Bill Summary for Bill Number HB09-1076

Date: 01/28/2009

Final
BILL SUMMARY for HB09-1076

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View-->	Action Taken:
Moved amendment L.001 (Attachment E). The motion Moved to refer House Bill 09-1076, as amended, to	Pass Without Objection PASS

12:23 PM -- House Bill 09-1076

Representative Pace, prime sponsor, presented House Bill 09-1076 concerning remuneration resulting from an employee's separation from employment for the purpose of calculating the postponement of unemployment insurance benefits. This bill requires that all types of payments a claimant receives when leaving employment be treated the same in calculating when the claimant can begin receiving unemployment insurance (UI) benefits and the maximum allowable benefit. Under HB09-1076, any payments received are divided by the claimant's average weekly wage to calculate postponement of claim payments on a week for week basis. After the postponement, the claimant receives full benefits. Another provision of the bill is that benefits will not be reduced for claimants who also receive social security payments.

Under current law, if an employer identifies a payment made at separation as severance pay, the claimant's UI claim payments are postponed by the number of weeks of severance pay granted and benefits are reduced by the same number of weeks. If the employer does not identify a payment as severance pay, the claimant's UI claim is postponed only for the week in which the payment was made and benefits are not reduced.

12:32 PM -- Mike Cullen, Director of the Unemployment Insurance Program in Colorado, testified in support of the bill. He talked about the current issues the department has with severance pay versus other types of pay. He explained that it does not matter what the remuneration is, whether it is sick pay, annual pay, severance pay, they should all be treated the same in calculating when the claimant can begin receiving unemployment insurance (UI) benefits and the maximum allowable benefit.

12:39 PM -- Kathy White, Colorado Fiscal Policy Institute, testified in support of the bill and distributed a handout (Attachment D).


BILL:	HB09-1076
TIME:	12:43:57 PM
MOVED:	Casso
MOTION:	Moved amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Gagliardi
		VOTE
	Balmer
	Bradford
	Gagliardi
	Liston
	Priola
	Ryden
	Scanlan
	Soper
	Stephens
	Casso
	Rice

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1076
TIME:	12:44:40 PM
MOVED:	Casso
MOTION:	Moved to refer House Bill 09-1076, as amended, to the Committee on Appropriations. The motion passed 9-0.
SECONDED:	Soper
		VOTE
	Balmer	Excused
	Bradford	Yes
	Gagliardi	Yes
	Liston	Yes
	Priola	Yes
	Ryden	Yes
	Scanlan	Yes
	Soper	Yes
	Stephens	Yes
	Casso	Yes
	Rice	Excused

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS