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(127th General Assembly)
(Amended Senate Bill Number 116)
To amend section 4141.312 of the Revised Code to
specify conditions under which a claimant's
unemployment compensation benefits are not reduced
by the amount the claimant concurrently receives
in social security retirement benefits and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 4141.312 of the Revised Code be
amended to read as follows:
Sec. 4141.312. (A)
The Except as otherwise specified in this
section, the amount of benefits payable to a claimant for any
with respect to which the claimant is receiving a
other pension, retirement or retired pay, annuity
or any other
similar periodic payment which is based on the
previous work of
the individual, shall be reduced by an amount equal to the amount
the pension, retirement or retired pay, annuity or other
which is reasonably attributable to that week, except that
the requirements for this division shall apply to any pension,
retirement or retired pay, annuity, or other similar periodic
payment only if both of the following apply:
(1) The payment is under a plan maintained or contributed to
by a base period employer or chargeable employer.
(2) In the case of a payment under a plan not made under the
"Social Security Act," 42 U.S.C. 401
et. et seq., or the "Railroad
Retirement Act of 1974," 45 U.S.C. 231 et. et seq., or the
corresponding provisions of prior law, services performed for such
employer by the individual after the beginning of the base period,
or remuneration for such services, affect eligibility for, or
increase the amount of, such pension, retirement or retired pay,
annuity, or similar payment.
(B) The amount of any disability pension, allowance, or
payment paid to former members of the armed forces of the United
States which is based on the nature and extent of the disability
rather than a prior period of employment or service, shall not
reduce or be deducted from the weekly benefits payable.
(C) If a claimant has made a contribution to social security
pursuant to the "Social Security Act," 42 U.S.C. 401 et seq., and
that claimant is receiving a retirement payment pursuant to that
act, the claimant's weekly benefit shall not be reduced by the
amount of that retirement payment because the claimant contributed
to social security.
SECTION 2. That existing section 4141.312 of the Revised
Code is hereby repealed.
SECTION 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
provide immediate assistance to individuals who are deprived
currently of their full unemployment compensation benefits under
Ohio law. Therefore, this act shall go into immediate effect.