GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1836

Short Title:  Employment Funds/Benefits.	(Public)
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Sponsors: Representatives G. Miller; and Wainwright.
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Referred to:  Business and Labor.
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May 30, 1994

A BILL TO BE ENTITLED
AN ACT TO AMEND THE GENERAL STATUTES TO COMPLY WITH THE FEDERAL WORKER PROFILING INITIATIVE TO AVOID LOSS OF FEDERAL GRANT FUNDS TO THE STATE, AND TO INCREASE THE WEEKLY UNEMPLOYMENT BENEFIT AMOUNT AND DURATION FOR ELIGIBLE UNEMPLOYMENT INSURANCE CLAIMANTS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 96-8 is amended by adding the following new subdivision to read:
"(27)	'Reemployment services', for the purposes of this Chapter, means job search assistance and job placement services, such as counselling, testing, and providing occupational and labor market information, assessment, job search workshops, job clubs, referrals to employers, and other similar services."
Sec. 2. G.S. 96-13(a) is amended by adding the following new subdivision to read:
"(5)	The individual has accepted and participated in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and will need employment services pursuant to a profiling system established by the Commission, unless it is determined that:
a.	The individual has completed such services; or
b.	There is justifiable cause for such individual's failure to participate in such service."
Sec. 3. Chapter 96 of the General Statutes is amended by adding the following new section to read:
"§ 96-30. Worker profiling system established.
The Employment Service Division shall, as required by the United States Department of Labor, establish and utilize a system of profiling all new claimants for regular unemployment insurance benefits that:
(1)	Identifies which claimants will be likely to exhaust regular unemployment insurance benefits and will need job search assistance services to make a successful transition to new employment;
(2)	Refers claimants identified pursuant to subdivision (1) to reemployment services as defined in G.S. 96-8(27);
(3)	Collects follow-up information relating to the services received by such claimants and the employment outcomes for such claimants subsequent to receiving such services and utilizes such information in making identification pursuant to subdivision (1); and
(4)	Meets such other requirements as the United States Secretary of Labor determines are appropriate."
Sec. 4. G.S. 96-12(b)(1) reads as rewritten:
"(b)	(1)	a.	Repealed by Session Laws 1977, c. 727, s. 52.
b.	 
	Each eligible individual whose benefit year begins on or after the first day of October 1983, who is totally unemployed as defined by G.S. 96-8(10), and who files a valid claim, shall be paid benefits with respect to such week or weeks at a rate equal to the amount obtained by dividing the sum of the wages paid to such individual during his two highest paid base period quarters by 52 and, if the amount so obtained is not a multiple of one dollar, rounded to the next lower whole dollar; provided that if the amount so obtained, after rounding, is less than fifteen dollars ($15.00), no benefits shall be paid.
	Each eligible individual whose benefit year begins on or after the first day of August, 1994, who is totally unemployed as defined by G.S. 96-8(10), and who files a valid claim, shall be paid benefits with respect to such week or weeks at a rate equal to the amount obtained by dividing such individual's high-quarter wages paid during the individual's base period by 26 and, if the amount so obtained is not a multiple of one dollar, rounded to the next lower whole dollar; provided that if the amount so obtained, after rounding, is less than fifteen dollars ($15.00), no benefits shall be paid.
c.	Repealed by Session Laws 1981, c. 160, s. 17."
Sec. 5. G.S. 96-12(d) reads as rewritten:
"(d)	Duration of Benefits. –On and after October 1, 1983, the maximum benefit amount available to eligible individuals shall be determined by dividing the individual's base-period wages by his high-quarter wages and multiplying that quotient by eight, rounding the result to the nearest whole number, and then multiplying the figure so derived by the weekly benefit amount available to that individual; provided the minimum total amount of benefits available to eligible individuals shall not be less than 13 times his weekly benefit amount, nor shall any eligible individual be entitled to more than 26 times his weekly benefit amount during any benefit year, except that such benefits may be extended further in accordance with the provisions of G.S. 96-12(e). The Commission shall establish and maintain individual wage record accounts for each individual who earns wages in covered employment, until such time as such wages would not be necessary for benefit purposes.  On and after August 1, 1994, the maximum benefit amount available to eligible individuals shall be determined by dividing the individual's base-period wages by the individual's high-quarter wages and multiplying that quotient by eight and two-thirds, rounding the result to the nearest whole number, and then multiplying the figure so derived by the weekly benefit amount available to that individual; provided the minimum total amount of benefits available to eligible individuals shall not be less than 13 times the individual's weekly benefit amount, nor shall any eligible individual be entitled to more than 26 times the individual's weekly benefit amount during any benefit year, except that such benefits may be extended further in accordance with the provisions of G.S. 96-12(e). The Commission shall establish and maintain individual wage record accounts for each individual who earns wages in covered employment, until such time as such wages would not be necessary for benefit purposes."
Sec. 6.  Sections 4 and 5 of this act become effective August 1, 1994. The remainder of this act is effective upon ratification.