reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.28i - Modification of Shared-Work Plan.

421.28i Modification of shared-work plan.
Sec. 28i.
An employer may apply to the unemployment agency for approval to modify a shared-work plan to meet changed conditions. The unemployment agency shall reevaluate the plan and may approve the modified plan if it meets the requirements for approval under section 28e. If the modifications cause the shared-work plan to fail to meet the requirements for approval, the unemployment agency shall disapprove the proposed modifications.
History:
Add. 2012, Act 216, Eff. Jan. 1, 2013
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.28j - Termination of Shared-Work Plan; Good Cause.

421.28j Termination of shared-work plan; good cause.
Sec. 28j.
(1) The unemployment agency may terminate a shared-work plan for good cause.
(2) For purposes of subsection (1), good cause includes any of the following:
(a) The plan is not being executed according to its approved terms and conditions.
(b) The participating employer fails to comply with the assurances given in the plan.
(c) The participating employer or a participating employee violates any criteria on which approval of the plan was based.
(3) The employer may terminate a shared-work plan by written notice to the unemployment agency.
History:
Add. 2012, Act 216, Eff. Jan. 1, 2013
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.28k - Authority of Unemployment Agency to Approve, Disapprove, Modify, or Terminate Shared-Work Plan.

421.28k Authority of unemployment agency to approve, disapprove, modify, or terminate shared-work plan.
Sec. 28k.
The decision to approve or disapprove a shared-work plan, to approve or disapprove a modification of a shared-work plan, or to terminate a shared-work plan is at the unemployment agency's discretion. Those decisions are not subject to the appeal provisions of this act.
History:
Add. 2012, Act 216, Eff. Jan. 1, 2013
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.28l - Report.

421.28l Report.
Sec. 28l.
In addition to other reports required by law, the unemployment agency shall submit to the governor, the secretary of the senate, and the clerk of the house of representatives for referral to the chair and minority vice-chair of the appropriate committees an annual report regarding shared-work plans under sections 28b to 28m. The report shall include the number of approved shared-work plans, the number of participating employers, the number of participating employees, the amount of compensation and aid to participating employees, and any other information that the unemployment agency determines is relevant to assess the impact of shared-work plans on the unemployment compensation fund. The first report shall be submitted on or before the first day of March following the first complete calendar year during which sections 28b to 28m are in effect, and subsequent reports shall be submitted on or before the first day of March of each subsequent year.
History:
Add. 2012, Act 216, Eff. Jan. 1, 2013
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.28m - Effect of Approval or Disapproval by Federal Government.

421.28m Effect of approval or disapproval by federal government.
Sec. 28m.
(1) Notwithstanding any other provision of this act, if any provision of sections 28b to 28l would otherwise cause the United States department of labor to withhold the approval required to implement a shared-work program under section 3304(a)(4)(e) of the federal unemployment tax act, 26 USC 3304, and section 303(a)(5) of the social security act, 42 USC 503, that provision does not apply.
(2) When the provisions of this section or sections 28b to 28l are approved or disapproved by the United States department of labor, the unemployment agency shall transmit to the secretary of the senate and the clerk of the house of representatives notice of the approval or disapproval.
History:
Add. 2012, Act 216, Eff. Jan. 1, 2013
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.29m, 421.29n - Repealed. 1965, Act 281, Eff. Sept. 5, 1965.

421.29m, 421.29n Repealed. 1965, Act 281, Eff. Sept. 5, 1965.
Compiler's Notes:
The repealed sections provided for disqualification for benefits by reason of a jail sentence and by reason of a disciplinary layoff or suspension.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.30 - Benefits Inalienable.

421.30 Benefits inalienable.
Sec. 30.
Benefits inalienable. All rights to benefits shall be absolutely inalienable by any assignment, sale, garnishment, execution or otherwise, and, in case of bankruptcy, the benefits shall not pass to or through any trustees or other persons acting on behalf of creditors: Provided, That this section shall not prohibit the use of any remedy provided by law insofar as the collection of obligations incurred for necessaries furnished to the recipient of such benefits or his dependents during the time when such individual was unemployed is concerned.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.30
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.31 - Waiver of Rights; Limitation of Fees.

