Session of 1999
         
HOUSE BILL No. 2200
         
By Representative Gregory
          
2-1
          
  9             AN  ACT concerning employment security; relating to payment of ben-
10             efits; amending K.S.A. 1998 Supp. 44-704 and repealing the existing
11             section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 44-704 is hereby amended to read as
15       follows: 44-704. (a) Payment of benefits. All benefits provided herein shall
16       be payable from the fund. All benefits shall be paid through the secretary
17       of human resources, in accordance with such rules and regulations as the
18       secretary may adopt. Benefits based on service in employment defined
19       in subsections (i)(3)(E) and (i)(3)(F) of K.S.A. 44-703, and amendments
20       thereto, shall be payable in the same amount, on the same terms and
21       subject to the same conditions as compensation payable on the basis of
22       other service subject to this act except as provided in subsection (e) of
23       K.S.A. 44-705 and subsection (e)(2) of K.S.A. 44-711, and any amend-
24       ments to these statutes.
25             (b) Determined weekly benefit amount. An individual's determined
26       weekly benefit amount shall be an amount equal to 4.25% of the individ-
27       ual's total wages for insured work paid during that calendar quarter of
28       the individual's base period in which such total wages were highest, sub-
29       ject to the following limitations:
30             (1) If an individual's determined weekly benefit amount is less than
31       the minimum weekly benefit amount, it shall be raised to such minimum
32       weekly benefit amount;
33             (2) if the individual's determined weekly benefit amount is more than
34       the maximum weekly benefit amount, it shall be reduced to the maximum
35       weekly benefit amount; and
36             (3) if the individual's determined weekly benefit amount is not a mul-
37       tiple of $1, it shall be reduced to the next lower multiple of $1.
38             (c) Maximum weekly benefit amount. On July 1 of each year, the
39       secretary shall determine the maximum weekly benefit amount by com-
40       puting 60% of the average weekly wages paid to employees in insured
41       work during the previous calendar year and shall prior to that date an-
42       nounce the maximum weekly benefit amount so determined, by publi-
43       cation in the Kansas register. Such computation shall be made by dividing

HB 2200

2

  1       the gross wages reported as paid for insured work during the previous
  2       calendar year by the product of the average of midmonth employment
  3       during such calendar year multiplied by 52. The maximum weekly benefit
  4       amount so determined and announced for the twelve-month period shall
  5       apply only to those claims filed in that period qualifying for maximum
  6       payment under the foregoing formula. All claims qualifying for payment
  7       at the maximum weekly benefit amount shall be paid at the maximum
  8       weekly benefit amount in effect when the benefit year to which the claim
  9       relates was first established, notwithstanding a change in the maximum
10       benefit amount for a subsequent twelve-month period. If the computed
11       maximum weekly benefit amount is not a multiple of $1, then the com-
12       puted maximum weekly benefit amount shall be reduced to the next lower
13       multiple of $1.
14             (d) Minimum weekly benefit amount. The minimum weekly benefit
15       amount payable to any individual shall be 25% of the maximum weekly
16       benefit calculated in accordance with subsection (c) and shall be an-
17       nounced by the secretary in conjunction with the published announce-
18       ment of the maximum weekly benefit, also as provided in subsection (c).
19       The minimum weekly benefit amount so determined and announced for
20       the twelve-month period beginning July 1 of each year shall apply only
21       to those claims which establish a benefit year filed within that twelve-
22       month period and shall apply through the benefit year of such claims
23       notwithstanding a change in such amount in a subsequent twelve-month
24       period. If the minimum weekly benefit amount is not a multiple of $1 it
25       shall be reduced to the next lower multiple of $1.
26             (e) Weekly benefit payable. Each eligible individual who is unem-
27       ployed with respect to any week, except as to final payment, shall be paid
28       with respect to such week a benefit in an amount equal to such individ-
29       ual's determined weekly benefit amount, less that part of the wage, if any,
30       payable to such individual with respect to such week which is in excess
31       of the amount which is equal to 25% of such individual's determined
32       weekly benefit amount and if the resulting amount is not a multiple of
33       $1, it shall be reduced to the next lower multiple of $1.
34             (1) For the purposes of this section, remuneration received under
35       the following circumstances shall be construed as wages:
36             (A) Vacation pay that was attributable to a week that the individual
37       claimed benefits while work was temporarily interrupted;
38             (B) holiday pay that was payable with no condition of attendance on
39       other regularly scheduled day or days; and
40             (C) severance pay, if paid as scheduled, and all other employment
41       benefits within the employer's control, as defined in subsection (e)(3), if
42       continued as though the severance had not occurred, except as set out in
43       subsection (e)(2)(D).

