[SGMLhdnf]75[cm
HOUSE BILL No. 2353
(Amended by Chapter 158)
An Act concerning the employment security laws; relating to
domestic violence; amending
K.S.A. 2002 Supp. 44-706 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. This act shall be
known and may be cited as the
employment security insurance act for domestic violence
survivors.
New Sec. 2. As used in this act,
unless the context clearly shows
otherwise:
(a) ``Abuse'' means:
(1) Causing or attempting to cause
physical harm;
(2) placing another person in fear of
imminent physical harm;
(3) causing another person to engage
involuntarily in sexual relations
by force, threats or duress, or threatening to do so;
(4) engaging in mental abuse, which
includes threats, intimidation
and acts designed to induce terror;
(5) depriving another person of health
care, housing, food or other
necessities of life; or
(6) restraining the liberty of
another.
(b) ``Domestic violence'' means abuse
committed against an em-
ployee or an employee's spouse or dependent child by:
(1) A current or former spouse of the
employee;
(2) a person with whom the employee
shares parentage of a child in
common;
(3) a person who is cohabitating with, or
has cohabitated with, the
employee;
(4) a person who is related by blood or
marriage; or
(5) a person with whom the employee has
or had a dating or engage-
ment relationship.
New Sec. 3. The secretary of human
resources shall implement a
training curriculum for employees who will interact with claimants
under
the provisions of sections 1 through 6, and amendments thereto.
Such
curriculum shall be approved by the state domestic violence and
sexual
assault coalition designated by the center for disease control or
health
and human services.
New Sec. 4. No contributing
employer or rated governmental em-
ployer's account shall be charged with respect to the benefits paid
to a
claimant who is eligible to receive employment security benefits
due to
domestic violence as set forth in K.S.A. 44-706, and amendments
thereto.
New Sec. 5. This act shall be
deemed part of and supplemental to
the employment security law.
Sec. 6. K.S.A. 2002 Supp. 44-706 is
hereby amended to read as fol-
lows: 44-706. An individual shall be disqualified for benefits:
(a) If the individual left work
voluntarily without good cause attrib-
utable to the work or the employer, subject to the other provisions
of this
subsection (a). After a temporary job assignment, failure of an
individual
to affirmatively request an additional assignment on the next
succeeding
workday, if required by the employment agreement, after completion
of
a given work assignment, shall constitute leaving work voluntarily.
The
disqualification shall begin the day following the separation and
shall con-
tinue until after the individual has become reemployed and has had
earn-
ings from insured work of at least three times the individual's
weekly
benefit amount. An individual shall not be disqualified under this
sub-
section (a) if:
(1) The individual was forced to leave
work because of illness or injury
upon the advice of a licensed and practicing health care provider
and,
upon learning of the necessity for absence, immediately notified
the em-
ployer thereof, or the employer consented to the absence, and after
re-
covery from the illness or injury, when recovery was certified by a
prac-
ticing health care provider, the individual returned to the
employer and
offered to perform services and the individual's regular work or
compa-
rable and suitable work was not available; as used in this
paragraph (1)
``health care provider'' means any person licensed by the proper
licensing
authority of any state to engage in the practice of medicine and
surgery,
osteopathy, chiropractic, dentistry, optometry, podiatry or
psychology;
(2) the individual left temporary work to
return to the regular em-
ployer;
(3) the individual left work to enlist in
the armed forces of the United
States, but was rejected or delayed from entry;
(4) the individual left work because of
the voluntary or involuntary
transfer of the individual's spouse from one job to another job,
which is
for the same employer or for a different employer, at a geographic
loca-
tion which makes it unreasonable for the individual to continue
work at
the individual's job;
(5) the individual left work because of
hazardous working conditions;
in determining whether or not working conditions are hazardous for
an
individual, the degree of risk involved to the individual's health,
safety
and morals, the individual's physical fitness and prior training
and the
working conditions of workers engaged in the same or similar work
for
the same and other employers in the locality shall be considered;
as used
in this paragraph (5), ``hazardous working conditions'' means
working con-
ditions that could result in a danger to the physical or mental
well-being
of the individual; each determination as to whether hazardous
working
conditions exist shall include, but shall not be limited to, a
consideration
of (A) the safety measures used or the lack thereof, and (B) the
condition
of equipment or lack of proper equipment; no work shall be
considered
hazardous if the working conditions surrounding the individual's
work are
the same or substantially the same as the working conditions
generally
prevailing among individuals performing the same or similar work
