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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 509 |
REPRESENTATIVE CORBIN
A BILL
To amend sections 2301.371, 3111.20, 3113.21, 4141.01, 4141.162,
4141.24, 4141.241, 4141.28, 4141.29, 4141.301, 4141.43, and 5104.11 and to
enact
sections 4141.281, 4141.282, and 4141.283 of the Revised Code to
make changes in the Unemployment Compensation Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2301.371, 3111.20, 3113.21, 4141.01,
4141.162, 4141.24, 4141.241, 4141.28, 4141.29, 4141.301, 4141.43, and 5104.11
be
amended and sections 4141.281, 4141.282, and 4141.283 of the
Revised Code be enacted to read as follows:
Sec. 2301.371. (A) If a child support enforcement agency
discovers pursuant to an investigation conducted under section
2301.37 of the Revised Code that an obligor under a child support
order that it is administering may be receiving unemployment
compensation benefits or if a child support enforcement agency
receives notice or otherwise discovers that an obligor under a
child support order may be receiving unemployment compensation
benefits, the agency promptly shall conduct an investigation to
determine whether the obligor is receiving unemployment
compensation benefits and to determine the amount of the
benefits. The investigation shall be completed within ten days
of the agency's discovery or receipt of the notice.
(B) Upon completion of an investigation conducted under
division (A) of this section, if the agency finds that the obligor is
receiving unemployment compensation benefits, it shall,
in accordance with sections 3111.20 to 3111.28 and, 3113.21 to
3113.219, AND 4141.282
of the Revised Code, division
(D)(4) of section 4141.28 of the Revised Code, and federal law governing
the
bureau
of employment services, notify the bureau of employment services to withhold
or deduct an amount
from the unemployment compensation benefits to
pay child support obligations.
EFFECTIVE FOR
APPLICATIONS TO ESTABLISH UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER
DECEMBER 27, 1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF
UNEMPLOYMENT
BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S WEEKLY BENEFIT
AMOUNT AS DETERMINED BY THE ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT
SERVICES.
The agency may not impose the processing charge pursuant to division
(G)(1) of section 2301.35 of the Revised Code with respect to amounts withheld
or
deducted from unemployment compensation pursuant to this section.
(C) The department of human services shall adopt rules in
accordance with Chapter 119. of the Revised Code to implement this section,
which
rules shall be consistent with division (D)(4) of section
4141.28 4141.282
of the Revised Code and federal law governing the bureau of employment
services.
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29
of the Revised Code:
(1) "Obligor" means the person required to pay support
under an administrative support order.
(2) "Obligee" means the person entitled to receive the
support payments under an administrative support order.
(3) "Administrative support order" means an administrative
order for the payment of support that is issued by a child
support enforcement agency.
(4) "Support" means child support.
(5) "Personal earnings" means compensation paid or payable
for personal services, however denominated, and includes, but is
not limited to, wages, salary, commissions, bonuses, draws
against commissions, profit sharing, and vacation pay.
(6) "Financial institution" means a bank, savings and loan
association, or credit union, or a regulated investment company
or mutual fund in which a person who is required to pay support
has funds on deposit that are not exempt under the law of this
state or the United States from execution, attachment, or other
legal process.
(7) "Title IV-D case" means any case in which the child
support enforcement agency is enforcing the support order
pursuant to Title IV-D of the "Social Security Act," 88 Stat.
2351 (1975), 42 U.S.C. 651, as amended.
(8) "Payor" means any person or
entity that distributes income to an obligor including the obligor, if
the
obligor is self-employed; an
employer; an employer that is paying the obligor's workers' compensation
benefits; the public employees retirement board; the governing
entity of any municipal
retirement system; the board of trustees of the Ohio police
and fire pension fund; the state teachers retirement
board; the school
employees retirement board; the state highway patrol
retirement board; a person paying or otherwise distributing an
obligor's income; the bureau of workers' compensation; or any other person or
entity, except the
bureau of employment services with respect to unemployment
compensation benefits paid pursuant to Chapter
4141. of the Revised Code.
(9) "Income" means any form of monetary payment,
including personal earnings; unemployment compensation benefits
to the extent
permitted by, and in accordance with, section SECTIONS 2301.371
of the
Revised Code, division (D)(4) of
section 4141.28 AND 4141.282 of the Revised Code, and
federal
law governing the bureau of employment services; workers'
compensation payments; pensions;
annuities; allowances;
retirement benefits; disability or sick pay; insurance proceeds;
lottery prize awards; federal, state, or local government
benefits to the extent that the benefits can be withheld or
deducted under the law governing the benefits; any form of trust
fund or endowment; lump-sum payments; and any other monetary payments.
(B) A man who is presumed to be the natural
father of a child pursuant to section 3111.03 of the Revised Code assumes
the parental duty of support with
respect to the child.
(C) Notwithstanding section 3109.01 of the Revised Code, a
parent's duty of support for a child shall continue beyond the
age of majority as long as the child continuously attends on a
full-time basis any recognized and accredited high school
or a court-issued child support order provides that the duty of support
continues beyond the age of majority. Except in cases in which
a child support order requires the duty of support to continue for any period
after the child reaches nineteen years of age, the duty does
not continue after the child reaches nineteen years of age. The
parental duty of support shall continue during seasonal
vacations.
A parent, guardian, or legal custodian of a child, the person with whom the
child resides, or the child support enforcement
agency of the county in which the child, parent,
guardian, or legal
custodian of the child resides may file a complaint pursuant to
section 2151.231 of the Revised Code in the juvenile court of
that county requesting the court to order a parent who neglects
or does not assume the parental duty of support to pay an amount
for the support of the child and to provide for the health care needs of the
child, may
contact a child support
enforcement agency for assistance in obtaining the order, or may
request an administrative officer of a child support enforcement
agency to issue an administrative order for the payment of child
support and providing for the health care needs of the child pursuant
to division (D) of this section. Upon the
filing of the complaint or the making of the request, the court
shall issue an order requiring the payment of support for the
child and providing for the health care needs of the child, pursuant to
section 2151.231 of the Revised Code, or the
administrative officer, pursuant to division (D) of this section,
shall issue an order requiring the payment of support for the child and
providing for the health care needs of the child.
A party to a request made under this division may raise the issue of the
existence or nonexistence of a parent-child relationship between the presumed
natural father and the child unless the presumption is based on
acknowledgment of paternity that has become final pursuant to section
2151.232, 3111.211, or 5101.314 of
the Revised Code. If a request is made for an
administrative
order providing for support and health care needs
pursuant to division (D) of this section and the issue of
the existence or nonexistence of a parent-child relationship is raised, the
administrative officer shall treat the request as a request made pursuant to
section 3111.22 of the Revised Code and determine the issue pursuant to that
section. An administrative order issued pursuant to
division
(D) of this section does not preclude a party from requesting a
determination of the issue of the existence or nonexistence of a
parent-child relationship pursuant to this
chapter if the issue was not
determined with
respect to the party in the proceedings conducted pursuant to division
(D) of this section or pursuant to an acknowledgment of paternity that has
become final under section 2151.232, 3111.211, or 5101.314 of the Revised
Code. An order
issued pursuant to division
(D) of this section shall remain effective until a final and
enforceable determination is made pursuant to this chapter that a parent-child
relationship does not exist between the presumed natural father and the child
or until the occurrence of an event described in division
(E)(4)(a) of section 3111.23 of the Revised Code that requires the order
to be terminated.
(D) If a request is made pursuant to division (C) of this
section or division (A) of section 3111.211 of the Revised Code for an
administrative order requiring the payment of
child support and providing for the health care needs of the child, the
administrative officer shall schedule an
administrative hearing to determine, in accordance with sections
3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount
of child support either parent is required to pay, the
method
of paying that child support, and the method of providing for the
child's health care. The hearing shall be held not
later than sixty days after the request is made pursuant to division
(A) of this section
or division (A) of section 3111.211 of the Revised Code
nor earlier than thirty days after the officer gives the
mother and father of the child notice of the action. When an
administrative officer issues an administrative order for the
payment of support and provision for the child's health care, all of
the following apply:
(1) The administrative support order shall
require periodic payments of
support that may vary in
amount, except that, if it is in the best interest
of the child, the administrative
officer may order a lump sum payment or the purchase of an
annuity in lieu of periodic payments of support.
(2) The administrative support order shall require the parents to provide
for the health care needs of the child in accordance with section 3111.241
of the Revised Code.
The administrative support order shall include a notice stating that the
mother or the father
may object to the administrative order by bringing an action for the
payment of support and provision for the child's health care under
section 2151.321 of the Revised Code in
the juvenile court of the county in which the child or the
guardian or legal custodian of the child resides, that the action
may be brought no later than thirty days after the date of the
issuance of the administrative support order, and that, if neither the
mother nor the father
brings an action for the payment of support and provision for the child's
health care within that
thirty-day period, the administrative support order is final and
enforceable by a court and may be modified and
enforced only as provided in sections 3111.20 to
3111.28 and 3113.21 to 3113.219 of the Revised
Code.
Sec. 3113.21. (A)(1) In any action in which support is
ordered under Chapter 3115. or under section 2151.23, 2151.231,
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the court
shall require the withholding or deduction of income or
assets of the obligor in accordance with division (D) of this
section or require the issuance of another type of appropriate
court order in accordance with division (D)(3) or
(4) or (H) of
this section to ensure that withholding or deduction from the
income or assets of the obligor is available from the
commencement
of the support order for the collection of the support and any
arrearages that occur. The court shall determine the specific
withholding or deduction requirements or other appropriate
requirements applicable to the obligor under the support order in
accordance with divisions (D) and (H) of this section and section
2301.371 of the Revised Code and shall include the specific
requirements in the notices described in divisions (A)(2) and (D)
of this section or in the court orders described in divisions
(A)(2), (D)(3) or (4), and (H) of this
section. Any person
required to comply with any withholding or deduction requirement
shall determine the manner of withholding or deducting from the
specific requirement included in the notices described in those
divisions without the need for any amendment to the support
order, and any person required to comply with a court order
described in division (D)(3), (D)(4), or
(H) of this section
shall comply with the court order without the need for any
amendment to the support order. The court shall include in any action in
which support is ordered as described in division (A)(1) of this
section a general provision that states the following:
"All child support and spousal support under this
order shall be withheld or deducted from the income or
assets of
the obligor pursuant to a withholding or deduction
notice or appropriate court order issued in accordance with section
3113.21 of
the Revised Code or a withdrawal directive issued pursuant to section
3113.214 of the Revised Code and shall be forwarded to the obligee in accordance with
sections 3113.21 to 3113.213 of the
Revised Code."
(2) In any action in which support is ordered or modified
as described in division (A)(1) of this section, the court shall
determine in accordance with divisions (D) and (H) of this
section the types of withholding or deduction requirements or
other appropriate requirements that should be imposed relative to
the obligor under the support order to collect the support due
under the order. Within fifteen days after the obligor under the
support order is located subsequent to the issuance of the
support order or within fifteen days after the default
under the
support order, whichever is applicable, the court or the child
support enforcement agency, as determined by agreement of the
court and the agency, shall send a notice by regular mail to each
person required to comply with a withholding or deduction
requirement. The notice shall specify the withholding or
deduction requirement and shall contain all of the information
set forth in division (D)(1)(b) or (2)(b) of this section that is
applicable to the requirement. If
the appropriate requirement is an order of the type described in
division (D)(3), (D)(4), or (H) of this
section, the court shall issue and send a court order in accordance with that
division. The notices and court orders, and the notices provided by the court
or child support enforcement agency that require the obligor to notify the
agency of any change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are
enforceable by the court. When the court or agency issues a notice, it shall
provide the notice to the obligor in accordance with division
(D)(1)(c) or (D)(2)(c) of this
section, whichever is applicable, and shall include with the
notice the additional notices described in the particular
division that is applicable.
