An Act To Amend the Laws Governing Unemployment Compensation
Maine Legislature, Session 130, LD 1564
Committee: Labor and Housing
Sponsors: VITELLI, TALBOT ROSS, BLACK, HICKMAN, SYLVESTER
Amends: 26 MRSA §1043, 26 MRSA §1050, 26 MRSA §1051, 26 MRSA §1082, 26 MRSA §1162, 26 MRSA §1191, 26 MRSA §1192, 26 MRSA §1193, 26 MRSA §1194, 26 MRSA §1195, 26 MRSA §1197, 26 MRSA §1221, 26 MRSA §1226, 26 MRSA §1251

Legislative Document
No. 1564
S.P. 507
In Senate, April 27, 2021
An Act To Amend the Laws Governing Unemployment 
Compensation
Submitted by the Department of Labor pursuant to Joint Rule 204.
Received by the Secretary of the Senate on April 23, 2021.  Referred to the Committee on 
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Representative TALBOT ROSS of Portland and
Senators: BLACK of Franklin, HICKMAN of Kennebec, Representative: SYLVESTER of 
Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1043, sub-§17, ¶B, as amended by PL 1991, c. 548, Pt. D, §2, 
is further amended to read:
B.  An individual, including corporate officers, is considered "partially unemployed" 
in any week of less than full-time work if the individual's wages payable from any 
source for such week are not $5 $100 or more in excess of the weekly benefit amount 
the individual would be entitled to receive if totally unemployed and eligible, except 
that remuneration payable or received as holiday pay is not considered wages for the 
purpose of this subsection and except that any amounts received from the Federal 
Government by members of the National Guard and organized reserve, including base 
pay and allowances, or any amounts received as a volunteer firefighter, a volunteer 
emergency medical services person or as an elected member of the Legislature, are not 
considered wages for the purpose of this subsection.
Sec. 2.  26 MRSA §1043, sub-§17, ¶C, as amended by PL 1979, c. 515, §5, is 
further amended to read:
C.  An individual's week of unemployment shall be deemed to commence commences 
only after his the individual's registration at an employment office, except as the 
commission commissioner may by regulation rule otherwise prescribe.
Sec. 3.  26 MRSA §1043, sub-§19, as amended by PL 2017, c. 117, §3, is further 
amended to read:
19.  Wages.  "Wages" means all remuneration for personal services, including 
commissions, bonuses, severance or terminal pay, gratuities and the cash value of all 
remuneration in any medium other than cash. The reasonable cash value of remuneration 
in any medium other than cash must be estimated and determined in accordance with 
regulations rules prescribed by the commission commissioner, except that:
A.  For purposes of section 1221, the term "wages" does not include remuneration that 
exceeds the first $12,000 that is paid in a calendar year to an individual by an employer 
or the employer's predecessor for employment during any calendar year, unless that 
remuneration is subject to a tax under a federal law imposing a tax against which credit 
may be taken for contributions required to be paid into a state unemployment fund. The 
wages of an individual for employment with an employer are subject to this exception 
whether earned in this State or any other state when the employer-employee 
relationship is between the same legal entities;
B.  For purposes of section 1191, subsection 2, section 1192, subsection 5 and section 
1221, the term "wages" does not include:
(1)  The amount of any payment, including any amount paid by an employer for 
insurance or annuities, or into a fund, to provide for any such payment, made to, 
or on behalf of, an employee or any of the employee's dependents under a plan or 
system established by an employer that makes provision for the employer's 
employees generally, or for the employer's employees generally and their 
dependents, or for a class or classes of the employer's employees, or for a class or 
classes of the employer's employees and their dependents, on account of:
(a)  Sickness or accident disability, but, in the case of payments made to an 
employee or any of the employee's dependents, this subparagraph excludes 
from the term "wages" only payments that are received under a workers' 
compensation law;
(b)  Medical or hospitalization expenses in connection with sickness or 
accident disability; or
(c)  Death;
(1-A)  Any payment on account of sickness or accident disability, or medical or 
hospitalization expenses in connection with sickness or accident disability, made 
by an employer or a 3rd party to, or on behalf of, an employee after the expiration 
of 6 calendar months following the last calendar month in which the employee 
worked for that employer;
(2)  The payment by an employing unit, without deduction from the remuneration 
of the employee, of the tax imposed upon an employee under section 3101 of the 
Federal Insurance Contributions Act, as amended, with respect to service 
performed after July 26, 1940, with respect to remuneration paid to an employee 
for domestic service in a private home of the employer or for agricultural labor;