for
other employers engaged in the same or similar type of
activity;
(6) the individual left work to enter
training approved under section
236(a)(1) of the federal trade act of 1974, provided the work left
is not
of a substantially equal or higher skill level than the
individual's past
adversely affected employment (as defined for purposes of the
federal
trade act of 1974), and wages for such work are not less than 80%
of the
individual's average weekly wage as determined for the purposes of
the
federal trade act of 1974;
(7) the individual left work because of
unwelcome harassment of the
individual by the employer or another employee of which the
employing
unit had knowledge;
(8) the individual left work to accept
better work; each determination
as to whether or not the work accepted is better work shall
include, but
shall not be limited to, consideration of (A) the rate of pay, the
hours of
work and the probable permanency of the work left as compared to
the
work accepted, (B) the cost to the individual of getting to the
work left
in comparison to the cost of getting to the work accepted, and (C)
the
distance from the individual's place of residence to the work
accepted in
comparison to the distance from the individual's residence to the
work
left;
(9) the individual left work as a result
of being instructed or requested
by the employer, a supervisor or a fellow employee to perform a
service
or commit an act in the scope of official job duties which is in
violation
of an ordinance or statute;
(10) the individual left work because of
a violation of the work agree-
ment by the employing unit and, before the individual left, the
individual
had exhausted all remedies provided in such agreement for the
settlement
of disputes before terminating; or
(11) after making reasonable efforts to
preserve the work, the indi-
vidual left work due to a personal emergency of such nature and
com-
pelling urgency that it would be contrary to good conscience to
impose a
disqualification; or
(12) the individual left work due to
circumstances resulting from do-
mestic violence, including:
(A) The individual's reasonable fear
of future domestic violence at or
en route to or from the individual's place of employment;
or
(B) the individual's need to relocate
to another geographic area in
order to avoid future domestic violence; or
(C) the individual's need to address
the physical, psychological and
legal impacts of domestic violence; or
(D) the individual's need to leave
employment as a condition of re-
ceiving services or shelter from an agency which provides
support services
or shelter to victims of domestic violence; or
(E) the individual's reasonable belief
that termination of employment
is necessary to avoid other situations which may cause domestic
violence
and to provide for the future safety of the individual or the
individual's
family.
(b) An individual may prove the
existence of domestic violence by
providing one of the following:
(1) A restraining order or other
documentation of equitable relief by
a court of competent jurisdiction; or
(2) a police record documenting the
abuse; or
(3) documentation that the abuser has
been convicted of one or more
of the offenses enumerated in articles 34 and 35 of chapter 21
of the
Kansas Statutes Annotated, and amendments thereto, where the
victim
was a family or household member; or
(4) medical documentation of the
abuse; or
(5) a statement provided by a
counselor, social worker, health care
provider, clergy, shelter worker, legal advocate, domestic
violence or sex-
ual assault advocate or other professional who has assisted the
individual
in dealing with the effects of abuse on the individual or the
individual's
family; or
(6) a sworn statement from the
individual attesting to the abuse.
(c) No evidence of domestic violence
experienced by an individual,
including the individual's statement and corroborating evidence,
shall be
disclosed by the department of human resources unless consent
for dis-
closure is given by the individual.
(b) (d) If the
individual has been discharged for misconduct con-
nected with the individual's work. The disqualification shall begin
the day
following the separation and shall continue until after the
individual be-
comes reemployed and has had earnings from insured work of at
least
three times the individual's determined weekly benefit amount,
except
that if an individual is discharged for gross misconduct connected
with
the individual's work, such individual shall be disqualified for
benefits
until such individual again becomes employed and has had earnings
from
insured work of at least eight times such individual's determined
weekly
benefit amount. In addition, all wage credits attributable to the
employ-
ment from which the individual was discharged for gross misconduct
con-
nected with the individual's work shall be canceled. No such
cancellation
of wage credits shall affect prior payments made as a result of a
prior
separation.
(1) For the purposes of this subsection
(b) (d), ``misconduct'' is de-
fined as a violation of a duty or obligation reasonably owed the
employer
as a condition of employment. The term ``gross misconduct'' as used
in
this subsection (b) (d) shall be construed
to mean conduct evincing ex-
treme, willful or wanton misconduct as defined by this subsection
(b) (d).
