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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 104.  AN ACT RELATING TO UNEMPLOYMENT INSURANCE.

(H.664)

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

Sec. 1.  21 V.S.A. § 1301 is amended to read:

§ 1301.  DEFINITIONS

The following words and phrases, as used in this chapter, shall have the following meanings unless the context clearly requires otherwise:

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(12)  “Wages” means all remuneration paid for services rendered by an individual, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash.  Gratuities customarily received by an individual in the course of his or her employment from persons other than the individual’s employer and reported by the individual to the individual’s employer shall be treated as wages paid by the individual’s employer.  The reasonable cash value of remuneration paid in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the board.  The term “wages” as used in this chapter shall not include:

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(G)  Any foster care payments excluded from the definition of gross income under Section 131 of Title 26 of the Internal Revenue Code.


Sec. 2.  21 V.S.A. § 1452 is amended to read:

§ 1452.  CRITERIA FOR APPROVAL

An employer wishing to participate in an STC program shall submit a department of labor electronic application or a signed written short-time compensation plan to the commissioner for approval.  The commissioner may approve an STC plan only if the following criteria are met:

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(8)  the employer agrees to maintain records relative to the plan for a period of three years and furnish reports relating to the proper conduct of the plan and agrees to allow the commissioner or his or her authorized representatives access to all records necessary to verify the plan prior to approval and, after approval, to monitor and evaluate application of the plan;

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Sec. 3.  21 V.S.A. § 1458 is amended to read:

§ 1458.  SHORT-TIME COMPENSATION BENEFITS

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(e)  Provisions of this subchapter and Vermont employment security board rules applicable to unemployment compensation claimants shall apply to STC claimants to the extent that they are not inconsistent with this subchapter.  An individual who files a new initial claim for STC benefits shall be provided, if eligible therefor, a monetary determination of entitlement to STC benefits benefits and shall serve a waiting week.

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Approved:  April 24, 2008



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us