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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 52 - Benefit Account

Section 52. All moneys requisitioned from the commonwealth's account in the Unemployment Trust Fund in the United States treasury and received by the commissioner from the state treasurer shall be immediately deposited in a benefit account maintained by the commissioner. All moneys in the benefit account shall be used exclusively for the payment of benefits pursuant to this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 53 - Unclaimed Balance in Benefit Account

Section 53. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods, or, in the discretion of the commissioner, shall be redeposited by the state treasurer with the secretary of the treasury of the United States of America, to the credit of the account of the commonwealth in the Unemployment Compensation Fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 54 - Depositaries; Insurance Charge; Commingling Funds

Section 54. Except as otherwise provided in this chapter, moneys in the clearing and benefit accounts and the contingent fund may be deposited in any depositary bank in which general funds of the commonwealth may be deposited, but no public deposit insurance charge or premium shall be paid out of the Unemployment Compensation Fund or the contingent fund.
Moneys in the clearing and benefit accounts and the contingent fund shall not be commingled with other funds of the commonwealth, but shall be maintained as separate accounts on the books of the depositary bank.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 55 - Bond of Commissioner; Premiums Paid From Administrative Account

Section 55. The commissioner shall give a bond conditioned upon the faithful performance of his duties with respect to the benefit account in an amount not exceeding twenty-five thousand dollars, and approved by the governor and council and with surety or sureties satisfactory to the attorney general. Premiums upon bonds pursuant to this section shall be paid from the employment security administration account.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 56 - Trust Fund; Administration Upon Cessation of Unemployment Compensation Fund or Federal Separate Book Account; Investments

Section 56. The provisions of this chapter, to the extent that they relate to the Unemployment Compensation Fund, shall be operative only so long as such Unemployment Compensation Fund continues to exist and so long as the secretary of the treasury of the United States of America continues to maintain for the commonwealth a separate book account of all funds deposited therein by the commonwealth for benefit purposes, together with the commonwealth's proportionate share of the earnings of such Unemployment Compensation Fund, from which no other state is permitted to make withdrawals. If and when such Unemployment Compensation Fund ceases to exist, or such separate book account is no longer maintained, all moneys belonging to the Unemployment Compensation Fund of the commonwealth shall be requisitioned by the state treasurer as ex officio treasurer of the fund. The state treasurer shall thereafter, in accordance with the pertinent provisions of this chapter, hold, invest, transfer, sell, deposit and release such moneys, and any properties, securities, or earnings acquired as an incident thereto, for the administration by the commissioner as a trust fund for the purposes of paying benefits or refunds; provided, that such moneys shall be invested in the following classes of securities:
(a) Bonds or other interest-bearing obligations of the United States of America;
(b) Other direct obligations of the United States;
(c) Securities which are the direct obligations of the commonwealth;
(d) Bonds and other interest-bearing obligations of any legally constituted political subdivision of the commonwealth, if such subdivision has never defaulted in the payment of the principal or interest of any of its bonds or other interest-bearing obligations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 57 - Requisitions From State Trust Fund; Investment Board; Deposits; Investments; Assistance

Section 57. In the event of the provisions contained in section fifty-six becoming operative
(a) The commissioner shall from time to time requisition from the state treasurer as treasurer ex officio of the trust fund such amounts of moneys as he deems necessary for the payment of benefits for a reasonable time and immediately deposit same in the benefit account for the purpose of paying benefits under the provisions of this chapter.
(b) An investment board of three members, hereinafter called the board, the membership of which shall be as provided in the following sentence, is hereby created, and shall be responsible for directing how and to what extent the fund shall from time to time be held, deposited and invested under this chapter. The board shall consist of the state treasurer, the commissioner and the chairman of the state advisory council or their authorized representatives. The board shall perform its duties by the recorded vote of any two of its members and under rules to be adopted by it. Except as otherwise provided in this section and as the board may from time to time determine, not less than twenty nor more than forty per cent of the fund shall either be deposited with the federal reserve bank of Boston, if said bank is authorized to receive and to pay interest on such deposits, or shall be deposited by the commissioner, or shall, at the direction of the board, be held in ear-marked cash either by the commissioner or by the federal reserve bank of Boston, if said bank is authorized to hold such funds for the commonwealth, or in other safe depositories selected by the board. Except as otherwise provided in said section fifty-six, the balance of the fund shall at the direction of the board be invested in any or all of the classes of securities therein referred to. If the fund is so invested, the board may purchase and sell such securities therefor at current market prices, may invest and reinvest the fund from time to time in its discretion, and may, in its discretion, borrow against its investments for current payments. To enable the board to perform its duties under this section, the commissioner shall furnish the board with any necessary assistance duly requested by the board and approved by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 59 - Liability on State Treasurer's Bond

