HOUSE BILL NO. 1849 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HEWKIN.
5218H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 288.060 as enacted by house bill no. 150, ninety-eighth general assembly, first regular session, and section 288.060 as enacted by house bill no. 163, ninety-sixth general assembly, first regular session, and to enact in lieu thereof one new section relating to duration of unemployment benefits.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 288.060 as enacted by house bill no. 150, ninety-eighth general 2 assembly, first regular session, and section 288.060 as enacted by house bill no. 163, ninety- 3 sixth general assembly, first regular session, are repealed and one new section enacted in lieu 4 thereof, to be known as section 288.060, to read as follows: [288.060. 1. All benefits shall be paid through employment offices in 2 accordance with such regulations as the division may prescribe. 3 2. Each eligible insured worker who is totally unemployed in any 4 week shall be paid for such week a sum equal to his or her weekly benefit 5 amount. 6 3. Each eligible insured worker who is partially unemployed in any 7 week shall be paid for such week a partial benefit. Such partial benefit shall be 8 an amount equal to the difference between his or her weekly benefit amount 9 and that part of his or her wages for such week in excess of twenty dollars, 10 and, if such partial benefit amount is not a multiple of one dollar, such amount 11 shall be reduced to the nearest lower full dollar amount. For calendar year 12 2007 and each year thereafter, such partial benefit shall be an amount equal to 13 the difference between his or her weekly benefit amount and that part of his or 14 her wages for such week in excess of twenty dollars or twenty percent of his or 15 her weekly benefit amount, whichever is greater, and, if such partial benefit 16 amount is not a multiple of one dollar, such amount shall be reduced to the
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1849 2
17 nearest lower full dollar amount. Pay received by an eligible insured worker 18 who is a member of the organized militia for training or duty authorized by 19 Section 502(a)(1) of Title 32, United States Code, shall not be considered 20 wages for the purpose of this subsection. 21 4. The division shall compute the wage credits for each individual by 22 crediting him or her with the wages paid to him or her for insured work during 23 each quarter of his or her base period or twenty-six times his or her weekly 24 benefit amount, whichever is the lesser. In addition, if a claimant receives 25 wages in the form of termination pay or severance pay and such payment 26 appears in a base period established by the filing of an initial claim, the 27 claimant may, at his or her option, choose to have such payment included in 28 the calendar quarter in which it was paid or choose to have it prorated equally 29 among the quarters comprising the base period of the claim. For the purpose 30 of this section, wages shall be counted as wage credits for any benefit year, 31 only if such benefit year begins subsequent to the date on which the employing 32 unit by whom such wages were paid has become an employer. The wage 33 credits of an individual earned during the period commencing with the end of a 34 prior base period and ending on the date on which he or she filed an allowed 35 initial claim shall not be available for benefit purposes in a subsequent benefit 36 year unless, in addition thereto, such individual has subsequently earned either 37 wages for insured work in an amount equal to at least five times his or her 38 current weekly benefit amount or wages in an amount equal to at least ten 39 times his or her current weekly benefit amount. 40 5. The duration of benefits payable to any insured worker during any 41 benefit year shall be limited to: 42 (1) Twenty weeks if the Missouri average unemployment rate is nine 43 percent or higher; 44 (2) Nineteen weeks if the Missouri average unemployment rate is 45 between eight and one-half percent and nine percent; 46 (3) Eighteen weeks if the Missouri average unemployment rate is eight 47 percent up to and including eight and one-half percent; 48 (4) Seventeen weeks if the Missouri average unemployment rate is 49 between seven and one-half percent and eight percent; 50 (5) Sixteen weeks if the Missouri average unemployment rate is seven 51 percent up to and including seven and one-half percent; 52 (6) Fifteen weeks if the Missouri average unemployment rate is 53 between six and one-half percent and seven percent; 54 (7) Fourteen weeks if the Missouri average unemployment rate is six 55 percent up to and including six and one-half percent; 56 (8) Thirteen weeks if the Missouri average unemployment rate is 57 below six percent. 58 59 As used in this subsection, the phrase "Missouri average unemployment rate" 60 means the average of the seasonally adjusted statewide unemployment rates as 61 published by the United States Department of Labor, Bureau of Labor 62 Statistics, for the time periods of January first through March thirty-first and 63 July first through September thirtieth. The average of the seasonally adjusted 64 statewide unemployment rates for the time period of January first through HB 1849 3
