(hb1933)Oklahoma Enrolled House Bill No. 1933 (2021), relating to labor (unemployment)#
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An Act ENROLLED HOUSE BILL NO. 1933 By: Martinez, Bashore, and Roberts (Dustin) of the House
and
Taylor, Daniels, and Stephens of the Senate
An Act relating to labor; amending 40 O.S. 2021, Sections 1-221 and 2-106, which relate to unemployment benefits; modifying benefit wages; defining term; limiting duration of benefits; updating statutory language; providing for codification; and providing an effective date.
SUBJECT: Labor
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 40 O.S. 2021, Section 1-221, is amended to read as follows:
Section 1-221. BENEFIT WAGES.
"Benefit wages" means the taxable wages earned by a claimant during the claimant's base period which are not in excess of the current maximum weekly benefit amount, as determined under Section 2-104 of this title, multiplied by the maximum number of weeks for which benefits could be paid to any individual (now twenty-six (26) weeks), pursuant to Section 2-106 of this title, multiplied by three (3); provided, however, no wages shall be included as "benefit wages" unless and until the claimant has been paid benefits for five (5) weeks in one (1) benefit year.
SECTION 2. AMENDATORY 40 O.S. 2021, Section 2-106, is amended to read as follows:
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ENR. H. B. NO. 1933 Page 2
Section 2-106. MAXIMUM BENEFIT AMOUNT.
An On January 1, 2023, an otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of:
1. Twenty-six (26) times the weekly benefit amount of the individual
a. If prior to January 1, 2023, twenty-six (26) times the weekly benefit amount of the individual,
b. If between January 1, 2023, and January 1, 2025, sixteen (16) times the weekly benefit amount of the individual, or
c. If after January 1, 2025, between sixteen (16) and twenty (20) times the weekly benefit amount dependent upon the state's average unemployment insurance claims pursuant to Section 3 of this act;
2. The applicable percentage of the state's average annual wage for the second preceding calendar year as determined by the Oklahoma Employment Security Commission, rounded to the nearest multiple of One Hundred Dollars ($100.00). The applicable percentage is determined by the conditional factor in place during the calendar year in which the individual files for benefits. The conditional factor is determined pursuant to the provisions of Section 3-113 of this title. The applicable percentages for this paragraph are as follows:
a. twenty-five percent (25%) during any calendar year in which the balance in the Unemployment Compensation Fund is in excess of the amount required to initiate conditional contribution rates, pursuant to the provisions of Section 3-113 of this title,
b. twenty-three and three-fourths percent (23.75%) during calendar years in which condition "a" exists,
c. twenty-two and one-half percent (22.5%) during calendar years in which condition "b" exists,