288.055. Retraining programs, eligibility to receive benefits while in program, requirements.
Retraining programs, eligibility to receive benefits while inprogram, requirements.
288.055. 1. Notwithstanding any other provision of thischapter, an unemployed claimant otherwise eligible for benefitsshall not become ineligible for benefits because of hisenrollment in and satisfactory pursuit of a retraining course ofinstruction which the director has approved for the individual.
2. An unemployed individual who files a claim for benefitsmay apply to the division for a determination of potentialeligibility for benefits during a period of retraining or withrespect to a claimant who has not applied for such determination,if the director finds the circumstances under subdivision (1) ofsubsection 3 of this section to exist, then the director shallmake a complete determination under subsection 3 of this section,and where potential eligibility is determined, the director shallrequire the claimant to take a retraining course of instructionto be eligible for benefit payments.
3. A determination of potential eligibility for benefitsunder this section and chapter shall be issued to an unemployedclaimant if the director finds that:
(1) Reasonable employment opportunities for which theunemployed claimant is fitted by training and experience do notexist or have substantially diminished in the labor market areain this state in which he is claiming benefits;
(2) The retraining course of instruction relates to anoccupation or skill for which there are, or are expected to be inthe immediate future, reasonable employment opportunities in anylabor market area in this state in which the claimant agrees toseek work;
(3) The retraining course of instruction is one prescribedby the director;
(4) The individual has the required qualifications andaptitudes to complete the course successfully and profittherefrom; and
(5) Upon completion of his retraining course of instructionthe individual should be qualified to use the skills acquiredunder labor organization rules where applicable to such skills.
4. Notwithstanding the provisions of subdivision (2) ofsection 288.040, an unemployed claimant who is able to work iseligible to receive benefits under this section and chapter, withrespect to any week during a period of retraining only if thedirector finds that:
(1) He has been determined potentially eligible undersubsection 3 of this section; and
(2) He submits with each claim a written certificationexecuted by a responsible person connected with the retrainingprogram certifying that he was enrolled in and satisfactorilypursuing the retraining course of instruction.
5. If an individual fails to submit for any week during aperiod of retraining the certification required by subsection 4of this section, he shall be ineligible to receive any benefitsfor that week. This subsection shall not render a claimantineligible for benefits for any week during a period ofretraining if on or before Monday of that week he notifies thedivision that his retraining course of instruction has been or isbeing discontinued or terminated prior to that week.
6. An unemployed claimant otherwise eligible for benefitsunder this section and chapter shall not be disqualified forrefusing suitable employment offered to him, or failing to applyfor suitable employment when notified by an employment office, orfor leaving his most recent temporary work, accepted during hisretraining, if the acceptance of or applying for suitableemployment or continuing such work would require him to terminatehis retraining course of instruction.
7. Notwithstanding any other provision of this section, nopayment of benefits shall be made to any individual for any weekor part of any week with respect to which he is entitled toreceive training benefits as a result of participation by thisstate pursuant to the provision of any federal law providing forthe payment of such benefits unless required by such federal law.
8. Words and phrases used in this section have the meaningsascribed to them in this chapter.
9. Notwithstanding any other provision of this section, thedirector may determine upon application of a claimant who isunemployed due to a permanent mass layoff, that such claimant iseligible for training, and such claimant shall be eligible toreceive benefits under this section and chapter if he meets therequirements of subdivision (2) of subsection 4 of this sectionand is otherwise eligible for benefits.
(L. 1961 p. 433 §§ 1 to 8, A.L. 1975 S.B. 270, A.L. 1988 H.B. 1485)Effective 3-1-88