(3)  The amount of any payment, other than vacation or sick pay, to an individual 
after the month in which the individual attains the age of 62, if the individual did 
not perform services for the employing unit in the period for which such payment 
is made and is not expected to perform service in the future for the payment; or
(4)  The amount of any nominal fee or stipend to a volunteer whose service is 
excluded from the definition of employment pursuant to subsection 11, paragraph 
F, subparagraph (35);
C.  With respect to weeks of unemployment beginning on or after January 1, 1978, 
wages for insured work includes wages paid for previously uncovered services. For the 
purposes of this paragraph, the term "previously uncovered services" means services:
(1)  That were not employment as defined in subsection 11, and were not services 
covered pursuant to section 1222, at any time during the one-year period ending 
December 31, 1975; and
(2)  That:
(a)  Are agricultural labor, as defined in subsection 11, paragraph A‑2 or 
domestic service as defined in subsection 11, paragraph A‑3; or
(b)  Are services performed by an employee of this State or a political 
subdivision thereof, or any of their instrumentalities as provided in subsection 
11, paragraph A‑1, subparagraph (1), or by an employee of a nonprofit 
educational institution that is not an institution of higher education, as provided 
in subsection 11, paragraph F, subparagraph (17), division (i);
except to the extent that assistance under Title II of the Emergency Jobs and 
Unemployment Assistance Act of 1974 was paid on the basis of such services;
D.  Nothing in this subsection may be construed to include as wages any payment that 
is not included as wages under the Federal Unemployment Tax Act, 26 United States 
Code, Section 3306(b)(5) and (r), as amended, as of January 1, 1985; and
E.  Nothing in this subsection may be construed to exclude from wages any 
remuneration that is:
(1)  Taxable under any federal law that imposes a tax against which credit may be 
taken for contributions required to be paid into a state unemployment fund; or
(2)  Required to be covered under this chapter as a condition for full tax credit 
against the tax imposed by the Federal Unemployment Tax Act.
Sec. 4.  26 MRSA §1043, sub-§20 is amended to read:
20.  Week.  "Week" means such period or periods of 7 calendar days as the commission 
commissioner may by regulation rule prescribe.  The commission commissioner may, by 
regulation rule, prescribe that a week shall be is deemed to be "in," "within" or "during" a 
benefit year which that includes any part of such week.
Sec. 5.  26 MRSA §1050, as amended by PL 1979, c. 579, §8 and c. 651, §§9 and 
47, is further amended to read:
§1050.  Constitutionality
If at any time the provisions of this chapter requiring the payment of contributions and 
benefits have been held invalid under the Constitution of this State Maine by the Supreme 
Judicial Court of this State or under the United States Constitution by the Supreme Court 
of the United States in such manner that any person or concern required to pay contributions 
under this chapter might secure a similar decision, or that the tax imposed by Title IX of 
the federal Social Security Act, as amended, or any other federal tax against which 
contributions under this chapter may be credited has been amended or repealed by Congress 
or has been held unconstitutional by the Supreme Court of the United States, with the result 
that no portion of the contributions required by this chapter may be credited against such 
federal tax, the Governor shall forthwith publicly so proclaim and upon the date of such 
proclamation the provisions of this chapter requiring the payment of contributions and 
benefits shall must be suspended.  The commissioner shall thereupon requisition from the 
Unemployment Trust Fund all moneys therein standing to his the commissioner's credit 
and shall direct the Treasurer of State to deposit such moneys, together with any other 
moneys in the fund, as a special fund in any banks or public depositories in this State in 
which general funds of the State may be deposited, and to hold such moneys for such 
disposition as the Legislature shall may prescribe.  The commissioner shall thereupon 
refund, as the Legislature shall may prescribe, without interest and in accordance with 
regulations rules prescribed by the commission commissioner, to each person or concern 
by whom contributions have been paid, their pro rata share of the total contributions paid 
under this chapter.  Any interest or earnings of the fund shall must be available to the 
commissioner to pay for the costs of making such refunds.  When the commissioner shall 
have has executed the duties prescribed and performed such other acts as are incidental to 
the termination of his the commissioner's duties under this chapter, the Governor shall by 
proclamation declare that this chapter shall cease ceases to be operative.