(2) For the purposes of this subsection
(b) (d), the use of or impair-
ment caused by an alcoholic beverage, a cereal malt beverage or a
non-
prescribed controlled substance by an individual while working
shall be
conclusive evidence of misconduct and the possession of an
alcoholic
beverage, a cereal malt beverage or a nonprescribed controlled
substance
by an individual while working shall be prima facie evidence of
conduct
which is a violation of a duty or obligation reasonably owed to the
em-
ployer as a condition of employment. For purposes of this
subsection (b)
(d), the disqualification of an individual from employment
which dis-
qualification is required by the provisions of the drug free
workplace act,
41 U.S.C. 701 et seq. or is otherwise required by law because the
indi-
vidual refused to submit to or failed a chemical test which was
required
by law, shall be conclusive evidence of misconduct. Refusal to
submit to
a chemical test administered pursuant to an employee assistance
program
or other drug or alcohol treatment program in which the individual
was
participating voluntarily or as a condition of further employment
shall
also be conclusive evidence of misconduct. Alcoholic liquor shall
be de-
fined as provided in K.S.A. 41-102 and amendments thereto. Cereal
malt
beverage shall be defined as provided in K.S.A. 41-2701 and
amendments
thereto. Controlled substance shall be defined as provided in
K.S.A. 65-
4101 and amendments thereto of the uniform controlled substances
act.
As used in this subsection (b) (d)(2),
``required by law'' means required
by a federal or state law, a federal or state rule or regulation
having the
force and effect of law, a county resolution or municipal
ordinance, or a
policy relating to public safety adopted in open meeting by the
governing
body of any special district or other local governmental entity. An
indi-
vidual's refusal to submit to a chemical test shall not be
admissible evi-
dence to prove misconduct unless the test is required by and meets
the
standards of the drug free workplace act, 41 U.S.C. 701 et seq.,
the test
was administered as part of an employee assistance program or other
drug
or alcohol treatment program in which the employee was
participating
voluntarily or as a condition of further employment, the test was
otherwise
required by law and the test constituted a required condition of
employ-
ment for the individual's job, or, there was probable cause to
believe that
the individual used, possessed or was impaired by an alcoholic
beverage,
a cereal malt beverage or a controlled substance while working. The
re-
sults of a chemical test shall not be admissible evidence to prove
miscon-
duct unless the following conditions were met:
(A) Either (i) the test was required by
law, the test was administered
pursuant to the drug free workplace act, 41 U.S.C. 701 et seq.,
(ii) the
test was administered as part of an employee assistance program or
other
drug or alcohol treatment program in which the employee was
partici-
pating voluntarily or as a condition of further employment, (iii)
the test
was required by law and the test constituted a required condition
of em-
ployment for the individual's job, or (iv) there was probable cause
to
believe that the individual used, had possession of, or was
impaired by
the alcoholic beverage, the cereal malt beverage or the controlled
sub-
stance while working;
(B) the test sample was collected either
(i) as prescribed by the drug
free workplace act, 41 U.S.C. 701 et seq., (ii) as prescribed by an
em-
ployee assistance program or other drug or alcohol treatment
program in
which the employee was participating voluntarily or as a condition
of
further employment, (iii) as prescribed by a test which was
required by
law and which constituted a required condition of employment for
the
individual's job, or (iv) at a time contemporaneous with the events
estab-
lishing probable cause;
(C) the collecting and labeling of the
test sample was performed by
a licensed health care professional or any other individual
authorized to
collect or label test samples by federal or state law, or a federal
or state
rule or regulation having the force and effect of law, including
law en-
forcement personnel;
(D) the test was performed by a
laboratory approved by the United
States department of health and human services or licensed by the
de-
partment of health and environment, except that a blood sample may
be
tested for alcohol content by a laboratory commonly used for that
purpose
by state law enforcement agencies;
(E) the test was confirmed by gas
chromatography, gas chromatog-
raphy-mass spectroscopy or other comparably reliable analytical
method,
except that no such confirmation is required for a blood alcohol
sample;
and
(F) the foundation evidence must
establish, beyond a reasonable
doubt, that the test results were from the sample taken from the
individ-
ual.
(3) For the purposes of this subsection
(b) (d), misconduct shall in-
clude, but not be limited to repeated absence, including lateness,
from
scheduled work if the facts show:
(A) The individual was absent without
good cause;
(B) the absence was in violation of the
employer's written absentee-
ism policy;
(C) the employer gave or sent written
notice to the individual, at the
individual's last known address, that future absence may or will
result in
discharge;
(D) the employee had knowledge of the
employer's written absen-
teeism policy; and
(E) if an employee disputes being absent
without good cause, the
employee shall present evidence that a majority of the employee's
ab-
sences were for good cause.
