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As Reported by the House Commerce and Labor Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 478 |
REPRESENTATIVES CORBIN-HODGES-GARCIA-O'BRIEN-BRADING-
SCHULER-TERWILLEGER-LAWRENCE-BOYD
A BILL
To amend sections 2743.55, 4141.01, 4141.05, 4141.06, 4141.07, 4141.09,
4141.16, 4141.17, 4141.20, 4141.21,
4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 4141.29,
4141.291,
4141.301, 4141.312, 4141.33, 4141.35, and 4141.43 and to repeal sections
4141.043 and
4141.251 of the Revised Code to make changes
in the determination of benefits
by the Administrator of the Bureau of Employment Services,
to make changes in the appeals process for
unemployment compensation claims,
to clarify when an
employer receives an experience-rated
unemployment tax rate, to change the notice
requirements for
employers, to modify the provisions regarding seasonal employment,
to permit the Bureau to charge the mutualized account when there
is no other account to which benefits may be
charged, to specify that all
information maintained by the
Administrator is confidential, to authorize the acceptance of
reports required from employers and unemployment claims from
claimants by electronic means,
to delete the
calendar year 1990 costs of automation surcharge on all
employers, to provide that the Bureau receives legal process in
child support enforcement matters
rather than the Department of
Human Services, to include limited liability companies
in the definition of
"employer," to change the definition
of independent contractor, to make
conforming changes in response to
changes in the Federal Unemployment Tax Act, and to make other
changes in the Unemployment Compensation
Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.55, 4141.01, 4141.05, 4141.06, 4141.07, 4141.09,
4141.16, 4141.17, 4141.20,
4141.21, 4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28,
4141.29, 4141.291, 4141.301, 4141.312, 4141.33, 4141.35, and 4141.43 of the
Revised Code be
amended to
read as follows:
Sec. 2743.55. (A) A single commissioner or a panel of
court of claims commissioners shall hear and determine all
matters relating to claims for an award of reparations. A claim
for an award of reparations shall not be heard and determined
until the expiration of the time allowed for the claimant to
respond to the attorney general's finding of fact and
recommendation for the claim. A single commissioner or a panel
of commissioners may order law enforcement officers to provide
them with copies of any information or data gathered in the
investigation of the criminally injurious conduct that is the
basis of any claim to enable the commissioners to determine
whether, and the extent to which, a claimant qualifies for an
award of reparations.
Any reference in sections 2743.51 to 2743.72 of the Revised
Code to action by more than a single commissioner means action by
a panel of commissioners. A panel shall consist of three
commissioners who may only proceed upon a majority vote.
(B) The court of claims commissioners shall sit in
Franklin county. A single commissioner or any panel of
commissioners, pursuant to rules adopted by the chief justice of
the supreme court, may sit and hear claims for an award of
reparations at any other location in the state.
(C) Each claim for an award of reparations shall be heard
by a single commissioner. The commissioner may determine the
claim and make an award administratively without a hearing. If a
claimant or the attorney general objects to the determination or
award made by a single commissioner and files an objection with
the clerk within thirty days after journalization of the order of
the commissioner, the claim shall be heard by a panel of three
commissioners who shall make an award or deny the claim upon a
majority vote.
(D) If a claimant files a claim for an award of
reparations based upon unemployment benefits loss and if the
eligibility of the claimant for unemployment benefits is the
subject of a request for reconsideration or an appeal that has
not been finally determined pursuant to division (Q) of section
4141.28 of the Revised Code, a single commissioner or a panel of
court of claims commissioners that is hearing the claimant's
claim for an award of reparations shall not make a determination
of that claim, until after the claimant's eligibility for
unemployment benefits pursuant to Chapter 4141. of the Revised
Code has been finally determined pursuant to division (Q) of
section 4141.28 of the Revised Code.
(E) The supreme court may promulgate rules to implement
sections 2743.51 to 2743.72 of the Revised Code, which may
include rules for the allowance of attorney's fees, the procedure
for hearing claims by a single commissioner or by a panel of
court of claims commissioners, and the procedure for hearing
appeals from decisions of the court of claims commissioners.
Sec. 4141.01. As used in this chapter, unless the context
otherwise requires:
(A)(1) "Employer" means the state, its instrumentalities,
its political subdivisions and their instrumentalities, and any
individual or type of organization including any partnership, LIMITED
LIABILITY COMPANY, association, trust, estate, joint-stock company,
insurance
company, or corporation, whether domestic or foreign, or the
receiver, trustee in bankruptcy, trustee, or the successor
thereof, or the legal representative of a deceased person who
subsequent to December 31, 1971, or in the case of political
subdivisions or their instrumentalities, subsequent to December
31, 1973:
(a) Had in employment at least one individual, or in the
case of a nonprofit organization, subsequent to December 31,
1973, had not less than four individuals in employment for some
portion of a day in each of twenty different calendar weeks, in
either the current or the preceding calendar year whether or not
the same individual was in employment in each such day; or
(b) Except for a nonprofit organization, had paid for
service in employment wages of fifteen hundred dollars or more in
any calendar quarter in either the current or preceding calendar
year; or
(c) Had paid, subsequent to December 31, 1977, for
employment in domestic service in a local college club, or local
chapter of a college fraternity or sorority, cash remuneration of
one thousand dollars or more in any calendar quarter in the
current calendar year or the preceding calendar year, or had paid
subsequent to December 31, 1977, for employment in domestic
service in a private home cash remuneration of one thousand
dollars in any calendar quarter in the current
calendar year or the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of
this section, there shall not be taken into account any wages
paid to, or employment of, an individual performing domestic
service as described in this division.
(ii) An employer under this division shall not be an
employer with respect to wages paid for any services other than
domestic service unless the employer is also found to be an
employer under division (A)(1)(a), (b), or (d) of this section.
(d) As a farm operator or a crew leader subsequent to
December 31, 1977, had in employment individuals in agricultural
labor; and
(i) During any calendar quarter in the current calendar
year or the preceding calendar year, paid cash remuneration of
twenty thousand dollars or more for the agricultural labor; or
(ii) Had at least ten individuals in employment in
agricultural labor, not including such labor when performed
before January 1, 1980, by an alien AGRICULTURAL WORKERS WHO ARE ALIENS
ADMITTED TO THE UNITED STATES TO PERFORM AGRICULTURAL LABOR
PURSUANT TO SECTIONS 214(e)AND
101(a)(15)(H) OF THE "IMMIGRATION AND
NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A.1101(a)(15)(H)(ii)(a), for some portion of a day in
each of the twenty different calendar weeks, in either the
current or preceding calendar year whether or not the same
individual was in employment in each day; or
(e) Is not otherwise an employer as defined under division
(A)(1)(a) or (b) of this section; and
(i) For which, within either the current or preceding
calendar year, service, except for domestic service in a private
home not covered under division (A)(1)(c) of this section, is or
was performed with respect to which such employer is liable for
any federal tax against which credit may be taken for
contributions required to be paid into a state unemployment fund;
(ii) Which, as a condition for approval of this chapter
for full tax credit against the tax imposed by the "Federal
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311,
is
required, pursuant to such act to be an employer under this
chapter; or
(iii) Who became an employer by election under division
(A)(4) or (5) of this section and for the duration of such
election; or
(f) In the case of the state, its instrumentalities, its
political subdivisions, and their instrumentalities, had in
employment, as defined in division (B)(2)(a) of this section, at
least one individual;
(g) For the purposes of division (A)(1)(a) of this
section, if any week includes both the thirty-first day of
December and the first day of January, the days of that week
before the first day of January shall be considered one calendar
week and the days beginning the first day of January another
week.
(2) Each individual employed to perform or to assist in
performing the work of any agent or employee of an employer is
employed by such employer for all the purposes of this chapter,
whether such individual was hired or paid directly by such
employer or by such agent or employee, provided the employer had
actual or constructive knowledge of the work. All individuals
performing services for an employer of any person in this state
who maintains two or more establishments within this state are
employed by a single employer for the purposes of this chapter.
(3) An employer subject to this chapter within any
calendar year is subject to this chapter during the whole of such
year and during the next succeeding calendar year.
(4) An employer not otherwise subject to this chapter who
files with the administrator of the bureau of employment services
a written election to become an employer subject to this
chapter for not less than two calendar years shall, with the
written approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other
employers as of the date stated in such approval, and shall cease
to be subject to this chapter as of the first day of January of
any calendar year subsequent to such two calendar years only if
at least thirty days prior to such first day of January the
employer has filed with the administrator a written notice to that effect.
(5) Any employer for whom services that do not constitute
employment are performed may file with the administrator a
written election that all such services performed by individuals
in the employer's employ in one or more distinct establishments or places of
business shall be deemed to constitute employment for all the
purposes of this chapter, for not less than two calendar years. Upon written
approval of the election by the administrator, such
services shall be deemed to constitute employment subject to this
chapter from and after the date stated in such approval. Such
services shall cease to be employment subject to this chapter as
of the first day of January of any calendar year subsequent to
such two calendar years only if at least thirty days prior to
such first day of January such employer has filed with the
administrator a written notice to that effect.
(B)(1) "Employment" means:
(a) Service SERVICE performed BY AN INDIVIDUAL for
wages REMUNERATION under any contract of
hire, written or oral, express or implied, including service
performed in interstate commerce and service performed by an
officer of a corporation, without regard to whether such service
is executive, managerial, or manual in nature, and without regard
to whether such officer is a stockholder or a member of the board
of directors of the corporation;
(b) Services performed by an individual for remuneration,
unless it is shown to the satisfaction of the administrator that
such individual:
(i) Has HAS been and will continue to be free from control
or direction OR CONTROL over the performance of such service, both
under a
contract of service and in fact;
(ii) That such service is outside the usual course of the
business for which service is performed; and
(iii) That such individual is customarily engaged in an
independently established trade, occupation, profession, or
business. THE ADMINISTRATOR SHALL ADOPT RULES TO DEFINE "DIRECTION OR
CONTROL."
(2) "Employment" includes:
(a) Service performed after December 31, 1977, by an
individual in the employ of the state or any of its
instrumentalities, or any political subdivision thereof or any of
its instrumentalities or any instrumentality of more than one of
the foregoing or any instrumentality of any of the foregoing and
one or more other states or political subdivisions and without
regard to divisions (A)(1)(a) and (b) of this section, provided
that such service is excluded from employment as defined in the
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,
3306(c)(7) and is not excluded under division (B)(3) of this
section; or the services of employees covered by voluntary
election, as provided under divisions (A)(4) and (5) of this
section;
(b) Service performed after December 31, 1971, by an
individual in the employ of a religious, charitable, educational,
or other organization which is excluded from the term
"employment" as defined in the "Federal Unemployment Tax Act," 84
Stat. 713, 26 U.S.C.A. 3301 TO 3311, solely by reason of
section 26
U.S.C.A. 3306(c)(8) of that act and is not excluded under
division (B)(3) of this section;
(c) Domestic service performed after December 31, 1977,
for an employer, as provided in division (A)(1)(c) of this
section;
(d) Agricultural labor performed after December 31, 1977,
for a farm operator or a crew leader, as provided in division
(A)(1)(d) of this section;
(e) Service not covered under division (B)(1)(b) of this
section which is performed after December 31, 1971:
(i) As an agent-driver or commission-driver engaged in
distributing meat products, vegetable products, fruit products,
bakery products, beverages other than milk, laundry, or
dry-cleaning services, for the individual's employer or
principal;
(ii) As a traveling or city salesperson, other than as an
agent-driver or commission-driver, engaged on a full-time basis
in the solicitation on behalf of and in the transmission to
the salesperson's employer or principal except for sideline
sales activities on
behalf of some other person of orders from wholesalers,
retailers, contractors, or operators of hotels, restaurants, or
other similar establishments for merchandise for resale, or
supplies for use in their business operations, provided that for
the purposes of this division (B)(2)(e)(ii) of this section, the
services shall be deemed employment if the contract of service
contemplates that substantially all of the services are to be
performed personally by the individual and that the
individual does not have a substantial investment in facilities
used in connection with the performance of the services other
than in facilities for transportation, and the services are not
in the nature of a single transaction that is not a part of a
continuing relationship with the person for whom the services are
performed.
(f) An individual's entire service performed within or
both within and without the state if:
(i) The service is localized in this state.
(ii) The service is not localized in any state, but some
of the service is performed in this state and either the base of
operations, or if there is no base of operations then the place
from which such service is directed or controlled, is in this
state or the base of operations or place from which such service
is directed or controlled is not in any state in which some part
of the service is performed but the individual's residence is in
this state.
(g) Service not covered under division (B)(2)(f)(ii) of
this section and performed entirely without this state, with
respect to no part of which contributions are required and paid
under an unemployment compensation law of any other state, the
Virgin Islands, Canada, or of the United States, if the
individual performing such service is a resident of this state
and the administrator of the bureau of employment services
approves the election of the employer for whom such services are
performed; or, if the individual is not a resident of this
state but the
place from which the service is directed or controlled is in this
state, the entire services of such individual shall be deemed to
be employment subject to this chapter, provided service is deemed
to be localized within this state if the service is performed
entirely within this state or if the service is performed both
within and without this state but the service performed without
this state is incidental to the individual's service within the
state, for example, is temporary or transitory in nature or
consists of isolated transactions;
(h) Service of an individual who is a citizen of the
United States, performed outside the United States except in
Canada after December 31, 1971, or the Virgin Islands, after
December 31, 1971, and before the first day of January of the
year following that in which the United States secretary of labor
approves the Virgin Islands law for the first time, in the employ
of an American employer, other than service which is "employment"
under divisions (B)(2)(f) and (g) of this section or similar
provisions of another state's law, if:
(i) The employer's principal place of business in the
United States is located in this state;
(ii) The employer has no place of business in the United
States, but the employer is an individual who is a resident of
this state; or the employer is a corporation which is organized
under the laws of this state, or the employer is a partnership or
a trust and the number of partners or trustees who are residents
of this state is greater than the number who are residents of any
other state; or
(iii) None of the criteria of divisions (B)(2)(f)(i) and
(ii) of this section is met but the employer has elected coverage
in this state or the employer having failed to elect coverage in
any state, the individual has filed a claim for benefits, based
on such service, under this chapter.
(i) For the purposes of division (B)(2)(h) of this
section, the term "American employer" means an employer who is an
individual who is a resident of the United States; or a
partnership, if two-thirds or more of the partners are residents
of the United States; or a trust, if all of the trustees are
residents of the United States; or a corporation organized under
the laws of the United States or of any state, provided the term
"United States" includes the states, the District of Columbia,
the Commonwealth of Puerto Rico, and the Virgin Islands.
(j) Notwithstanding any other provisions of divisions
(B)(1) and (2) of this section, service, except for domestic
service in a private home not covered under division (A)(1)(c) of
this section, with respect to which a tax is required to be paid
under any federal law imposing a tax against which credit may be
taken for contributions required to be paid into a state
unemployment fund, or service, except for domestic service in a
private home not covered under division (A)(1)(c) of this
section, which, as a condition for full tax credit against the
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713,
26 U.S.C.A. 3301 TO 3311, is required to be covered under this
chapter.
(k) Construction services performed by any individual under a
construction contract, as defined in section 4141.39 of the Revised Code, if
the administrator determines that the employer for whom services are performed
has
the right to direct or control the performance of the services and that the
individuals who perform the services receive remuneration for the services
performed. The administrator shall presume that the employer for whom
services are performed has the right to direct or control the performance of
the services if ten or more of the following criteria apply:
(i) The employer directs or controls the
manner or method by which instructions are given to the individual performing
services;
(ii) The employer requires particular training for
the individual performing services;
(iii) Services performed by the individual are
integrated into the regular functioning of the employer;
(iv) The employer requires that services be provided
by a particular individual;
(v) The employer hires, supervises, or pays the
wages of the individual performing services;
(vi) A continuing relationship between the employer
and the individual performing services exists which contemplates continuing or
recurring work, even if not full-time work;
(vii) The employer requires the individual to
perform services during established hours;
(viii) The employer requires that the individual
performing services be devoted on a full-time basis to the business of the
employer;
(ix) The employer requires the individual to perform
services on the employer's premises;
(x) The employer requires the individual performing
services to follow the order of work established by the employer;
(xi) The employer requires the individual performing services to make oral or
written reports of progress;
(xii) The employer makes payment to the individual
for services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual
performing services;
(xiv) The employer furnishes the tools and materials
for use by the individual to perform services;
(xv) The individual performing services has not
invested in the facilities used to perform services;
(xvi) The individual performing services does not
realize a profit or suffer a loss as a result of the performance of the
services;
(xvii) The individual performing services is not
performing services for more than two employers simultaneously;
(xviii) The individual performing services does not
make the services available to the general public;
(xix) The employer has a right to discharge the
individual performing services;
(xx) The individual performing services has the
right to end the individual's relationship with the employer without incurring
liability pursuant to an employment contract or agreement.
(3) "Employment" does not include the following services
if they are found not subject to the "Federal Unemployment Tax
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 TO 3311, and if
the services
are not required to be included under division (B)(2)(j) of this
section:
(a) Service performed after December 31, 1977, in
agricultural labor, except as provided in division (A)(1)(d) of
this section;
(b) Domestic service performed after December 31, 1977, in
a private home, local college club, or local chapter of a college
fraternity or sorority except as provided in division (A)(1)(c)
of this section;
(c) Service performed after December 31, 1977, for this
state or a political subdivision as described in division (B)(2)
(a) of this section when performed:
(i) As a publicly elected official;
(ii) As a member of a legislative body, or a member of the
judiciary;
(iii) As a military member of the state national guard or
air national guard;
(iv) As an employee, not in the classified service as
defined in section 124.11 of the Revised Code, serving on a
temporary basis in case of fire, storm, snow, earthquake, flood,
or similar emergency;
(v) In a position which, under or pursuant to law, is
designated as a major nontenured policymaking or advisory
position, not in the classified service of the state, or a
policymaking or advisory position the performance of the duties
of which ordinarily does not require more than eight hours per
week.
(d) In the employ of any governmental unit or
instrumentality of the United States;
(e) Service performed after December 31, 1971:
(i) Service in the employ of an educational institution or
institution of higher education, including those operated by the
state or a political subdivision, if such service is performed by
a student who is enrolled and is regularly attending classes at
the educational institution or institution of higher education;
or
(ii) By an individual who is enrolled at a nonprofit or
public educational institution which normally maintains a regular
faculty and curriculum and normally has a regularly organized
body of students in attendance at the place where its educational
activities are carried on as a student in a full-time program,
taken for credit at the institution, which combines academic
instruction with work experience, if the service is an integral
part of the program, and the institution has so certified to the
employer, provided that this subdivision shall not apply to
service performed in a program established for or on behalf of an
employer or group of employers;
(f) Service performed by an individual in the employ of
the individual's son, daughter, or spouse and service performed by a child
under the age of eighteen in the employ of the child's father or mother;
(g) Service performed for one or more principals by an
individual who is compensated on a commission basis, who in the
performance of the work is master of the individual's own
time and efforts,
and whose remuneration is wholly dependent on the amount of
effort the individual chooses to expend, and which service is not
subject to the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26
U.S.C.A. 3301 TO 3311. Service performed after December 31,
1971:
(i) By an individual for an employer as an insurance agent
or as an insurance solicitor, if all this service is performed
for remuneration solely by way of commission;
(ii) As a home worker performing work, according to
specifications furnished by the employer for whom the services
are performed, on materials or goods furnished by such employer
which are required to be returned to the employer or to a person
designated for that purpose.
(h) Service performed after December 31, 1971:
(i) In the employ of a church or convention or association
of churches, or in an organization which is operated primarily
for religious purposes and which is operated, supervised,
controlled, or principally supported by a church or convention or
association of churches;
(ii) By a duly ordained, commissioned, or licensed
minister of a church in the exercise of the individual's
ministry or by a
member of a religious order in the exercise of duties required by
such order; or
(iii) In a facility conducted for the purpose of carrying
out a program of rehabilitation for individuals whose earning
capacity is impaired by age or physical or mental deficiency or
injury, or providing remunerative work for individuals who
because of their impaired physical or mental capacity cannot be
readily absorbed in the competitive labor market, by an
individual receiving such rehabilitation or remunerative work;
(i) Service performed after June 30, 1939, with respect to
which unemployment compensation is payable under the "Railroad
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;
(j) Service performed by an individual in the employ of
any organization exempt from income tax under section 501 of the
"Internal Revenue Code of 1954," if the remuneration for such
service does not exceed fifty dollars in any calendar quarter, or
if such service is in connection with the collection of dues or
premiums for a fraternal beneficial society, order, or
association and is performed away from the home office or is
ritualistic service in connection with any such society, order,
or association;
(k) Casual labor not in the course of an employer's trade
or business; incidental service performed by an officer,
appraiser, or member of a finance committee of a bank, building
and loan association, savings and loan association, or savings
association when the remuneration for such incidental service
exclusive of the amount paid or allotted for directors' fees does
not exceed sixty dollars per calendar quarter is casual labor;
(l) Service performed in the employ of a voluntary
employees' beneficial association providing for the payment of
life, sickness, accident, or other benefits to the members of
such association or their dependents or their designated
beneficiaries, if admission to a membership in such association
is limited to individuals who are officers or employees of a
municipal or public corporation, of a political subdivision of
the state, or of the United States and no part of the net
earnings of such association inures, other than through such
payments, to the benefit of any private shareholder or
individual;
(m) Service performed by an individual in the employ of a
foreign government, including service as a consular or other
officer or employee or of a nondiplomatic representative;
(n) Service performed in the employ of an instrumentality
wholly owned by a foreign government if the service is of a
character similar to that performed in foreign countries by
employees of the United States or of an instrumentality thereof
and if the administrator finds that the secretary of state of the
United States has certified to the secretary of the treasury of
the United States that the foreign government, with respect to
whose instrumentality exemption is claimed, grants an equivalent
exemption with respect to similar service performed in the
foreign country by employees of the United States and of
instrumentalities thereof;
(o) Service with respect to which unemployment
compensation is payable under an unemployment compensation system
established by an act of congress;
(p) Service performed as a student nurse in the employ of
a hospital or a nurses' training school by an individual who is
enrolled and is regularly attending classes in a nurses' training
school chartered or approved pursuant to state law, and service
performed as an intern in the employ of a hospital by an
individual who has completed a four years' course in a medical
school chartered or approved pursuant to state law;
(q) Service performed by an individual under the age of
eighteen in the delivery or distribution of newspapers or
shopping news, not including delivery or distribution to any
point for subsequent delivery or distribution;
(r) Service performed in the employ of the United States
or an instrumentality of the United States immune under the
constitution of the United States from the contributions imposed
by this chapter, except that to the extent that congress permits
states to require any instrumentalities of the United States to
make payments into an unemployment fund under a state
unemployment compensation act, this chapter shall be applicable
to such instrumentalities and to services performed for such
instrumentalities in the same manner, to the same extent, and on
the same terms as to all other employers, individuals, and
services, provided that if this state is not certified for any
year by the proper agency of the United States under section 3304
of the "Internal Revenue Code of 1954," the payments required of
such instrumentalities with respect to such year shall be
refunded by the administrator from the fund in the same manner
and within the same period as is provided in division (E) of
section 4141.09 of the Revised Code with respect to contributions
erroneously collected;
(s) Service performed by an individual as a member of a
band or orchestra, provided such service does not represent the
principal occupation of such individual, and which service is not
subject to or required to be covered for full tax credit against
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.
183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed after
December
31, 1971, for a nonprofit organization, this state or its
instrumentalities, or a political subdivision or its
instrumentalities, as part of an unemployment work-relief or
work-training program assisted or financed in whole or in part by
any federal agency or an agency of a state or political
subdivision thereof, by an individual receiving the work-relief
or work-training.
(t) Service performed in the employ of a day camp whose
camping season does not exceed twelve weeks in any calendar year,
and which service is not subject to the "Federal Unemployment Tax
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service
performed
after December 31, 1971:
(i) In the employ of a hospital, if the service is
performed by a patient of the hospital, as defined in division
(W) of this section;
(ii) For a prison or other correctional institution by an
inmate of the prison or correctional institution;
(iii) Service performed after December 31, 1977, by an
inmate of a custodial institution operated by the state, a
political subdivision, or a nonprofit organization.
(u) SERVICE THAT IS PERFORMED BY A NONRESIDENT
ALIEN INDIVIDUAL FOR THE PERIOD THE INDIVIDUAL TEMPORARILY IS PRESENT IN THE
UNITED STATES AS A NONIMMIGRANT UNDER DIVISION
(F), (J), (M), OR (Q) OF SECTION
101(a)(15) OF THE "IMMIGRATION AND NATIONALITY
ACT," 66 STAT. 163, 8 U.S.C.A. 1101, AS AMENDED, THAT IS
EXCLUDED UNDER SECTION 3306(c)(19)OF THE "FEDERAL
UNEMPLOYMENT TAX ACT," 53 STAT. 183
(1939), 26 U.S.C.A. 3301 TO 3311.
(v) Notwithstanding any other provisions of division
(B)(3) of this section, services which are excluded under
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not
be excluded from employment when performed for a nonprofit
organization, as defined in division (X) of this section or for
this state or its instrumentalities, or for a political
subdivision or its instrumentalities.
(4) If the services performed during one half or more of
any pay period by an employee for the person employing that
employee constitute employment, all the services of such employee
for such
period shall be deemed to be employment; but if the services
performed during more than one half of any such pay period by an
employee for the person employing that employee do not
constitute
employment, then none of the services of such employee for such
period shall be deemed to be employment. As used in division
(B)(4) of this section, "pay period" means a period, of not more
than thirty-one consecutive days, for which payment of
remuneration is ordinarily made to the employee by the person
employing that employee. Division (B)(4) of this section
does not apply to services performed in a pay period by an employee for the
person
employing that employee, if any of such service is excepted
by division
(B)(3)(o) of this section.
(C) "Benefits" means money payments payable to an
individual who has established benefit rights, as provided in
this chapter, for loss of remuneration due to the individual's unemployment.
(D) "Benefit rights" means the weekly benefit amount and
the maximum benefit amount that may become payable to an
individual within the individual's benefit year as determined by the
administrator or the administrator's deputy.
(E) "Claim for benefits" means a claim for waiting period
or benefits for a designated week.
(F) "Additional claim" means the first claim for benefits
filed following any separation from employment during a benefit
year; "continued claim" means any claim other than the first
claim for benefits and other than an additional claim.
(G)(1) "Wages" means remuneration paid to an employee by
each of the employee's employers with respect to employment; except that
wages shall not include that part of remuneration paid during any
calendar year to an individual by an employer or such employer's
predecessor in interest in the same business or enterprise, which
in any calendar year is in excess of eight
thousand two hundred fifty dollars on and after January 1, 1992;
eight thousand five hundred dollars on and after January 1, 1993;
eight thousand seven hundred fifty dollars on and after January
1, 1994; and nine thousand dollars on and after January 1, 1995.
Remuneration in excess of such amounts shall be deemed wages
subject to contribution to the same extent that such remuneration
is defined as wages under the "Federal Unemployment Compensation
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 TO 3311, as
amended. The
remuneration paid an employee by an employer with respect to
employment in another state, upon which contributions were
required and paid by such employer under the unemployment
compensation act of such other state, shall be included as a part
of remuneration in computing the amount specified in this
division.