421.31 Waiver of rights; limitation of fees.
Sec. 31.
No agreement by an individual to wave, release, or commute his rights to benefits or any other rights under this act from an employer shall be valid. No agreements by an individual in the employ of any person or concern to pay all or any portion of the contributions of an employer, required under this act from such employer, shall be valid. No employer shall directly or indirectly make or require or accept any deduction from the remuneration of any individual in his employ to finance the contributions of the employer required from him, or require or accept any waiver of any right hereunder by any individual in his employ.
No individual claiming benefits shall be charged fees of any kind in any proceeding under this act by the commission or its representatives or by any court or any officer thereof. Any individual claiming benefits in any proceeding before the commission or a court may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the commission.
Any employer may be represented in any proceeding before the commission by counsel or other duly authorized agent.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.31 ;-- Am. 1968, Act 338, Imd. Eff. July 19, 1968
Compiler's Notes:
Near the beginning of this section, “wave” evidently should read “waive.”
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.32b - Internet Site; Establishment; Access; Purpose; Protest or Appeal.

421.32b Internet site; establishment; access; purpose; protest or appeal.
Sec. 32b.
(1) The unemployment agency shall establish and provide access to a secure internet site to enable employers to determine if correspondence sent to the unemployment agency by the employer has been received.
(2) Within 10 days of receiving a protest or appeal from an employer or employing unit, the unemployment agency shall post a statement confirming receipt of the protest or appeal from that employer or employing unit on the internet site required under subsection (1).
(3) A protest or appeal shall be signed or verified in a manner prescribed by administrative rule and shall be transmitted to the agency by mail, facsimile, or other electronic method approved by the agency. If a party submits an unsigned or unverified protest or appeal, the unemployment agency shall notify the party of the defect that prevents the agency from accepting the protest or appeal.
History:
Add. 2002, Act 192, Imd. Eff. Apr. 26, 2002 ;-- Am. 2011, Act 269, Imd. Eff. Dec. 19, 2011
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.32c - Reconsideration of Claims Filed After March 15, 2020; Prohibited Solely on Applicability of Executive Order.

421.32c Reconsideration of claims filed after March 15, 2020; prohibited solely on applicability of executive order.
Sec. 32c.
(1) Notwithstanding any other provision of this act, for a claim filed after March 15, 2020, but before the effective date of the amendatory act that added this section, the unemployment agency shall not reconsider the claim based solely on whether an applicable executive order issued by the governor that was in effect at the time the claim was initially examined did or did not have the force of law.
(2) A new, additional, or continued claim for unemployment benefits filed within 28 days after the last day the claimant worked is considered to have been filed on time under this act and the rules promulgated under this act. This subsection does not apply after March 31, 2021.
History:
Add. 2020, Act 229, Imd. Eff. Oct. 20, 2020 ;-- Am. 2020, Act 258, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.32d - Unemployment Agency; Hiring New Employees; Limitation.

421.32d Unemployment agency; hiring new employees; limitation.
Sec. 32d.
Notwithstanding any other provision of this act, before hiring a new employee, the unemployment agency shall coordinate with the department of labor and economic opportunity and the Michigan works agencies to determine whether an existing employee of either of those entities may instead be utilized.
History:
Add. 2020, Act 229, Imd. Eff. Oct. 20, 2020
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.35, 421.36 - Repealed. 2011, Act 269, Imd. Eff. Dec. 19, 2011.

421.35, 421.36 Repealed. 2011, Act 269, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed sections pertained to powers and duties of board of review and appeals to referees and board of review.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.37 - Fees for Subpoenaed Witnesses; Fees and Expenses of Proceedings; Issuance of Subpoena.

421.37 Fees for subpoenaed witnesses; fees and expenses of proceedings; issuance of subpoena.
Sec. 37.
(1) Witnesses subpoenaed pursuant to this act shall be allowed fees at the rate fixed by law. The fees and expenses of proceedings involving disputed determinations, decisions, or notices of assessments before an administrative law judge or the Michigan compensation appellate commission shall be considered a part of the expense of administering this act.
(2) If an interested party to a hearing formally requests an administrative law judge or the Michigan compensation appellate commission to obtain a subpoena for witnesses whose evidence it considers necessary, an administrative law judge or the Michigan compensation appellate commission shall promptly issue the subpoena as provided in this act, unless the request is determined to be unreasonable.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1941, Act 364, Imd. Eff. July 1, 1941 ;-- CL 1948, 421.37 ;-- Am. 1967, Act 254, Imd. Eff. July 19, 1967 ;-- Am. 1977, Act 52, Imd. Eff. July 5, 1977 ;-- Am. 2011, Act 269, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For the abolishment of the Michigan compensation appellate commission and establishment of the new unemployment insurance appeals commission and the transfer of certain powers and duties of the Michigan compensation appellate commission to the unemployment insurance appeals commission, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.39 - Employment Security Act; Definitions.