(3)(a) If support is ordered or modified on or after
December 31, 1993, under Chapter 3115. or under section 2151.23,
2151.231, 2151.232, 2151.33,
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if the court
has determined in accordance with division (A)(2) of this section
the types of withholding or deduction requirements or other
appropriate requirements that should be imposed relative to the
obligor under the support order to collect the support due under
the order, if the court or a child support enforcement agency has
mailed the appropriate notice to the person required to comply
with the withholding or deduction requirements that the court has
determined should be imposed or the court has issued and sent a
court order described in division (D)(3),
(D)(4), or (H) of this
section containing the other appropriate requirements that the
court determined should be imposed, and if the child support
enforcement agency is notified or otherwise determines that the
employment status or other circumstances of the obligor have
changed and that it is more appropriate to impose another type of
or an additional withholding or deduction requirement or another
type of or additional court order containing another appropriate
requirement, the agency immediately shall comply with section
3113.212 of the Revised Code. The notices and court orders
issued under this division and section 3113.212 of the Revised
Code, and the notices provided by the court or child support
enforcement agency that require the obligor to notify the agency of any change
in the obligor's employment status or of any other change in the status of the
obligor's assets,
are final and are enforceable by the court.
(b) All orders for support issued
prior to December 31,
1993, under Chapter 3115. or under section 2151.23, 2151.231, 2151.33,
2151.36,
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,
3113.07, 3113.216, or 3113.31 of the Revised Code that have not been
modified or subject to division
(B) of this section regarding a default under the order on
or after that date
shall be considered to contain the general provision described in division
(A)(1) of this section and shall be enforced and modified in the same
manner as an order for support issued on or after December 31, 1993.
(4) The department of human services shall adopt standard
forms for the support withholding and deduction notices that are
prescribed by divisions (A)(1) to (3) and (B) of this section.
All courts and child support enforcement agencies shall use the
forms in issuing withholding and deduction notices in compliance
with this section.
(B)(1)(a) In any action in which support is ordered under
Chapter 3115. or under section 2151.23, 2151.231, 2151.232,
2151.33, 2151.36, 2151.49,
3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20,
3111.211, 3111.22, 3113.04, 3113.07, 3113.216,
or 3113.31 of the Revised Code and in which there has been a
default under the order, the court shall comply with divisions
(B)(1) to (6) of this section.
If the support was ordered prior to December 31, 1993, or pursuant
to section 3111.20, 3111.211, or 3111.22 of the
Revised
Code, the
court that issued the order, or in the case of an order pursuant to section
3111.20, 3111.211, or 3111.22 of the Revised Code, the common pleas court of the county in
which the child support enforcement agency that issued the order is
located, shall reissue the support order under which there has been
a default and
shall include in the reissued order a general
provision as described in this division requiring the withholding
or deduction of income or assets of the obligor in
accordance with
division (D) of this section or requiring the issuance of a court
order containing another type of appropriate requirement in
accordance with division (D)(3), (D)(4),
or (H) of this section
to ensure that withholding or deduction from the income or
assets
is available for the collection of current support and
any arrearages that occur. If the support was ordered pursuant to section
3111.20, 3111.211, or 3111.22 of the
Revised Code and the support order includes a general provision similar to the
one described in this division,
the court shall replace the similar general provision with the general
provision described in this division. Except for the inclusion or replacement
of the general
provision, the provisions of the reissued order required under
this division shall be identical to those of the support order
under which there has been a default.
When support
has been ordered under any chapter or section described in this
division, the child support enforcement agency shall initiate
support withholding when the order is in default. Immediately
after the identification of a default under the
support order, the
child support enforcement agency shall conduct the investigation
described in division (B)(1)(b) of this section. Additionally,
within fifteen calendar days after the identification of a
default under the support order, the child support enforcement
agency shall investigate the default and, if it is
before July 1, 1999, send advance notice to the obligor. On and after that
date, the division of child support in
the department of human services shall send the advance notice to
the obligor. The advance notice shall include
a notice describing the actions that may be taken against the obligor
pursuant to sections 2301.353, 2301.373,
2301.374, 2301.375, 2301.42 to 2301.45, and
3113.214 of the Revised Code if the court or agency
makes a final and enforceable determination that the obligor is in default
pursuant to this division. If
the location of the obligor is unknown at the
time of the identification of a default under the support order,
the division shall send the advance notice to the obligor within
fifteen days after the agency locates the obligor. The general
provision for the withholding or deduction of income or
assets to
be included in the reissued support order specifically shall
include the following statement:
"All child support and spousal support under this
order shall be withheld or deducted from the income or
assets of
the obligor pursuant to a withholding or deduction
notice or appropriate court order issued in accordance with section
3113.21 of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to the obligee in
accordance with sections 3113.21 to 3113.213 of the
Revised Code."
(b) After the identification of a default under a support
order as described in division (B)(1)(a) of this section, the
child support enforcement agency immediately shall conduct an
investigation to determine the employment status of the obligor,
the obligor's social security number, the name and business
address of the obligor's employer, whether the obligor is in
default under a support order, the amount of any arrearages, and
any other information necessary to enable the court or agency to
impose any withholding or deduction requirements and issue the
related notices described in division (D) of this section or to
issue any court orders described in division (D)(3) or
(4) of
this section. The agency also shall conduct an investigation
under this division when required by division (C)(1)(a) or (b) of
this section, shall complete the investigation within twenty days
after the obligor or obligee files the motion with the court
under division (C)(1)(a) of this section or the court orders the
investigation under division (C)(1)(b) of this section.
(2) An advance notice to an obligor required by division
(B)(1) of this section shall contain all of the following:
(a) A statement of the date on which the advance notice is
sent, the amount of arrearages owed by the obligor as determined
by the court or the child support enforcement agency, the types
of withholding or deduction requirements and related notices
described in division (D) of this section or the types of court
orders described in division (D)(3),
(D)(4), or (H) of this
section that will be issued to pay support and any arrearages,
and the amount that will be withheld or deducted pursuant to
those requirements;
(b) A statement that any notice for the withholding or
deduction of an amount from income or
assets apply to all current and subsequent
payors of the obligor and
financial institutions in which the obligor has an account and that any
withholding or deduction requirement and
related notice described in division (D) of this section or any
court order described in division (D)(3),
(D)(4), or (H) of this
section that is issued will not be discontinued solely because
the obligor pays any arrearages;
(c) An explanation of the administrative and court action
that will take place if the obligor contests the inclusion of any
of the provisions;
(d) A statement that the contents of the advance notice
are final and are enforceable by the court unless the obligor
files with the child support enforcement agency, within seven
days after the date on which the advance notice is sent, a
written request for an administrative hearing to determine if a
mistake of fact was made in the notice.
(3) If the obligor requests a hearing regarding the
advance notice in accordance with division (B)(2)(d) of this
section, the child support enforcement agency shall conduct an
administrative hearing no later than ten days after the date on
which the obligor files the request for the hearing. No later
than five days before the date on which the hearing is to be
conducted, the agency shall send the obligor and the obligee
written notice of the date, time, place, and purpose of the
hearing. The notice to the obligor and obligee also shall
indicate that the obligor may present testimony and evidence at
the hearing only in regard to the issue of whether a mistake of
fact was made in the advance notice.
At the hearing, the child support enforcement agency shall
determine whether a mistake of fact was made in the advance
notice. If it determines that a mistake of fact was made, the
agency shall determine the provisions that should be changed and
included in a corrected notice and shall correct the advance
notice accordingly. The agency shall send its determinations to
the obligor. The agency's determinations are final and are
enforceable by the court unless, within seven days after the
agency makes its determinations, the obligor files a written
motion with the court for a court hearing to determine if a
mistake of fact still exists in the advance notice or corrected
advance notice.
(4) If, within seven days after the agency makes its
determinations under division (B)(3) of this section, the obligor
files a written motion for a court hearing to determine if a
mistake of fact still exists in the advance notice or the
corrected advance notice, the court shall hold a hearing on the
request as soon as possible, but no later than ten days, after
the request is filed. If the obligor requests a court hearing,
no later than five days before the date on which the court
hearing is to be held, the court shall send the obligor and the
obligee written notice by ordinary mail of the date, time, place,
and purpose of the court hearing. The hearing shall be limited
to a determination of whether there is a mistake of fact in the
advance notice or the corrected advance notice.
If, at a hearing conducted under this division, the court
detects a mistake of fact in the advance notice or the corrected
advance notice, it immediately shall correct the notice.
(5) Upon exhaustion of all rights of the obligor to
contest the withholding or deduction on the basis of a mistake of
fact and no later than the expiration of forty-five days after
the issuance of the advance notice under division (B)(1) of this
section, the court or child support enforcement agency shall
issue one or more notices requiring withholding or deduction of
income or assets of the obligor in accordance with
divisions
(A)(2) and (D) of this section, or the court shall issue one or
more court orders imposing other appropriate requirements in
accordance with division (A)(2) and division (D)(3),
(D)(4), or
(H) of this section. Thereafter, section 3113.212 of the Revised
Code applies in relation to the issuance of the notices and court
orders. The notices and court orders issued under this division
or section 3113.212 of the Revised Code are final and are
enforceable by the court. The court or agency shall send to the
obligor by ordinary mail a copy of the withholding or deduction
notice, in accordance with division (D) of this section. The
failure of the court or agency to give the notice required by
this division does not affect the ability of any court to issue
any notice or order under this section or any other section of
the Revised Code for the payment of support, does not provide any
defense to any notice or order for the payment of support that is
issued under this section or any other section of the Revised
Code, and does not affect any obligation to pay support.
(6) The department of human services shall adopt standard
forms for the advance notice prescribed by divisions (B)(1) to
(5) of this section. All courts and child support enforcement
agencies shall use those forms, and the support withholding and
deduction notice forms adopted under division (A)(4) of this
section, in complying with this section.
(C)(1) In any action in which support is ordered under
Chapter 3115. or under section 2151.23, 2151.231, 2151.232,
2151.33, 2151.36, 2151.49,
3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,
3113.07,
3113.216, or 3113.31 of the Revised Code, all of the following apply:
(a) The obligor or obligee under the order may file a
motion with the court that issued the order requesting the
issuance of one or more withholding or deduction notices as
described in division (D) of this section to pay the support due
under the order. The motion may be filed at any time after the
support order is issued. Upon the filing of a motion pursuant to
this division, the child support enforcement agency immediately
shall conduct, and shall complete within twenty days after the
motion is filed, an investigation in accordance with division
(B)(1)(b) of this section. Upon the completion of the
investigation and the filing of the agency's report under
division (B)(1)(b) of this section, the court shall issue one or
more appropriate orders described in division (D) of this
section.
(b) If any proceedings involving the support order are commenced
in the court and if the court has not issued any orders under division (D) of
this
section as it existed prior to December 31,
1993, with respect to the support order, if the court
determines that any orders issued under division (D) of this section as it
existed prior
to December 31, 1993, no longer are
appropriate, if the court on or after December 31,
1993, has not modified or
reissued the support order under
division (A) or (B) of this section and issued any notices under
division (D) or court orders under division (D)(3) or
(4) of this
section, or if the court on or after December 31, 1993,
has modified or
reissued the support order under
division (A) or (B) of this section and issued one or more
notices under division (D) or one or more court orders under
division (D)(3) or (4) of this section
but determines that the
notices or court orders no longer are appropriate, the court,
prior to or during any hearings held with respect to the
proceedings and prior to the conclusion of the proceedings, shall
order the child support enforcement agency to conduct an
investigation pursuant to division (B)(1)(b) of this section. Upon the filing
of the findings of the agency following the
investigation, the court, as necessary, shall issue one or more
notices described in division (D) or one or more court orders
described in division (D)(3) or (4) of
this section or modify any
notices previously issued under division (D) or any court orders
previously issued under division (D)(3) or
(4) of this section.