Sec. 6.  26 MRSA §1051, sub-§5, as amended by PL 1997, c. 293, §4, is further 
amended to read:
5.  Refusal to repay erroneous payments; waiver of repayment.  If, after due notice, 
any person refuses to repay amounts erroneously paid to that person as unemployment 
benefits, the amounts due from that person are collectible in the manner provided in 
subsection 6 or in the discretion of the commission commissioner or the commissioner's 
designee, the amount erroneously paid to such person may be deducted from any future 
benefits payable to that person under this chapter; provided except that there is no recovery 
of payments from any person who, in the judgment of at least 2 commission members the 
commissioner or the commissioner's designee, is without fault and where when, in the 
judgment of the commission commissioner or the commissioner's designee, such recovery 
would defeat the purpose of benefits otherwise authorized or would be against equity and 
good conscience. No recovery may be attempted until the determination of an erroneous 
payment is final as to law and fact and the individual has been notified of the opportunity 
for a waiver under this subsection.
Sec. 7.  26 MRSA §1082, sub-§1, as amended by PL 1995, c. 560, Pt. G, §11, is 
further amended to read:
1.  Powers and duties of the commissioner.  Except as otherwise provided, it is the 
duty of the Commissioner of Labor commissioner to administer this chapter, through an 
organization to be known as the Bureau of Unemployment Compensation.  The 
commissioner may employ persons, make expenditures, require reports, make 
investigations and take other actions the commissioner determines necessary or suitable to 
that end.  The commissioner is responsible and possesses the necessary authority for the 
operation and management of the Bureau of Unemployment Compensation.  The 
commissioner shall determine methods of operational procedures in accordance with the 
provisions of this chapter.  The commissioner may adopt rules in accordance with the 
Maine Administrative Procedure Act, Title 5, chapter 375, to achieve this purpose, except 
rules pertaining to unemployment insurance as provided in subsection 2.  The 
commissioner may adopt rules with respect to a self-employment assistance program as 
provided in section 1197.  The commissioner shall determine methods of operational 
procedures in accordance with the provisions of this chapter and by the Maine 
Administrative Procedure Act, Title 5, chapter 375.  The commissioner shall make 
recommendations for amendments to this chapter that the commissioner determines proper.  
When the commissioner believes that a change in contribution or benefit rates is necessary 
to protect the solvency of the fund, the commissioner shall promptly inform the Governor 
and the Legislature and make recommendations with respect to the change in rates.
Sec. 8.  26 MRSA §1082, sub-§2, as amended by PL 2003, c. 452, Pt. O, §3 and 
affected by Pt. X, §2, is further amended to read:
2.  Powers and duties.  In addition to other powers and duties provided in this chapter, 
the commission, by majority vote and with the advice of the commissioner, may adopt or 
rescind rules with respect to unemployment insurance in accordance with the Maine 
Administrative Procedure Act, Title 5, chapter 375.  The commission may require reports, 
make investigations and undertake other activities necessary to carry out the duties of the 
commission.  Each member of the commission is entitled to access to any information, 
memoranda, reports or statistical data that is in the possession of or that has been prepared 
by a division of the Department of Labor and that relates to the administration of this 
chapter.
Sec. 9.  26 MRSA §1082, sub-§13, as amended by PL 2015, c. 39, §1, is further 
amended to read:
13.  Filing payroll reports; penalty.  The commission commissioner may prescribe 
rules for the filing of payroll reports for the employing units in the State.  Each employing 
unit shall submit a quarterly payroll report by electronic submission or on forms prescribed 
by the bureau.  These quarterly reports are due in the office of the bureau, or of any duly 
constituted agent of the bureau, on or before the last day of the month following the close 
of the calendar quarter for which the reports relate.  The failure on the part of any employing 
unit to file the payroll reports within this time frame renders the employing unit liable for 
a penalty of $25 or 10% of the tax due, whichever is greater.
In the case of executive, administrative and professional employees, and outside sales 
representatives, as defined in Part 541 of the Rules and Regulations promulgated under the 
federal Fair Labor Standards Act of 1938, as amended as of June 30, 1971, the 
commissioner, upon the request of an employer of those individuals, may approve an 
alternative method for obtaining from that employer necessary wage information relative 
to those employees.
Sec. 10.  26 MRSA §1162, as repealed and replaced by PL 1979, c. 579, §19 and c. 
651, §§20 and 47, is amended to read:
§1162.  Withdrawals
Moneys shall must be requisitioned from the state's State's account in the 
Unemployment Trust Fund solely for the payment of benefits and for the payment of 
refunds pursuant to section 1043, subsection 11, paragraph F, subparagraph (2) and section 
1225 in accordance with regulations rules prescribed by the commission commissioner.  
