HOUSE DOCKET, NO. 4962        FILED ON: 3/19/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4748

The Commonwealth of Massachusetts

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PRESENTED BY:

David M. Rogers and Patricia D. Jehlen

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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 establishing unemployment expansion during public health emergencies.

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PETITION OF:

HOUSE DOCKET, NO. 4962        FILED ON: 3/19/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4748

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act establishing unemployment expansion during public health emergencies.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith exceptions to unemployment assistance during public health emergencies, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and convenience.
 

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 24 of Chapter 151A of the General Laws is hereby amended by inserting after subsection (c) the following subsection:-

(d) Any individual who files for unemployment assistance during a public health or public safety emergency, in addition to the twenty-six week eligibility period determined by federal law, shall be eligible for an additional thirteen weeks of unemployment assistance.

(e) No individual shall be considered ineligible for benefits because of failure to comply with the provisions of said clause (b) if such failure is due to an official public health or public safety emergency as determined by an executive order executed by the Governor.

SECTION 2. Chapter 151A of the General Laws is hereby amended by inserting after section 25 the following section:-

Section 25A. Public Health and Safety Disqualification Exception.

Notwithstanding section 24 or section 25 of chapter 151A of the General Laws, the director of unemployment assistance shall continue to pay benefits to any individuals, whether totally unemployed or partially unemployed, whose benefits were set to expire eight weeks before or during any such period where a public health or public safety emergency is in effect and those individuals shall not be disqualified from receiving benefits through thirteen additional weeks, in addition to the twenty-six week period determined by federal law.

SECTION 3. Chapter 151A of the General Laws is hereby amended by inserting the following paragraph after Section 29(a):-

(i) Notwithstanding section 29(a) of chapter 151A of the General Laws, the director of unemployment assistance shall pay to an individual in total unemployment and who is otherwise eligible for benefits, whose average weekly wage in his base period exceeds sixty-six dollars, for each week of unemployment an amount equal to seventy-five percent of his average weekly wage in the base period, rounded to the next lower full dollar amount, but not more than 75% of the average weekly wage of employees covered by this chapter, if an ongoing declaration of a state of emergency exists, including any public health or public safety crisis; provided further, that any unemployment assistance furnished during a state of emergency shall not count towards an individual’s overall unemployment benefit in the aggregate and shall not be included in determining eligibility for benefits under this chapter for the purposes of any benefit year when no state of emergency has been ordered.

SECTION 4. Chapter 151A of the General Laws is hereby amended by inserting the following paragraph after Section 29(b):-

(i) Notwithstanding section 29(b) of chapter 151A of the General Laws, the director of unemployment assistance shall pay, to an individual in partial unemployment and otherwise eligible for benefits, the difference between his aggregate remuneration with respect to each week of partial unemployment and the weekly benefit rate to which he would have been entitled if totally unemployed; provided, however, that earnings up to two-fifths of his weekly benefit rate shall be disregarded; and provided further that this payment occurred immediately prior, during or immediately after a public health or public safety emergency and in accordance with Section 25A of this chapter. In no case shall the amount of earnings so disregarded plus the weekly benefit rate equal to or in excess of the individual's average weekly wage. Such partial benefit amount shall be rounded to the next lower full dollar amount if it includes a fractional part of a dollar. Nothing in this subsection shall cause a full denial of benefits solely because an individual left a part time job, which supplemented primary full-time employment, during the individual's base period prior to being deemed in partial unemployment.