§ 40-1-225 — Supplemental unemployment benefit plan.

SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN. A. A supplemental unemployment benefit plan for a temporary layoff must meet the following requirements: 1. The plan shall provide for a payment from the employer to the employee each week during the temporary layoff to supplement unemployment benefits received by the employee; 2. The plan must be part of an agreement entered into between the employer and employee, or between the employer and a collective bargaining agent on behalf of the employee, before the date the layoff is effective; 3. The employer must be able to give a reasonable assurance that the separated employees will be able to return to work at the end of the temporary layoff; 4. The employer must inform the Commission of the beginning and ending dates of the layoff and keep the Commission informed of any changes in circumstances while any claims for unemployment benefits are in existence; and 5. The plan must provide for equal treatment of all employees covered by the plan who are included in the layoff. The requirements of Sections 2-417 and 2-418 of this title shall be waived for any claimant of unemployment benefits who is receiving supplemental benefits under this subsection. B. A supplemental unemployment benefit plan for a permanent layoff must meet the following requirements: 1. The plan shall provide for a payment from the employer to the former employee during each week unemployment benefits are paid to the former employee, in order to supplement the unemployment benefits received by the former employee; 2. The plan must be part of an agreement entered into between the employer and former employee, or between the employer and a collective bargaining agent on behalf of the former employee, before the date the layoff is effective; and 3. The plan must provide for equal treatment of all former employees covered by the plan who are included in the layoff. The requirements of Sections 2-417 and 2-418 of this title shall be applicable to any claimant of unemployment benefits who is receiving supplemental benefits under this subsection. C. The amount of supplemental unemployment benefit plan payments will not be deducted from the weekly benefit amount of an unemployment benefit claim. D. All supplemental unemployment benefit plans must be approved by the Director of the Unemployment Insurance Division of the Oklahoma Employment Security Commission. The Director's determination will be in writing and mailed to the employer and the collective bargaining agent of the employees, if any exists, at their last-known addresses, within twenty (20) days of the receipt of the employer's plan. If an employer or collective bargaining agent disagrees with the determination, an appeal can be taken pursuant to Section 3-115 of this title.

Legislative History

Added by Laws 2002, c. 452, § 7, eff. Nov. 1, 2002. Amended by Laws 2006, c. 176, § 3, eff. July 1, 2006; Laws 2019, c. 251, § 2, eff. July 1, 2019; Laws 2022, c. 360, § 9, eff. Nov. 1, 2022.