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11-10-601. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-601. Definitions.
As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:
(1)(A) “Affected group” means two (2) or more employees designated by an employer to participate in a shared work plan.
(B) “Sub-group” means a group of employees which constitutes at least ten percent (10%) of the employees in an affected group;
(2) “Approved plan” means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of § 11-10-604, and which plan has been approved in writing by the Director of the Division of Workforce Services;
(3) “Fringe benefits” includes, but is not limited to, such advantages as health insurance (hospital, medical, and dental services, etc.), retirement benefits under defined benefit pension plans as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, paid vacation and holidays, sick leave, etc., which are incidents of employment in addition to the cash remuneration earned;
(4) “Normal weekly hours of work” means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime;
(5) “Shared work benefits” means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other provisions of this chapter;
(6) “Shared work employer” means an employer with a shared work plan in effect. An individual who, or an employing unit which, succeeds
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-10-601
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 75060e28ea56dd96a9dc6c14d06aad57ab8cc4a64c8b59b01510f2551b674045
Source location: content.xml paragraph 13032
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11-10-601. Definitions.
As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:
(1)(A) “Affected group” means two (2) or more employees designated by an employer to participate in a shared work plan.
(B) “Sub-group” means a group of employees which constitutes at least ten percent (10%) of the employees in an affected group;
(2) “Approved plan” means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of § 11-10-604, and which plan has been approved in writing by the Director of the Division of Workforce Services;
(3) “Fringe benefits” includes, but is not limited to, such advantages as health insurance (hospital, medical, and dental services, etc.), retirement benefits under defined benefit pension plans as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, paid vacation and holidays, sick leave, etc., which are incidents of employment in addition to the cash remuneration earned;
(4) “Normal weekly hours of work” means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime;
(5) “Shared work benefits” means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other provisions of this chapter;
(6) “Shared work employer” means an employer with a shared work plan in effect. An individual who, or an employing unit which, succeeds to or acquires, pursuant to § 11-10-710, an organization, trade, or business with a shared work plan in effect automatically becomes a shared work employer and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and
(7) “Unemployment compensation” means the unemployment benefits payable under this chapter other than shared work benefits and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-604. Criteria for approval.
(a) An employer wishing to participate in a shared work program shall submit a signed written shared work compensation plan to the Director of the Division of Workforce Services for approval.
(b) The director shall approve a shared work unemployment compensation plan only if the following criteria are met:
(1) The plan:
(A) Applies to and identifies the specified affected group; and
(B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program;
(2) The employees in the affected group or groups are identified by name, Social Security number, and by any other information required by the director;
(3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than ten percent (10%) and not more than forty percent (40%);
(4)(A) Health benefits and retirement benefits under defined benefit pension plans, as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced.
(B) However, if the employer reduces the level of benefits under subdivision (b)(4)(A) of this section for its employees who are not in the shared work group, the level of benefits may be reduced by a like amount for the employer's shared work employees;
(5) The plan certifies that the aggregate reduction in work hours is in lieu of all layoffs that would have affected at least ten percent (10%) of the employees in the affected group or groups to which the plan applies and that would have resulted in an equivalent reduction in work hours;
(6) During the previous four (4) months,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-604
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-604. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-710. Transfer of experience.
(a)(1) Unless otherwise provided in § 11-10-723, any employing unit that acquires the organization, trade, and all of the places of business and substantially all of the assets of any employer, excepting, in any such case, any assets retained by the employer incident to the liquidation of the employer's obligations, whether or not the acquiring employing unit was an employing unit within the meaning of § 11-10-208 prior to the acquisition, and that continues the organization, trade, or business as indicated by retaining the predecessor employer's three-digit North American Industry Classification System code shall assume the predecessor employer's actual contributions, regular benefit experience, annual payrolls, liability for current or delinquent contributions, interest, penalty, and otherwise as if no change with respect to the separate account, actual experience, and payrolls or the position of the predecessor employer otherwise had occurred and as if the operations of the predecessor employer had at all times been carried on by the successor employing unit.
(2) The separate account of the predecessor employer shall be transferred by the Director of the Division of Workforce Services to the successor employing unit and, as of the date of the acquisition, shall become the separate account or part of the separate account, as the case may be, of the successor employing unit, and the regular benefits thereafter chargeable to the predecessor employer on account of employment prior to the date of the acquisition shall be charged to the separate account of the successor employing unit.
(b)(1) However, unless otherwise provided in § 11-10-723, if any employing unit acquires a segregable and identifiable portion of the business of any
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-710
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-710. This identifies an authority to review, not proof of applicability.