130th Ohio General Assembly
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(127th General Assembly)
(Amended Senate Bill Number 116)



AN ACT
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 week with respect to which the claimant is receiving a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment which is based on the previous work of the individual, shall be reduced by an amount equal to the amount of the pension, retirement or retired pay, annuity or other payment which is reasonably attributable to that week, 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.

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