Act No. 140
This new post-Katrina and post-oil spill legislation amends R.S. 23:1533 to provide an additional exception regarding unemployment benefit payments that are not charged to an employer's experience rating. According to Act No. 140, no benefits will be charged against the experience rating records of a claimant's base period employer when both of the following conditions are met: (i) benefits are paid in a situation in which the unemployment is caused solely by an act or omission of any third party or parties, or solely by such act or omission in combination with an act of God or an act of war (the determination of the responsibility of any third party or parties will be as determined by the Oil Pollution Act, 33 U.S.C. § 2701, et seq.); and (ii) reimbursement for such benefits must be paid by the responsible third party or parties into the Unemployment Trust Fund.
Note: this article was published in the March 2012 issue of the Louisiana eAuthority.
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