2006 Michigan Compiled Laws - Act 1 of 1936 (Ex. Sess.)


MICHIGAN EMPLOYMENT SECURITY ACT

Act 1 of 1936 (Ex. Sess.)

AN ACT to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act.


History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;--Am. 1937, Act 347, Imd. Eff. Aug. 5, 1937 ;--Am. 1939, Act 324, Imd. Eff. June 22, 1939 ;--Am. 1941, Act 364, Imd. Eff. July 1, 1941 ;--Am. 1954, Act 197, Imd. Eff. May 7, 1954 ;--Am. 1977, Act 52, Imd. Eff. July 5, 1977 ;--Am. 1985, Act 197, Imd. Eff. Dec. 26, 1985 ;--Am. 1989, Act 232, Imd. Eff. Dec. 21, 1989 ;--Am. 1991, Act 10, Eff. Apr. 1, 1992
Compiler's Notes: For transfer of powers, duties, and functions of the Michigan Employment Security Commission to the Director of Employment Security; for vesting power to appoint the Director of Employment Security and the chairperson of the Michigan Employment Security Commission to the Governor; and, for abolition of the Michigan Employment Security Advisory Council and transfer of its powers and duties to the Michigan Employment Security Commission, see E.R.O. No. 1991-21 compiled at § 421.91 of the Michigan Compiled Laws.Amendatory Act 162 of 1994 was cited and shall be known as the "Delange, Geake, Cherry, Murphy wage record conversion act of 1994."




The People of the State of Michigan enact:

