First Regular Session H.B. 2108
COMMITTEE ON COMMERCE
SENATE AMENDMENTS TO H.B. 2108
(Reference to House engrossed bill)
Page 2, between lines 4 and 5, insert:
"Sec. 2. Section 23-762, Arizona Revised Statutes, is amended to read:
23-762. Requirements of shared work plan; approval
A. An employer wishing that wishes to participate in the shared work unemployment compensation program shall submit a signed, written shared work plan to the department for approval. The department shall approve a shared work plan only if the plan:
1. Specifies the employees in the affected group.
2. Applies to only one affected group.
3. If feasible, includes a description of the employer's plan for notifying an employee whose work week workweek is to be reduced.
4. Includes a certified statement by the employer that, for the six-month period immediately preceding the date the plan is submitted, compensation was payable from the shared work employer, or its predecessors whether or not they were shared work employers, to each employee in the affected group in an amount equal to or greater than the wages for insured work in one calendar quarter as provided in section 23-771, subsection A, paragraph 6 7. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the department receives written notice from the shared work employer that the employee has joined and certification from the employer that the employee meets the provisions of section 23-771, subsection A, paragraph 6 7.
5. Includes a certified statement by the employer that for the duration of the plan the reduction in the total normal weekly hours of work of the employees in the affected group is instead of layoffs which that otherwise would result in at least as large a reduction in the total normal weekly hours of work. The employer shall include an estimate of the number of layoffs that would have occurred without an approved shared work plan.
6. Specifies the manner in which the employer will treat fringe benefits of the employees in the affected group if the employees' hours are reduced to less than their normal weekly hours of work. The employer must certify, if the employer provides health benefits and retirement benefits under a defined benefit plan to any employee whose workweek is reduced under the plan, that these benefits will continue to be provided to an employee participating in the shared work plan under the same terms and conditions as though the workweek of the employee had not been reduced or to the same extent as other employees not participating in the shared work program.
7. Specifies an expiration date that is no not more than one year from after the date the employer submits the plan for approval, except that on written request by the employer, the department may approve an extension of the plan for a period of not more than one year from after the date of the request.
8. Is approved in writing by the collective bargaining agent for each collective bargaining agreement that covers any employee in the affected group.
B. The plan prescribed in subsection A of this section and the implementation of the plan must be consistent with the employer's obligations under all other federal and state laws.
C. The department shall approve or disapprove the plan within fifteen days after receipt of the plan by the department. The department shall notify the employer of the reasons for denial of a shared work plan within ten days of after the determination.
Sec. 3. Section 23-763, Arizona Revised Statutes, is amended to read:
23-763. Shared work benefits; eligibility; requirements
A. An individual is eligible to receive shared work benefits with respect to any week only if, in addition to meeting the requirements of article 6 of this chapter as modified by subsection E of this section, the department finds that during the week:
1. The individual is employed as a member of an affected group in an approved plan that was approved before the week and is in effect for the week.
2. The individual's normal weekly hours of work were reduced at least ten per cent percent but not more than forty per cent percent.
3. The individual met the requirements of section 23-771, subsection A, paragraphs 3, and 4 and 5.
B. Eligible individuals may participate in training to enhance job skills, including employer sponsored employer-sponsored training or worker training funded under the workforce investment act of 1998, if the training is approved by the department.
C. The department shall not pay an individual shared work benefits for more than twenty-six weeks in a benefit year, except that this limitation does not apply to a week if for the period consisting of the week and the immediately preceding twelve weeks the rate, not seasonally adjusted, of insured unemployment in this state is equal to or greater than four per cent percent.
D. The total amount of regular benefits and shared work benefits that the department pays to an individual for weeks in the individual's benefit year shall not exceed the total for the benefit year as provided in section 23-780.
E. Notwithstanding section 23-621 or any other provision of this chapter, for purposes of this article an individual is unemployed in any week for which compensation is payable to the individual, as an employee in an affected group, for less than the individual's normal weekly hours of work in accordance with an approved plan in effect for the week."
Renumber to conform
Page 2, line 27, after "resumes" insert "to employers"
Line 28, after "applications" insert "and submitting the applications to employers"
Line 29, after "fairs" insert "that are recognized by the department and the individual's attendance is verifiable by the department"
Page 4, line 24, strike "6" insert "7"
Amend title to conform