The commissioner shall from time to time requisition from the Unemployment Trust Fund 
the amounts, not exceeding the amounts standing to this state's State's account therein, as 
he deems the commissioner considers necessary for the payment of the benefits and refunds 
for a reasonable future period.  Upon receipt thereof the Treasurer of State shall deposit the 
moneys in the benefit account and warrants shall must be issued for the payment of benefits 
and refunds solely from the benefit account.  All warrants issued for the payment of benefits 
and refunds shall must bear the signature of the commissioner or his the commissioner's 
duly authorized agent for that purpose.  When so signed and delivered to the payee, the 
warrants shall become a check against a designated bank or trust company acting as a 
depository of the State Government.  The commission shall be commissioner is the final 
judge of the legality or propriety of any award of benefits, or the amount thereof, appearing 
in any such warrant prepared by the commissioner, subject only to the right of appeal as 
provided in section 1194, subsections 8 and 9.  Any balance of moneys requisitioned from 
the Unemployment Trust Fund which that remains unclaimed or unpaid in the benefit 
account after the expiration of the period for which the sums were requisitioned shall  must 
either be deducted from estimates for, and may be utilized for the payment of, benefits and 
refunds during succeeding periods, or, in the discretion of the commissioner, shall be 
redeposited with the United States Secretary of the Treasury of the United States of 
America, to the credit of this state's State's account in the Unemployment Trust Fund, as 
provided in section 1161.
Sec. 11.  26 MRSA §1191, sub-§1 is amended to read:
1.  Payment of benefits.  Benefits shall must be paid from the Unemployment 
Compensation Fund through public employment offices or such other agencies as the 
commission commissioner may by regulation rule prescribe, and in accordance with such 
regulations rules as the commission commissioner may prescribe.
Sec. 12.  26 MRSA §1191, sub-§6, as corrected by RR 2009, c. 2, §77, is amended 
to read:
6.  Supplemental benefit for dependents.  An individual in total or partial 
unemployment and otherwise eligible for benefits must be paid for each week of that 
unemployment, in addition to the amounts payable under subsections 2 and 3, the sum of 
$10 $25 for each unemancipated child of the individual who in any part of the benefit year 
and during any part of the individual's period of eligibility is, in fact, dependent upon and 
is being wholly or mainly supported by the individual, and who is under the age of 18, or 
who is 18 years of age or over and incapable of earning wages because of mental or physical 
incapacity, or who is a full-time student as defined in Title 39-A, section 102, subsection 
8, paragraph C, or who is in that individual's custody pending the adjudication of a petition 
filed by the individual for the adoption of the child in a court of competent jurisdiction and 
for each such child for whom that individual is under a decree or order from a court of 
competent jurisdiction to contribute to that child's support and for whom no other person 
is receiving allowances hereunder. In no instance may the dependency benefits as provided 
in this subsection be more than 50% 60% of the individual's weekly benefit amount.
The commission commissioner shall prescribe regulations rules as to who may receive a 
dependency allowance when both spouses are eligible to receive unemployment 
compensation benefits.
No individual may be eligible to receive dependency allowances as provided in this 
subsection for any week during which that individual's spouse is employed full time 
provided that the spouse is contributing some support to their dependent or dependents. For 
purposes of this subsection, "employed full time" means the receipt of any wages, earnings, 
salary or other income equivalent to that amount that would be received for a 40-hour work 
week workweek.
Sec. 13.  26 MRSA §1192, sub-§1, as amended by PL 1975, c. 344, §1, is further 
amended to read:
1.  Has claim for benefits.  He The individual has made a claim for benefits with 
respect to such week or part thereof in accordance with such regulations rules as the 
commission commissioner may prescribe;
Sec. 14.  26 MRSA §1192, sub-§2, as amended by PL 2013, c. 314, §1, is further 
amended to read:
2.  Has registered for work.  The individual has registered for work at, and continued 
to report at, an employment office in accordance with rules the commission commissioner 
adopts, except that the commission commissioner may, by rule, waive or alter either or 
both of the requirements of this subsection as to individuals attached to regular jobs and as 
to such other types of cases or situations with respect to which the commission 
commissioner finds that compliance with the requirements would be oppressive, or would 
be inconsistent with the purposes of this chapter.  A rule under this subsection may not 
conflict with section 1191, subsection 1.
