As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. S. B. No. 116

Senator Padgett 

Cosponsors: Senators Coughlin, Niehaus, Stivers, Faber, Clancy, Jacobson, Goodman, Smith, Miller, D., Schuler, Grendell, Mumper, Schuring, Buehrer, Roberts, Kearney, Cates, Amstutz, Austria, Boccieri, Cafaro, Carey, Fedor, Gardner, Harris, Mason, Miller, R., Morano, Sawyer, Schaffer, Spada, Wilson 

Representatives Skindell, Bacon, Bolon, Boyd, Brown, Budish, Chandler, Driehaus, Evans, Flowers, Garrison, Hagan, R., Hite, Hottinger, McGregor, R., Schlichter, Stewart, D., Stewart, J., Strahorn, Ujvagi, Yates, Adams, Barrett, Batchelder, Beatty, Blessing, Book, Brady, Bubp, Celeste, Collier, Combs, DeBose, DeGeeter, Distel, Dodd, Domenick, Dyer, Fende, Fessler, Foley, Gerberry, Goyal, Hagan, J., Harwood, Healy, Heard, Huffman, Hughes, Koziura, Latta, Letson, Luckie, Lundy, McGregor, J., Mecklenborg, Oelslager, Okey, Otterman, Patton, Peterson, Raussen, Sayre, Schindel, Schneider, Setzer, Stebelton, Szollosi, Uecker, Wagner, White, Widener, Widowfield, Williams, B., Williams, S., Yuko, Zehringer 

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A BILL

To amend section 4141.312 of the Revised Code to

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specify conditions under which a claimant's

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unemployment compensation benefits are not reduced

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by the amount the claimant concurrently receives

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in social security retirement benefits and to

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declare an emergency.

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

Section 1. That section 4141.312 of the Revised Code be	7
amended to read as follows:	8

Sec. 4141.312.  (A) TheExcept as otherwise specified in this	9
section, the amount of benefits payable to a claimant for any week	10
with respect to which the claimant is receiving a governmental or	11
other pension, retirement or retired pay, annuity or any other	12
similar periodic payment which is based on the previous work of	13
the individual, shall be reduced by an amount equal to the amount	14
of the pension, retirement or retired pay, annuity or other	15
payment which is reasonably attributable to that week, except that	16
the requirements for this division shall apply to any pension,	17
retirement or retired pay, annuity, or other similar periodic	18
payment only if both of the following apply:	19

(1) The payment is under a plan maintained or contributed to	20
by a base period employer or chargeable employer.	21

(2) In the case of a payment under a plan not made under the	22
"Social Security Act," 42 U.S.C. 401 et.et seq., or the "Railroad	23
Retirement Act of 1974," 45 U.S.C. 231 et.et seq., or the	24
corresponding provisions of prior law, services performed for such	25
employer by the individual after the beginning of the base period,	26
or remuneration for such services, affect eligibility for, or	27
increase the amount of, such pension, retirement or retired pay,	28
annuity, or similar payment.	29

(B) The amount of any disability pension, allowance, or	30
payment paid to former members of the armed forces of the United	31
States which is based on the nature and extent of the disability	32
rather than a prior period of employment or service, shall not	33
reduce or be deducted from the weekly benefits payable.	34

(C) If a claimant has made a contribution to social security	35
pursuant to the "Social Security Act," 42 U.S.C. 401 et seq., and	36
that claimant is receiving a retirement payment pursuant to that	37
act, the claimant's weekly benefit shall not be reduced by the	38
amount of that retirement payment because the claimant contributed	39
to social security.	40

Section 2.  That existing section 4141.312 of the Revised	41
Code is hereby repealed.	42

Section 3.  This act is hereby declared to be an emergency	43
measure necessary for the immediate preservation of the public	44
peace, health, and safety. The reason for such necessity is to	45
provide immediate assistance to individuals who are deprived	46
currently of their full unemployment compensation benefits under	47
Ohio law. Therefore, this act shall go into immediate effect.	48