Section 59. The state treasurer, in addition to the provisions contained in section two of chapter ten, shall be liable on the treasurer's bond for the faithful performance of his duties in connection with the unemployment compensation fund, the clearing account in connection therewith and the employment security administration account provided for under this chapter. Such liability of the treasurer on his official bond shall be effective immediately upon the enactment of this provision, and such liability shall exist in addition to any liability upon any separate bond existent on the effective date of this provision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 60 - Federal Moneys Allotted to Commonwealth Paid Into Accounts

Section 60. All federal moneys allotted or apportioned to the commonwealth by the Federal Social Security Board, the Federal Railroad Retirement Board, or other federal agency, for the administration of this chapter, shall be paid into the employment security administration account, except that moneys received from the Federal Railroad Retirement Board as compensation for services or facilities supplied to said board shall be paid into this account or the employment service accounts thereof, on the same basis as expenditures are made for such services or facilities from such employment security administration account and employment service accounts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 61 - Special Employment Service Accounts; Agreements Relative to Employment Offices; Acceptance of Moneys, Services or Quarters

Section 61. Special employment service accounts shall be maintained as a part of the account, for the purpose of segregating such money as may be made available by the commonwealth for its state employment service, together with such money as may be allotted to the commonwealth under the Wagner-Peyser Act, so called, and such money as may be apportioned for the purposes of such accounts from moneys received by the commonwealth under Title III of the Social Security Act, so called, or under any other federal law.
For the purpose of maintaining free employment offices, the commissioner may enter into an agreement with a city or town and, as part of any such agreement, the commissioner may accept monies, services or other quarters for the purposes of the employment service accounts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 62 - State Advisory Council; Duties, Powers and Reports

Section 62. The state advisory council shall perform all the duties imposed on it by this chapter, and, in addition, shall consider and advise the commissioner upon all matters connected with this chapter. It shall have full investigatory powers, and shall have direct access to all sources of information relating to employment. It shall promote as far as possible the regularization of employment within the commonwealth. It shall also aid in the formation of policies related to the administration of this chapter as to insure a fair, impartial and neutral administration thereof, free from political influences. It shall report to the governor at least quarterly, and to the general court annually and at such other times as the general court may require, its conclusions and recommendations with respect to the administration of this chapter. Said reports shall relate particularly to the actuarial status of the Unemployment Compensation Fund and shall set forth such changes in or additions to this chapter with respect to contributions, benefits or other provisions thereof, as are, in its opinion, necessary for maintaining the solvency of said fund. It shall also investigate and study all proposals for changes in or additions to the provisions of this chapter pending before the general court, including proposals made by the commissioner, and shall report to the general court its recommendations with respect thereto. Reports made by said council to the governor hereunder shall be open to public inspection.
On or before the fifteenth day of October of the first year, the subcommittee is hereby authorized and directed to file with the house and senate committees on ways and means and the clerks of the house of representatives and the senate and the joint committee on commerce and labor a report which shall contain a comprehensive evaluation of the program's effectiveness to date, including but not limited to the number of claimants served, the number of past claimants presently employed, and an accounting of all monies expended through the fund. On or before the fifteenth day of the months of January, April, August and October of the following calendar year, and on or before the fifteenth day of the months of January and April of the final year, said subcommittee shall submit an updated report to the chairmen of said committees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 63 - Publication and Free Distribution of Statutes, Reports, Regulations and Relevant Material

Section 63. The commissioner, subject to the approval of the commission on administration and finance, shall cause to be printed in proper form for distribution to the public the full text of this chapter, the general rules, annual reports, regulations, classifications, rates and rules of procedure thereunder, and any other material he deems relevant and suitable, and shall distribute the same, free of charge, upon request. Unless the contrary is provided hereunder, or by the rules or regulations of the commissioner, such printing and distributions shall be deemed a sufficient publication of the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 64a - List of Employers Qualified for Exemption Under Sec. 5i of Chapter 59; Confidentiality