421.39 Employment security act; definitions.
Sec. 39.
Definitions. As used in this act, unless the context clearly requires otherwise, the terms defined in this act shall be construed to have the meaning as prescribed and set forth in the several definitions.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.39
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.40 - “Employing Unit” Defined.

421.40 “Employing unit” defined.
Sec. 40.
"Employing unit" means any individual or type of organization, including, but not limited to, a governmental entity as defined in section 50a, a partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to this amendatory act, had in its employ 1 or more individuals performing services for it within this state. All individuals performing services within this state for any employing unit which maintains 2 or more separate establishments within this state shall be considered to be employed by a single employing unit for all the purposes of this act. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be considered to be employed by that employing unit for all the purposes of this act, whether the individual was hired or paid directly by that employing unit or by the agent or employee, provided the employing unit had actual or constructive knowledge of the work.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.40 ;-- Am. 1954, Act 197, Imd. Eff. May 7, 1954 ;-- Am. 1955, Act 281, Eff. July 15, 1955 ;-- Am. 1971, Act 231, Imd. Eff. Jan. 3, 1972 ;-- Am. 1977, Act 277, Eff. Jan. 1, 1978
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.41a - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.

421.41a Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Compiler's Notes:
The repealed section provided for limitation by commission of retroactive effect of its rulings or decisions.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.42a - Coverage of Services; Determination; Penalties and Interests.

421.42a Coverage of services; determination; penalties and interests.
Sec. 42a.
If a business entity requests the unemployment agency to determine whether 1 or more individuals performing services for the entity in this state are in covered employment, the unemployment agency shall issue a determination of coverage of services performed by those individuals and any other individuals performing similar services under similar circumstances. If the unemployment agency determines that the services are in covered employment and the unemployment agency received the request on or after the effective date of the amendatory act that added this section and before January 1, 2013, wages paid for those services are qualifying wages to determine benefit entitlement with respect to the first 4 of the last 5 calendar quarters ending before the date of the determination. Benefits paid based on amounts determined as a result of this section to be wages in those calendar quarters and that are otherwise chargeable to the experience account of a contributing employer shall be charged instead to the nonchargeable benefits account. Penalties and interest accrue only on contributions or reimbursements in lieu of contributions that are assessed based on wages paid on or after the date of the determination. On and after January 1, 2013, services will be determined in employment in accordance with the provision of section 42 that applies on and after that date.
History:
Add. 2011, Act 269, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
Former MCL 421.42a, which pertained to the defined term "employmnet office", was repealed by Act 251 of 1951, Imd. Eff. June 17, 1951.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.45 - Base Periods; Definition.

421.45 Base periods; definition.
Sec. 45.
For benefit years beginning before the conversion date prescribed in section 75, "base period" means the period of 52 consecutive calendar weeks ending with the day immediately preceding the first day of an individual's benefit year. For benefit years beginning after the conversion date prescribed in section 75, base period means the first 4 of the last 5 completed calendar quarters before the first day of the individual's benefit year. However, if an individual has not been paid sufficient wages in the first 4 of the last 5 completed calendar quarters to entitle the individual to establish a benefit year, then base period means the 4 most recent completed calendar quarters before the first day of the individual's benefit year.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1939, Act 324, Imd. Eff. June 22, 1939 ;-- Am. 1947, Act 360, Imd. Eff. July 8, 1947 ;-- CL 1948, 421.45 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1994, Act 162, Imd. Eff. June 17, 1994
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.46a - Establishment of Benefit Year Where Individual Unable to Establish Benefit Year Under MCL 421.46; Conditions; Calculation of Average Weekly Wage; Charge to Employers; Extended Benefits; Claim.

