H.B. 22





Chief Sponsor: Rebecca P. Edwards

Senate Sponsor: Aaron Osmond

             7      LONG TITLE
             8      Committee Note:
             9          The Economic Development and Workforce Services Interim Committee recommended
             10      this bill.
             11      General Description:
             12          This bill modifies provisions of Title 35A, Chapter 4, Employment Security Act,
             13      related to unemployment insurance.
             14      Highlighted Provisions:
             15          This bill:
             16          .    removes a provision regarding the overlapping of base periods when determining
             17      when certain benefit costs will not be charged to an employer; and
             18          .    makes technical changes.
             19      Money Appropriated in this Bill:
             20          None
             21      Other Special Clauses:
             22          None
             23      Utah Code Sections Affected:
             24      AMENDS:
             25           35A-4-307 , as last amended by Laws of Utah 2012, Chapter 54
             27      Be it enacted by the Legislature of the state of Utah:

             28          Section 1. Section 35A-4-307 is amended to read:
             29           35A-4-307. Social costs -- Relief of charges.
             30          (1) Social costs [shall consist of those benefit costs defined as follows] consist of the
             31      following benefit costs:
             32          (a) Benefit costs of an individual will not be charged to a base-period employer[, but
             33      will be] and are considered social costs if the individual's separation from that employer
             34      occurred under [any of] the following circumstances:
             35          (i) the individual was discharged by the employer or voluntarily quit employment with
             36      the employer for disqualifying reasons, but subsequently requalified for benefits and actually
             37      received benefits;
             38          (ii) the individual received benefits following a quit which was not attributable to the
             39      employer;
             40          (iii) the individual received benefits following a discharge for nonperformance due to
             41      medical reasons;
             42          (iv) the individual received benefits while attending the first week of mandatory
             43      apprenticeship training; or
             44          (v) the individual received benefits after quitting voluntarily to accompany or follow a
             45      spouse who is a member of the United States armed forces as described in Subsection
             46      35A-4-405 (1)(e).
             47          (b) Social costs are benefit costs [which] that are or have been charged to [employers]
             48      an employer who [have] has terminated coverage and [are] is no longer liable for contributions,
             49      less the amount of contributions paid by [such employers] the employer during the same time
             50      period.
             51          (c) The difference between the benefit charges of all employers whose benefit ratio
             52      exceeds the maximum overall contribution rate and the amount determined by multiplying the
             53      taxable payroll of the same employers by the maximum overall contribution rate is a social
             54      cost.
             55          (d) Benefit costs attributable to a concurrent base-period employer will not be charged
             56      to that employer if the individual's customary hours of work for that employer have not been
             57      reduced.
             58          (e) Benefit costs incurred during the course of division-approved training [which

             59      occurs after December 31, 1985,] will not be charged to base-period employers.
             60          (f) Benefit costs will not be charged to employers if [such] the costs are attributable to:
             61          (i) the state's share of extended benefits;
             62          (ii) uncollectible benefit overpayments; or
             63          (iii) the proportion of benefit costs of combined wage claims that are chargeable to
             64      Utah employers and are insufficient when separately considered for a monetary eligible claim
             65      under Utah law and which have been transferred to a paying state[; and].
             66          [(iv) benefit costs attributable to wages used in a previous benefit year that are
             67      available for a second benefit year under Subsection 35A-4-401 (2) because of a change in
             68      method of computing base-periods, overlapping base-periods, or for other reasons required by
             69      law.]
             70          (g) [Any benefit] Benefit costs that are not charged to an employer and not [defined]
             71      described in this Subsection (1) are also social costs.
             72          (2) Subsection (1) applies only to contributing employers and not to employers that
             73      have elected to finance the payment of benefits in accordance with Section 35A-4-309 or
             74      35A-4-311 .

Legislative Review Note
    as of 10-16-13 2:30 PM

Office of Legislative Research and General Counsel

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