Section 64A. The commissioner shall on or before July first of each year provide to the chairman of the board of assessors in each city and town a list of all employers located in the city and town that qualified for an exemption pursuant to section five I of chapter fifty-nine during the previous year. This list shall be confidential and shall be used only by the assessors or employees designated by the assessors for the purpose of determining eligibility for property tax exemptions pursuant to said section five I of said chapter fifty-nine. Any other use of this list or information contained therein or disclosure of the names of employers on said list to persons other than assessors or designated employees shall be punishable by a fine of one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 65 - Records Available to Federal Railroad Retirement Board; Cooperation With Federal Agencies; Agreements Relative to Employment Offices; Acceptance of Moneys, Services or Quarters

Section 65. The commissioner may make the commonwealth's records relating to the administration of this chapter available to the Federal Railroad Retirement Board and may furnish said board, at the expense of said board, such copies thereof as said board deems necessary for its purposes. The commissioner may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance law. For the purpose of establishing and maintaining free employment offices, he may enter into agreements with any agency of the United States charged with the administration of an employment security law, and, as a part of any such agreement, the department may accept moneys, services or quarters as a contribution to the employment service accounts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 66a - Arrangements for Utilizing Facilities and Services of Commonwealth and Foreign Countries

Section 66A. To the extent permissible under the laws and constitution of the United States, the commissioner is authorized to enter into or co-operate in arrangements whereby facilities and services provided under this chapter and services and facilities provided under the employment security law of any foreign country may be utilized for the taking of claims and the payment of benefits under the employment security law of this commonwealth and under a similar law of such government.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 67 - Estimate of Liability of Employer Failing to Make Report or Return; Collection

Section 67. If any employer shall wilfully fail or refuse to make any report or return as required by any provision of this chapter or of the rules and regulations of the commissioner made under authority of this chapter, the commissioner may estimate the liability of such employer from any available information and may assess upon, and collect from, such employer the contributions, penalties and interest due from him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 68 - Payment of Benefits Due a Deceased or Mentally Incapacitated Person

Section 68. The commissioner may provide for the payment, to such person or persons as the commissioner finds entitled thereto, of benefits due a deceased person, or a person who has become incapacitated by reason of mental illness or who is an insane person and incapable of properly taking care of himself or his property, for the allowance of whose will or for the administration of whose estate no petition for the appointment of an administrator, guardian or conservator has been filed within thirty days after his death or disability, as the case may be, and every such payment shall be a valid payment to the same extent as if made to the legal representative of the deceased or of the person under such disabilities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 69 - Recovery or Deduction of Erroneous Payments; Cancellation; Liability of Disbursing Officer; Penalty for Misrepresentation of Material Fact or Failure to Disclose Material Fact

Section 69. (a) The department may recover by a civil action any amounts paid to an individual through error, or, in the discretion of the commissioner, the amount erroneously paid may be deducted from any future payments of benefits accruing to an individual under the provisions of this chapter provided that there has been a final decision as defined in section 69D. Any civil action brought pursuant to this subsection shall be commenced within six years from the date of the erroneous payment.
If any individual fails to pay when due any amount paid to said individual because of such individual's failure knowingly to furnish accurate information concerning any material fact, including amounts of remuneration received, as provided in subsection (c) of section twenty-four, such overdue amount shall carry interest at a per annum rate provided by subsection (a) of section fifteen from the due date until paid. The total amount of interest assessed shall not exceed fifty percent of the total amount due.
(b) The commissioner may cancel the balance of a restitution owed by an individual under this section if the commissioner finds that such individual is deceased and has left no estate or that, after five years following notice to him that such restitution was required, he has not claimed benefits and he cannot be located.
(c) The commissioner may waive recovery of an overpayment made to any individual, who, in the judgment of the commissioner, is without fault and where, in the judgment of the commissioner such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience.
Any person aggrieved by a determination or decision of the commissioner that recovery of an overpayment not be waived shall have the right to appeal such determination or decision in accordance with the provisions set forth in sections thirty-nine to forty-two, inclusive.
(d) No disbursing officer shall be held liable for any amount paid by him to any person where the recovery of such amount is waived under this section.
(e) At the time the department determines that an erroneous payment from the Unemployment Compensation Fund was made to an individual due to the individual's misrepresentation of a material fact or failure to disclose a material fact that the individual knew, or reasonably should have known, was material, the individual shall be assessed a penalty equal to 15 per cent of the amount of the erroneous payment. Except as provided in subsection (b), recovery of the penalty shall not be waived. Any appeal of the penalty under subsection (c) shall be limited to whether the amount on which the penalty was assessed is correct. All assessments paid under this subsection shall be deposited immediately in the Unemployment Compensation Fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 69a - Charging Off Uncollectible Amounts

