The Unemployment Compensation Law, in general: (1) requires employers to pay contributions into the Unemployment Compensation Fund at a certain rate of the wages paid by the employer for employment; and (2) makes persons who have become unemployed and comply with certain requirements eligible for benefits from the Unemployment Compensation Fund in an amount based on the person's previous wages for employment. (Chapter 612 of NRS) Existing law sets forth procedures for filing a claim for benefits. (NRS 612.455-612.530) Section 2 of this bill requires the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to establish and maintain a computerized system for the processing of claims for benefits. Section 2 sets forth certain requirements for the system. Section 25 of this bill makes an appropriation for the costs of establishing and maintaining the computerized system. Existing law requires the Administrator to make certain determinations with respect to the benefit status and eligibility status of each person who files a claim for benefits. (NRS 612.460, 612.465, 612.470) Sections 16 and 17 of this bill set forth certain time frames in which the Administrator is required to make such determinations. Section 3 of this bill prohibits the Administrator from denying benefits as part of a policy of denying all claims for benefits of a particular group or category. Section 4 of this bill prohibits the Administrator from making a determination denying benefits to an otherwise eligible insured worker on the grounds of nondisclosure or misrepresentation of a material fact unless the Administrator first provides the insured worker notice and a hearing. Section 4 sets forth certain requirements for the conduct of such a hearing. Section 5 of this bill creates the Office of the Ombudsman for Unemployment Benefits and prescribes the duties of the Ombudsman, which include, among others, advocating on behalf of persons applying for and receiving benefits and providing assistance to such persons. Section 6 of this bill requires all benefits to be paid by check, made payable to the person to whom the benefits are payable. Section 7 of this bill requires the Administrator to post certain information on an Internet website established and maintained by the Administrator. To be eligible for unemployment benefits, a person is required to have been paid a certain amount of wages during a specified period of time referred to as the person's “base period.” (NRS 612.375) Section 8 of this bill revises the definition of the term “base period” to remove provisions providing for the use of an alternative base period for persons who would otherwise be ineligible for unemployment benefits. Sections 9, 12-14, 22 and 23 of this bill remove certain provisions of existing law authorizing the Administrator to suspend, modify, amend or waive certain provisions of the Unemployment Compensation Law under certain circumstances. Under existing law, the Administrator or Division is authorized to provide documents or communications to a person electronically if the person has requested to receive documents or communications electronically. (NRS 612.253) Section 10 of this bill provides that the electronic provision of any document or communication to a person who has requested such electronic provision is deemed to satisfy any requirement under existing state law that the Administrator or Division mail a document or communication. However, if the document or communication involves a substantive decision concerning benefits, as determined by regulation of the Administrator, section 10 requires the document or communication to also be mailed. Existing law sets forth certain requirements for the collection of overpayments of benefits by the Administrator. (NRS 612.365) Section 11 of this bill requires the Administrator to collect certain overpayments paid to a person who is eligible for regular benefits but received other benefits by deducting the amount overpaid from the regular benefits payable to the person. Sections 18-21 of this bill revise procedures governing the filing and conduct of appeals before an Appeal Tribunal and the Board of Review. Sections 19 and 21 of this bill require the Administrator to pay to certain persons who prevail in such appeals reasonable attorney's fees and costs. Under existing law, an employer's contribution rate is based on the employer's experience rating, which reflects the amount of unemployment compensation benefits that are paid to former employees and charged to the employer's experience rating record. Existing law requires, in general, that a certain percentage of unemployment benefits paid to a person be charged against the experience rating record of each employer from which the person received wages during his or her base period. (NRS 612.550) Section 22 of this bill prohibits any amount of benefits paid to a person which constitute overpayments of benefits from being charged to the person's base-period employers. Section 26 of this bill provides that benefits paid to a person during the second or third calendar quarter of calendar year 2022 are prohibited from being charged against the experience rating record of any of the person's base period employers. Existing law authorizes certain employers to reimburse the Unemployment Compensation Fund for benefits paid to their former employees rather than making quarterly contributions to the Fund. Existing law requires the Administrator to, after the end of each calendar quarter or at the end of any other period as determined by the Administrator, determine the amount of reimbursement due from each employer who has elected to make reimbursement in lieu of contributions and bill each employer for that amount. (NRS 612.553) Section 24 of this bill prohibits that amount from including benefits paid to a person that constitute an overpayment of benefits. Section 26 requires the Administrator, in determining the amount of reimbursement due from an employer who has elected to make reimbursement in lieu of contributions, to reduce by not more than 50 percent the amount of reimbursement that is attributable to benefits paid to a person during the second or third calendar quarter of calendar year 2022. Section 15 of this bill makes a conforming change to indicate the proper placement of sections 3 and 4 in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 612.025, 612.220, 612.253, 612.365, 612.420, 612.425, 612.430, 612.450, 612.460, 612.470, 612.495, 612.500, 612.510, 612.515, 612.550, 612.551, 612.553
BDR: 612.025, 612.220, 612.253, 612.365, 612.420, 612.425, 612.430, 612.450, 612.460, 612.470, 612.495, 612.500, 612.510, 612.515, 612.550, 612.551, 612.553