421.46a Establishment of benefit year where individual unable to establish benefit year under MCL 421.46; conditions; calculation of average weekly wage; charge to employers; extended benefits; claim.
Sec. 46a.
(1) If an individual is not able to establish a benefit year under section 46 because of insufficient credit weeks, a benefit year may be established under this section if the individual has at least 14 credit weeks in his or her base period, and has base period wages in excess of 20 times the state average weekly wage, applicable to the calendar year in which the individual's benefit year is established, as computed under section 27(b)(2).
(2) With respect to a benefit year established under this section, an individual's average weekly wage shall be calculated by dividing the claimant's base period wages by 20. The resultant quotient will be the individual's average weekly wage for purposes of establishing the individual's weekly benefit rate under section 27. Notwithstanding section 27(d), for benefit years established under this section the individual will be entitled to 15 full weekly benefit payments at the established weekly benefit rate.
(3) Employers will be charged for benefits paid under this section based upon the ratio of wages earned with each employer to the total base period wages earned by the claimant. This ratio will be multiplied by the weekly benefit rate calculated for the claimant, and the resultant product will be the weekly charge to the employer's account.
(4) When payable pursuant to section 64, 7-1/2 full week payments of extended benefits will be paid at the weekly benefit rate established under this section to a claimant who exhausts his or her entitlement to the regular weekly benefits established under this section.
(5) A claim established under this section is subject to all provisions of this act which are not in conflict with this section.
History:
Add. 1982, Act 535, Eff. Jan. 2, 1983
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.47 - Calendar Quarter; Definition.

421.47 Calendar quarter; definition.
Sec. 47.
"Calendar quarter" means a period of 3 consecutive calendar months, ending with the last day of March, June, September or December.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1937, Act 347, Imd. Eff. Aug. 5, 1937 ;-- CL 1948, 421.47 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.48a - Transmission or Receipt by Mail.

421.48a Transmission or receipt by mail.
Sec. 48a.
A reference in this act to transmission or receipt by mail shall include any form of electronic transmission or receipt approved by the agency.
History:
Add. 2011, Act 269, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
Former MCL 421.48a, which pertained to defined terms “unemployed” and “weekly benefit rate”, was repealed by Act 251 of 1951, Imd. Eff. June 17, 1951.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.49 - Last Day of Protest or Appeal Period Falling on Saturday, Sunday, or Legal Holiday; Running of Statutory Periods.

421.49 Last day of protest or appeal period falling on Saturday, Sunday, or legal holiday; running of statutory periods.
Sec. 49.
(1) When the last day of the 30-day protest or appeal period, as provided for in this act, falls on a Saturday, Sunday, or legal holiday, the 30-day period shall run until the end of the next day which is not a Saturday, Sunday, nor legal holiday.
(2) The 30-day protest or appeal period after the mailing of a notice of determination or redetermination as provided in sections 14 and 32a and the 1-year period from the date of mailing of the original determination as provided in section 32a shall begin to run from either the date of mailing or from the date of personal service of the determination or redetermination.
History:
Add. 1955, Act 281, Eff. July 15, 1955 ;-- Am. 1957, Act 311, Imd. Eff. June 21, 1957 ;-- Am. 1975, Act 110, Eff. June 8, 1975 ;-- Am. 1983, Act 164, Eff. Oct. 1, 1983
Compiler's Notes:
Former MCL 421.49, defining “partial employment,” was repealed by Act 251 of 1951.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.50 - “Week" Defined.

421.50 “Week" defined.
Sec. 50.
"Week" means calendar week, ending at midnight Saturday, but all work performed and wages earned during a working shift which starts before midnight Saturday shall be included in the week in which that shift begins.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1947, Act 360, Eff. Jan. 1, 1948 ;-- CL 1948, 421.50 ;-- Am. 1949, Act 282, Imd. Eff. June 11, 1949 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1954, Act 197, Imd. Eff. May 7, 1954 ;-- Am. 1955, Act 281, Eff. July 15, 1955 ;-- Am. 1965, Act 281, Eff. Sept. 5, 1965 ;-- Am. 1967, Act 254, Imd. Eff. July 19, 1967 ;-- Am. 1970, Act 14, Imd. Eff. Apr. 14, 1970 ;-- Am. 1974, Act 104, Eff. Jan. 1, 1975 ;-- Am. 1975, Act 303, Eff. Dec. 22, 1975 ;-- Am. 1977, Act 277, Eff. Jan. 1, 1978 ;-- Am. 1980, Act 358, Eff. Mar. 1, 1981 ;-- Am. 1982, Act 535, Eff. Jan. 2, 1983 ;-- Am. 1994, Act 162, Imd. Eff. June 17, 1994 ;-- Am. 1995, Act 25, Eff. Mar. 28, 1996 ;-- Am. 2011, Act 269, Imd. Eff. Dec. 19, 2011
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.50a - “Governmental Entity” Defined.