(2) Notwithstanding division (G)(1) of this section, if,
as of the computation date for any calendar year, the
administrator determines that the level of the unemployment
compensation fund is sixty per cent or more below the minimum
safe level as defined in section 4141.25 of the Revised Code,
then, effective the first day of January of the following
calendar year, wages subject to this chapter shall not include
that part of remuneration paid during any calendar year to an
individual by an employer or such employer's predecessor in
interest in the same business or enterprise which is in excess of
nine thousand dollars. The increase in the dollar amount of
wages subject to this chapter under this division shall remain in
effect from the date of the administrator's determination
pursuant to division (G)(2) of this section and thereafter
notwithstanding the fact that the level in the fund may
subsequently become less than sixty per cent below the minimum
safe level.
(H)(1) "Remuneration" means all compensation for personal
services, including commissions and bonuses and the cash value of
all compensation in any medium other than cash, except that in
the case of agricultural or domestic service, "remuneration"
includes only cash remuneration. Gratuities customarily received
by an individual in the course of the individual's employment from persons
other than the individual's employer and which are accounted for by such
individual to the individual's employer are taxable wages.
The reasonable cash value of compensation paid in any
medium other than cash shall be estimated and determined in
accordance with rules prescribed by the administrator, provided
that "remuneration" does not include:
(a) Payments as provided in divisions (b)(2) to (b)(16) of
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,
26 U.S.C.A. 3301 TO 3311, as amended;
(b) The payment by an employer, without deduction from the
remuneration of the individual in the employer's employ, of the tax imposed
upon an individual in the employer's employ under section
3101 of the
"Internal Revenue Code of l954," with respect to services
performed after October 1, 1941.
(2) "Cash remuneration" means all remuneration paid in
cash, including commissions and bonuses, but not including the
cash value of all compensation in any medium other than cash.
(I) "Interested party" means the administrator and any
party to whom notice of a determination of an application for
benefit rights or a claim for benefits is required to be given
under section 4141.28 of the Revised Code.
(J) "Annual payroll" means the total amount of wages
subject to contributions during a twelve-month period ending with
the last day of the second calendar quarter of any calendar year.
(K) "Average annual payroll" means the average of the last
three annual payrolls of an employer, provided that if, as of any
computation date, the employer has had less than three annual
payrolls in such three-year period, such average shall be based
on the annual payrolls which the employer has had as of such date.
(L)(1) "Contributions" means the money payments to the
state unemployment compensation fund required of employers by
section 4141.25 of the Revised Code and of the state and any of
its political subdivisions electing to pay contributions under
section 4141.242 of the Revised Code. Employers paying
contributions shall be described as "contributory employers."
(2) "Payments in lieu of contributions" means the money
payments to the state unemployment compensation fund required of
reimbursing employers under sections 4141.241 and 4141.242 of the
Revised Code.
(M) An individual is "totally unemployed" in any week
during which the individual performs no services and with respect to
such week no remuneration is payable to the individual.
(N) An individual is "partially unemployed" in any week
if, due to involuntary loss of work, the total remuneration
payable to the individual for such week is less than the
individual's weekly benefit amount.
(O) "Week" means the calendar week ending at midnight
Saturday unless an equivalent week of seven consecutive calendar
days is prescribed by the administrator.
(1) "Qualifying week" means any calendar week in an
individual's base period with respect to which the individual
earns or is
paid remuneration in employment subject to this chapter. A
calendar week with respect to which an individual earns
remuneration but for which payment was not made within the base
period may, when necessary to qualify for benefit rights, MAY be
considered to be a qualifying week. The number of qualifying
weeks which may be established in a calendar quarter shall not
exceed the number of calendar weeks in the quarter.
(2) "Average weekly wage" means the amount obtained by
dividing an individual's total remuneration for all qualifying
weeks during the base period by the number of such qualifying
weeks, provided that if the computation results in an amount
which is not a multiple of one dollar, such amount shall be
rounded to the next lower multiple of one dollar.
(P) "Weekly benefit amount" means the amount of benefits
an individual would be entitled to receive for one week of total
unemployment.
(Q)(1) "Base period" means the first four of the last five
completed calendar quarters immediately preceding the first day
of an individual's benefit year, except as provided in division
(Q)(2) of this section.
(2) If an individual does not have sufficient qualifying
weeks and wages in the base period to qualify for benefit rights,
his THE INDIVIDUAL'S base period shall be the four most recently
completed
calendar quarters preceding the first day of the individual's
benefit year. Such base period shall be known as the "alternate
base period." If information as to weeks and wages for the most
recent quarter of the alternate base period is not available to
the administrator from the regular quarterly reports of wage
information, which are systematically accessible, the
administrator may, consistent with the provisions of section
4141.28 of the Revised Code, base the determination of
eligibility for benefits on the affidavit of the claimant with
respect to weeks and wages for that calendar quarter. The
claimant shall furnish payroll documentation, where available, in
support of the affidavit. The determination based upon the
alternate base period as it relates to the claimant's benefit
rights, shall be amended when the quarterly report of wage
information from the employer is timely received and that
information causes a change in the determination. As provided in
division (B)(1)(b) of section 4141.28 of the Revised Code, any
benefits paid and charged to an employer's account, based upon a
claimant's affidavit, shall be adjusted effective as of the
beginning of the claimant's benefit year. No calendar quarter in
a base period or alternate base period shall be used to establish
a subsequent benefit year.
(3) The "base period" of a combined wage claim, as
described in division (H) of section 4141.43 of the Revised Code,
shall be the base period prescribed by the law of the state in
which the claim is allowed.
(R) "Benefit year" with respect to an individual means the
fifty-two week period beginning with the first day of that week
with respect to which the individual first files a valid
application for
determination of benefit rights, and thereafter the fifty-two
week period beginning with the first day of that week with
respect to which the individual next files a valid application
for determination of benefit rights after the termination of
the individual's last preceding benefit year, except that the
application shall
not be considered valid unless the individual has had employment
in six weeks that is subject to this chapter or the unemployment
compensation act of another state, or the United States, and has,
since the beginning of the individual's previous benefit year, in
the employment earned three times the average weekly wage
determined for the previous benefit year. The "benefit year" of
a combined wage claim, as described in division (H) of section
4141.43 of the Revised Code, shall be the benefit year prescribed
by the law of the state in which the claim is allowed. Any
EFFECTIVE FOR APPLICATIONS FILED WITH RESPECT TO WEEKS BEGINNING ON OR
AFTER OCTOBER 1, 2000, ANY application for determination of
benefit rights made in
accordance with section 4141.28 of the Revised Code is valid if
the individual filing such application is unemployed, has been
employed by an employer or employers subject to this chapter, in
at least twenty qualifying weeks within the individual's base period, and
in
such weeks has earned or been paid remuneration at an average
weekly wage, beginning on and after January 1, 1992,
of not less than twenty-seven and one-half per cent of the statewide average
weekly wage FOR SUCH WEEKS, AND THE REASON FOR THE INDIVIDUAL'S
SEPARATION FROM EMPLOYMENT IS NOT DISQUALIFYING PURSUANT TO
DIVISION (D)(2) OF SECTION
4141.29 OR SECTION 4141.291 OF THE
REVISED
CODE. A DISQUALIFICATION
IMPOSED PURSUANT TO DIVISION
(D)(2) OF SECTION 4141.29 OR
SECTION 4141.291 OF THE REVISED
CODE MUST BE REMOVED AS
PROVIDED IN THOSE SECTIONS AS A REQUIREMENT OF ESTABLISHING A
VALID APPLICATION FOR BENEFIT RIGHTS. The
THE statewide average weekly wage shall be calculated by the
administrator once a year based on the twelve-month period ending the
thirtieth day of June, as set forth in division
(B)(3) of section 4141.30 of the Revised Code, rounded down to
the nearest dollar. Increases or decreases in the amount of remuneration
required to have been earned or paid in order for individuals to have filed
valid applications shall become effective on Sunday of the calendar week in
which the first day of January occurs that follows the twelve-month period
ending the thirtieth day of June upon which the calculation of the statewide
average weekly wage was based.
As used in this division, an individual is "unemployed" if, with respect to
the
calendar week in which such application is filed, the
individual is
"partially unemployed" or "totally unemployed" as defined in this
section or if, prior to filing the application, the
individual was separated
from the individual's most recent work for any reason which
terminated the individual's employee-employer relationship,
or was laid off indefinitely or
for a definite period of seven or more days.
(S) "Calendar quarter" means the period of three
consecutive calendar months ending on the thirty-first day of
March, the thirtieth day of June, the thirtieth day of September,
and the thirty-first day of December, or the equivalent thereof
as the administrator prescribes by rule.
(T) "Computation date" means the first day of the third
calendar quarter of any calendar year.
(U) "Contribution period" means the calendar year
beginning on the first day of January of any year.
(V) "Agricultural labor," for the purpose of this
division, means any service performed prior to January 1, 1972,
which was agricultural labor as defined in this division prior to
that date, and service performed after December 31, 1971:
(1) On a farm, in the employ of any person, in connection
with cultivating the soil, or in connection with raising or
harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training, and
management of livestock, bees, poultry, and fur-bearing animals
and wildlife;
(2) In the employ of the owner or tenant or other operator
of a farm in connection with the operation, management,
conservation, improvement, or maintenance of such farm and its
tools and equipment, or in salvaging timber or clearing land of
brush and other debris left by hurricane, if the major part of
such service is performed on a farm;
(3) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section 15 (g)
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12
U.S.C. 1141j, as amended, or in connection with the ginning of
cotton, or in connection with the operation or maintenance of
ditches, canals, reservoirs, or waterways, not owned or operated
for profit, used exclusively for supplying and storing water for
farming purposes;
(4) In the employ of the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing, or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured
state, any agricultural or horticultural commodity, but only if
the operator produced more than one half of the commodity with
respect to which such service is performed;
(5) In the employ of a group of operators of farms, or a
cooperative organization of which the operators are members, in
the performance of service described in division (V)(4) of this
section, but only if the operators produced more than one-half of
the commodity with respect to which the service is performed;
(6) Divisions (V)(4) and (5) of this section shall not be
deemed to be applicable with respect to service performed:
(a) In connection with commercial canning or commercial
freezing or in connection with any agricultural or horticultural
commodity after its delivery to a terminal market for
distribution for consumption; or
(b) On a farm operated for profit if the service is not in
the course of the employer's trade or business.
As used in division (V) of this section, "farm" includes
stock, dairy, poultry, fruit, fur-bearing animal, and truck
farms, plantations, ranches, nurseries, ranges, greenhouses, or
other similar structures used primarily for the raising of
agricultural or horticultural commodities and orchards.
(W) "Hospital" means an institution which has been
registered or licensed by the Ohio department of health as a
hospital.
(X) "Nonprofit organization" means an organization, or
group of organizations, described in section 501(c)(3) of the
"Internal Revenue Code of 1954," and exempt from income tax under
section 501(a) of that code.
(Y) "Institution of higher education" means a public or
nonprofit educational institution which:
(1) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent;
(2) Is legally authorized in this state to provide a
program of education beyond high school; and
(3) Provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation.
For the purposes of this division, all colleges and
universities in this state are institutions of higher education.
(Z) For the purposes of this chapter, "states" includes
the District of Columbia, the Commonwealth of Puerto Rico, and
the Virgin Islands.
(AA) "Alien" means, for the purposes of division (A)(1)(d)
of this section, an individual who is an alien admitted to the
United States to perform service in agricultural labor pursuant
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.
(BB)(1) "Crew leader" means an individual who furnishes
individuals to perform agricultural labor for any other employer
or farm operator, and:
(a) Pays, either on the individual's own behalf or
on
behalf of the
other employer or farm operator, the individuals so furnished by
the individual for the service in agricultural labor
performed by them;
(b) Has not entered into a written agreement with the
other employer or farm operator under which the agricultural
worker is designated as in the employ of the other employer or
farm operator.
(2) For the purposes of this chapter, any individual who
is a member of a crew furnished by a crew leader to perform
service in agricultural labor for any other employer or farm
operator shall be treated as an employee of the crew leader if:
(a) The crew leader holds a valid certificate of
registration under the "Farm Labor Contractor Registration Act of
1963," 90 Stat. 2668, 7 U.S.C. 2041; or
(b) Substantially all the members of the crew operate or
maintain tractors, mechanized harvesting or crop-dusting
equipment, or any other mechanized equipment, which is provided
by the crew leader; and
(c) If the individual is not in the employment of the
other employer or farm operator within the meaning of division
(B)(1) of this section.
(3) For the purposes of this division, any individual who
is furnished by a crew leader to perform service in agricultural
labor for any other employer or farm operator and who is not
treated as in the employment of the crew leader under division
(BB)(2) of this section shall be treated as the employee of the
other employer or farm operator and not of the crew leader. The
other employer or farm operator shall be treated as having paid
cash remuneration to the individual in an amount equal to the
amount of cash remuneration paid to the individual by the crew
leader, either on the crew leader's own behalf or on behalf of the other
employer or farm operator, for the service in agricultural labor
performed for the other employer or farm operator.
(CC) "Educational institution" means an institution other
than an institution of higher education as defined in division
(Y) of this section which:
(1) Offers participants, trainees, or students an
organized course of study or training designed to transfer to
them knowledge, skills, information, doctrines, attitudes, or
abilities from, by, or under the guidance of an instructor or
teacher; and
(2) Is approved, chartered, or issued a permit to operate
as a school by the state board of education or other government
agency that is authorized within the state to approve, charter,
or issue a permit for the operation of a school.
For the purposes of this division, the courses of study or
training which the institution offers may be academic, technical,
trade, or preparation for gainful employment in a recognized
occupation.
Sec. 4141.05. The administrator of the bureau of employment services shall
establish a division of research and statistics LABOR MARKET
INFORMATION. The head of the division shall be known as the "director of
the division of research and statistics LABOR MARKET
INFORMATION." The director may not be removed without the consent of
the advisory council,
nor may the duties of his office be altered, suspended, or abolished without
the consent of the council.
Sec. 4141.06. There is hereby created an unemployment
compensation review commission consisting of three full-time
members appointed by the governor, with the advice and consent of
the senate. Terms of office shall be STAGGERED AND SHALL BE for six
years, commencing
on the twenty-eighth day of February and ending on the
twenty-seventh day of February, except that upon expiration of
the term ending November 5, 1975, the new term which succeeds it
shall commence on November 6, 1975, and end on February 27, 1981;
and upon expiration of the term ending August 31, 1977, the new
term which succeeds it shall commence on September 1, 1977, and
end on February 27, 1983. Each member shall hold office from the
date of appointment until the end of the term for which
the member was appointed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the remainder of
such term. Any member shall continue in office subsequent to the expiration
date of the member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first. The
chairperson of the commission and each member shall be paid a salary fixed
pursuant to section 124.14 of the Revised Code from the
unemployment compensation administration fund. The governor may,
at any time, MAY remove any member for inefficiency, neglect of duty,
malfeasance, misfeasance, or nonfeasance in office.
Not more than one of the appointees to the commission shall be a
person who, on account of the appointee's previous vocation,
employment, or affiliations, can be classed as a representative of employers,
and not more than one of the appointees shall be a person who, on
account of the appointee's previous vocation, employment, or
affiliations, can be classed as a representative of employees. Not more than
two of the members of the commission shall belong to the same
political party. No member of the commission shall hold any position
of trust or profit or engage in any occupation or business interfering or
inconsistent with the member's duties as a member and no
member shall serve on any committee of any political party.
THE COMMISSION SHALL ELECT A CHAIRPERSON AND A VICE-CHAIRPERSON. THE
VICE-CHAIRPERSON SHALL EXERCISE THE POWERS OF THE CHAIRPERSON IN THE
CHAIRPERSON'S ABSENCE.
No commission member shall participate in the disposition
of any appeal in which the member has an interest in the
controversy. Challenges to the interest of any commission
member may be made by
any interested party defined in division (I) of section 4141.01 of
the Revised Code and shall be in writing. All challenges shall
be decided by the chairperson of the advisory council,
who, if the challenge is found to be well taken, shall advise the
governor, who shall in such case or at any time it is determined
by the governor that a member of the commission is incapacitated to
serve, appoint a member of the advisory council representing the
same affiliations to act and receive the same compensation from
the unemployment fund for serving in place of such member.
The commission may appoint a secretary to hold office at
its
pleasure. The secretary shall have such powers and shall perform
such duties as the commission prescribes and SHALL KEEP A RECORD OF THE
PROCEEDINGS OF THE COMMISSION AND OF ITS DETERMINATIONS. THE SECRETARY
shall receive a salary
fixed pursuant to section 124.14 of the Revised Code. Notwithstanding
Chapter
124. of the Revised Code, each EACH member of
the commission may appoint a private secretary to hold office at the
pleasure of such member.
Two members of the commission constitute a quorum and no action
of the commission is valid unless it has the concurrence of at least
two members. A vacancy on the commission does not impair the right of
a quorum to exercise all the rights and perform all the duties of the
commission. The commission or its secretary shall keep a record of the
proceedings of the commission and of its determinations.
HEARINGS BEFORE THE COMMISSION ARE HELD AT THE HEARING OFFICER LEVEL AND THE
REVIEW LEVEL. UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, INITIAL HEARINGS
INVOLVING CLAIMS FOR COMPENSATION AND OTHER UNEMPLOYMENT COMPENSATION ISSUES
ARE CONDUCTED AT THE HEARING OFFICER LEVEL BY HEARING OFFICERS APPOINTED BY
THE
COMMISSION. HEARINGS AT THE REVIEW LEVEL ARE CONDUCTED BY HEARING OFFICERS
APPOINTED BY THE COMMISSION, BY MEMBERS OF THE COMMISSION ACTING EITHER
INDIVIDUALLY OR COLLECTIVELY, AND BY MEMBERS OF THE COMMISSION AND HEARING
OFFICERS ACTING JOINTLY. IN ALL HEARINGS CONDUCTED AT THE REVIEW LEVEL, THE
COMMISSION SHALL DESIGNATE THE HEARING OFFICER OR OFFICERS WHO ARE TO CONDUCT
THE HEARING. WHEN THE TERM "HEARING OFFICER" IS USED IN REFERENCE TO HEARINGS
CONDUCTED AT THE REVIEW LEVEL, THE TERM INCLUDES MEMBERS OF THE COMMISSION.
ALL DECISIONS ISSUED AT THE REVIEW LEVEL ARE ISSUED BY THE COMMISSION.
The commission AND ITS HEARING OFFICERS shall hear appeals arising from
DETERMINATIONS OF THE ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES
INVOLVING claims for
compensation and OTHER UNEMPLOYMENT COMPENSATION ISSUES. THE
COMMISSION SHALL adopt, amend, or rescind such rules of
procedure, AND undertake such investigations, and take such action
required for the hearing and disposition of appeals as it deems
necessary and consistent with sections 4141.01 to 4141.46 of the
Revised Code. The rules of procedure ADOPTED BY THE COMMISSION
shall be effective as the
commission prescribes and shall not be inconsistent TO THE EXTENT THAT
THE RULES ARE CONSISTENT with such
sections.
The commission, subject to Chapter 124. of the Revised Code, and
WITH the approval of the governor, shall appoint such referees
HEARING OFFICERS as are
necessary. The referees HEARING OFFICERS shall be classified by
the department of
administrative services and any. ANY promotions
of the
referees or any
increase INCREASES in compensation of the referees
HEARING OFFICERS may be recommended by
the commission subject to classifications which are made
by the department of administrative services. The
commission may grant power to take testimony in any appeals coming
before the commission. The MEMBERS OF THE commission and its
referees shall, in the performance of
their duties, HEARING OFFICERS MAY CONDUCT HEARINGS FOR UNEMPLOYMENT
COMPENSATION APPEALS COMING BEFORE THE COMMISSION. THE MEMBERS AND HEARING
OFFICERS MAY exercise all powers provided by section 4141.17 of the
Revised
Code.
The commission, subject to Chapter 124. of the Revised
Code, may employ such reporters, stenographers, clerical aid, and other
employees SUPPORT PERSONNEL as are requisite NEEDED
to the discharge of CARRY OUT the duties of the
commission and the. THE salaries of such employees are
fixed
pursuant to section 124.14 of the Revised Code. The commission shall
further provide itself and its employees with such offices, equipment,
and supplies as are necessary, using those already provided for
the central office of the bureau or its branch offices wherever
possible.
The commission shall have access to all the records of the
bureau of employment services needed in the performance of its
official duties. The commission shall have the right to
request of the administrator necessary information from the research and
statistics department, the legal department, the department of
public information, the fiscal department, or any other
department from which pertinent information is necessary ANY DIVISION
OF THE BUREAU HAVING THAT INFORMATION.
The commission shall prepare and submit to the administrator an
annual budget financing the costs necessary to administer its
duties under this chapter. The fund request shall relate to, but
not be limited to, the United States department of labor's
allocations for the commission's functions. The administrator shall
approve the commission's request unless funds are insufficient to
finance the request. The administrator shall notify the commission of
the amount of funds available for its operation, as soon as
possible, but not later than thirty days after receiving the
allocation from the United States department of labor.
In the event that the administrator determines that
sufficient funds are not available to approve the request as
submitted and a revised budget is not agreed to within thirty
days of the administrator's notification to the commission, the
director of budget and management shall review and determine the
funding levels for the commission and notify the commission and the
administrator of its determination.
Sec. 4141.07. (A) The unemployment compensation
review commission may, by rule, MAY authorize persons other than
ones who
are admitted to the practice of law also to appear before the commission
in any kind of proceeding as representatives of employers or
claimants. The commission may prescribe in any rule so adopted the
minimum qualifications for such agents and such minimum standards
of practice as are appropriate.
Notwithstanding section 119.13 of the Revised Code, the
representation of parties before the commission by a person not
admitted to the practice of law does not impair or invalidate a
proceeding for the purpose of a subsequent appeal to a court or
for any other purpose where a party knowingly selects
representation by a person not admitted to the practice of law.
(B) No individual claiming benefits shall be charged fees
of any kind in any proceeding under sections 4141.01 to 4141.46
of the Revised Code, by the commission or its representatives. Any
individual claiming benefits or any employer may represent
themselves personally or be represented by a person admitted to
the practice of law or by a person not admitted to the practice
of law in any proceeding before the administrator of the bureau
of employment services, or, before the commission or a
referee HEARING OFFICER; but no such counsel or agent
representing an individual claiming
benefits shall either charge or receive for such services more
than an amount approved by the commission.
No person shall charge or receive anything of value in
violation of this section.
Sec. 4141.09. (A) There is hereby created an unemployment
compensation fund to be administered by the state without
liability on the part of the state beyond the amounts paid into
the fund and earned by the fund. The unemployment compensation
fund shall consist of all contributions, payments in lieu of
contributions described in sections 4141.241 and 4141.242 of the
Revised Code, reimbursements of the federal share of extended
benefits described in section 4141.301 of the Revised Code,
collected under sections 4141.01 to 4141.46 of the Revised Code,
together with all interest earned upon any moneys deposited with
the secretary of the treasury of the United States to the credit
of the account of this state in the unemployment trust fund
established and maintained pursuant to section 904 of the "Social
Security Act," any property or securities acquired through the
use of moneys belonging to the fund, and all earnings of such
property or securities. The unemployment compensation fund shall
be used to pay benefits and refunds as provided by such sections
and for no other purpose.
(B) The treasurer of state shall be the custodian of the
unemployment compensation fund and shall administer such fund in
accordance with the directions of the administrator of the bureau
of employment services. All disbursements therefrom shall be
paid by the treasurer of state on warrants drawn by the
administrator. Such warrants may bear the facsimile signature of
the administrator printed thereon and that of a deputy or other
employee of the administrator charged with the duty of keeping
the account of the unemployment compensation fund and with the
preparation of warrants for the payment of benefits to the
persons entitled thereto. Moneys in the clearing and benefit
accounts shall not be commingled with other state funds, except
as provided in division (C) of this section, but shall be
maintained in separate accounts on the books of the depositary
bank. Such money shall be secured by the depositary bank to the
same extent and in the same manner as required by sections 135.01
to 135.21 of the Revised Code; and collateral pledged for this
purpose shall be kept separate and distinct from any collateral
pledged to secure other funds of this state. All sums recovered
for losses sustained by the unemployment compensation fund shall
be deposited therein. The treasurer of state shall be liable on
the treasurer's official bond for the faithful performance of
the treasurer's duties in
connection with the unemployment compensation fund, such
liability to exist in addition to any liability upon any separate
bond.
(C) The treasurer of state shall maintain within the
unemployment compensation fund three separate accounts which
shall be a clearing account, an unemployment trust fund account,
and a benefit account. All moneys payable to the unemployment
compensation fund, upon receipt thereof by the administrator,
shall be forwarded to the treasurer of state, who shall
immediately deposit them in the clearing account. Refunds of
contributions, or payments in lieu of contributions, payable
pursuant to division (E) of this section may be paid from the
clearing account upon warrants signed by a deputy or other
employee of the administrator charged with the duty of keeping
the record of the clearing account and with the preparation of
warrants for the payment of refunds to persons entitled thereto.
After clearance thereof, all moneys in the clearing account shall
be deposited with the secretary of the treasury of the United
States to the credit of the account of this state in the
unemployment trust fund established and maintained pursuant to
section 904 of the "Social Security Act," in accordance with
requirements of the "Federal Unemployment Tax Act," 53 Stat. 183
(1939), 26 U.S.C.A. 3301, 3304(a)(3), any law in this state relating
to
the deposit, administration, release, or disbursement of moneys
in the possession or custody of this state to the contrary
notwithstanding. The benefit account shall consist of all moneys
requisitioned from this state's account in the unemployment trust
fund. Federal funds, other than funds received by the administrator
under divisions (I) and (J) of this section,
received for payment of federal benefits may
be deposited into the benefit account solely for payment of
benefits under a federal program administered by this state. Moneys so
requisitioned shall be used solely for the payment of
benefits and for no other purpose. Moneys in the clearing and
benefit accounts may be deposited by the treasurer of state,
under the direction of the administrator, in any bank or public
depositary in which general funds of the state may be deposited,
but no public deposit insurance charge or premium shall be paid
out of the fund.
(D) Moneys shall be requisitioned from this state's
account in the unemployment trust fund solely for the payment of
benefits and in accordance with regulations prescribed by the
administrator. The administrator shall requisition from the
unemployment trust fund such amounts, not exceeding the amount
standing to this state's account therein, as are deemed necessary
for the payment of benefits for a reasonable future period. Upon
receipt thereof, the treasurer of state shall deposit such moneys
in the benefit account. Expenditures of such money in the
benefit account and refunds from the clearing account shall not
require specific appropriations or other formal release by state
officers of money in their custody. Any balance of moneys
requisitioned from the unemployment trust fund which remains
unclaimed or unpaid in the benefit account after the expiration
of the period for which such sums were requisitioned shall either
be deducted from estimates for and may be utilized for the
payment of benefits during succeeding periods, or, in the
discretion of the administrator, shall be redeposited with the
secretary of the treasury of the United States to the credit of
this state's account in the unemployment trust fund, as provided
in division (C) of this section. Unclaimed or unpaid federal
funds redeposited with the secretary of the treasury of the
United States shall be credited to the appropriate federal
account.
(E) No claim for an adjustment or a refund on
contribution, payment in lieu of contributions, interest, or
forfeiture alleged to have been erroneously or illegally assessed
or collected, or alleged to have been collected without
authority, and no claim for an adjustment or a refund of any sum
alleged to have been excessive or in any manner wrongfully
collected shall be allowed unless an application, in writing,
therefor is made within four years from the date on which such
payment was made. If the administrator determines that such
contribution, payment in lieu of contributions, interest, or
forfeiture, or any portion thereof, was erroneously collected,
the administrator shall allow such employer to make an adjustment
thereof without interest in connection with subsequent
contribution payments, or payments in lieu of contributions, by
the employer, or the administrator may refund said amount, without
interest, from the clearing account of the unemployment
compensation fund, except as provided in division (B) of section
4141.11 of the Revised Code. For like cause and within the same
period, adjustment or refund may be so made on the
administrator's own initiative. An overpayment of contribution,
payment in lieu of contributions, interest, or forfeiture for
which an employer has not made application for refund prior to
the date of sale of the employer's business shall accrue to
the employer's successor in
interest.
