DURATION OF UNEMPLOYMENT BENEFITS

(Section 288.060)

Under current law, the maximum duration for an individual to receive unemployment benefits is 20 weeks. This act modifies the duration an individual can receive such benefits on the Missouri average unemployment rate, as follows:

· 20 weeks if the Missouri average unemployment rate is higher than nine percent;

· 19 weeks if the Missouri average unemployment rate is higher than 8.5% but no higher than 9%;

· 18 weeks if the Missouri average unemployment rate is higher than 8% but no higher than 8.5%;

· 17 weeks if the Missouri average unemployment rate is higher than 7.5% but no higher than 8%;

· 16 weeks if the Missouri average unemployment rate is higher than 7% but no higher than 7.5%;

· 15 weeks if the Missouri average unemployment rate is higher than 6.5% but no higher than 7%;

· 14 weeks if the Missouri average unemployment rate is higher than 6% but no higher than 6.5%;

· 13 weeks if the Missouri average unemployment rate is higher than 5.5% but no higher than 6%; and

· 12 weeks if the Missouri average unemployment rate is at or below 5.5%.

These provisions take effect beginning January 1, 2022.

This provision is identical to SB 622 (2021) and substantially similar to provisions in HB 215 (2021), SCS/HCS/HB 649 (2021), SB 690 (2020), HB 1921 (2020), HB 2039 (2020), HB 217 (2019), provisions in SB 869 (2018), SCS/SB 189 (2017), HB 288 (2017), HB 150 (2015), which was vetoed by the Governor, and SB 220 (2015).

REPAYMENT OF OVERPAID UNEMPLOYMENT BENEFITS

(Section 288.552)

This act requires the Department of Labor and Industrial Relations (DOLIR) to waive the repayment of any employment security benefits that were incorrectly but nonfraudulently distributed to claimants if such benefits were paid out of the Unemployment Trust Fund or provided from the federal government under the federal CARES Act, or any subsequent federal relief program related to the Coronavirus designed to provide employment security relief, and the federal government has granted authority to the state to waive the recovery of such benefits.

The act requires any claimant is denied a waiver to be sent a notice by DOLIR, not later than 90 days after the effective date of this act, notifying them that they are allowed to appeal such denial. If the claimant returns the notice to DOLIR within 60 days, indicating that they will appeal the decision, then DOLIR shall cease all efforts to recover the overpaid benefits. Under no circumstances shall the DOLIR or any division thereof attempt to recover the overpaid benefits while the case is pending appeal with LIRC. Claimants must file an appeal not later than 60 days after notifying DOLIR.

This provision contains an emergency clause.

These provisions are substantially similar to SCS/SB 481 (2021) and SB 542 (2021).

SCOTT SVAGERA