(c)(i) If a child support enforcement agency, in
accordance with section 3113.216 of the Revised Code, requests
the court to issue a revised child support order in accordance
with a revised amount of child support calculated by the agency,
the court shall proceed as described in this division. If
neither the obligor nor the obligee requests a court hearing on
the revised amount of child support, the court shall issue a
revised child support order requiring the obligor to pay the
revised amount of child support calculated by the agency.
However, if the obligor or the obligee requests a court hearing
on the revised amount of child support calculated by the agency,
the court, in accordance with division (C)(1)(c)(ii) of this
section, shall schedule and conduct a hearing to determine if the
revised amount of child support is the appropriate amount and if
the amount of child support being paid under the child support
order otherwise should be revised.
(ii) If the court is required to schedule and conduct a
hearing pursuant to division (C)(1)(c)(i) of this section, the
court shall give the obligor, obligee, and agency at least thirty
days' notice of the date, time, and location of the hearing;
order the obligor to provide the court with a copy of the
obligor's federal income tax return from the previous year, a
copy of all pay stubs obtained by the obligor within the
preceding six months, a copy of all other records evidencing
the receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group health
insurance and health care policies, contracts, and plans available to the
obligor and their costs, and the current health insurance or health care
policy, contract, or plan under which the obligor is enrolled and its
cost, if the obligor failed to
provide any of those documents to the agency, and order the
obligee to provide the court with a copy of the obligee's federal
income tax return from the previous year, a copy of all pay stubs
obtained by the obligee within the preceding six months, a
copy of all other records evidencing the receipt of any other
salary, wages, or compensation by the obligee within the
preceding six months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their costs, and
the current health insurance or health care policy, contract, or plan under
which the obligee is enrolled and its cost, if the obligee failed
to provide any of
those documents to the agency; give the obligor and the obligee
notice that any willful failure to comply with that court order
is contempt of court and, upon a finding by the court that the
party is in contempt of court, the court and the agency will take
any action necessary to obtain the information or make any
reasonable assumptions necessary with respect to the
information
the person in contempt of court did not provide to ensure a fair and
equitable
review of the child support order; issue a revised child support
order requiring the obligor to pay the revised amount of child
support calculated by the agency, if the court determines at the
hearing that the revised amount of child support calculated by
the agency is the appropriate amount; and determine the
appropriate amount of child support and, if necessary, issue a
revised child support order requiring the obligor to pay the
amount of child support determined by the court, if the court
determines that the revised amount of child support calculated by
the agency is not the appropriate amount.
(iii) In determining, at a hearing conducted under
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate
amount of child support to be paid by the obligor, the court
shall consider, in addition to all other factors required by law
to be considered, the appropriate person, whether it is the obligor,
obligee, or both, to be required in accordance with section 3113.217 of the
Revised Code to
provide health insurance coverage for the children specified in the order,
and the cost of health insurance which the obligor,
the obligee, or both have been
ordered in accordance with section 3113.217 of the Revised Code to obtain for
the children specified in the order.
(d)(i) An obligee under a child
support order may file a motion with the court that issued the
order requesting the court to modify the order to require the
obligor to obtain health insurance coverage for the children who
are the subject of the order, and an
obligor under a child support order may file a motion with the
court that issued the order requesting the court to modify the
order to require the obligee to obtain health insurance coverage
for those children. Upon the filing of such a motion, the court
shall order the child support enforcement agency to conduct an
investigation to determine whether the obligor or obligee has
satisfactory health insurance coverage for the children. Upon
completion of its investigation, the agency shall inform the
court, in writing, of its determination. If the court determines
that neither the obligor nor the obligee has satisfactory health
insurance coverage for the children, it shall modify
the child support order in
accordance with section 3113.217 of the Revised Code.
(ii) An obligor or obligee under
a child support order may file a motion with the court that
issued the order requesting the court to modify the amount of
child support required to be paid under the order because that
amount does not adequately cover the medical needs of the child. Upon the
filing of such a motion, the court shall determine
whether the amount of child support required to be paid under the
order adequately covers the medical needs of the child and
whether to modify the order, in accordance with division (B)(4)
of section 3113.215 of the Revised Code.
(e) Whenever a court modifies, reviews, or otherwise
reconsiders a child support order, it may reconsider which parent
may claim the children who are the subject of the child support
order as dependents for federal income tax purposes as set forth
in section 151 of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 1, as amended, and shall issue its determination
on this issue as part of the child support order. The court in
its order may permit the parent who is not the residential parent
and legal custodian to claim the children as dependents for
federal income tax purposes only if the payments for child
support are current in full as ordered by the court for the year
in which the children will be claimed as dependents. If the
court determines that the parent who is not the residential
parent and legal custodian may claim the children as dependents
for federal income tax purposes, it shall order the residential
parent to take whatever action is necessary pursuant to section
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C. 1, as amended, to enable the parent who is not the
residential parent and legal custodian to claim the children as
dependents for federal income tax purposes in accordance with the
order of the court. Any willful failure of the residential
parent to comply with the order of the court is contempt of
court.
(f) When issuing or
modifying a child support order, the court shall include in the
order all of the requirements, specifications, and statements
described in division (B) of section 3113.218 of the Revised Code. If the
obligor or obligee does not request a court hearing
on the revised amount of child support determined by the agency
and filed with the court pursuant to section 3113.216 of the
Revised
Code and the court modifies the
order to include the revised amount pursuant to division
(C)(1)(c)(i) of this section, the
modification shall relate back to the first day of the month following the
date certain on which the review of the child support order began pursuant to
division (C)(1)(a) of section 3113.216 of the Revised Code. If the obligor or
obligee requests a court hearing on the revised amount of child
support pursuant to this section and section 3113.216 of the
Revised Code
and the court, after conducting a hearing, modifies the
child support amount under the order, the modification shall
relate back to the
first day of the month following the date certain on which the review of the
child support order began pursuant to division (C)(1)(a) of
section 3113.216
of the Revised Code.
(2) In any action in which a support order is issued under Chapter 3115. or
under section
2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49,
3105.18, 3105.21, 3109.05, 3109.19, 3111.13,
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the
court issuing the order also shall conduct a hearing, prior to or
at the time of the issuance of the support order, to determine
the employment status of the obligor, the obligor's social
security number, the name and business address of the obligor's
employer, and any other information necessary to enable the court
or a child support enforcement agency to issue any withholding or
deduction notice described in division (D) of this section or for
the court to issue a court order described in division
(D)(3) or
(4) of this section. The court, prior to the hearing,
shall give
the obligor notice of the hearing that shall include the date on
which the notice is given and notice that the obligor is subject
to a requirement for the withholding of a specified amount from
income if employed and to one or more other
types of withholding or deduction requirements described in
division (D) OF THIS SECTION or one or more types of court orders
described in
division (D)(3) or (4) of this section
and that the obligor may
present evidence and testimony at the hearing to prove that any
of the requirements would not be proper because of a mistake of
fact.
The court or child support enforcement agency, immediately
upon the court's completion of the hearing, shall issue one or
more of the types of notices described in division (D) of this
section imposing a withholding or deduction requirement, or the
court shall issue one or more types of court orders described in
division (D)(3) or (4) of this section.
(D) If a court or child support enforcement agency is
required under division (A), (B), or (C) of this section or any
other section of the Revised Code to issue one or more
withholding or deduction notices described in this division or
court orders described in division (D)(3) or
(4) of this section,
the court shall issue one or more of the following types of
notices or court orders, or the agency shall issue one or more of
the following types of notices to pay the support required under
the support order in question and also, if required by any of
those divisions, any other section of the Revised Code, or the
court, to pay any arrearages:
(1)(a) If the court or the child support enforcement
agency determines that the obligor is receiving income from
a payor, the court or
agency shall require the obligor's payor to withhold
from the
obligor's income a specified amount for
support in
satisfaction of the support order, to begin the withholding no
later than fourteen
working days following the date the notice was mailed to the
employer under divisions (A)(2) or (B) and (D)(1)(b) of this
section
or, if the payor is an employer, no later than the first pay period that
occurs after fourteen working days following the date the notice was
mailed, to send the amount withheld to the division of child
support
in the department of
human services pursuant to
section
5101.325 of the Revised Code, to send that amount to
the division
immediately but not later than seven days after the date the
obligor is paid, and to continue the withholding at intervals
specified in the notice until further notice from the court or
child support enforcement agency. To the extent possible, the amount
specified in the
notice to be withheld shall satisfy the amount ordered for
support in the support order plus any arrearages that may be owed
by the obligor under any prior support order that pertained to
the same child or spouse, notwithstanding any applicable
limitations of
sections 2329.66, 2329.70, 2716.02, 2716.041, and 2716.05 of the
Revised
Code. However, in no case shall the sum of the amount specified
in the notice to be withheld and any fee withheld by the
payor
as a charge for its services exceed the maximum amount permitted
under section 303(b) of the "Consumer Credit Protection Act," 15
U.S.C. 1673(b).
(b) If the court or agency imposes a withholding
requirement under division (D)(1)(a) of this section, it, within
the applicable period of time specified in division (A), (B), or
(C) of this section, shall send to the obligor's payor
by
regular mail a notice that contains all of the information set
forth in divisions (D)(1)(b)(i) to (xi) of this section. The
notice is final and is enforceable by the court. The notice
shall contain all of the following:
(i) The amount to be withheld from the obligor's income
and
a statement that the amount actually withheld for support and
other purposes, including the fee described in division
(D)(1)(b)(xi) of this section, shall not be in excess of the
maximum amounts permitted under section 303(b) of the "Consumer
Credit Protection Act," 15 U.S.C. 1673(b);
(ii) A statement that the payor is required to send
the
amount withheld to the division of child support
immediately, but not later than seven working days, after
the
obligor is paid and is required to report to the
agency the date on which the amount was withheld from the
obligor's income;
(iii) A statement that the withholding is binding upon the
payor until further notice from the agency;
(iv) A statement that if the payor is an employer,
the payor is subject to a fine to
be determined under the law of this state for discharging the
obligor from employment, refusing to employ the obligor, or
taking any disciplinary action against the obligor because of the
withholding requirement;
(v) A statement that, if the payor fails to withhold
income in accordance with the provisions of the notice,
the payor is liable for the accumulated amount the
payor should
have withheld from the obligor's income;
(vi) A statement that the withholding in accordance with
the notice and under the provisions of this section has priority
over any other legal process under the law of this state against
the same income;
(vii) The date on which the notice was mailed and a
statement that the payor is required to implement the
withholding no later than
fourteen working days following the date the notice was mailed or, if the
payor is an employer, no later than the first pay period that occurs after
fourteen working days following the date the notice was mailed and is
required to continue the withholding at the intervals
specified in the notice;
(viii) A requirement that the payor promptly notify the
child support enforcement agency, in writing, within ten working
days after the date of any situation that occurs
including termination of employment, layoff of the obligor from
employment,
any leave of absence of the obligor from employment without pay, termination
of workers' compensation benefits, or termination of any pension, annuity,
allowance, or retirement benefit,
in which the
payor ceases to pay
income in an amount sufficient
to comply with the order to the obligor, provide the agency with
the obligor's last known address, notify the agency of any new employer
or income source, if known, and
provide the agency with any
new employer's or income source's name, address, and telephone number,
if known;
(ix) A requirement that, if the payor is an
employer, THE PAYOR identify in the
notification given under division (D)(1)(b)(viii) of this section
any types of benefits other than personal earnings that the
obligor is receiving or is eligible to receive as a benefit of
employment or as a result of the obligor's termination of
employment, including, but not limited to, unemployment
compensation, workers' compensation benefits, severance pay, sick
leave, lump-sum payments of retirement benefits or contributions,
and bonuses or profit-sharing payments or distributions, and the
amount of such benefits, and include in the notification the
obligor's last known address and telephone number, date of birth,
social security number, and court case number and, if known, the
name and business address of any new employer of the obligor;
(x) A requirement that, no later than the earlier of
forty-five days before the lump-sum payment is to be made or, if
the obligor's right to the lump-sum payment is determined less
than forty-five days before it is to be made, the date on which
that determination is made, the payor notify the child
support
enforcement agency of any lump-sum payments of any kind of
one hundred fifty dollars or more that are to be paid to the
obligor, hold
the lump-sum payments of one hundred fifty dollars
or more for thirty
days after the date on which the lump-sum payments otherwise
would have been paid to the obligor and, upon
order of the court, pay any specified amount of the lump-sum
payment to the division of child support;
(xi) A statement that, in addition to the amount withheld
for support, the payor may withhold a fee from the
obligor's
income as a charge for its services in complying with
the
notice and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in
division (D)(1)(b) of this section to the obligor and shall
attach to the notice an additional notice requiring the obligor
immediately to notify the child support enforcement agency, in
writing, of any change in the obligor's income source and of the
availability of any other sources of
income that can be the subject of any withholding or deduction
requirement described in division (D) of this section. The court
or agency shall serve the notices upon the obligor at the same
time as service of the support order or, if the support order
previously has been issued, shall send the notices to the obligor
by regular mail at the last known address at the same time that
it sends the notice described in division (D)(1)(b) of this
section to the payor. The notification required of the
obligor shall include a description of the nature of any new
employment or income source, the name, business
address, and telephone number of any new employer or income
source,
and any other information reasonably required by the court. No obligor
shall fail to give the notification required by division
(D)(1)(c) of this section.
