HOUSE BILL No. 5618 February 26, 1998, Introduced by Reps. Lowe, Goschka, Anthony, Scranton, Jellema, Jansen, Middleton, Johnson, McNutt, Whyman and Cropsey and referred to the Committee on Labor and Occupational Safety. A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 50 (MCL 421.50), as amended by 1995 PA 25. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 50. (a) "Week" means calendar week, ending at midnight 2 Saturday, but all work performed and wages earned during a work- 3 ing shift which starts before midnight Saturday shall be included 4 in the week in which that shift begins. 5 (b) Subject tosubdivisions (1) and (2)SUBSECTION (C), 6 for benefit years established before January 1, 1996, "credit 7 week" means a calendar week of an individual's base period during 8 which the individual earned wages equal to or greater than 20 9 times the state minimum hourly wage in effect on the first day of 10 the calendar week in which the individual filed an application 11 for benefits. However, for benefit years established on or after 05364'98 DMS 2 1 January 1, 1996 and before the conversion date prescribed in 2 section 75, "credit week" means a calendar week of an 3 individual's base period during which the individual DID EITHER 4 OF THE FOLLOWING: 5 (1) EXCEPT AS PROVIDED IN SUBDIVISION (2), earned wages 6 equal to or greater than 30 times the state minimum hourly wage 7 in effect on the first day of the calendar week in which the 8 individual filed an application for benefits.This subsection9 (2) EARNED WAGES THAT DID NOT EXCEED THE STATE MINIMUM 10 HOURLY WAGE RATE IN EFFECT ON THE FIRST DAY OF THAT CALENDAR 11 WEEK, IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 12 (A) INCREASES IN STATE MINIMUM HOURLY WAGE RATE AFTER MARCH 13 31, 1997 WOULD OTHERWISE PRECLUDE THE INDIVIDUAL FROM ESTABLISH- 14 ING A CREDIT WEEK UNDER SUBDIVISION (1). 15 (B) THE INDIVIDUAL'S WAGES WERE EQUAL TO OR GREATER THAN 30 16 TIMES THE STATE MINIMUM HOURLY WAGE IN EFFECT ON THE FIRST DAY OF 17 THAT CALENDAR WEEK. 18 (C) SUBSECTION (B) is subject to ALL OF the following: 19 (1) If an individual earns wages from more than 1 employer 20 in a credit week, that week shall be counted as 1 multiemployer 21 credit week and shall be governed by the provisions of section 22 20(e), unless the individual has earned sufficient wages in the 23 base period with only 1 of the employers for whom the individual 24 performed services in the week of concurrent employment to enti- 25 tle the individual to a maximum weekly benefit rate, in which 26 case, the week shall be a credit week with respect to that 27 employer only and not a multiemployer credit week. 05364'98 3 1 (2) Not more than 35 uncanceled and uncharged credit weeks 2 shall be counted as credit weeks. In determining the 35 credit 3 weeks to be used for computing and paying benefits, credit weeks 4 shall be counted in the following sequence: 5 (a) First, all credit weeks which are not multiemployer 6 credit weeks and which were earned with employers not involved in 7 a disqualifying act or discharge under section 29(1), and all 8 credit weeks earned with an employer involved in such a disquali- 9 fying act or discharge which were earned subsequent to the last 10 act or discharge in which the employer was involved, shall be 11 counted in inverse order of most recent employment with each 12 employer. 13 (b) Second, if the credit weeks counted under subparagraph 14 (a) total less than 35, all credit weeks which are not multiem- 15 ployer credit weeks and which were earned with each employer 16 before a disqualifying act or discharge shall be counted, in 17 inverse order to that in which the most recent disqualifying act 18 or discharge with each employer occurred, to the extent necessary 19 to use all available credit weeks with respect to the employers, 20 or a total of 35 credit weeks, whichever is less. 21 (c) Third, if the credit weeks counted under subparagraphs 22 (a) and (b) total less than 35, all multiemployer credit weeks 23 shall be counted, in inverse chronological order of their occur- 24 rence, to the extent necessary to count all available credit 25 weeks, or a total of 35 credit weeks, whichever is less. 26 (3) As used in this subsection: 05364'98 4 1 (a) "Uncharged credit week" means a credit week which has 2 not been used as a basis for a benefit payment, a reduction of 3 benefits under section 29(4), or a penalty disqualification under 4 section 62(b). 5 (b) "Uncanceled credit week" means a credit week which is 6 not canceled in accordance with section 62(b). 7 (4) There shall not be counted toward the wages required to 8 establish a credit week under this subsection payments in the 9 form of termination, separation, severance, or dismissal allow- 10 ances; or any payments for a vacation or a holiday unless the 11 payment has been made, or the right to receive it has irrevocably 12 vested, within 14 days following the vacation or holiday. 05364'98 Final page. 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