Senate Bill No. 423

(By Senator Schoonover)

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[Introduced February 21, 1994; referred to the Committee
on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact section fifteen, article six, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing professional educators and school service personnel to receive certain unemployment benefits.

Be it enacted by the Legislature of West Virginia:
That section fifteen, article six, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§21A-6-15. Benefit payments for service with nonprofit organizations, state hospitals, institutions of higher education, educational institutions and governmental entities.

(1) Benefits based on service in employment as defined in subdivisions (9) and (10) of the definition of "employment" in section three, article one of this chapter, shall be payable in the same amount, on the same terms and subject to the sameconditions as compensation payable on the basis of other service subject to this chapter; except that benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or contracts to perform services, in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.
(2) Benefits based on service in employment defined in subdivisions (9) and (10) of the definition of "employment" in section three, article one of this chapter, shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter, except that:
(a) With respect to services in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on such services for any week commencing during the period between two successive academic years or terms, or during a similar period between two regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in thefirst of such academic years or terms and if regardless of whether there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms or after such holiday or vacation period. Benefits shall not be paid during a period of paid sabbatical leave provided for in the individual's contract.
(b) With respect to services in any other capacity for an educational institution, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and regardless of whether there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms. except that if compensation is denied to any individual under this subsection and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this clause.
(c) With respect to services described in subdivisions (a) and (b) of this section, benefits shall not be paid to any individual for any week which commences during an established andcustomary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
(d) On and after April one, one thousand nine hundred eighty-four, benefits payable on the basis of services in any such capacities as specified in subdivisions (a) and (b) of this section shall be denied as specified in subdivisions (a), (b) and (c) of this section to any individual who performed such services in an educational institution while in the employ of an educational service agency. For purposes of this subdivision the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.



NOTE: The purpose of this bill is to allow professional educators and school service personnel who are not employed for twelve calendar months to receive unemployment compensation benefits for those months between successive academic years for which they are not employed and paid.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.