(2)(a) If the court or child support enforcement agency
determines that the obligor has funds on deposit in any account
in a financial institution under the jurisdiction of the court,
the court or agency may require any financial institution in
which the obligor's funds are on deposit to deduct from the
obligor's account a specified amount for support in satisfaction
of the support order, to begin the deduction no later than
fourteen working days following the date the notice was mailed to
the financial institution under divisions (A)(2) or (B) and
(D)(2)(b) of this section, to send the amount deducted to
the
division of child support in the department of human services
pursuant to section 5101.325 of the Revised Code, to
send that
amount to the division immediately but not later than
seven working days
after the date the latest deduction was made, to provide the date
on which the amount was deducted, and to continue the deduction
at intervals specified in the notice until further notice from
the court or child support enforcement agency. To the extent possible,
the amount
specified in the notice to be deducted shall satisfy the amount
ordered for support in the support order plus any arrearages that
may be owed by the obligor under any prior support order that
pertained to the same child or spouse, notwithstanding the
limitations of sections 2329.66, 2329.70, and 2716.13 of the
Revised Code.
(b) If the court or agency imposes a withholding
requirement under division (D)(2)(a) of this section, it,
within
the applicable period of time specified in division (A), (B), or
(C) of this section, shall send to the financial institution by
regular mail a notice that contains all of the information set
forth in divisions (D)(2)(b)(i) to (viii) of this section.
The
notice is final and is enforceable by the court. The notice
shall contain all of the following:
(i) The amount to be deducted from the obligor's account;
(ii) A statement that the financial institution is
required to send the amount deducted to the division of child support
immediately, but not later than
seven working
days, after the date the last deduction was made and is required
to report to the child support enforcement agency the date on which the
amount was deducted
from the obligor's account;
(iii) A statement that the deduction is binding upon the
financial institution until further notice from the court or
agency;
(iv) A statement that the withholding in accordance with
the notice and under the provisions of this section has priority
over any other legal process under the law of this state against
the same account;
(v) The date on which the notice was mailed and a
statement that the financial institution is required to implement
the deduction no later than fourteen working days following the
date the notice was mailed and is required to continue the
deduction at the intervals specified in the notice;
(vi) A requirement that the financial institution promptly
notify the child support enforcement agency, in writing, within
ten days after the date of any termination of the account from
which the deduction is being made and notify the agency, in
writing, of the opening of a new account at that financial
institution, the account number of the new account, the name of
any other known financial institutions in which the obligor has
any accounts, and the numbers of those accounts;
(vii) A requirement that the financial institution include
in all notices the obligor's last known mailing address, last
known residence address, and social security number;
(viii) A statement that, in addition to the amount
deducted for support, the financial institution may deduct a fee
from the obligor's account as a charge for its services in
complying with the notice and a specification of the amount that
may be deducted.
(c) The court or agency shall send the notice described in
division (D)(2)(b) of this section to the obligor and shall
attach to the notice an additional notice requiring the obligor
immediately to notify the child support enforcement agency, in
writing, of any change in the status of the account from which
the amount of support is being deducted or the opening of a new
account with any financial institution, of commencement of
employment, including self-employment, or of the availability of
any other sources of income that can be the subject of any
withholding or deduction requirement described in division (D) of
this section. The court or agency shall serve the notices upon
the obligor at the same time as service of the support order or,
if the support order previously has been issued, shall send the
notices to the obligor by regular mail at the last known address
at the same time that it sends the notice described in division
(D)(2)(b) of this section to the financial institution.
The
additional notice also shall specify that upon
commencement of employment, the obligor may request the court or child
support enforcement agency to cancel its financial institution
account deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support
in accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial
institution account deduction notice under division
(D)(2)(b) of
this section and instead will issue a notice requiring the
withholding of an amount from personal earnings for support
in accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description
of the nature of any new accounts opened at a financial
institution under the jurisdiction of the court, the name and
business address of that financial institution, a description of
the nature of any new employment or income source, the name, business address,
and telephone number
of any new employer or income source, and any other information
reasonably
required by the court.
(3) The court may issue an order requiring the obligor to
enter into a cash bond with the court. The court shall issue the
order as part of the support order or, if the support order
previously has been issued, as a separate order. Any cash bond
so required shall be in a sum fixed by the court at not less than
five hundred nor more than ten thousand dollars, conditioned that
the obligor will make payment as previously ordered and will pay
any arrearages under any prior support order that pertained to
the same child or spouse. The order, along with an additional
order requiring the obligor to immediately notify the child
support enforcement agency, in writing, if the obligor begins to receive
income from a payor, shall be attached to, and
shall be served upon the obligor at the same time as service of,
the support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under
this division. The additional order also shall specify that when the obligor
begins to receive income
from a payor the obligor may request
the court to cancel its bond order and instead issue a notice
requiring the withholding of an amount from
income
for support in accordance with division (D)(1) of this section
and that when the obligor begins to
receive income from a payor the court will
proceed to collect on the bond, if the court determines that
payments due under the support order have not been made and that
the amount that has not been paid is at least equal to the
support owed for one month under the support order, and will
issue a notice requiring the withholding of an amount from
income for support in accordance with division
(D)(1)
of this section. The notification required of the obligor shall
include a description of the nature of any new employment, the
name and business address of any new employer, and any other
information reasonably required by the court.
The court shall not order an obligor to post a cash bond
under this division unless the court determines that the obligor
has the ability to do so. A child support enforcement agency
shall not issue an order of the type described in this division.
If a child support enforcement agency is required to issue a
withholding or deduction notice under division (D) of this
section but the agency determines that no notice of the type
described in division (D)(1) or (2) of this
section would be
appropriate, the agency may request the court to issue a court
order under this division, and, upon the request, the court may
issue an order as described in this division.
(4) If the obligor is unemployed, has no income, and does
not have an account at any financial institution, or on request of a child
support enforcement agency made under section 3111.231 of the Revised Code, the
court shall
issue an order requiring the obligor, if
able to engage in employment, to seek employment or participate in
a work activity to which a recipient of assistance under
Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, may be assigned as specified in section
407(d) of the "Social Security Act," 42 U.S.C.A.
607(d), as amended. The court shall include
in the order a requirement that the obligor notify
the child support enforcement agency upon obtaining employment,
upon obtaining any income, or upon obtaining ownership of any asset with a
value of five hundred dollars or more. The court may issue the
order regardless of whether the obligee to whom the obligor owes support is a
recipient of assistance under Title IV-A of the
"Social Security Act." The court
shall issue the order as part of a
support order or, if a
support order previously has been issued, as a separate order. If a
child support
enforcement agency is required to issue a withholding or
deduction notice under division (D) of this section but the
agency determines that no notice of the type described in
division (D)(1) or (2) of this section would be
appropriate, the
agency may request the court to issue a court order under
division (D)(4) of this section, and, upon the request, the
court may issue an order as
described in division (D)(4) of this section.
If an obligor is ordered to participate in a work
activity, the child support enforcement agency of the county in
which the obligor resides shall oversee the obligor's
participation in accordance with rules the department of human
services shall adopt in accordance with
Chapter 119. of the Revised Code. A child support
enforcement agency may contract with one or more governmental
agencies or persons to carry out some or all of its oversight
duties.
(E) If a court or child support enforcement agency is
required under division (A), (B), or (C) of this section or any
other section of the Revised Code to issue one or more notices or
court orders described in division (D) of this section, the court
or agency to the extent possible shall issue a sufficient number
of notices or court orders under division (D) of this section to
provide that the aggregate amount withheld or deducted under
those notices or court orders satisfies the amount ordered for
support in the support order plus any arrearages that may be owed
by the obligor under any prior support order that pertained to
the same child or spouse, notwithstanding any applicable
limitations of
sections 2329.66, 2329.70, 2716.02, 2716.041, 2716.05, 2716.13, and
4123.67 of the Revised
Code. However, in no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division
(D)(1) of this section and any fees withheld
pursuant to the notice as a charge for
services exceed the maximum amount permitted under section 303(b)
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).
(F)(1) Any withholding or deduction requirement that is
contained in a notice described in division (D) of this section
and that is required to be issued by division (A), (B), or (C) of
this section or any other section of the Revised Code has
priority over any order of attachment, any order in aid of
execution, and any other legal process issued under state law
against the same earnings, payments, or account.
(2) When a payor receives two or more withholding notices that
are described in division (D)(1)
of this section and that are
required to be issued by division (A), (B), or (C) of this
section or any other section of the Revised Code, the
payor
shall comply
with all of the requirements contained in the notices to the extent that the
total amount withheld from the obligor's income does not
exceed the maximum amount
permitted under section 303(b) of the "Consumer Credit Protection
Act," 15 U.S.C. 1673(b), withhold amounts in accordance
with the allocation set forth in divisions (F)(2)(a) and (b) of
this section, notify each court or child support enforcement
agency that issued one of the notices of the allocation, and give
priority to amounts designated in each notice as current support
in the following manner:
(a) If the total of the amounts designated in the notices
as current support exceeds the amount available for withholding
under section 303(b) of the "Consumer Credit Protection Act," 15
U.S.C. 1673(b), the payor shall allocate to each notice an amount
for
current support equal to the amount designated in that notice as
current support multiplied by a fraction in which the numerator
is the amount of income available for withholding and the denominator is the
total amount designated in all of the notices as current support.
(b) If the total of the amounts designated in the notices
as current support does not exceed the amount available for
withholding under section 303(b) of the "Consumer Credit
Protection Act," 15 U.S.C. 1673(b), the payor
shall pay all of the
amounts designated as current support in the notices and shall
allocate to each notice an amount for past-due support equal to
the amount designated in that notice as past-due support
multiplied by a fraction in which the numerator is the amount of
income remaining available
for withholding after the payment of current support and the
denominator is the total amount designated in all of the notices
as past-due support.
(G)(1) Except when a provision specifically authorizes or
requires service other than as described in this division,
service of any notice on any party, a financial
institution, or payor, for purposes of division (A),
(B),
(C), or (D) of this section, shall be made by
ordinary first class mail directed to the addressee at the last
known address, or, in the case of a corporation, at its usual
place of doing business. A notice shall be considered to have been
served when it is mailed.
