Section 421.50 - “Week,”“credit week,”“uncharged credit week,” and “uncanceled credit week,” defined; certain payments not counted toward wages.
MICHIGAN EMPLOYMENT SECURITY ACT (EXCERPT)
Act 1 of 1936 (Ex. Sess.)
421.50 “Week,”“credit week,”“uncharged credit week,” and “uncanceled credit week,” defined; certain payments not counted toward wages.
Sec. 50.
(a) “Week” means calendar week, ending at midnight Saturday, but all work performed and wages earned during a working shift which starts before midnight Saturday shall be included in the week in which that shift begins.
(b) Subject to subdivisions (1) and (2), for benefit years established before January 1, 1996, “credit week” means a calendar week of an individual's base period during which the individual earned wages equal to or greater than 20 times the state minimum hourly wage in effect on the first day of the calendar week in which the individual filed an application for benefits. However, for benefit years established on or after January 1, 1996 and before the conversion date prescribed in section 75, “credit week” means a calendar week of an individual's base period during which the individual earned wages equal to or greater than 30 times the state minimum hourly wage in effect on the first day of the calendar week in which the individual filed an application for benefits. This subsection is subject to the following:
(1) If an individual earns wages from more than 1 employer in a credit week, that week shall be counted as 1 multiemployer credit week and shall be governed by the provisions of section 20(e), unless the individual has earned sufficient wages in the base period with only 1 of the employers for whom the individual performed services in the week of concurrent employment to entitle the individual to a maximum weekly benefit rate, in which case, the week shall be a credit week with respect to that employer only and not a multiemployer credit week.
(2) Not more than 35 uncanceled and uncharged credit weeks shall be counted as credit weeks. In determining the 35 credit weeks to be used for computing and paying benefits, credit weeks shall be counted in the following sequence:
(a) First, all credit weeks which are not multiemployer credit weeks and which were earned with employers not involved in a disqualifying act or discharge under section 29(1), and all credit weeks earned with an employer involved in such a disqualifying act or discharge which were earned subsequent to the last act or discharge in which the employer was involved, shall be counted in inverse order of most recent employment with each employer.
(b) Second, if the credit weeks counted under subparagraph (a) total less than 35, all credit weeks which are not multiemployer credit weeks and which were earned with each employer before a disqualifying act or discharge shall be counted, in inverse order to that in which the most recent disqualifying act or discharge with each employer occurred, to the extent necessary to use all available credit weeks with respect to the employers, or a total of 35 credit weeks, whichever is less.
(c) Third, if the credit weeks counted under subparagraphs (a) and (b) total less than 35, all multiemployer credit weeks shall be counted, in inverse chronological order of their occurrence, to the extent necessary to count all available credit weeks, or a total of 35 credit weeks, whichever is less.
(3) As used in this subsection:
(a) “Uncharged credit week” means a credit week which has not been used as a basis for a benefit payment, a reduction of benefits under section 29(4), or a penalty disqualification under section 62(b).
(b) “Uncanceled credit week” means a credit week which is not canceled in accordance with section 62(b).
(4) There shall not be counted toward the wages required to establish a credit week under this subsection payments in the form of termination, separation, severance, or dismissal allowances; or any payments for a vacation or a holiday unless the payment has been made, or the right to receive it has irrevocably vested, within 14 days following the vacation or holiday.
History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1947, Act 360, Eff. Jan. 1, 1948 ;-- CL 1948, 421.50 ;-- Am. 1949, Act 282, Imd. Eff. June 11, 1949 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1954, Act 197, Imd. Eff. May 7, 1954 ;-- Am. 1955, Act 281, Eff. July 15, 1955 ;-- Am. 1965, Act 281, Eff. Sept. 5, 1965 ;-- Am. 1967, Act 254, Imd. Eff. July 19, 1967 ;-- Am. 1970, Act 14, Imd. Eff. Apr. 14, 1970 ;-- Am. 1974, Act 104, Eff. Jan. 1, 1975 ;-- Am. 1975, Act 303, Eff. Dec. 22, 1975 ;-- Am. 1977, Act 277, Eff. Jan. 1, 1978 ;-- Am. 1980, Act 358, Eff. Mar. 1, 1981 ;-- Am. 1982, Act 535, Eff. Jan. 2, 1983 ;-- Am. 1994, Act 162, Imd. Eff. June 17, 1994 ;-- Am. 1995, Act 25, Eff. Mar. 28, 1996