421.50a “Governmental entity” defined.
Sec. 50a.
(1) As used in this act, "governmental entity" means this state or any of its instrumentalities, a county, city, township, village, school district, community college district, community hospital district, any agency authorized to exercise a governmental function in a limited geographical area, or other political subdivision, any instrumentality of 1 or more of these units, or any of these units and 1 or more other states or political subdivisions of those states.
(2) An entity shall be considered a governmental entity if the entity has either of the following characteristics:
(a) The entity is organized under state law with power to hire, supervise, and discharge its employees.
(b) The entity may enter into contracts and sue and be sued.
History:
Add. 1974, Act 104, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 277, Eff. Jan. 1, 1978
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.51 - “Benefits” and “Average Weekly Wage” Defined.

421.51 “Benefits” and “average weekly wage” defined.
Sec. 51.
"Benefits" means the money payments payable to an eligible and qualified individual, as provided in this act, with respect to unemployment.
For benefit years established before the conversion date prescribed in section 75, an individual's "average weekly wage", with respect to a base period employer, shall be the amount determined by dividing his or her total wages for credit weeks earned from that employer by the number of such credit weeks.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1947, Act 360, Imd. Eff. July 8, 1947 ;-- CL 1948, 421.51 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1994, Act 162, Imd. Eff. June 17, 1994
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.51a - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.

421.51a Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Compiler's Notes:
The repealed section defined terms “benefits” and “average weekly wage”.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.52 - State; Definition.

421.52 State; definition.
Sec. 52.
"State" includes, in addition to the states of the United States of America, the District of Columbia, Puerto Rico and the Virgin Islands of the United States.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.52 ;-- Am. 1965, Act 281, Eff. Sept. 5, 1965 ;-- Am. 1968, Act 338, Imd. Eff. July 19, 1968 ;-- Am. 1970, Act 14, Imd. Eff. Apr. 14, 1970
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.53 - “Hospital,”“institution of Higher Education,” and “Educational Institution Other Than Institution of Higher Education,” Defined.

421.53 “Hospital,”“institution of higher education,” and “educational institution other than institution of higher education,” defined.
Sec. 53.
(1) "Hospital" means an institution which has been licensed, certified or approved by the department of public health, bureau of medical care administration, as a hospital.
(2) "Institution of higher education", for the purposes of this act means a public or nonprofit educational institution which does any of the following:
(a) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate.
(b) Is legally authorized in this state to provide a program of education beyond high school.
(c) Provides an educational program for which it awards a bachelor's or higher degree; provides a program which is acceptable for full credit toward such a degree; provides a program of postgraduate or postdoctoral studies; or provides a program of training to prepare students for gainful employment in a recognized occupation.
(d) Notwithstanding any of the foregoing provisions of this subsection, all recognized public and nonprofit colleges and universities in this state are institutions of higher education for purposes of this subsection.
(3) "Educational institution other than an institution of higher education" for the purposes of this act means a public or nonprofit educational institution that does not meet the requirements of subsection (2) and:
(a) Offers to participants, trainees, or students an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher; or
(b) Is approved, licensed or issued a permit to operate as a school by the state board of education or other government agency that is authorized within the state to approve, license or issue a permit for the operation of a school; or
(c) Offers a course of study or training which is academic, technical, trade or preparation for gainful employment in a recognized occupation.
(d) Notwithstanding any of the foregoing provisions of this subsection, any recognized public or nonprofit educational institution, other than defined in subsection (2), is an "educational institution other than an institution of higher education" for purposes of this subsection.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1937, Act 347, Imd. Eff. Aug. 5, 1937 ;-- CL 1948, 421.53 ;-- Am. 1971, Act 231, Imd. Eff. Jan. 3, 1972 ;-- Am. 1977, Act 277, Eff. Jan. 1, 1978
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.54a - Requiring Individual to Make False Statement or Representation Regarding Benefit or Other Payment as Condition of Employment; Remedies; Applicability; Disposition of Amounts Recovered; Effective Date of Section.

