As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 311


Representative Widowfield 

Cosponsor: Representative Evans 



A BILL
To amend section 4141.30 of the Revised Code to 1
include in the calculation of dependents for the 2
purpose of determining unemployment benefits any 3
child that the individual claiming benefits has 4
been granted custody of by court order.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4141.30 of the Revised Code be 6
amended to read as follows:7

       Sec. 4141.30.  (A) All benefits shall be paid through public8
employment offices in accordance with such rules as the director9
of job and family services prescribes.10

       (B) With the exceptions in division (B)(4) of this section,11
benefits are payable to each eligible and qualified individual on12
account of each week of involuntary total unemployment after the13
specified waiting period at the weekly benefit amount determined14
by:15

       (1) Computing the individual's average weekly wage as defined 16
in division (O)(2) of section 4141.01 of the Revised Code;17

       (2) Determining the individual's dependency class under18
division (E) of this section;19

       (3) Computing the individual's weekly benefit amount to be20
fifty per cent of the individual's average weekly wage except,21
that the individual's weekly benefit amount shall not exceed the22
maximum amount shown for the individual's dependency class in the23
following table:24

Maximum Weekly 25
Dependency Class Benefit Amount 26
A $147 27
B 223 28
C 233 29

       Effective Sunday of the calendar week in which January 1,30
1988, occurs and on each similar day of each year thereafter, the31
current maximum weekly benefit amount for each dependency class32
shall be adjusted based on the statewide average weekly wage. Any33
percentage increase in such statewide average weekly wage between34
the wage computed for the current year and the wage computed for35
the preceding year shall be used to increase the maximum amounts36
then in effect by the same percentage. Such increased amounts will 37
be effective with respect to apphcationsapplications for benefit 38
rights filed during the fifty-two consecutive calendar weeks 39
beginning with such Sunday date.40

       The director shall calculate the statewide average weekly41
wage based on the average weekly earnings of all workers in42
employment subject to this chapter during the preceding43
twelve-month period ending the thirtieth day of June. The44
calculation shall be made in the following manner:45

       (a) The sum of the total monthly employment reported for the46
previous twelve-month period shall be divided by twelve to47
determine the average monthly employment;48

       (b) The sum of the total wages reported for the previous49
twelve-month period shall be divided by the average monthly50
employment to determine the average annual wage;51

       (c) The average annual wage shall be divided by fifty-two to52
determine the statewide average weekly wage.53

       In the computation of the weekly benefit amount, any54
resulting amount not a multiple of one dollar shall be rounded to55
the next lower multiple of one dollar. In the computation of the56
adjusted maximum benefit amounts, based on the statewide average57
weekly wage, any resulting amount not a multiple of one dollar58
shall be rounded to the next lower multiple of one dollar.59

       (4) Effective Sunday of the calendar week in which January 1, 60
occurs for calendar years 1988 through 1993, the maximum weekly61
benefit amount payable for an individual's dependency class for62
those years shall be computed in accordance with this division,63
with an additional increase added to the prior year's increase64
equal to one-sixth of total percentage increase that otherwise65
would have been available in calendar years 1983, 1984, 1985,66
1986, and 1987, if in those years an adjustment in the maximum67
weekly benefit amount would have been made pursuant to this68
division.69

       (5) Effective Sunday of the calendar week in which January 1, 70
1991, occurs, the maximum weekly benefit amounts computed under71
divisions (B)(3) and (4) of this section shall not exceed the72
following amounts:73

       (a) For dependency class A, fifty per cent of the statewide74
average weekly wage;75

       (b) For dependency class B, sixty per cent of the statewide76
average weekly wage;77

       (c) For dependency class C, sixty-six and two-thirds per cent 78
of the statewide average weekly wage.79

       Division (B)(5) of this section applies to all new claims80
filed on and after the Sunday of the calendar week in which81
January 1, 1991, occurs, provided that the maximum weekly benefit82
amounts established for the dependency classes prior to such date83
apply to all claims until the maximum weekly benefit amounts as84
determined pursuant to division (B)(5) of this section equal or85
exceed the maximum weekly benefit amounts in effect prior to such86
date.87

       (C) Benefits are payable to each partially unemployed88
individual otherwise eligible on account of each week of89
involuntary partial unemployment after the specified waiting90
period in an amount equal to the individual's weekly benefit91
amount less that part of the remuneration payable to the92
individual with respect to such week which is in excess of twenty93
per cent of the individual's weekly benefit amount, and the94
resulting amount rounded to the next lower multiple of one dollar.95

       (D) The total benefits to which an individual is entitled in96
any benefit year, whether for partial or total unemployment, or97
both, shall not exceed the lesser of the following two amounts:98
(1) an amount equal to twenty-six times the individual's weekly99
benefit amount determined in accordance with division (B) of this100
section and this division, or (2) an amount computed by taking the101
sum of twenty times the individual's weekly benefit amount for the102
first twenty base period qualifying weeks plus one times the103
weekly benefit amount for each additional qualifying week beyond104
the first twenty qualifying weeks in the individual's base period.105

       (E)(1) Each eligible and qualified individual shall be106
assigned a dependency class in accordance with the following107
schedule:108

Class Description of Dependents 109

A No dependents, or has insufficient 110
wages to qualify for more than the 111
maximum weekly benefit amount as 112
provided under dependency class A 113
B One or two dependents 114
C Three or more dependents 115

       (2) As used in this division "dependent"(E) of this section:116

       (a) "Child" means any natural child, stepchild, or adopted 117
child of the individual claiming benefits and any child that the 118
individual claiming benefits has been granted custody of by court 119
order;120

       (b) "Dependent" means:121

       (1)(i) Any natural child, stepchild, or adopted child offor 122
whom the individual claiming benefits for whom such individual at 123
the beginning of the individual's current benefit year is124
supplying and for at least ninety consecutive days, or for the 125
duration of the parental or custodial relationship if it existed 126
less than ninety days, immediately preceding the beginning of such 127
benefit year, has supplied more than one-half of the cost of 128
support and if such child on the beginning date of such benefit 129
year was under eighteen years of age, or if unable to work because 130
of permanent physical or mental disability;131

       (2)(ii) The legally married wife or husband of the individual132
claiming benefits for whom more than one-half the cost of support133
has been supplied by such individual for at least ninety134
consecutive days, or for the duration of the marital relationship135
if it has existed for less than ninety days, immediately preceding136
the beginning of such individual's current benefit year and such137
wife or husband was living with such individual and had an average138
weekly income, in such period, not in excess of twenty-five per139
cent of the claimant's average weekly wage.140

       (3)(iii) If both the husband and wife qualify for benefit141
rights with overlapping benefit years, only one of them may142
qualify for a dependency class other than A.143

       Section 2. That existing section 4141.30 of the Revised Code 144
is hereby repealed.145