Section 69A. The commissioner, upon certification to the state advisory council, may charge off any delinquent contributions, payments in lieu of contributions, interest, or penalties at any time after six years from the date of delinquency, if the commissioner is satisfied that such amounts are uncollectible. The term ''uncollectible'', as used in this section, includes, but is not limited to, those situations where (1) the employing unit has ceased operations and (2) the owner, or if the employing unit is or was a corporation, the president, the secretary, and the treasurer, or officers exercising corresponding functions, are deceased or cannot be located.
Notwithstanding the foregoing paragraph the commissioner may charge off annually any delinquent employer account where the amount owed is ten dollars or less.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 69b - Set-Off Against Refunds; Notice; Review

Section 69B. In addition to any other remedy provided by this chapter, the commissioner may request that the amount payable to the department by an individual resulting from an overpayment of unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against any refund owed such individual by the department of revenue; provided, however, that such individual is notified of the intention to request a set off of the amount owed and the right to apply to the commissioner for a review of such intention. The application for review shall be filed within twenty days after mailing or delivery of said notice and shall set forth the grounds for such application. The grounds shall be limited to the identity of the individual and the amount to be set off. The commissioner shall review the application and, where applicable, reconsider the intention to request a set off. Thereafter, notice of the results of the commissioner's review of the application shall be mailed to the individual and this notice shall be final and not subject to appeal under any provision of this chapter; except that if a refund is set off for any amount owed the department, the individual may appeal such set off in accordance with the provisions of sections thirty-nine to forty-two, inclusive, and the commissioner shall refund to the individual any amount which has been set off erroneously. The grounds for appeal shall not include any issue that has been the subject of a prior appeal or which could have been the subject of a prior appeal if the individual or employer had filed a timely appeal.
In addition to any other remedy provided by this chapter, the commissioner may request that the amount payable to the department by an individual resulting from an overpayment of unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against any federal tax refund payment owed such individual by the United States Department of Treasury, in accordance with the requirements of the treasury offset program pursuant to section 14Q.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 69c - Reduction of Back Pay Award Due to Receipt of Unemployment Benefits; Notice to Commissioner; Reimbursement of Unemployment Compensation Fund

Section 69C. (a) If a back pay award to an individual is reduced because of the receipt of unemployment benefits by the individual, the employer against whom the back pay award was made shall notify the commissioner of the back pay award in such manner as prescribed by the commissioner. The employer must notify the commissioner in writing not later than the twelfth day from which the employer learns about the reduction in the back pay award.
(b) An employer which has been assessed a back pay award which has been reduced because of the receipt of unemployment benefits by an individual shall reimburse the unemployment compensation fund for the amount of benefits paid from such fund equal to the amount of the reduction of the back pay award. The employer shall not be liable under this section to reimburse the fund more than the amount by which the commissioner determines the individual was overpaid unemployment benefits because of receipt of a back pay award.
(c) Any reimbursement of the fund by the employer pursuant to subsection (b) shall be credited against the overpayment resulting from the receipt of a back pay. An individual who has received a back pay award which has been reduced by the receipt of unemployment benefits shall not be liable with respect to an overpayment caused by receipt of said award that creates liability for the employer under subsection (b).
(d) Any reimbursement of the fund by the employer pursuant to subsection (b) shall be credited to the employer's account or the solvency account in accordance with section fourteen as if the reimbursement had been made by the individual who was overpaid unemployment benefits. If the employer has elected to make payments in lieu of contributions such credit shall be in accordance with the provisions of section fourteen A as if the reimbursement had been made by the individual who was overpaid unemployment benefits.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 69d - Final Decision