The individual must actively seek work each week in which a claim for benefits is filed 
unless the individual is participating in approved training under subsection 6 or work search 
has been waived in accordance with rules adopted by the commission commissioner and 
provide evidence of work search efforts in a manner and form as prescribed by the 
Department of Labor.  Failure to provide required work search documentation results in a 
denial of benefits in accordance with section 1194, subsection 2 for the week or weeks for 
which no documentation was provided unless the department determines there is good 
cause for the individual's failure to comply with this requirement;
Sec. 15.  26 MRSA §1192, sub-§3, as amended by PL 2017, c. 453, §1, is further 
amended to read:
3.  Is able and available for work.  The individual is able to work and is available for 
full-time work at the individual's usual or customary trade, occupation, profession or 
business or in such other trade, occupation, profession or business for which the individual's 
prior training or experience shows the individual to be fitted or qualified, as long as the 
geographic region in which the work will take place is not greater than 35 miles from the 
individual's primary residence; and in addition to having complied with subsection 2 is 
actively seeking work in accordance with the regulations rules of the commission 
commissioner; provided except that no ineligibility may be found solely because the 
claimant is unable to accept employment on a shift, the greater part of which falls between 
the hours of midnight to 5 a.m., and is unavailable for that employment because of parental 
obligation, the need to care for an immediate family member or the unavailability of a 
personal care attendant required to assist the unemployed individual who is a handicapped 
person with a disability; and provided except that an unemployed individual who is neither 
able nor available for work due to good cause as determined by the deputy is eligible to 
receive prorated benefits for that portion of the week during which the individual was able 
and available.
A.  Notwithstanding this subsection, beginning January 1, 2004, an individual who is 
not available for full-time work as required in this subsection is not disqualified from 
receiving benefits if:
(1)  The individual worked less than full time for a majority of the weeks during 
that individual's base period and the individual is able and available for and actively 
seeking part-time work for at least the number of hours in a week comparable to 
those customarily worked in part-time employment during that individual's base 
period; or
(2)  The individual worked full time for a majority of the weeks during that 
individual's base period, but is able and available for and actively seeking only 
part-time work because of the illness or disability of an immediate family member 
or because of limitations necessary for the safety or protection of the individual or 
individual's immediate family member.
Sec. 16.  26 MRSA §1192, sub-§6, as amended by PL 2013, c. 474, §1, is further 
amended to read:
6.  Approved training.  Notwithstanding any other provisions of this chapter to the 
contrary, any otherwise eligible claimant in training, as approved for the claimant by the 
deputy, under rules adopted by the commission with the advice and consent of the 
commissioner, may not be denied benefits for any week with respect to subsection 3, 
relating to availability and the work search requirement or the provisions of section 1193, 
subsection 3.  Enrollment in a degree-granting program may not be the sole cause for denial 
of approved training status for an otherwise eligible claimant.  Benefits paid to any eligible 
claimant while in approved training, for which, except for this subsection, the claimant 
could be disqualified under section 1193, subsection 3, may not be charged against the 
experience rating record of any employer but must be charged to the General Fund.  For 
purposes of this subsection, "the deputy" means a representative from the bureau 
designated by the commissioner.
Sec. 17.  26 MRSA §1192, sub-§6-C, as amended by PL 2013, c. 474, §2, is further 
amended to read:
6-C.  Prohibition against disqualification of individuals in approved training 
under section 1196.  Notwithstanding any other provision of this chapter to the contrary, 
no otherwise eligible individual may be denied benefits for any week because that 
individual is in training as approved by the deputy, under rules adopted by the commission 
with the advice and consent of the commissioner, nor may that individual be denied benefits 
by reason of leaving work to enter that training, as long as the work left is not suitable 
employment.
For purposes of this subsection, "suitable employment" means, with respect to an 
individual, work of a substantially equal or higher skill level than the individual's past 
adversely affected employment, and "the deputy" means a representative from the bureau 
designated by the commissioner.
Sec. 18.  26 MRSA §1192, 2nd ¶, as amended by PL 2017, c. 453, §5, is further 
amended to read:
For purposes of subsections 2, 3, 12 and 13, "good cause" means the unemployed 
individual is ill; the presence of the unemployed individual is required due to an illness of 
the unemployed individual's spouse, children, parents, stepparents, brothers or sisters, or 
relatives who have been acting in the capacity of a parent of either the unemployed 
individual or the unemployed individual's spouse; the unemployed individual is in 
attendance at the funeral of such a relative; the unemployed individual is observing a 
religious holiday as required by religious conviction; the unemployed individual is 
performing either a military or civil duty as required by law; or other cause of a necessitous 
and compelling nature, including child care emergencies and transportation emergencies.  
