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H. B. No. 311 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Widowfield
Cosponsor:
Representative Evans
A BILL
To amend section 4141.30 of the Revised Code to
include in the calculation of dependents for the
purpose of determining unemployment benefits any
child that the individual claiming benefits has
been granted custody of by court order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4141.30 of the Revised Code be
amended to read as follows:
Sec. 4141.30. (A) All benefits shall be paid through
public
employment offices in accordance with such rules as the
director
of
job and family services prescribes.
(B) With the exceptions in division (B)(4) of this
section,
benefits are payable to each eligible and qualified
individual on
account of each week of involuntary total
unemployment after the
specified waiting period at the weekly
benefit amount determined
by:
(1) Computing the individual's average weekly wage as
defined
in division (O)(2) of section 4141.01 of the Revised
Code;
(2) Determining the individual's dependency class under
division (E) of this section;
(3) Computing the individual's weekly benefit amount to be
fifty per cent of the individual's average weekly wage
except,
that the
individual's weekly benefit amount shall not exceed the
maximum
amount shown for the individual's dependency class in the
following table:
|
Maximum Weekly |
Dependency Class |
Benefit Amount |
A |
$147 |
B |
223 |
C |
233 |
Effective Sunday of the calendar week in which January 1,
1988, occurs and on each similar day of each year thereafter, the
current maximum weekly benefit amount for each dependency class
shall be adjusted based on the statewide average weekly wage. Any
percentage
increase in such statewide average weekly wage
between
the wage computed for the current year and the wage
computed for
the preceding year shall be used to increase the
maximum amounts
then in effect by the same percentage. Such
increased amounts
will
be effective with respect to
apphcations
applications for benefit
rights
filed during the fifty-two consecutive
calendar weeks
beginning
with such Sunday date.
The director shall calculate the statewide average
weekly
wage based on the average weekly earnings of all workers
in
employment subject to this chapter during the preceding
twelve-month period ending the thirtieth day of June. The
calculation shall be made in the following manner:
(a) The sum of the total monthly employment reported for
the
previous twelve-month period shall be divided by twelve to
determine the average monthly employment;
(b) The sum of the total wages reported for the previous
twelve-month period shall be divided by the average monthly
employment to determine the average annual wage;
(c) The average annual wage shall be divided by fifty-two
to
determine the statewide average weekly wage.
In the computation of the weekly benefit amount, any
resulting amount not a multiple of one dollar shall be rounded to
the next lower multiple of one dollar. In the computation of the
adjusted maximum benefit amounts, based on the statewide average
weekly wage, any resulting amount not a multiple of one dollar
shall be rounded to the next lower multiple of one dollar.
(4) Effective Sunday of the calendar week in which January
1,
occurs for calendar years 1988 through 1993, the maximum
weekly
benefit amount payable for an individual's dependency
class for
those years shall be computed in accordance with this
division,
with an additional increase added to the prior year's
increase
equal to one-sixth of total percentage increase that
otherwise
would have been available in calendar years 1983, 1984,
1985,
1986, and 1987, if in those years an adjustment in the
maximum
weekly benefit amount would have been made pursuant to
this
division.
(5) Effective Sunday of the calendar week in which January
1,
1991, occurs, the maximum weekly benefit amounts computed
under
divisions (B)(3) and (4) of this section shall not exceed
the
following amounts:
(a) For dependency class A, fifty per cent of the
statewide
average weekly wage;
(b) For dependency class B, sixty per cent of the
statewide
average weekly wage;
(c) For dependency class C, sixty-six and two-thirds per
cent
of the statewide average weekly wage.
Division (B)(5) of this section applies to all new claims
filed on and after the Sunday of the calendar week in which
January 1, 1991, occurs, provided that the maximum weekly benefit
amounts established for the dependency classes prior to such date
apply to all claims until the maximum weekly benefit
amounts as
determined pursuant to division (B)(5) of this section equal or
exceed the maximum weekly benefit amounts in effect prior to such
date.
(C) Benefits are payable to each partially unemployed
individual otherwise eligible on account of each week of
involuntary partial unemployment after the specified waiting
period in an amount equal to the individual's weekly benefit
amount less that
part of the remuneration payable to the
individual with
respect to such week
which is in excess of twenty
per cent of the individual's
weekly benefit
amount, and the
resulting amount rounded to the next lower
multiple of one dollar.
(D) The total benefits to which an individual is entitled
in
any benefit year, whether for partial or total unemployment,
or
both, shall not exceed the lesser of the following two
amounts:
(1) an amount equal to twenty-six times the
individual's weekly
benefit amount determined in accordance with division (B) of this
section and this division, or (2) an amount computed by taking
the
sum of twenty times the individual's weekly benefit
amount for the
first
twenty base period qualifying weeks plus one times the
weekly
benefit amount for each additional qualifying week beyond
the
first twenty qualifying weeks in the individual's base
period.
(E)(1) Each eligible and qualified individual shall be
assigned
a dependency class in accordance with the following
schedule:
Class |
Description of Dependents |
A |
No dependents, or has insufficient
|
|
wages to
qualify for more than the |
|
maximum weekly benefit amount as |
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provided under
dependency class A |
B |
One or two dependents |
C |
Three or more dependents |
(2) As used in this division "dependent" (E) of this section:
(a) "Child" means any natural child, stepchild, or adopted
child of the individual claiming benefits and any child that the
individual claiming benefits has been granted custody of by court
order;
(1)(i) Any natural child, stepchild, or adopted child of for
whom the
individual claiming benefits for whom such individual at
the
beginning of the individual's current benefit year is
supplying
and for at
least ninety consecutive days, or for the
duration of
the
parental or custodial relationship if it existed
less than ninety days,
immediately preceding the beginning of such
benefit year, has
supplied more than one-half of the cost of
support and if such
child on the beginning date of such benefit
year was under
eighteen years of age, or if unable to work because
of permanent
physical or mental disability;
(2)(ii) The legally married wife or husband of the individual
claiming benefits for whom more than one-half the cost of support
has been supplied by such individual for at least ninety
consecutive days, or for the duration of the marital relationship
if it has existed for less than ninety days, immediately
preceding
the beginning of such individual's current benefit year
and such
wife or husband was living with such individual and had
an average
weekly income, in such period, not in excess of
twenty-five per
cent of the claimant's average weekly wage.
(3)(iii) If both the husband and wife qualify for benefit
rights
with overlapping benefit years, only one of them may
qualify for a
dependency class other than A.
Section 2. That existing section 4141.30 of the Revised Code
is hereby repealed.
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