DocumentDescription
Section 421.1Michigan employment security act; short title.
Section 421.2Declaration of public policy.
Section 421.3Bureau of worker's and unemployment compensation; policies; definitions.
Section 421.3aMichigan employment security advisory council; creation; appointment, qualifications, and terms of members; vacancies; compensation; expenses; recommendations; assistance and studies.
Section 421.3bRepealed. 2002, Act 192, Imd. Eff. Apr. 26, 2002.
Section 421.4Rules and regulations; distribution; public hearing; notice; publication; copies furnished; effective date.
Section 421.4aParking facility; approval of state administrative board.
Section 421.5Employment security commission; director; appointment, term, and duties; annual salary; employees and assistants; delegation of authority; compensation and expenses; bond; appointment and qualifications of persons to assist employers and represent claimants.
Section 421.5aAdvocacy assistance program.
Section 421.5bBureau of worker's and unemployment compensation; creation within department of consumer and industry services; director; transfer of powers and duties by executive order.
Section 421.6Conversion to wage record system; assistance of ad hoc committees; administrative costs.
Section 421.6aEmployment security commission; records; destruction; reproduction, compilation, or summary admissible as evidence.
Section 421.6bAppropriation for continuing work on unemployment insurance computer system improvement and capacity extension project; staff training; appointment, membership, and duties of computer project oversight committee; reversion of unexpended funds; work project.
Section 421.6cEmergency backup plan for computer system.
Section 421.6dStabilization fund.
Section 421.6eEmployee training program; operation; funding; purpose.
Section 421.6fAppropriation to fund improvements; expenditure; work project.
Section 421.6gSecuring automated systems for fraud control and collections division; fraud control and investigation; funding; work project.
Section 421.7Employment security commission; consolidation of divisions.
Section 421.8Legislative purpose; annual review of maximum weekly benefit rates; comparison of consumers' price index; "base month" defined; determining percentage of increase or decrease; report.
Section 421.9Employment security commission; subpoenas, issuance; enforcement; immunity.
Section 421.10Administration fund; contingent fund.
Section 421.11Employment security commission; cooperation with federal agency; reports; compliance with federal regulations; "social security act" defined; disclosure of information; reciprocal agreements.
Section 421.11aRepealed. 1965, Act 281, Eff. Sept. 5, 1965.
Section 421.12Acceptance of Wagner-Peyser act.
Section 421.12aEmployment security; community work or training program; employee benefits.
Section 421.13Contributions of employer; rate; computation and payment; reports; records; quarterly wage report.
Section 421.13aContributions of nonprofit organizations; reimbursement payments in lieu of contributions; "nonprofit organization" defined; notice of election to become reimbursing employer; surety bond, irrevocable letter of credit, or other security; applicability of subsection (4).
Section 421.13bLiability of nonprofit organization for reimbursement payments in lieu of contributions; termination of status as reimbursing employer; notice of termination; election to become reimbursing employer; notice of election; termination of election; extension of time; determination of status as employer.
Section 421.13cPayments by nonprofit organization to commission; computation; statement of charges; past due reimbursement payments.
Section 421.13dDelinquency of nonprofit organization in making reimbursement payments; termination of election; surety bond, irrevocable letter of credit, or other security.
Section 421.13eGroup account for sharing cost of benefits; joint application; approval; notice; duration; termination; adding employer to or removing employer from group account; liability for benefit charges; effective date and application of amendatory provision.
Section 421.13fReimbursement by nonprofit organization of benefits paid; charging benefits paid to rating account of nonprofit organization.
Section 421.13gReimbursement payments by state in lieu of contributions; amount, time, and manner of payments; separate accounts; funds to which reimbursement payments charged; liability for reimbursement payments; election to be reimbursing employer; reimbursement of benefits; charging benefits to experience account; past due reimbursement payments.
Section 421.13hProvisions applicable to reimbursement payments in lieu of contributions and reimbursing employers.
Section 421.13iGovernmental entity as reimbursing employer or contributing employer; election; notice; termination of election; liability for reimbursement payments; notice terminating status; extension of period for filing notice of election; determination of status as employer, effective date of election, and termination of prior election.
Section 421.13jRepealed. 1977, Act 277, Eff. Jan. 1, 1978.
Section 421.13kPayment by governmental entity of regular benefits plus extended benefits and training benefits; ascertainment of amount; statement of charges; reimbursement of fund; past due reimbursement payments; liability for and payment of contributions; delinquency; termination of election; reimbursement of benefits; charging benefits to experience account.
Section 421.13lIndian tribe or tribal unit as employer; requirements.
Section 421.14Employing unit as employer and services as employment; determinations; notice; review and redetermination; collection of contributions; retroactive determination; introduction of determination, redetermination, or decision in proceeding involving claim for benefits.
Section 421.15Delinquent contributions.
Section 421.15a, 421.15bRepealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.16Adjustment or refund of contributions or interest.
Section 421.17Nonchargeable benefits account; experience account; pooling of contributions; credits; effect of subsection (3)(m).
Section 421.18Definitions.
Section 421.19Contribution rate of contributing employer; determination; reserve fund balance of reorganized employer; distressed employer; irrevocability of excess payments to experience account.
Section 421.19aSolvency tax; determination; payment; deferral; appropriation; repayment; payment of amounts obtained into contingent fund; crediting amounts to employers' experience accounts; past due payments; interest and penalties; adjustments and refunds; appeals; qualification for federal interest relief provisions and federal unemployment tax credits.
Section 421.20Charging benefits against employer's account; benefits improperly paid; basis; separate determination of amount and duration of benefits; disqualifying act or discharge; order of charges; separating employee; limitation on charges for regular benefits; benefits based on multiemployer credit weeks; training benefits and extended benefits; notice of charges; extended benefits.
Section 421.20aBenefits paid under protest or appeal; charge to suspense account; transfer to rating account or solvency account.
Section 421.21Copies or listings of benefit checks charged against employer's account; copies as final determination; statement of total benefits charged against rating account; notice to employer of contribution rate; finality of statement or determination; extension; review and redetermination; appeal; hearing; adjustment of contribution.
