HOUSE BILL No. 5239

September 28, 2005, Introduced by Reps. Hune, Gaffney and Vander Veen and referred to the Committee on Employment Relations, Training, and Safety.

A bill to amend 1936 (Ex Sess) PA 1, entitled

"Michigan employment security act,"

by amending section 28a (MCL 421.28a), as amended by 1994 PA 162.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 28a. (1) For benefit years beginning before the

conversion date prescribed in section 75, and notwithstanding any

other provision of this act, an unemployed individual who has a

benefit year in effect and who has not exhausted benefit

entitlement may have unused credit weeks preserved during a period

of continuous involuntary disability if a written request from the

individual to preserve the unused credit weeks is received by the

commission within 90 days after the commencement of the period of

disability, within 90 days after being advised of his or her rights

by the commission, or if the individual is unable to submit the

written request due to a medical inability, within 90 days after

the end of that medical inability. For benefit years beginning

after the conversion date prescribed in section 75, and

notwithstanding any other provision of this act, an unemployed

individual who has a benefit year in effect and who has not

exhausted benefit entitlement may have unused benefit entitlement

preserved during a period of continuous involuntary disability if a

written request from the individual to preserve the unused benefit

entitlement is received by the commission within 90 days after the

commencement of the period of disability, within 90 days after

being advised of his or her rights by the commission, or if the

individual is unable to submit the written request due to a medical

inability, within 90 days after the end of that medical inability.

(2) For benefit years beginning before the conversion date

prescribed in section 75, unused credit weeks shall not be

preserved pursuant to this section unless the commission receives a

written statement from the individual's physician or certified

nurse practitioner within 90 days after the commencement of the

disability, within 90 days after the individual is advised of his

or her rights by the commission, or if the individual is unable to

submit the written statement due to a medical inability, within 90

days after the end of that medical inability the commission

receives the written statement from the individual's physician or

certified nurse practitioner. The written statement from the

individual's physician or certified nurse practitioner shall

certify all of the following:

(a) The nature of the injury, illness, or hospitalization.

(b) That, based upon the examination of the physician or

certified nurse practitioner, the individual is not able and

available to perform full-time work as described in section

28(1)(c).

hospitalization.

For benefit years beginning after the conversion date

prescribed in section 75, unused benefit entitlement shall not be

preserved pursuant to this section unless the commission receives a

written statement from the individual's physician or certified

nurse practitioner within 90 days after the commencement of the

disability, within 90 days after the individual is advised of his

or her rights by the commission, or if the individual is unable to

submit the written statement due to a medical inability, within 90

days after the end of that medical inability the commission

receives the written statement from the individual's physician or

certified nurse practitioner. The written statement from the

individual's physician or certified nurse practitioner shall

certify all of the following:

(a) The nature of the injury, illness, or hospitalization.

(b) That, based upon the examination of the physician or

certified nurse practitioner, the individual is not able and

available to perform full-time work as described in section

28(1)(c).

hospitalization.

(3) The commission immediately shall provide a copy of the

statement required by subsection (2) to the individual's last

employer and all base period employers.

(4) For benefit years beginning before the conversion date as

prescribed in section 75, an individual who has unused credit weeks

preserved pursuant to this section shall receive an extension of

his or her benefit year equal in weeks to the number of weeks the

period of disability continued during the benefit year. The

extension shall begin with the week after the week in which the

disability terminated. Benefits may be paid for weeks of

unemployment after the period of disability if the individual is

eligible and qualified but benefits shall not be payable under this

section for any week that commences more than 156 weeks after the

first week of the benefit year. For benefit years beginning after

the conversion date prescribed in section 75, an individual who has

unused benefit entitlement preserved pursuant to this section shall

receive an extension of his or her benefit year equal in weeks to

the number of weeks the period of disability continued during the

benefit year. The extension shall begin with the week after the

week in which the disability terminated. Benefits may be paid for

weeks of unemployment after the period of disability if the

individual is eligible and qualified but benefits shall not be

payable under this section for any week that commences more than

156 weeks after the first week of the benefit year.

(5) As used in this section, a period of "continuous

disability" means a period continuing for more than 14 consecutive

days during which an unemployed individual is not able and

available to perform full-time work, as described in section

28(1)(c), due to injury, illness, or hospitalization.

(6) For benefit years beginning before the conversion date

prescribed in section 75, an unemployed individual who has been

unable to establish a benefit year solely due to a period of

continuous disability may preserve all credit weeks earned by the

individual in the 52 week period preceding the individual's first

week of unemployment, as defined in section 48, caused by the

disability. However, credit weeks may be preserved if the

commission receives a written request and a physician's or

certified nurse practitioner's statement, as described in

subsections (1) and (2) within 90 days after the commencement of

the unemployment, within 90 days after being advised of his or her

rights by the commission, or if the individual is unable to submit

the written statement and request due to a medical inability,

within 90 days after the end of that medical inability. The

individual's benefit year shall begin the first week the individual

was both unemployed and disabled, and the benefit year shall be

extended pursuant to subsection (4). For benefit years beginning

after the conversion date prescribed in section 75, an unemployed

individual who has been unable to establish a benefit year solely

due to an inability to file a claim because of a period of

continuous disability may preserve all unused benefit entitlement

in the base period preceding the individual's first week of

unemployment, as defined in section 48, caused by the disability.

However, benefit entitlement may be preserved if the commission

receives a written request and a physician's or certified nurse

practitioner's statement, as described in subsections (1) and (2)

within 90 days after the commencement of the unemployment, within

90 days after being advised of his or her rights by the commission,

or if the individual is unable to submit the written statement and

request due to a medical inability, within 90 days after the end of

that medical inability. The individual's benefit year shall begin

the first week the individual was both unemployed and disabled, and

the benefit year shall be extended pursuant to subsection (4).

(7) For benefit years beginning before the conversion date

prescribed in section 75, if an individual has sufficient credit

weeks to establish a new benefit year under section 46 after the

termination of the period of continuous disability, and is

otherwise eligible and qualified for benefits, the individual shall

cease to be entitled to benefits under this section. For benefit

years beginning after the conversion date prescribed in section 75,

if an individual has sufficient base period wages to establish a

new benefit year under section 46 after the termination of the

period of continuous disability, and is otherwise eligible and

qualified for benefits, the individual shall cease to be entitled

to benefits under this section.

(8) This section shall apply to all benefit years that

commence after ~~the effective date of this section~~ June 14, 1979.

(9) The commission shall disseminate information on this

section to potential interested parties including the legal

profession, employers, and unions.

(10) For benefit years beginning before the conversion date

prescribed in section 75, and notwithstanding any other provision

of this section, a request for preservation of credit weeks must be