(2) Each party to a support order shall notify the child
support enforcement agency of the party's current mailing address, current
residence address, current residence
telephone number, and current driver's license number, at the time
of the issuance or
modification of the order and, until further notice of the court
that issues the order, shall notify the agency of any change in
that information immediately after the change
occurs. Any willful
failure to comply with this division is contempt of court. No person shall
fail to give the notice required by division (G)(2) of this section.
(3) Each support order, or modification of a support
order, that is subject to this section shall contain a
notice that states the following in boldfaced type and in
all capital letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR
HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT
RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND
OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE
AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF
YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE
THE REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A
FIRST OFFENSE,$100FOR A SECOND OFFENSE, AND$500FOR
EACH
SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED
TO FINES UP TO$1,000AND IMPRISONMENT FOR NOT MORE THAN
90 DAYS.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL
LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING
FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY
FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."
(4)(a) The parent who is the residential parent and legal
custodian of a child for whom a support order is issued or the
person who otherwise has custody of a child for whom a support
order is issued immediately shall notify, and the obligor under a
support order may notify, the child support enforcement agency of
any reason for which the support order should terminate,
including, but not limited to, the child's attainment of the age of
majority if the child no longer attends an accredited high school on a
full-time basis and the support order does not
provide for the duty of support to continue past the age of majority; the
child ceasing to attend such a high school on a
full-time basis after attaining the age of majority,
if the support order does not provide for the duty of support to continue past
the age of majority; or the death, marriage, emancipation,
enlistment in the armed services, deportation, or change of legal
or physical custody of the child. A willful failure to notify
the child support enforcement agency as required by this division
is contempt of court. Upon receipt of a notice pursuant to this
division, the agency immediately shall conduct an investigation
to determine if any reason exists for which the support order
should terminate. The agency may conduct such an investigation regardless
of whether it received notice under this division. If the agency
determines the order should terminate, it immediately
shall notify the court that issued the support order of the
reason for which the support order should terminate.
(b) Upon receipt of a notice given pursuant to division
(G)(4)(a) of this section, the court shall order the division of child
support to impound any funds
received for the child pursuant to the support order and the court
shall set the
case for a hearing for a determination of whether the support
order should be terminated or modified or whether the court
should take any other appropriate action.
(c) If the court terminates a support order pursuant to
divisions (G)(4)(a) and (b) of this section, the termination of
the support order also terminates any withholding or deduction
order as described in division (D) or (H) of this section issued prior to
December 31,
1993, and any withholding or deduction notice as described in
division (D) OF THIS SECTION or court order as described in division
(D)(3), (D)(4), or (H) of this section issued
on or after December 31, 1993. Upon the
termination of any withholding or deduction order or any
withholding or deduction notice, the court immediately shall
notify the appropriate child support enforcement agency that the
order or notice has been terminated, and the agency immediately
shall notify each payor or financial institution required to withhold or
deduct a sum of
money for the payment of support under the terminated withholding
or deduction order or
notice that the order or notice has been terminated and that it
is required to cease all withholding or deduction under the order
or notice.
(d) The department of human services shall adopt rules
that provide for both of the following:
(i) The return to the appropriate person of any funds that
a court has ordered impounded under division (G)(4)(b) of this section
if the support order under which the funds were paid has been
terminated pursuant to divisions (G)(4)(a) and (b) of this
section;
(ii) The return to the appropriate person of any other
payments made pursuant to a support order if the payments were
made at any time after the support order under which the funds
were paid has been terminated pursuant to divisions (G)(4)(a) and
(b) of this section.
(5) If any party to a support order requests a
modification of the order or if any obligee under a support order
or any person on behalf of the obligee files any action to
enforce a support order, the court shall notify the child support
enforcement agency that is administering the support order or
that will administer the order after the court's determination of
the request or the action, of the request or the filing.
(6) When a child support enforcement agency receives any
notice under division (G) of section 2151.23, section 2301.37,
division (E) of section 3105.18, division (C) of section 3105.21,
division (A) of section 3109.05, division (F) of section 3111.13,
division (B) of section 3113.04, section 3113.21, section
3113.211, section 3113.212, division (K) of section 3113.31, or
division (C)(3) of section 3115.31
of the Revised Code, it shall
issue the most appropriate notices under division (D) of this
section. Additionally, it shall do all of the following:
(a) If the obligor is subject to a withholding notice
issued under division (D)(1) of this section and the notice
relates to the obligor's change of employment, send a withholding
notice under that division to the new employer of the obligor as
soon as the agency obtains knowledge of that employer;
(b) If the notification received by the agency specifies
that a lump-sum payment of one hundred fifty dollars
or more is to be
paid to the obligor, notify the court of the receipt of the
notice and its contents. The
agency may notify the court if the notification specifies that a lump-sum
payment of less than one hundred fifty dollars is to be paid to the
obligor.
(c) Comply with section 3113.212 of the Revised Code, as
appropriate.
(H)(1)(a) For purposes of division (D)(1) of this section,
when a person who fails to comply with a support order that is
subject to that division derives income from self-employment or
commission, is employed by an employer not subject to the
jurisdiction of the court, or is in any other employment
situation that makes the application of that division
impracticable, the court may require the person to enter into a
cash bond to the court in a sum fixed by the court at not less
than five hundred nor more than ten thousand dollars, conditioned
that the person will make payment as previously ordered.
(b) When a court determines at a hearing conducted under
division (B) of this section, or a child support enforcement
agency determines at a hearing or pursuant to an investigation
conducted under division (B) of this section, that the obligor
under the order in relation to which the hearing or investigation
is conducted is unemployed and has no other source of income and
no assets so that the application of divisions (B) and (D) of
this section would be impracticable, the court shall issue an
order as described in division (D)(4) of this section and
shall
order the obligor to notify the child support enforcement agency
in writing immediately of the receipt of any source of
income or of the opening of an account in a financial
institution, and to include in the notification a description of
the nature of the employment or income source, the name, business address, and
telephone number of the employer or income source, and any other information
reasonably required by the court.
(2) When a court determines, at a hearing conducted under
division (C)(2) of this section, that an obligor is unemployed,
is not receiving workers' compensation payments, does not have an
account in a financial institution, and has no other source of
income and no assets so that the application of divisions (C)(2)
and (D) of this section would be impracticable, the court shall
issue an order as described in division (D)(4) of this section
and shall order the obligor to notify the child support
enforcement agency, in writing, immediately of the receipt of any
source of income or of the opening of an account in a financial
institution, and to include in the notification a description of
the nature of the employment or income source, the name, business address, and
telephone number of
the employer or income source or the name,
address, and telephone number of the financial
institution, and any other information reasonably required by the
court.
(3)(a) Upon receipt of a notice from a child support
enforcement agency under division (G)(6) of this section that a
lump-sum payment is to be paid to
the obligor, the court shall do either of the following:
(i) If the obligor is in default under the support order
or has any unpaid arrearages under the support order, issue an
order requiring the transmittal of the lump-sum payment to the
division of child support.
(ii) If the obligor is not in default under the support
order and does not have any unpaid arrearages under the support
order, issue an order directing the person who gave the notice to
the court to immediately pay the full amount of the lump-sum
payment to the obligor.
(b) Upon receipt of any moneys pursuant to division
(H)(3)(a) of this section, the division of child support
shall pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and,
within two business days after its receipt of the money, any
amount that is remaining after the payment of the arrearages to
the obligor.
(c) Any court that issued an order prior to December 1,
1986, requiring an employer to withhold an amount from an
obligor's personal earnings for the payment of support shall
issue a supplemental order that does not change the original
order or the related support order requiring the employer to do
all of the following:
(i) No later than the earlier of forty-five days before a
lump-sum payment is to be made or, if the obligor's right to a
lump-sum payment is determined less than forty-five days before
it is to be made, the date on which that determination is made,
notify the child support enforcement agency of any lump-sum
payment of any kind of one hundred fifty dollars or
more that is to be
paid to the obligor;
(ii) Hold the lump-sum payment for thirty days after the
date on which it would otherwise be paid to the obligor, if the
lump-sum payment is sick pay, a lump-sum payment of retirement
benefits or contributions, or profit-sharing payments or
distributions;
(iii) Upon order of the court, pay any specified amount of
the lump-sum payment to the division of child support.
(d) If an employer knowingly fails to notify the child
support enforcement agency in accordance with division (D) of
this section of any lump-sum payment to be made to an obligor,
the employer is liable for any support payment not made to the
obligee as a result of its knowing failure to give the notice as
required by that division.
(I)(1) Any support order, or modification of a support
order, that is subject to this section shall contain the date of
birth and social security number of the obligor.
(2) No withholding or deduction notice described in
division (D) OF THIS SECTION or court order described in division
(D)(3) or
(4) of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or
(D) of this section or by any other section of the Revised Code
and any additional information that the issuing court determines
may be necessary to comply with the notice.
(J) No withholding or deduction notice described in
division (D) OF THIS SECTION or court order described in division
(D)(3) or
(4) of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be
terminated solely because the obligor pays any part or all of
the arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this
section and section 2301.42 of the Revised Code and the rules adopted pursuant
to division (C) of that section, if child support arrearages are owed by an
obligor to the obligee and to the department of human services, any payments
received on the arrearages by the division of child support
first shall
be paid to the obligee until the arrearages owed to the obligee are paid in
full.
(2) Division (K)(1) of this section does not apply to the
collection of past-due child support from refunds of paid federal
taxes pursuant to section 5101.32 of the Revised Code or of
overdue child support from refunds of paid state income taxes
pursuant to sections 5101.321 and 5747.121 of the Revised Code.
(L)(1) Each court with jurisdiction to issue support
orders or orders establishing the existence or nonexistence of a parent and
child relationship shall establish rules of court to ensure that the
following percentage of all actions to establish the existence or
nonexistence of a parent and child relationship, to establish a support
requirement, or to modify a previously issued support order be
completed within the following time limits:
(a) Seventy-five per cent of all of the actions shall be
completed within six months after they were initially
filed;
(b) Ninety per cent of all of the actions shall be
completed within twelve months after they were initially
filed.
(2) If a case involves complex legal issues requiring full
judicial review, the court shall issue a temporary support order
within the time limits set forth in division (L)(1) of this
section, which temporary order shall be in effect until a final
support order is issued in the case. All cases in which the
imposition of a notice or order under division (D) of this
section is contested shall be completed within the period of time
specified by law for completion of the case. The failure of a
court to complete a case within the required period does not
affect the ability of any court to issue any order under this
section or any other section of the Revised Code for the payment
of support, does not provide any defense to any order for the
payment of support that is issued under this section or any other
section of the Revised Code, and does not affect any obligation
to pay support.
(3)(a) In any Title IV-D case, the judge, when necessary
to satisfy the federal requirement of expedited process for
obtaining and enforcing support orders, shall appoint
magistrates to
make findings of fact and recommendations for the judge's
approval in the case. All magistrates appointed
pursuant to this
division shall be attorneys admitted to the practice of law in
this state. If the court appoints a magistrate pursuant to this division, the
court may appoint any additional administrative and
support personnel for the magistrate.
(b) Any magistrate appointed pursuant to division
(L)(3)(a)
of this section may perform any of the following functions:
(i) The taking of testimony and keeping of a record in the
case;
(ii) The evaluation of evidence and the issuance of
recommendations to establish, modify, and enforce support orders;
(iii) The acceptance of voluntary acknowledgments of
support liability and stipulated agreements setting the amount of
support to be paid;
(iv) The entering of default orders if the obligor does
not respond to notices in the case within a reasonable time after
the notices are issued;
(v) Any other functions considered necessary by the court.
