Amendment SA1-SB547

LRBa1277/1

MED:cdc

2021 - 2022 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 547

February 15, 2022 - Offered by Senator Stroebel.

SB547-SA1,1,1 At the locations indicated, amend the bill as follows:

SB547-SA1,1,2 1. Page 3, line 24: after that line insert:

SB547-SA1,1,3 “ Section 5m. Nonstatutory provisions.

SB547-SA1,1,4 (1) (a) The definitions given under s. 108.02 apply to this subsection.

SB547-SA1,1,9 (b) An employee who filed a claim for benefits on or after July 1, 2021, and before the effective date of this paragraph and whose claim was denied in a determination or decision under s. 108.09 may, notwithstanding that prior determination or decision, reapply for benefits no later than 90 days after the effective date of this paragraph.

SB547-SA1,2,5 (c) If an employee files a claim for benefits under par. (b), the department shall, notwithstanding Section 6 (1) of this act and notwithstanding the prior determination or decision, make a determination under s. 108.09 of whether the employee would have been eligible to establish a benefit year under s. 108.06 (2) (a) at the time the employee applied for benefits if s. 108.04 (5m) or (7) (f) had been in effect when the employee originally applied for benefits. If, subject to par. (e), the department determines that the employee would have been so eligible, the employee is eligible for benefits as provided in par. (d) and the department shall, subject to par. (d), issue a computation setting forth the employee's benefit rights under s. 108.09.

SB547-SA1,2,7 (d) If an employee is eligible for benefits based upon a determination under par. (c), all of the following apply to the employee's claim:

SB547-SA1,2,11 1. Notwithstanding s. 108.02 (4), the base period that applies is the base period that would have applied had the employee's original claim described in par. (b) not been denied. The department shall calculate benefits under s. 108.05 using that base period.

SB547-SA1,2,14 2. Notwithstanding s. 108.06 (2) (bm), the employee's benefit year begins on the Sunday of the week in which the employee originally filed a claim that was denied as described in par. (b).

SB547-SA1,2,21 3. The employee shall be paid benefits in accordance with s 108.05 and shall retroactively pay any benefits to which the employee would have been entitled during the employee's benefit year described in subd. 2., except that the department shall waive the requirements under s. 108.04 (2) (a) 2. and 3. as needed to ensure that employees are eligible for retroactive payments as described in this subdivision. The employee may continue to receive benefits for any week after the effective date of this subdivision if the employee is eligible for benefits as provided under ch. 108.

SB547-SA1,2,23 (e) This subsection does not apply to an employee who has received any benefits subsequent to July 1, 2021.”.

SB547-SA1,2,24 (End)