(4) An individual shall not be
disqualified under this subsection (b)
(d) if the individual is discharged under the following
circumstances:
(A) The employer discharged the
individual after learning the indi-
vidual was seeking other work or when the individual gave notice of
future
intent to quit;
(B) the individual was making a
good-faith effort to do the assigned
work but was discharged due to: (i) Inefficiency, (ii)
unsatisfactory per-
formance due to inability, incapacity or lack of training or
experience, (iii)
isolated instances of ordinary negligence or inadvertence, (iv)
good-faith
errors in judgment or discretion, or (v) unsatisfactory work or
conduct
due to circumstances beyond the individual's control; or
(C) the individual's refusal to perform
work in excess of the contract
of hire.
(c) If the individual has failed, without
good cause, to either apply
for suitable work when so directed by the employment office of the
sec-
retary of human resources, or to accept suitable work when offered
to
the individual by the employment office, the secretary of human
re-
sources, or an employer, such disqualification shall begin with the
week
in which such failure occurred and shall continue until the
individual
becomes reemployed and has had earnings from insured work of at
least
three times such individual's determined weekly benefit amount. In
de-
termining whether or not any work is suitable for an individual,
the sec-
retary of human resources, or a person or persons designated by
the
secretary, shall consider the degree of risk involved to health,
safety and
morals, physical fitness and prior training, experience and prior
earnings,
length of unemployment and prospects for securing local work in
the
individual's customary occupation or work for which the individual
is rea-
sonably fitted by training or experience, and the distance of the
available
work from the individual's residence. Notwithstanding any other
provi-
sions of this act, an otherwise eligible individual shall not be
disqualified
for refusing an offer of suitable employment, or failing to apply
for suit-
able employment when notified by an employment office, or for
leaving
the individual's most recent work accepted during approved
training, in-
cluding training approved under section 236(a)(1) of the trade act
of 1974,
if the acceptance of or applying for suitable employment or
continuing
such work would require the individual to terminate approved
training
and no work shall be deemed suitable and benefits shall not be
denied
under this act to any otherwise eligible individual for refusing to
accept
new work under any of the following conditions: (1) If the position
offered
is vacant due directly to a strike, lockout or other labor dispute;
(2) if the
remuneration, hours or other conditions of the work offered are
substan-
tially less favorable to the individual than those prevailing for
similar work
in the locality; (3) if as a condition of being employed, the
individual would
be required to join or to resign from or refrain from joining any
labor
organization; (4) if the individual left employment as a result
of domestic
violence, and the position offered does not reasonably
accommodate the
individual's physical, psychological, safety, and/or legal needs
relating to
said domestic violence.
(d) For any week with respect to which
the secretary of human re-
sources, or a person or persons designated by the secretary, finds
that the
individual's unemployment is due to a stoppage of work which exists
be-
cause of a labor dispute or there would have been a work stoppage
had
normal operations not been maintained with other personnel
previously
and currently employed by the same employer at the factory,
establish-
ment or other premises at which the individual is or was last
employed,
except that this subsection (d) shall not apply if it is shown to
the satis-
faction of the secretary of human resources, or a person or persons
des-
ignated by the secretary, that: (1) The individual is not
participating in or
financing or directly interested in the labor dispute which caused
the
stoppage of work; and (2) the individual does not belong to a grade
or
class of workers of which, immediately before the commencement of
the
stoppage, there were members employed at the premises at which
the
stoppage occurs any of whom are participating in or financing or
directly
interested in the dispute. If in any case separate branches of work
which
are commonly conducted as separate businesses in separate premises
are
conducted in separate departments of the same premises, each such
de-
partment shall, for the purpose of this subsection (d), be deemed
to be
a separate factory, establishment or other premises. For the
purposes of
this subsection (d), failure or refusal to cross a picket line or
refusal for
any reason during the continuance of such labor dispute to accept
the
individual's available and customary work at the factory,
establishment or
other premises where the individual is or was last employed shall
be
considered as participation and interest in the labor dispute.
(e) For any week with respect to which or
a part of which the indi-
vidual has received or is seeking unemployment benefits under the
un-
employment compensation law of any other state or of the United
States,
except that if the appropriate agency of such other state or the
United
States finally determines that the individual is not entitled to
such un-
employment benefits, this disqualification shall not apply.