(4) The child support enforcement agency may conduct
administrative reviews of support orders to obtain voluntary
notices or court orders under division (D) of this section and to
correct any errors in the amount of any arrearages owed by an
obligor. The obligor and the obligee shall be notified of the
time, date, and location of the administrative review at least
fourteen days before it is held.
(M)(1) The termination of a support obligation or a
support order does not abate the power of any court to collect
overdue and unpaid support or to punish any person for a
failure
to comply with an order of the court or to pay any support as
ordered in the terminated support order and does not abate the
authority of a child support enforcement agency to issue, in
accordance with this section, any notice described in division
(D) of this section or of a court to issue, in accordance with
this section, any court order as described in division (D)(3) or
(4) of this section to collect any support due or arrearage under the
support
order.
(2) Any court that has the authority to issue a support
order shall have all powers necessary to enforce that support
order, and all other powers, set forth in this section.
(3) Except as provided in division (M)(4) of this section,
a court may not retroactively modify an obligor's duty to pay a
delinquent support payment.
(4) A court with jurisdiction over a support order may
modify an obligor's duty to pay a support payment that becomes
due after notice of a petition to modify the support order has
been given to each obligee and to the obligor before a final
order concerning the petition for modification is entered.
(N) If an obligor is in default under a support order and
has a claim against another person of more than one thousand
dollars, the obligor shall notify the child support enforcement
agency of the claim, the nature of the claim, and the name of the
person against whom the claim exists. If an obligor is in
default under a support order and has a claim against another
person or is a party in an action for any judgment, the child
support enforcement agency or the agency's attorney, on behalf of
the obligor, immediately shall file with the court in which the
action is pending a motion to intervene in the action or a
creditor's bill. The motion to intervene shall be prepared and
filed pursuant to Civil Rules 5 and 24(A) and (C).
Nothing in this division shall preclude an obligee from
filing a motion to intervene in any action or a creditor's bill.
(O) If an obligor is receiving unemployment compensation
benefits, an amount may be deducted from those benefits for
purposes of child support, in accordance with section SECTIONS
2301.371
and division (D)(4) of section 4141.28 4141.282 of the Revised
Code. Any
deduction from a source in accordance with those provisions is in
addition to, and does not preclude, any withholding or deduction
for purposes of support under divisions (A) to (N) of this
section.
(P) As used in this section, and in sections 3113.211 to
3113.219 of the Revised Code:
(1) "Financial institution" means a bank, savings and loan
association, or credit union, or a regulated investment company
or mutual fund in which a person who is required to pay child
support has funds on deposit that are not exempt under the law of
this state or the United States from execution, attachment, or
other legal process.
(2) "Title IV-D case" means any case in which the child
support enforcement agency is enforcing the child support order
pursuant to Title IV-D of the "Social Security Act," 88 Stat.
2351 (1975), 42 U.S.C. 651, as amended.
(3) "Obligor" means the person who is required to pay
support under a support order.
(4) "Obligee" means the person who is entitled to receive
the support payments under a support order.
(5) "Support order" means an order for the payment of
support and, for orders issued or modified on or after December
31, 1993, includes any notices described in division (D) or (H)
of this section that are issued in accordance with this section.
(6) "Support" means child support, spousal support, and
support for a spouse or former spouse.
(7) "Personal earnings" means compensation paid or payable
for personal services, however denominated, and includes, but is
not limited to, wages, salary, commissions, bonuses, draws
against commissions, profit sharing, and vacation pay.
(8) "Default" has the same meaning as in section 2301.34
of the Revised Code.
(9) "Payor" means any person or
entity that pays or distributes income to an obligor, including
the obligor, if the obligor is self-employed; an
employer; an employer that is paying the obligor's workers'
compensation benefits; the public employees retirement board;
the board of trustees, or other governing entity of a municipal
retirement system; the board of trustees of the Ohio police
and fire pension fund; the state teachers retirement
board;
the school employees retirement board; the state highway patrol
retirement board; the bureau of workers' compensation;
or any other person or
entity, except the bureau of employment services with respect to unemployment
compensation benefits paid pursuant to Chapter 4141. of the Revised Code.
(Q) As used in this
section, "income" means any form of monetary payment, including
personal earnings; workers' compensation
payments; unemployment compensation benefits
to the extent permitted by, and in accordance with, section
SECTIONS 2301.371 of the
Revised Code, division (D)(4) of section 4141.28 AND
4141.282 of the Revised Code, and
federal law governing the bureau of employment services; pensions; annuities;
allowances; private or
governmental retirement benefits; disability or sick pay;
insurance proceeds; lottery prize awards; federal, state, or
local government benefits to the extent that the benefits can be
withheld or deducted under the law governing the benefits; any
form of trust fund or endowment; lump-sum payments; and any other payment in
money.
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 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
service performed by an individual for
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,
unless it is shown to the satisfaction of the administrator that
such individual
has been and will continue to be free from direction or control
over the performance of such service, both
under a
contract of service and in fact.
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) 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 Ohio 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 THAT 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.
(w) SERVICE THAT IS PERFORMED BY AN INDIVIDUAL WORKING AS AN
ELECTION OFFICIAL OR ELECTION WORKER IF THE AMOUNT OF REMUNERATION RECEIVED BY
THE INDIVIDUAL DURING
THE CALENDAR YEAR FOR SERVICES AS AN ELECTION OFFICIAL OR ELECTION WORKER IS
LESS THAN ONE THOUSAND
DOLLARS;
(x) SERVICE PERFORMED FOR AN ELEMENTARY OR SECONDARY SCHOOL THAT
IS OPERATED PRIMARILY FOR RELIGIOUS PURPOSES, THAT IS DESCRIBED IN
SUBSECTION 501(c)(3) AND EXEMPT FROM FEDERAL INCOME
TAXATION UNDER SUBSECTION 501(a) OF THE INTERNAL
REVENUE CODE,
26 U.S.C.A. 501;
(y) SERVICE PERFORMED BY A PERSON COMMITTED TO A PENAL
INSTITUTION.
(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.
(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 1954," 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, 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 THAT 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,
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.
(4) FOR PURPOSES OF DETERMINING THE WEEKS THAT COMPRISE A
COMPLETED CALENDAR QUARTER UNDER THIS DIVISION, ONLY THOSE WEEKS
ENDING AT MIDNIGHT SATURDAY WITHIN THE CALENDAR QUARTER SHALL BE
UTILIZED.
(R)(1) "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, has earned
or been paid remuneration at an average
weekly wage
of not less than twenty-seven and one-half per cent of the statewide average
weekly wage for such weeks.
FOR PURPOSES OF DETERMINING WHETHER AN INDIVIDUAL HAS HAD SUFFICIENT
EMPLOYMENT SINCE THE BEGINNING OF THE INDIVIDUAL'S PREVIOUS BENEFIT YEAR TO
FILE A VALID APPLICATION, "EMPLOYMENT"
MEANS THE PERFORMANCE OF SERVICES FOR WHICH REMUNERATION IS
PAYABLE.
(2) EFFECTIVE FOR APPLICATIONS FILED ON
AND
AFTER MARCH 3, 2002, ANY APPLICATION FOR DETERMINATION OF BENEFIT
RIGHTS MADE IN ACCORDANCE WITH SECTION 4141.28 of the Revised Code IS VALID IF THE INDIVIDUAL
SATISFIES THE CRITERIA DESCRIBED IN DIVISION (R)(1) OF THIS
SECTION, and IF 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 FILED ON AND AFTER
MARCH 3, 2002.
(3) 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.
(4) 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. 4141.162. (A) The administrator of the bureau of
employment services shall establish an income and eligibility
verification system that complies with section 1137 of the
"Social Security Act." The programs included in the system are:
(1) Unemployment compensation pursuant to section 3304 of
the "Internal Revenue Code of 1954";
(2) The state programs funded in part under part A of Title IV of the "Social
Security Act" and administered under Chapters 5107. and 5108. of the Revised
Code;
(3) Medicaid pursuant to Title XIX of the
"Social Security Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977,"
91 Stat. 958, 7 U.S.C.A. 2011, as amended;
(5) Any Ohio program under a plan approved under Title I,
X, XIV, or XVI of the "Social Security Act."
Wage information provided by employers to the bureau shall
be furnished to the income and eligibility verification system.
Such information shall be used by the bureau to determine
eligibility of individuals for unemployment compensation benefits
and the amount of those benefits and used by the agencies that
administer the programs identified in divisions (A)(2) to (5) of
this section to determine or verify eligibility for or the amount
of benefits under those programs.
The bureau shall fully implement the use of wage
information to determine eligibility for and the amount of
unemployment compensation benefits by September 30, 1988.
Information furnished under the system shall also be made
available to the appropriate state or local child support
enforcement agency for the purposes of an approved plan under
Title IV-D of the "Social Security Act" and to the
appropriate federal agency for the purposes of Titles II and XVI
of the "Social Security Act."
(B) The administrator shall adopt rules as necessary under
which the bureau of employment services, the department of human
services, and other state agencies the administrator determines
must participate in order to ensure compliance with section 1137
of the "Social Security Act" exchange information with each other
or authorized federal agencies about individuals who are
applicants for or recipients of benefits under any of the
programs enumerated in division (A) of this section. The rules
shall extend to:
(1) A requirement for standardized formats and procedures
for a participating agency to request and receive information
about an individual, which information shall include the
individual's social security number;
(2) A requirement that all applicants for and recipients
of benefits under any program enumerated in division (A) of this
section be notified at the time of application, and periodically
thereafter, that information available through the system may be
shared with agencies that administer other benefit programs and
utilized in establishing or verifying eligibility or benefit
amounts under the other programs enumerated in division (A) of
this section;
(3) A requirement that information is made available only
to the extent necessary to assist in the valid administrative
needs of the program receiving the information and is targeted
for use in ways which are most likely to be productive in
identifying and preventing ineligibility and incorrect payments;
(4) A requirement that information is adequately protected
against unauthorized disclosures for purposes other than to
establish or verify eligibility or benefit amounts under the
programs enumerated in division (A) of this section;
(5) A requirement that a program providing information is
reimbursed by the program using the information for the actual
costs of furnishing the information and that the administrator be
reimbursed by the participating programs for any actual costs
incurred in operating the system;
(6) Requirements for any other matters necessary to ensure
the effective, efficient, and timely exchange of necessary
information or that the administrator determines must be
addressed in order to ensure compliance with the requirements of
section 1137 of the "Social Security Act."
(C) Each participating agency shall furnish to the income
and eligibility verification system established in division (A)
of this section that information, which the administrator, by
rule, determines is necessary in order to comply with section
1137 of the "Social Security Act."
(D) Notwithstanding the information disclosure
requirements of this section and sections 4141.16, 4141.161,
4141.21, and division (D)(4)(a)(A) of section 4141.28
4141.282 of the Revised
Code, the administrator shall administer those provisions of law
so as to comply with section 1137 of the "Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code
with respect to confidentiality of information obtained in the
administration of Chapter 4141. of the Revised Code and any
sanctions imposed for improper disclosure of such information
shall apply to the redisclosure of information disclosed under
this section.
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 (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 the
employer has paid on 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 (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 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 (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 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 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 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 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 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 is not a reimbursing employer
under section 4141.241 or 4141.242 of the Revised Code.
(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) ANY BENEFITS PAID TO A CLAIMANT UNDER SECTION 4141.28 OF THE
REVISED CODE
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)(1)
OF THIS SECTION, PROVIDED THAT IF THERE IS
NO FINAL DETERMINATION OF THE CLAIM BY THE SUBSEQUENT THIRTIETH
DAY OF JUNE, THE EMPLOYER'S ACCOUNT SHALL BE CREDITED WITH THE
TOTAL AMOUNT OF BENEFITS THAT HAS BEEN PAID PRIOR TO THAT DATE,
BASED ON THE DETERMINATION THAT 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 THIS SECTION,
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 (B) OF SECTION 4141.25 OF THE REVISED
CODE,
PROVIDED
THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 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)(1) OF THIS SECTION 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 SECTION.
