June 28, 2011, Introduced by Senators NOFS, PROOS, MARLEAU, PAPPAGEORGE, SCHUITMAKER, CASWELL and WALKER and referred to the Committee on Economic Development.
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
(MCL 421.1 to 421.75) by adding section 27c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec 27c. (1) If the base period of a claim includes multiple
employers, an employer that continues to employ the claimant after
a claim has been filed may file a request for redetermination with
the agency as provided in this section. The request for
redetermination shall be filed within 30 calendar days after the
date of mailing of the initial notice of the monetary determination
and shall include the continuing employer's affirmation of all of
the following:
(a) That the employer has continued to employ the claimant
since the end of the base period.
(b) That each week in the benefit year, except for reductions
due to employee-requested unpaid leave days, the employer will pay
the employee an amount equal to or greater than the average weekly
wage the employer paid the claimant for all of the weeks that the
employer employed the claimant in the base period.
(c) That the employer will notify the agency within 10
calendar days after the end of a claimed week in which the employer
no longer meets 1 or both of the requirements of subdivisions (a)
and (b) during the claimant's benefit year.
(2) Within 15 calendar days after receiving a request for
redetermination that complies with subsection (1), the agency shall
redetermine the weekly benefit amount and number of weeks that
benefits are payable and send the employer written notice of the
redetermination. Notwithstanding conflicting requirements in other
provisions of this act, all of the following apply to a
redetermination under this section:
(a) The wages paid by the continuing employer during the base
period shall be excluded.
(b) The benefits payable shall be allocated among, and charged
to, the remaining employers in the base period.
(c) The wages used to determine qualification for benefits in
the original monetary determination shall continue to be used for
benefit qualification purposes.
(d) No reduction shall be made in a claimant's benefits under
section 27(c)(2) for wages paid by an employer that is not
chargeable for benefits because of the redetermination.
(e) The limitation on weekly benefits under section 27(c)(3)
shall be calculated excluding wages paid by an employer that is not
chargeable for benefits because of the redetermination.
(3) If an employer that obtains a redetermination under this
section does not meet the requirements in subsection (1)(a) and (b)
for a claimed week under that redetermination, the agency shall
reinstate the original monetary determination as to weekly benefit
amount, number of weeks payable, and allocation of charges for all
subsequent weeks in the benefit year.