421.54a Requiring individual to make false statement or representation regarding benefit or other payment as condition of employment; remedies; applicability; disposition of amounts recovered; effective date of section.
Sec. 54a.
(1) Any employing unit or an officer or agent of an employing unit, an employee of the commission, or a third party shall not require an individual, as a condition of employment, to make a false statement or representation knowing it to be false to obtain or increase a benefit or other payment under this act or to avoid or reduce a contribution or other payment required from an employing unit under this act.
(2) If the commission determines that an employing unit or an officer or agent of an employing unit, an employee of the commission, or a third party has violated this section, the commission may recover an amount equal to the amount of benefits or increase in benefits or other payment received or an amount equal to the amount of contributions or other payments from an employing unit avoided or reduced based on the violation of this section plus an amount equal to 3 times that amount but not less than $5,000.00.
(3) The commission may refer the matter to the prosecuting attorney of the county in which the alleged violation occurred for prosecution. If the commission has not made its own determination under subsection (2), the penalty sought by the prosecutor shall include the amount described in subsection (2) and both a fine of not less than $5,000.00 and 1 of the following:
(a) Imprisonment for not more than 10 years.
(b) The performance of community service of not more than 10 years but not to exceed 20,800 hours.
(c) A combination of (a) and (b) that does not exceed 10 years.
(4) This section applies to conduct that began before April 1, 1992 but that continued on or after April 1, 1992 and to conduct that began on or after April 1, 1992.
(5) The amount recovered by the commission pursuant to subsection (2) or (3) shall be credited first to the unemployment compensation fund and thereafter amounts recovered that are in excess of the amounts obtained, increased, avoided, or reduced as a result of the violation of this section shall be credited to the penalty and interest account of the contingent fund.
(6) This section shall take effect April 1, 1992.
History:
Add. 1991, Act 5, Eff. Apr. 1, 1992 ;-- Am. 1993, Act 278, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.54g - Report Regarding Claims Submitted by Impostors; Contents; Definitions.

421.54g Report regarding claims submitted by impostors; contents; definitions.
Sec. 54g.
(1) By January 31 each year, beginning in 2019, the unemployment agency shall provide a written report regarding claims submitted by impostors under this act to the chairpersons of the standing committees and the appropriations subcommittees of the house of representatives and senate having jurisdiction over legislation pertaining to employment security. The report must include all of the following information from the immediately preceding calendar year in a form that does not identify an individual, claimant, or employer:
(a) The procedures the unemployment agency has adopted to mitigate the incidence of claims submitted by impostors.
(b) The total number of reports submitted under section 54f(1) and the number of reports submitted under section 54f(1) that the unemployment agency determined met the requirements of section 54f(8).
(c) The total number of affidavits submitted under section 54f(2) and the number of affidavits submitted under section 54f(2) that the unemployment agency determined met the requirements of section 54f(8).
(d) The number of determinations made under section 54f(3) and (4) where the unemployment agency determined that an impostor committed identity theft.
(e) The number of determinations made under section 54f(3) and (4) where the unemployment agency determined that an impostor did not commit identity theft.
(f) The total amount of benefits paid to impostors and the total amount recovered from impostors.
(2) As used in this section:
(a) "Identity theft" means that term as defined in section 24 of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.24.
(b) "Impostor" means that term as defined in section 54f.
History:
Add. 2017, Act 225, Eff. Mar. 21, 2018
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.54h - Appointment of Individual to Perform Certain Activities; "Impostor" Defined.

421.54h Appointment of individual to perform certain activities; "impostor" defined.
Sec. 54h.
(1) The director shall appoint an individual to perform activities that include, but are not limited to:
(a) Making referrals for criminal, civil, and administrative action and disposition of appropriate cases involving impostors.
(b) Reviewing administrative policies, practices, and procedures.
(c) Reviewing procedures the unemployment agency has adopted to mitigate the incidence of claims submitted by impostors, and making recommendations to improve those procedures.
(d) Making recommendations to improve integrity and accountability within the unemployment agency.
(e) Working with the auditor general to ensure effective and efficient processes within the unemployment agency.
(2) As used in this section, "impostor" means that term as defined in section 54f.
History:
Add. 2017, Act 225, Eff. Mar. 21, 2018
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.55 - Catchline Headings of Section Not Part of Act.