65 March thirty-first shall be effective on and after July first of each year and 66 shall be effective through December thirty-first. The average of the seasonally 67 adjusted statewide unemployment rates for the time period of July first 68 through September thirtieth shall be effective on and after January first of each 69 year and shall be effective through June thirtieth; and 70 (9) The provisions of this subsection shall become effective January 1, 71 2016. 72 6. In the event that benefits are due a deceased person and no petition 73 has been filed for the probate of the will or for the administration of the estate 74 of such person within thirty days after his or her death, the division may by 75 regulation provide for the payment of such benefits to such person or persons 76 as the division finds entitled thereto and every such payment shall be a valid 77 payment to the same extent as if made to the legal representatives of the 78 deceased. 79 7. The division is authorized to cancel any benefit warrant remaining 80 outstanding and unpaid one year after the date of its issuance and there shall be 81 no liability for the payment of any such benefit warrant thereafter. 82 8. The division may establish an electronic funds transfer system to 83 transfer directly to claimants' accounts in financial institutions benefits payable 84 to them pursuant to this chapter. To receive benefits by electronic funds 85 transfer, a claimant shall satisfactorily complete a direct deposit application 86 form authorizing the division to deposit benefit payments into a designated 87 checking or savings account. Any electronic funds transfer system created 88 pursuant to this subsection shall be administered in accordance with 89 regulations prescribed by the division. 90 9. The division may issue a benefit warrant covering more than one 91 week of benefits. 92 10. Prior to January 1, 2005, the division shall institute procedures 93 including, but not limited to, name, date of birth, and Social Security 94 verification matches for remote claims filing via the use of telephone or the 95 internet in accordance with such regulations as the division shall prescribe. At 96 a minimum, the division shall verify the Social Security number and date of 97 birth when an individual claimant initially files for unemployment insurance 98 benefits. If verification information does not match what is on file in division 99 databases to what the individual is stating, the division shall require the 100 claimant to submit a division-approved form requesting an affidavit of 101 eligibility prior to the payment of additional future benefits. The division of 102 employment security shall cross-check unemployment compensation 103 applicants and recipients with Social Security Administration data 104 maintained by the federal government at least weekly. The division of 105 employment security shall cross-check at least monthly unemployment 106 compensation applicants and recipients with department of revenue drivers 107 license databases.] 288.060. 1. All benefits shall be paid through employment offices in accordance with 2 such regulations as the division may prescribe. HB 1849 4
3 2. Each eligible insured worker who is totally unemployed in any week shall be paid 4 for such week a sum equal to his or her weekly benefit amount. 5 3. Each eligible insured worker who is partially unemployed in any week shall be 6 paid for such week a partial benefit. Such partial benefit shall be an amount equal to the 7 difference between his or her weekly benefit amount and that part of his or her wages for such 8 week in excess of twenty dollars, and, if such partial benefit amount is not a multiple of one 9 dollar, such amount shall be reduced to the nearest lower full dollar amount. For calendar 10 year 2007 and each year thereafter, such partial benefit shall be an amount equal to the 11 difference between his or her weekly benefit amount and that part of his or her wages for such 12 week in excess of twenty dollars or twenty percent of his or her weekly benefit amount, 13 whichever is greater, and, if such partial benefit amount is not a multiple of one dollar, such 14 amount shall be reduced to the nearest lower full dollar amount. Termination pay, severance 15 pay, or pay received by an eligible insured worker who is a member of the organized militia 16 for training or duty authorized by Section 502(a)(1) of Title 32, United States Code, shall not 17 be considered wages for the purpose of this subsection. 18 4. The division shall compute the wage credits for each individual by crediting him or 19 her with the wages paid to him or her for insured work during each quarter of his or her base 20 period or twenty-six times his or her weekly benefit amount, whichever is the lesser. In 21 addition, if a claimant receives wages in the form of termination pay or severance pay and 22 such payment appears in a base period established by the filing of an initial claim, the 23 claimant may, at his or her option, choose to have such payment included in the calendar 24 quarter in which it was paid or choose to have it prorated equally among the quarters 25 comprising the base period of the claim. The maximum total amount of benefits payable to 26 any insured worker during any benefit year shall not exceed twenty times his or her weekly 27 benefit amount, or thirty-three and one-third percent of his or her wage credits, whichever is 28 the lesser. For the purpose of this section, wages shall be counted as wage credits for any 29 benefit year, only if such benefit year begins subsequent to the date on which the employing 30 unit by whom such wages were paid has become an employer. The wage credits of an 31 individual earned during the period commencing with the end of a prior base period and 32 ending on the date on which he or she filed an allowed initial claim shall not be available for 33 benefit purposes in a subsequent benefit year unless, in addition thereto, such individual has 34 subsequently earned either wages for insured work in an amount equal to at least five times 35 his or her current weekly benefit amount or wages in an amount equal to at least ten times his 36 or her current weekly benefit amount. 37 5. (1) The duration of benefits payable to any insured worker during any benefit 38 year shall be limited to: HB 1849 5
