Topic:
HIGHER EDUCATION; LEGISLATION; LEGISLATIVE INTENT; UNEMPLOYED WORKERS;
Location:
UNEMPLOYMENT;

OLR Research Report


October 13, 2005

 

2005-R-0768

LEGISLATIVE HISTORY OF UNEMLOYMENT EXEMPTION FOR NONPROFESSIONAL EDUCATION EMPLOYEES BETWEEN SCHOOL YEARS

By: John Moran, Associate Analyst

You asked for the legislative history of PA 83-1, December Special Session (DSS), which denied unemployment benefits to nonprofessional higher education employees for periods between terms and school years if the person has an expectation of being rehired the next term or year.

SUMMARY

Based on the transcripts of the December 9, 1983 House debate on PA 83-1, DSS (SB 4001), the legislation was enacted to make state unemployment benefit law conform with federal unemployment law. Federal law required (and still requires) that state law treat nonprofessional employees of all types of educational institutions equally. Nonprofessional employees include clerical, cafeteria, and maintenance staff.

PA 83-1, DSS, denied unemployment benefits to nonprofessional employees of higher education institutions between academic years and terms if the employee had a reasonable expectation of continued employment in the new year or term. Existing state law at that time denied unemployment benefits for nonprofessional employees of elementary and secondary schools between years and terms if they had a reasonable expectation of employment in the new year or term. The act resulted in equal treatment of all nonprofessional employees of educational institutions. (In 1977, the legislature prohibited unemployment benefits for teachers, researchers, and administrators (professionals) employed at educational institutions between terms and years if the employee has a reasonable expectation of returning to work. )

LEGISLATIVE HISTORY OF PA 83-1, DSS

The1983 December Special Session was called solely to consider Emergency Certified SB 4001, which became PA 83-1, DSS. Rep. Kiner brought the bill out and called it a response to the 98th Congress enacting a law prohibiting unemployment benefits, as of April 1, 1984, for all nonprofessionals and professionals in higher education and primary education. Since its creation under the Social Security Act of 1935, unemployment compensation has been a joint federal-state program. Failure to conform to federal law can risk federal funding for the state unemployment compensation system.

“What we are doing, in effect, is making ineligible nonprofessional employees in higher education, making them ineligible to collect unemployment compensation for between years and terms,” Kiner said.

“Without this piece of legislation, the employers of the state of Connecticut stand to lose $ 216 million, and the state of Connecticut, through a loss of administrative grants, can lose $ 33 million,” the representative said.

During the debate the House considered and defeated an amendment that would have treated all nonprofessional educational employees the same under the law by making all of them eligible for unemployment benefits between years and terms. Rep. Kiner said any expansion of benefits would have to be paid for by employers and he noted state law already held this prohibition for educational and administrative staff.

The bill passed 133 to 1. The Senate floor debate was not available in the legislative library.

JM: ro