An application for an adjustment or a refund, or any
portion thereof, that is rejected is binding upon the employer
unless, within thirty days after the mailing of a written notice
of rejection to the employer's last known address, or, in the
absence of mailing of such notice, within thirty days after the
delivery of such notice, the employer files an application for a
review and redetermination setting forth the reasons therefor.
The administrator shall promptly examine the application for
review and redetermination, and if a review is granted, the
employer shall be promptly notified thereof, and shall be granted
an opportunity for a prompt hearing.
(F) If the administrator finds that contributions have
been paid to the bureau of employment services in error, and that
such contributions should have been paid to a department of
another state or of the United States charged with the
administration of an unemployment compensation law, the
administrator may upon request by such department or upon the
administrator's own
initiative transfer to such department the amount of such
contributions, less any benefits paid to claimants whose wages
were the basis for such contributions. The administrator may
request and receive from such department any contributions or
adjusted contributions paid in error to such department which
should have been paid to the bureau.
(G) In accordance with section 303(c)(3) of the Social
Security Act, and section 3304(a)(17) of the Internal Revenue
Code of 1954 for continuing certification of Ohio unemployment
compensation laws for administrative grants and for tax credits,
any interest required to be paid on advances under Title XII of
the Social Security Act shall be paid in a timely manner and
shall not be paid, directly or indirectly, by an equivalent
reduction in the Ohio unemployment taxes or otherwise, by the
state from amounts in the unemployment compensation fund.
(H) The treasurer of state, under the direction of the
administrator and in accordance with the "Cash Management
Improvement Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503,
shall deposit amounts of interest earned by the state on funds in
the benefit account established pursuant to division (C) of this
section into the bureau of employment services banking fees fund,
which is hereby created in the state treasury for the purpose of
paying related banking costs incurred by the state for the period
for which the interest is calculated, except that if the
deposited interest exceeds the banking costs incurred by the
state for the period for which the interest is calculated, the
treasurer of state shall deposit the excess interest into the
unemployment trust fund.
(I) The treasurer of state, under the direction of
the administrator, shall deposit federal funds received by the
administrator pursuant to the "Trade Act of 1974," 88
Stat. 1978, 19 U.S.C.A. 2101, as amended, into the
Trade Act account, which is hereby created
for the purpose of paying for benefits, training, and support
services under that act.
(J) The treasurer of state, under the direction of
the
administrator, shall deposit federal funds received by the
administrator pursuant to the "North American Free Trade Agreement
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, into the North
American Free Trade account, which
is hereby created for the purpose of paying for benefits, training, and
support services under that act.
Sec. 4141.16. (A) The administrator of the bureau of
employment services shall make available, upon request, to the
director of human services or to the county directors of human
services in the state the name, address, ordinary occupation, and
employment status of each recipient of unemployment benefits
under this chapter, and a statement of such recipient's rights to
further benefits under this chapter. THE AGENCY REQUESTING THE INFORMATION
SHALL PAY THE BUREAU THE ACTUAL COST OF FURNISHING THE INFORMATION REQUESTED.
(B) The administrator shall also SHALL furnish, upon request of
a public agency administering or supervising the administration
of a state plan approved under part A of Title IV of the "Social
Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a
public agency charged with any duty or responsibility under any
program or activity authorized or required under part D of Title
IV of such act, information with respect to any individual
specified in the request as to:
(1) Whether the individual is receiving, has received, or
has made application for unemployment compensation, and the
amount of any compensation being received by the individual;
(2) The current or most recent home address of the
individual;
(3) Whether the individual has refused an offer of
employment and, if so, a description of the employment so offered
and the terms, conditions, and rate of pay therefor.
The public agency shall pay to the bureau of employment
services the actual costs of furnishing the information described
in this division, as provided in the "Unemployment Compensation
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a.
(C)(1) The administrator shall disclose, upon request, to
officers, agents, or employees of any state or local child
support enforcement agency, any wage information contained in the
records of the bureau of employment services with respect to an
individual identified in the request.
(2) The officer, agent, or employee of the state or local
child support enforcement agency shall state in the request that
the wage information shall be used only for the purpose of
establishing and collecting child support obligations from, and
locating, individuals owing these obligations which are being
enforced pursuant to a plan described in section 454 of the
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654,
which has been approved by the United States secretary of health
and human services under part D of Title IV of the "Social
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651.
(3) State and local child support enforcement agencies,
pursuant to section 303(d) of the "Social Security Act," 94 Stat.
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security
Disability Amendments of 1980," section 408(B) of P.L. 96-265,
shall pay to the bureau the actual costs of furnishing the
information described in this division.
(4) Requirements with respect to the confidentiality of
information obtained in the administration of this chapter and
any sanctions imposed on improper disclosure of information
obtained therein shall apply to the redisclosure of information
disclosed under this section.
(D) The administrator also shall furnish, as required by
section 303(h) of the "Social Security Act," to the United States
secretary of health and human services, and on a reimbursable
basis, prompt access to wage and claims information, including
any information useful in locating an absent parent or such
parent's employer for use by the "Parent Locator Service,"
section 453, part D of Title IV of the "Social Security Act" and
as required under section 303(h) of such act.
(E)(1) If the director of human services determines that
direct, on-line access to the automated information system
maintained by the bureau of employment services is an effective
and efficient means of obtaining necessary information to aid in
the enforcement or collection of child support obligations, the
director shall make a written request to the administrator of the
bureau of employment services to permit the following to have
direct, on-line access to the information system:
(a) The department of human services;
(b) Officers, agents, or employees of a state or local
child support enforcement agency of this state or of another
state as designated by the director;
(c) Officers, agents, or employees of any private agency
designated by the director that is operating pursuant to a
contract entered into with a state or local child support
enforcement agency of this state for the exchange of information
related to the enforcement and collection of child support
obligations.
(2) The director of human services shall not designate
pursuant to division (E)(1) of this section a state or local
child support enforcement agency of this state or of another
state or any private agency to have access to the automated
information system maintained by the bureau unless he THE
DIRECTOR also determines that on-line direct access to the bureau's
automated information system by that agency is necessary for the
implementation of a child support enforcement program operating
pursuant to a plan described in section 454 of the "Social
Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, that has
been approved by the secretary of health and human services under
part D of Title IV of the "Social Security Act," 88 Stat. 2351
(1975), 42 U.S.C.A. 651.
(3) Upon receipt of a request made under division (E)(1)
of this section, the administrator of the bureau shall comply
with the request and shall adopt rules pursuant to this section
and section 111.15 of the Revised Code to regulate access to the
bureau's automated information system. The rules shall include a
confidentiality requirement that conforms to division (E)(5) of
this section.
(4)(a) State and local child support enforcement agencies,
pursuant to section 303(d) of the "Social Security Act," 94 Stat.
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security
Disability Amendments of 1980," section 408(B) of P.L. 96-265,
shall pay to the bureau the actual costs to the bureau of
accessing its automated information system.
(b) Any private agency designated by the director of human
services pursuant to division (E)(1) of this section that is
operating pursuant to a contract entered into with a state or
local child support enforcement agency of this state for the
exchange of information related to the enforcement and collection
of child support obligations shall pay or provide contractually
for the payment of the actual costs to the bureau of accessing
its automated information system.
(5) The requirements with respect to the confidentiality
of information obtained in the administration of this chapter and
any sanctions imposed on improper disclosure of information
obtained in the administration of this chapter shall apply to any
information obtained pursuant to division (E) of this section
through on-line access to the bureau's automated information
system.
(F) The director of human services, his THE DIRECTOR'S
employees, and
other individuals to whom information is made available pursuant
to this section are subject to section 4141.22 of the Revised
Code and the penalty for violation of that section as specified
in section 4141.99 of the Revised Code.
(G) As used in this section, "state or local child support
enforcement agency" means either of the following:
(1) In this state, the department of human services, the
division of child support created pursuant to section 5101.31 of
the Revised Code, or a child support enforcement agency
designated by the board of county commissioners pursuant to
section 2301.35 of the Revised Code;
(2) In a state other than this state, any agency of a
state or of a political subdivision of a state operating pursuant
to a plan described in section 454 of the "Social Security Act,"
which has been approved by the secretary of health and human
services under part D of Title IV of the "Social Security Act."
Sec. 4141.17. The administrator of the bureau of employment services and
his
secretary, deputies, and authorized representative THE UNEMPLOYMENT
COMPENSATION REVIEW COMMISSION may administer oaths,
certify to official acts, take depositions, issue subpoenas, and compel the
attendance and testimony of witnesses and the production of books, accounts,
papers, records, documents, and testimony; but no person shall be compelled
pursuant to this section to
attend at a place outside the county in which he
resides or is found.
No person shall be excused from attending and testifying or from producing
books, papers, correspondence, memoranda, or other records before the
administrator or his secretary or deputy or
before any authorized
representative, agent, or agency of the administrator, in any cause, hearing,
or proceeding before the administrator or a local board, on the ground that
the testimony or evidence required of him may tend to
incriminate him or
subject
him to a penalty or forfeiture; but no person shall
be prosecuted or be
subjected to any penalty or forfeiture on account of any transaction, matter,
or thing concerning which he is compelled, after
having claimed his privilege
against self incrimination, to testify or produce evidence, except that such
individual so testifying shall not be exempt from prosecution and punishment
for perjury committed in so testifying.
In case of the refusal of a witness to attend or testify, or to produce books
or papers, as to any matter regarding which he THE WITNESS might
be lawfully interrogated
in the administration of this chapter, the court of common pleas of the county
in which the person resides or is found, THE COURT OF APPEALS THAT
HAS JURISDICTION OVER THE COUNTY IN WHICH THE PERSON RESIDES OR IS FOUND,
or a judge thereof, upon application
of the administrator OR COMMISSION, shall compel obedience by
proceedings as for contempt as
in case of like refusal to obey a similar order of the court.
Sec. 4141.20. (A) Every employer, including those not
otherwise subject to this chapter, shall furnish the
administrator of the bureau of employment services upon request
all information required by him THE ADMINISTRATOR to carry out
the requirements of
this chapter. Every employer receiving from the administrator
any blank with direction to fill it out shall cause it to be
properly filled out, in the manner prescribed by the
administrator, so as to answer fully and correctly all questions
therein propounded, and shall furnish all the information therein
sought, or, if unable to do so, such THAT employer shall give
the
administrator in writing good and sufficient reason for such
failure.
The administrator may require that such information be
verified under oath and returned to the administrator within the
period fixed by him THE ADMINISTRATOR or by law. The
administrator or any person
employed by him THE ADMINISTRATOR for that purpose may examine
under oath any such employer, or the officer, agent, or employee of
such THAT employer, for the purpose of ascertaining any
information which such THAT THE employer is required by this
chapter to furnish to the
administrator. Any employer who fails to furnish information as
is required by the administrator under authority of this section
shall forfeit five hundred dollars to be collected in a civil
action brought against the employer in the name of the state.
(B) Effective with the calendar quarter beginning April 1,
1987, every contributory employer shall file a quarterly
contribution report and a quarterly report of wages. The
quarterly reports shall be filed no later than the last day of
the first month following the close of the calendar quarter for
which the quarterly reports are being filed. The employer shall
enter on the quarterly contribution report the total and taxable
remuneration paid to all employees during the quarter. The
employer shall enter on the quarterly report of wages the name
and social security number of each individual employed during the
calendar quarter, the total remuneration paid the individual, the
number of weeks during the quarter for which the individual was
paid remuneration, and any other information as required by
section 1137 of the "Social Security Act." The administrator
shall furnish the form or forms on which the quarterly reports
are to be submitted or the employer may use other methods of
reporting, INCLUDING ELECTRONIC INFORMATION TRANSMISSION
METHODS, as approved by the administrator.
Effective until the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly contribution
report or the report of wages containing all the required
contribution and wage information within the time prescribed by
this section, there shall be assessed a forfeiture amounting to
ten per cent of the contributions due; provided such forfeiture
shall not be less than twenty-five nor more than two hundred
fifty dollars. The administrator may waive the forfeiture only
with respect to the report of wages, and the waiver may be
approved only if the employer shows good cause for failure to
file the required information.
Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly contribution
report containing all the required information within the time
prescribed by this section, there shall be assessed a forfeiture
amounting to twenty-five one-hundredths of one per cent of the
total remuneration paid by the employer, provided such forfeiture
shall not be less than thirty nor more than five hundred dollars
per quarterly contribution report. The administrator may waive
the forfeiture only if the employer provides to the administrator
a written statement showing good cause for failure to file the
required quarterly contribution report.
Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly report of wages
containing all the required information within the time
prescribed by this section, there shall be assessed a forfeiture
amounting to twenty-five one-hundredths of one per cent of the
total remuneration paid by the employer, provided such forfeiture
shall be not less than thirty nor more than five hundred dollars
per quarterly report of wages. The administrator may waive the
forfeiture only if the employer provides to the administrator a
written statement showing good cause for failure to file the
required quarterly report of wages.
(C) Effective with the calendar quarter beginning April 1,
1987, every employer liable for payments in lieu of contributions
shall file a quarterly payroll report and a quarterly report of
wages. The employer shall file the quarterly reports no later
than the last day of the first month following the close of the
calendar quarter for which the quarterly reports are being filed.
The employer shall enter on the quarterly payroll report the
total remuneration paid to all employees during the quarter and
the total wages that would have been taxable had the employer
been subject to contributions. The employer shall enter on the
quarterly report of wages the name and social security number of
each individual employed during the calendar quarter, the total
remuneration paid the individual, the number of weeks during the
quarter for which the individual was paid remuneration, and any
other information as required by section 1137 of the "Social
Security Act." The administrator shall furnish the form or forms
on which the quarterly reports are to be submitted or the
employer may use other methods of reporting, INCLUDING ELECTRONIC
INFORMATION TRANSMISSION METHODS, as approved by the administrator.
Effective until the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly payroll report or
the report of wages containing all of the required payroll or
wage information within the time prescribed by this section, the
employer shall be assessed a forfeiture of twenty-five dollars
per report. The administrator may waive the forfeiture only with
respect to the report of wages, and such waiver may be approved
only if the employer shows good cause for failure to file the
required information.
Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly payroll report
containing all the required wage information within the time
prescribed by this section, the employer shall be assessed a
forfeiture amounting to twenty-five one-hundredths of one per
cent of the total remuneration paid by the employer, provided
such forfeiture shall not be less than thirty nor more than five
hundred dollars per quarterly payroll report. The administrator
may waive the forfeiture only if the employer provides to the
administrator a written statement showing good cause for failure
to file the required quarterly payroll report.
Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly report of wages
containing all the required information within the time
prescribed by this section, there shall be assessed a forfeiture
amounting to twenty-five one-hundredths of one per cent of the
total remuneration paid by the employer, provided such forfeiture
shall be not less than thirty nor more than five hundred dollars
per quarterly report of wages. The administrator may waive the
forfeiture only if the employer provides to the administrator a
written statement showing good cause for failure to file the
required quarterly report of wages.
(D) All forfeitures required by this section shall be paid
into the unemployment compensation special administrative fund as
provided in section 4141.11 of the Revised Code.
Sec. 4141.21. Except as provided in sections 4141.16,
4141.161, 4141.162, and 4141.163 of the Revised Code; until October 1,
1994,
except as provided in section 4141.164 of the Revised Code;, and
subject to
section 4141.43 of the Revised Code, the
information MAINTAINED BY THE ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT
SERVICES OR furnished to the administrator of the bureau of employment
services by employers or employees pursuant to this
chapter is for the exclusive use and information of the bureau of
employment services in the discharge of its duties and shall not
be open to the public or be used in any court in any action or
proceeding pending therein, or be admissible in evidence in any
action, other than one arising under such THOSE sections. All
of the information and records necessary or useful in the determination
of any particular claim for benefits or necessary in verifying
any charge to an employer's account under sections 4141.23 to
4141.26 of the Revised Code shall be available for examination
and use by the employer and the employee involved or their
authorized representatives in the hearing of such cases, and such
THAT information may be tabulated and published in statistical form
for the use and information of the state departments and the
public.
Sec. 4141.22. (A) No person shall disclose any
information which THAT was MAINTAINED BY THE ADMINISTRATOR OF
THE BUREAU OF EMPLOYMENT SERVICES OR furnished to the administrator of
the bureau of employment services by employers or employees pursuant
to Chapter 4141. of the Revised Code, unless such disclosure is
permitted under section 4141.21 of the Revised Code.
(B) No person in the employ of the administrator of the
bureau of employment services, or who has been in the employ of
the administrator at any time, shall divulge any information
secured by him THE PERSON while so employed in respect to the
transactions,
property, business, or mechanical, chemical, or other industrial
process of any person, firm, corporation, association, or
partnership to any person other than the administrator or other
employees of the bureau of employment services as required by
such THE person's duties, or to other persons as authorized by
the administrator under section 4141.43 of the Revised Code.
Whoever violates this section shall be disqualified from
holding any appointment or employment by the administrator.
Sec. 4141.24. (A)(1) The administrator of the bureau of
employment services shall maintain a separate account for each
employer and, except as otherwise provided in division (D)(B)
of section 4141.25 of the Revised Code respecting mutualized
contributions, shall credit such employer's account with all the
contributions, or payments in lieu of contributions, which he THE
EMPLOYER has paid on his THE EMPLOYER'S own behalf.
(2) If, as of the computation date, a contributory
employer's account shows a negative balance computed as provided
in division (C)(A)(3) of section 4141.25 of the Revised Code,
less any contributions due and unpaid on such date, which negative
balance is in excess of the limitations imposed by divisions
(A)(2)(a), (b), and (c) of this section and if the employer's
account is otherwise eligible for the transfer, then before his THE
EMPLOYER'S contribution rate is computed for the next succeeding
contribution period, an amount equal to the amount of the excess
eligible for transfer shall be permanently transferred from the
account of such employer and charged to the mutualized account
provided in division (D)(B) of section 4141.25 of the Revised
Code.
(a) If as of any computation date, a contributory
employer's account shows a negative balance in excess of ten per
cent of the employer's average annual payroll, then before his THE
EMPLOYER'S contribution rate is computed for the next succeeding
contribution period, an amount equal to the amount of the excess
shall be transferred from the account as provided in this
division. No contributory employer's account may have any excess
transferred pursuant to division (A)(2)(a) of this section,
unless his THE EMPLOYER'S account has shown a positive balance
for at least two consecutive computation dates prior to the computation date
with respect to which the transfer is proposed. Each time a transfer
is made pursuant to division (A)(2)(a) of this section, the
employer's account is ineligible for any additional transfers
under that division, until the account shows a positive balance
for at least two consecutive computation dates subsequent to the
computation date of which the most recent transfer occurs
pursuant to division (A)(2)(a), (b), or (c) of this section.
(b) If at the next computation date after the computation
date at which a transfer from the account occurs pursuant to
division (A)(2)(a) of this section, a contributory employer's
account shows a negative balance in excess of fifteen per cent of
the employer's average annual payroll, then before his THE
EMPLOYER'S contribution rate is computed for the next succeeding
contribution period an amount equal to the amount of the excess
shall be permanently transferred from the account as provided in
this division.
(c) If at the next computation date subsequent to the
computation date at which a transfer from a contributory
employer's account occurs pursuant to division (A)(2)(b) of this
section, the employer's account shows a negative balance in
excess of twenty per cent of the employer's average annual
payroll, then before his THE EMPLOYER'S contribution rate is
computed for the next succeeding contribution period, an amount equal to the
amount of the excess shall be permanently transferred from the
account as provided in this division.
(d) If no transfer occurs pursuant to division (A)(2)(b)
or (c) of this section, the employer's account is ineligible for
any additional transfers under division (A)(2) until the account
requalifies for a transfer pursuant to division (A)(2)(a) of this
section.
(B) Any employer may make voluntary payments in addition
to the contributions required under this chapter, in accordance
with rules established by the administrator. Such payments shall
be included in the employer's account as of the computation date,
provided they are received by the bureau of employment services
by the thirty-first day of December following such computation
date. Such voluntary payment, when accepted from an employer,
will not be refunded in whole or in part. In determining whether
an employer's account has a positive balance on two consecutive
computation dates and is eligible for transfers under division
(A)(2) of this section, the administrator shall exclude any
voluntary payments made subsequent to the last transfer made
under division (A)(2) of this section.
(C) All contributions to the fund shall be pooled and
available to pay benefits to any individual entitled to benefits
irrespective of the source of such contributions.
(D)(1) For the purposes of this section and sections
4141.241 and 4141.242 of the Revised Code, an employer's account
shall be charged only for benefits based on remuneration paid by
such employer. Benefits paid to an eligible individual shall be
charged against the account of each employer within the
claimant's base period in the proportion to which wages
attributable to each employer of the claimant bears to the
claimant's total base period wages. Charges to the account of a
base period employer with whom the claimant is employed part-time
at the time his THE CLAIMANT'S application for a determination
of benefits rights is filed shall be charged to the mutualized account when
all of the following conditions are met:
(a) The claimant also worked part-time for the employer
during the base period of the claim.
(b) The claimant is unemployed due to loss of other
employment.
(c) The employer either is not a reimbursing employer
under section 4141.241 or 4141.242 of the Revised Code or is a
reimbursing employer who has been determined to be a seasonal
employer pursuant to section 4141.33 of the Revised Code, and the
benefit charges are for weeks of unemployment that occurred
outside the seasonal employer's seasonal period.
(2) NOTWITHSTANDING DIVISION (D)(1) OF THIS SECTION, CHARGES TO
THE ACCOUNT OF ANY EMPLOYER, INCLUDING ANY REIMBURSING EMPLOYER, SHALL BE
CHARGED TO THE MUTUALIZED ACCOUNT IF IT FINALLY IS DETERMINED BY A COURT ON
APPEAL THAT THE EMPLOYER'S ACCOUNT IS NOT CHARGEABLE FOR THE BENEFITS.
(3) The administrator shall notify each employer at least
once each month of the benefits charged to his THE EMPLOYER'S
account since the
last preceding notice; except that for the purposes of sections
4141.241 and 4141.242 of the Revised Code which provides the
billing of employers on a payment in lieu of a contribution
basis, the administrator may prescribe a quarterly or less
frequent notice of benefits charged to the employer's account.
Such notice will show a summary of the amount of benefits paid
which were charged to the employer's account. This notice shall
not be deemed a determination of the claimant's eligibility for
benefits. Any employer so notified, may, however, MAY FILE
within fifteen days after the mailing date of the notice, file an
exception to
charges appearing on the notice on the grounds that such charges
are not in accordance with this section. The administrator shall
promptly examine the exception to such charges and shall notify
the employer of his THE ADMINISTRATOR'S decision thereon, which
decision shall become final unless appealed to the board of
UNEMPLOYMENT COMPENSATION review COMMISSION in the
manner provided in section 4141.26 of the Revised Code. For the
purposes of this division, an exception is considered timely
filed when it has been received as provided in division (I)(2) of
section 4141.28 of the Revised Code.
(3) For the purpose of this section and sections 4141.241
and 4141.242 of the Revised Code, benefits based on public
service wages for services performed in a public service job as
defined in the "Comprehensive Employment and Training Act of
1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, to the extent
that wages are paid with funds provided under that federal act
shall not be charged to the account of any employer but shall be
charged to the account of the federal government to the extent
that the unemployment compensation fund is reimbursed for
benefits under section 221, Title II of the "Emergency Jobs and
Unemployment Assistance Act of 1974," 88 Stat. 1845, as added by
section 6(a) of Public Law 94-444, as amended.
(E) The administrator shall terminate and close the
account of any contributory employer who has been subject to this
chapter if the enterprise for which the account was established
is no longer in operation and it has had no payroll and its
account has not been chargeable with benefits for a period of
five consecutive years. The amount of any positive balance,
computed as provided in division (C)(A)(3) of section 4141.25
of the Revised Code, in an account closed and terminated as provided in
this section shall be credited to the mutualized account as
provided in division (D)(B)(2)(b) of section 4141.25 of the
Revised Code. The amount of any negative balance, computed as provided
in division (C)(A)(3) of section 4141.25 of the Revised Code,
in an account closed and terminated as provided in this section shall
be charged to the mutualized account as provided in division
(D)(B)(1)(b) of section 4141.25 of the Revised Code. The
amount of
any positive balance or negative balance, credited or charged to
the mutualized account after the termination and closing of an
employer's account, shall not thereafter be considered in
determining the contribution rate of such employer. The closing
of an employer's account as provided in this division shall not
relieve such employer from liability for any unpaid contributions
or payment in lieu of contributions which are due for periods
prior to such closing.
If the administrator finds that a contributory employer's
business is closed solely because of the entrance of one or more
of the owners, officers, or partners, or the majority
stockholder, into the armed forces of the United States, or any
of its allies, or of the United Nations after July 1, 1950, such
employer's account shall not be terminated and if the business is
resumed within two years after the discharge or release of such
persons from active duty in the armed forces, the employer's
experience shall be deemed to have been continuous throughout
such period. The reserve ratio of any such employer shall be the
total contributions paid by such employer minus all benefits,
including benefits paid to any individual during the period such
employer was in the armed forces, based upon wages paid by him THE
EMPLOYER prior to his THE EMPLOYER'S entrance into the armed
forces divided by the
average of his THE EMPLOYER'S annual payrolls for the three most
recent years
during the whole of which the employer has been in business.
(F) If an employer transfers his THE EMPLOYER'S business or
otherwise reorganizes such business, the successor in interest shall assume
the resources and liabilities of such employer's account, and
continue the payment of all contributions, or payments in lieu of
contributions, due under this chapter. If an employer acquires
substantially all of the assets in a trade or business of another
employer, or a clearly segregable and identifiable portion of an
employer's enterprise, and immediately after the acquisition
employs in his THE EMPLOYER'S trade or business substantially
the same
individuals who immediately prior to the acquisition were
employed in the trade or business or in the separate unit of such
trade or business of such predecessor employer, then, upon
application to the administrator signed by the predecessor
employer and the acquiring employer, the employer acquiring such
enterprise is the successor in interest. In the case of a
transfer of a portion of an employer's enterprise, only that part
of the experience with unemployment compensation and payrolls
that is directly attributable to the segregated and identifiable
part shall be transferred and used in computing the contribution
rate of the successor employer on the next computation date. The
administrator by rule may prescribe procedures for effecting
transfers of experience as provided for in this section.
(G) For the purposes of this section, two or more
employers who are parties to or the subject of a merger,
consolidation, or other form of reorganization effecting a change
in legal identity or form are deemed to be a single employer if
the administrator finds that immediately after such change the
employing enterprises of the predecessor employers are continued
solely through a single employer as successor thereto, and
immediately after such change such successor is owned or
controlled by substantially the same interests as the predecessor
employers, and the successor has assumed liability for all
contributions required of the predecessor employers, and the
consideration of such two or more employers as a single employer
for the purposes of this section would not be inequitable.
(H) No rate of contribution less than three TWO AND
SEVEN-TENTHS per cent shall
be permitted a contributory employer succeeding to the experience
of another contributory employer pursuant to this section for any
period subsequent to such succession, except in accordance with
rules prescribed by the administrator, which rules shall be
consistent with federal requirements for additional credit
allowance in section 3303 of the "Internal Revenue Code of 1954"
and consistent with this chapter, except that such rules may
establish a computation date for any such period different from
the computation date generally prescribed by this chapter, and
may define "calendar year" as meaning a twelve consecutive month
period ending on the same day of the year as that on which such
computation date occurs.
