Section 71A. As used in section seventy-one B to seventy-one G inclusive, the following words shall unless the context clearly requires otherwise, have the following meanings:—
''Advance notification'', a voluntary declaration in writing given by the employer to the employee or to the employee's authorized collective bargaining agent that a plant closing will occur.
''Commissioner'', the director of the department of career services, established by section one of chapter twenty-three.
''Covered partial closing'', a partial closing which the commissioner has determined under the provisions of section seventy-one C, to be covered by the provisions of section seventy-one B to seventy-one G, inclusive.
''Date of certification'', the actual or anticipated date of plant closing or covered partial closing as determined by the commissioner.
''Date of notification'', the date of announcement by the employer or the commissioner, whichever is earlier, of a plant closing or covered partial closing as determined by the commissioner.
''Eligibility period'', the period consisting of the weeks in an employee's benefit year which consist of the employee's first compensable week and the next twelve consecutive weeks following the date of notification or the date of certification, whichever is earlier.
''Employee'', an individual who is or has performed services for wages, whether full-time or part-time, at a facility, who at the point of termination has received said wages for the past four quarterly periods from the employer or its predecessor, and who is otherwise eligible for unemployment benefits, excluding any individual employed by an employer engaged in a seasonal enterprise as defined by the commissioner.
''Employer'', an individual, corporation, or other private business entity, whether for profit or not-for-profit, except an employer engaged in a seasonal enterprise as defined by the commissioner, which owns or operates a facility, at least one year.
''Facility'', a plant, factory, commercial business, hospital, institution or other place of employment located in the commonwealth which had fifty or more employees, as defined in this section, during any month in the six month period prior to the date of certification.
''Group insurance policy'', a medical insurance policy provided by an employer for its employees, in accordance with the provisions of either chapter one hundred and seventy-five, one hundred and seventy-six A, one hundred and seventy-six B, or chapter one hundred and seventy-six G.
''Health Insurance Benefits Fund'', the fund established by section seventy-one E to finance the health insurance benefits in accordance with the provisions of section seventy-one G.
''Industrial Advisory Board'' or ''Board'', the body, established by section one hundred and ninety of chapter six for the purpose of advising certain officials of the commonwealth on the implementation of certain provisions of this chapter and on possible future policies.
''Partial closing'', a permanent cessation of a major discrete portion of the business conducted at a facility which results in the termination of a significant number of the employees of said facility and which affects workers and communities in a manner similar to that of plant closings.
''Plant closing'', a permanent cessation or reduction of business at a facility which results or will result as determined by the director in the permanent separation of at least ninety per cent of the employees of said facility within a period of six months prior to the date of certification or with such other period as the director shall prescribe, provided that such period shall fall within the six month period prior to the date of certification.
''Reemployment assistance benefits'', the supplemental benefits established by section seventy-one F for employees who have been terminated by plant closings and covered partial closings.
''Reemployment Assistance Fund'' or ''Fund'', the fund, established by section seventy-one E, to finance the reemployment assistance benefits.
''Reemployment assistance program'', the regional and plant-specific services provided pursuant to section seventy-one D for the purpose of assisting employees terminated by plant closings and partial closings to secure new jobs or training.
''Separation pay'', the maintenance by an employer or a labor union of an employee's wages following his termination.
''Termination'', the permanent layoff of an employee from the employ of an employer, provided however, that an employee who is offered continued suitable employment as defined in subsection (c) of section twenty-five by his employer at another workplace owned or operated by said employer shall not be deemed to have been laid off.
''Wages'', as defined in section one and remuneration paid to an employee for employment by an employer during the previous four quarterly periods; provided, however, that for the purpose of determining eligibility for reemployment assistance benefits, remuneration shall include unemployment insurance benefits paid for weeks of unemployment occurring during said previous four quarterly periods; and provided further, that all or part of such benefits are attributable to service in the employ of the plant closing or partial plant closing employer.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XXI - Labor and Industries
Chapter 151a - Unemployment Insurance
Section 2 - Service Deemed ''employment''; Exclusions
Section 3 - Service Within and Without Commonwealth Included in ''employment''
Section 4a - Service Included in Employment; American Employer; State
Section 6 - Service Not Included in ''employment''
Section 6a - Other Service Not Included in ''employment''
Section 8 - Employing Units Subject to Statute
Section 8a - Other Employing Units Subject to Statute
Section 8b - Domestic Service and Agricultural Labor; Employer
Section 8c - Crew Leaders; Definition; Employees of Crew Leaders
Section 9 - Individuals Employed by Unit in Several Places
Section 11 - Ceasing to Be Subject to Statute on Application
Section 12 - Determination Whether Employer Within Statute; Review; Double Costs; Reconsideration
Section 14a - Nonprofit Organizations and Governmental Employers
Section 14b - Liability for Payments; Credits; Adjustments
Section 14c - Contributions by Governmental Employers; Rated Governmental Employers
Section 14e - Economic Development Fund
Section 14f - Unemployment Trust Fund; Report Concerning Fund Average and Actual Balance
Section 14j.5 - Excise Paid on Employee Wages
Section 14k - Federal Loan Interest Fund
Section 14l - Work Force Training Contribution Paid by Employers
Section 14m - Benefits Paid to Employees of Indian Tribes
Section 14n - Assignment of Contribution Rates and Transfer of Accounts
Section 14o - Fraud Penalty Fund
Section 14p - Registration of Employers; Reporting of Employee Information
Section 15a - Collection of Payments; Levy Upon Depositary Accounts; Liability of Depositaries
Section 17 - Priority of Claims
Section 19 - Final Payment to Foreign Corporations or Non-Residents; Certificate
Section 20 - Compromise With Employers; Statement of Commissioner Filed
Section 21 - Deductions From Income Returnable for Taxation
Section 22 - Payment of Benefits in General
Section 23 - Payment of Benefits; Waiting Period
Section 24 - Eligibility for Benefits
Section 24a - Seasonal Employment
Section 25 - Disqualification for Benefits
Section 26 - Unemployment Benefits Received or Sought Under Laws of Another State or United States
Section 28 - Wages Not Included in Determination of Eligibility for Benefits
Section 29b - Child Support Obligations; Disclosure; Deductions
Section 29d - Worksharing Program; Application and Approval of Worksharing Plan; Benefits
Section 29e - Notification to Claimants; Tax Liability and Withholding
Section 29f - Uncollected Overissuance of Food Stamp Coupons; Disclosure; Deductions
Section 30a - Extended Benefits Program
Section 31 - Benefits in a Subsequent Benefit Year
Section 40 - Application for Review
Section 41 - Review by Board; Procedures; Findings of Fact; Decision; Judicial Review
Section 42 - Judicial Review; Procedures; Appeals; Rules
Section 42a - Commissioner Represented by Attorney General or Designated Attorney
Section 42b - Modification or Reversal of Decision; Recovery of Payments
Section 45 - Records and Reports of Employing Units; Verification
Section 47 - False Statements or Misrepresentations; Punishment; Evidence; Restitution
Section 47a - Utterance or Delivery of Insufficient Funds Check With Intent to Defraud; Punishment
Section 51 - Requisition From Trust Fund; Transfer to Commissioner
Section 53 - Unclaimed Balance in Benefit Account
Section 53a - Unemployment Trust Fund; Money Credited to Commonwealth's Account; Use; Records
Section 54 - Depositaries; Insurance Charge; Commingling Funds
Section 55 - Bond of Commissioner; Premiums Paid From Administrative Account
Section 57 - Requisitions From State Trust Fund; Investment Board; Deposits; Investments; Assistance
Section 58 - Employment Security Administration Account; Monies Received; Disposition
Section 58a - Contingent Fund; Establishment; Composition; Expenditures; Transfer
Section 59 - Liability on State Treasurer's Bond
Section 60 - Federal Moneys Allotted to Commonwealth Paid Into Accounts
Section 62 - State Advisory Council; Duties, Powers and Reports
Section 64a - List of Employers Qualified for Exemption Under Sec. 5i of Chapter 59; Confidentiality
Section 67 - Estimate of Liability of Employer Failing to Make Report or Return; Collection
Section 68 - Payment of Benefits Due a Deceased or Mentally Incapacitated Person
Section 69a - Charging Off Uncollectible Amounts
Section 69b - Set-Off Against Refunds; Notice; Review
Section 70 - Extent of Application of Rulings
Section 71 - Reconsideration of Determinations; Limitations; Notice; Appeals
Section 71a - Definitions Applicable to Secs. 71b to 71g
Section 71b - Closing of Facility; Report; Certification; Notice; Hearing; Appeal
Section 71d - Reemployment Assistance Program
Section 71e - Reemployment Assistance Fund; Health Insurance Benefits Fund
Section 71f - Eligibility for Reemployment Assistance Benefits
Section 71g - Eligibility for Health Insurance Benefits
Section 71h - Plant Closing Employers; Bills for Reemployment Assistance Benefits
Section 72 - Jurisdiction of Action to Enforce Statute; Entry Fee in Actions and Proceedings