39 (a) Twenty weeks if the Missouri unemployment rate is higher than nine 40 percent; 41 (b) Nineteen weeks if the Missouri unemployment rate is higher than eight and 42 one-half percent but no higher than nine percent; 43 (c) Eighteen weeks if the Missouri unemployment rate is higher than eight 44 percent but no higher than eight and one-half percent; 45 (d) Seventeen weeks if the Missouri unemployment rate is higher than seven and 46 one-half percent but no higher than eight percent; 47 (e) Sixteen weeks if the Missouri unemployment rate is higher than seven 48 percent but no higher than seven and one-half percent; 49 (f) Fifteen weeks if the Missouri unemployment rate is higher than six and one- 50 half percent but no higher than seven percent; 51 (g) Fourteen weeks if the Missouri unemployment rate is higher than six percent 52 but no higher than six and one-half percent; 53 (h) Thirteen weeks if the Missouri unemployment rate is higher than five and 54 one-half percent but no higher than six percent; 55 (i) Twelve weeks if the Missouri unemployment rate is higher than five percent 56 but no higher than five and one-half percent; 57 (j) Eleven weeks if the Missouri unemployment rate is higher than four and one- 58 half percent but no higher than five percent; 59 (k) Ten weeks if the Missouri unemployment rate is higher than four percent but 60 no higher than four and one-half percent; 61 (l) Nine weeks if the Missouri unemployment rate is higher than three and one- 62 half percent but no higher than four percent; and 63 (m) Eight weeks if the Missouri unemployment rate is at or below three and one- 64 half percent. 65 (2) As used in this subsection, the phrase "Missouri unemployment rate" means 66 the statewide unemployment rate as published by the United States Department of 67 Labor, Bureau of Labor Statistics, on the date that the claimant initially files a claim for 68 benefits. 69 (3) The provisions of this subsection shall become effective January 1, 2027. 70 6. In the event that benefits are due a deceased person and no petition has been filed 71 for the probate of the will or for the administration of the estate of such person within thirty 72 days after his or her death, the division may by regulation provide for the payment of such 73 benefits to such person or persons as the division finds entitled thereto and every such 74 payment shall be a valid payment to the same extent as if made to the legal representatives of 75 the deceased. HB 1849 6
76 [6.] 7. The division is authorized to cancel any benefit warrant remaining outstanding 77 and unpaid one year after the date of its issuance and there shall be no liability for the 78 payment of any such benefit warrant thereafter. 79 [7.] 8. The division may establish an electronic funds transfer system to transfer 80 directly to claimants' accounts in financial institutions benefits payable to them pursuant to 81 this chapter. To receive benefits by electronic funds transfer, a claimant shall satisfactorily 82 complete a direct deposit application form authorizing the division to deposit benefit 83 payments into a designated checking or savings account. Any electronic funds transfer 84 system created pursuant to this subsection shall be administered in accordance with 85 regulations prescribed by the division. 86 [8.] 9. The division may issue a benefit warrant covering more than one week of 87 benefits. 88 [9.] 10. Prior to January 1, 2005, the division shall institute procedures including, but 89 not limited to, name, date of birth, and Social Security verification matches for remote claims 90 filing via the use of telephone or the internet in accordance with such regulations as the 91 division shall prescribe. At a minimum, the division shall verify the Social Security number 92 and date of birth when an individual claimant initially files for unemployment insurance 93 benefits. If verification information does not match what is on file in division databases to 94 what the individual is stating, the division shall require the claimant to submit a division- 95 approved form requesting an affidavit of eligibility prior to the payment of additional future 96 benefits. The division of employment security shall cross-check unemployment 97 compensation applicants and recipients with Social Security Administration data 98 maintained by the federal government at least weekly. The division of employment 99 security shall cross-check at least monthly unemployment compensation applicants and 100 recipients with department of revenue drivers license databases. 101 11. The division shall promulgate rules and regulations to administer this 102 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is 103 created under the authority delegated in this section shall become effective only if it 104 complies with and is subject to all of the provisions of chapter 536 and, if applicable, 105 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 106 vested with the general assembly pursuant to chapter 536 to review, to delay the 107 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, 108 then the grant of rulemaking authority and any rule proposed or adopted after August 109 28, 2026, shall be invalid and void. ✔
Statutes affected: