ENROLLED HOUSE
BILL NO. 1933 By: Martinez, Bashore, and Roberts (Dustin) of the House
and
Taylor,
Daniels, and Stephens of the
Senate
An Act relating to labor; amending 40 O.S. 2021, Sections 1-221
and 2-106, which relate to unemployment benefits; modifying benefit wages;
defining term; limiting duration of benefits; updating statutory language;
providing for codification; and providing an effective date.
SUBJECT:
Labor
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 40 O.S. 2021,
Section 1-221, is amended to read as follows:
Section 1-221. BENEFIT WAGES.
"Benefit wages" means the taxable wages earned by a
claimant during the claimant's base period which are not in excess of the
current maximum weekly benefit amount, as determined under Section 2-104 of
this title, multiplied by the maximum number of weeks for which benefits could
be paid to any individual (now twenty-six (26) weeks), pursuant to
Section 2-106 of this title, multiplied by three (3); provided, however, no
wages shall be included as "benefit wages" unless and until the
claimant has been paid benefits for five (5) weeks in one (1) benefit year.
SECTION 2.
AMENDATORY 40 O.S. 2021,
Section 2-106, is amended to read as follows:
Section 2-106. MAXIMUM BENEFIT AMOUNT.
An On January 1, 2023, an otherwise eligible individual
shall be entitled during any benefit year to a total amount of benefits equal
to whichever is the lesser of:
1.
Twenty-six (26) times the weekly benefit amount of the individual
a. If prior to January
1, 2023, twenty-six (26) times the weekly benefit amount of the individual,
b. If between January 1,
2023, and January 1, 2025, sixteen (16) times the weekly benefit amount of the
individual, or
c. If after January 1,
2025, between sixteen (16) and twenty (20) times the weekly benefit amount
dependent upon the state's average unemployment insurance claims pursuant to
Section 3 of this act;
2.
The applicable percentage of the state's average annual wage for the
second preceding calendar year as determined by the Oklahoma Employment Security
Commission, rounded to the nearest multiple of One Hundred Dollars
($100.00). The applicable percentage is
determined by the conditional factor in place during the calendar year in which
the individual files for benefits. The
conditional factor is determined pursuant to the provisions of Section 3-113 of
this title. The applicable percentages
for this paragraph are as follows:
a. twenty-five
percent (25%) during any calendar year in which the balance in the Unemployment
Compensation Fund is in excess of the amount required to initiate conditional
contribution rates, pursuant to the provisions of Section 3-113 of this title,
b. twenty-three
and three-fourths percent (23.75%) during calendar years in which condition "a"
exists,
c. twenty-two
and one-half percent (22.5%) during calendar years in which condition "b"
exists,
d. twenty-one
and one-fourth percent (21.25%) during calendar years in which condition "c"
exists, and
e. twenty
percent (20%) during calendar years in which condition "d" exists; or
3.
The applicable percentage of the individual's wages for insured work
paid during the base period of the individual.
The applicable percentage is determined by the conditional factor in
place during the calendar year in which the individual files for benefits. The conditional factor is determined pursuant
to the provisions of Section 3-113 of this title. The applicable percentages for this paragraph
are as follows:
a. fifty
percent (50%) during any calendar year in which the balance in the Unemployment
Compensation Fund is in excess of the amount required to initiate conditional
contribution rates, pursuant to the provisions of Section 3-113 of this title,
b. forty-seven
and one-half percent (47.5%) during calendar years in which condition "a"
exists,
c. forty-five
percent (45%) during calendar years in which condition "b" exists,
d. forty-two
and one-half percent (42.5%) during calendar years in which condition "c"
exists, and
e. forty
percent (40%) during calendar years in which condition "d" exists.
SECTION 3.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 1-230 of Title 40, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this
section, "state average unemployment insurance claims" means the
weekly average of Continued UI Claims for the thirteen (13) weeks beginning
with the first file week ending in the month of July in the calendar year prior
to the current calendar year as published by the Oklahoma Employment Security
Commission or the agency responsible for collecting and publishing unemployment
insurance claims data.
B. On January 1, 2025,
for unemployment compensation claims submitted during a calendar year, the
duration of benefits is limited to:
1. a. Sixteen (16) weeks if the state's average
unemployment insurance claims are at or below five thousand (5,000) claims,
b. An
additional two (2) weeks shall be added in addition to the sixteen (16) weeks
for each fifteen thousand (15,000) increments if the state's average
unemployment insurance claims are above five thousand (5,000) claims, or
c. Up
to the maximum of twenty (20) weeks; or
2. In the event that the
weekly claims data of continued claims administered by the Oklahoma Employment
Security Commission exceeds forty thousand (40,000) claims, the maximum
duration of benefits shall immediately be raised to twenty-six (26) weeks. This maximum benefit duration shall be in
place until the weekly claims data of continued UI claims falls below forty
thousand (40,000) claims at which time the maximum duration of benefits shall
be determined pursuant to paragraph 1 of subsection B of this section.
SECTION 4. This act shall become effective January 1,
2023.
Passed the House of Representatives the 16th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________