(I) The administrator may prescribe rules for the
establishment, maintenance, and dissolution of common
contribution rates for two or more contributory employers, and in
accordance with such rules and upon application by two or more
employers shall establish such common rate to be computed by
merging the several contribution rate factors of such employers
for the purpose of establishing a common contribution rate
applicable to all such employers.
Sec. 4141.241. (A)(1) Any nonprofit organization
described in division (X) of section 4141.01 of the Revised Code,
which becomes subject to this chapter on or after January 1,
1972, shall pay contributions under section 4141.25 of the
Revised Code, unless it elects, in accordance with this division,
to pay to the administrator of employment services for deposit in
the unemployment compensation fund an amount in lieu of
contributions equal to the amount of regular benefits plus one
half of extended benefits paid from that fund that is
attributable to service in the employ of the nonprofit
organization to individuals whose service, during the base period
of the claims, was within the effective period of such election.
(2) Any nonprofit organization which becomes subject to
this chapter after January 1, 1972, may elect to become liable
for payments in lieu of contributions for a period of not less
than the remainder of that calendar year and the next calendar
year, beginning with the date on which such subjectivity begins,
by filing a written notice of its election with the administrator
not later than thirty days immediately following the date of the
determination of such subjectivity.
(3) Any nonprofit organization which makes an election in
accordance with this division will continue to be liable for
payments in lieu of contributions for the period described in
this division and until it files with the administrator a written
notice terminating its election. The notice shall be filed not
later than thirty days prior to the beginning of the calendar
year for which the termination is to become effective.
(4) Any nonprofit organization which has been paying
contributions for a period subsequent to January 1, 1972, may
change to a reimbursable basis by filing with the administrator,
not later than thirty days prior to the beginning of any calendar
year, a written notice of election to become liable for payments
in lieu of contributions. The election shall not be terminable
by the organization during that calendar year and the next
calendar year.
(5) The administrator, in accordance with any rules the administrator
prescribes, shall notify each nonprofit
organization of any
determination which the administrator may make of its status as an
employer and
of the effective date of any election which it makes and of any
termination of the election. Any determinations shall be subject
to reconsideration, appeal, and review in accordance with section
4141.26 of the Revised Code.
(B) Except as provided in division (I) of section 4141.29
of the Revised Code, benefits based on service with a nonprofit
organization granted a reimbursing status under this section
shall be payable in the same amount, on the same terms, and
subject to the same conditions, as benefits payable on the basis
of other service subject to this chapter. Payments in lieu of
contributions shall be made in accordance with this division and
division (D) of section 4141.24 of the Revised Code.
(1)(a) At the end of each calendar quarter, or at the end
of any other period as determined by the administrator under
division (D)(2)(3) of section 4141.24 of the Revised Code, the
administrator shall bill each nonprofit organization or group of
such organizations which has elected to make payments in lieu of
contributions for an amount equal to the full amount of regular
benefits plus one half of the amount of extended benefits paid
during such quarter or other prescribed period which is
attributable to service in the employ of such organization.
(b) In the computation of the amount of benefits to be
charged to employers liable for payments in lieu of
contributions, all benefits attributable to service described in
division (B)(1)(a) of this section shall be computed and charged
to such organization as described in division (D) of section
4141.24 of the Revised Code, and, except as provided in division
(C)(D)(2) of section 4141.33 4121.24 of the
Revised Code, no portion of the
amount may be charged to the mutualized account established by
division (D)(B) of section 4141.25 of the Revised Code.
(c) The administrator may prescribe regulations under
which organizations, which have elected to make payments in lieu
of contributions may request permission to make such payments in
equal installments throughout the year with an adjustment at the
end of the year for any excess or shortage of the amount of such
installment payments compared with the total amount of benefits
actually charged the organization's account during the year. In
making any adjustment, where the total installment payments are
less than the actual benefits charged, the organization shall be
liable for payment of the unpaid balance in accordance with
division (B)(2) of this section. If the total installment
payments exceed the actual benefits charged, all or part of the
excess may, at the discretion of the administrator, be refunded
or retained in the fund as part of the payments which may be
required in the next year.
(2) Payment of any bill rendered under division (B)(1) of
this section shall be made not later than thirty days after the
bill was mailed to the last known address of the organization or
was otherwise delivered to it, unless there has been an
application for review and redetermination in accordance with
division (B)(4) of this section.
(3) Payments made by an organization under this section
shall not be deducted or deductible, in whole or in part, from
the remuneration of individuals in the employ of the
organization.
(4) An organization may file an application for review and
redetermination of the amounts appearing on any bill rendered to
such organization under division (B)(1) of this section. The
application shall be filed and determined under division
(D)(2)(3)
of section 4141.24 of the Revised Code.
(5) Past due payments of amounts in lieu of contributions
shall be subject to the same interest rates and collection
procedures that apply to past due contributions under sections
4141.23 and 4141.27 of the Revised Code. In case of failure to
file a required quarterly report within the time prescribed by
the administrator, the nonprofit organization shall be subject to
a forfeiture pursuant to section 4141.20 of the Revised Code for
each quarterly report that is not timely filed.
All interest and forfeitures collected under this division
shall be paid into the unemployment compensation special
administrative fund as provided in section 4141.11 of the Revised
Code.
(6) All payments in lieu of contributions collected under
this section shall be paid into the unemployment compensation
fund as provided in section 4141.09 of the Revised Code. Any
refunds of such payments shall be paid from the unemployment
compensation fund, as provided in section 4141.09 of the Revised
Code.
(C)(1) Any nonprofit organization, or group of such
organizations approved under division (D) of this section,
that
elects to become liable for payments in lieu of contributions
shall be required within thirty days after the effective date of
its election, to execute and file with the administrator a surety
bond approved by the administrator or it may elect instead to
deposit with the administrator approved municipal or other bonds,
or approved securities, or a combination thereof, or other forms of collateral
security approved by the administrator.
(2)(a) The amount of the bond or deposit required shall be
equal to three per cent of the organization's wages paid for
employment as defined in section 4141.01 of the Revised Code that
would have been taxable had the organization been a subject
employer during the four calendar quarters immediately preceding
the effective date of the election,
or the amount established by the administrator within the limitation
provided in division (C)(2)(d) of this section,
whichever is the less. The effective date of the amount of the bond or other
collateral security required after the employer initially is determined by the
administrator to be liable for payments in lieu of contributions shall be
the renewal date in the case
of a bond or the biennial anniversary of the effective date of
election in the case of deposit of securities or other forms of collateral
security approved by the administrator, whichever date
shall be most recent and applicable. If the nonprofit
organization did not pay wages in each of such four calendar
quarters, the amount of the bond or deposit shall be as
determined by the administrator under regulations prescribed for
this purpose.
(b) Any bond or other form of collateral security approved by the
administrator deposited under this division shall be in
force for a period of not less than two calendar years and shall
be renewed with the approval of the administrator, at such times
as the administrator may prescribe, but not less frequently than
at two year intervals as long as the organization continues to be
liable for payments in lieu of contributions. The administrator
shall require adjustments to be made in a previously filed bond or other form
of collateral security
as the administrator considers appropriate. If the bond or other form of
collateral security is to be increased, the
adjusted bond or collateral security shall be filed by the organization within
thirty days of the date that notice of the required adjustment was
mailed or otherwise delivered to it. Failure by any organization
covered by such bond or collateral security to pay the full amount of payments
in lieu of contributions when due, together with any applicable interest
provided for in division (B)(5) of this section, shall render the
surety liable on the bond or collateral security to the extent of the bond or
collateral security, as though
the surety was the organization.
(c) Any securities accepted in lieu of surety bond by the
administrator shall be deposited with the treasurer of state who
shall have custody thereof and retain the same in his or her THE
TREASURER OF STATE'S possession, or release them, according to conditions
prescribed by
regulations of the administrator. Income from the securities,
held in custody by the treasurer of state, shall accrue to the
benefit of the depositor and shall be distributed to the
depositor in the absence of any notification from the
administrator that the depositor is in default on any payment
owed to the bureau of employment services. The administrator may
require the sale of any such bonds to the extent necessary to
satisfy any unpaid payments in lieu of contributions, together
with any applicable interest or forfeitures provided for in
division (B)(5) of this section. The administrator shall require
the employer within thirty days following any sale of deposited
securities, under this subdivision, to deposit additional
securities, surety bond or combination of both, to make whole the
employer's security deposit at the approved level. Any cash
remaining from the sale of such securities may, at the discretion
of the administrator, be refunded in whole or in part, or be paid
into the unemployment compensation fund to cover future payments
required of the organization.
(d) The required bond or deposit for any nonprofit organization, or group of
such organizations approved by the administrator under division (D) of this
section, that is determined by the administrator to be liable for payments in
lieu of contributions effective beginning on and after January 1, 1996, but
prior to January 1, 1998, and the required bond or deposit for any renewed
elections under division (C)(2)(b) of this section effective during that
period shall not exceed one million two hundred fifty thousand dollars. The
required bond or deposit for any nonprofit organization, or group of such
organizations approved by the administrator under division (D) of this
section, that is determined to be liable for payments in lieu of contributions
effective on and after January 1, 1998, and the required bond or deposit for
any renewed elections effective on and after
January 1, 1998, shall not exceed two million dollars.
(3) If any nonprofit organization fails to file a bond or
make a deposit, or to file a bond in an increased amount or to
make whole the amount of a previously made deposit, as provided
under this division, the administrator may terminate the
organization's election to make payments in lieu of contributions
effective for the quarter following such failure and the
termination shall continue for not less than the remainder of
that calendar year and the next calendar year, beginning with the
quarter in which the termination becomes effective; except that
the administrator may extend for good cause the applicable
filing, deposit or adjustment period by not more than thirty
days.
(D)(1) Two or more nonprofit organizations that have
become liable for payments in lieu of contributions, in
accordance with division (A) of this section, may file a joint
application to the administrator for the establishment of the
group account for the purpose of sharing the cost of benefits
paid that are attributable to service in the employ of those
employers. Notwithstanding division (E) of section 4141.242 of
the Revised Code, hospitals operated by this state or a political
subdivision may participate in a group account with nonprofit
organizations under the procedures set forth in this section.
Each application shall identify and authorize a group
representative to act as the group's agent for the purposes of
this division.
(2) Upon the administrator's approval of the application, the
administrator shall establish a group account for the employers
effective as of the beginning of the calendar quarter in which he
THE ADMINISTRATOR receives the application and shall notify the group's
representative of the effective date of the account. The account
shall remain in effect for not less than two years and thereafter
until terminated by the administrator or upon application by the
group.
(3) Upon establishment of the account, each member of the
group shall be liable, in the event that the group representative
fails to pay any bill issued to it pursuant to division (B) of
this section, for payments in lieu of contributions with respect
to each calendar quarter in the amount that bears the same ratio
to the total benefits paid in the quarter that are attributable
to service performed in the employ of all members of the group as
the total wages paid for service in employment by the member in
the quarter bear to the total wages paid during the quarter for
service performed in the employ of all members of the group.
(4) The administrator shall adopt regulations as considered necessary with
respect to the following: applications for
establishment, bonding, maintenance, and termination of group
accounts that are authorized by this section; addition of new
members to and withdrawal of active members from such accounts;
and the determination of the amounts that are payable under this
division by the group representative and in the event of default
in payment by the group representative, members of the group, and
the time and manner of payments.
Sec. 4141.25. (A) Wages paid for services in a public
service job as defined in the "Comprehensive Employment and
Training Act of 1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended,
shall not be subject to contribution to the extent that wages are
paid with funds provided under that federal act and are not
subject to the tax imposed by the "Federal Unemployment Tax Act,"
53 Stat. 183 (1939), 26 U.S.C.A. 3301, and that benefits based on
those services are reimbursed to this state by the federal
government.
(B) An employer who first becomes subject to this chapter
as a contributory employer shall pay the average contribution
rate computed for the industry in which the employer is engaged, or
a rate of three per cent, whichever is greater, until there have been four
consecutive calendar quarters, ending on the thirtieth day
of June prior to the computation date throughout which the employer's
account was chargeable with benefits. Upon expiration of this
qualifying period, the rate shall then be computed in accordance
with division (C) of this section. The "average contribution
rate" for the industry as used in this division means the most
recent annual average rate reported by the bureau of employment
services contained in report RS 203.2.
(C) The administrator of the bureau of employment services
shall determine as of each computation date the contribution rate
of each CONTRIBUTING employer SUBJECT TO THIS CHAPTER for the
next succeeding contribution period. THE ADMINISTRATOR SHALL DETERMINE A
STANDARD RATE OF CONTRIBUTION OR AN EXPERIENCE RATE FOR EACH CONTRIBUTING
EMPLOYER. Once a rate of contribution has been established under
this
section for a contribution period, except as provided in division
(D) of section 4141.26 of the Revised Code, that rate shall
remain effective throughout such contribution period. The rate
of contribution shall be determined in accordance with the
following requirements:
(1) An EMPLOYER WHOSE EXPERIENCE DOES NOT MEET THE TERMS OF DIVISION
(A)(2) OF THIS SECTION SHALL BE ASSIGNED A STANDARD RATE OF
CONTRIBUTION. EFFECTIVE FOR CONTRIBUTION PERIODS BEGINNING ON AND AFTER
JANUARY 1, 1998, AN
employer's standard rate of contribution shall be
A RATE OF TWO AND SEVEN-TENTHS PER CENT, EXCEPT THAT THE RATE FOR EMPLOYERS
ENGAGED IN THE CONSTRUCTION INDUSTRY SHALL BE the average contribution
rate computed for the CONSTRUCTION industry in which
the employer is engaged or as set forth in division (B) of this
section OR A RATE OF TWO AND SEVEN-TENTHS PER CENT, whichever is
greater, unless there have been four consecutive
calendar quarters, ending on the thirtieth day of June prior to the
computation date, throughout which the employer's account was chargeable
with benefits, including an employer whose account is reactivated
before being terminated under division (E) of section 4141.24 of
the Revised Code. In the latter event any balance in the prior
account, either a positive or negative balance as described in
division (C)(3) of this section, shall be included in the
reactivated account. The standard rate set forth in THIS division
(C)(1) of this section shall be applicable to a nonprofit
organization whose election to make payments in lieu of
contributions is voluntarily terminated or canceled by the
administrator under section 4141.241 of the Revised Code, and
thereafter pays contributions as required by this section. If
such nonprofit organization had been a contributory employer
prior to its election to make payments in lieu of contributions,
then any prior balance in the contributory account shall become
part of the reactivated account.
AS USED IN DIVISION (A) OF THIS SECTION, "THE
AVERAGE CONTRIBUTION RATE COMPUTED FOR THE CONSTRUCTION INDUSTRY" MEANS THE
MOST RECENT
ANNUAL AVERAGE RATE ATTRIBUTABLE TO THE CONSTRUCTION GROUP AS PRESCRIBED BY
THE ADMINISTRATOR.
(2) A CONTRIBUTING EMPLOYER SUBJECT TO THIS CHAPTER SHALL QUALIFY FOR AN
EXPERIENCE RATE ONLY IF THE EMPLOYER HAD NO MORE THAN THREE CONSECUTIVE
QUARTERS WITHOUT EMPLOYMENT SUBJECT TO THIS CHAPTER DURING THE FIRST SEVEN OF
THE EIGHT COMPLETED CALENDAR QUARTERS IMMEDIATELY PRIOR TO THE COMPUTATION
DATE. Upon MEETING the expiration of the qualifying
period REQUIREMENTS provided for in division
(C)(1)(A)(2) of this section, and as of each
computation date thereafter, the administrator shall calculate
the total credits to each employer's account consisting of the
contributions other than mutualized contributions including all
contributions paid prior to the computation date for all past
periods plus:
(a) The contributions owing on the computation date that
are paid within thirty days after the computation date, and
credited to the employer's account;
(b) All voluntary contributions paid by an employer
pursuant to division (B) of section 4141.24 of the Revised Code.
(3) The administrator shall also SHALL determine the
benefits
which are chargeable to each employer's account and which were
paid prior to the computation date with respect to weeks of
unemployment ending prior to the computation date. The
administrator shall then SHALL determine the positive or
negative
balance of each employer's account by calculating the excess of
such contributions and interest over the benefits chargeable, or
the excess of such benefits over such contributions and interest.
Any resulting negative balance shall then SHALL be subject to
adjustment as provided in division (A)(2) of section 4141.24 of
the Revised Code after which the positive or negative balance
shall be expressed in terms of a percentage of the employer's
average annual payroll. If the total standing to the credit of
an employer's account exceeds the total charges, as provided in
this division, the employer has a positive balance and if such
charges exceed such credits the employer has a negative balance. Each
employer's contribution rate shall then be determined in accordance with the
following schedule:
Contribution Rate Schedule
If, as of the computation date
the contribution rate balance of
an employer's account as a
percentage of the employer's
average annual payroll is | The employer's
contribution rate for
the next succeeding
contribution period
shall be |
(a) A negative balance of: | | |
20.0% or more | | 6.5% |
19.0% but less than | 20.0% | 6.4% |
17.0% but less than | 19.0% | 6.3% |
15.0% but less than | 17.0% | 6.2% |
13.0% but less than | 15.0% | 6.1% |
11.0% but less than | 13.0% | 6.0% |
9.0% but less than | 11.0% | 5.9% |
5.0% but less than | 9.0% | 5.7% |
4.0% but less than | 5.0% | 5.5% |
3.0% but less than | 4.0% | 5.3% |
2.0% but less than | 3.0% | 5.1% |
1.0% but less than | 2.0% | 4.9% |
more than 0.0% but less than | 1.0% | 4.8% |
(b) A 0.0% or a positive | | |
balance of less than | 1.0% | 4.7% |
(c) A positive balance of: | | |
1.0% or more, but less than | 1.5% | 4.6% |
1.5% or more, but less than | 2.0% | 4.5% |
2.0% or more, but less than | 2.5% | 4.3% |
2.5% or more, but less than | 3.0% | 4.0% |
3.0% or more, but less than | 3.5% | 3.8% |
3.5% or more, but less than | 4.0% | 3.5% |
4.0% or more, but less than | 4.5% | 3.3% |
4.5% or more, but less than | 5.0% | 3.0% |
5.0% or more, but less than | 5.5% | 2.8% |
5.5% or more, but less than | 6.0% | 2.5% |
6.0% or more, but less than | 6.5% | 2.2% |
6.5% or more, but less than | 7.0% | 2.0% |
7.0% or more, but less than | 7.5% | 1.8% |
7.5% or more, but less than | 8.0% | 1.6% |
8.0% or more, but less than | 8.5% | 1.4% |
8.5% or more, but less than | 9.0% | 1.3% |
9.0% or more, but less than | 9.5% | 1.1% |
9.5% or more, but less than | 10.0% | 1.0% |
10.0% or more, but less than | 10.5% | .9% |
10.5% or more, but less than | 11.0% | .7% |
11.0% or more, but less than | 11.5% | .6% |
11.5% or more, but less than | 12.0% | .5% |
12.0% or more, but less than | 12.5% | .4% |
12.5% or more, but less than | 13.0% | .3% |
13.0% or more, but less than | 14.0% | .2% |
14.0% or more | | .1% |
(d) The contribution rates shall be as specified in
divisions (a), (b), and (c) of the contribution rate schedule
except that notwithstanding the amendments made to division (a)
of the contribution rate schedule in this section, if, as of the
computation date: for 1991, the negative balance is 5.0% or
more, the contribution rate shall be 5.7%; for 1992, if the
negative balance is 11.0% or more, the contribution rate shall be
6.0%; and for 1993, if the negative balance is 17.0% or more, the
contribution rate shall be 6.3%. Thereafter, the contribution
rates shall be as specified in the contribution rate schedule.
(D)(B)(1) The administrator shall establish and maintain a
separate account to be known as the "mutualized account." As of
each computation date there shall be charged to this account:
(a) As provided in division (A)(2) of section 4141.24 of
the Revised Code, an amount equal to the sum of that portion of
the negative balances of employer accounts which exceeds the
applicable limitations as such balances are computed under
division (C)(A) of this section as of such date;
(b) An amount equal to the sum of the negative balances
remaining in employer accounts which have been closed during the
year immediately preceding such computation date pursuant to
division (E) of section 4141.24 of the Revised Code;
(c) An amount equal to the sum of all benefits improperly
paid preceding such computation date which are not recovered but
which are not charged to an employer's account, or which after
being charged, are credited back to an employer's account;
(d) An amount equal to the sum of any other benefits paid
preceding such computation date which, under this chapter, are
not chargeable to an employer's account;
(e) An amount equal to the sum of any refunds made during
the year immediately preceding such computation date of
erroneously collected mutualized contributions required by this
division which were previously credited to this account;
(f) An amount equal to the sum of any repayments made to
the federal government during the year immediately preceding such
computation date of amounts which may have been advanced by it to
the unemployment compensation fund under section 1201 of the
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;
(g) Any amounts appropriated by the general assembly out
of funds paid by the federal government, under section 903 of the
"Social Security Act," to the account of this state in the
federal unemployment trust fund.
(2) As of every computation date there shall be credited
to the mutualized account provided for in this division:
(a) The proceeds of the mutualized contributions as
provided in this division;
(b) Any positive balances remaining in employer accounts
which are closed as provided in division (E) of section 4141.24
of the Revised Code;
(c) Any benefits improperly paid which are recovered but
which cannot be credited to an employer's account;
(d) All amounts which may be paid by the federal
government under section 903 of the "Social Security Act" to the
account of this state in the federal unemployment trust fund;
(e) Amounts advanced by the federal government to the
account of this state in the federal unemployment trust fund
under section 1201 of the "Social Security Act" to the extent
such advances have been repaid to or recovered by the federal
government;
(f) Interest credited to the Ohio unemployment trust fund
as deposited with the secretary of the treasury of the United
States.
(3) Annually, as of the computation date, the
administrator shall determine the total credits and charges made
to the mutualized account during the preceding twelve months and
the overall condition of the account. The administrator shall issue
an annual
statement containing this information and such other information
as the administrator deems pertinent, including a report that the
sum of the
balances in the mutualized account, employers' accounts, and any
subsidiary accounts equal the balance in the state's unemployment
trust fund maintained under section 904 of the "Social Security
Act."
(4) As used in this division:
(a) "Fund as of the computation date" means as of any
computation date, the aggregate amount of the unemployment
compensation fund, including all contributions owing on the
computation date that are paid within thirty days thereafter, all
payments in lieu of contributions that are paid within sixty days
after the computation date, all reimbursements of the federal
share of extended benefits described in section 4141.301 of the
Revised Code that are owing on the computation date, and all
interest earned by the fund and received on or before the
computation date from the federal government.
(b) "Minimum safe level" means an amount equal to two
standard deviations above the average of the adjusted annual
average unemployment compensation benefit payment from 1970 to
the most recent calendar year prior to the computation date, as
determined by the administrator pursuant to division
(D)(B)(4)(b) of
this section. To determine the adjusted annual payment of
unemployment compensation benefits, the administrator first shall
multiply the number of weeks compensated during each calendar
year beginning with 1970 by the most recent annual average weekly
unemployment compensation benefit payment and then compute the
average and standard deviation of the resultant products.
(c) "Annual average weekly unemployment compensation
benefit payment" means the amount resulting from dividing the
unemployment compensation benefits paid from the benefit account
maintained within the unemployment compensation fund pursuant to
section 4141.09 of the Revised Code, by the number of weeks
compensated during the same time period.
(5) If, as of any computation date, the charges to the
mutualized account during the entire period subsequent to the
computation date, July 1, 1966, made in accordance with division
(D)(B)(1) of this section, exceed the credits to such account
including mutualized contributions during such period, made in
accordance with division (D)(B)(2) of this section, the amount
of
such excess charges shall be recovered during the next
contribution period. To recover such amount, the administrator
shall compute the percentage ratio of such excess charges to the
average annual payroll of all employers eligible for an
experience rate under division (C)(A) of this section. The
percentage so determined shall be computed to the nearest tenth
of one per cent and shall be an additional contribution rate to
be applied to the wages paid by each employer whose rate is
computed under the provisions of division (C)(A) of this
section in
the contribution period next following such computation date, but
such percentage shall not exceed five-tenths of one per cent;
however, when there are any excess charges in the mutualized
account, as computed in this division, then the mutualized
contribution rate shall not be less than one-tenth of one per
cent.
(6) If the fund as of the computation date is above or
below minimum safe level, the contribution rates provided for in
each classification in division (C)(A)(3) of this section for
the next contribution period shall be adjusted as follows:
(a) If the fund is thirty per cent or more above minimum
safe level, the contribution rates provided in division
(C)(A)(3) of this section shall be decreased two-tenths of one
per cent.
(b) If the fund is more than fifteen per cent but less
than thirty per cent above minimum safe level, the contribution
rates provided in division (C)(A)(3) of this section shall be
decreased one-tenth of one per cent.
(c) If the fund is more than fifteen per cent but less
than thirty per cent below minimum safe level, the contribution
rates of all employers shall be increased twenty-five
one-thousandths of one per cent plus a per cent increase
calculated and rounded pursuant to division (D)(B)(6)(g) of
this section.
(d) If the fund is more than thirty per cent but less than
forty-five per cent below minimum safe level, the contribution
rates of all employers shall be increased seventy-five
one-thousandths of one per cent plus a per cent increase
calculated and rounded pursuant to division (D)(B)(6)(g) of
this section.
(e) If the fund is more than forty-five per cent but less
than sixty per cent below minimum safe level, the contribution
rates of all employers shall be increased one-eighth of one per
cent plus a per cent increase calculated and rounded pursuant to
division (D)(B)(6)(g) of this section.
(f) If the fund is sixty per cent or more below minimum
safe level, the contribution rates of all employers shall be
increased two-tenths of one per cent plus a per cent increase
calculated and rounded pursuant to division (D)(B)(6)(g) of
this section.
(g) The additional per cent increase in contribution rates
required by divisions (D)(B)(6)(c), (d), (e), and (f) of this
section that is payable by each individual employer shall be
calculated in the following manner. The flat rate increase
required by a particular division shall be multiplied by three
and the product divided by the average experienced-rated
contribution rate for all employers as determined by the
administrator for the most recent calendar year. The resulting
quotient shall be multiplied by an individual employer's
contribution rate determined pursuant to division (C)(A)(3) of
this
section. The resulting product shall be rounded to the nearest
tenth of one per cent, added to the flat rate increase required
by division (D)(B)(6)(c), (d), (e), or (f) of this section, as
appropriate, and the total shall be rounded to the nearest tenth
of one per cent. As used in division (D)(B)(6)(g) of this
section,
the "average experienced-rated contribution rate" means the most
recent annual average contribution rate reported by the bureau
contained in report RS 203.2 less the mutualized and minimum safe
level contribution rates included in such rate.
(h) If any of the increased contribution rates of division
(D)(B)(6)(c), (d), (e), or (f) of this section are imposed,
the rate
shall remain in effect for the calendar year in which it is
imposed and for each calendar year thereafter until the
administrator determines as of the computation date for calendar
year 1991 and as of the computation date for any calendar year
thereafter pursuant to this section, that the level of the
unemployment compensation fund equals or exceeds the minimum safe
level as defined in division (D)(B)(4)(b) of this section.
Nothing
in division (D)(B)(6)(h) of this section shall be construed as
restricting the imposition of the increased contribution rates
provided in divisions (D)(B)(6)(c), (d), (e), and (f) of this
section if the fund falls below the percentage of the minimum
safe level as specified in those divisions.
