288.501. Extension of benefits--alternate base period defined--use of federal moneys. - Missouri Statutes

Extension of benefits--alternate base period defined--use of federalmoneys.

288.501. Notwithstanding any other provision of law to the contrary:

(1) If a claimant does not have sufficient wages in the base periodto be an insured worker, as those terms are defined in section 288.030, theindividual's base period shall be the four most recently completed calendarquarters preceding the first day of the individual's benefit year. Suchbase period shall be known as the "alternate base period". If informationas to wages for the most recent quarter of the alternate base period is notavailable to the deputy from the regular quarterly reports of wageinformation, which are systematically accessible, the deputy may base thedetermination of eligibility for benefits on the affidavit of the claimantwith respect to wages for that calendar quarter. The claimant shallfurnish payroll documentation, where available, in support of theaffidavit. The determination based upon the alternate base period as itrelates to the claimant's benefit rights shall be amended if the quarterlyreport of wage information from the employer is timely received and thatinformation causes a change in the determination. No calendar quarter in abase period or alternate base period for a claimant's current benefit yearshall be used to establish a subsequent benefit year;

(2) The claimant shall not be disqualified from unemploymentcompensation for separating from employment if that separation is for anycompelling family reason. For the purposes of this section, the term"compelling family reason" shall mean:

(a) The illness or disability of a member of the claimant's immediatefamily, which shall include the claimant's spouse, parent, or minor childunder the age of eighteen;

(b) The need for the claimant to accompany such claimant's spouse toa location from which it is impractical for the claimant to commute and dueto a change in location of the spouse's employment;

(c) Domestic violence, verified by reasonable and confidentialdocumentation, which causes the claimant reasonably to believe that theclaimant's continued employment would jeopardize the safety of the claimantor of any member of the claimant's family, as defined by the United StatesSecretary of Labor;

(3) A claimant who has commenced training under the WorkforceInvestment Act of 1998, or director-approved training under section288.055, and has exhausted the claimant's regular unemployment benefitsshall be eligible for additional unemployment benefits, not to exceedtwenty-six times the claimant's weekly benefit amount. The weekly benefitamount shall be the same as the claimant's regular weekly benefit amountand shall be paid under the same terms and conditions as regular benefits.These training benefits shall be paid after any extended benefits or anysimilar benefits paid by a federally funded program;

(4) Priority for training funds provided under subdivision (3) ofthis section shall be given to claimants laid off through no fault of theirown from Missouri automobile manufacturing facilities;

(5) No charges shall be made against an employer's account in respectto benefits paid to a claimant under this section;

(6) The director shall separately track payments that were made underthis section. Once the amount of payments exceeds the amount of federalincentive funds made available because of the enactment of this section,the unemployment compensation fund shall be reimbursed from general revenuefor all subsequent payments to the claimants;

*(7) The provisions of this section shall be subject to renewal inthe second regular session of the ninety-fifth general assembly. If notrenewed, the provisions of this section shall expire once the fundsprovided under the American Recovery and Reinvestment Act of 2009 areexpended as provided in this section;

*(8) The provisions of this section shall not take effect, and nobenefits paid under this section, unless first certified by the UnitedStates Secretary of Labor under 42 U.S.C. 1103, as amended by the AmericanRecovery and Reinvestment Act of 2009.

(L. 2009 H.B. 1075)

Effective 6-12-09

*Subdivision (8) contains a contingent effective date. Subdivision (7) contains renewal and contingent expiration dates.