Unemployment Compensation for Military Spouses 2009 Legislation

Last Updated: January 27, 2010

NCSL Staff Contact: Brooke Oleen or Jim Reed, (303) 364-7700, Denver

Military families often face frequent moves and these moves can add unique financial pressures, as spouses may have to leave their employment due to a military transfer and the families may face a reduction in income. Generally speaking, when an individual leaves a job voluntarily, then the person is ineligible for unemployment benefits. Recognizing that spouses of military service personnel who quit their jobs due to a military transfer may not be quitting so “voluntarily,” state legislators have amended unemployment compensation laws to help military families who are relocating between states. In several states, state legislators deem it good cause if military spouses leave their employment to follow their spouses in a military relocation, and thus eligible for unemployment benefits.

Eight bills were introduced in seven states during the 2009 legislative session. Arkansas, Colorado, Virginia and Wyoming enacted legislation. In Arkansas, Colorado and Virginia, the legislation amended statutory provisions already in place.

Please note the summary should be used for general informational purposes and not as a legal reference.
NCSL is unable to provide guidance to citizens or businesses regarding unemployment compensation benefits. Please contact your state department of labor or consult with a private attorney.

AL | AR | CO | HI | OH | VA | WY

STATES	Bill Summary:
Alabama	H.B. 612 Allows persons who leave employment to be with spouses who have been transferred by the military to receive unemployment benefits.
Alaska	none
Arizona	none
Arkansas	S.B. 429 Signed by governor 4/3/09, Act 802 Amends various provisions of the Department of Workforce Services law; concerning disqualification for voluntarily leaving work, the bill deletes the provision that allows individuals to claim unemployment compensation when moving with a military spouse to a new duty station and adds a provision that allows claims for accompanying an individual’s spouse because of a change in the location of the spouse’s employment that makes it impractical to commute.
California	none
Colorado	H.B. 1054 Signed by governor 3/25/09, Chapter 65 Allows the surviving spouse of a member of the United States armed forces who is killed in combat to claim a full award of unemployment insurance benefits if the surviving spouse: (i) Relocates to a new place of residence after the death of his or her active duty military spouse; (ii) Is unable to commute to his or her current employment from the new place of residence; and (iii) Is available for suitable work upon arrival at the new place of residence. Requires the director of the Division of Employment and Training (division) in the Department of Labor and Employment to adopt rules to allow for a waiver of the obligation to actively seek work for individuals who are eligible for benefits under this act. Specifies that the benefits are to be charged to the unemployment compensation fund rather than the employer. Requires the division to track the number of claims made and the amounts awarded to surviving spouses and to submit an annual report to the Business Affairs and Labor Committee of the House of Representatives and the Business, Labor, and Technology Committee of the Senate, or their successor committees, detailing the number of claimants and amounts awarded. Repeals the eligibility for benefits, effective July 1, 2019.
Connecticut	none
Delaware	none
District of Columbia	none
Florida	none
Georgia	none
Guam	none
Hawaii	H.B. 461 S.B. 628 Removes the disqualification for unemployment benefits where the separation was voluntary if the separation was due to a military spouse's reassignment to a different geographic location.
Idaho	none
Illinois	none
Indiana	none
Iowa	none
Kansas	none
Kentucky	none
Louisiana	none
Maine	none
Maryland	none
Massachusetts	none
Michigan	none
Minnesota	none
Mississippi	none
Missouri	none
Montana	none
Nebraska	none
Nevada	none
New Hampshire	none
New Jersey	none
New Mexico	none
New York	none
North Carolina	none
North Dakota	none
Ohio	H.B. 46 Passed House 12/16/09 Amends §4141.29 of the Revised Code to permit persons who quit work to accompany the person's spouse on a military transfer to be eligible for unemployment compensation benefits.
Oklahoma	none
Oregon	none
Pennsylvania	none
Puerto Rico	none
Rhode Island	none
South Carolina	none
South Dakota	none
Tennessee	none
Texas	none
Utah	none
Vermont	none
Virginia	S.B. 1495 Signed by governor 5/6/09, Chapter 878 Provides that good cause for leaving employment exists if an employee voluntarily leaves a job to accompany the employee's spouse, who is on active duty in the military or naval services of the United States, to a new military-related assignment established pursuant to a permanent change of duty order from which the employee's place of employment is not reasonably accessible. The measure applies only if the state to which the spouse is transferred has a similar provision, unless the transfer involves members of the Virginia National Guard relocated within the Commonwealth. Benefits paid to qualifying claimants shall be charged against the pool rather than against the claimant's employer. The measure shall become effective if the federal government appropriates funds for this purpose.
Washington	none
West Virginia	none
Wisconsin	none
Wyoming	S.B. 90 Signed by governor 3/6/09, Chapter 161 Authorizes unemployment benefits for eligible spouses of deployed military personnel as specified.