If an unemployed individual has completed reemployment services and eligibility 
assessment with the Department of Labor within the prior 5 years, that individual is 
considered to have good cause for not participating in reemployment services and 
eligibility assessment under subsections 12 and 13.  "Good cause" does not include 
incarceration as a result of a conviction for a felony or misdemeanor.
Sec. 19.  26 MRSA §1193, sub-§1, ¶A, as amended by PL 2017, c. 117, §6, is 
further amended to read:
A.  For the week in which the claimant left regular employment voluntarily without 
good cause attributable to that employment.  The disqualification continues until the 
claimant has earned 4 times the claimant's weekly benefit amount in employment by 
an employer.  A claimant may not be disqualified under this paragraph if:
(1)  The leaving was caused by the illness or disability of the claimant or an 
immediate family member and the claimant took all reasonable precautions to 
protect the claimant's employment status by promptly notifying the employer of 
the need for time off, a change or reduction in hours or a shift change and being 
advised by the employer that the time off or change or reduction in hours or shift 
change cannot or will not be accommodated;
(2)  The leaving was necessary to accompany, follow or join the claimant's spouse 
in a new place of residence;
(3)  The leaving was in good faith in order to accept new employment on a 
permanent full-time basis and the new employment did not materialize for reasons 
attributable to the new employing unit;
(4)  The leaving was necessary to protect the claimant or any member of the 
claimant's immediate family from domestic abuse or the leaving was due to 
domestic violence that caused the claimant reasonably to believe that the claimant's 
continued employment would jeopardize the safety of the claimant or any member 
of the claimant's immediate family and the claimant made all reasonable efforts to 
preserve the employment; or
(5)  The claimant's employer announced in writing to employees that it planned to 
reduce the work force through a layoff or reduction in force and that employees 
may offer to be among those included in the layoff or reduction in force, at which 
time the claimant offered to be one of the employees included in the layoff or 
reduction in force and the claimant's employer accepted the claimant's offer, 
thereby ending the employment relationship.; or
(6)  The leaving was due to the unexpected loss of child or elder care for which the 
claimant was not at fault and for which no work alternatives such as changes in 
hours or a leave of absence or alternate child or elder care options were available 
despite good faith efforts made by the claimant to resolve the issue and continue 
working.
Separation from employment based on the compelling family reasons in subparagraphs 
(1), (2) and, (4) and (6) does not result in disqualification.
Sec. 20.  26 MRSA §1194, sub-§1 is amended to read:
1.  Filing.  Claims for benefits shall must be made in accordance with such regulations 
rules as the commission commissioner may prescribe. Each employer shall post and 
maintain printed statements of the regulations rules in places readily accessible to 
individuals in his the employer's service and shall make available to each such individual 
at the time he the individual becomes unemployed a printed statement of those regulations 
rules.  The printed statements shall must be supplied by the commissioner to each employer 
without cost to him the employer.
Sec. 21.  26 MRSA §1194, sub-§1-A, ¶C, as enacted by PL 1999, c. 376, §1, is 
amended by amending subparagraph (1) to read:
(1)  Whose earnings or earnings plus holiday pay for the week exceed the 
maximum weekly benefit amount plus $5 $100; or
Sec. 22.  26 MRSA §1194, sub-§2, as amended by PL 2003, c. 163, §1, is further 
amended by amending the 6th blocked paragraph to read:
If, during the period a claimant is receiving benefits, new information or a new issue arises 
concerning the claimant's eligibility for benefits or which affects the claimant's weekly 
benefit amount, benefits may not be withheld until a determination is made on the issue.  
Before a determination is made, written notice shall must be mailed to the claimant and 
other interested parties, which must include the issue to be decided, the law upon which it 
is based, any factual allegations known to the bureau, the right to a fact-finding interview, 
the date and location of the scheduled interview and the conduct of the interview and 
appeal.  The fact-finding interview must be scheduled not less than 5 days nor more than 
days after the notice is mailed. The bureau shall include in the notice a statement 
notifying the claimant that any benefits paid prior to the determination may be an 
overpayment under applicable law and recoverable by the bureau if it is later determined 
that the claimant was not entitled to the benefits. If the claimant does not appear for the 
scheduled interview, the deputy shall make a determination on the basis of available 
evidence.  The deputy shall make a prompt determination of the issue based solely on any 
written statements of interested parties filed with the bureau before the interview, together 
with the evidence presented by interested parties who personally appeared at participated 
in the interview by telephone or e-mail or other electronic means.  Upon request and notice 
to all parties at the interview, the deputy may accept corroborative documentary evidence 
after the interview.  In no other case may the deputy base a decision on evidence received 
after the interview has been held.
