GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 680
The General Assembly of North Carolina enacts:
Section 1. G.S. 96-12(b) reads as rewritten:
"(b) (1) a. Repealed by Session Laws 1977, c. 727, s. 52.
b. Each
eligible An individual whose benefit year begins on or after the
first day of October, 1974, who is totally unemployed as defined by G.S.
96-8(10)a, and who files a valid claim, shall be paid benefits with
respect to such week or weeks at a rate per week equal to the
individual's weekly benefit amount. The weekly benefit amount for an
individual is the amount obtained by dividing such individual's of
the high-quarter wages paid during his to the individual in the
individual's base period by 26, rounded to the nearest dollar, but shall
not be less than fifteen dollars ($15.00).
Each eligible individual whose benefit year begins on or after the first day
of October 1983, who is totally unemployed as defined by G.S. 96-8(10), and who
files a valid claim, shall be paid benefits with respect to such week or weeks
at a rate equal to the amount obtained by dividing the sum of the wages paid to
such individual during his two highest paid base period quarters by 52 and, if
the amount so obtained is not a multiple of one dollar, rounded to the next
lower whole dollar; provided that if the amount so obtained, after rounding, period,
divided by 26 and, if the quotient is not a whole dollar, rounded to the next
lower whole dollar. If this amount is less than fifteen dollars
($15.00), no benefits shall be paid. the individual is not eligible
for benefits.
c. Repealed by Session Laws 1981, c. 160, s. 17.
(2) Each August 1, a the
Commission shall calculate the maximum weekly benefit amount available to
an eligible individual whose benefit year begins on October 1, 1974, or
thereafter, shall be determined by multiplying the average weekly insured wage,
obtained in accordance with G.S. 96-8(22), by two thirds rounded, if not a
multiple of one dollar, to the next lower dollar. Effective August 1, 1987, the
maximum weekly benefit amount shall be computed as sixty-three percent (63%) of
the average weekly insured wage. Thereafter, beginning August 1, 1988,
the individual. The maximum weekly benefit amount shall be
computed as is sixty-six and two-thirds percent (66 2/3%) of the
average weekly insured wage. wage rounded, if the amount is not a
whole dollar, to the next lower whole dollar. The maximum rate
applicable to each claimant shall be that rate in effect during the time the
claimant's benefit year is established. weekly benefit amount set on
August 1 of a year applies to an individual whose benefit year begins on or
after that date and before August 1 of the following year.
(3) Repealed by Session Laws 1981, c. 160, s. 18.
(4) Qualifying Wages for
Second Benefit Year. - Any An individual whose prior benefit year
has expired and who files a new benefit claim for benefits on and
after January 1, 1972, shall is not be entitled to benefits
unless he the individual has been paid qualifying wages required
by G.S. 96-12(b)(1), and since the beginning date of his last
established previous the prior benefit year and before the date upon
which he files his the new benefit claim has been paid wages was
filed equal to at least 10 times the individual's weekly benefit
amount of under the new benefit year claim. Such wages
must have been 'Qualifying wages' are wages earned with an employer
subject to the provisions of this Chapter or some other state employment
security law or in federal service as defined in Chapter 85, Title 5, United
States Code. 5 U.S.C. Chapter 85."
Sec. 2. G.S. 96-12(c) reads as rewritten:
"(c) Partial Weekly
Benefit. - Each eligible An individual whose benefit year
begins after December 31, 1977, who is 'partially unemployed' or 'part
totally unemployed' as defined in G.S. 96-8(10)b and c respectively, and who
files a valid claim, partially unemployed or part-totally employed
shall be paid benefits with respect to such week or weeks in an amount
figured to the nearest multiple of one dollar ($1.00) which is equal to the
difference between his weekly benefit amount and that part of the remuneration
payable to him for such week which is in excess of ten percent (10%) of the
average weekly wage in the high quarter of his base period. Each eligible
individual whose benefit year begins on or after October 1, 1983, who is
'partially unemployed' or 'part totally unemployed' as defined in G.S.
