |
(i) The minimum wage provided by section 6(a)(1) of the "Fair | 3156 |
Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 206, | 3157 |
without regard to any exemption; or | 3158 |
(ii) Any applicable state or local minimum wage. | 3159 |
(c) It is offered to the individual in writing or is listed | 3160 |
with the employment office maintained or designated by the | 3161 |
director. | 3162 |
(3) Extended benefits shall not be denied under this division | 3163 |
to any individual for any week by reason of a failure to accept an | 3164 |
offer of, or apply for suitable work if either of the following | 3165 |
conditions apply: | 3166 |
(a) The failure would not result in a denial of benefits to a | 3167 |
regular benefit claimant under section 4141.29 of the Revised Code | 3168 |
to the extent that section 4141.29 of the Revised Code is not | 3169 |
inconsistent with division (I)(2) of this section; | 3170 |
(b) The individual furnishes evidence satisfactory to the | 3171 |
director that the individual's prospects for obtaining work in the | 3172 |
individual's customary occupation within a reasonably short period | 3173 |
are good. If the evidence is deemed satisfactory, the | 3174 |
determination as to whether any work is suitable work with respect | 3175 |
to this individual and whether the individual is ineligible or | 3176 |
disqualified shall be based upon the meaning of "suitable work" | 3177 |
and other provisions in section 4141.29 of the Revised Code. | 3178 |
(4) For purposes of this section, an individual shall be | 3179 |
treated as actively engaged in seeking work during any week if: | 3180 |
(a) The individual has engaged in a systematic and sustained | 3181 |
effort to obtain work during that week; and | 3182 |
(b) The individual provides tangible evidence to the director | 3183 |
that the individual has engaged in the effort during that week. | 3184 |
(5) The director shall refer applicants for extended benefits | 3185 |
to job openings that meet the requirements of divisions (E) and | 3186 |
(F) of section 4141.29 of the Revised Code, and in the case of | 3187 |
applicants whose prospects are determined not to be good under | 3188 |
division (I)(3)(b) of this section to any suitable work which | 3189 |
meets the criteria in divisions (I)(2) and (3)(a) of this section. | 3190 |
(6) Individuals denied extended or regular benefits under | 3191 |
division (D)(1)(b) of section 4141.29 of the Revised Code because | 3192 |
of being given a disciplinary layoff for misconduct must, after | 3193 |
the date of disqualification, work the length of time and earn the | 3194 |
amount of remuneration specified in division (I)(1) of this | 3195 |
section, and meet all other eligibility requirements of this | 3196 |
section, in order to establish entitlement to extended benefits. | 3197 |
(J) All payments of extended benefits made pursuant to this | 3198 |
section shall be paid out of the unemployment compensation fund, | 3199 |
provided by section 4141.09 of the Revised Code, and all payments | 3200 |
of the federal share of extended benefits that are received as | 3201 |
reimbursements under section 204 of the "Federal-State Extended | 3202 |
Unemployment Compensation Act of 1970," 84 Stat. 696, 26 U.S.C.A. | 3203 |
3306, shall be deposited in such unemployment compensation fund | 3204 |
and shall be credited to the extended benefit account established | 3205 |
by division (G) of this section. Any refund of extended benefits, | 3206 |
because of prior overpayment of such benefits, may be made from | 3207 |
the unemployment compensation fund. | 3208 |
(K) In the administration of the provisions of this section | 3209 |
which are enacted to conform with the requirements of the | 3210 |
"Federal-State Extended Unemployment Compensation Act of 1970," 84 | 3211 |
Stat. 696, 26 U.S.C.A. 3306, the director shall take such action | 3212 |
consistent with state law, as may be necessary: | 3213 |
(1) To ensure that the provisions are so interpreted and | 3214 |
applied as to meet the requirements of the federal act as | 3215 |
interpreted by the United States department of labor; and | 3216 |
(2) To secure to this state the full reimbursement of the | 3217 |
federal share of extended benefits paid under this section that | 3218 |
are reimbursable under the federal act. | 3219 |
Sec. 4141.31. (A) Benefits otherwise payable for any week | 3220 |
shall be reduced by the amount of remuneration or other payments a | 3221 |
claimant receives with respect to such week as follows: | 3222 |
(1) Remuneration in lieu of notice; | 3223 |
(2) Compensation for wage loss under division (B) of section | 3224 |
4123.56 of the Revised Code or | 3225 |
similar provision under the workers' compensation law of any state | 3226 |
or
| 3227 |
(3) | 3228 |
3229 | |
allowances
| 3230 |
3231 | |
3232 | |
3233 | |
3234 | |
3235 | |
3236 | |
3237 | |
3238 | |
3239 | |
3240 | |
3241 | |
3242 | |
3243 | |
3244 | |
3245 | |
Code; | 3246 |
(4) Remuneration in the form of separation or termination pay | 3247 |
paid to an employee at the time of the employee's separation from | 3248 |
employment; | 3249 |
(5) Vacation pay or allowance payable under the terms of a | 3250 |
labor-management contract or agreement, or other contract of hire, | 3251 |
which payments are allocated to designated weeks. | 3252 |
If payments under this division are paid with respect to a | 3253 |
month then the amount of remuneration deemed to be received with | 3254 |
respect to any week during such month shall be computed by | 3255 |
multiplying such monthly amount by twelve and dividing the product | 3256 |
by fifty-two. If there is no designation of the period with | 3257 |
respect to which payments to an individual are made under this | 3258 |
section then an amount equal to such individual's normal weekly | 3259 |
wage shall be attributed to and deemed paid with respect to the | 3260 |
first and each succeeding week following the individual's | 3261 |
separation or termination from the employment of the employer | 3262 |
making the payment until such amount so paid is exhausted. | 3263 |
If benefits for any week, when reduced as provided in this | 3264 |
division, result in an amount not a multiple of one dollar, such | 3265 |
benefits shall be rounded to the next lower multiple of one | 3266 |
dollar. | 3267 |
Any payment allocated by the employer or the director of job | 3268 |
and family services to weeks under division (A)(1), (4), or (5) of | 3269 |
this section shall be deemed to be remuneration for the purposes | 3270 |
of establishing a qualifying week and a benefit year under | 3271 |
divisions (O)(1) and (R) of section 4141.01 of the Revised Code. | 3272 |
(B) Benefits payable for any week shall not be reduced by the | 3273 |
amount of remuneration a claimant receives with respect to such | 3274 |
week in the form of drill or reserve pay received by a member of | 3275 |
the Ohio national guard or the armed forces reserve for attendance | 3276 |
at a regularly scheduled drill or meeting. | 3277 |
(C) No benefits shall be paid for any week with respect to | 3278 |
which or a part of which an individual has received or is seeking | 3279 |
unemployment benefits under an unemployment compensation law of | 3280 |
any other state or of the United States, provided the | 3281 |
disqualifications shall not apply if the appropriate agency of | 3282 |
such other state or of the United States finally determines that | 3283 |
an individual is not entitled to such unemployment benefits. A law | 3284 |
of the United States providing any payment of any type and in any | 3285 |
amounts for periods of unemployment due to lack of work shall be | 3286 |
considered an unemployment compensation law of the United States. | 3287 |
(D) Notwithstanding any other provision in this chapter, | 3288 |
benefits otherwise payable shall not be reduced by payments that | 3289 |
were made to an individual on or after August 1, 1991, pursuant to | 3290 |
"The National Defense Authorization Act for Fiscal Years 1992 and | 3291 |
1993," Public Law 102-190, 105 Stat. 1394, 1396, 10 U.S.C.A. | 3292 |
1174a, 1175, in the form of voluntary separation incentive | 3293 |
payments and special separation pay. | 3294 |
Sec. 4141.312. | 3295 |
3296 | |
3297 | |
3298 | |
3299 | |
3300 |
(A) The amount of benefits payable to a claimant for any week | 3301 |
with respect to which the claimant is receiving a governmental or | 3302 |
other pension, retirement or retired pay, annuity or any other | 3303 |
similar periodic payment which is based on the previous work of | 3304 |
the individual, shall | 3305 |