TO THE
EXTENT THAT BENEFITS THAT 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.
(4) The administrator shall notify each employer at least
once each month of the benefits charged to 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, however, may file
within fifteen days after the mailing date of the notice, 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 the administrator's decision thereon, which
decision shall become final unless appealed to the
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.
(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 (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 (B)(2)(b) of section 4141.25 of the
Revised Code. The amount of any negative balance, computed as provided
in division (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
(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 the
employer prior to the employer's entrance into the armed
forces divided by the
average of 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 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 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 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)(3)(4) 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
(D)(2) of section 4141.24 of the
Revised Code, no portion of the
amount may be charged to the mutualized account established by
division (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)(3)(4)
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 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
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. 4141.28. (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.
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 INSTRUCTIONS 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,
EXCEPT WHEN NOTICE IS NOT REQUIRED, AS SPECIFIED IN DIVISION
(B)(5) OF THIS SECTION.
The administrator also
may request from any base period employer information necessary for
the determination of the claimant's rights to
benefits. Information as to
the reason for unemployment preceding an additional
claim shall be obtained in the same manner. Requests
REQUESTS for such
information shall be 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 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 claimant's
statement made under division
(B)(1)(b) of this section. The
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.
(5) THE ADMINISTRATOR NEED NOT SEND THE NOTICE REQUIRED UNDER
DIVISION (B)(1) OF THIS SECTION IF ANY OF THE FOLLOWING IS TRUE
WITH RESPECT TO AN INDIVIDUAL'S APPLICATION FOR DETERMINATION OF BENEFIT
RIGHTS:
(a) THE ADMINISTRATOR IS PROHIBITED BY LAW FROM REVISING A
PREVIOUS DETERMINATION CONCERNING WHETHER THE INDIVIDUAL MAY BE
DISQUALIFIED FROM RECEIVING BENEFITS;
(b) THE INDIVIDUAL'S EMPLOYER INDICATES TO THE ADMINISTRATOR THAT
THE NOTICE IS NOT NEEDED;
(c) THE INDIVIDUAL'S SEPARATION IS ONE AMONG FIFTY OR MORE
INDIVIDUALS SEPARATED BY THE SAME EMPLOYER DUE TO A LACK OF WORK, THE
ADMINISTRATOR RECEIVED INFORMATION REGARDING
THE SEPARATIONS PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AND
THE REASON FOR THE SEPARATION IS NOT DISPUTED.
(C) The administrator shall promptly
examine any application for determination of benefit rights filed, and on the
basis of any facts found by the administrator 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 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 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, 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,
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 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.
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 (D)(2) of
section
4141.24 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 459(i)(5) of the "Social Security Act,"
as amended by the "Personal Responsibility and Work Opportunity Reconciliation
Act of 1996," 100 Stat. 2105, 42 U.S.C. 659, 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(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 administrator shall
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 issued by the
agency under section 2301.371 of the Revised Code or otherwise
was issued 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. Effective for
applications to establish unemployment compensation benefit rights filed after
December 27, 1997, the amount withheld with respect to a week of unemployment
benefits shall not exceed fifty per cent of the individual's weekly benefit
amount as determined by the administrator.
(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 a
child support enforcement agency 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
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 shall consider the
information contained in the eligibility notice, together with
other facts found by the administrator
and, after giving notice to the claimant, 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, the
administrator shall follow decisions
of the unemployment compensation review commission which have
become final with respect to claimants similarly situated.
(G)(1) 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
determination.
On and after October 1,
1998, any 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)(P) 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) 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, the administrator
shall issue a
corrected determination to all interested parties,
which determination shall take precedence over and
void the prior determination of the administrator, provided no appeal has
been filed with the commission.
(3) If benefits are allowed by the administrator in
a determination, or in a
decision by a hearing officer, the review commission, or
a court, the benefits shall be paid promptly, notwithstanding any further
appeal, provided that if benefits are denied 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 (B) 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) 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 (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 THE date of the mailing provided by the administrator on
the A determination or redetermination is sufficient evidence
upon
which to conclude that the determination or redetermination was mailed on that
date.
(I) Appeals may be filed with the
administrator, commission, with an
employee of another
state or federal agency charged with the duty of accepting claims, or
with the unemployment
insurance commission of Canada.
(1) Any timely written notice that the interested
party desires to appeal shall be accepted.
(2) The administrator, commission, or authorized agent must
receive the appeal within the specified
appeal period in order for the appeal
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
appeal 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
determination of
the administrator is taken to the commission at the
hearing officer level, all
interested parties
shall be notified, and the commission,
after
affording such parties reasonable opportunity for a fair hearing,
shall affirm, modify, or reverse the determination
of the administrator in the manner 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 a
hearing by a hearing officer or any
other hearing
on appeal to the commission which is provided in this
section, the hearing officers are not bound
by
common law or
statutory rules of evidence or by technical or formal rules of procedure. The
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. The 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 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 hearing officer shall dismiss the
appeal,
provided that
the 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 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 hearing officer
shall
proceed with the
hearing and shall issue a decision 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
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
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 hearing officer, shall be
recorded by mechanical
means or
otherwise as
may be prescribed by the commission. In the absence of further proceedings,
the record
that is made need not be transcribed.
(L) All interested parties shall be notified of the
hearing officer's decision, which shall include the
reasons therefor. The 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 (Q)(P) of this section, the commission
on its own
motion removes or transfers such claim to the review level, or upon a request
for review that is
filed by an interested party and
is allowed by the
commission.
(M) 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 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 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)(N)(1) of this section, the
court
of common pleas shall conduct a hearing to determine whether the
appeal was timely filed pursuant to division (Q)(P) 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
(Q)(P) 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 (Q)(P) 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)(O) Any appeal from a
determination or
redetermination of the
administrator or a decision or order of the
commission
may be executed in behalf of any party
or any group of claimants by an agent.
(Q)(P) The time for filing an
appeal, a request for
review, or a court
appeal under 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
an appeal or 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 appeal, or
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)(N)(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.
(R)(Q) No finding of fact or law, decision, or order of the
administrator, 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. 4141.281. (A) WHENEVER THE ADMINISTRATOR OF THE BUREAU OF
EMPLOYMENT
SERVICES HAS REASON TO BELIEVE THAT
THE UNEMPLOYMENT OF TWENTY-FIVE OR MORE INDIVIDUALS RELATES TO A
LABOR DISPUTE, THE ADMINISTRATOR, 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
SECTION 4141.28 OF THE REVISED CODE. 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 (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,
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
THEN SCHEDULE A FURTHER HEARING ON THE CASE, DISALLOW THE
APPLICATION WITHOUT FURTHER HEARING, OR MODIFY OR REVERSE THE ADMINISTRATOR'S
DECISION. 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 (B) OF THIS SECTION, WHICHEVER IS LATER.
(1) 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.
(2) A DECISION TO DISALLOW A FURTHER APPEAL
OR TO MODIFY OR REVERSE THE ADMINISTRATOR'S DECISION
SHALL BE MAILED TO ALL INTERESTED PARTIES WITHIN FOURTEEN DAYS
AFTER THE COMMISSION MAKES THE DECISION. A
DISALLOWANCE
IS DEEMED AN AFFIRMATION OF THE ADMINISTRATOR'S DECISION.
(3) THE TIME LIMITS SPECIFIED IN
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) OF THIS SECTION MAY BE TAKEN TO THE COURT OF
COMMON PLEAS AS PROVIDED IN DIVISION (N) OF SECTION 4141.28 OF THE
REVISED CODE.
(F) A LABOR DISPUTE DECISION INVOLVING FEWER THAN
TWENTY-FIVE INDIVIDUALS SHALL BE DETERMINED UNDER DIVISION (D)(1)
OF SECTION 4141.28 OF THE REVISED CODE, AND THE REVIEW
COMMISSION SHALL
DETERMINE ANY
APPEAL FROM THE DECISION PURSUANT TO DIVISION (M) OF THAT SECTION
AND WITHIN THE TIME LIMITS PROVIDED IN DIVISION (D) OF THIS
SECTION.
Sec. 4141.282. (A) WHEN A CLAIM FOR UNEMPLOYMENT
COMPENSATION IS FILED BY AN
INDIVIDUAL WHO OWES CHILD SUPPORT OBLIGATIONS, THE ADMINISTRATOR OF THE BUREAU
OF EMPLOYMENT SERVICES 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 THE FOLLOWING AMOUNTS AS APPROPRIATE:
(1) ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM
THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT
TERM IS DEFINED IN SECTION 459(i)(5) OF THE "SOCIAL
SECURITY ACT,"
AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK
OPPORTUNITY RECONCILIATION
ACT OF 1996," 100 STAT. 2105, 42
U.S.C. 659, AND PROPERLY SERVED
UPON THE ADMINISTRATOR, AS DESCRIBED IN DIVISION (C) OF
THIS SECTION;
(2) WHERE DIVISION (B)(1) OF THIS SECTION IS
INAPPLICABLE, IN THE AMOUNT DETERMINED PURSUANT TO AN AGREEMENT
SUBMITTED TO THE ADMINISTRATOR UNDER SECTION
454(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;
(3) IF NEITHER DIVISION (B)(1) NOR (2) OF THIS
SECTION IS APPLICABLE, THEN IN THE AMOUNT SPECIFIED BY THE
INDIVIDUAL.
(C) THE ADMINISTRATOR SHALL
RECEIVE ALL LEGAL PROCESS DESCRIBED IN DIVISION
(B)(1) OF THIS SECTION FROM EACH LOCAL CHILD SUPPORT
ENFORCEMENT AGENCY, WHICH LEGAL PROCESS WAS ISSUED BY THE
AGENCY UNDER SECTION 2301.371 OF THE REVISED CODE OR
OTHERWISE
WAS ISSUED 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. 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
DIVISIONS (B)(1) AND (2) OF THIS SECTION.
(D) THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO
BEING WITHHELD PURSUANT TO DIVISION (B) OF THIS SECTION IS
THAT AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER
APPLICATION OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF
OVERPAYMENTS AND AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER THIS
CHAPTER FOR DEDUCTIBLE INCOME RECEIVED BY THE INDIVIDUAL.
(E) ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION
(B) OF THIS SECTION SHALL BE PAID TO THE APPROPRIATE STATE
OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY IN THE FOLLOWING
MANNER:
(1) THE ADMINISTRATOR SHALL DETERMINE THE AMOUNTS THAT ARE
TO BE DEDUCTED AND WITHHELD ON A PER COUNTY BASIS.
(2) 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 (C) OF THIS SECTION, THE AMOUNT DETERMINED FOR
THAT COUNTY UNDER DIVISION (E)(1) OF THIS SECTION FOR
DISBURSEMENT TO THE OBLIGEES OR ASSIGNEES OF SUCH SUPPORT
OBLIGATIONS.
(F) ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION
(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) 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 THIS SECTION:
(1) "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.
(2) "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.
(3) "LOCAL CHILD SUPPORT ENFORCEMENT AGENCY" MEANS A
CHILD SUPPORT ENFORCEMENT AGENCY OR ANY OTHER AGENCY OF A POLITICAL
SUBDIVISION OF THE STATE OPERATING PURSUANT TO A PLAN MENTIONED
IN DIVISION (H)(1) OF THIS SECTION.
(4) "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.
Sec. 4141.283. WHERE A 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
THAT 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 (D)(2) OF
SECTION
4141.24 OF THE REVISED CODE.
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 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 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
the individual has earned wages subject to this chapter
during the individual's base
period, or if the individual leaves that
locality, then in a locality where
suitable work normally is performed.