(7) The additional contributions required by division
(D)(B)(5) of this section shall be credited to the mutualized
account. The additional contributions required by division
(D)(B)(6) of this section shall be credited fifty per cent to
individual employer accounts and fifty per cent to the mutualized
account.
(E)(C) If an employer makes a payment of contributions which
is less than the full amount required by divisions (C)(A) and
(D)(B) of
this section, such partial payment shall be applied first against
the mutualized contributions required under division (D)(B) of
this
section, including the additional contributions required under
division (D)(B)(6) of this section. Any remaining partial
payment
shall be credited to the employer's individual account.
(F)(D) Whenever there are any increases in contributions
resulting from an increase in wages subject to contributions as
defined in division (G) of section 4141.01 of the Revised Code,
or from an increase in the mutualized rate of contributions
provided in division (D)(B) of this section, or from a
revision of
the contribution rate schedule provided in division (C)(A) of
this
section, except for that portion of the increase attributable to
a change in the positive or negative balance in an employer's
account, which increases become effective after a contract for
the construction of real property, as defined in section 5701.02
of the Revised Code, has been entered into, the contractee upon
written notice by a prime contractor shall reimburse the
contractor for all increased contributions paid by the prime
contractor or by subcontractors upon wages for services performed
under the contract. Upon reimbursement by the contractee to the
prime contractor, the prime contractor shall reimburse each
subcontractor for the increased contributions.
(G)(E) Effective only for the contribution period beginning
on January 1, 1996, and ending on December 31, 1996, mutualized contributions
collected or received by the administrator pursuant to division
(D)(B)(5) of this
section and amounts credited to the mutualized account pursuant to division
(D)(B)(7) of this section shall be deposited into or credited
to the
unemployment compensation benefit reserve fund that is created
under division (H)(F) of this section, except that amounts
collected, received, or
credited in excess of two hundred million dollars shall be
deposited into or credited to the unemployment trust fund established pursuant
to section
4141.09 of the Revised Code.
(H)(F) The state unemployment compensation benefit
reserve fund is hereby created as a trust fund in the custody of the
treasurer of state and shall not be part of the state treasury. The
fund shall consist
of all moneys collected or received as mutualized contributions pursuant to
division (D)(B)(5) of this section and amounts credited to the
mutualized account pursuant to division (D)(B)(7) of this
section as
provided by division (G)(E) of this section. All moneys in
the fund
shall be used solely to pay unemployment compensation benefits in
the event that funds are no longer available for that purpose from the
unemployment trust fund established pursuant to section 4141.09 of the Revised
Code.
(I)(G) The balance in the unemployment compensation benefit
reserve
fund remaining at the end of the contribution period beginning
January 1, 2000, and any mutualized contribution amounts
for the contribution period beginning on January 1, 1996, that may be
received after December 31, 2000, shall be deposited into the
unemployment trust fund established pursuant to section 4141.09 of the Revised
Code. Income
earned on moneys in the state unemployment compensation benefit reserve fund
shall be available for use by the administrator of the bureau of employment
services only for the purposes described in division (K)(I) of
this section, and shall not be used for any other purpose.
(J)(H) The unemployment compensation benefit reserve fund
balance
shall be added to the unemployment trust fund balance in determining the
minimum safe level tax to be imposed pursuant to division
(D)(B) of this
section and shall be included in the mutualized account balance for the
purpose of determining the mutualized contribution rate pursuant to division
(D)(B)(5) of this section.
(K)(I) All income earned on moneys in the unemployment
compensation
benefit reserve fund from the investment of the fund by the treasurer of state
shall accrue to the bureau of employment services automation administration
fund, which is hereby established in the state
treasury. Moneys within the
automation administration fund shall be used
to meet the costs related to automation of the bureau and the administrative
costs related to collecting and accounting for unemployment
compensation benefit reserve fund revenue. Any funds remaining in the
automation administration fund upon completion of the
bureau's automation projects that are funded by that fund shall be deposited
into the unemployment trust fund established pursuant to section 4141.09 of
the Revised Code.
(L)(J) The administrator shall prepare and submit monthly
reports to
the unemployment compensation advisory commission with respect to the status
of efforts to collect and account for unemployment compensation benefit
reserve fund revenue and the costs related to collecting and accounting for
that revenue. The administrator shall obtain approval from the unemployment
compensation advisory commission for
expenditure of funds from the bureau of employment services automation
administration fund. Funds may be approved for
expenditure for purposes set forth in division (K)(I) of this
section only to the extent that
federal or other funds are not available.
Sec. 4141.26. (A) As soon as practicable after the first
day of September but not later than the first day of December of
each year, the administrator of the bureau of employment services
shall notify each employer of the employer's contribution
rate as determined for the next ensuing contribution period pursuant to
section 4141.25 of the Revised Code provided the employer has furnished
the bureau of employment services, by the first day of September
following the computation date, with the wage information for all
past periods necessary for the computation of the contribution
rate.
(B)(1) In the case of contribution rates applicable to
contribution periods beginning on or before December 31, 1992, if
the employer has not furnished the necessary wage information,
the employer's contribution rate for such contribution
period shall be the
maximum rate provided in such section, except that, if the
employer files the necessary wage information by the end of the
thirtieth day following the issuance of the maximum rate notice,
the employer's rate then shall be computed as provided in section
4141.25 of the Revised Code.
(2) In the case of contribution rates applicable to
contribution periods beginning on or after January 1, 1993, and
before January 1, 1995, if the employer has not furnished the
necessary wage information, the employer's contribution rate
for such contribution period shall not be computed as provided in section
4141.25 of the Revised Code, but instead shall be assigned at the
maximum rate provided in that section, with the following
exceptions:
(a) If the employer files the necessary wage information
by December thirty-first of the year immediately preceding the
contribution period for which the rate is to be effective, the
employer's rate then shall be computed as provided in division
(C)(A) of section 4141.25 of the Revised Code.
(b) The administrator may waive the maximum contribution
rate assigned pursuant to division (B)(2) of this section if the
employer meets all of the following conditions within thirty days
after the administrator mails the notice of the maximum
contribution rate assigned pursuant to division (B)(2) of this
section:
(i) Provides to the administrator a written request for
waiver of the maximum contribution rate, clearly demonstrating
that failure to timely furnish the wage information as required
by division (A) of this section was a result of circumstances
beyond the control of the employer or the employer's agent,
except that negligence on the part of the employer shall not be considered
beyond the control of the employer or the employer's agent;
(ii) Furnishes to the administrator all of the wage
information as required by division (A) of this section and all
quarterly reports due pursuant to section 4141.20 of the Revised
Code;
(iii) Pays in full all contributions, payments in lieu of
contributions, interest, forfeiture, and fines for each quarter
for which such payments are due.
(3) In the case of contribution rates applicable to
contribution periods beginning on or after January 1, 1995, if
the employer has not timely furnished the necessary wage information as
required by division (A) of this section, the employer's contribution rate for
such contribution period shall not be computed as provided in section 4141.25
of the Revised Code, but instead shall be assigned a contribution rate equal
to one hundred twenty-five per cent of the maximum rate provided in that
section, with the following exceptions:
(a) If the employer files the necessary wage information
by the thirty-first day of December of the year immediately
preceding the contribution period for which the rate is to be
effective, the employer's rate shall be computed as provided in
division (C)(A) of section 4141.25 of the Revised Code;
(b) The administrator may waive the contribution rate
assigned pursuant to division (B)(3) of this section if the
employer meets all of the following conditions within thirty days
after the administrator mails to the employer the notice of the
contribution rate assigned pursuant to division (B)(3) of this
section:
(i) Provides to the administrator a written request for
waiver of the contribution rate, clearly demonstrating that the
failure to timely furnish the wage information as required by
division (A) of this section was a result of circumstances beyond
the control of the employer or the employer's agent, except
that negligence on the part of the employer shall not be considered to be
beyond the control of the employer or the employer's agent;
(ii) Furnishes to the administrator all of the wage
information as required by division (A) of this section and all
quarterly reports due pursuant to section 4141.20 of the Revised
Code;
(iii) Pays in full all contributions, payments in lieu of
contributions, interest, forfeiture, and fines for each quarter
for which such payments are due.
(c) The administrator shall revise the contribution rate
of an employer who has not timely furnished the necessary wage
information as required by division (A) of this section, who has
been assigned a contribution rate pursuant to division (B)(3) of
this section, and who does not meet the requirements of division
(B)(3)(a) or (b) of this section, if the employer furnishes the
necessary wage information to the administrator within thirty-six
months following the thirty-first day of December of the year
immediately preceding the contribution period for which the rate
is to be effective. The revised rate under division (B)(3)(c) of
this section shall be equal to one hundred twenty per cent of the
contribution rate that would have resulted if the employer had
timely furnished the necessary wage information under division
(A) of this section.
(4) The administrator shall deny an employer's request for
a waiver of the requirement that the employer's contribution rate
be the maximum rate under division (B)(2)(b) of this section, or
be the rate assigned under division (B)(3)(b) of this section, or
for a revision of the employer's rate as provided in
division (B)(3)(c) of this section if the administrator finds
that the employer's failure to timely file the necessary wage information was
due to an attempt to evade payment.
(5) The administrator shall round the contribution rates
the administrator determines under this division to the
nearest tenth of one per cent.
(C) If, as a result of the computation pursuant to
division (B) of this section, the employer's account shows a
negative balance in excess of the applicable limitations, in that
computation, the excess above applicable limitations shall not be
transferred from the account as provided in division (A)(2) of
section 4141.24 of the Revised Code.
(D) The rate determined pursuant to this section and
section 4141.25 of the Revised Code shall become binding upon the
employer unless:
(1) The employer makes a voluntary contribution as provided
in division (B) of section 4141.24 of the Revised Code, whereupon
the administrator shall issue the employer a revised contribution rate
notice if the contribution changes the employer's rate; or
(2) Within thirty days after the mailing of notice of the
employer's rate or a revision of it to the employer's last
known address or, in the absence of mailing of such notice, within thirty days
after the delivery of such notice, the employer files an
application with the administrator for reconsideration of the
administrator's determination of such rate setting forth reasons
for such request. The administrator shall promptly
examine the application for reconsideration and shall notify the
employer of the administrator's reconsidered decision, which
shall become final unless, within thirty days after the mailing of such notice
by certified mail, return receipt requested, the employer files an
application for review of such decision with the unemployment compensation
review commission. The commission shall promptly examine the application for
review of the administrator's decision and shall grant such
employer an opportunity for a fair hearing. The proceeding at
the hearing before the commission shall be recorded in the means and
manner prescribed by the commission. For the purposes of this
division, the review is considered timely filed when it has been
received as provided in division (I)(2) of section 4141.28 of the
Revised Code.
The employer and the administrator shall be promptly notified of the
commission's decision, which shall become final
unless, within thirty days after the mailing of notice of it to
the employer's last known address by certified mail, return
receipt requested, or, in the absence of mailing, within thirty
days after delivery of such notice, an appeal is taken by the
employer or the administrator to the court of common pleas of
Franklin county. Such appeal shall be taken by the employer or
the administrator by filing a notice of appeal with the clerk of
such court and with the commission. Such notice of appeal
shall set forth the decision appealed and the errors in it complained of.
Proof of the filing of such notice with the commission shall be filed with the
clerk of such court.
The commission, upon written demand filed by the appellant
and within thirty days after the filing of such demand, shall file
with the clerk a certified transcript of the record of the
proceedings before the commission pertaining to the determination or
order complained of, and the appeal shall be heard upon such
record certified to the commission. In such appeal, no additional
evidence shall be received by the court, but the court may order
additional evidence to be taken before the commission, and
the commission, after hearing such additional evidence, shall certify such
additional evidence to the court or it may modify its
determination and file such modified determination, together with
the transcript of the additional record, with the court. After
an appeal has been filed in the court, the commission, by petition,
may be made a party to such appeal. Such appeal shall be given
precedence over other civil cases. The court may affirm the
determination or order complained of in the appeal if it finds,
upon consideration of the entire record, that the determination
or order is supported by reliable, probative, and substantial
evidence and is in accordance with law. In the absence of such a
finding, it may reverse, vacate, or modify the determination or
order or make such other ruling as is supported by reliable,
probative, and substantial evidence and is in accordance with
law. The judgment of the court shall be final and conclusive
unless reversed, vacated, or modified on appeal. An appeal may
be taken from the decision of the court of common pleas of
Franklin county.
(E) The appeal provisions of division (D) of this section
apply to all other determinations and orders of the administrator
affecting the liability of an employer to pay contributions or
the amount of such contributions, determinations respecting
application for refunds of contributions, determinations
respecting applications for classification of employment as
seasonal under section 4141.33 of the Revised Code, and
exceptions to charges of benefits to an employer's account as
provided in division (D) of section 4141.24 of the Revised Code.
(F) The validity of any general order or rule of the
administrator adopted pursuant to this chapter or of any final order or action
of the unemployment compensation review commission respecting any such general
order or rule may be determined by the court of common pleas of Franklin
county, and such general order, rule, or action may be sustained
or set aside by the court on an appeal to it which may be taken
by any person affected by the order, rule, or action in the
manner provided by law. Such appeal to the court of common pleas
of Franklin county shall be filed within thirty days after the
date such general order, rule, or action was publicly released by
the administrator or the commission. Either party to such action may appeal
from the court of common pleas of Franklin county as in
ordinary civil cases.
(G) Notwithstanding any determination made in pursuance of
sections 4141.23 to 4141.26 of the Revised Code, no individual
who files a claim for benefits shall be denied the right to a
fair hearing as provided in section 4141.28 of the Revised Code,
or the right to have a claim determined on the merits of it.
(H)(1) Notwithstanding division (D) of this section, if
the administrator finds that an omission or error in bureau
records or employer reporting caused the administrator to issue
an erroneous determination or order affecting contribution rates,
the liability of an employer to pay contributions or the amount
of such contributions, determinations respecting applications for
refunds of contributions, determinations respecting applications
for classification of employment as seasonal STATUS under
section
4141.33 of the Revised Code, or exceptions to charges of benefits
to an employer's account as provided in division (D) of section
4141.24 of the Revised Code, the administrator may issue a
corrected determination or order correcting the erroneous
determination or order, except as provided in division (H)(2) of
this section.
(2) The administrator may not issue a corrected
determination or order correcting an erroneous determination or
order if both of the following apply:
(a) The erroneous determination or order was caused solely
by an omission or error of the bureau;
(b) A correction of the erroneous determination or order
would adversely affect the employer or any of the employers that
were parties in interest to the erroneous determination or order.
A corrected determination or order issued under this
division takes precedence over and renders void the erroneous
determination or order and is appealable as provided in division
(D) of this section.
Sec. 4141.28. (A) Applications for determination of
benefit rights and claims for benefits shall be filed with a
deputy of the administrator of the bureau of employment services
designated for the purpose. Such applications and claims may
also be filed with an employee of another state or federal agency
CHARGED WITH THE DUTY OF ACCEPTING APPLICATIONS AND CLAIMS FOR UNEMPLOYMENT
BENEFITS or with an employee of the unemployment insurance commission of
Canada, charged with the duty of accepting applications and
claims for unemployment benefits.
When a former employee of a state agency, board, or
commission that has terminated its operations files an
application under this division, the former employee shall give
notice that the agency, board, or commission has terminated its
operations. All notices or information required to be sent under
this chapter to or furnished by the applicant's employer shall be
sent to or furnished by the director of administrative services.
(B)(1) When an unemployed individual files an application
for determination of benefit rights, the administrator shall
furnish the individual with the information specified in
division (A) of section 4141.321 of the Revised Code and with a
pamphlet giving instructions for
the steps an applicant may take if the applicant's claim for
benefits is
disallowed. The pamphlet shall state the applicant's right of
appeal, clearly describe the different levels of appeal, and
explain where and when each appeal must be filed. In filing an
application, the individual shall, for the individual's most recent
employment, furnish the administrator with either:
(a) The information furnished by the employer as provided
for in division (B)(2) of this section;
(b) The name and address of the employer for whom the individual
performed services and the individual's written statement of the
reason for separation from the employer.
Where the claimant has furnished information in accordance
with division (B)(1)(b) of this section, the administrator shall
promptly send a notice in writing that such filing has been made
to the individual's most recent SEPARATING employer, which notice shall
request from the employer the reason for the individual's unemployment.
The
notice shall inform such employer of the employer's right, upon
request, to
be present at a fact-finding interview conducted prior to the
making of any determination under that division. Upon receipt of
any request, the claimant and the employer making the request
shall have at least three days' prior notice of the time and
place of the fact-finding interview. In the conduct of the
interview, the administrator is not bound by rules of evidence or
of procedure for the conduct of hearings. The administrator ALSO
may request from any base period employer information necessary for
the determination of the applicant's CLAIMANT'S rights to
benefits. Information as to
the reason for unemployment preceding an additional
claim shall be obtained in the same manner. Requests for such
information shall be stamped DATED by the administrator with the
date on which they are mailed. If the employer fails to mail or
deliver such information within ten working days from the date
the administrator mailed and date stamped DATED such request,
and if
necessary to assure prompt payment of benefits when due, the
administrator shall make the determination, and shall base
the determination on such information as is available to the
administrator, which shall include the applicant's CLAIMANT'S
statement made under division
(B)(1)(b) of this section. The determination, as it relates to
the claimant's determination of benefit rights, shall be amended
upon receipt of correct remuneration information at any time
within the benefit year and any benefits paid and charged to an
employer's account prior to the receipt of such information shall
be adjusted, effective as of the beginning of the claimant's
benefit year.
(2) An employer who separates within any seven-day period
fifty or more individuals because of lack of work, and these
individuals upon separation will be unemployed as defined in
division (R) of section 4141.01 of the Revised Code, shall
furnish notice to the administrator of the dates of separation
and the approximate number of individuals being separated. The
notice shall be furnished at least three working days prior to
the date of the first day of such separations. In addition, at
the time of separation the employer shall furnish to the
individual being separated or to the administrator separation
information necessary to determine the individual's eligibility,
on forms and in a manner approved by the administrator.
An employer who operates multiple business establishments
at which both the effective authority for hiring and separation
of employees and payroll information is located and who, because
of lack of work, separates a total of fifty or more individuals
at two or more business establishments is exempt from the first
paragraph of division (B)(2) of this section. This paragraph
shall not be construed to relieve an employer who operates
multiple business establishments from complying with division
(B)(2) of this section where the employer separates fifty or more
individuals at any business establishment within a seven-day
period.
An employer of individuals engaged in connection with the
commercial canning or commercial freezing of fruits and
vegetables is exempt from the provision of division (B)(2) of
this section that requires an employer to furnish notice of
separation at least three working days prior to the date of the
first day of such separations.
(3) Where an individual at the time of filing an
application for determination of benefit rights furnishes
separation information provided by the employer or where the
employer has provided the administrator with the information in
accordance with division (B)(2) of this section, the
administrator shall make a determination of eligibility on the
basis of the information furnished. The administrator shall
promptly notify all interested parties under division (D)(1) of
this section of the determination.
(4) Where an employer has furnished separation information
under division (B)(2) of this section which is insufficient to
enable the administrator to make a determination of a claim for
benefits of an individual, or where the individual fails at the
time of filing an application for determination of benefit rights
to produce the separation information furnished by an employer,
the administrator shall follow the provisions specified in
division (B)(1) of this section.
(C) The administrator or the administrator's deputy shall promptly
examine any application for determination of benefit rights filed, and on the
basis of any facts found by the administrator or deputy shall determine
whether or not the application is valid, and if valid, the
date on which the benefit year shall commence and the weekly benefit amount.
The claimant, the most recent employer, and any other
employer in the
claimant's base period shall promptly be notified of the
determination and the reasons therefor. In addition, the
determination issued to the claimant shall include the total
amount of benefits payable, and the determination issued to each
chargeable base period employer shall include the total amount of
benefits which may be charged to the employer's account.
(D)(1) The administrator or the administrator's deputy shall
examine the first claim for benefits filed in any benefit year, and any
additional claim, and on the basis of any facts found by the
administrator or deputy shall determine whether division (D) of section
4141.29 of the Revised Code is applicable to the claimant's most recent
separation and, to the extent necessary, prior separations from
work, and whether the separation reason is qualifying or
disqualifying for the ensuing period of unemployment. Notice of
such determination shall be mailed to the claimant, the
claimant's most recent SEPARATING employer, and any other employer
involved in the determination.
(a) Whenever the administrator has reason to believe that
the unemployment of twenty-five or more individuals relates to a
labor dispute, the administrator shall, within five calendar days
after their claims are filed, SHALL schedule a hearing concerning the
reason for unemployment. Notice of the hearing shall be sent to
all interested parties, including the duly authorized
representative of the parties, as provided in division (D)(1) of
this section. The hearing date shall be scheduled so as to
provide at least ten days' prior notice of the time and date of
the hearing. A similar hearing, in such cases, may be scheduled
when there is a dispute as to the duration or ending date of the
labor dispute.
(b) The administrator shall appoint a hearing officer to
conduct the hearing of the case under division (D)(1)(a) of this
section. The hearing officer is not bound by common law or
statutory rules of evidence or by technical or formal rules of
procedure, but shall take any steps that are reasonable and
necessary to obtain the facts and determine whether the claimants
are entitled to benefits under the law. The failure of any
interested party to appear at the hearing shall not preclude a
decision based upon all the facts available to the hearing
officer. The proceeding at the hearing shall be recorded by
mechanical means or by other means prescribed by the
administrator. The record need not be transcribed unless an
application for appeal is filed on the decision and the
chairperson of the unemployment compensation
review commission requests a transcript of the hearing
within fourteen days after the application for appeal is received by the
commission. The administrator shall prescribe rules
concerning
the conduct of the hearings and all related matters and appoint
an attorney to direct the operation of this function.
(c) The administrator shall issue the hearing officer's
decisions and reasons therefor on the case within ten calendar
days after the hearing. The hearing officer's decision issued by
the administrator is final unless an application for appeal is
filed with the review commission within twenty-one days
after the
decision was mailed to all interested parties. The administrator
may, within the twenty-one-day appeal period, MAY remove and
vacate
the decision and issue a revised determination and appeal date.
(d) Upon receipt of the application for appeal, the full
review commission shall review the administrator's
decision and
either schedule a further hearing on the case or disallow the
application. The review commission shall review the
administrator's decision within fourteen days after receipt of
the decision or the receipt of a transcript requested under
division (D)(1)(b) of this section, whichever is later.
(i) When a further hearing is granted, the commission
shall
make the administrator's decision and record of the case, as
certified by the administrator, a part of the record and shall
consider the administrator's decision and record in arriving at a
decision on the case. The commission's decision
affirming, modifying,
or reversing the administrator's decision, following the further
appeal, shall be mailed to all interested parties within fourteen
days after the hearing.
(ii) A decision of the disallowance of a further appeal
shall be mailed to all interested parties within fourteen days
after the commission makes the decision to disallow. The
disallowance
is deemed an affirmation of the administrator's decision.
(iii) The time limits specified in divisions (D)(1)(a),
(b), (c), and (d) of this section may be extended by agreement of
all interested parties or for cause beyond the control of the
administrator or the commission.
(e) An appeal of the commission's decision issued under
division (D)(1)(d) of this section may be taken to the court of
common pleas as provided in division (O) of this section.
(f) A labor dispute decision involving fewer than
twenty-five individuals shall be determined under division (D)(1)
of this section and the review commission shall
determine any
appeal from the decision pursuant to division (M) of this section
and within the time limits provided in division (D)(1)(d) of this
section.
(2) The administrator or the administrator's deputy shall also
examine
each continued claim for benefits filed, and on the basis of any
facts found by the administrator or the administrator's deputy shall determine
whether such claim shall be
allowed.
(a) The determination of a first or additional claim,
including the reasons therefor, shall be mailed to the claimant,
the claimant's most recent SEPARATING employer, and any other employer
involved in the determination.
(b) When the determination of a continued claim results in
a disallowed claim, the administrator shall notify the claimant
of such disallowance and the reasons therefor.
(3) Where the claim for benefits is directly attributable
to unemployment caused by a major disaster, as declared by the
president of the United States pursuant to the "Disaster Relief
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual
filing the claim would otherwise have been eligible for disaster
unemployment assistance under that act, then upon application by
the employer any benefits paid on the claim shall not be charged
to the account of the employer who would have been charged on
such claim but instead shall be charged to the mutualized account
described in section 4141.25 of the Revised Code, provided that
this division is not applicable to an employer electing
reimbursing status under section 4141.241 of the Revised Code,
except reimbursing employers for whom benefit charges are charged
to the mutualized account pursuant to division (C)(D)(2) of
section
4141.33 4121.24 of the Revised Code.
(4)(a) An individual filing a new claim for unemployment
compensation shall disclose, at the time of filing, whether or
not the individual owes child support obligations. In such a
case, the administrator shall notify the state or local child
support enforcement agency enforcing the obligation only if the
claimant has been determined to be eligible for unemployment
compensation.
(b) The administrator shall deduct and withhold from
unemployment compensation payable to an individual who owes child
support obligations:
(i) Any amount required to be deducted and withheld from
the unemployment compensation pursuant to legal process, as that
term is defined in section 462(e) of the "Social Security Act,"
88 Stat. 2351, 42 U.S.C. 654, as amended, and properly served
upon the administrator, as described in division (D)(4)(c) of
this section; or
(ii) Where division (D)(4)(b)(i) of this section is
inapplicable, in the amount determined pursuant to an agreement
submitted to the administrator under section 454(20)(19)(B)(i)
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,
by the state or local child support enforcement agency; or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this
section is applicable, then in the amount specified by the
individual.
(c) The state department of human services ADMINISTRATOR shall
be designated to receive all legal process described in division
(D)(4)(b)(i) of this section from each local child support
enforcement agency, which legal process was received by the
agency under section 2301.371 of the Revised Code or otherwise
was received by the agency. The processing of cases under part D
of Title IV of the "Social Security Act," 88 Stat. 2351 (1975),
42 U.S.C.A. 651, as amended, shall be determined pursuant to
agreement between the administrator and the state department of
human services. The department shall pay, pursuant to that
agreement, all of the costs of the bureau of employment services
that are associated with a deduction and withholding under
division (D)(4)(b)(i) AND (ii) of this section.
(d) The amount of unemployment compensation subject to
being withheld pursuant to division (D)(4)(b) of this section is
that amount which remains payable to the individual after
application of any recoupment provisions for recovery of
overpayments and after deductions which have been made under this
chapter for deductible income received by the individual.
(e) Any amount deducted and withheld under division
(D)(4)(b) of this section shall be paid to the appropriate state
or local child support enforcement agency in the following
manner:
(i) The administrator shall determine the amounts that are
to be deducted and withheld on a per county basis.
(ii) For each county, the administrator shall forward to
the local child support enforcement agency of the county, at
intervals to be determined pursuant to the agreement referred to
in division (D)(4)(c) of this section, the amount determined for
that county under division (D)(4)(e)(i) of this section for
disbursement to the obligees or assignees of such support
obligations.
(f) Any amount deducted and withheld under division
(D)(4)(b) of this section shall for all purposes be treated as if
it were paid to the individual as unemployment compensation and
paid by the individual to the state or local child support agency
in satisfaction of the individual's child support obligations.
(g) Division (D)(4) of this section applies only if
appropriate arrangements have been made for reimbursement by the
state or local child support enforcement agency for the
administrative costs incurred by the administrator under this
section which are associated with or attributable to child
support obligations being enforced by the state or local child
support enforcement agency.
