GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 1889
Committee Substitute Favorable 6/9/94

Short Title:  Restore Pre-1983 Benefits.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

May 30, 1994

A BILL TO BE ENTITLED
AN ACT TO RESTORE UNEMPLOYMENT BENEFITS TO THEIR PRE-1983 LEVEL, TO MAKE PARTICIPATION IN REEMPLOYMENT SERVICES A CONDITION OF RECEIVING CERTAIN BENEFITS, AND TO MAKE TECHNICAL CHANGES TO THE EMPLOYMENT SECURITY LAWS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 96-12(b) reads as rewritten:
"(b)	(1)	a.	Repealed by Session Laws 1977, c. 727, s. 52.
b.	An individual who is totally unemployed shall be paid the individual's weekly benefit amount.  The weekly benefit amount for an individual is the amount of the high-quarter wages paid to the individual in the individual's base 
		mwer period, divided by 26 and, if the quotient is not a whole dollar, rounded to the next lower whole dollar.  If this amount is less than fifteen dollars ($15.00), the individual is not eligible for benefits.
c.	Repealed by Session Laws 1981, c. 160, s. 17.
(2)	Each August 1, the Commission shall calculate the maximum weekly benefit amount available to an individual.  The maximum weekly benefit amount is sixty-six and two-thirds percent (66 2/3%) of the average weekly insured wage rounded, if the amount is not a whole dollar, to the next lower whole dollar.  The maximum weekly benefit amount set on August 1 of a year applies to an individual whose benefit year begins on or after that date and before August 1 of the following year.
(3)	Repealed by Session Laws 1981, c. 160, s. 18.
(4)	Qualifying Wages for Second Benefit Year. –An individual whose prior benefit year has expired and who files a new benefit claim is not entitled to benefits unless the individual has been paid qualifying wages since the beginning date of the prior benefit year and before the date the new benefit claim was filed equal to at least 10 times the individual's weekly benefit amount under the new benefit claim. 'Qualifying wages' are wages earned with an employer subject to the provisions of this Chapter or some other state employment security law or in federal service as defined in 5 U.S.C. Chapter 85."
Sec. 2.  G.S. 96-12(c) reads as rewritten:
"(c)	Partial Weekly Benefit. –An individual who is partially unemployed or part-totally employed shall be paid a portion of the individual's weekly benefit amount.  The portion payable is the difference between the individual's weekly benefit amount and any part of the wages or remuneration that is payable to the individual for a week for which benefits are claimed and that exceeds ten percent (10%) of the individual's average weekly wage in the highest quarter of the individual's base period rounded, if the amount is not a whole dollar, to the next lower whole dollar.  Payments received by an individual under a supplemental benefit plan referred to in G.S. 96-8(13)d. do not affect the computation of the individual's partial weekly benefit."
Sec. 3.  G.S. 96-12(d) reads as rewritten:
"(d)	Duration of Benefits. –The total benefits paid to an individual shall not be less than the minimum total benefit and shall not exceed the lesser of the maximum total benefit or the individual's total benefit amount.  The total benefit amount for an individual is determined by dividing the individual's base-period wages by the individual's high-quarter wages, multiplying that quotient by eight and two thirds, rounding the result to the nearest whole number, and then multiplying the resulting amount by the individual's weekly benefit amount.  The minimum total benefit for an individual is 13 times the individual's weekly benefit amount.  The maximum total benefit for an individual is 26 times the individual's weekly benefit amount, unless the benefits are extended further in accordance with subsection (e) of this section. The Commission shall establish and maintain individual wage record accounts for each individual who earns wages in covered employment for as long as the wages would be included in a determination of benefits."
Sec. 4.  G.S. 96-8 is amended by adding the following new subdivision to read:
"(8a)	'Reemployment services' means job search assistance and job placement services, such as counselling, testing, assessment, and providing occupational and labor market information, job search workshops, job clubs, referrals to employers, and other similar services."
Sec. 5.  G.S. 96-13(a) is amended by adding the following new subdivision to read:
"(5)	The individual has participated in reemployment services, if the Division referred the individual to these services after determining, through use of a worker profiling system, that the individual would likely exhaust regular benefits and would need reemployment services to make a successful transition to new employment, unless the individual establishes justifiable cause for failing to participate in the services."
Sec. 6.  G.S. 96-21 reads as rewritten:
"§ 96-21.  Duties concerning veterans and worker profiling.
The duties of the Employment Service Division include the following:
(1)	To cooperate with all State and federal agencies in attempting to secure suitable employment and fair treatment for military veterans and disabled veterans.
(2)	To establish and use a worker profiling system that complies with 42 U.S.C. § 503(a)(10) to identify claimants for benefits whom the Division must refer to reemployment services in accordance with that law."
Sec. 7.  G.S. 96-8(6)k.1., k.2., k.4., and k.5. are repealed.
Sec. 8.  G.S. 96-8(18) reads as rewritten:
"(18)	'Base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year as defined in subdivision (17) of this section."
Sec. 9.  G.S. 96-8(23) is repealed.
Sec. 10.  Sections 1 through 3 of this act become effective August 1, 1994, and apply to benefits paid to claimants whose benefit year begins on or after that date.  The remainder of this act is effective upon ratification.