HB405 Alabama 2014 Session

Summary

Primary Sponsor

Kurt Wallace

Republican

Session

Regular Session 2014

Title

Labor, unemployment, unemployment compensation, amount of benefits payable reduced if individual receives or is eligible to receive pension payments from a plan maintained or contributed to solely by employer, retroactive pension payments considered disqualification if payments made from a plan maintained or contributed to solely by employer, Sec. 25-4-78 am'd.

Description

Under existing law, an individual is disqualified for total or partial unemployment compensation if he or she received or has been determined eligible to receive governmental or other pension, retirement or retired pay, annuity, or similar periodic payment that is based upon the individual's previous work; provided, however, that for weeks of unemployment beginning on or after April 26, 1982, the amount of benefits payable to an individual for any week which begins in a period during which the disqualification provision applies, the amount payable to the individual is reduced by an amount equal to the periodic payment only if the payment is made under a plan maintained or contributed to by a base period employer.

Under existing law, if, in accordance with the pension payment provision, any individual is awarded pension payments retroactively covering a period during which he or she received unemployment benefits, the retroactive payments shall constitute disqualification and any benefits paid during the period shall be recovered.

This bill would clarify that the amount of benefits payable to an individual under these circumstances shall be reduced only if the payment is made under a plan that is maintained or contributed to by a base period employer, 100 percent employer-financed, and not contributed to by the worker.

This bill would clarify that any pension payments retroactively awarded to an individual would constitute disqualification and require recovery of any benefits paid during the disqualification period only if the pension payments were made under a plan that is maintained or contributed to by a base period employer, 100 percent employer-financed, and not contributed to by the worker.

Show more Show less

Subjects

Labor