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S. B. No. 330 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 4141.31 and 4141.312 of the Revised
Code to
eliminate the reduction in the amount of
a claimant's unemployment
compensation benefits
by the amount the claimant concurrently
receives
in specified military benefits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4141.31 and 4141.312 of the Revised
Code be amended to read as follows:
Sec. 4141.31. (A) Benefits otherwise payable for any week
shall be reduced by the amount of remuneration or other payments a
claimant
receives
with respect to such week as follows:
(1) Remuneration in lieu of notice;
(2) Compensation for wage loss under division (B) of
section
4123.56 of the Revised Code or a similar provision under
the
workers' compensation law of any state or
the United States;
(3) Payments in the form of retirement, or pension allowances
as provided under section 4141.312 of the Revised Code;
(4) Remuneration Except as otherwise provided in division (D)
of this section, remuneration in the form of separation or
termination
pay paid to an employee at the time of the employee's
separation
from employment;
(5) Vacation pay or allowance payable under the terms of a
labor-management contract or agreement, or other contract of
hire,
which payments are allocated to designated weeks.
If payments under this division are paid with respect to a
month then the amount of remuneration deemed to be received with
respect to any week during such month shall be computed by
multiplying such monthly amount by twelve and dividing the
product
by fifty-two. If there is no designation of the period
with
respect to which payments to an individual are made under
this
section then an amount equal to such individual's normal
weekly
wage shall be attributed to and deemed paid with respect
to the
first and each succeeding week following the
individual's
separation or
termination from the employment of the employer
making the
payment until such amount so paid is exhausted.
If benefits for any week, when reduced as provided in this
division, result in an amount not a multiple of one dollar, such
benefits shall be rounded to the next lower multiple of one
dollar.
Any payment allocated by the employer or the
director
of job
and family services to weeks
under division
(A)(1), (4), or (5) of
this section shall be deemed to be
remuneration for the purposes
of establishing a qualifying week
and a benefit year under
divisions (O)(1) and (R) of section
4141.01 of the Revised Code.
(B) Benefits payable for any week shall not be reduced by
the
amount of remuneration a claimant receives with respect to
such
week in the form of drill or reserve pay received by a
member
of
the Ohio national guard or the armed forces reserve for
attendance
at a regularly scheduled drill or meeting.
(C) No benefits shall be paid for any week with respect to
which or a part of which an individual has received or is seeking
unemployment benefits under an unemployment compensation law of
any other state or of the United States, provided the
disqualifications shall not apply if the appropriate agency of
such other state or of the United States finally determines that
an individual is not entitled to such unemployment benefits.
A
law of the United States providing any payment of any type and in
any
amounts for periods of unemployment due to lack of work shall
be
considered an unemployment compensation law of the United
States.
(D) Notwithstanding any other provision in this chapter,
benefits otherwise Benefits payable for any week shall not be
reduced by payments that
were made the amount of military
severance, disability, or separation pay paid to an individual on
or after August 1, 1991, pursuant
to
"The National Defense
Authorization Act for Fiscal Years 1992
and
1993," Public Law
102-190, 105 Stat. 1394, 1396, 10 U.S.C.A.
1174a, 1175, in the
form of voluntary separation incentive
payments and special
separation pay who is a former member of the armed forces of the
United States.
Sec. 4141.312. (A) Except as otherwise specified in division
(B) of 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 seq., or the "Railroad
Retirement Act of 1974," 45 U.S.C. 231 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 sections 4141.31 and 4141.312 of the
Revised Code are hereby repealed.
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