Section 69D. As used in this section, the term ''final'' shall mean that: (1) there is no pending hearing or appeal under section 39 to 42, inclusive, from a decision determining that an individual knowingly and willfully failed to furnish information; (2) no hearing or appeal from a decision on ineligibility for benefits is pending; (3) no request for waiver pursuant to subsection (c) of section 69 is pending; (4) no request for a redetermination pursuant to section 71 is pending; and (5) from a determination of overpayment, an opportunity for an interview and all appeal rights have been exhausted or not taken within the time allowed by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 71b - Closing of Facility; Report; Certification; Notice; Hearing; Appeal

Section 71B. (a) Every employer who is closing a facility, as defined in section seventy-one A, shall thereupon promptly report to the commissioner, in such form and manner as the commissioner prescribes, such information as may be necessary to determine an employee's reemployment assistance benefits rights under section seventy-one A to seventy-one G, inclusive. The commissioner, after making such inquiries and investigations as deemed necessary, shall certify whether a plant closing has occurred or will occur. The commissioner shall certify that a plant closing has or will occur if the commissioner determines that at least ninety per cent of the employees of a facility have been or will be permanently separated within the six month period prior to the date of certification or within such other period as the commissioner shall prescribe; provided that, such period shall fall within six month period prior to the date of certification. The commissioner shall give notice of the determination regarding certification to the employer and if the employees are represented by a labor union to such union and to any other person or organization that the commissioner determines is an interested party.
(b) Any interested party notified of a determination under this section may request a hearing within ten days after mailing of the notice of the determination. If a hearing is requested, the commissioner or the commissioner's authorized representative shall afford all interested parties a reasonable opportunity for a fair hearing, except that the commissioner may refer the case to the board of review of hearing and decision in accordance with subsection (d) of section forty-one. The conduct of such hearings before the commissioner or the board of review, as the case may be, shall be in accordance with the procedures prescribed by and pursuant to subsection (b) of section thirty-nine. Any interested party aggrieved by any decision on certification may appeal such decision. Such appeal shall be in accordance with the procedures prescribed in sections forty through forty-two inclusive.
(c) The commissioner shall report, from time to time, to the secretary of economic affairs and the industrial advisory board any determination or decision made pursuant to this section and may provide such information to any other interested individual or organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 71c - Partial Closing of Facility; Identification; Regulations; Eligibility for Reemployment Assistance Benefits

Section 71C. Subject to appropriation, the commissioner shall, in consultation with the Massachusetts industrial advisory board, identify and assess various categories of partial closings. Subsequently, the commissioner shall, by regulation, identify those partial closings that are deemed to fall within the intent of sections seventy-one A to seventy-one G, inclusive. Any proposed regulations to be issued pursuant to this section shall be filed with the clerk of the house and the clerk of the senate thirty days before publishing a notice of a public hearing, pursuant to section two of chapter thirty A. Subject to appropriation, employees whose employment is terminated in covered partial closings established by said regulations shall be eligible for the reemployment assistance benefits established by section seventy-one F and health insurance benefits established by section seventy-one G.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 71d - Reemployment Assistance Program

Section 71D. Subject to appropriation, the director of career services, in coordination with the secretary and with any other appropriate agency, shall establish a reemployment assistance program to provide counseling, placement, training, and any other services deemed necessary, to employees terminated in plant closings and partial closings which will lead to the reemployment of said employees. Such services shall be provided either at a plant closing site, at local offices of the department of career services or at a site provided by any other appropriate agency. Said reemployment assistance program shall be administered by the director of career services. Participation in said program when said program is available shall be a requirement for eligibility for reemployment assistance benefits established pursuant to section seventy-one F.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 71e - Reemployment Assistance Fund; Health Insurance Benefits Fund

Section 71E. There is hereby established a Reemployment Assistance Fund and a Health Insurance Benefits Fund which shall be administered by the commissioner, without liability on the part of the commonwealth beyond the amounts credited to and earned by the funds. Such funds shall consist of all moneys credited to the funds as provided in this section, less payments made therefrom in accordance with sections seventy-one F and seventy-one G. Moneys in the Reemployment Assistance Fund shall be pooled and available to pay reemployment assistance benefits under section seventy-one F and moneys in the health insurance benefits fund shall be pooled and available to pay health insurance benefits under section seventy-one G irrespective of the source of such moneys. Such funds may receive moneys from appropriations and any other revenue source that the general court may from time to time establish. Moneys in the funds shall not be commingled with moneys in the Unemployment Compensation Fund established by section forty-eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 71g - Eligibility for Health Insurance Benefits

