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.