be reduced by an amount equal to the amount of the pension, | 3306 |
retirement or retired pay, annuity or other payment which is | 3307 |
reasonably attributable to that week, except that the requirements | 3308 |
for this division shall apply to any pension, retirement or | 3309 |
retired pay, annuity, or other similar periodic payment only if | 3310 |
both of the following apply: | 3311 |
(1) The payment is under a plan maintained or contributed to | 3312 |
by a base period employer or chargeable employer. | 3313 |
(2) In the case of a payment under a plan not made under the | 3314 |
"Social Security Act," 42 U.S.C. 401 et. seq., or the "Railroad | 3315 |
Retirement Act of 1974," 45 U.S.C. 231 et. seq., or the | 3316 |
corresponding provisions of prior law, services performed for such | 3317 |
employer by the individual after the beginning of the base period, | 3318 |
or remuneration for such services, affect eligibility for, or | 3319 |
increase the amount of, such pension, retirement or retired pay, | 3320 |
annuity, or similar payment. | 3321 |
(B) The amount of any disability pension, allowance, or | 3322 |
payment paid to former members of the armed forces of the United | 3323 |
States which is based on the nature and extent of the disability | 3324 |
rather than a prior period of employment or service, shall not | 3325 |
reduce or be deducted from the weekly benefits payable. | 3326 |
Sec. 4141.48. (A) No person shall acquire the trade or | 3327 |
business of an employer, or a portion thereof, solely or primarily | 3328 |
for the purpose of obtaining a lower rate of contributions under | 3329 |
sections 4141.09, 4141.23, 4141.24, 4141.241, 4141.242, 4141.25, | 3330 |
4141.26, and 4141.27 of the Revised Code. | 3331 |
(B) In determining whether the trade or business was acquired | 3332 |
solely or primarily for the purpose of obtaining a lower rate of | 3333 |
contributions, the director shall use objective factors that may | 3334 |
include all of the following: | 3335 |
(1) The cost of acquiring the trade or business; | 3336 |
(2) Whether the person continued the trade or business of the | 3337 |
acquired trade or business; | 3338 |
(3) If the trade or business was continued, how long the | 3339 |
trade or business was continued; | 3340 |
(4) Whether a substantial number of new employees were hired | 3341 |
for performance of duties unrelated to the business activity | 3342 |
conducted prior to the acquisition. | 3343 |
(C) If a person knowingly violates, attempts to violate, or | 3344 |
advises another person in a way that results in a violation of | 3345 |
division (A) of this section or any other provision of this | 3346 |
chapter related to determining the assignment of a contribution | 3347 |
rate, the person is subject to the following penalties: | 3348 |
(1) If the person is an employer, the director shall assign | 3349 |
the employer the highest maximum rate or penalty rate assignable | 3350 |
under this chapter for the rate year during which the violation or | 3351 |
attempted violation occurred and the three rate years immediately | 3352 |
following that rate year, except that, if the person's business is | 3353 |
already at the highest rate for any of those years, or if the | 3354 |
amount of increase in the person's rate would be less than two per | 3355 |
cent for that year, then an additional penalty rate of | 3356 |
contributions of two per cent of taxable wages shall be imposed | 3357 |
for that year. | 3358 |
(2) If the person is not an employer, the director shall | 3359 |
assess a fine of five thousand dollars. | 3360 |
(D) The director shall deposit any fine collected under | 3361 |
division (C)(2) of this section into the special administrative | 3362 |
fund established under section 4141.11 of the Revised Code. | 3363 |
(E) The director shall credit fifty per cent of amounts paid | 3364 |
to the director under rates determined pursuant to division (C)(1) | 3365 |
of this section to the individual employer's account and fifty per | 3366 |
cent to the mutualized account established pursuant to division | 3367 |
(B) of section 4141.25 of the Revised Code. | 3368 |
(F) The director shall round the contribution rates the | 3369 |
director determines under division (C)(1) of this section to the | 3370 |
nearest tenth of one per cent. | 3371 |
(G) For purposes of this section: | 3372 |
(1) "Knowingly" means having actual knowledge of or acting | 3373 |
with deliberate ignorance or reckless disregard for the | 3374 |
prohibition involved. | 3375 |
(2) "Person" has the same meaning as under "The Internal | 3376 |
Revenue Code of 1986," 100 Stat. 2138, 26 U.S.C. 7701. | 3377 |
(3) "Trade or business" includes the employer's workforce. | 3378 |
(4) "Violates or attempts to violate" includes, but is not | 3379 |
limited to, intent to evade, misrepresentation, or willful | 3380 |
nondisclosure. | 3381 |
Sec. 4141.99. (A) Whoever violates section 4141.07 of the | 3382 |
Revised Code is guilty of a misdemeanor of the first degree. | 3383 |
(B) Whoever violates section 4141.22 of the Revised Code | 3384 |
shall be fined not less than one hundred nor more than one | 3385 |
thousand dollars, or imprisoned not more than one year, or both. | 3386 |
(C) Whoever violates section 4141.38 of the Revised Code | 3387 |
shall be fined not more than five hundred dollars. | 3388 |
(D) Whoever violates section 4141.40 of the Revised Code | 3389 |
shall be fined not more than five hundred dollars for a first | 3390 |
offense; for each subsequence offense such person shall be fined | 3391 |
not less than twenty-five nor more than one thousand dollars. | 3392 |
(E) Whoever violates section 4141.046 of the Revised Code is | 3393 |
guilty of a misdemeanor of the third degree for a first offense; | 3394 |
for each subsequent offense the person is guilty of a misdemeanor | 3395 |
of the first degree. | 3396 |
(F) Whoever knowingly transfers employees of a trade or | 3397 |
business or advises another person to transfer employees in | 3398 |
violation of division (A) of section 4141.48 of the Revised Code | 3399 |
is guilty of unemployment tax evasion. In addition to the | 3400 |
penalties imposed in division (C) of section 4141.48 of the | 3401 |
Revised Code, if the tax avoided by the trade or business is less | 3402 |
than ten thousand dollars, the violation is a misdemeanor of the | 3403 |
first degree under section 2929.24 of the Revised Code. If the tax | 3404 |
avoided is ten thousand dollars or more, the violation is a felony | 3405 |
under section 2929.14 of the Revised Code, with increased criminal | 3406 |
penalties as follows: | 3407 |
(1) If the tax avoided by the business is ten thousand | 3408 |
dollars or more but less than fifty thousand dollars, the | 3409 |
violation is a felony of the fifth degree. | 3410 |
(2) If the tax avoided is fifty thousand dollars or more but | 3411 |
less than one hundred thousand dollars, the violation is a felony | 3412 |
of the fourth degree. | 3413 |
(3) If the tax avoided is one hundred thousand dollars or | 3414 |
more, the violation is a felony of the third degree. | 3415 |
(G) For purposes of division (F) of this section, | 3416 |
"knowingly," "person," "trade or business," and "violates or | 3417 |
attempts to violate" have the same meanings as in section 4141.48 | 3418 |
of the Revised Code. | 3419 |
Section 2. That existing sections 4141.01, 4141.11, 4141.131, | 3420 |
4141.24, 4141.242, 4141.25, 4141.26, 4141.28, 4141.282, 4141.283, | 3421 |
4141.29, 4141.301, 4141.31, 4141.312, and 4141.99 and section | 3422 |
4141.311 of the Revised Code are hereby repealed. | 3423 |
Section 3. Notwithstanding division (B)(2) of section 4141.26 | 3424 |
of the Revised Code as amended by this act, for rate years prior | 3425 |
to 2006, the director shall revise the contribution rate of any | 3426 |
employer who has not timely furnished the necessary wage | 3427 |
information as required by division (A) of that section, who has | 3428 |
been assigned a contribution rate pursuant to division (B) of that | 3429 |
section, and who does not meet the requirements of division (B)(1) | 3430 |
of that section, if the employer furnishes the necessary wage | 3431 |
information to the director within thirty-six months following the | 3432 |
thirty-first day of December of the year immediately preceding the | 3433 |
contribution period for which the rate is to be effective. The | 3434 |
revised rate under this section shall be equal to one hundred | 3435 |
twenty per cent of the contribution rate that would have resulted | 3436 |
if the employer had timely furnished the necessary wage | 3437 |
information under division (A) of that section. | 3438 |