Section 71G. (a) An employee eligible to receive reemployment assistance benefits under section seventy-one F shall also be eligible to receive health insurance benefits during his or her eligibility period if (1) the individual was, at the time of termination covered by an individually purchased health insurance plan, and (2) the individual is not able to be covered under any health insurance plan carried by a member of the family.
For the purpose of this section, the eligibility period shall commence with the effective week of the claim for regular benefits and end at the completion of three calendar months, or the completion of the month during which reemployment was obtained, whichever is less. The payment of health insurance benefits shall terminate at the end of the month during which employment was obtained.
(b) The maximum health insurance benefits amount shall be the amount of the monthly insurance premium, but not to exceed three months. Such amount shall be paid in accordance with the procedures prescribed by the commissioner. In formulating said procedures and other regulations governing this section, the commissioner shall consult with the commissioner of insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 71h - Plant Closing Employers; Bills for Reemployment Assistance Benefits

Section 71H. (a) At the end of each calendar month, or at the end of any other period as determined by the commissioner, the commissioner shall bill each certified plant closing employer or covered partial closing employer an amount equal to one hundred percent of the amount of reemployment assistance benefits paid under section seventy-one F, provided that eligibility for such benefits is attributable to service in the employ of such employer.
(b) Payment of any bill rendered under paragraph (a) shall be made not later than thirty days after the commissioner mails such bill to the last known address of the employer, unless not later than thirty days after the commissioner mails the bill, the employer files an application for review by the commissioner. The application shall set forth the grounds for such application. The grounds shall be limited to the identities of the individual and the employer and the amount to be charged. The commissioner shall review the application. Thereafter, notice of the commissioner's determination shall be mailed to the employer. This determination shall be final and not subject to any appeal.
(c) All payments received pursuant to this section shall be credited to the General Fund.
(d) Past due payments of amounts owed under this section shall be subject to the same interest and penalties that apply to past due contributions pursuant to section fifteen.
(e) Default in payment of amounts owed under this section by an employer shall not in any manner adversely affect the rights of an employee otherwise eligible for reemployment assistance benefits.
(f) Except where inconsistent with sections seventy-one A to seventy-one H, inclusive, the provisions of this chapter, including the provisions of section forty-seven, which apply to the collection of contributions or payments in lieu of contributions, shall apply to the same extent to the collection of amounts owed under this section; provided, however, that said amounts shall not be credited to the employer's account or the solvency account established pursuant to section fourteen or fourteen A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 72 - Jurisdiction of Action to Enforce Statute; Entry Fee in Actions and Proceedings

Section 72. The supreme judicial or superior court shall have general jurisdiction of a civil action brought by the commissioner, to enforce any provisions of this chapter.
In civil actions and court proceedings under any provision of this chapter which are entered by or in behalf of the commissioner no entry fee shall be paid, but if the commissioner shall prevail the equivalent of such entry fee shall be taxed against the adverse party as costs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151a - Unemployment Insurance › Section 73 - Severability

Section 73. If any part, section or subdivision of this chapter, or the application thereof, shall be held invalid, unconstitutional or inoperative as to any particular person, persons or conditions, the remainder hereof, or the application of any such part, section or subdivision to other persons and conditions, shall not be affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151b - Unlawful Discrimination Because of Race, Color, Religious Creed, National Origin, Ancestry or Sex › Section 2 - Policies; Recommendations

Section 2. The commission, as established by section fifty-six of chapter six, shall formulate policies to effectuate the purposes of this chapter and may make recommendations to agencies and officers of the commonwealth or its political subdivisions in aid of such policies and purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151b - Unlawful Discrimination Because of Race, Color, Religious Creed, National Origin, Ancestry or Sex › Section 3a - Employers' Policies Against Sexual Harassment; Preparation of Model Policy; Education and Training Programs

Section 3A. (a) All employers, employment agencies and labor organizations shall promote a workplace free of sexual harassment.
(b) Every employer shall:
(1) adopt a policy against sexual harassment which shall include:
(i) a statement that sexual harassment in the workplace is unlawful;
(ii) a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;
(iii) a description and examples of sexual harassment;
(iv) a statement of the range of consequences for employees who are found to have committed sexual harassment;
(v) a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and
(vi) the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.
(2) provide annually to all employees an individual written copy of the employer's policy against sexual harassment; provided, however, that a new employee shall be provided such a copy at the time of his employment.
(c) The commission shall prepare and provide to employers subject to this section a model policy and poster consistent with federal and state statutes and regulations, which may be used by employers for the purposes of this section.
(d) An employer's failure to provide the information required to be provided by this section shall not, in and of itself, result in the liability of said employer to any current or former employee or applicant in any action alleging sexual harassment. An employer's compliance with the notice requirements of this section shall not, in and of itself, protect the employer from liability for sexual harassment of any current or former employee or applicant.
(e) Employers and labor organizations are encouraged to conduct an education and training program for new employees and members, within one year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year of commencement of employment or membership, which shall include at a minimum the information set forth in subsection (b), the specific responsibilities of supervisory and managerial employees and the methods that such employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers, labor organizations and appropriate state agencies are encouraged to cooperate in making such training available.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151b - Unlawful Discrimination Because of Race, Color, Religious Creed, National Origin, Ancestry or Sex › Section 4a - Conveyance by Void Instruments; Penalty

Section 4A. Whoever conveys real property by an instrument which contains a provision which he knows is void under the provisions of section twenty-three B of chapter one hundred and eighty-four shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151b - Unlawful Discrimination Because of Race, Color, Religious Creed, National Origin, Ancestry or Sex › Section 7 - Posting Notices Setting Forth Excerpts of Statute and Other Information; Refusal to Post

Section 7. Every employer, employment agency, real estate agency, rental office, labor union, institutional creditor, proprietor of a business or of a place of public accommodation, or other person, corporation, or group subject to this chapter, shall post in a conspicuous place or places on his premises a notice to be prepared or approved by the commission, which shall set forth excerpts of this chapter and such other relevant information which the commission deems necessary to explain the chapter. Any employer, employment agency, real estate agency, rental office, labor union, institutional creditor, proprietor of a business or of a place of public accommodation, or other person, corporation, or group subject to this chapter, who refuses to comply with the provisions of this section shall be punished by a fine of not less than ten dollars nor more than one hundred dollars. A subsequent violation of this section by the same person, corporation, or group, if such violation occurs more than sixty days from a prior conviction for violation of this section, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151b - Unlawful Discrimination Because of Race, Color, Religious Creed, National Origin, Ancestry or Sex › Section 8 - Interference With Commission; Violation of Order

Section 8. Any person, employer, labor organization or employment agency, who or which shall wilfully resist, prevent, impede or interfere with the commission or any of its members or representatives in the performance of duty under this chapter, or shall wilfully violate a final order of the commission shall be punished for each offense by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both; but procedure for the review of the order shall not be deemed to be such wilful conduct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151b - Unlawful Discrimination Because of Race, Color, Religious Creed, National Origin, Ancestry or Sex › Section 10 - Partial Invalidity

Section 10. If any provision of this chapter or the application thereof to any person or circumstance, shall, for any reason, be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 151c - Fair Educational Practices › Section 1 - Definitions

Section 1. As used in this chapter—
(a) The word ''commission'' means the Massachusetts Commission Against Discrimination, established by section fifty-six of chapter six.
(b) The term ''educational institution'' means any institution for instruction or training, including but not limited to secretarial schools, business schools, academies, colleges, universities, primary and secondary schools, which accepts applications for admission from the public generally and which is not in its nature distinctly private, except that nothing herein shall be deemed to prevent a religious or denominational educational institution from selecting its students exclusively from adherents or members of such religion or denomination or from giving preference in such selection to such adherents or members.
(c) The term ''religious or denominational educational institution'' shall include any educational institution, whether operated separately, or as a department of, or school within the university, and which is operated, supervised or controlled by religious or denominational organizations, or in which the courses of instruction lead primarily to the degree of bachelor, master or doctor of theology, and which has so certified to the commission that it is so operated, supervised or controlled.
(d) The term ''vocational training institution'' shall include any educational institution the primary purpose of which is to offer technical, agricultural, business or trade courses or courses of study leading to employment in recognized trades or occupations.
(e) The term ''sexual harassment'' means any sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:— (i) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's education by creating an intimidating, hostile, humiliating or sexually offensive educational environment.