CHAPTER 40
H.P. 141 - L.D. 190
An Act Relating to the Treatment of Employers and Military Personnel in Connection with "Call to Duty" Activity
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1221, sub-§3, ¶A, as amended by PL 1983, c. 650, §2, is further amended to read:
A. At the time the status of an employing unit is ascertained to be that of an employer, the commissioner shall establish and thereafter maintain, until such the employer status is terminated, for each such the employer an "experience rating record," to which shall be are credited all the contributions which that the employer thereafter pays on his the employer's own behalf. Nothing in this This chapter shall may not be construed to grant any employer or individuals in his the employer's service prior claims or rights to the amounts paid by him the employer into the fund. Benefits paid to an eligible individual under the Maine Employment Security Law shall must be charged against the "experience rating record" of the claimant's most recent subject employer or to the General Fund if the otherwise chargeable "experience rating record" is that of an employer whose status as such has been terminated; except that no charge shall may be made to an individual employer but shall must be made to the General Fund if the commission finds that:
(1) Claimant's The claimant's separation from his the claimant's last employer was for misconduct in connection with his the claimant's employment, or was voluntary without good cause attributable to such the employer;
(2) Claimant The claimant has refused to accept reemployment in suitable work when offered by a previous employer, without good cause attributable to such the employer;
(3) Benefits paid are not chargeable against any employer's experience rating record in accordance with section 1194, subsection 11, paragraphs B and C;
(5) Reimbursements are made to a state, the Virgin Islands or Canada for benefits paid to a claimant under a reciprocal benefits arrangement as authorized in section 1082, subsection 12; , provided that as long as the wages of the claimant transferred to such the other state, the Virgin Islands or Canada under such an arrangement are less than the amount of wages for insured work required for benefit purposes by section 1192, subsection 5; or
(6) Claimant The claimant was hired by his the claimant's last employer to fill a position left open by a Legislator given a leave of absence under chapter 7, subchapter V-A 5-A, and the claimant's separation from this employer was because the employer restored the Legislator to the position after his the Legislator's leave of absence as required by chapter 7, subchapter V-A. 5-A; or
(7) The claimant was hired by the claimant's last employer to fill a position left open by an individual who left to enter active duty in the United States military, and the claimant's separation from this employer was because the employer restored the military serviceperson to the person's former employment upon separation from military service.
Effective June 29, 2005.
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