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NO. 56. AN ACT RELATING TO CLASSIFICATION SYSTEM, QUARTERLY WAGE REPORTS, AND HOLIDAY PAY.

(S.202)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 21 V.S.A. § 1314a(a) is amended to read:

(a) Effective with the calendar quarter ending September 30, 1986 and all subsequent calendar quarters, each employing unit which is an employer as defined in *[section]* subdivision 1301(5) of this chapter, having individuals in employment as defined in *[section]* subdivision 1301(6) of this chapter, shall file with the commissioner on forms to be supplied by the commissioner to each such employer a detailed wage report containing each individual worker’s name, Social Security number, gross wages paid during each such calendar quarter and any other information the commissioner deems reasonably necessary in the administration of this chapter. Effective with the calendar quarter ending March 31, 2001, and all subsequent calendar quarters, in addition to other information required by this section, the wage reports required by this subsection shall include for each worker paid by the hour,

the worker’s gender, and the worker’s hourly wage *[and the average weekly hours worked during the quarter]*. The wage reports may be filed electronically.

Sec. 2. 21 V.S.A. § 1338a is amended to read:

§ 1338a. DISREGARDED EARNINGS

(a) An individual shall be deemed "partially unemployed" in any week of less than *[full time]* full-time work if the wages earned by the individual with respect to such week are less than the weekly benefit amount the individual would be entitled to receive if totally unemployed and eligible. As used in this section "wages" in any one week includes only that amount of remuneration to the nearest dollar which is in excess of 30 percent of the individual’s weekly benefit, or $40.00, whichever amount is greater.

(b) Notwithstanding subsection (a) of this section, an individual shall not be deemed to be "partially unemployed" if the individual performed less than full-time work only because there was a holiday in that week for which the individual was entitled to holiday pay.

Sec. 3. 21 V.S.A. § 1324(b) is amended to read:

(b) For contribution rate years beginning July 1, 1987 and subsequent thereto:

(1) the standard rate of contributions shall be five and four-tenths percent;

(2) each employer who has not been subject to this chapter for a sufficient period of time to have the rate computed under section 1326 of this title shall pay contributions at a rate, not less than one percent, determined by the commissioner to be the average tax rate for the industry to which such employer is assigned in accordance with established classification practices found in the *["Standard Industrial Classification Manual"]* classification system issued by the federal office of management and budget, to the *[second digit provided in the Standard Industrial Classification Code]* sector level, or that rate represented by rate class 11, whichever is lower.

Sec. 4. 21 V.S.A. § 1343(a) is amended to read:

(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the commissioner finds that all of the following requirements are met and the individual:

(1) *[He has]* Has registered for work at and thereafter has continued to report at an employment office in accordance with such regulations as the board may prescribe*[;]*.

(2) *[He has]* Has made a claim for benefits in accordance with the provisions of section 1346 of this title*[;]*.

(3) *[He is]* Is able to work, and is available for work; provided, that in determining the availability of any individual *[with respect to]* during any week, the commissioner may require, in addition to registration at any employment office, that the individual at any time make such other efforts to secure suitable work as the commissioner may reasonably direct under the circumstances and to supply proper evidence thereof; and shall, if *[he]* the individual fails without good cause to do so, be ineligible for each week such failure continues; provided further that no claimant shall be considered ineligible in any week of unemployment for failure to comply with the provisions of this subdivision if such failure is due to an illness or disability which occurs after *[he]* the claimant has registered for work, filed a claim for benefits and during a week for which *[he]* the individual was entitled to waiting period credit or benefit payments, and no work which would have been considered suitable but for the illness or disability has been offered after the beginning of such illness or disability*[;]*.

(4) [Repealed.]

(5) *[He qualifies]* Qualifies for a weekly benefit computed in accordance with section 1338 of this title.

(6) *[He or she participates]* Participates in re-employment services, such as job search assistance services, if he or she has been determined to be likely to exhaust regular benefits and needs re-employment services pursuant to a profiling system established by the commissioner*[;]*.

(7) *[He or she is]* Is not self-employed or engaged in self-employment to the extent that it makes him or her unavailable for work.

Approved: June 12, 2001