Sec. 23.  26 MRSA §1194, sub-§3, as amended by PL 1987, c. 641, §8, is further 
amended to read:
3.  Appeals.  Unless such appeal is withdrawn, the Division of Administrative Hearings 
after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or 
set aside the findings of fact and decision of the deputy.  The parties shall must be then 
duly notified of the division's decision, together with its reasons therefor, which subject to 
subsection 11 shall be is deemed to be the final decision of the commission unless, within 
calendar days after that notification was mailed to his the claimant's and employer's last 
known address, the claimant and or employer may appeal appeals to the commission by 
filing an appeal in accordance with such rules as the commission shall prescribe 
commissioner prescribes, provided that as long as the appealing party appeared at the 
hearing and was given notice of the effect of the failure to appear in writing prior to the 
hearing.
Sec. 24.  26 MRSA §1194, sub-§6, as repealed and replaced by PL 1977, c. 694, 
§474, is amended to read:
6.  Procedure.  The manner in which disputed claims shall must be presented, and the 
reports thereon required from the claimant and from employers shall must be in accordance 
with regulations rules prescribed by the commission commissioner.  The conduct of 
hearings and appeals shall must be in accordance with Title 5, section 8001 et seq chapter 
375.
Sec. 25.  26 MRSA §1195, sub-§1-A is enacted to read:
1-A.  Alternate trigger.  In addition to the conditions provided in subsection 1, 
paragraphs H and I with respect to weeks of unemployment beginning on or after January 
1, 2022, the determination of whether there has been a state "on" indicator or a state "off" 
indicator beginning or ending any extended benefit period must be made under this 
subsection if:
A.  The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the period consisting of the 
most recent 3 months for which data for all states are published before the close of that 
week equals or exceeds 6.5%; and
B.  The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the 3-month period referred to 
in paragraph A equals or exceeds 110% of the average rate for either or both of the 
corresponding 3-month periods ending in the 2 preceding calendar years.
There is a state "off" indicator for a week based on the rate of seasonally adjusted total 
unemployment in this State, as determined by the United States Secretary of Labor, only if 
the period consisting of the most recent 3 months for which data for all states are published 
before the close of such week does not result in a state "on" indicator.
Sec. 26.  26 MRSA §1195, sub-§2, as enacted by PL 1971, c. 119, is amended to 
read:
2.  Effect of state law provisions relating to regular benefits on claims for, and the 
payment of, extended benefits.  Except when the result would be inconsistent with the 
other provisions of this subchapter, as provided in the regulations rules of the commission 
commissioner, the provisions of this chapter which that apply to claims for, or the payment 
of, regular benefits shall apply to claims for, and the payment of, extended benefits.
Sec. 27.  26 MRSA §1195, sub-§5-A is enacted to read:
5-A.  Total extended benefit amount in high unemployment period.  With respect 
to weeks of unemployment beginning on or after January 1, 2022, effective with respect to 
weeks beginning in a high unemployment period, subsection 5 must be applied by 
substituting:
A.  "Eighty percent" for "50%" in paragraph A;
B.  "Twenty" for "13" in paragraph B; and
C.  "Forty-six" for "39" in paragraph C.
For purposes of this subsection, "high unemployment period" means any period during 
which an extended benefit period would be in effect if subsection 1-A, paragraph A were 
applied by substituting "8%" for "6.5%."
Sec. 28.  26 MRSA §1197, sub-§8-B, ¶B-1, as enacted by PL 2005, c. 39, §1, is 
amended to read:
B-1.  A person aggrieved by the decision of the hearing officer may appeal to the 
commission by filing an appeal in accordance with rules established by the commission 
commissioner as long as the appealing party participated in the hearing by that hearing 
officer and was given notice of the effect of the failure to participate in writing prior to 
the hearing.
Sec. 29.  26 MRSA §1221, sub-§10, ¶E, as amended by PL 1981, c. 168, §25, is 
further amended to read:
E.  The Commissioner of Labor commissioner, in accordance with such regulations 
rules as the commission commissioner may prescribe, shall notify each such employer 
of any determination which that is made of its status as an employer and of the effective 
date of any election which that it makes and any termination of such election.  Such 
determination shall be is subject to reconsideration, appeal and review in accordance 
with section 1082, subsection 14.
