[S. 3493, 85th Cong., 2d sess.]

A BILL To amend the District of Columbia Unemployment Compensation Act of 1935, as

amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 7 (b) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946), as amended (title 46, ch. 3, D. C. Code, 1951 edition; 68 Stat. 993), is amended to read as follows:

“(b) The weekly benefit amount of any individual qualified therefore under section 7 (c) shall be an amount equal to the lesser of the following: (1) One twenty-third of the amount of his earnings for the quarter in his base period in which has earnings were the highest, or (2) 67 per centum of the average weekly earnings of all individuals performing service which constitutes employment (as defined in section 1 (b)) and of all individuals performing service which, if such service were not performed in the employ of the United States or of any wholly owned instrumentality thereof, would constitute employment (as defined in section 1 (b)) for the latest year for which such average weekly earnings have been computed. Such average weekly earnings shall be computed annually on the basis of reports of earnings and employment by all employers and by the United States, and shall be arrived at by dividing the total earnings paid to all individuals referred to in clause (2) of this subsection during the last completed calendar year for which reports have been received by a quantity equal to four and one-third times the total monthly employment of such individuals for such period. For the purposes of this subsection the term 'earnings' shall have the same meaning as that assigned to such term in section 1 (d). All departments, agencies, and wholly owned instrumentalities of the United States shall submit reports to the Board containing such information as may be necessary to make the determination required by this subsection." (b) Section 7 (c) of such Act is amended to read as follows: "(c) To qualify for benefits an individual must have (1) been paid wages for employment of not less than $130 in one quarter in his base period, (2) been paid wages for employment in not less than two quarters in such period, and (3) earned during such period wages the total amount of which is equal to at least one and one-half times the amount of his wages for the quarter in such period in which his wages were the highest. Notwithstanding the provisions of clause (3), any otherwise qualified individual the total amount of whose wages during such period is less than the amount required to have been earned during such period under such clause may qualify for benefits if the difference between the amount so required to have been earned and the total amount of his wages during such period does not exceed $70, but the amount of his weekly benefit, as computed under section 7 (b), shall be reduced by $1 if such difference does not exceed $35 or by $2 if such difference is more than $35."

(c) Section 7 (d) of such Act is amended to read as follows:

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"(d) Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to thirty-nine times his weekly benefit amount: Provided, That such total amount of benefits, if not a multiple of one dollar, shall be computed to the next higher multiple of one dollar."

(d) Subsections (a), (b), and (c) of section 10 of such Act are amended to read as follows:

"(a) An individual who has left his most recent work voluntarily without good cause, as determined by the Board under regulations prescribed by it, shall not be eligible for benefits with respect to the week in which such leaving occurred and with respect to the six consecutive weeks of unemployment which immediately follow such week.

"(b) An individual who has been discharged for misconduct occurring in the course of his most recent work proved to the satisfaction of the Board shall not be eligible for benefits with respect to the week in which such discharge occurred and for the six weeks of consecutive unemployment immediately following such week.

"(c) If an individual otherwise eligible for benefits fails, without good cause as determined by the Board under regulations prescribed by it, either to apply for new work found by the Board to be suitable when notified by any employment office, or to accept any suitable work when offered to him by any employment office, his union hiring hall, or any employer direct, he shall not be eligible for benefits with respect to the week in which such failure occurred and with respect to the six consecutive weeks of unemployment which immediately follow such week. In determining whether or not work is suitable within the meaning of this subsection the Board shall consider (1) the physical fitness and prior training, experience, and earnings of the individual, (2) the distance of the place of work from the individual's place of residence, and (3) the risk involved as to health, safety, or morals."

SEC. 2. The amendments made by the first section of this Act shall be effective on and after July 1, 1958, and the benefit rights of any individual having a benefit year current on or after the effective date shall be redetermined and benefits for calendar weeks ending subsequent to the effective date shall be paid in accordance with the provisions of the District of Columbia Unemployment Compensation Act as amended by this Act: Provided, That no claimant shall have his benefits reduced or denied by redetermination resulting from the application of this provision. All initial and continued claims for benefits for weeks occurring within a benefit year which commences on or after the effective date shall be computed and paid in accordance with the provisions of the District of Columbia Unemployment Compensation Act as amended by this Act.

[S. 3647, 85th Cong., 2d sess.]

A BILL To amend the District of Columbia Unemployment Compensation Act, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 (c) (8) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946), as amended (title 46, ch. 3, D. C. Code, 1951 edition; 68 Stat. 988), is amended by adding the following:

"iv. Any employer, at any time, may voluntarily pay into the unemployment compensation fund an amount in excess of the contributions required to be paid under the provisions of this Act, and such amount shall be forthwith credited to his reserve account. His rate of contribution shall be computed, or recomputed, as the case may be, with such amount included in the calculation. To affect such employer's rate of contribution for any year, such amount shall be paid not later than thirty days following the mailing of notice of his rate of contribution for such year: Provided, That such amount, when paid as aforesaid shall not be refunded or used as a credit in the payment of contributions in whole or in part."

SEC. 2. Section 7 of said Act, approved August 28, 1935, is amended—

(a) by striking table A in subsection (b) of said section and inserting in lieu thereof the following:

(b) by striking so much of the proviso in subsection (d) of said section 7 as reads "not less than the amount appearing on one of the lines in column (C) above" and inserting in lieu thereof "not less than the amount appearing in column (C) of such table on a line which is not more than two lines above the line on which such weekly benefit amount appears in column (B)"; (c) by amending subsection (d) of said section 7 to read as follows: "(d) any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to twenty-six times his weekly benefit amount."; and

(d) by striking the figure "$30" at the end of the first sentence of subsection (f) of section 7 and inserting the figure "$40” in lieu thereof.

SEC. 3. This Act shall take effect on the first day of the next succeeding calendar quarter following its enactment.

[H. R. 10625, 85th Cong., 2d sess.]

A BILL To amend the District of Columbia Unemployment Compensation Act, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946), as amended (title 46, ch. 3, D. C. Code, 1951 edition; 68 Stat. 988), is further amended as follows: Section 3 (a) (c) (1) is amended to read as follows:

"The Board shall maintain a separate account for each employer, and shall credit his account with all of the contributions paid by him after June 30, 1939,

with respect to employment subsequent to May 31, 1939. Each year the Board shall credit to each of such accounts having a positive reserve on the computation date, the interest earned from the Federal Government in the following manner. Each year the ratio of the credit balance in each individual account to the total of all the credit balances in all employer accounts shall be computed as of such computation date, and an amount equal to the interest credited to the District's account in the Unemployment Trust Fund in the Treasury of the United States for the four most recently completed calendar quarters shall be credited prior to the next computation date on a pro rata basis to all employers' accounts having a credit balance on the computation date. Such amount shall be prorated to the individual accounts in the same ratio that the credit balance in each individual account bears to the total of the credit balances in all such accounts. In computing the amount to be credited to the account of an employer as a result of interest earned by funds on deposit in the Unemployment Trust Fund in the Treasury of the United States to the account of the District, any voluntary contribution made by an employer after June 30 of any year shall not be considered a part of the account balance of the employer until the next computation date occurring after such voluntary contribution was made. No provision in this section shall in any way be subject to or affected by any provisions of the Executive Budget Act, as amended. Nothing in this Act shall be construed to grant any employer or individual in his service prior claims or rights to the amounts paid by him into the fund either on his own behalf or on behalf of such individuals."

SEC. 2. Section 3 (c) (8) i is amended to read as follows:

"If as of the computation date the total of all contributions credited to any employer's account, with respect to employment since May 31, 1939, is in excess of the total benefits paid after June 30, 1939, then chargeable or charged to his account, such excess shall be known as the employer's reserve, and his contribution rate for the ensuing calendar year or part thereof shall be—

"(A) 2.7 per centum if such reserve is less than 0.6 per centum of his average annual payroll;

"(B) 2 per centum if such reserve equals or exceeds 0.6 per centum but is less than 1.1 per centum of his average annual payroll;

"(C) 1.5 per centum if such reserve equals or exceeds 1.1 per centum but is less than 1.6 per centum of his average annual payroll;

"(D) 1 per centum if such reserve equals or exceeds 1.6 per centum but is less than 2.1 per centum of his average annual payroll;

"(E) 0.5 per centum if such reserve equals or exceeds 2.1 per centum but is less than 2.9 per centum of his average annual payroll;

"(F) 0.1 per centum if such reserve equals or exceeds 2.9 per centum of his average annual payroll."

SEC. 3. Section 3 (c) (8) is amended by adding the following:

"iv. Any employer, at any time, may voluntarily pay into the unemployment compensation fund an amount in excess of the contributions required to be paid under the provisions of this Act, and such amount shall be forthwith credited to his reserve account. His rate of contribution shall be computed, or recomputed, as the case may be, with such amount included in the calculation. To affect such employer's rate of contribution for any year, such amount shall be paid not later than thirty days following the mailing of notice of his rate of contribution for each year: Provided, That such amount, when paid as aforesaid shall not be refunded or used as a credit in the payment of contributions in whole or in part."

SEC. 4. Table A in section 7 (b) is amended to read as follows:

Senator HOBLITZELL (presiding). I have been informed that Senator Morse has been delayed so we will proceed to open the hearing regarding the three bills S. 2419, S. 1214, and S. 3483, copies of which are ordered placed in the hearing record.

We will take up S. 2419 first. Mr. Commissioner would you wish to start.

S. 2419

Mr. MCLAUGHLIN. Mr. Chairman, I should like to introduce Mr. Louis Mackall, Jr., attorney for the District Unemployment Compensation Board, who will open our presentation.

STATEMENT OF LOUIS MACKALL, JR., ATTORNEY FOR THE DISTRICT UNEMPLOYMENT COMPENSATION BOARD

Mr. MACKALL. Mr. Chairman, S. 2419 would make one change in the coverage of the present District of Columbia Unemployment Compensation Act. The law now provides that individuals who are employed by Senators, Representatives, or Resident Commissioners are exempt only if the duties are in connection with legislative matters.

This bill would add an exemption not only for legislative matters, but also for political matters. The provision in the bill is retroactive to the start of the unemployment compensation program but does not contain a refund provision. The remaining matters are minor changes which would help administration.