The administrator may waive the requirement that a claimant
be actively seeking work when the administrator finds that an
individual has
been laid off and the employer who laid 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, this waiver
shall
cease to be operative with respect to that layoff.
(b) The individual shall be instructed as to the efforts
that the individual must make in 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 the individual has sought work in complying
with those
instructions and, upon request, shall produce
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 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 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 that
school, meets the availability and active search for work
requirements of division (A)(4)(a) of this section if the
individual regularly attends the school during weeks with respect to which the
individual claims unemployment benefits and makes
self available on any shift of hours for suitable
employment
with the individual's most recent employer or any other
employer in the individual's base
period, or for any other suitable employment to which the
individual is
directed, under this chapter.
(e) The administrator shall adopt any rules
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 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 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.
AN INDIVIDUAL WHO IS PROVIDED TEMPORARY WORK ASSIGNMENTS BY THE
INDIVIDUAL'S
EMPLOYER UNDER AGREED TERMS AND CONDITIONS OF EMPLOYMENT, AND WHO IS
REQUIRED PURSUANT TO THOSE TERMS AND CONDITIONS TO INQUIRE WITH THE
INDIVIDUAL'S EMPLOYER FOR AVAILABLE WORK ASSIGNMENTS UPON THE CONCLUSION OF
EACH WORK ASSIGNMENT, IS NOT CONSIDERED UNABLE TO OBTAIN SUITABLE
EMPLOYMENT IF SUITABLE WORK ASSIGNMENTS ARE AVAILABLE WITH THE EMPLOYER BUT
THE INDIVIDUAL FAILS TO CONTACT THE EMPLOYER TO INQUIRE ABOUT WORK
ASSIGNMENTS.
(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 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 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.
(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) 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 the individual is or was last employed; and
for so long as
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) 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 the individual is not financing, participating in, or
directly
interested in such labor dispute;
(ii) 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
the individual's employer is a wholly owned subsidiary of
the employer engaged
in the dispute, or unless 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 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) The individual has been given a disciplinary layoff for
misconduct
in connection with the individual's work.
(2) For the duration of the individual's unemployment if
the
administrator finds that:
(a) The individual quit work without just cause
or has been
discharged for just cause in connection with 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 the individual makes
application to
enter, or is inducted into 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) The individual has left 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 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 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 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 (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, 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 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, 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) The individual has refused without good cause to accept
an offer
of suitable work when made by an employer either in person or to
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 the individual's employer and
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
(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) 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 the individual
is not
entitled.
(e) The individual became unemployed by reason of commitment
to any
correctional institution.
(f) The individual became unemployed because of dishonesty
in
connection with the individual's most recent or any base
period work. Remuneration earned in such work shall be excluded from
the
individual's total base period remuneration and qualifying weeks
that otherwise would be credited to
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 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 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 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 the
individual's
residence, having regard to the character of the work the
individual has been
accustomed to do, and travel to the place of work involves
expenses substantially greater than that required for 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,
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, the individual's
physical fitness for
the work, the individual's prior training and experience,
the length of the individual's
unemployment, the distance of the available work from the
individual's
residence, and the individual's prospects for obtaining
local work.
(G) The "duration of 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 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 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 that may
become
payable to such claimant, which are chargeable to the account of
the employer from whom 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 (D)(2)
of
section 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
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 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 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 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 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 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 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 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 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 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 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. 4141.301. (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 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-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-servicepersons
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
the individual's eligibility period.
(7) "Eligibility period" of an individual means the period
consisting of the weeks in the individual's benefit year
which begin in an
extended benefit period and, if 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 the individual's eligibility
period:
(a) Has received prior to the week, all of the regular
benefits that were available to 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-servicepersons under the "Act of September 6,
1966," 80 Stat.
585, 5 U.S.C.A. 8501, in 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 the individual under this
chapter or any
other state law, including dependents' allowances and regular
benefits available to federal civilian employees and
ex-servicepersons under the "Act of September 6,
1966," 80 Stat. 585,
5 U.S.C.A. 8501, in the individual's current benefit year
that includes the
week, after the cancellation of some or all of the
individual's wage credits
or the total or partial reduction of 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 the individual's current benefit year all of the
regular benefits
that were either payable or available to 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 the individual's
current benefit year,
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, the
individual is
not entitled to regular benefits with respect to the week of
unemployment, although the individual may be entitled to
regular benefits
with respect to future weeks of unemployment in either the next
season or off season in the individual's current benefit
year, and the individual is
otherwise an "exhaustee" within the meaning of this section with
respect to 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 the individual during the year
because the individual's wage
credits were cancelled or the individual's right to regular
benefits was
totally reduced as the result of the application of a
disqualification; or
(c) 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 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, 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 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 the individual is
seeking benefits
and the appropriate agency finally determines that 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 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 the
individual's eligibility
period shall be the same as the weekly benefit amount payable to
the individual during the individual's
applicable benefit year.
(E) The total extended benefit amount payable to any
eligible individual with respect to 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
the individual under Chapter 4141. of the Revised Code, in
the individual's applicable
benefit year;
(2) Thirteen times the individual's weekly benefit amount,
including
dependents' allowances, which was payable to 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 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 THE 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, 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 THAT may be charged to the employer's account.
Such potential
charge amount shall be an amount equal to one-fourth of the
regular benefits chargeable to 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 PROPORTION 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, 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 the individual's
eligibility period
during which 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 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 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 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. 4141.43. (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 (D)(2) of
section
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 the crew leader's place of business or from
which the crew leader's business
is operated or controlled;
(b) Resides if 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, AND THE
"WORKFORCE INVESTMENT ACT OF 1998," 112
STAT. 936, 29 U.S.C.A. 2801 ET SEQ.
(J)(1) THE ADMINISTRATOR MAY DISCLOSE WAGE INFORMATION FURNISHED
TO OR MAINTAINED BY THE ADMINISTRATOR UNDER CHAPTER 4141. of the Revised Code TO A
CONSUMER REPORTING AGENCY AS DEFINED BY THE "FAIR CREDIT
REPORTING ACT," 84 STAT. 1128, 15 U.S.C.A.
1681a, AS AMENDED, FOR THE PURPOSE OF VERIFYING AN
INDIVIDUAL'S
INCOME, ON THE CONDITION THAT THE CONSUMER REPORTING AGENCY
SUBMITS TO THE ADMINISTRATOR A STATEMENT IN WRITING FROM THE
CONSUMER REPORTING AGENCY AS SPECIFIED IN DIVISION
(J)(2) OF THIS SECTION. THE ADMINISTRATOR SHALL DESIGNATE A MANNER
AND FORMAT IN WHICH THIS INFORMATION MAY BE PROVIDED.
(2) WITH EACH INCOME VERIFICATION REQUEST MADE UNDER DIVISION
(J)(1) OF THIS SECTION, THE CONSUMER REPORTING AGENCY REQUESTING THE
INFORMATION SHALL PROVIDE ALL OF THE FOLLOWING TO THE ADMINISTRATOR:
(a) WRITTEN PROOF OF INFORMED CONSENT FROM THE INDIVIDUAL WHOSE
INFORMATION IS TO BE DISCLOSED;
(b) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER REPORTING
AGENCY AND ANY OTHER ENTITY TO WHICH THE INFORMATION IS DISCLOSED OR RELEASED
WILL SAFEGUARD THE INFORMATION FROM ILLEGAL OR UNAUTHORIZED DISCLOSURE;
(c) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER REPORTING
AGENCY WILL PAY TO THE BUREAU ALL COSTS ASSOCIATED WITH THE DISCLOSURE.
(K) THE ADMINISTRATOR SHALL ADOPT RULES DEFINING THE REQUIREMENTS
OF THE RELEASE OF INDIVIDUAL INCOME VERIFICATION INFORMATION SPECIFIED IN
DIVISION (J) OF THIS SECTION, WHICH SHALL INCLUDE ALL TERMS AND
CONDITIONS NECESSARY TO MEET THE REQUIREMENTS OF FEDERAL LAW AS INTERPRETED BY
THE UNITED STATES DEPARTMENT OF LABOR OR CONSIDERED
NECESSARY BY THE ADMINISTRATOR FOR THE PROPER ADMINISTRATION OF THIS SECTION.
Sec. 5104.11. (A)(1) Except as provided in division
(G)(1) of section 5104.011 of the Revised Code, after receipt of an
application for certification from a type B family day-care home,
the county director of human services shall inspect. If
it complies with this chapter and any applicable rules adopted under
this chapter, the county department shall certify the type B family
day-care home to provide
publicly funded child day-care pursuant to this chapter and any
rules adopted under it. The director of human services or a
county director of human services may contract with a government entity
or a private nonprofit entity for that entity to
inspect and certify type B family day-care homes pursuant to this
section. The county department of human services, government
entity, or nonprofit
entity shall conduct the inspection prior to the issuance of a
certificate for the type B home and, as part of that inspection,
shall ensure that the type B home is safe and sanitary. An
(2) EXCEPT AS PROVIDED IN DIVISION (A)(3) OF THIS
SECTION, AN
authorized provider of a type B family day-care home that
receives a certificate pursuant to this section to provide
publicly funded child day-care is an independent contractor and
is not an employee of the county department of human services
that issues the certificate.
(3) FOR PURPOSES OF CHAPTER 4141. OF THE REVISED CODE,
DETERMINATIONS CONCERNING THE EMPLOYMENT OF AN AUTHORIZED PROVIDER OF A
TYPE B FAMILY DAY-CARE HOME THAT RECEIVES A CERTIFICATE
PURSUANT TO THIS SECTION SHALL BE DETERMINED UNDER CHAPTER 4141.
OF THE REVISED CODE.
(B) Every person desiring to receive certification for a
type B family day-care home shall apply for certification to the
county director of human services on such forms as the director
of human services prescribes. The county director shall provide
at no charge to each applicant a copy of rules for certifying
type B family day-care homes adopted pursuant to this chapter.
(C) If the county director of human services determines
that the type B family day-care home complies with this chapter
and any rules adopted under it, the county director shall
issue to the provider a
certificate to provide publicly funded child day-care for twelve
months. The county director may revoke the certificate after determining
that revocation is necessary. The
authorized provider
shall post the certificate in a conspicuous place in the
certified type B home that is accessible to parents, custodians,
or guardians at all times. The certificate shall state the name
and address of the authorized provider, the maximum number of
children who may be cared for at any one time in the certified
type B home, the expiration date of the certification, and the
name and telephone number of the county director who issued the
certificate.
(D) The county director shall inspect every certified type
B family day-care home at least twice within each twelve-month
period of the operation of the certified type B home. A minimum
of one inspection shall be unannounced and all inspections may be
unannounced. Upon receipt of a complaint, the county director
shall investigate and may inspect the certified type B home. The
authorized provider shall permit the county director to inspect
any part of the certified type B home. The county director shall
prepare a written inspection report and furnish one copy to the
authorized provider within a reasonable time after the
inspection.
(E) The county director of human services, in accordance
with rules adopted pursuant to section 5104.052 of the Revised
Code regarding fire safety and fire prevention, shall inspect
each type B home that applies to be certified that is providing
or is to provide publicly funded child day-care.
(F) All materials that are supplied by the department of
human services to type A family day-care home providers, type B
family day-care home providers, in-home aides, persons who desire
to be type A family day-care home providers, type B family
day-care home providers, or in-home aides, and caretaker parents
shall be written at no higher than the sixth grade reading level.
The department may employ a readability expert to verify its
compliance with this division.
Section 2. That existing sections 2301.371, 3111.20, 3113.21,
4141.01, 4141.162, 4141.24, 4141.241, 4141.28, 4141.29, 4141.301, 4141.43, and
5104.11 of the Revised Code are hereby repealed.
Section 3. Section 4141.28 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 408 and Sub. H.B. 478 of the 122nd 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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