(f) For any week with respect to which
the individual is entitled to
receive any unemployment allowance or compensation granted by
the
United States under an act of congress to ex-service men and women
in
recognition of former service with the military or naval services
of the
United States.
(g) For the period of one year beginning
with the first day following
the last week of unemployment for which the individual received
benefits,
or for one year from the date the act was committed, whichever is
the
later, if the individual, or another in such individual's behalf
with the
knowledge of the individual, has knowingly made a false statement
or
representation, or has knowingly failed to disclose a material fact
to obtain
or increase benefits under this act or any other unemployment
compen-
sation law administered by the secretary of human resources.
(h) For any week with respect to which
the individual is receiving
compensation for temporary total disability or permanent total
disability
under the workmen's compensation law of any state or under a
similar
law of the United States.
(i) For any week of unemployment on the
basis of service in an in-
structional, research or principal administrative capacity for an
educa-
tional institution as defined in subsection (v) of K.S.A. 44-703
and amend-
ments thereto, if such week begins during the period between
two
successive academic years or terms or, when an agreement provides
in-
stead for a similar period between two regular but not successive
terms
during such period or during a period of paid sabbatical leave
provided
for in the individual's contract, if the individual performs such
services in
the first of such academic years or terms and there is a contract
or a
reasonable assurance that such individual will perform services in
any
such capacity for any educational institution in the second of such
aca-
demic years or terms.
(j) For any week of unemployment on the
basis of service in any
capacity other than service in an instructional, research, or
administrative
capacity in an educational institution, as defined in subsection
(v) of
K.S.A. 44-703 and amendments thereto, if such week begins during
the
period between two successive academic years or terms if the
individual
performs such services in the first of such academic years or terms
and
there is a reasonable assurance that the individual will perform
such serv-
ices in the second of such academic years or terms, except that if
benefits
are denied to the individual under this subsection (j) and the
individual
was not offered an opportunity to perform such services for the
educa-
tional institution for the second of such academic years or terms,
such
individual shall be entitled to a retroactive payment of benefits
for each
week for which the individual filed a timely claim for benefits and
for
which benefits were denied solely by reason of this subsection
(j).
(k) For any week of unemployment on the
basis of service in any
capacity for an educational institution as defined in subsection
(v) of
K.S.A. 44-703 and amendments thereto, if such week begins during
an
established and customary vacation period or holiday recess, if the
indi-
vidual performs services in the period immediately before such
vacation
period or holiday recess and there is a reasonable assurance that
such
individual will perform such services in the period immediately
following
such vacation period or holiday recess.
(l) For any week of unemployment on the
basis of any services, sub-
stantially all of which consist of participating in sports or
athletic events
or training or preparing to so participate, if such week begins
during the
period between two successive sport seasons or similar period if
such
individual performed services in the first of such seasons or
similar per-
iods and there is a reasonable assurance that such individual will
perform
such services in the later of such seasons or similar periods.
(m) For any week on the basis of services
performed by an alien
unless such alien is an individual who was lawfully admitted for
perma-
nent residence at the time such services were performed, was
lawfully
present for purposes of performing such services, or was
permanently
residing in the United States under color of law at the time such
services
were performed, including an alien who was lawfully present in
the
United States as a result of the application of the provisions of
section
212(d)(5) of the federal immigration and nationality act. Any data
or in-
formation required of individuals applying for benefits to
determine
whether benefits are not payable to them because of their alien
status
shall be uniformly required from all applicants for benefits. In
the case
of an individual whose application for benefits would otherwise be
ap-
proved, no determination that benefits to such individual are not
payable
because of such individual's alien status shall be made except upon
a
preponderance of the evidence.
(n) For any week in which an individual
is receiving a governmental
or other pension, retirement or retired pay, annuity or other
similar pe-
riodic payment under a plan maintained by a base period employer
and
to which the entire contributions were provided by such employer,
except
that: (1) If the entire contributions to such plan were provided by
the
base period employer but such individual's weekly benefit amount
ex-
ceeds such governmental or other pension, retirement or retired
pay,
annuity or other similar periodic payment attributable to such
week, the
weekly benefit amount payable to the individual shall be reduced
(but
not below zero) by an amount equal to the amount of such
pension,
retirement or retired pay, annuity or other similar periodic
payment
which is attributable to such week; or (2) if only a portion of
contributions
to such plan were provided by the base period employer, the
weekly
benefit amount payable to such individual for such week shall be
reduced
(but not below zero) by the prorated weekly amount of the pension,
re-
tirement or retired pay, annuity or other similar periodic payment
after
deduction of that portion of the pension, retirement or retired
pay, an-
nuity or other similar periodic payment that is directly
attributable to the
percentage of the contributions made to the plan by such
individual; or
(3) if the entire contributions to the plan were provided by such
individ-
ual, or by the individual and an employer (or any person or
organization)
who is not a base period employer, no reduction in the weekly
benefit
amount payable to the individual for such week shall be made under
this
subsection (n); or (4) whatever portion of contributions to such
plan were
provided by the base period employer, if the services performed for
the
employer by such individual during the base period, or
remuneration
received for the services, did not affect the individual's
eligibility for, or
increased the amount of, such pension, retirement or retired pay,
annuity
or other similar periodic payment, no reduction in the weekly
benefit
amount payable to the individual for such week shall be made under
this
subsection (n). The conditions specified in clause (4) of this
subsection
(n) shall not apply to payments made under the social security act
or the
railroad retirement act of 1974, or the corresponding provisions of
prior
law. Payments made under these acts shall be treated as otherwise
pro-
vided in this subsection (n). If the reduced weekly benefit amount
is not
a multiple of $1, it shall be reduced to the next lower multiple of
$1.
(o) For any week of unemployment on the
basis of services per-
formed in any capacity and under any of the circumstances described
in
subsection (i), (j) or (k) which an individual performed in an
educational
institution while in the employ of an educational service agency.
For the
purposes of this subsection (o), the term ``educational service
agency''
means a governmental agency or entity which is established and
operated
exclusively for the purpose of providing such services to one or
more
educational institutions.
(p) For any week of unemployment on the
basis of service as a school
bus or other motor vehicle driver employed by a private contractor
to
transport pupils, students and school personnel to or from
school-related
functions or activities for an educational institution, as defined
in subsec-
tion (v) of K.S.A. 44-703 and amendments thereto, if such week
begins
during the period between two successive academic years or during
a
similar period between two regular terms, whether or not
successive, if
the individual has a contract or contracts, or a reasonable
assurance
thereof, to perform services in any such capacity with a private
contractor
for any educational institution for both such academic years or
both such
terms. An individual shall not be disqualified for benefits as
provided in
this subsection (p) for any week of unemployment on the basis of
service
as a bus or other motor vehicle driver employed by a private
contractor
to transport persons to or from nonschool-related functions or
activities.
(q) For any week of unemployment on the
basis of services per-
formed by the individual in any capacity and under any of the
circum-
stances described in subsection (i), (j), (k) or (o) which are
provided to
or on behalf of an educational institution, as defined in
subsection (v) of
K.S.A. 44-703 and amendments thereto, while the individual is in
the
employ of an employer which is a governmental entity, Indian tribe
or
any employer described in section 501(c)(3) of the federal internal
rev-
enue code of 1986 which is exempt from income under section 501(a)
of
the code.
(r) For any week in which an individual
is registered at and attending
an established school, training facility or other educational
institution, or
is on vacation during or between two successive academic years or
terms.
An individual shall not be disqualified for benefits as provided in
this
subsection (r) provided:
(1) The individual was engaged in
full-time employment concurrent
with the individual's school attendance; or
(2) the individual is attending approved
training as defined in sub-
section (s) of K.S.A. 44-703 and amendments thereto; or
(3) the individual is attending evening,
weekend or limited day time
classes, which would not affect availability for work, and is
otherwise
eligible under subsection (c) of K.S.A. 44-705 and amendments
thereto.
(s) For any week with respect to which an
individual is receiving or
has received remuneration in the form of a back pay award or
settlement.
The remuneration shall be allocated to the week or weeks in the
manner
as specified in the award or agreement, or in the absence of such
speci-
ficity in the award or agreement, such remuneration shall be
allocated to
the week or weeks in which such remuneration, in the judgment of
the
secretary, would have been paid.
(1) For any such weeks that an individual
receives remuneration in
the form of a back pay award or settlement, an overpayment will
be
established in the amount of unemployment benefits paid and shall
be
collected from the claimant.
(2) If an employer chooses to withhold
from a back pay award or
settlement, amounts paid to a claimant while they claimed
unemployment
benefits, such employer shall pay the department the amount
withheld.
With respect to such amount, the secretary shall have available all
of the
collection remedies authorized or provided in K.S.A. 44-717, and
amend-
ments thereto.
Sec. 7. K.S.A. 2002 Supp. 44-706 is hereby
repealed.
Sec. 8. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 14, 2003.
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