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H.B. 21 Enrolled
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6 Cosponsors:
7 Janice M. FisherJulie FisherChristopher N. Herrod 8
9 LONG TITLE
10 General Description:
11 This bill modifies provisions of the Employment Security Act regarding the eligibility of
12 a claimant to receive unemployment compensation benefits.
13 Highlighted Provisions:
14 This bill:
15 . clarifies that a claimant for unemployment benefits is not required to personally
16 report at an employment office as a condition of ongoing eligibility to receive
17 benefits;
18 . provides for the waiver of certain filing requirements for unemployment
19 compensation benefits if a disaster is declared by the President of the United States
20 or the governor; and
21 . makes certain technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 35A-4-403, as last amended by Laws of Utah 1999, Chapter 80
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 35A-4-403 is amended to read:
32 35A-4-403. Eligibility of individual -- Conditions -- Furnishing reports -- Weeks
33 of employment -- Successive benefit years.
34 (1) Except as provided in Subsection (2), an unemployed individual is eligible to receive
35 benefits [
36 (a) the individual has made a claim for benefits [
37 accordance with [
38 (3);
39 (b) the individual has registered for work [
40
41 during each and every week for which the individual made a claim for benefits under this
42 chapter in accordance with [
43 Subsection (3);
44 (c) the individual is able to work and is available for work during each and every week
45 [
46
47
48 (d) the individual has been unemployed for a waiting period of one week [
49
50 the purpose of this Subsection (1)(d):
51 (i) unless it occurs within the benefit year that includes the week [
52 which the [
53 (ii) if benefits have been paid [
54 (iii) unless the individual was eligible for benefits [
55 provided in this section and Sections 35A-4-401 and 35A-4-405 , except for the requirement of
56 Subsection (1)(d)[
57 (e) (i) the individual has furnished the division separation and other information the
58 department may [
59 rule, or proves to the satisfaction of the division that the individual had good cause for failing to
60 furnish the information[
61 [
62 employment as required by this chapter and rules adopted under the chapter, the division shall,
63 on the basis of [
64 insured status of [
65 to be an interested party to [
66 (f) (i) the individual's base period wages were at least 1-1/2 times the individual's wages
67 for insured work paid during that quarter of the individual's base period in which the individual's
68 wages were highest; or
69 (ii) the individual shows to the satisfaction of the division that the individual worked at
70 least 20 weeks in insured work during the individual's base period and earned wages of at least
71 5% of the monetary base period wage requirement each week, rounded to the nearest whole
72 dollar, provided that the individual's total base-period wages were not less than the monetary
73 base period wage requirement[
74 Section 35A-4-201 [
75 (g) (i) the individual applying for benefits in a successive benefit year has had
76 subsequent employment since the effective date of the preceding benefit year equal to at least
77 six times the individual's weekly benefit amount, in insured work[
78 (ii) the individual's total wages and employment experience in the individual's base
79 period meet the requirements specified in Subsection (1)(f).
80 (2) (a) For purposes of this Subsection (2), "suitable employment" means:
81 (i) work of a substantially equal or higher skill level than the individual's past adversely
82 affected employment as defined for purposes of the Trade Act of 1974; and
83 (ii) wages for that work at not less than 80% of the individual's average weekly wage as
84 determined for purposes of the Trade Act of 1974.
85 [
86 ineligible to receive benefits by reason of nonavailability for work, failure to search for work,
87 refusal of suitable work, failure to apply for or to accept suitable work, or not having been
88 unemployed for a waiting period of one week [
89 the approved training.
90 (ii) For purposes of [
91 mandatory apprenticeship-related training.
92 [
93 deny an otherwise eligible individual [
94 (i) because the individual is in training approved under Section 236 (a)(1) of the Trade
95 Act of 1974, 19 U.S.C. 2296(a);
96 (ii) for leaving work to enter training described in Subsection (2)[
97 left is not suitable employment; or
98 (iii) because of the application to any such week in training of provisions in this law or
99 any applicable federal unemployment compensation law relating to availability for work, active
100 search for work, or refusal to accept work.
101 [
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106 (3) The department may, by rule, waive or alter either or both of the requirements of
107 Subsections (1)(a) and (b) as to:
108 (a) individuals attached to regular jobs; [
109 (b) a disaster in Utah as declared by the President of the United States or by the state's
110 governor after giving due consideration to factors directly associated with the disaster,
111 including:
112 (i) the disaster's impact on employers and their ability to employ workers in the affected
113 area in Utah;
114 (ii) the disaster's impact on claimants and their ability to comply with filing requirements
115 in the affected area in Utah; and
116 (iii) the magnitude of the disaster and the anticipated time for recovery; and
117 (c) cases or situations [
118 requirements would be oppressive, or would be inconsistent with the purposes of this chapter,
119 as long as the [
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