0001| SENATE BILL 286 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| LEONARD LEE RAWSON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO UNEMPLOYMENT COMPENSATION; RAISING UNEMPLOYMENT | 0012| BENEFITS. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 51-1-4 NMSA 1978 (being Laws 1969, | 0016| Chapter 213, Section 1, as amended) is amended to read: | 0017| "51-1-4. MONETARY COMPUTATION OF BENEFITS--PAYMENT | 0018| GENERALLY.-- | 0019| A. All benefits provided herein are payable from | 0020| the unemployment compensation fund. All benefits shall be | 0021| paid in accordance with such regulations as the secretary may | 0022| prescribe through employment offices or other agencies as the | 0023| secretary may by general rule approve. | 0024| B. Weekly benefits shall be as follows: | 0025| (1) an individual's "weekly benefit amount" | - 1 - 0001| is an amount equal to one twenty-sixth of the total wages for | 0002| insured work paid to him in that quarter of his base period in | 0003| which total wages were highest. No benefit as so computed may | 0004| be less than ~[ten]~ |twenty| percent or more than ~[fifty]~ | 0005| |fifty-two and one-half| percent of the ~[state's]~ | 0006| |individual's| average weekly wage for all insured work. | 0007| ~[The state's average weekly wage shall be computed from all | 0008| wages reported to the department from employing units in | 0009| accordance with regulations of the secretary for the period | 0010| ending June 30 of each calendar year divided by the total | 0011| number of covered employees divided by fifty-two, effective | 0012| for the benefit years commencing on or after the first Sunday | 0013| of the following calendar year.]~ Any such individual is not | 0014| eligible to receive benefits unless his total base-period | 0015| wages equal at least one and one-fourth times the wages for | 0016| insured work in that quarter of his base period in which such | 0017| wages are highest. |For purposes of this subsection, "total | 0018| wages" means all remuneration for insured work, including | 0019| commissions and bonuses and the cash value of all remuneration | 0020| in a medium other than cash|; | 0021| (2) each eligible individual who is | 0022| unemployed in any week during which he is in a continued | 0023| claims status shall be paid, with respect to such week, a | 0024| benefit in an amount equal to his weekly benefit amount, less | 0025| that part of the wages, if any, or earnings from self- | - 2 - 0001| employment, payable to him with respect to such week which is | 0002| in excess of one-fifth of his weekly benefit amount. For | 0003| purposes of this subsection only, "wages" includes all | 0004| remuneration for services actually performed in any week for | 0005| which benefits are claimed, vacation pay for any period for | 0006| which the individual has a definite return-to-work date, wages | 0007| in lieu of notice and back pay for loss of employment but does | 0008| not include payments through a court for time spent in jury | 0009| service; | 0010| (3) notwithstanding any other provision of | 0011| this section, each eligible individual who, pursuant to a plan | 0012| financed in whole or in part by a base-period employer of such | 0013| individual, is receiving a governmental or other pension, | 0014| retirement pay, annuity or any other similar periodic payment | 0015| that is based on the previous work of such individual and who | 0016| is unemployed with respect to any week ending subsequent to | 0017| April 9, 1981 shall be paid with respect to such week, in | 0018| accordance with regulations prescribed by the secretary, | 0019| compensation equal to his weekly benefit amount reduced, but | 0020| not below zero, by the prorated amount of such pension, | 0021| retirement pay, annuity or other similar periodic payment that | 0022| exceeds the percentage contributed to the plan by the eligible | 0023| individual. The maximum benefit amount payable to such | 0024| eligible individual shall be an amount not more than twenty- | 0025| six times his reduced weekly benefit amount. If payments | - 3 - 0001| referred to in this section are being received by any | 0002| individual under the federal Social Security Act, the division | 0003| shall take into account the individual's contribution and make | 0004| no reduction in the weekly benefit amount; | 0005| (4) in the case of a lump-sum payment of a | 0006| pension, retirement or retired pay, annuity or other similar | 0007| payment by a base-period employer that is based on the | 0008| previous work of such individual, such payment shall be | 0009| allocated, in accordance with regulations prescribed by the | 0010| secretary, and shall reduce the amount of unemployment | 0011| compensation paid, but not below zero, in accordance with | 0012| Paragraph (3) of this subsection; and | 0013| (5) the retroactive payment of a pension, | 0014| retirement or retired pay, annuity or any other similar | 0015| periodic payment as provided in Paragraphs (3) and (4) of this | 0016| subsection attributable to weeks during which an individual | 0017| has claimed or has been paid unemployment compensation shall | 0018| be allocated to such weeks and shall reduce the amount of | 0019| unemployment compensation for such weeks, but not below zero, | 0020| by an amount equal to the prorated amount of such pension. | 0021| Any overpayment of unemployment compensation benefits | 0022| resulting from the application of the provisions of this | 0023| paragraph shall be recovered from the claimant in accordance | 0024| with the provisions of Section 51-1-38 NMSA 1978. | 0025| C. Any otherwise eligible individual is entitled | - 4 - 0001| during any benefit year to a total amount of benefits equal to | 0002| whichever is the lesser of twenty-six times his weekly benefit | 0003| amount or sixty percent of his wages for insured work paid | 0004| during his base period. | 0005| D. Any benefit as determined in Subsection B or C | 0006| of this section, if not a multiple of one dollar ($1.00), | 0007| shall be rounded to the next lower multiple of one dollar | 0008| ($1.00). | 0009| E. The secretary may prescribe regulations to | 0010| provide for the payment of benefits that are due and payable | 0011| to the legal representative, dependents, relatives or next of | 0012| kin of claimants since deceased. These regulations need not | 0013| conform with the laws governing successions, and the payment | 0014| shall be deemed a valid payment to the same extent as if made | 0015| under a formal administration of the succession of the | 0016| claimant. | 0017| F. The division, on its own initiative, may | 0018| reconsider a monetary determination whenever it is determined | 0019| that an error in computation or identity has occurred or that | 0020| wages of the claimant pertinent to such determination but not | 0021| considered have been newly discovered or that the benefits | 0022| have been allowed or denied on the basis of misrepresentation | 0023| of fact, but no redetermination shall be made after one year | 0024| from the date of the original monetary determination. Notice | 0025| of a redetermination shall be given to all interested parties | - 5 - 0001| and shall be subject to an appeal in the same manner as the | 0002| original determination. In the event that an appeal involving | 0003| an original monetary determination is pending at the time a | 0004| redetermination is issued, the appeal, unless withdrawn, shall | 0005| be treated as an appeal from such redetermination." | 0006| Section 2. EFFECTIVE DATE.--The effective date of the | 0007| provisions of this act is July 1, 1998. | 0008|  |