SB172: relative to eligibility for state-federal extended unemployment benefits.

CHAPTER 323

SB 172 – FINAL VERSION

03Jun2009… 1430h

2009 SESSION

09-0954

08/01

SENATE BILL 172

AN ACT relative to eligibility for state-federal extended unemployment benefits.

SPONSORS: Sen. Hassan, Dist 23; Sen. Kelly, Dist 10; Sen. Downing, Dist 22; Rep. Goley, Hills 8; Rep. Reardon, Merr 11; Rep. Craig, Hills 9; Rep. J. Knowles, Hills 27

COMMITTEE: Commerce, Labor and Consumer Protection

AMENDED ANALYSIS

This bill clarifies the meaning of base period for the determination of eligibility of state-federal extended unemployment benefits.

This bill also allows the commissioner of the department of employment security to use certain federal moneys.

This bill is a request of the department of employment security.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Jun2009… 1430h

09-0954

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to eligibility for state-federal extended unemployment benefits.

Be it Enacted by the Senate and House of Representatives in General Court convened:

323:1 State-Federal Extended Benefit Program; Eligibility for Benefits. Amend RSA 282-A:30, III to read as follows:

III. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the commissioner finds that with respect to such week:

(a) [He] The individual is an “exhaustee” as defined in subparagraph I(j)[, and];

(b) [He] The individual has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits[.]; and

(c) In the base period with respect to which the individual exhausted all rights to regular compensation under this chapter, the individual has earnings covered by this chapter for compensation purposes which exceed 40 times the individual’s most recent weekly benefit amount.

323:2 State-Federal Extended Benefit Program; Definitions. Amend RSA 282-A:30, I(e) to read as follows:

(e) There is a “New Hampshire ‘off' indicator” for this state for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that none of the options in subparagraph I(d) are met:

(1) [Was] The rate of insured unemployment (not seasonally adjusted) under this chapter was:

(A) Less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, or

[(2) Was] (B) Less than 5 percent.

(2) The average rate of total unemployment in New Hampshire, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of the week was less than:

(A) 6 percent; or

(B) 110 percent of the average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years.

323:3 New Paragraph; Money Credited Under Section 903 of the Social Security Act. Amend RSA 282-A:140-a by inserting after paragraph V the following new paragraph:

VI. Notwithstanding paragraph I, moneys credited with respect to the 2009 special transfer made under section 903(g) of the Social Security Act shall be used by the commissioner, with the consent and acceptance of governor and council, and are not subject to appropriation by the legislature. Such moneys shall be used effective February 17, 2009 solely for:

(a) Implementing and administering the statutory provisions in RSA 282-A which qualified New Hampshire for the receipt of incentive payments for unemployment compensation modernization pursuant to Section 2003 of Public Law 111-5;

(b) Improved outreach to individuals who might be eligible by virtue of such statutory provisions;

(c) The improvement of unemployment compensation benefit and tax operations, including responding to increased demand for unemployment compensation; and

(d) Staff assisted reemployment services for unemployment compensation claimants.

323:4 Effective Date. This act shall take effect upon its passage.

Approved: August 7, 2009

Effective Date: August 7, 2009