Miss. Employ. SEC. v. City of Columbus, Etc.

424 So. 2d 553
CourtMississippi Supreme Court
DecidedDecember 1, 1982
Docket53408, 53410-53418, 53508 and 53630
StatusPublished
Cited by8 cases

This text of 424 So. 2d 553 (Miss. Employ. SEC. v. City of Columbus, Etc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miss. Employ. SEC. v. City of Columbus, Etc., 424 So. 2d 553 (Mich. 1982).

Opinion

424 So.2d 553 (1982)

MISSISSIPPI EMPLOYMENT SECURITY COMMISSION
v.
CITY OF COLUMBUS LIGHT & WATER DEPARTMENT, et al.

Nos. 53408, 53410-53418, 53508 and 53630.

Supreme Court of Mississippi.

December 1, 1982.
Rehearing Denied December 15, 1982.

Fred J. Lotterhos, Jackson, for appellant.

Gholson, Hicks & Nichols, Lydia Quarles, Columbus, Jacobs, Griffith, Pearson, Eddins & Povall, Benjamin E. Griffith, L. Ellis Griffith, Cleveland, James M. Hood, Jr., Houston, William B. Compton, Witherspoon, Compton & Mason, Meridian, for appellees.

*554 Before SUGG, P.J., and PRATHER and HAWKINS, JJ.

HAWKINS, Justice, for the Court.

Before us are the consolidated appeals of the Mississippi Employment Security Commission from judgments of the Circuit Court of the First Judicial District of Hinds County reversing the commission's assessment of charges against political subdivisions of this state for unemployment benefits paid former employees of the subdivisions.

In all except two of the cases the issue is whether the political subdivision is liable for unemployment benefits paid unemployed workers eligible for benefits under state law. We hold they are, and reverse and render as to these cases.

In two of the cases on appeal unemployment benefits were erroneously paid by the commission, and in these cases we hold the political subdivisions are not liable and affirm.

HISTORICAL AND LEGAL BACKGROUND

For a number of years this state has had a Mississippi Employment Security Law to promote employment security in job placement and to provide through the accumulation of reserves for the payment of compensation to unemployed individuals. Miss. Code Ann. § 71-5-1 (1972). The public policy of this state has been to require employers, with certain exceptions, to pay a certain amount of each employee's wages to the Employment Security Administration fund of the state treasury. Miss. Code Ann. §§ 71-5-3, 71-5-111 (1972). This law and the programs thereunder have been administered by the Mississippi Employment Security Commission. Miss. Code Ann. § 71-5-101 et seq. (1972).

Under formulas and rates set by law, employers have paid a certain percentage of each employee's wages to the fund. Unemployment benefit records are kept on all employees, and provision is also made whereby employers who have a low "experience-rating record" will be charged "modified rates." Thus, employers periodically will have their required contributions modified based upon the unemployment benefits which have been paid during a previous set period of time, or "base period." Miss. Code Ann. §§ 71-5-351 to -355 (Supp. 1981).

In determining the modified rates to an employer, § 71-5-355(2)(b)(ii) provides that benefits paid to an eligible individual shall be charged against the experience-rating record during the base period, but benefits will not be charged to the employer's experience-rating record if the commission finds that the individual:

1. Voluntarily left the employ of such employer without good cause attributable to the employer,
2. Was discharged by such employer for misconduct connected with his work,
3. Refused an offer of suitable work by such employer without good cause, and the commission further finds that such benefits are based on wages for employment for such employer prior to such voluntary leaving, discharge or refusal of suitable work, as the case may be, or
4. Had base period wages which included wages for previously uncovered services as defined in section 71-5-511(e) to the extent that the unemployment compensation fund is reimbursed for such benefits pursuant to section 121 of P.L. 94-566, ...

In 1977, the Mississippi Employment Security Law was expanded to include political subdivisions of this state as employers. 1977 Laws ch. 497 (codified at Miss. Code Ann. § 71-5-359 (Supp. 1981)). As a result, they joined nonprofit organizations and state boards and instrumentalities. See Miss. Code Ann. §§ 71-5-357 (prior to amendment, 1971 Laws ch. 519), 71-5-359 (Supp. 1981). These organizations as employers were not required to make contributions, however, but were afforded the option to reimburse the state unemployment fund for benefits paid to unemployed workers attributable to service in that respective organization. Miss. Code Ann. § 71-5-359 *555 (Supp. 1981). Hence, those electing this option are termed "reimbursing employers," rather than "contributing employers."

In carrying out the purpose of the Mississippi Employment Security Law, this state is not completely autonomous. The United States Government has an impact upon its existence and administration. See 26 U.S.C.A. §§ 3301-3311, the "Federal Unemployment Tax Act," and in particular, §§ 3304-3305, 3309. Within the parameters and guidelines of this Federal Act and regulations thereunder, however, our state law controls.

In order for any unemployed worker to be entitled to unemployment benefits there are certain requirements. A "base period" is first considered. Fifteen months, or five quarter years, are counted. The "base period" is the first four calendar quarters of a completed five calendar quarters, computed as of the first day of the week when a claimant filed for benefits. Miss. Code Ann. § 71-5-11 (Supp. 1981). See Appendix for illustration.

Eligibility for benefits requires the claimant to have earned wages in insured work equal to 36 times his weekly benefit amount, and he must have been paid wages in insured work during at least two of the quarters in his base period. Miss. Code Ann. § 71-5-511 (Supp. 1981).

The claimant is entitled to be paid a weekly benefit of 1/26th of the total wages he was paid in the highest quarter of his base period, provided he was paid at least $160 in such quarter. Further, the claimant must receive at least $10 in weekly benefits, and cannot be paid more than $90 a week. Miss. Code Ann. § 71-5-503 (Supp. 1981). He can receive no more than 26 unemployment benefit payments over a benefit year, defined in Miss. Code Ann. § 71-5-11 C., supra.

Miss. Code Ann. § 71-5-513 (Supp. 1981) provides for circumstances which will disqualify an otherwise eligible unemployed claimant. Subparagraph A.

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