HB405 Alabama 2014 Session

Under existing law, an individual is disqualified for total or partial unemployment compensation if he or she received or has been determined eligible to receive governmental or other pension, retirement or retired pay, annuity, or similar periodic payment that is based upon the individual's previous work; provided, however, that for weeks of unemployment beginning on or after April 26, 1982, the amount of benefits payable to an individual for any week which begins in a period during which the disqualification provision applies, the amount payable to the individual is reduced by an amount equal to the periodic payment only if the payment is made under a plan maintained or contributed to by a base period employer

Under existing law, if, in accordance with the pension payment provision, any individual is awarded pension payments retroactively covering a period during which he or she received unemployment benefits, the retroactive payments shall constitute disqualification and any benefits paid during the period shall be recovered

This bill would clarify that the amount of benefits payable to an individual under these circumstances shall be reduced only if the payment is made under a plan that is maintained or contributed to by a base period employer, 100 percent employer-financed, and not contributed to by the worker

This bill would clarify that any pension payments retroactively awarded to an individual would constitute disqualification and require recovery of any benefits paid during the disqualification period only if the pension payments were made under a plan that is maintained or contributed to by a base period employer, 100 percent employer-financed, and not contributed to by the worker

To amend Section 25-4-78, as last amended by Act 2013-312, Code of Alabama 1975, relating to unemployment compensation; to clarify that the amount of benefits payable to an individual who received or has been determined eligible to receive governmental or other pension, retirement or retired pay, annuity, or similar periodic payment that is based upon the individual's previous work shall be reduced only if the payment is made under a plan that is maintained or contributed to by a base period employer, 100 percent employer-financed, and not contributed to by the worker; and to clarify that any pension payments retroactively awarded to an individual would constitute disqualification and require recovery of any benefits paid during the disqualification period only if the pension payments were made under a plan that is maintained or contributed to by a base period employer, 100 percent employer-financed, and not contributed to by the worker.