96-8(10), and who files a valid claim, shall be paid benefits with respect to
such week or weeks in an amount rounded to the nearest lower full dollar amount
(if not a full dollar amount) which is equal to a portion of the individual's
weekly benefit amount. The portion payable is the difference between his
the individual's weekly benefit amount and that any part
of the wages or remuneration that is payable to him for such
week which is in excess of the individual for a week for which benefits
are claimed and that exceeds ten percent (10%) of the individual's average
weekly wage in the two highest quarters highest quarter of his
the individual's base period. The computation of the partial
weekly benefit shall be made without regard to any benefits received by the
claimant period rounded, if the amount is not a whole dollar, to the
next lower whole dollar. Payments received by an individual under a
supplemental benefit plan referred to in G.S. 96-8(13)(d). 96-8(13)d.
do not affect the computation of the individual's partial weekly benefit."
Sec. 3. G.S. 96-12(d) reads as rewritten:
"(d) Duration of Benefits.
- On and after October 1, 1974, the maximum The total benefits paid
to an individual shall not be less than the minimum total benefit and shall not
exceed the lesser of the maximum total benefit or the individual's total
benefit amount. The total benefit amount available to eligible
individuals shall be for an individual is determined by dividing the
individual's base-period wages by his the individual's high-quarter
wages and wages, multiplying that quotient by eight and two
thirds, rounding the result to the nearest whole number, and then multiplying
the figure so derived resulting amount by the individual's weekly
benefit amount available to that individual; provided the amount.
The minimum total amount of benefits available to eligible individuals
shall not be less than benefit for an individual is 13 times his the
individual's weekly benefit amount, nor shall any eligible individual be
entitled to more than amount. The maximum total benefit for an
individual is 26 times his the individual's weekly benefit amount
during any benefit year, except that such amount, unless the benefits
may be are extended further in accordance with the provisions
of G.S. 96-12(e). On and after October 1, 1983, the maximum benefit amount
available to eligible individuals shall be determined by dividing the
individual's base-period wages by his high-quarter wages and multiplying that
quotient by eight, rounding the result to the nearest whole number, and then
multiplying the figure so derived by the weekly benefit amount available to
that individual; provided the minimum total amount of benefits available to
eligible individuals shall not be less than 13 times his weekly benefit amount,
nor shall any eligible individual be entitled to more than 26 times his weekly
benefit amount during any benefit year, except that such benefits may be
extended further in accordance with the provisions of G.S. 96-12(e). subsection
(e) of this section. The Commission shall establish and maintain individual
wage record accounts for each individual who earns wages in covered employment,
until such time as such employment for as long as the wages would not
be necessary for benefit purposes. included in a determination of
benefits."
Sec. 4. G.S. 96-8 is amended by adding the following new subdivision to read:
"(8a) 'Reemployment services' means job search assistance and job placement services, such as counselling, testing, assessment, and providing occupational and labor market information, job search workshops, job clubs, referrals to employers, and other similar services."
Sec. 5. G.S. 96-13(a) is amended by adding the following new subdivision to read:
"(5) The individual has participated in reemployment services, if the Division referred the individual to these services after determining, through use of a worker profiling system, that the individual would likely exhaust regular benefits and would need reemployment services to make a successful transition to new employment, unless the individual establishes justifiable cause for failing to participate in the services."
Sec. 6. G.S. 96-21 reads as rewritten:
"§ 96-21. Cooperation
with State and federal agencies. Duties concerning veterans and worker
profiling.
The duties of the Employment Service Division shall
include the following:
(1) To cooperate with all State and federal agencies in attempting to secure suitable employment and fair treatment for military veterans and disabled veterans.
(2) To establish and use a worker profiling system that complies with 42 U.S.C. § 503(a)(10) to identify claimants for benefits whom the Division must refer to reemployment services in accordance with that law."
Sec. 7. G.S. 96-8(6)k.1., k.2., k.4., and k.5. are repealed.
Sec. 8. G.S. 96-8(18) reads as rewritten:
"(18)
For benefit years established on and after July 1, 1953, the term 'base
period' shall mean the first four of the last six completed calendar quarters
immediately preceding the first day of an individual's benefit year as defined
in subdivision (17) of this section. For benefit years established on and
after January 1, 1978, the term 'base 'Base period' shall mean means
the first four of the last five completed calendar quarters immediately
preceding the first day of an individual's benefit year as defined in G.S.
96-8(17). subdivision (17) of this section."
Sec. 9. G.S. 96-8(23) is repealed.
Sec. 10. Sections 1 through 3 of this act become effective August 1, 1994, and apply to benefits paid to claimants whose benefit year begins on or after that date. The remainder of this act is effective upon ratification.
In the General Assembly read three times and ratified this the 5th day of July, 1994.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives