1.1 	A bill for an act
1.2 	relating to employment; regulating eligibility for unemployment and dislocated 
1.3 	worker benefits. 
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. LABOR DISPUTE; OVERPAYMENTS.
 1.6 	If an unemployment law judge decision issued in 2005 awards unemployment 
1.7 	benefits in a case involving a labor dispute, any unemployment benefits paid to the 
1.8 	applicant shall not be considered an overpayment under Minnesota Statutes, section 
1.9 	268.18, subdivision 1, if the unemployment law judge's award of unemployment benefits 
1.10 	is reversed by the Minnesota Court of Appeals or the Supreme Court of Minnesota. 

1.11 	Sec. 2. LABOR DISPUTE; BENEFITS.
 1.12 	An applicant for unemployment benefits in a case involving a labor dispute whose 
1.13 	case was ordered to hearing by the commissioner in 2005 without an initial determination 
1.14 	shall not be ineligible for unemployment benefits because of participation in a labor 
1.15 	dispute notwithstanding Minnesota Statutes, section 268.085, subdivision 13b. This 
1.16 	section is consistent with and is not intended to overrule any Minnesota Supreme Court 
1.17 	precedent interpreting Minnesota Statutes, section 268.085, subdivision 13b. 

1.18 	Sec. 3. DISLOCATED WORKER PROGRAM; ELIGIBILITY.
 1.19 	(a) An individual whose claim for unemployment benefits is subject to section 2 
1.20 	is deemed a dislocated worker for purposes of the dislocated worker program contained 
1.21 	in Minnesota Statutes, section 116L.17. This paragraph is in addition to any other law 
1.22 	providing a basis for eligibility for dislocated worker program benefits.
2.1 	(b) The commissioner of employment and economic development may waive 
2.2 	dislocated worker program requirements for individuals described in paragraph (a) if the 
2.3 	commissioner determines that the unique facts of an employee's work cessation justifies a 
2.4 	waiver. The waiver includes the authority to make retroactive payments for training 
2.5 	expenses incurred or obligated for prior to the time the individual was eligible for the 
2.6 	program. The waivers shall be granted on an individual basis. 

2.7 	Sec. 4. EFFECTIVE DATE; APPLICATION.
 2.8 	Section 1 is effective the day following final enactment and applies to unemployment 
2.9 	benefits awarded pursuant to a hearing held in calendar year 2005. Section 2 is effective 
2.10 	the day following final enactment, is retroactive to January 29, 2006, and applies to cases 
2.11 	ordered to hearing by the commissioner of employment and economic development in 
2.12 	2005. Section 3 is effective the day following final enactment.