HOUSE DOCKET, NO. 1048        FILED ON: 1/15/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1772

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Martin J. Walsh

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act modernizing and protecting the unemployment insurance system.

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PETITION OF:

HOUSE DOCKET, NO. 1048        FILED ON: 1/15/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1772

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1410 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act modernizing and protecting the unemployment insurance system.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 1(w) of chapter 151A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 318, after the word “quarter”, the following words:--

; provided further, that if the individual has worked for 15 or more weeks and such deeming renders the individual ineligible for unemployment benefits, the amount shall be equal to one twenty-sixth of the total wages.

SECTION 2.  Section 14(a) of said chapter 151A, as so appearing, is hereby amended by striking out paragraph (4) and inserting in place thereof  the following paragraph:-

“Unemployment insurance taxable wage base”, with respect to calendar years beginning on or after January 1, 2013, the term “unemployment insurance taxable wage base” shall mean not less than $20,000 and shall be adjusted yearly thereafter in an amount that represents the percentage increase in the maximum weekly benefit amount as determined in section 29(a).)

SECTION 3.  Section 25(e) of said chapter 151A, as so appearing, is hereby amended by striking out, in lines 112-114, the words, “and in each of said weeks has earned an amount equivalent to or in excess of the individuals’ weekly benefit amount after the individual has left work,” and replacing it with the following words:-

and has earned an amount equivalent to or in excess of 8 times the individual’s weekly benefit amount after the individual has left work.

SECTION 4. Said section 25(e) of said chapter 151A, as so appearing, is hereby further amended  by striking out the eighth and ninth paragraphs.

SECTION 5.  Said section 25(e) of said chapter 151A, as so appearing, is hereby further amended by striking the last paragraph.

SECTION 6.  Section 29 of said chapter 151A, as so appearing, is hereby amended by inserting, in line 33, after the word “dollar” the following words:-

Nothing herein shall permit a reduction of benefits solely because an individual leaves a subsidiary part-time job during his or her base period.

SECTION 7.  Section 47 of said chapter 151A, as so appearing, is hereby amended by inserting after the fourth paragraph the following paragraph:-

The receipt of any notice of termination of employment or of any substantial alteration in the terms of employment within six months after an employee has provided evidence in connection with a claim for benefits under this chapter, or has testified at any hearing conducted under any provision of this chapter, shall create a rebuttable presumption that the notice or other action is a reprisal against the employee for providing evidence. This presumption shall be rebutted only by clear and convincing evidence that the employer's action was not a reprisal against the employee and that the employer had sufficient independent justification for taking such action, and would have in fact taken the action, in the same manner and at the same time the action was taken, regardless of the employee's providing evidence in connection with a claim for benefit under this chapter.  An employing unit found to have threatened, coerced or taken reprisal against any employee pursuant to this paragraph shall rescind any adverse alteration in the terms of employment for such employee and shall offer reinstatement to any terminated employee and shall also be liable for damages and costs of the suit, including a reasonable attorney's fee.

SECTION 8.  Section 71 of said chapter 151A, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notice of any redetermination shall be promptly given to the parties entitled to notice of the original determination, in the manner prescribed in this chapter with respect to notice of an original determination. If the amount of benefits would be increased as a result of the redetermination an appeal may be taken solely with respect to the matters involved in the increase of benefits and may be filed in the manner and subject to the limitations provided in sections 39 to 42, inclusive. If the amount of benefits would be decreased as a result of the redetermination, the matters involved in the decrease shall be subject to review in connection with an appeal by the claimant on this claim or any determination upon a subsequent claim for benefits which may be affected in amount or duration by such redetermination and may be filed in the manner and subject to the limitations provided in sections 39 to 42, inclusive. Any proposed decrease or increase of the amount of benefits based upon the redetermination shall not take effect if any party seeks timely review in accordance with section 39(b).  Subject to the same limitations and for the same reasons, the commissioner may reconsider the determination in any case in which a decision has been rendered by the board of review or a court, and may apply to said board or such court which rendered the decision to revoke or modify the decision and the board of review or court may affirm, modify or revoke the decision.