Sec. 30.  26 MRSA §1221, sub-§15, as amended by PL 1981, c. 286, §4, is further 
amended to read:
15.  Group accounts.  Two or more nonprofit organizations or 2 or more governmental 
entities that have become liable for payments in lieu of contributions, in accordance with 
subsections 10 and 13, may file a joint application to the commissioner for the 
establishment of a group account for the purpose of sharing the cost of benefits paid that 
are attributable to service in the employ of such employers or governmental entities. Each 
such application shall must identify and authorize a group representative to act as the 
group's agent for the purposes of this subsection.  Upon approval of the application, the 
commissioner shall establish a group account for such employers or governmental entities 
effective as of the beginning of the calendar quarter in which it the commissioner receives 
the application and shall notify the group's representative of the effective date of the 
account.  Such account shall remain remains in effect for not less than 2 years and thereafter 
until terminated at the discretion of the commissioner or upon application by the group.  
Upon establishment of the account, each member of the group shall be is liable for 
payments in lieu of contributions with respect to each calendar quarter in the amount that 
bears the same ratio to the total benefits paid in such quarter that are attributable to service 
performed in the employ of all members of the group as the total wages paid for service in 
employment by such member in such quarter bear to the total wages paid during such 
quarter for service performed in the employ of all members of the group.  The commission 
commissioner shall prescribe such regulations as it deems rules the commissioner considers 
necessary with respect to applications for establishment, maintenance and termination of 
group accounts that are authorized by this subsection, for addition of new members to, and 
withdrawal of active members from, such accounts, and for the determination of the 
amounts that are payable under this subsection by members of the group and the time and 
manner of such payments.
Sec. 31.  26 MRSA §1226, sub-§1, ¶A, as amended by PL 2017, c. 284, Pt. 
AAAAA, §4, is further amended to read:
A.  An employer may appeal determinations by the commissioner or the 
commissioner's designated representatives made under sections 1082, subsection 14, 
1221, 1222, 1225 and 1228, or an assessment made under section 1225, to the Division 
of Administrative Hearings by filing an appeal, in accordance with rules that the 
commission commissioner prescribes, within 30 days after notification is mailed to the 
employer's last known address as it appears in the records of the bureau or, in the 
absence of such mailing, within 30 days after the notification is delivered.  If the 
employer fails to perfect this appeal, the assessment or determination is final as to law 
and fact.
Sec. 32.  26 MRSA §1251, sub-§2, as amended by PL 1977, c. 694, §483, is further 
amended to read:
2.  Regulations Rules.  The commission commissioner shall prescribe fair and 
reasonable regulations rules, pursuant to Title 5, section 8051 et seq., applicable to the 
payment of benefits to individuals whose qualifying wages in whole or in part were earned 
in seasonal industries, to the period during which benefits shall be are payable to them the 
individuals and to charges to be made to experience rating records or general funds as a 
result of benefits so paid.
SUMMARY
This bill makes the following changes to the laws governing unemployment 
compensation.
1.  It increases the amount of wages a person may receive and still be considered 
partially unemployed.
2.  It provides the Commissioner of Labor or the commissioner's designee discretion to 
deduct the amount of unemployment benefits erroneously paid to a person from any future 
benefits payable to that person.  Current law vests this discretion in the Unemployment 
Insurance Commission.  It also provides that unemployment benefits erroneously paid may 
not be recovered from a person who, in the judgment of the commissioner or the 
commissioner's designee, is without fault and when, in the judgment of the commissioner 
or the commissioner's designee, such recovery would defeat the purpose of benefits or 
would be against equity and good conscience.  Current law vests this judgment in the 
commission.
3.  It transfers rule-making authority pertaining to unemployment insurance from the 
Unemployment Insurance Commission to the Commissioner of Labor.
4.  It increases the allowance for dependents and the cap on the allowance for 
dependents.
5.  It removes an exemption from the requirement to show good cause for participation 
in reemployment services and eligibility assessment.
6.  It provides eligibility for unemployment compensation for a person who leaves 
employment due to the unexpected loss of child or elder care under certain circumstances.
7.  It provides that evidence presented at a fact-finding interview by interested parties 
who personally participate in the interview by telephone or email or other electronic means 
is permitted for a determination of eligibility for unemployment compensation.
8.  It specifies additional conditions that trigger an extended benefit period.
9.  It increases the total extended benefit amount in a high unemployment period.