(h) As used in division (D)(4) of this section:
(i) "Child support obligations" means only obligations
which are being enforced pursuant to a plan described in section
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,
as amended, which has been approved by the United States
secretary of health and human services under part D of Title IV
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as
amended.
(ii) "State child support enforcement agency" means the
department of human services, bureau of child support, designated
as the single state agency for the administration of the program
of child support enforcement pursuant to part D of Title IV of
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as
amended.
(iii) "Local child support enforcement agency" means the
child support enforcement agency designated pursuant to section
2301.35 of the Revised Code or any other agency of a political
subdivision of the state operating pursuant to a plan mentioned
in division (D)(4)(h)(i) of this section.
(iv) "Unemployment compensation" means any compensation
payable under this chapter including amounts payable by the
administrator pursuant to an agreement under any federal law
providing for compensation, assistance, or allowances with
respect to unemployment.
(E)(1) Any base period or subsequent employer of a
claimant who has knowledge of specific facts affecting such
claimant's right to receive benefits for any week may notify the
administrator in writing of such facts. The administrator shall
prescribe a form to be used for such eligibility notice, but
failure to use the prescribed form shall not preclude the
administrator's examination of any notice.
(2) An eligibility notice is timely filed if received by
the administrator or the administrator's deputy or
postmarked prior to or within forty-five calendar days after the end of the
week with respect to which a claim for benefits is filed by the
claimant. An employer who does not timely file an
eligibility notice shall not be an interested party with respect
to the claim for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall consider the
information contained in the eligibility notice, together with
other facts found by the administrator or the administrator's deputy
and, after giving notice to the notifying employer, if the employer timely
filed the eligibility notice, and to the claimant, and other
interested parties and informing them of their right to be
present at a predetermination fact-finding interview, shall determine,
unless a prior determination on the same eligibility issue has
become final, whether such claim shall be allowed OR DISALLOWED, and
shall mail notice of
such determination to the notifying employer who
timely filed the eligibility notice, to the
claimant, and to other interested parties. If the
determination disallows benefits for any week in question, the
payment of benefits with respect to that week
shall be withheld pending further appeal, or an
overpayment order shall be issued by the administrator as
prescribed in section 4141.35 of the Revised Code, if
applicable.
(F) In making determinations on applications for
determination of benefit rights and claims for benefits, the
administrator and the administrator's deputy shall follow decisions
of the unemployment compensation review commission which have
become final with respect to claimants similarly situated.
(G)(1) Any UNTIL OCTOBER 1, 1998, ANY interested
party notified of a determination of
an application for determination of benefit rights or a claim for
benefits may, within twenty-one calendar days after the notice
was mailed to the party's last known post-office address, apply in
writing for a reconsideration of the administrator's or deputy's
determination.
ON AND AFTER OCTOBER 1,
1998, ANY PARTY NOTIFIED OF A DETERMINATION MAY APPEAL WITHIN
TWENTY-ONE CALENDAR DAYS AFTER NOTICE WAS MAILED TO THE PARTY'S
LAST KNOWN POST-OFFICE ADDRESS OR WITHIN AN EXTENDED PERIOD
PURSUANT TO DIVISION (Q) OF
THIS SECTION. UPON RECEIPT OF THE APPEAL, THE ADMINISTRATOR
EITHER SHALL ISSUE A REDETERMINATION WITHIN TWENTY-ONE DAYS OF
RECEIPT OR TRANSFER THE APPEAL TO THE COMMISSION, WHICH SHALL
ACQUIRE JURISDICTION OVER THE APPEAL. IF THE ADMINISTRATOR
ISSUES A REDETERMINATION, THE REDETERMINATION SHALL VOID THE
PRIOR DETERMINATION. A REDETERMINATION UNDER THIS SECTION IS
APPEALABLE TO THE SAME EXTENT THAT A DETERMINATION IS
APPEALABLE.
(2) Unless an application for reconsideration is filed
within the twenty-one-day period, or within an extended period
pursuant to division (R) of this section, such determination of
the administrator or deputy is final, except that upon discovery,
within the benefit year, of IF THE ADMINISTRATOR FINDS WITHIN THE
BENEFIT YEAR THAT THE DETERMINATION WAS ERRONEOUS DUE TO an error in an
employer's report
other than a report to correct remuneration information as
provided in division (B) of this section or any typographical or
clerical error in the administrator's determination or a decision
on reconsideration, the administrator or the administrator's deputy
shall issue a
corrected determination or decision to all interested parties,
which determination or decision shall take precedence over and
void the prior determination or decision of the administrator or the
administrator's deputy, provided no appeal has
been filed with the commission. If a request for
reconsideration is
filed within the twenty-one-day period, the administrator shall
promptly consider such request and, after giving notice to the
interested parties and informing them of their right to be
present at a predetermination fact-finding interview, conducted
as described in division (B) of this section, shall issue the decision to the
interested parties; except that, if in the administrator's
judgment the issues are such as to require a hearing, the
administrator may refer any request for reconsideration to the
commission as an appeal.
(3) If benefits are allowed by the administrator in the initial
A determination or the decision on reconsideration, or in a
decision by a referee HEARING OFFICER, the review commission, or
a court, the benefits shall be paid promptly, notwithstanding any further
appeal, provided that if benefits are denied upon reconsideration
or ON appeal, of which the parties have notice and an opportunity
to
be heard, the payment of benefits shall be withheld pending a
decision on any further appeal.
(4) Any benefits paid to a claimant under this section
prior to a final determination of the claimant's right to the
benefits shall
be charged to the employer's account as provided in division (D)
of section 4141.24 of the Revised Code, provided that if there is
no final determination of the claim by the subsequent thirtieth
day of June, the employer's account will be credited with the
total amount of benefits which has been paid prior to that date,
based on the determination which has not become final. The total
amount credited to the employer's account shall be charged to a
suspense account which shall be maintained as a separate
bookkeeping account and administered as a part of section 4141.24
of the Revised Code, and shall not be used in determining the
account balance of the employer for the purpose of computing the employer's
contribution rate under section 4141.25 of the Revised Code. If
it is finally determined that the claimant is entitled to all or
a part of the benefits in dispute, the suspense account shall be
credited and the appropriate employer's account charged with the
benefits. If it is finally determined that the claimant is not
entitled to all or any portion of the benefits in dispute, the
benefits shall be credited to the suspense account and a
corresponding charge made to the mutualized account established
in division (D) of section 4141.25 of the Revised Code, provided
that, except as otherwise provided in this division, if benefits
are chargeable to an employer or group of employers who is
required or elects to make payments to the fund in lieu of
contributions under section 4141.241 of the Revised Code, the
benefits shall be charged to the employer's account in the manner
provided in division (D) of section 4141.24 and division (B) of
section 4141.241 of the Revised Code, and no part of the benefits
may be charged to the suspense account provided in this division. To the
extent that benefits which have been paid to a claimant
and charged to the employer's account are found not to be due the
claimant and are recovered by the administrator as provided in
section 4141.35 of the Revised Code, they shall be credited to
the employer's account.
(H) Any UNTIL OCTOBER 1, 1998, ANY interested party
may appeal the administrator's
decision on reconsideration to the commission and unless
an appeal is
filed from such decision on reconsideration with the
commission within
twenty-one calendar days after such decision was mailed to the
last known post-office address of the appellant, or within an
extended period pursuant to division (R)(Q) of this section,
such decision on reconsideration is final and benefits shall be paid
or denied in accordance therewith. THE DATE OF THE MAILING PROVIDED BY THE
ADMINISTRATOR ON
DETERMINATION OR DECISION ON RECONSIDERATION IS SUFFICIENT EVIDENCE UPON
WHICH TO CONCLUDE THAT THE DETERMINATION OR DECISION ON RECONSIDERATION WAS
MAILED ON THAT DATE.
ON AND AFTER OCTOBER 1,
1998, THE DATE OF THE MAILING PROVIDED BY THE ADMINISTRATOR ON
THE DETERMINATION OR REDETERMINATION IS SUFFICIENT EVIDENCE UPON
WHICH TO CONCLUDE THAT THE DETERMINATION OR REDETERMINATION WAS MAILED ON THAT
DATE.
(I) Requests for reconsideration, appeals, or applications
for further appeals APPEALS may be filed with the
ADMINISTRATOR, commission, with the
administrator or one of the administrator's deputies, with an
employee of another
state or federal agency CHARGED WITH THE DUTY OF ACCEPTING CLAIMS, or
with an employee of the unemployment
insurance commission of Canada charged with the duty of accepting
claims.
(1) Any timely written notice stating that the interested
party desires a review of the previous determination or decision
and the reasons therefor, TO APPEAL shall be accepted.
(2) The administrator, commission, or authorized agent must
receive the request, appeal, or application within the specified
appeal period in order for the request, appeal, or application
to be deemed timely filed, except that:
(a) If the United States postal service is used as the
means of delivery, the enclosing envelope must have a postmark
date, as governed by United States postal regulations, that is on
or before the last day of the specified appeal period; and
(b) Where the postmark date is illegible or missing, the
request, appeal, or application is timely filed if received no
later than the end of the third calendar day following the last
day of the specified appeal period.
(3) THE ADMINISTRATOR MAY ADOPT RULES PERTAINING TO ALTERNATE
METHODS OF FILING APPEALS.
(J) When an appeal from a decision on reconsideration
DETERMINATION of
the administrator or deputy is taken TO THE COMMISSION AT THE
HEARING OFFICER LEVEL, all
interested parties
shall be notified and the commission or a referee shall,
after
affording such parties reasonable opportunity for a fair hearing,
SHALL affirm, modify, or reverse the findings of fact and the
decision DETERMINATION
of the administrator or deputy in the manner which THAT
appears just and proper. HOWEVER, THE COMMISSION MAY REFER A CASE TO THE
ADMINISTRATOR FOR A REDETERMINATION IF THE COMMISSION DECIDES THAT THE CASE
DOES NOT REQUIRE A HEARING. In the conduct of such A
hearing BY A HEARING OFFICER or any
other hearing
on appeal to the commission which is provided in this
section, the
commission and the referees HEARING OFFICERS are not bound
by
common law or
statutory rules of evidence or by technical or formal rules of procedure. The
commission and the referees HEARING OFFICERS shall take any
steps in
the hearings,
consistent with the impartial discharge of their duties, which
appear reasonable and necessary to ascertain the facts and
determine whether the claimant is entitled to benefits under the
law. For the purpose of any hearing on appeal which is provided
in this section, the file of the administrator pertaining to the
case shall be certified by the administrator and shall
automatically become a part of the record in the appeal hearing.
All information in the file which pertains to the claim,
including statements made to the administrator or the
administrator's deputy by
the individual claiming benefits or other interested parties,
shall be considered by the commission and the referees in
arriving at
a decision, together with any other information which is produced
at the hearing. The commission and referees HEARINGS SHALL BE
DE NOVO, EXCEPT THAT THE
ADMINISTRATOR'S FILE PERTAINING TO A CASE SHALL BE INCLUDED IN THE RECORD TO
BE CONSIDERED.
THE HEARING OFFICERS may conduct
any such
hearing in person or by telephone. The commission shall
adopt rules
which designate the circumstances under which the
commission or
referees HEARING OFFICERS may conduct a hearing by telephone,
grant a party to the
hearing the opportunity to object to a hearing by telephone, and
govern the conduct of hearings by telephone. An interested party
whose hearing would be by telephone pursuant to the
commission rules
may elect to have an in-person hearing, provided that the party
electing the in-person hearing agrees to have the hearing at the
time and place the commission determines pursuant to rule.
(1) The failure of the claimant or other interested party
to appear at a hearing, unless the claimant or interested party is
the appealing party, shall
not preclude a decision in the claimant's or interested
party's favor, if on the basis of all the
information in the record, including that contained in the file
of the administrator, the claimant or interested party is entitled
to the decision.
(2) If the party appealing fails to appear at the hearing,
the referee or the commission HEARING OFFICER shall dismiss the
appeal,
provided that
the referee HEARING OFFICER or commission shall vacate the
dismissal upon
a showing
that due notice of the hearing was not mailed to such party's
last known address or good cause for the failure to appear is
shown to the referee or the commission within
fourteen
days after the
hearing date. No further appeal from the decision may thereafter
be instituted by such party. If the other party fails to appear
at the hearing, the referee or the commission HEARING OFFICER
shall
proceed with the
hearing and shall issue a decision without further hearing,
provided that the referee or BASED ON THE EVIDENCE OF RECORD, INCLUDING
THE ADMINISTRATOR'S FILE. THE commission shall vacate the
decision upon
a showing that due notice of the hearing was not mailed to such
party's last known address or good cause for such party's
failure to appear is shown to the referee or the
commission within fourteen days
after the hearing date.
(3) Where a party requests that a hearing be scheduled in
the evening because the party is employed during the day, the
commission
or referee shall schedule the hearing during
such hours as the party
is not employed.
(4) THE INTERESTED PARTIES MAY WAIVE,
IN WRITING, THE HEARING. IF THE PARTIES WAIVE THE HEARING, THE
HEARING OFFICER SHALL ISSUE A DECISION BASED ON
THE EVIDENCE OF RECORD, INCLUDING THE ADMINISTRATOR'S
FILE.
(K) The proceedings at the hearing before the referee, or
the commission HEARING OFFICER, shall be recorded by mechanical
means or
otherwise as
may be prescribed by the commission. Unless the claim is
further
appealed, such IN THE ABSENCE OF FURTHER PROCEEDINGS, THE record
of proceedings THAT IS MADE need not be transcribed.
(L) All interested parties shall be notified of the
referee's HEARING OFFICER'S decision, which shall include the
reasons therefor. The referee's HEARING OFFICER'S
decision shall become final unless, within
twenty-one days after the decision was mailed to the last known
post-office address of such parties, or within an extended period
pursuant to division (R)(Q) of this section, the commission
on its own
motion removes or transfers such claim to itself or an
application to institute a further appeal
before the
commission THE REVIEW LEVEL, OR UPON A REQUEST FOR REVIEW THAT is
filed by any AN interested party and such appeal
is allowed by the
commission.
(M) When any claim is removed or transferred to the
commission
on its own motion, or when an application to institute a further
appeal is allowed by the commission, the
commission shall review the
decision of the referee and shall either affirm, modify, or
reverse such decision. Before rendering its decision, the
commission
may remand the case to the referee for further proceedings. When
the commission disallows an application to institute a
further appeal,
or renders its decision affirming, modifying, or reversing the
decision of the referee, all interested parties shall be notified
of such decision or order by mail addressed to the last known
post-office address of such parties. A disallowance by the
commission
of an application for further appeal shall be deemed an
affirmation by the commission of the referee's decision
under appeal IN THE CONDUCT OF A HEARING BY
THE COMMISSION OR A HEARING OFFICER AT THE REVIEW LEVEL, THE COMMISSION AND
THE
HEARING OFFICERS ARE NOT BOUND BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR
BY TECHNICAL OR FORMAL RULES OF PROCEDURE. THE COMMISSION AND THE HEARING
OFFICERS SHALL TAKE ANY STEPS IN THE HEARINGS, CONSISTENT WITH THE IMPARTIAL
DISCHARGE OF THEIR DUTIES, THAT APPEAR REASONABLE AND NECESSARY TO ASCERTAIN
THE FACTS AND DETERMINE WHETHER THE CLAIMANT IS ENTITLED TO BENEFITS UNDER THE
LAW.
(1) THE REVIEW COMMISSION, OR A HEARING OFFICER
DESIGNATED BY THE COMMISSION, SHALL CONSIDER AN APPEAL AT THE
REVIEW LEVEL UNDER THE FOLLOWING CIRCUMSTANCES:
(a) WHEN AN APPEAL IS REQUIRED TO BE
HEARD INITIALLY BY THE COMMISSION PURSUANT TO THIS
CHAPTER;
(b) WHEN THE COMMISSION ON ITS OWN
MOTION REMOVES AN APPEAL WITHIN TWENTY-ONE DAYS AFTER A HEARING
OFFICER ISSUES THE HEARING OFFICER'S DECISION IN THE
CASE;
(c) WHEN A HEARING OFFICER REFERS AN
APPEAL TO THE COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE
HEARING OFFICER ISSUES THE HEARING OFFICER'S DECISION IN THE
CASE;
(d) WHEN AN INTERESTED PARTY FILES A
REQUEST FOR REVIEW WITH THE COMMISSION WITHIN TWENTY-ONE DAYS
AFTER THE DATE A HEARING OFFICER ISSUES THE HEARING OFFICER'S
DECISION IN THE CASE. THE COMMISSION SHALL DISALLOW THE REQUEST
FOR REVIEW IF IT IS NOT TIMELY FILED.
THE COMMISSION MAY REMOVE, AND A HEARING OFFICER MAY
REFER, APPEALS INVOLVING DECISIONS OF POTENTIALLY PRECEDENTIAL
VALUE.
(2) IF A REQUEST FOR REVIEW IS TIMELY FILED, THE
COMMISSION SHALL DECIDE WHETHER TO ALLOW OR DISALLOW
THE REQUEST FOR REVIEW.
IF THE REQUEST FOR REVIEW IS DISALLOWED, THE COMMISSION
SHALL NOTIFY ALL INTERESTED PARTIES OF THAT FACT. THE
DISALLOWANCE OF A REQUEST FOR REVIEW CONSTITUTES A FINAL
DECISION BY THE COMMISSION FOR PURPOSES OF APPEAL TO COURT. IF
THE REQUEST FOR REVIEW IS ALLOWED, THE COMMISSION SHALL NOTIFY
ALL INTERESTED PARTIES OF THAT FACT, AND THE COMMISSION SHALL
PROVIDE A REASONABLE PERIOD OF TIME, AS THE COMMISSION DEFINES
BY RULE, IN WHICH INTERESTED PARTIES MAY FILE A RESPONSE. AFTER THAT
PERIOD OF TIME, THE COMMISSION, BASED ON THE RECORD BEFORE IT,
SHALL DO ONE OF THE FOLLOWING AT THE REVIEW LEVEL:
(a) AFFIRM THE DECISION OF THE
HEARING OFFICER;
(b) ORDER THAT THE CASE BE HEARD OR
REHEARD BY A HEARING OFFICER;
(c) ORDER THAT THE CASE BE HEARD OR
REHEARD BY A HEARING OFFICER AS A POTENTIAL PRECEDENTIAL
DECISION;
(d) ORDER THAT THE DECISION BE
REWRITTEN.
(3) THE COMMISSION SHALL SEND NOTICE TO ALL INTERESTED
PARTIES WHEN IT ORDERS A CASE TO BE HEARD OR REHEARD. THE
NOTICE SHALL INCLUDE THE REASONS FOR THE HEARING OR REHEARING.
IF THE COMMISSION IDENTIFIES AN APPEAL AS A POTENTIALLY
PRECEDENTIAL CASE, THE COMMISSION SHALL NOTIFY THE ADMINISTRATOR
AND OTHER INTERESTED PARTIES OF THE SPECIAL NATURE OF THE
HEARING.
(N) Whenever the administrator and the chairperson of the
review commission determine in writing and certify
jointly that a
controversy exists with respect to the proper application of this
chapter to more than five hundred claimants similarly situated
whose claims are pending before the administrator or the
review commission or both on reconsideration REDETERMINATION or
appeal applied for or
filed
by three or more employers or by such claimants, the
chairperson of
the review commission shall select one such claim which
is
representative of all such claims and assign it for a fair
hearing and decision. Any other claimant or employer in the
group who makes a timely request to participate in the hearing
and decision shall be given a reasonable opportunity to
participate as a party to the proceeding.
Such joint certification by the administrator and the
chairperson of the commission shall constitute a stay of
further
proceedings in the claims of all claimants similarly situated
until the issue or issues in controversy are adjudicated by the
supreme court of Ohio. At the time the decision of the
commission is
issued, the chairperson shall certify the commission's
decision
directly
to the supreme court of Ohio and the chairperson shall file
with the
clerk of the supreme court a certified copy of the transcript of
the proceedings before the commission pertaining to such
decision. Hearings on
such issues shall take precedence over all other
civil cases. If upon hearing and consideration of such record
the court decides that the decision of the commission is
unlawful, the
court shall reverse and vacate the decision or modify it and
enter final judgment in accordance with such modification;
otherwise such court shall affirm such decision. The notice of
the decision of the commission to the interested parties
shall contain
a certification by the chairperson of the commission that
the
decision is
of great public interest and that a certified transcript of the
record of the proceedings before the commission has been
filed with
the clerk of the supreme court as an appeal to the court. Promptly upon the
final judgment of the court, the administrator
and the commission shall decide those claims pending
before them where
the facts are similar and shall notify all interested parties of
such decision and the reason therefor in the manner provided for
in this section. Nothing in this division shall be construed so
as to deny the right of any such claimant, whose claim is pending
before the administrator on reconsideration REDETERMINATION or
before the
commission,
to apply for and be granted an opportunity for a fair hearing to
show that the facts in the claimant's case are different
from the facts in the claim selected as the representative claim as provided
in this division, nor shall any such claimant be denied the right to appeal
the decision of the administrator or the commission which
is made as a result of
the decision of the court in the representative case.
(O)(1) Any interested party as defined in division (I) of
section 4141.01 of the Revised Code, within thirty days after
notice of the decision of the commission was mailed to the
last known
post-office address of all interested parties, may appeal from
the decision of the commission to the court of common
pleas of the
county where the appellant, if an employee, is resident or was
last employed or of the county where the appellant, if an
employer, is resident or has the principal place of business in
this state. The commission shall provide on its decision
the names
and addresses of all interested parties. Such appeal shall be
taken within such thirty days by the appellant by filing a notice
of appeal with the clerk of the court of common pleas. Such
filing shall be the only act required to perfect the appeal and
vest jurisdiction in the court. Failure of an appellant to take
any step other than timely filing of a notice of appeal does not
affect the validity of the appeal, but is grounds only for such
action as the court deems appropriate, which may include
dismissal of the appeal. Such notice of appeal shall set forth
the decision appealed from. The appellant shall mail a copy of
the notice of appeal to the commission and to all
interested parties
by certified mail to their last known post-office address and
proof of the mailing of the notice shall be filed with the clerk
within thirty days of filing the notice of appeal. All
interested parties shall be made appellees. The
commission upon
receipt of the notice of appeal shall within thirty days file
with the clerk a certified transcript of the record of the
proceedings before the commission pertaining to the
decision
complained of, and mail a copy of the transcript to the
appellant's attorney or to the appellant, if not represented by
counsel. The appellant shall file a statement of the assignments
of error presented for review within sixty days of the filing of
the notice of appeal with the court. The appeal shall be heard
upon such record certified by the commission. After an
appeal has
been filed in the court, the commission may, by petition,
be made a
party to such appeal. If the court finds that the decision was
unlawful, unreasonable, or against the manifest weight of the
evidence, it shall reverse and vacate such decision or it may
modify such decision and enter final judgment in accordance with
such modification; otherwise such court shall affirm such
decision. Any interested party shall have the right to appeal
from the decision of the court as in civil cases.
(2) If an appeal is filed after the thirty-day appeal
period established in division (O)(1) of this section, the court
of common pleas shall conduct a hearing to determine whether the
appeal was timely filed pursuant to division (R)(Q) of this
section.
At the hearing, additional evidence may be introduced and oral
arguments may be presented regarding the timeliness of the filing
of the appeal. If the court of common pleas determines that the
time for filing the appeal is extended as provided in division
(R)(Q) of this section and that the appeal was filed within
the
extended time provided in that division, the court shall
thereafter make its decision on the merits of the appeal. If the
court of common pleas determines that the time for filing the
appeal may not be extended as provided in division (R)(Q) of
this
section, the court shall dismiss the appeal accordingly. The
determination on timeliness by the court of common pleas may be
appealed to the court of appeals as in civil cases, and such
appeal shall be consolidated with any appeal from the decision by
the court of common pleas on the merits of the appeal.
(P) Any application for reconsideration, any appeal from a
decision on reconsideration of the determination OR
REDETERMINATION of the
administrator, application to institute a further appeal, and any
notice of intention to appeal the OR A decision or order of the
commission
to a court of common pleas may be executed in behalf of any party
or any group of claimants by an agent.
(Q)(1) The administrator, the administrator's deputy, the referee,
the review commission, or the court that has the
authority or
jurisdiction pursuant to this section to hear an application for
reconsideration or an appeal that is timely filed shall render a
decision on the application for reconsideration or the appeal and
upon any further application for reconsideration or appeal that
is timely filed, whether or not the claimant meets the able to
work, available for suitable work, or the actively seeking work
requirements of division (A)(4)(a) of section 4141.29 of the
Revised Code, if all of the following apply:
(a) The claimant's claim for benefits is allowed or denied
upon initial determination by the administrator or the
administrator's deputy or
upon reconsideration, review, or appeal by a decision of the
administrator, the administrator's deputy, a referee, the
review commission, or a court.
(b) After the claim is allowed or disallowed, the claimant
is subjected to criminally injurious conduct, as defined in
section 2743.51 of the Revised Code.
(c) Pursuant to this section, any interested party timely
applies for reconsideration, or timely files an appeal, of the
determination or decision.
(d) The claimant files an application for an award of
reparations pursuant to sections 2743.51 to 2743.72 of the
Revised Code, for the loss of unemployment benefits.
(2) Any decision that is rendered pursuant to division
(Q)(1) of this section when a claimant fails to meet the able to
work, available for suitable work, or the actively seeking work
requirements of division (A)(4)(a) of section 4141.29 of the
Revised Code shall apply only for the purposes of any claim for
an award of reparations filed pursuant to sections 2743.51 to
2743.72 of the Revised Code and shall not enable a claimant who
does not meet the able to work, available for suitable work, or
the actively seeking work requirements of division (A)(4)(a) of
section 4141.29 of the Revised Code to obtain any benefits
pursuant to this chapter.
(R) The time for filing a request for reconsideration, an
appeal, an application to institute further appeal A REQUEST FOR
REVIEW, or a court
appeal, under division (G), (H), (L), or (O) of this section
shall be extended as follows:
(1) When the last day of an appeal period is a Saturday,
Sunday, or legal holiday, the appeal period is extended to the
next work day after the Saturday, Sunday, or legal holiday; or
(2) When an interested party provides certified medical
evidence stating that the interested party's physical condition
or mental capacity prevented the interested party from filing a
request for reconsideration, an appeal, or an application to
institute further appeal REQUEST FOR REVIEW pursuant to division
(G), (H), or (L) of
this section within the appropriate twenty-one-day period, the
appeal period is extended to twenty-one days after the end of the
physical or mental condition and the request, appeal, or
application REQUEST FOR REVIEW is considered timely filed if
filed within that
extended period;
(3) When an interested party provides evidence, which
evidence may consist of testimony from the interested party, that
is sufficient to establish that the party did not actually receive
the
determination or decision within the applicable appeal period
pursuant to division (G), (H), or (L) of this section, and the
administrator or the commission finds that the interested
party did
not actually receive the determination or decision within the
applicable appeal period, then the appeal period is extended to
twenty-one days after the interested party actually receives the
determination or decision.
(4) When an interested party provides evidence, which
evidence may consist of testimony from the interested party, that
is sufficient to establish that the party did not actually receive a
decision within the thirty-day appeal period provided in division
(O)(1) of this section, and a court of common pleas finds that
the interested party did not actually receive the decision within
that thirty-day appeal period, then the appeal period is extended
to thirty days after the interested party actually receives the
decision.
(S)(R) No finding of fact or law, decision, or order of the
administrator, referee HEARING OFFICER, or the review
commission, or a
reviewing
court pursuant to this section, shall be given collateral
estoppel or res judicata effect in any separate or subsequent
judicial, administrative, or arbitration proceeding, other than a
proceeding arising under this chapter.