421.55 Catchline headings of section not part of act.
Sec. 55.
Catchline headings of sections not part of act. The catchline headings of the sections of this act shall in no way be considered to be a part of the respective sections or of this act but are inserted herein for purposes of convenience.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.55
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.56 - American Vessel, American Aircraft; Definitions.

421.56 American vessel, American aircraft; definitions.
Sec. 56.
"American vessel" as used in this act means a vessel documented or numbered under the laws of the United States, or a vessel which is neither documented nor numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by 1 or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. "American aircraft" means an aircraft registered under the laws of the United States.
History:
Add. 1965, Act 281, Eff. Sept. 5, 1965
Former Law:
See section 56 of Act 1 of 1936 Ex. Sess., which was repealed by Act 267 of 1945.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.57 - Amendment or Repeal of Act.

421.57 Amendment or repeal of act.
Sec. 57.
Amendment or repeal of act. All the rights, privileges or immunities conferred under or by virtue of the provisions of this act, or acts done pursuant thereto, shall exist subject to the power of amendment or repeal of this act by the legislature.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.57
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.58 - Suspension of Provisions.

421.58 Suspension of provisions.
Sec. 58.
Suspension of certain provisions. If at any time the governor shall find that the provisions of this act requiring the payment of contributions and benefits have been held invalid under the constitution of this state by the supreme 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 act might secure a similar decision, the governor shall publicly so proclaim and upon the date of such proclamation, the provisions of this act requiring the payment of contributions and benefits shall be suspended. The commission shall thereupon requisition from the unemployment trust fund all moneys therein standing to its credit and shall direct the treasurer of the unemployment compensation fund 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 may prescribe.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1937, Act 347, Imd. Eff. Aug. 5, 1937 ;-- CL 1948, 421.58
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.59 - Repeal.

421.59 Repeal.
Sec. 59.
Repeal. All acts and parts of acts in so far as inconsistent with the provisions of this act are hereby repealed, and whenever provisions of a general act are inconsistent with this act, then the provisions of this act only shall prevail in so far as this act is concerned.
History:
1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1941, Act 364, Imd. Eff. July 1, 1941 ;-- CL 1948, 421.59
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.60 - Advance From Federal Fund; Repayment.

421.60 Advance from federal fund; repayment.
Sec. 60.
Upon request of the commission acting under the authority of section 26 (g) of this act, the governor may apply under section 1201 of the federal social security act to the secretary of labor of the United States for an advance to the unemployment compensation fund of this state; and, upon request of the commission, the governor shall request, under section 1202 (a) of the social security act, a transfer from the account of the state of Michigan in the federal unemployment trust fund to the federal unemployment account in said trust fund in repayment of part or all of any remaining balance of such advances to the unemployment compensation fund of this state.
History:
Add. 1949, Act 282, Imd. Eff. June 11, 1949 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1954, Act 197, Imd. Eff. May 7, 1954 ;-- Am. 1955, Act 281, Eff. July 15, 1955 ;-- Am. 1957, Act 311, Imd. Eff. June 21, 1957 ;-- Am. 1958, Act 230, Imd. Eff. June 13, 1958 ;-- Am. 1959, Act 270, Imd. Eff. Oct. 30, 1959 ;-- Am. 1965, Act 281, Eff. Sept. 5, 1965 ;-- Am. 1970, Act 14, Imd. Eff. Apr. 14, 1970
Former Law:
See Act 1 of 1936Ex. Sess., which was repealed by Act 360 of 1947; and Act 324 of 1939.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.60a - Protection of Deaf.

421.60a Protection of deaf.
Sec. 60a.
The commission shall exercise and perform all the powers and duties in relation to the protection of the deaf and deafened, as are presently held and exercised by the department of labor under the provisions of Act No. 72 of the Public Acts of 1937, being sections 408.201 to 408.205 of the Compiled Laws of 1948.
History:
Add. 1957, Act 311, Imd. Eff. June 21, 1957
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.61 - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.

421.61 Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Compiler's Notes:
The repealed section provided for disqualification due to other benefits.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.63 - Repealed. 1971, Act 231, Imd. Eff. Jan. 3, 1972.

421.63 Repealed. 1971, Act 231, Imd. Eff. Jan. 3, 1972.
Compiler's Notes:
The repealed section pertained to the effective date and applicability of 1970 amendments to the employment security act.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.65 - Effective Dates of Act 231 of 1971; Recomputation of Benefits.

