As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 330

Senator Boccieri 

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A BILL

To amend sections 4141.31 and 4141.312 of the Revised

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Code to eliminate the reduction in the amount of

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a claimant's unemployment compensation benefits

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by the amount the claimant concurrently receives

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in specified military benefits.

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

Section 1. That sections 4141.31 and 4141.312 of the Revised	6
Code be amended to read as follows:	7

Sec. 4141.31.  (A) Benefits otherwise payable for any week	8
shall be reduced by the amount of remuneration or other payments a	9
claimant receives with respect to such week as follows:	10

(1) Remuneration in lieu of notice;

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(2) Compensation for wage loss under division (B) of section	12
4123.56 of the Revised Code or a similar provision under the	13
workers' compensation law of any state or the United States;	14

(3) Payments in the form of retirement, or pension allowances	15
as provided under section 4141.312 of the Revised Code;	16

(4) RemunerationExcept as otherwise provided in division (D)	17
of this section, remuneration in the form of separation or	18
termination pay paid to an employee at the time of the employee's	19
separation from employment;	20

(5) Vacation pay or allowance payable under the terms of a	21
labor-management contract or agreement, or other contract of hire,	22
which payments are allocated to designated weeks.	23

If payments under this division are paid with respect to a	24
month then the amount of remuneration deemed to be received with	25
respect to any week during such month shall be computed by	26
multiplying such monthly amount by twelve and dividing the product	27
by fifty-two. If there is no designation of the period with	28
respect to which payments to an individual are made under this	29
section then an amount equal to such individual's normal weekly	30
wage shall be attributed to and deemed paid with respect to the	31
first and each succeeding week following the individual's	32
separation or termination from the employment of the employer	33
making the payment until such amount so paid is exhausted.	34

If benefits for any week, when reduced as provided in this	35
division, result in an amount not a multiple of one dollar, such	36
benefits shall be rounded to the next lower multiple of one	37
dollar.	38

Any payment allocated by the employer or the director of job	39
and family services to weeks under division (A)(1), (4), or (5) of	40
this section shall be deemed to be remuneration for the purposes	41
of establishing a qualifying week and a benefit year under	42
divisions (O)(1) and (R) of section 4141.01 of the Revised Code.	43

(B) Benefits payable for any week shall not be reduced by the	44
amount of remuneration a claimant receives with respect to such	45
week in the form of drill or reserve pay received by a member of	46
the Ohio national guard or the armed forces reserve for attendance	47
at a regularly scheduled drill or meeting.	48

(C) No benefits shall be paid for any week with respect to	49
which or a part of which an individual has received or is seeking	50
unemployment benefits under an unemployment compensation law of	51
any other state or of the United States, provided the	52
disqualifications shall not apply if the appropriate agency of	53
such other state or of the United States finally determines that	54
an individual is not entitled to such unemployment benefits. A	55
law of the United States providing any payment of any type and in	56
any amounts for periods of unemployment due to lack of work shall	57
be considered an unemployment compensation law of the United	58
States.	59

(D) Notwithstanding any other provision in this chapter,	60
benefits otherwiseBenefits payable for any week shall not be	61
reduced by payments that were madethe amount of military	62
severance, disability, or separation pay paid to an individual on	63
or after August 1, 1991, pursuant to "The National Defense	64
Authorization Act for Fiscal Years 1992 and 1993," Public Law	65
102-190, 105 Stat. 1394, 1396, 10 U.S.C.A. 1174a, 1175, in the	66
form of voluntary separation incentive payments and special	67
separation paywho is a former member of the armed forces of the	68
United States.	69

Sec. 4141.312.  (A) Except as otherwise specified in division	70
(B) of this section, the amount of benefits payable to a claimant	71
for any week with respect to which the claimant is receiving a	72
governmental or other pension, retirement or retired pay, annuity	73
or any other similar periodic payment which is based on the	74
previous work of the individual, shall be reduced by an amount	75
equal to the amount of the pension, retirement or retired pay,	76
annuity or other payment which is reasonably attributable to that	77
week, except that the requirements for this division shall apply	78
to any pension, retirement or retired pay, annuity, or other	79
similar periodic payment only if both of the following apply:	80

(1) The payment is under a plan maintained or contributed to	81
by a base period employer or chargeable employer.	82

(2) In the case of a payment under a plan not made under the	83
"Social Security Act," 42 U.S.C. 401 et seq., or the "Railroad	84
Retirement Act of 1974," 45 U.S.C. 231 et seq., or the	85
corresponding provisions of prior law, services performed for such	86
employer by the individual after the beginning of the base period,	87
or remuneration for such services, affect eligibility for, or	88
increase the amount of, such pension, retirement or retired pay,	89
annuity, or similar payment.	90

(B) The amount of any disability pension, allowance, or	91
payment paid to former members of the armed forces of the United	92
States which is based on the nature and extent of the disability	93
rather than a prior period of employment or service, shall not	94
reduce or be deducted from the weekly benefits payable.	95

(C) If a claimant has made a contribution to social security	96
pursuant to the "Social Security Act," 42 U.S.C. 401 et seq., and	97
that claimant is receiving a retirement payment pursuant to that	98
act, the claimant's weekly benefit shall not be reduced by the	99
amount of that retirement payment because the claimant contributed	100
to social security.	101

Section 2. That existing sections 4141.31 and 4141.312 of the	102
Revised Code are hereby repealed.	103