Senate Bill No. 233

Introduced By depratu, sliter, harp, bitney, lawson, mahlum, keenan, denny, mills, mcnutt, thomas

A Bill for an Act entitled: "An Act denying unemployment insurance benefits to nonprofessional school employees employed by a private contractor if the services were provided pursuant to a contract between an employer and the educational institution and the contract was for services that could have been performed by the educational institution's employees; amending section

39-51-2108, MCA; and providing an immediate effective date and an applicability date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 39-51-2108, MCA, is amended to read:

"39-51-2108.   Payment of benefits based on service in public, charitable, or educational organizations. (1) Benefits based on service in employment defined in subsections (5) and (6) of 39-51-203(5) and (6) and subsections (2) and (3) of 39-51-204(2) and (3) are payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other service subject to this chapter, except that benefits based on service in an instructional, research, or principal administrative capacity for an educational institution may not be paid to an individual for any week of unemployment which that begins during the period between two successive academic years or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract if the individual has a contract or reasonable assurance of a contract to perform services in any such SUCH capacity for any such educational institution for both such academic years or both such terms.

(2)  Benefits based on services in any other capacity for an educational institution shall must be denied to any individual for any week which that commences during a period between 2 successive academic years or terms if the individual performs such services in the first of such the academic years or terms and there is a reasonable assurance that the individual will perform such the services in the second of such the academic years or terms. If any individual is denied benefits and was not offered an opportunity to perform such the service for the educational institution for the second of such the academic years or terms, such the individual shall be is entitled to a retroactive payment of the benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of the denial provided for in pursuant to this section.

(3)  Benefits based on services described in subsections (1) and (2) of this section shall must be denied to any individual for any week which that commences during an established and customary vacation period or holiday recess if such the individual performs such the services in the period immediately before such the vacation period or holiday recess and there is reasonable assurance that such the individual will perform such the service in the period immediately following such the vacation period or holiday recess.

(4)  Benefits based on services described in subsections (1) and (2) of this section to an individual who performed such services for an educational institution while in the employ of an educational service agency shall must be denied as specified in subsections (1), (2), and through (3) of this section. The term "educational service agency" means a governmental agency or governmental entity which that is established and operated exclusively for the purpose of providing such the service to one or more educational institutions.

(5) Benefits based on services described in subsections (1) and (2) to an individual who performed the services for an educational institution while in the employ of a private contractor must be denied as specified in subsections (1) through (3) if:

(a) the services were provided pursuant to a contract between the employer and the educational institution; and

(b) the contract was for services that could have been performed by the educational institution's employees."

NEW SECTION. Section 2.  Effective date -- applicability. [This act] is effective on passage and approval and applies to claims for benefits on or after [the effective date of this act].

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