421.65 Effective dates of Act 231 of 1971; recomputation of benefits.
Sec. 65.
(1) If this 1971 amendatory act is given immediate effect, the effective date of paragraph (1a) of subsection (b) of section 27 and paragraph (4) of subsection (g) of section 27 shall be the first day of the calendar week containing the thirtieth day after it is approved by the governor or becomes law without his approval.
(2) An individual who has a current and unexhausted benefit year on the effective date as provided in subsection (1) shall have his weekly benefit rate and the maximum amount of benefits recomputed in accordance with this amendatory act with respect to any week of unemployment beginning on or after that date on that portion of his benefit rights not exhausted prior to that date but his weekly benefit rate and maximum amount of benefits established and not exhausted prior to the aforementioned effective date shall not be subject to reduction or elimination by such recomputation.
(3) Except as provided in subsections (1) and (2), this 1971 amendatory act shall become effective January 1, 1972.
History:
Add. 1971, Act 231, Imd. Eff. Jan. 3, 1972
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.66 - Effective Dates of Act 104 of 1974; Recomputation of Benefits.

421.66 Effective dates of Act 104 of 1974; recomputation of benefits.
Sec. 66.
(1) If this 1974 amendatory act is given immediate effect, the effective date of this amendatory act shall be the first day of the calendar week containing the thirtieth day after it is approved by the governor or becomes law without his approval.
(2) An individual who has a current and unexhausted benefit year on the effective date as provided in subsection (1) shall have his weekly benefit rate and the maximum amount of benefits recomputed in accordance with this amendatory act with respect to any week of unemployment beginning on or after that date on that portion of his benefit rights not exhausted prior to that date but his weekly benefit rate and maximum amount of benefits established and not exhausted prior to the aforementioned effective date shall not be subject to reduction or elimination by the recomputation. In the recalculation of weekly benefit rates and maximum amounts of benefits, an individual who had been in family class "B" or "C" prior to the effective date of this amendatory act and has 1 dependent shall be assigned to dependency class "1", an individual who had been in family class "C" or "D" and has 2 dependents shall be assigned to dependency class "2", an individual who had been in family class "D" or "E" and has 3 dependents shall be assigned to dependency class "3", and an individual who had been in family class "E" or "F" and has 4 or more dependents shall be assigned to dependency class "4".
(3) Notwithstanding subsection (1), the amended provisions of sections 11(g), 13g, 13i, 13j, 13k, 19(a) (1), 25, 27(i), 42(8), 43, 50, and 50a shall become effective January 1, 1975.
(4) Notwithstanding subsection (1), the provisions of sections 17(c) (iii) and 27(j), in effect prior to this amendatory act, shall apply until January 1, 1975.
History:
Add. 1974, Act 104, Eff. June 9, 1974
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.67a - Repealed. 1996, Act 535, Imd. Eff. Jan. 13, 1997.

421.67a Repealed. 1996, Act 535, Imd. Eff. Jan. 13, 1997.
Compiler's Notes:
The repealed section pertained to reports to governor and legislature.
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.67b - Annual Report to Legislature; Validating Representations Made by Employer to Legislature.

421.67b Annual report to legislature; validating representations made by employer to legislature.
Sec. 67b.
(1) The commission shall annually report to the legislature on the number of claimants who qualify for benefits under section 46a; the average weekly benefit amount drawn by such claimants; and the average duration of regular and extended benefits drawn by such claimants. The first report required by this subsection shall be transmitted not later than August 31, 1984.
(2) When an employer subject to this act makes representations to the legislature as to the amount of contributions paid by the employer either currently or under proposed changes in this act, the committee to whom the representations were made may request the commission to validate the representations made by the employer. The commission shall calculate the contributions made by the employer and the contributions which would be made by the employer under any proposed changes to the act and transmit the results to the committee making the request.
History:
Add. 1982, Act 535, Eff. Jan. 2, 1983
2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.68, 421.69 - Repealed. 1982, Act 535, Eff. Jan. 2, 1983.

421.68, 421.69 Repealed. 1982, Act 535, Eff. Jan. 2, 1983.
Compiler's Notes:
The repealed sections pertained to eligibility and disqualification for benefits.