HB 2200

3

  1             (2) For the purposes of this section, remuneration received under
  2       the following circumstances shall not be construed as wages:
  3             (A) Remuneration received for services performed on a public assis-
  4       tance work project;
  5             (B) vacation pay, except as set out in subsection (e)(1)(A) above;
  6             (C) holiday pay that was not payable unless the individual complied
  7       with a condition of attendance on another regularly scheduled day or days;
  8             (D) severance pay, in lieu of notice, under the provisions of public
  9       law 100-379, the federal worker adjustment and retraining notification
10       act (29 U.S.C.A. 2101 through 2109); and
11             (E) all other severance pay, separation pay, bonuses, wages in lieu of
12       notice or remuneration of a similar nature that is payable after the sev-
13       erance of the employment relationship, except as set out in subsection
14       (e)(1)(C).
15             (3) For the purposes of this subsection (e), "employment benefits
16       within the employer's control" means benefits offered by the employer
17       to employees which are employee benefit plans as defined by section 3
18       of the federal employee retirement income security act of 1974, as
19       amended, (29 U.S.C. 1002) and which the employer has the option to
20       continue to provide to the employee after the last day that the employee
21       worked for that employer.
22             (f) Duration of benefits. (1) Any otherwise eligible individual shall be
23       entitled during any benefit year to a total amount of benefits equal to
24       whichever is the lesser of 26 a benefit rate corresponding to the current
25       monthly Kansas unemployment rate as determined by the secretary times
26       such individual's weekly benefit amount, or 13 of such individual's wages
27       for insured work paid during such individual's base period. Such total
28       amount of benefits, if not a multiple of $1, shall be reduced to the next
29       lower multiple of $1.
30             (2) The rate shall be chosen in accordance with the following
31       schedule.
32      
Schedule of Benefit Rates
33       Kansas monthly unemployment rateBenefit rate
34       5.8% or more
28
35       at least 5.6% but less than 5.8 %
26
36       at least 5.4% but less than 5.6%
24
37       at least 5.2% but less than 5.4%
22
38       at least 5.0% but less than 5.2%
20
39       at least 4.8% but less than 5.0%
18
40       at least 4.6% but less than 4.8%
16
41       at least 4.4% but less than 4.6%
15
42       at least 4.2% but less than 4.4%
14
43       at least 4.0% but less than 4.2%
13

HB 2200

4

1       at least 3.8% but less than 4.0%
12
2       at least 3.6% but less than 3.8%
11
3       less than 3.6%
10
  4             (3) The Kansas unemployment rate which is in effect upon the day
  5       an unemployment compensation claim is received shall determine the ben-
  6       efit rate for that claim.
  7             (4) If a person files more than one claim during a calendar year, the
  8       benefit rate shall be determined separately for each claim.
  9             (g) For the purposes of this section, wages shall be counted as "wages
10       for insured work" for benefit purposes with respect to any benefit year
11       only if such benefit year begins subsequent to the date on which the
12       employing unit by whom such wages were paid has satisfied the condi-
13       tions of subsection (h) of K.S.A. 44-703, and amendments thereto, with
14       respect to becoming an employer. 
15       Sec.  2. K.S.A. 1998 Supp. 44-704 is hereby repealed.
16        Sec.  3. This act shall take effect and be in force from and after its
17       publication in the statute book.