288.042. War on terror veterans, defined--eligible for benefits--time period--penalty--offer of similar wages--fund--rulemaking authority.
War on terror veterans, defined--eligible for benefits--timeperiod--penalty--offer of similar wages--fund--rulemakingauthority.
288.042. 1. For purposes of this section, a "war on terror veteran"is a Missouri resident who serves or has served in the military and to whomthe following criteria apply:
(1) The person is or was a member of the national guard or a memberof a United States armed forces reserves unit who was officially domiciledin the state of Missouri immediately prior to deployment;
(2) The person was deployed as part of his or her military unit atany time after September 11, 2001, and such deployment caused the person tobe unable to continue working for his or her employer;
(3) The person was employed either part time or full time beforedeployment; and
(4) A Missouri court or United States district court located inMissouri has found that the person was discharged from or laid off from hisor her nonmilitary employment during deployment or within thirty days afterthe completion of his or her deployment.
2. Notwithstanding any provisions of sections 288.010 to 288.500, anywar on terror veteran shall be entitled to receive veterans' unemploymentcompensation benefits under this section. A war on terror veteran shall beentitled to a weekly benefit amount of eight percent of the wages paid tothe war on terror veteran during that calendar quarter during which the waron terror veteran earned the highest amount within the five completedcalendar quarters during which the war on terror veteran received wagesimmediately before deployment. The maximum amount of a weekly benefitamount shall be one thousand one hundred fifty-three dollars and sixty-fourcents.
3. A war on terror veteran shall be entitled to a weekly benefitamount for twenty-six weeks. The division of employment security shallpursue recovery of overpaid unemployment compensation benefits against anyperson receiving such overpaid benefits through billing, setoffs againststate tax refunds, setoffs against federal tax refunds to the extentpermitted by federal law, intercepts of lottery winnings under section313.321, RSMo, and collection efforts as provided for in sections 288.160,288.170, and 288.175.
4. Any employer who is found in any Missouri court or United Statesdistrict court located in Missouri to have terminated, demoted, or taken anadverse employment action against a war on terror veteran due to his or herabsence while deployed shall be subject to an administrative penalty in theamount of thirty-five thousand dollars. The director of the division ofemployment security shall take judicial notice of judgments in suitsbrought under the Uniformed Service Employment and Reemployment Rights Act(38 U.S.C. 4301). Such judgments may be considered to have a res judicataeffect on the director's determination. The administrative penalty shallbe collectible in the manner provided in sections 288.160 and 288.170.
5. A war on terror veteran shall be considered to have beendischarged from his or her employment if he or she is not offered the samewages, benefits, and similar work schedule upon his or her return afterdeployment.
6. There is hereby created in the state treasury the "War on TerrorUnemployment Compensation Fund", which shall consist of money collectedunder this section and such other state funds appropriated by the generalassembly. The state treasurer shall be custodian of the fund and shallapprove disbursements from the fund in accordance with sections 30.170 and30.180, RSMo. Upon appropriation, money in the fund shall be used solelyfor the administration, including payment of benefits and refunds, of thissection. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, any moneys remaining in the fund at the end of the biennium shallnot revert to the credit of the general revenue fund. The state treasurershall invest moneys in the fund in the same manner as other funds areinvested. Any interest and money earned on such investments shall becredited to the fund.
7. The division of employment security may promulgate rules toenforce this section. Any rule or portion of a rule, as that term isdefined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies withand is subject to all of the provisions of chapter 536, RSMo, and, ifapplicable, section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date, orto disapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2006, shall be invalid and void.
(L. 2006 H.B. 1456, A.L. 2007 S.B. 433, A.L. 2008 H.B. 2041)Effective 10-01-08