Sec. 4141.29. Each eligible individual shall receive
benefits as compensation for loss of remuneration due to
involuntary total or partial unemployment in the amounts and
subject to the conditions stipulated in this chapter.
(A) No individual is entitled to a waiting period or
benefits for any week unless he THE INDIVIDUAL:
(1) Has filed a valid application for determination of
benefit rights in accordance with section 4141.28 of the Revised
Code;
(2) Has made a claim for benefits in accordance with
section 4141.28 of the Revised Code;
(3) Has registered at an employment office or other
registration place maintained or designated by the administrator
of the bureau of employment services. Registration shall be made
in person or in writing in accordance with the time limits,
frequency, and manner prescribed by the administrator.
(4)(a) Is able to work and available for suitable work and
is actively seeking suitable work either in a locality in which
he THE INDIVIDUAL has earned wages subject to this chapter
during his THE INDIVIDUAL'S base
period, or if he THE INDIVIDUAL leaves such THAT
locality, then in a locality where
suitable work is normally IS performed.
The administrator may waive the requirement that a claimant
be actively seeking work when he THE ADMINISTRATOR finds that an
individual has
been laid off and the employer who laid him THE INDIVIDUAL off
has notified the
administrator within ten days after the layoff, that work is
expected to be available for the individual within a specified
number of days not to exceed forty-five calendar days following
the last day the individual worked. In the event the individual
is not recalled within the specified period, such THIS waiver
shall
cease to be operative with respect to such THAT layoff.
(b) The individual shall be instructed as to the efforts
that he THE INDIVIDUAL must make in his THE search
for suitable work, except where
the active search for work requirement has been waived under
division (A)(4)(a) of this section, and shall keep a record of
where and when he THE INDIVIDUAL has sought work in complying
with such THOSE
instructions and shall, upon request, SHALL produce such
THAT record for
examination by the administrator.
(c) An individual who is attending a training course
approved by the administrator meets the requirement of this
division, if such attendance was recommended by the administrator
and the individual is regularly attending the course and is
making satisfactory progress. An individual also meets the
requirements of this division if he THE INDIVIDUAL is
participating and
advancing in a training program, as defined in division (P) of
section 5709.61 of the Revised Code, and if an enterprise,
defined in division (B) of section 5709.61 of the Revised Code,
is paying all or part of the cost of the individual's
participation in the training program with the intention of
hiring the individual for employment as a new employee, as
defined in division (L) of section 5709.61 of the Revised Code,
for at least ninety days after the individual's completion of the
training program.
(d) An individual who becomes unemployed while attending a
regularly established school and whose base period qualifying
weeks were earned in whole or in part while attending such THAT
school, meets the availability and active search for work
requirements of division (A)(4)(a) of this section if he THE
INDIVIDUAL REGULARLY ATTENDS THE SCHOOL DURING WEEKS WITH RESPECT TO WHICH THE
INDIVIDUAL CLAIMS UNEMPLOYMENT BENEFITS AND makes
himself SELF available on any shift of hours for suitable
employment
with his THE INDIVIDUAL'S most recent employer or any other
employer in his THE INDIVIDUAL'S base
period, or for any other suitable employment to which he THE
INDIVIDUAL is
directed, under this chapter.
(e) The administrator shall adopt such ANY rules as he
THAT THE ADMINISTRATOR deems
necessary for the administration of division (A)(4) of this
section.
(f) Notwithstanding any other provisions of this section,
no otherwise eligible individual shall be denied benefits for any
week because he or she THE INDIVIDUAL is in training approved
under section
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.
2296, nor shall such THAT individual be denied benefits by
reason of
leaving work to enter such training, provided the work left is
not suitable employment, or because of the application to any
week in training of provisions in this chapter, or any applicable
federal unemployment compensation law, relating to availability
for work, active search for work, or refusal to accept work.
For the purposes of division (A)(4)(f) of this section,
"suitable employment" means with respect to an individual, work
of a substantially equal or higher skill level than the
individual's past adversely affected employment, as defined for
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19
U.S.C.A. 2101, and wages for such work at not less than eighty
per cent of the individual's average weekly wage as determined
for the purposes of that federal act.
(5) Is unable to obtain suitable work.
(6) Participates in reemployment services, such as job
search assistance services, if the individual has been determined
to be likely to exhaust benefits under this chapter, including
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other
than extended compensation, and needs reemployment services
pursuant to the profiling system established by the administrator
under division (K) of this section, unless the administrator
determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure
to participate in such services.
(B) An individual suffering total or partial unemployment
is eligible for benefits for unemployment occurring subsequent to
a waiting period of one week and no benefits shall be payable
during this required waiting period, but no more than one week of
waiting period shall be required of any such individual in any
benefit year in order to establish his THE INDIVIDUAL'S
eligibility for total or
partial unemployment benefits.
(C) The waiting period for total or partial unemployment
shall commence on the first day of the first week with respect to
which the individual first files a claim for benefits at an
employment office or other place of registration maintained or
designated by the administrator or on the first day of the first
week with respect to which he THE INDIVIDUAL has otherwise filed
a claim for
benefits in accordance with the rules of the bureau of employment
services, provided such claim is allowed by the administrator or
his deputy.
(D) Notwithstanding division (A) of this section, no
individual may serve a waiting period or be paid benefits under
the following conditions:
(1) For any week with respect to which the administrator
finds that:
(a) His THE INDIVIDUAL'S unemployment was due to a labor
dispute other than
a lockout at any factory, establishment, or other premises
located in this or any other state and owned or operated by the
employer by which he THE INDIVIDUAL is or was last employed; and
for so long as
his THE INDIVIDUAL'S unemployment is due to such labor dispute.
No individual
shall be disqualified under this provision if EITHER OF THE FOLLOWING
APPLIES:
(i) His THE INDIVIDUAL'S employment was with such employer at
any factory,
establishment, or premises located in this state, owned or
operated by such employer, other than the factory, establishment,
or premises at which the labor dispute exists, if it is shown
that he THE INDIVIDUAL is not financing, participating in, or
directly
interested in such labor dispute; or
(ii) His THE INDIVIDUAL'S employment was with an employer not
involved in
the labor dispute but whose place of business was located within
the same premises as the employer engaged in the dispute, unless
his THE INDIVIDUAL'S employer is a wholly owned subsidiary of
the employer engaged
in the dispute, or unless he THE INDIVIDUAL actively
participates in or
voluntarily stops work because of such dispute. If it is
established that the claimant was laid off for an indefinite
period and not recalled to work prior to the dispute, or was
separated by the employer prior to the dispute for reasons other
than the labor dispute, or that he THE INDIVIDUAL obtained a
bona fide job with
another employer while the dispute was still in progress, such
labor dispute shall not render the employee ineligible for
benefits.
(b) He THE INDIVIDUAL has been given a disciplinary layoff for
misconduct
in connection with his THE INDIVIDUAL'S work.
(2) For the duration of his THE INDIVIDUAL'S unemployment if
the
administrator finds that:
(a) He THE INDIVIDUAL quit his work without just cause
or has been
discharged for just cause in connection with his THE
INDIVIDUAL'S work, provided
division (D)(2) of this section does not apply to the separation
of a person under any of the following circumstances:
(i) Separation from employment for the purpose of entering
the armed forces of the United States if he THE INDIVIDUAL makes
application to
enter, or is inducted into such THE armed forces within thirty
days
after such separation;
(ii) Separation from employment pursuant to a
labor-management contract or agreement, or pursuant to an
established employer plan, program, or policy, which permits the
employee, because of lack of work, to accept a separation from employment;
(iii) He THE INDIVIDUAL has left his employment to
accept a recall from a
prior employer or, except as provided in division
(D)(2)(a)(iv) of this section, to accept other employment
as provided under
section 4141.291 of the Revised Code, or left or was separated
from employment which THAT was concurrent employment at the time
of the most recent separation or within six weeks prior to the most
recent separation where the remuneration, hours, or other
conditions of such concurrent employment were substantially less
favorable than his THE INDIVIDUAL'S most recent employment and
where such employment, if offered as new work, would be considered not
suitable under the provisions of divisions (E) and (F) of this
section. Any benefits which THAT would otherwise be chargeable
to the account of the employer from whom an individual has left
employment or was separated from employment that was concurrent
employment under conditions described in division
(D)(2)(a)(iii) of this section, shall instead be charged
to the mutualized
account created by division (D)(B) of section 4141.25 of the
Revised Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this
section shall be charged to the account of the reimbursing
employer and not to the mutualized account, unless the
reimbursing employer is a seasonal employer as determined by the
administrator pursuant to section 4141.33 of the Revised Code,
and the benefit charges are for weeks of unemployment that
occurred outside the seasonal employer's seasonal period EXCEPT AS
PROVIDED IN DIVISION (D)(2) OF SECTION 4141.24 of the Revised Code.
(iv) When an individual has been issued a definite
layoff
date by his THE INDIVIDUAL'S employer and before the layoff
date, the individual quits to accept other employment, the provisions of
division
(D)(2)(a)(iii) of this section apply and no
disqualification
shall be imposed under division (D) of this section. However, if
the individual fails to meet the employment and earnings
requirements of division (A)(2) of section 4141.291 of the
Revised Code, then the individual shall, pursuant to division
(A)(5) of this section, SHALL be ineligible for benefits for any week
of unemployment that occurs prior to the layoff date.
(b) He THE INDIVIDUAL has refused without good cause to accept
an offer
of suitable work when made by an employer either in person or to
his THE INDIVIDUAL'S last known address, or has refused or
failed to investigate a
referral to suitable work when directed to do so by a local
employment office of this state or another state, provided that
this division shall not cause a disqualification for a waiting
week or benefits under the following circumstances:
(i) When work is offered by his THE INDIVIDUAL'S employer and
he THE INDIVIDUAL is not
required to accept the offer pursuant to the terms of the
labor-management contract or agreement; or
(ii) When the individual is attending a vocational
training course pursuant to division (A)(4) of this section
except, in the event of a refusal to accept an offer of suitable
work or a refusal or failure to investigate a referral, benefits
thereafter paid to such individual shall not be charged to the
account of any employer and, except as provided in division
(B)(1)(b) of section 4141.241 of the Revised Code, shall be
charged to the mutualized account as provided in division
(D)(B) of
section 4141.25 of the Revised Code.
(c) Such individual quit work to marry or because of
marital, parental, filial, or other domestic obligations.
(d) He THE INDIVIDUAL has knowingly made a false statement or
representation or knowingly failed to report any material fact
with the object of obtaining benefits to which he THE INDIVIDUAL
is not
entitled.
(e) He THE INDIVIDUAL became unemployed by reason of commitment
to any
correctional institution.
(f) He THE INDIVIDUAL became unemployed because of dishonesty
in
connection with his THE INDIVIDUAL'S most recent or any base
period work. Remuneration earned in such work shall be excluded from
such THE
individual's total base period remuneration and qualifying weeks
which THAT otherwise would be credited to such an
THE individual for such
work in the individual's base period shall not be credited for
the purpose of determining the total benefits to which such THE
individual is eligible and the weekly benefit amount to be paid
under section 4141.30 of the Revised Code. Such excluded
remuneration and noncredited qualifying weeks shall be excluded
from the calculation of the maximum amount to be charged, under
division (D) of section 4141.24 and section 4141.33 of the
Revised Code, against the accounts of the individual's base
period employers. In addition, no benefits shall thereafter be
paid to such THE individual based upon such excluded
remuneration or
noncredited qualifying weeks.
For purposes of division (D)(2)(f) of this section,
"dishonesty" means the commission of substantive theft, fraud, or
deceitful acts.
(E) No individual otherwise qualified to receive benefits
shall lose the right to benefits by reason of a refusal to accept
new work if:
(1) As a condition of being so employed he THE INDIVIDUAL would
be
required to join a company union, or to resign from or refrain
from joining any bona fide labor organization, or would be denied
the right to retain membership in and observe the lawful rules of
any such organization.
(2) The position offered is vacant due directly to a
strike, lockout, or other labor dispute.
(3) The work is at an unreasonable distance from his THE
INDIVIDUAL'S
residence, having regard to the character of the work he THE
INDIVIDUAL has been
accustomed to do, and travel to the place of work involves
expenses substantially greater than that required for his THE
INDIVIDUAL'S former
work, unless the expense is provided for.
(4) The remuneration, hours, or other conditions of the
work offered are substantially less favorable to the individual
than those prevailing for similar work in the locality.
(F) Subject to the special exceptions contained in
division (A)(4)(f) of this section and section 4141.301 of the
Revised Code, in determining whether any work is suitable for a
claimant in the administration of this chapter, the administrator
shall, in addition to the determination required under division
(E) of this section, SHALL consider the degree of risk to the
claimant's health, safety, and morals, his THE INDIVIDUAL'S
physical fitness for
the work, his THE INDIVIDUAL'S prior training and experience,
the length of his THE INDIVIDUAL'S
unemployment, the distance of the available work from his THE
INDIVIDUAL'S
residence, and his THE INDIVIDUAL'S prospects for obtaining
local work.
(G) The "duration of his unemployment" as used in this
section means the full period of unemployment next ensuing after
a separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this
chapter, or the unemployment compensation act of another state,
or of the United States, and until such individual has worked six
weeks and for such THOSE weeks has earned or been paid
remuneration
equal to six times an average weekly wage of not less than:
eighty-five dollars and ten cents per week beginning on June 26,
1990; and beginning on and after January 1, 1992, twenty-seven
and one-half per cent of the statewide average weekly wage as
computed each first day of January under division (B)(3) of
section 4141.30 of the Revised Code, rounded down to the nearest
dollar, except for purposes of division (D)(2)(c) of this
section, such term means the full period of unemployment next
ensuing after a separation from such work and until such
individual has become reemployed subject to the terms set forth
above, and has earned wages equal to one-half of his THE
INDIVIDUAL'S average
weekly wage or sixty dollars, whichever is less.
(H) If a claimant is disqualified under division
(D)(2)(a), (c), or (e) of this section or found to be qualified
under the exceptions provided in division (D)(2)(a)(i), (ii),
(iii), or (iv) of this section or division (A)(2) of section
4141.291 of the Revised Code, then benefits which THAT may
become
payable to such claimant, which are chargeable to the account of
the employer from whom he THE INDIVIDUAL was separated under
such conditions,
shall be charged to the mutualized account provided in section
4141.25 of the Revised Code, provided that no charge shall be
made to the mutualized account for benefits chargeable to a
reimbursing employer, except as provided in division (C)(D)(2)
of
section 4141.33 4141.24 of the Revised Code. In the case of a
reimbursing employer, the administrator shall refund or credit to
the account of the reimbursing employer any over-paid benefits
that are recovered under division (B) of section 4141.35 of the
Revised Code.
(I)(1) Benefits based on service in employment as provided
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised
Code shall be payable in the same amount, on the same terms, and
subject to the same conditions as benefits payable on the basis
of other service subject to this chapter; except that after
December 31, 1977:
(a) Benefits based on service in an instructional,
research, or principal administrative capacity in an institution
of higher education, as defined in division (Y) of section
4141.01 of the Revised Code; or for an educational institution as
defined in division (CC) of section 4141.01 of the Revised Code,
shall not be paid to any individual for any week of unemployment
which THAT begins during the period between two successive
academic
years or terms, or during a similar period between two regular
but not successive terms or during a period of paid sabbatical
leave provided for in the individual's contract, if the
individual performs such services in the first of such THOSE
academic
years or terms and has a contract or a reasonable assurance that
the individual will perform services in any such capacity for any
such institution in the second of such THOSE academic years or
terms.
(b) Benefits based on service for an educational
institution or an institution of higher education in other than
an instructional, research, or principal administrative capacity,
shall not be paid to any individual for any week of unemployment
which begins during the period between two successive academic
years or terms of the employing educational institution or
institution of higher education, provided the individual
performed such THOSE services for the educational institution or
institution of higher education during the first such academic
year or term and, there is a reasonable assurance that such
individual will perform such THOSE services for any educational
institution or institution of higher education in the second of
such academic years or terms.
If compensation is denied to any individual for any week
under division (I)(1)(b) of this section and the individual was
not offered an opportunity to perform such THOSE services for an
institution of higher education or for an educational institution
for the second of such academic years or terms, the individual is
entitled to a retroactive payment of compensation for each week
for which the individual timely filed a claim for compensation
and for which compensation was denied solely by reason of
division (I)(1)(b) of this section. An application for
retroactive benefits shall be timely filed if received by the
administrator or his THE ADMINISTRATOR'S deputy within or prior
to the end of the
fourth full calendar week after the end of the period for which
benefits were denied because of reasonable assurance of
employment. The provision for the payment of retroactive
benefits under division (I)(1)(b) of this section is applicable
to weeks of unemployment beginning on and after November 18,
1983. The provisions under division (I)(1)(b) of this section
shall be retroactive to September 5, 1982, only if, as a
condition for full tax credit against the tax imposed by the
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.
3301 TO 3311, the United States secretary of labor determines
that
retroactivity is required by federal law.
(c) With respect to weeks of unemployment beginning after
December 31, 1977, benefits shall be denied to any individual for
any week which commences during an established and customary
vacation period or holiday recess, if the individual performs any
services described in divisions (I)(1)(a) and (b) of this section
in the period immediately before the vacation period or holiday
recess, and there is a reasonable assurance that the individual
will perform any such services in the period immediately
following the vacation period or holiday recess.
(d) With respect to any services described in division
(I)(1)(a), (b), or (c) of this section, benefits payable on the
basis of services in any such capacity shall be denied as
specified in division (I)(1)(a), (b), or (c) of this section to
any individual who performs such services in an educational
institution or institution of higher education while in the
employ of an educational service agency. For this purpose, the
term "educational service agency" means a governmental agency or
governmental entity which THAT is established and operated
exclusively
for the purpose of providing services to one or more educational
institutions or one or more institutions of higher education.
(e) Any individual employed by a public school district or
a county board of mental retardation shall be notified by the
thirtieth day of April each year if he THE INDIVIDUAL is not to
be reemployed
the following academic year.
(2) No disqualification will be imposed, between academic
years or terms or during a vacation period or holiday recess
under this division, unless the administrator or his THE
ADMINISTRATOR'S deputy has
received a statement in writing from the educational institution
or institution of higher education that the claimant has a
contract for, or a reasonable assurance of, reemployment for the
ensuing academic year or term.
(3) If an individual has employment with an educational
institution or an institution of higher education and employment
with a noneducational employer, during the base period of the
individual's benefit year, then the individual may become
eligible for benefits during the between-term, or vacation or
holiday recess, disqualification period, based on employment
performed for the noneducational employer, provided that the
employment is sufficient to qualify the individual for benefit
rights separately from the benefit rights based on school
employment. The weekly benefit amount and maximum benefits
payable during a disqualification period shall be computed based
solely on the nonschool employment.
(J) Benefits shall not be paid on the basis of employment
performed by an alien, unless the alien had been lawfully
admitted to the United States for permanent residence at the time
the services were performed, was lawfully present for purposes of
performing the services, or was otherwise permanently residing in
the United States under color of law at the time the services
were performed, under section 212(d)(5) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:
(1) Any data or information required of individuals
applying for benefits to determine whether benefits are not
payable to them because of their alien status shall be uniformly
required from all applicants for benefits.
(2) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to the individual are not payable because of his THE
INDIVIDUAL'S alien
status shall be made except upon a preponderance of the evidence
that the individual had not, in fact, been lawfully admitted to
the United States.
(K) The administrator shall establish and utilize a system
of profiling all new claimants under this chapter that:
(1) Identifies which claimants will be likely to exhaust
regular compensation and will need job search assistance services
to make a successful transition to new employment;
(2) Refers claimants identified pursuant to division
(K)(1) of this section to reemployment services, such as job
search assistance services, available under any state or federal
law;
(3) Collects follow-up information relating to the
services received by such claimants and the employment outcomes
for such claimant's subsequent to receiving such services and
utilizes such information in making identifications pursuant to
division (K)(1) of this section; and
(4) Meets such other requirements as the United States
secretary of labor determines are appropriate.
Sec. 4141.291. (A) Notwithstanding section 4141.29 of the
Revised Code, an individual who voluntarily quits work:
(1) To accept a recall from a prior employer and
establishes that the refusal or failure to accept the recall
would have resulted in a substantial loss of employment rights,
benefits, or pension, under a labor-management agreement or
company policy;
(2) To accept a recall to employment from a prior employer
and cannot establish that a substantial loss of employment
rights, benefits, or pension was involved in the recall, or to
accept other employment subject to this chapter, or the
unemployment compensation act of another state, or of the United
States, where the individual obtains such employment while still
employed or
commences such employment within seven calendar days after the
last day of employment with the prior employer, and subsequent to
the last day of the employment with the prior employer, works
three weeks in the new employment and earns wages equal to one
and one-half times the individual's average weekly wage or one
hundred eighty dollars, whichever is less;
(3) Shall, under the conditions specified in either
division (A)(1) or (2) of this section, remove the
disqualification imposed by division (D)(2)(a) of section 4141.29
of the Revised Code and shall be deemed to have fully complied
with division (G) of such section.
(B) Benefits which may become payable to such individual
because of the individual's subsequent separation from the employer
who recalled that individual shall be charged to employer accounts as
provided in division (D) of section 4141.24 of the Revised Code.
(C) Any benefits which would be chargeable to the account
of the employer from whom such individual voluntarily quit to
accept such recall or other employment which are not chargeable
to the recalling employer as provided in this section shall be
charged to the mutualized account provided in section 4141.25 of
the Revised Code; except that any benefits chargeable to the
account of a reimbursing employer under this division shall be
charged to the account of the reimbursing employer and not the
mutualized account unless the charge is required under division
(C) of section 4141.33 of the Revised Code, EXCEPT AS PROVIDED
IN DIVISION (D)(2) OF SECTION 4141.24 of the Revised Code.
Sec. 4141.301. (A) As used in this section, unless the
context clearly requires otherwise:
(1) "Extended benefit period" means a period which:
(a) Begins with the third week after a week for which
there is a state "on" indicator; and
(b) Ends with either of the following weeks, whichever
occurs later:
(i) The third week after the first week for which there is
a state "off" indicator; or
(ii) The thirteenth consecutive week of such period;
Except, that no extended benefit period may begin by reason
of a state "on" indicator before the fourteenth week following
the end of a prior extended benefit period which was in effect
with respect to this state.
(2) There is a "state 'on' indicator" for this state for a
week if the administrator determines, in accordance with the
regulations of the United States secretary of labor, that for the
period consisting of such week and the immediately preceding
twelve weeks, the rate of insured unemployment, not seasonally
adjusted, under Chapter 4141. of the Revised Code:
(a) Equaled or exceeded one hundred and twenty per cent of
the average of such rates for the corresponding thirteen-week
period ending in each of the preceding two calendar years, and
for weeks beginning before September 25, 1982, equaled or
exceeded four per cent and for weeks beginning after September
25, 1982, equaled or exceeded five per cent;
(b) For weeks of unemployment beginning after December 31,
1977 and before September 25, 1982, such rate of insured
unemployment:
(i) Met the criteria set forth in division (A)(2)(a) of
this section; or
(ii) Equaled or exceeded five per cent.
(c) For weeks of unemployment beginning after September
25, 1982, such rate of insured unemployment:
(i) Met the criteria set forth in division (A)(2)(a) of
this section; or
(ii) Equaled or exceeded six per cent.
(3) A "state 'off' indicator" exists for the state for a
week if the administrator determines, in accordance with the
regulations of the United States secretary of labor, that for the
period consisting of such week and the immediately preceding
twelve weeks, the rate of insured unemployment, not seasonally
adjusted, under Chapter 4141. of the Revised Code:
(a) Was less than one hundred and twenty per cent of the
average of such rates for the corresponding thirteen-week period
ending in each of the preceding two calendar years, or for weeks
beginning before September 25, 1982, was less than four per cent
and for weeks beginning after September 25, 1982, was less than
five per cent;
(b) For weeks of unemployment beginning after December 31,
1977 and before September 25, 1982, such rate of insured
unemployment:
(i) Was less than five per cent; and
(ii) Met the criteria set forth in division (A)(3)(a) of
this section.
(c) For weeks of unemployment beginning after September
25, 1982, such rate of insured unemployment;
(i) Was less than six per cent; and
(ii) Met the criteria set forth in division (A)(3)(a) of
this section.
(4) "Rate of insured unemployment," for purposes of
divisions (A)(2) and (3) of this section, means the percentage
derived by dividing:
(a) The average weekly number of individuals filing claims
for regular compensation in this state for weeks of unemployment
with respect to the most recent thirteen-consecutive-week period,
as determined by the administrator on the basis of his THE
ADMINISTRATOR'S reports to
the United States secretary of labor, by
(b) The average monthly employment covered under Chapter
4141. of the Revised Code, for the first four of the most recent
six completed calendar quarters ending before the end of such
thirteen-week period.
(5) "Regular benefits" means benefits payable to an
individual, as defined in division (C) of section 4141.01 of the
Revised Code, or under any other state law, including dependents'
allowance and benefits payable to federal civilian employees and
to ex-servicemen EX-SERVICEPERSONS pursuant to the "Act of
September 6, 1966," 80
Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and
additional benefits as defined in division (A)(10) of this
section.
(6) "Extended benefits" means benefits, including benefits
payable to federal civilian employees and to ex-servicemen
EX-SERVICEPERSON
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5
U.S.C.A. 8501, and additional benefits, payable to an individual
under the provisions of this section for weeks of unemployment in
his THE INDIVIDUAL'S eligibility period.
(7) "Eligibility period" of an individual means the period
consisting of the weeks in his THE INDIVIDUAL'S benefit year
which begin in an
extended benefit period and, if his THE INDIVIDUAL'S benefit
year ends within the
extended benefit period, any weeks thereafter which begin in the
period.
(8) "Exhaustee" means an individual who, with respect to
any week of unemployment in his THE INDIVIDUAL'S eligibility
period:
(a) Has received prior to the week, all of the regular
benefits that were available to him THE INDIVIDUAL under Chapter
4141. of the
Revised Code, or any other state law, including dependents'
allowance and benefits payable to federal civilian employees and
ex-servicemen EX-SERVICEPERSONS under the "Act of September 6,
1966," 80 Stat.
