Bill Summary for S 465 (2015-2016)

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Summary date: 

Mar 26 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 465 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ESTABLISH A WORK SHARING OPTION FOR EMPLOYERS UNDER THE UNEMPLOYMENT SECURITY LAWS.
Intro. by Hartsell.

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Bill summary

Enacts new Article 4, Short-Time Compensation Program, in GS Chapter 96. Allows an employer wishing to participate in the Short-Time Compensation Program (Program) to submit a short-time compensation plan to the Division of Employment Security(Division). Specifies items to be included in the application. Requires the Division to approve or disapprove the plan in writing within 30 days of receiving the plan. Allows the employer to submit another plan for approval no earlier than 90 days from the date of the initial plan's disapproval. Provides for the effective date and expiration of the plan (the earlier of the date at the end of the 12th full calendar month after its effective date or an earlier mutually agreed upon time).  Allows the Division to revoke a plan upon good cause and to periodically review the operation of each employer's plan to assure that no good cause exists for revocation.  Provides for modification of an approved plan. Requires the Division to use its best efforts to provide for timely and flexible modifications.

Provides that an individual is eligible to receive short-time compensation with respect to any week only if the individual is monetarily eligible for unemployment compensation, not otherwise disqualified for such, and: (1) during the week, the individual is employed as a member of an affected unit under an approved short-time compensation plan, which was approved prior to that week, and the plan is in effect with respect to the week for which the compensation is claimed; (2) the individual is available for the usual hours of work with the employer; and (3) an individual covered by a plan is deemed unemployed in any week during the duration of the plan if the individual's remuneration as an employee in an affected unit is reduced based on a reduction of the individual's usual weekly hours of work under an approved short-time compensation plan.

Provides that the short-time compensation weekly benefit amount is to be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the individual's usual weekly hours of work. An individual may be eligible for short-time compensation or unemployment compensation, except that no individual is: (1) eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation and (2) paid short-time compensation benefits for more than 52 weeks under a plan. Requires the short-time compensation paid to an individual to be deducted from the maximum entitlement amount of regular unemployment compensation established for the individual's benefit year. Specifies provisions that apply to individuals who work for both a short-time compensation employer and another employer during covered weeks. Provides for individuals not provided work during a week. Includes provisions concerning changing short-time compensation benefits and extended benefits.