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SB 119 - Employment Security Law - provi- sions on receipt of severance pay

Perdue, Sonny (18th)

Status Summary	SC:	I&L	HC:		FR:	02/04/99	LA:	02/04/99	S - Read 1st time

First Reader Summary

A bill to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification for benefits under the "Employment Security Law," so as to change the provisions relating to the receipt of severance pay; to provide for an effective date and applicability.

SB 119 99                                          LC 27 0797 
 
      SENATE BILL 119 
 
      By:  Senator Perdue of the 18th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 34-8-194 of the Official Code of 
  1- 2  Georgia Annotated, relating to grounds for disqualification 
  1- 3  for benefits under the "Employment Security Law," so as to 
  1- 4  change the provisions relating to the receipt of severance 
  1- 5  pay; to provide for an effective date and applicability; to 
  1- 6  repeal conflicting laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Code Section 34-8-194 of the Official Code of Georgia 
  1-10  Annotated, relating to grounds for disqualification for 
  1-11  benefits under the "Employment Security Law," is amended by 
  1-12  striking in its entirety paragraph (5) and inserting in lieu 
  1-13  thereof a new paragraph (5) to read as follows: 
 
  1-14      "(5) For any week with respect to which the employee is 
  1-15      receiving or has received remuneration in the form of: 
 
  1-16        (A) Wages in lieu of notice, terminal leave pay, 
  1-17        severance pay, separation pay, or dismissal payments 
  1-18        or wages by whatever name, regardless of whether the 
  1-19        remuneration is voluntary or required by policy or 
  1-20        contract; provided, however, such remuneration shall 
  1-21        only affect entitlement if the remuneration for such 
  1-22        week exceeds the individual's maximum weekly benefit 
  1-23        amount, as set forth in subsection (c) of Code Section 
  1-24        34-8-193, for the applicable time period. Remuneration 
  1-25        for accrued but unused annual leave, vacation pay, 
  1-26        sick leave, or payments from employer funded 
  1-27        supplemental unemployment plans, pension plans, 
  1-28        profit-sharing plans, deferred compensation, or stock 
  1-29        bonus plans or seniority buyback plans shall not 
  1-30        affect entitlement.  In the case of lump sum payments 
  1-31        or periodic payments which are less than the 
  1-32        individual's weekly wage, such payments shall be 
  1-33        prorated by weeks on the basis of the most recent 
 
 
 
 
                                 -1- 
 
 
 
  2- 1        weekly wage of the individual for a standard work 
  2- 2        week; or 
 
  2- 3        (B) Compensation for temporary partial or temporary 
  2- 4        total disability under the workers' compensation law 
  2- 5        of any state or under a similar law of the United 
  2- 6        States;" 
 
  2- 7                           SECTION 2. 
 
  2- 8  This Act shall become effective on July 1, 1999, and shall 
  2- 9  apply to claims filed on or after that date. 
 
  2-10                           SECTION 3. 
 
  2-11  All laws and parts of laws in conflict with this Act are 
  2-12  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-