Section 421.21aAllocation of benefit charges and contributions attributable to service performed under CETA-PSE.
Section 421.21bSeamen on American vessel on Great Lakes; benefits; seamen, definition.
Section 421.22Transfer of business.
Section 421.22aTransfer of operations from another state to this state; conditions to being deemed qualified employer; withdrawing request for application of section; furnishing information to commission; wages, contributions, and benefits deemed paid in this state; accounts.
Section 421.22bTransferring trade or business with intent to reduce contribution rate or reimbursement payments.
Section 421.23Coverage of employer; period.
Section 421.24Cessation of employing unit as employer subject to act; termination of coverage; rescission of determination.
Section 421.25Election that services be deemed employment subject to act; request for termination of coverage; termination of election.
Section 421.26Unemployment compensation fund.
Section 421.26a, 421.26bRepealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.27Payment of benefits.
Section 421.27aPayment of benefits for certain periods of unemployment; amount; conditions; eligibility; limitation.
Section 421.27bDeducting and withholding income tax from unemployment benefits.
Section 421.27nRepealed. 1965, Act 281, Eff. Sept. 5, 1965.
Section 421.28Eligibility for benefits; conditions.
Section 421.28aPreservation of unused credit weeks or benefit entitlement during period of continuous involuntary disability; request; written statement from physician; copies; extension of benefit year; payment of benefits; "continuous disability" defined; inability to establish benefit year; cessation of entitlement to benefits; applicability; dissemination of information to interested parties; date of request.
Section 421.29Disqualification from benefits.
Section 421.29m, 421.29nRepealed. 1965, Act 281, Eff. Sept. 5, 1965.
Section 421.30Benefits inalienable.
Section 421.31Waiver of rights; limitation of fees.
Section 421.32Claims for benefits; examination; determination; notice.
Section 421.32aReview of determination; redetermination; notice; reconsideration; applicability of disqualification or ineligibility to compensable period; finality of redetermination; additional transfer provisions.
Section 421.32bInternet site; establishment; access; purpose.
Section 421.33Appointment of referees; appeals and transferred matters; procedure for appeal to board of review; availability of writings to public.
Section 421.34Appeal to board of review from findings of fact and decision or from denial of motion for rehearing or reopening.
Section 421.35Board of review; powers and duties; creation; appointment, qualifications, and terms of members; vacancy; abolition of Michigan employment security appeal board; salaries and expenses; report.
Section 421.36Appeals to referees and board of review; rules governing presentation, reports, and procedure; assignment of matters to panels; composition of panels; final decision of board; request for full review; commission as interested party; unreasonable reports not required; record of proceedings; recording and transcribing testimony; cost of transcript; availability of certain writings to public; filing and contents of certified record of proceedings in circuit court; appeals consolidated for hearing.
Section 421.37Fees for subpoenaed witnesses; fees and expenses of proceedings; issuance of subpoena.
Section 421.38Review by circuit court; direct appeal of order or decision of hearing referee; commission as party; manner of appeal.
Section 421.39Employment security act; definitions.
Section 421.40"Employing unit" defined.
Section 421.41"Employer" defined.
Section 421.41aRepealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.42"Employment" defined.
Section 421.42aRepealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.43Services excluded from term "employment."
Section 421.44"Remuneration" and "wages" defined.
Section 421.44a"Previously uncovered services" defined; wages to include remuneration for previously uncovered services; limitation on use of remuneration and on charging of benefits; claims to which section applicable; retroactive claims; remuneration for previously uncovered services; identification and notification of individuals entitled to benefits; charging certain amounts of benefits to state only; reimbursement of commission.
Section 421.45Base periods; definition.
Section 421.46"Benefit year" defined; conditions; rights of claimant.
Section 421.46aEstablishment of benefit year where individual unable to establish benefit year under § 421.46; conditions; calculation of average weekly wage; charge to employers; extended benefits; claim.
Section 421.47Calendar quarter; definition.
Section 421.48"Unemployed" explained; amounts considered wages or remuneration; leave of absence; elected layoff.
Section 421.48aRepealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.49Last day of protest or appeal period falling on Saturday, Sunday, or legal holiday; running of statutory periods.
Section 421.50"Week,""credit week,""uncharged credit week," and "uncanceled credit week," defined; certain payments not counted toward wages.
Section 421.50a"Governmental entity" defined.
Section 421.51"Benefits" and "average weekly wage" defined.
Section 421.51aRepealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.52State; definition.
Section 421.53"Hospital,""institution of higher education," and "educational institution other than institution of higher education," defined.
Section 421.54Penalties.
Section 421.54aRequiring 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.
Section 421.54bConspiracy; applicability; penalties; disposition of amounts recovered; effective date of section.
Section 421.54cEmbezzlement; penalties; applicability; disposition of amounts recovered; effective date of section.
Section 421.55Catchline headings of section not part of act.
Section 421.56American vessel, American aircraft; definitions.
Section 421.57Amendment or repeal of act.
Section 421.58Suspension of provisions.
Section 421.59Repeal.
Section 421.60Advance from federal fund; repayment.
Section 421.60aProtection of deaf.
Section 421.61Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.62Recovery of improperly paid benefits.
Section 421.63Repealed. 1971, Act 231, Imd. Eff. Jan. 3, 1972.
Section 421.64Payment of extended benefits.
Section 421.65Effective dates of Act 231 of 1971; recomputation of benefits.
Section 421.66Effective dates of Act 104 of 1974; recomputation of benefits.
Section 421.67Effective dates of Act 110 of 1975; recomputation of weekly benefit rate and maximum amount of benefits; supplemental benefits.
Section 421.67aRepealed. 1996, Act 535, Imd. Eff. Jan. 13, 1997.
Section 421.67bAnnual report to legislature; validating representations made by employer to legislature.
Section 421.68, 421.69Repealed. 1982, Act 535, Eff. Jan. 2, 1983.
Section 421.70Effective date of Act 358 of 1980; recomputation of weekly benefit rate and maximum amount of benefits; supplemental benefits.
Section 421.71Effective dates of Act 535 of 1982.
Section 421.72Effective date of Act 164 of 1983.
Section 421.73Rounding benefits to next lower full dollar.
Section 421.75Conversion date to wage record system; effective date; report.

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