585, 5 U.S.C.A. 8501, in his THE INDIVIDUAL'S current benefit
year that includes
the week;
(b) Has received, prior to the week, all of the regular
benefits that were available to him THE INDIVIDUAL under this
chapter or any
other state law, including dependents' allowances and regular
benefits available to federal civilian employees and
ex-servicemen EX-SERVICEPERSONS under the "Act of September 6,
1966," 80 Stat. 585,
5 U.S.C.A. 8501, in his THE INDIVIDUAL'S current benefit year
that includes the
week, after the cancellation of some or all of his THE
INDIVIDUAL'S wage credits
or the total or partial reduction of his THE INDIVIDUAL'S right
to regular
benefits, provided that, for the purposes of divisions (A)(8)(a)
and (8)(b) of this section, an individual shall be deemed to have
received in his THE INDIVIDUAL'S current benefit year all of the
regular benefits
that were either payable or available to him THE INDIVIDUAL even
though:
(i) As a result of a pending appeal with respect to wages
or employment, or both, that were not included in the original
monetary determination with respect to his THE INDIVIDUAL'S
current benefit year,
he THE INDIVIDUAL may subsequently be determined to be entitled
to more regular
benefits, or
(ii) By reason of section 4141.33 of the Revised Code, or
the seasonal employment provisions of another state law, he THE
INDIVIDUAL is
not entitled to regular benefits with respect to the week of
unemployment, although he THE INDIVIDUAL may be entitled to
regular benefits
with respect to future weeks of unemployment in either the next
season or off season in his THE INDIVIDUAL'S current benefit
year, and he THE INDIVIDUAL is
otherwise an "exhaustee" within the meaning of this section with
respect to his THE right to regular benefits under state law
seasonal
employment provisions during either the season or off season in
which that week of unemployment occurs, or
(iii) Having established a benefit year, no regular
benefits are payable to him THE INDIVIDUAL during the year
because his THE INDIVIDUAL'S wage
credits were cancelled or his THE INDIVIDUAL'S right to regular
benefits was
totally reduced as the result of the application of a
disqualification; or
(c) His THE INDIVIDUAL'S benefit year having expired prior to
the week, has
no, or insufficient, wages or weeks of employment on the basis of
which he THE INDIVIDUAL could establish in any state a new
benefit year that
would include the week, or having established a new benefit year
that includes the week, he THE INDIVIDUAL is precluded from
receiving regular
benefits by reason of a state law which meets the requirements of
section 3304 (a)(7) of the "Federal Unemployment Tax Act," 53
Stat. 183, 26 U.S.C.A. 3301, as amended TO 3311; and
(i) Has no right for the week to unemployment benefits or
allowances, as the case may be, under the Railroad Unemployment
Insurance Act, the Trade Act of 1974, and other federal laws as
are specified in regulations issued by the United States
secretary of labor; and
(ii) Has not received and is not seeking for the week
unemployment benefits under the unemployment compensation law of
the Virgin Islands, prior to the day after that on which the
secretary of labor approves the unemployment compensation law of
the Virgin Islands, or of Canada; or if he THE INDIVIDUAL is
seeking benefits
and the appropriate agency finally determines that he THE
INDIVIDUAL is not
entitled to benefits under the law for the week.
(9) "State law" means the unemployment insurance law of
any state, approved by the United States secretary of labor under
section 3304 of the Internal Revenue Code of 1954.
(10) "Additional benefits" means benefits totally financed
by a state and payable to exhaustees by reason of high
unemployment or by reason of other special factors under the
provisions of any state law.
(B) Except when the result would be inconsistent with the
other provisions of this section, as provided in the regulations
of the administrator, the provisions of Chapter 4141. of the
Revised Code, which apply to claims for, or the payment of,
regular benefits, shall apply to claims for, and the payment of,
extended benefits.
(C) Any individual shall be eligible to receive extended
benefits with respect to any week of unemployment in his THE
INDIVIDUAL'S
eligibility period only if the administrator finds that, with
respect to such week:
(1) The individual is an "exhaustee" as defined in
division (A)(8) of this section; and
(2) The individual has satisfied the requirements of
Chapter 4141. of the Revised Code, for the receipt of regular
benefits that are applicable to individuals claiming extended
benefits, including not being subject to a disqualification for
the receipt of benefits.
(D) The weekly extended benefit amount payable to an
individual for a week of total unemployment in his THE
INDIVIDUAL'S eligibility
period shall be the same as the weekly benefit amount payable to
him THE INDIVIDUAL during his THE INDIVIDUAL'S
applicable benefit year.
(E) The total extended benefit amount payable to any
eligible individual with respect to his THE INDIVIDUAL'S
applicable benefit year
shall be the lesser of the following amounts:
(1) Fifty per cent of the total amount of regular
benefits, including dependents' allowances which were payable to
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, in
his THE INDIVIDUAL'S applicable
benefit year;
(2) Thirteen times his THE INDIVIDUAL'S weekly benefit amount,
including
dependents' allowances, which was payable to him THE INDIVIDUAL
under Chapter
4141. of the Revised Code, for a week of total unemployment in
the applicable benefit year; provided, that in making the
computation under divisions (E)(1) and (2) of this section, any
amount which is not a multiple of one dollar shall be rounded to
the next lower multiple of one dollar.
(F)(1) Except as provided in division (F)(2) of this
section, an individual eligible for extended benefits pursuant to
an interstate claim filed in any state under the interstate
benefit payment plan shall not be paid extended benefits for any
week in which an extended benefit period is not in effect in such
state.
(2) Division (F)(1) of this section does not apply with
respect to the first two weeks for which extended compensation is
payable to an individual, as determined without regard to this
division, pursuant to an interstate claim filed under the
interstate benefit payment plan from the total extended benefit
amount payable to that individual in his THE INDIVIDUAL'S
applicable benefit year.
(3) Notwithstanding any other provisions of this section,
if the benefit year of any individual ends within an extended
benefit period, the remaining balance of extended benefits that
the individual would, but for this section, be entitled to
receive in that extended benefit period, with respect to weeks of
unemployment beginning after the end of the benefit year, shall
be reduced, but not below zero, by the product of the number of
weeks for which the individual received any amounts as trade
readjustment allowances within that benefit year, multiplied by
the individual's weekly benefit amount for extended benefits.
(G)(1) Whenever an extended benefit period is to become
effective in this state, as a result of a state "on" indicator,
or an extended benefit period is to be terminated in this state
as a result of a state "off" indicator, the administrator shall
make an appropriate public announcement.
(2) Computations required by division (A)(4) of this
section shall be made by the administrator, in accordance with
the regulations prescribed by the United States secretary of
labor.
(H)(1)(a) The administrator shall promptly examine any
application for extended benefits filed and, under this section,
shall determine whether such application is to be allowed or
disallowed and, if allowed, the weekly and total extended
benefits payable and the effective date of the application. The
claimant, his THE CLAIMANT'S most recent employer, and any other
employer in the
base period of the claim upon which the extended benefits are
based, and who was chargeable for regular benefits based on such
claim, shall be notified of such determination.
(b) The determination issued to the most recent or other
base period employer shall include the total amount of extended
benefits which may be charged to his THE EMPLOYER'S account.
Such potential
charge amount shall be an amount equal to one-fourth of the
regular benefits chargeable to his THE EMPLOYER'S account on the
regular claim
upon which extended benefits are based except that, effective
January 1, 1979, the potential charge amount to the state and its
instrumentalities and its political subdivisions and their
instrumentalities shall be an amount equal to one-half of the
regular benefits chargeable to their accounts on such claim. If
regular benefits were chargeable to the mutualized account, in
lieu of an employer's account, then the extended benefits which
are based on such prior mutualized benefits shall also be charged
to the mutualized account.
(c) As extended benefits are paid to eligible individuals:
(i) One-half of such benefits will be charged to an
extended benefit account to which reimbursement payments of
one-half of extended benefits, received from the federal
government as described in division (J) of this section, will be
credited; and
(ii) One-half of the extended benefits shall be charged to
the accounts of base period employers and the mutualized account
in the same sequence as was provided for on the regular claim; or
(iii) The full amount of extended benefits shall be
charged to the accounts of the state and its instrumentalities,
and its political subdivisions and their instrumentalities.
Employers making payments in lieu of contributions shall be
charged in accordance with division (B)(1) of section 4141.241 of
the Revised Code.
(d) If the application for extended benefits is
disallowed, a determination shall be issued to the claimant,
which determination shall set forth the reasons for the
disallowance. Determinations issued under this division, whether
allowed or disallowed, shall be subject to reconsideration and
appeal in accordance with section 4141.28 of the Revised Code.
(2) Any additional or continued claims, as described in
division (F) of section 4141.01 of the Revised Code, filed by an
individual at the beginning of, or during, his THE INDIVIDUAL'S
extended benefit
period shall be determined under division (D) of section 4141.28
of the Revised Code, and such determination shall be subject to
reconsideration and appeal in accordance with section 4141.28 of
the Revised Code.
(I) Notwithstanding division (B) of this section, payment
of extended benefits under this section shall not be made to any
individual for any week of unemployment in his THE INDIVIDUAL'S
eligibility period
during which he THE INDIVIDUAL fails to accept any offer of
suitable work, as
defined in division (I)(2) of this section, or fails to apply for
any suitable work to which he THE INDIVIDUAL was referred by the
administrator,
or fails to actively engage in seeking work, as prescribed in
division (I)(4) of this section.
(1) If any individual is ineligible for extended benefits
for any week by reason of a failure described in this division,
the individual shall be ineligible to receive extended benefits
beginning with the week in which the failure occurred and
continuing until the individual has been employed during each of
four subsequent weeks and the total remuneration earned by the
individual for this employment is equal to or more than four
times the individual's weekly extended benefit amount, and has
met all other eligibility requirements of this section, in order
to establish entitlement to extended benefits.
(2) For purposes of this section, the term "suitable work"
means, with respect to an individual, any work which is within
the individual's capabilities, provided that with respect to the
position all of the following requirements are met:
(a) It offers the individual gross average weekly
remuneration of more than the sum of:
(i) The individual's extended weekly benefit amount; and
(ii) The amount of supplemental unemployment compensation
benefits, as defined in section 501(c)(17)(D) of the "Internal
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to
the individual for the week of unemployment.
(b) It pays equal to or more than the higher of:
(i) The minimum wage provided by section 6(a)(1) of the
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A.
206, without regard to any exemption; or
(ii) Any applicable state or local minimum wage.
(c) It is offered to the individual in writing or is
listed with the employment office maintained or designated by the
bureau of employment services.
(3) Extended benefits shall not be denied under this
division to any individual for any week by reason of a failure to
accept an offer of, or apply for suitable work if either of the
following conditions apply:
(a) The failure would not result in a denial of benefits
to a regular benefit claimant under section 4141.29 of the
Revised Code to the extent that section 4141.29 of the Revised
Code is not inconsistent with division (I)(2) of this section;
(b) The individual furnishes evidence satisfactory to the
administrator that the individual's prospects for obtaining work
in his THE INDIVIDUAL'S customary occupation within a reasonably
short period are
good. If the evidence is deemed satisfactory, the determination
as to whether any work is suitable work with respect to this
individual and whether the individual is ineligible or
disqualified shall be based upon the meaning of "suitable work"
and other provisions in section 4141.29 of the Revised Code.
(4) For purposes of this section, an individual shall be
treated as actively engaged in seeking work during any week if:
(a) The individual has engaged in a systematic and
sustained effort to obtain work during that week; and
(b) The individual provides tangible evidence to the
administrator that he THE INDIVIDUAL has engaged in the effort
during that week.
(5) The administrator shall refer applicants for extended
benefits to job openings that meet the requirements of divisions
(E) and (F) of section 4141.29 of the Revised Code, and in the
case of applicants whose prospects are determined not to be good
under division (I)(3)(b) of this section to any suitable work
which meets the criteria in divisions (I)(2) and (3)(a) of this
section.
(6) Individuals denied extended or regular benefits under
division (D)(1)(b) of section 4141.29 of the Revised Code because
of being given a disciplinary layoff for misconduct must, after
the date of disqualification, work the length of time and earn
the amount of remuneration specified in division (I)(1) of this
section, and meet all other eligibility requirements of this
section, in order to establish entitlement to extended benefits.
(J) All payments of extended benefits made pursuant to
this section shall be paid out of the unemployment compensation
fund, provided by section 4141.09 of the Revised Code, and all
payments of the federal share of extended benefits that are
received as reimbursements under section 204 of the
"Federal-State Extended Unemployment Compensation Act of 1970,"
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such
unemployment compensation fund and shall be credited to the
extended benefit account established by division (G) of this
section. Any refund of extended benefits, because of prior
overpayment of such benefits, may be made from the unemployment
compensation fund.
(K) In the administration of the provisions of this
section which are enacted to conform with the requirements of the
"Federal-State Extended Unemployment Compensation Act of 1970,"
84 Stat. 696, 26 U.S.C.A. 3306, the administrator shall take such
action consistent with state law, as may be necessary:
(1) To ensure that the provisions are so interpreted and
applied as to meet the requirements of the federal act as
interpreted by the United States department of labor; and
(2) To secure to this state the full reimbursement of the
federal share of extended benefits paid under this section that
are reimbursable under the federal act.
Sec. 4141.312. Notwithstanding sections 4141.31 and
4141.311 of the Revised Code, and to the extent that the
following provisions are required as a condition for full tax
credit against the tax imposed by the "Federal Unemployment Tax
Act of 1976," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, then
the following
conditions shall apply:
(A) The amount of benefits payable to a claimant for any
week with respect to which the claimant is receiving a
governmental or other pension, retirement or retired pay, annuity
or any other similar periodic payment which is based on the
previous work of the individual, shall, to the extent required by
such federal act, be reduced by an amount equal to the amount of
the pension, retirement or retired pay, annuity or other payment
which is reasonably attributable to that week.
(B) The amount of any disability pension, allowance, or
payment paid to former members of the armed forces of the United
States which is based on the nature and extent of the disability
rather than a prior period of employment or service, shall not
reduce or be deducted from the weekly benefits payable.
Sec. 4141.33. (A) "Seasonal employment" means employment
of individuals hired primarily to perform services in an industry
which because of climatic conditions or because of the seasonal
nature of such industry it is customary to operate only during
regularly recurring periods of forty weeks or less in any
consecutive fifty-two weeks. "Seasonal employer" means an
employer determined by the administrator of the bureau of
employment services to be an employer whose operations and
business, with the exception of certain administrative and
maintenance operations, are substantially all in a seasonal
industry. Any employer who claims to have seasonal employment in
a seasonal industry may file with the administrator a written
application for classification of such employment as seasonal.
Whenever in any industry it is customary to operate because of
climatic conditions or because of the seasonal nature of such
industry only during regularly recurring periods of forty weeks
or less duration, benefits shall be payable only during the
longest seasonal periods which the best practice of such industry
will reasonably permit. The administrator shall determine, after
investigation, hearing, and due notice, whether the industry is
seasonal and, if seasonal, establish seasonal periods for such
seasonal employer. Until such determination by the
administrator, no industry or employment shall be deemed
seasonal.
(B) When the administrator has determined such seasonal
periods, he shall also establish
the
proportionate number of
weeks of employment and earnings required to qualify for seasonal
benefit rights in place of the weeks of employment and earnings
requirement stipulated in division (R) of section 4141.01 and
section 4141.30 of the Revised Code, and the proportionate number
of weeks for which seasonal benefits may be paid. An individual
whose base period employment consists of only seasonal employment
for a single seasonal employer and who meets the employment and
earnings requirements determined by the administrator pursuant to
this division will have his benefit rights determined in
accordance with this division. Benefit charges for such seasonal
employment shall be computed and charged in accordance with
division (D) of section 4141.24 of the Revised Code. The
administrator may adopt rules for implementation of this section.
(C) An individual whose base period employment consists of
either seasonal employment with two or more seasonal employers or
both seasonal employment and nonseasonal employment with
employers subject to this chapter, will have his benefit rights
determined in accordance with division (R) of section 4141.01 and
section 4141.30 of the Revised Code. Benefit charges for both
seasonal and nonseasonal employment shall be computed and charged
in accordance with division (D) of section 4141.24 of the Revised
Code, except that benefit charges for weeks of unemployment that
occurred outside a seasonal employer's seasonal period, as
determined by the administrator pursuant to division (A) of this
section, shall not be charged to the account of that seasonal
employer but shall instead be charged to the mutualized account
established pursuant to division (D) of section 4141.25 of
the
Revised Code. The total seasonal and nonseasonal benefits during
a benefit year cannot exceed twenty-six times the weekly benefit
amount.
(D) Benefits shall not be paid to any individual on the
basis of any services, substantially all of which consist of
participating in sports or athletic events or training or
preparing to so participate, for any week which commences during
the period between two successive sport seasons, or similar
periods, if the individual performed services in the first of the
seasons, or similar periods, and there is a reasonable assurance
that the individual will perform services in the later of the
seasons, or similar periods.
(1) The term "reasonable assurance" as used in this
division means a written, verbal, or implied agreement
that the
individual will perform services in the same or similar capacity
during the ensuing sports season.
(2) The administrator shall adopt rules concerning the
eligibility for benefits of individuals under this division.
(D) Notwithstanding division (A) of this section, the
Ohio expositions commission is a "seasonal employer" for purposes
of this chapter.
Sec. 4141.35. (A) If the administrator of the bureau of
employment services finds that any fraudulent misrepresentation
has been made by an applicant for or a recipient of benefits with
the object of obtaining benefits to which he THE APPLICANT OR
RECIPIENT was not entitled,
and in addition to any other penalty or forfeiture under this
chapter, then the administrator:
(1) Shall within four years after the end of the benefit
year in which the fraudulent misrepresentation was made reject or
cancel such person's entire weekly claim for benefits that was
fraudulently claimed, or his THE PERSON'S entire benefit rights
if the
misrepresentation was in connection with the filing of the
claimant's application for determination of benefit rights;
(2) Shall by order declare that, for each application for
benefit rights and for each weekly claim canceled, such person
shall be ineligible for two otherwise valid weekly claims for
benefits, claimed within six years subsequent to the discovery of
such misrepresentation;
(3) Shall by BY order SHALL require that the total
amount of
benefits rejected or canceled under division (A)(1) of this
section be repaid to the bureau of employment services before
such person may become eligible for further benefits, and shall
withhold such unpaid sums from future benefit payments accruing
and otherwise payable to such claimant. Effective with orders
issued on or after January 1, 1993, if such benefits are not
repaid within thirty days after the administrator's order becomes
final, interest on the amount remaining unpaid shall be charged
to the person at a rate and calculated in the same manner as
provided under section 4141.23 of the Revised Code. When a
person ordered to repay benefits has repaid all overpaid benefits
according to a plan approved by the administrator, the
administrator may cancel the amount of interest that accrued
during the period of the repayment plan. The administrator may
take action in the courts of this state to collect benefits and
interest as provided in sections 4141.23 and 4141.27 of the
Revised Code, in regard to the collection of unpaid
contributions, using the final repayment order as the basis for
such action. No administrative or legal proceedings for the
collection of such benefits or interest due shall be initiated
after the expiration of six years from the date on which the
administrator's order requiring repayment became final and the
amount of any benefits or interest not recovered at that time,
and any liens thereon, shall be canceled as uncollectible.
(4) May take action to collect benefits fraudulently
obtained under the unemployment compensation law of any other
state or the United States or Canada. Such action may be
initiated in the courts of this state in the same manner as
provided for unpaid contributions in section 4141.41 of the
Revised Code.
(5) May take action to collect benefits that have been
fraudulently obtained from the bureau, interest pursuant to
division (A)(3) of this section, and court costs, through
attachment proceedings under Chapter 2715. of the Revised Code
and garnishment proceedings under Chapter 2716. of the Revised
Code.
(B) If the administrator finds that an applicant for
benefits has been credited with a waiting period or paid benefits
to which the applicant was not entitled for reasons other than
fraudulent
misrepresentation, the administrator shall:
(1)(a) Within six months after the determination
under which the claimant was credited with that waiting period or
paid benefits
becomes final pursuant to section 4141.28 of the Revised Code, or within three
years after the end of the benefit year in which such benefits were claimed,
whichever is later, by order cancel such waiting period and require that such
benefits be repaid to the bureau of
employment services or be withheld from any benefits to which
such applicant is or may become entitled before any additional
benefits are paid, provided that the repayment or withholding
shall not be required where the overpayment is the result of the
administrator's correcting or amending a prior decision due to a
typographical or clerical error in the administrator's prior
decision, or an error in an employer's report under division
(G)(2) of section 4141.28 of the Revised Code.
(b) The limitation specified in division (B)(1)(a) of this section shall not
apply to cases involving the retroactive
payment of remuneration covering periods for which benefits were
previously paid to the claimant. However, in such cases, the
administrator's order requiring repayment shall not be issued
unless the administrator is notified of such retroactive payment
within six months from the date the retroactive payment was made
to the claimant.
(2) The administrator may, by reciprocal agreement with
the United States secretary of labor or another state, recover
overpayment amounts from unemployment benefits otherwise payable
to an individual under Chapter 4141. of the Revised Code. Any
overpayments made to the individual that have not previously been
recovered under an unemployment benefit program of the United
States may be recovered in accordance with section 303(g) of the
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the
"Federal Unemployment Tax Act," Pub. L. 99-272 53
STAT. 183 (1939), 26 U.S.C.A. 3301 TO 3311.
(3) If the amounts required to be repaid under division
(B) of this section are not recovered within three years from the
date the administrator's order requiring payment became final,
initiate no further action to collect such benefits and the
amount of any benefits not recovered at that time shall be
canceled as uncollectible.
(C) The reconsideration and appeal provisions of section
4141.28 of the Revised Code shall apply to all orders and
determinations issued under this section, except that an
individual's right of appeal under division (B)(2) of this
section shall be limited to this state's authority to recover
overpayment of benefits.
(D) If an individual makes a full repayment or a repayment
that is less than the full amount required by this section, the
administrator shall apply the repayment to the mutualized account
under division (D)(B) of section 4141.25 of the Revised Code,
except
that the administrator shall credit the repayment to the accounts
of the individual's base period employers that previously have
not been credited for the amount of improperly paid benefits
charged against their accounts based on the proportion of
benefits charged against the accounts as determined pursuant to
division (D) of section 4141.24 and division (B) or (C) of
section 4141.33 of the Revised Code.
The administrator shall deposit any repayment collected
under this section that the administrator determines to be payment
of interest
or court costs into the unemployment compensation special
administrative fund established pursuant to section 4141.11 of
the Revised Code.
Sec. 4141.43. (A) The administrator of the bureau of
employment services may cooperate with the industrial commission,
the bureau of workers'
compensation, the United States internal revenue service, the
United States employment service, the department of human
services, and other similar departments and agencies, as
determined by the administrator, in the exchange or disclosure of
information as to wages, employment, payrolls, unemployment, and
other information. The administrator may employ, jointly with
one or more of such agencies or departments, auditors, examiners,
inspectors, and other employees necessary for the administration
of this chapter and employment and training services for workers
in the state.
(B) The administrator may make the state's record relating
to the administration of this chapter available to the railroad
retirement board and may furnish the board at the board's expense
such copies thereof as the board deems necessary for its
purposes.
(C) The administrator may afford reasonable cooperation
with every agency of the United States charged with the
administration of any unemployment compensation law.
(D) The administrator may enter into arrangements with the
appropriate agencies of other states or of the United States or
Canada whereby individuals performing services in this and other
states for a single employer under circumstances not specifically
provided for in division (B) of section 4141.01 of the Revised
Code or in similar provisions in the unemployment compensation
laws of such other states shall be deemed to be engaged in
employment performed entirely within this state or within one of
such other states or within Canada, and whereby potential rights
to benefits accumulated under the unemployment compensation laws
of several states or under such a law of the United States, or
both, or of Canada may constitute the basis for the payment of
benefits through a single appropriate agency under terms that the
administrator finds will be fair and reasonable as to all
affected interests and will not result in any substantial loss to
the unemployment compensation fund.
(E) The administrator may enter into agreements with the
appropriate agencies of other states or of the United States or
Canada:
(1) Whereby services or wages upon the basis of which an
individual may become entitled to benefits under the unemployment
compensation law of another state or of the United States or
Canada shall be deemed to be employment or wages for employment
by employers for the purposes of qualifying claimants for
benefits under this chapter, and the administrator may estimate
the number of weeks of employment represented by the wages
reported to the administrator for such claimants by such other
agency, provided
such other state agency or agency of the United States or Canada
has agreed to reimburse the unemployment compensation fund for
such portion of benefits paid under this chapter upon the basis
of such services or wages as the administrator finds will be fair
and reasonable as to all affected interests;
(2) Whereby the administrator will reimburse other state
or federal or Canadian agencies charged with the administration
of unemployment compensation laws with such reasonable portion of
benefits, paid under the law of such other states or of the
United States or of Canada upon the basis of employment or wages
for employment by employers, as the administrator finds will be
fair and reasonable as to all affected interests. Reimbursements
so payable shall be deemed to be benefits for the purpose of
section 4141.09 and division (A) of section 4141.30 of the
Revised Code. However, no reimbursement so payable shall be charged
against any employer's account for the purposes of section
4141.24 of the Revised Code if the employer's account, under the
same or similar circumstances, with respect to benefits charged
under the
provisions of this chapter, other than this section, would not be
charged or, if the claimant at the time the claimant files the combined wage
claim cannot establish benefit rights under
this chapter. This noncharging shall not be applicable to a nonprofit
organization that has elected to make
payments in lieu of contributions under section 4141.241 of the
Revised Code, except as provided in division (C)(D)(2) of
section
4141.33 4141.24 of the Revised Code. The administrator may
make to other
state or federal or Canadian agencies and receive from such other
state or federal or Canadian agencies reimbursements from or to
the unemployment compensation fund, in accordance with
arrangements pursuant to this section.
(3) Notwithstanding division (B)(2)(f) of section 4141.01
of the Revised Code, the administrator may enter into agreements
with other states whereby services performed for a crew leader,
as defined in division (BB) of section 4141.01 of the Revised
Code, may be covered in the state in which the crew leader
either:
(a) Has his or her THE CREW LEADER'S place of business or from
which his or her THE CREW LEADER'S business
is operated or controlled;
(b) Has his or her residence RESIDES if he or she THE
CREW LEADER has no place of business in
any state.
(F) The administrator may apply for an advance to the
unemployment compensation fund and do all things necessary or
required to obtain such advance and arrange for the repayment of
such advance in accordance with Title XII of the "Social Security
Act" as amended.
(G) The administrator may enter into reciprocal agreements
or arrangements with the appropriate agencies of other states in
regard to services on vessels engaged in interstate or foreign
commerce whereby such services for a single employer, wherever
performed, shall be deemed performed within this state or within
such other states.
(H) The administrator shall participate in any
arrangements for the payment of compensation on the basis of
combining an individual's wages and employment, covered under
this chapter, with the individual's wages and employment covered
under the
unemployment compensation laws of other states which are approved
by the United States secretary of labor in consultation with the
state unemployment compensation agencies as reasonably calculated
to assure the prompt and full payment of compensation in such
situations and which include provisions for:
(1) Applying the base period of a single state law to a
claim involving the combining of an individual's wages and
employment covered under two or more state unemployment
compensation laws, and
(2) Avoiding the duplicate use of wages and employment by
reason of such combining.
(I) The administrator shall cooperate with the United
States department of labor to the fullest extent consistent with
this chapter, and shall take such action, through the adoption of
appropriate rules, regulations, and administrative methods and
standards, as may be necessary to secure to this state and its
citizens all advantages available under the provisions of the
"Social Security Act" that relate to unemployment compensation,
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26
U.S.C.A. 3301 TO 3311, the "Wagner-Peyser Act," (1933) 48
Stat. 113, 29
U.S.C.A. 49, and the "Federal-State Extended Unemployment
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306.
Section 2. That existing sections 2743.55, 4141.01, 4141.05, 4141.06, 4141.07,
4141.09, 4141.16, 4141.17, 4141.20, 4141.21, 4141.22, 4141.24,
4141.241, 4141.25, 4141.26,
4141.28, 4141.29, 4141.291, 4141.301, 4141.312, 4141.33, 4141.35, and 4141.43
and sections
4141.043
and 4141.251 of the Revised Code are hereby repealed.
Section 3. Section 4141.29 of the Revised Code is presented in this act
as a composite of the section as amended by both Am. Sub. H.B. 571 and S.B.
303 of the 120th General Assembly, with the new language of
neither of the acts shown in capital letters. Section 4141.33 of the Revised
Code is presented in this act as a composite of the section as amended by both
Am. Sub. H.B. 152 and Sub. S.B. 154 of the 120th General Assembly, with the
new language of neither of the acts shown in capital letters. Section 4141.43
of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 162 and Am. Sub. H.B. 275 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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