Sunday, December 18, 2011

SEC. 342. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN STATES WITH PROGRAMS IN LAW


(a) PAYMENTS TO STATES.—
(1) IN GENERAL.—Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 341(a)) under the provisions of the State law


This is an example of how burdensome this recession has been.  The states will provide the payments to their recipients and then receive reimbursements as the State Secretary calculates the increase.  This is a fiscal nightmare for the states and the federal government if they are going to be accountable.  There is no action by government that should not be accountable, these are the people's monies.  


So, for the federal government to account for their disbursements, they will receive statements/invoices from the states and reimburse their costs.  That means the states has to have the cash flow to start the program in the first place and not all states have the same credit rating of the federal government.  So, if a state has to borrow money in order to carry out the program it may be at a higher rate than the federal government would pay.  That reeks havoc with budgets and politics, but, the people will be better off in the long run, so it has to go forward.  But, none of these people elected into office asked to be 'electorate sandpaper.'  These provisions are necessary, but, can be costly.  When Wall Street was supplied with a $700 billion fund for their lousy business model, they didn't even skim the surface of the damage they did to this country when they touted how they paid it back.  The problems these governments now have in protecting people from this collapse is on going.  The costs are enormous and the people innocent.  Buoy.



e. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.

That is not as terrible as I thought.  The estimates should never be wrong though.  A state could get in trouble if they are over estimating.  They might borrow far more than they will get in reimbursement and that would lead to abuse and potential an audit with repercussions.  So, the state officials have to know what they are doing to get the most accurate estimate.  I would decrease the amount by 10 to 15 percent and then return for more reimbursement once the figures were actual instead of estimated.

(3) LIMITATIONS ON PAYMENTS.—
(A) GENERAL PAYMENT LIMITATIONS.—No payments shall be 
made to a State under this section for short-time compensation paid to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment

These provisions do not apply to employees from seasonal, temporary or intermittent jobs. It would be abuse.  There is too much fluctuation in the nature of those jobs to be able to predict the outcome for payments and then recipients would get in trouble if they knew they were getting monies they really should not have.



(b) APPLICABILITY.—
(1) IN GENERAL.—Payments to a State under subsection (a) shall be available for weeks of unemployment—
(A) beginning on or after the date of the enactment of this Act; and
(B) ending on or before the date that is 3 years and 6 months after the date of the enactment of this Act.



(e) DEFINITIONS.—In this section


Nothing strange or unusual.



SEC. 343. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 
AGREEMENTS.
(a) FEDERAL-STATE AGREEMENTS.—
(1) IN GENERAL.—Any State which desires to do so may enter into, and 
participate in, an agreement under this section with the Secretary provided that such 
State's law does not provide for the payment of short-time compensation under a shorttime compensation program (as defined in section 3306(v) of the Internal Revenue Code 
of 1986, as added by section 341(a))


Participation by states is not mandatory nor does it have to be perpetual.  As a state recovers they can terminate this provision.
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Kim Jong Il is dead.  I guess Governor Richardson will be traveling.  Dog gone it, its Christmas.  


He was only 69 years old.  His son needs to come to terms with the fact longevity in North Korea is poor compared to other nations in the world.  He is younger and should appreciate longevity for himself and his people and work on the quality of life in North Korea and not military capacity.  Military capacity has its own way to shorten lives if wrongfully applied.  I am sorry he is dead.  I don't believe, by demonstration of power within the last few years, his son will be better for the North Korean people.
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There is also a disincentive for employers to invoke their furlough option.  It costs the employer monies to have employees receive unemployment.



(3) EMPLOYER PAYMENT OF COSTS.—Any short-time compensation plan 
entered into by an employer must provide that the employer will pay the State an amount 
equal to one-half of the amount of short-time compensation paid under such plan. Such 
amount shall be deposited in the State’s unemployment fund and shall not be used for 
purposes of calculating an employer’s contribution rate under section 3303(a)(1) of the 
Internal Revenue Code of 1986.


The state also gets reimbursed their entire 50% for benefits by the federal government.  Good.  The states are having enough problems.



(2) TWO-YEAR FUNDING LIMITATION.—States may receive payments under this section with respect to a total of not more than 104 weeks.

There is a disqualifier for states that legislate their own program that has a different definition of short-time compensation under section 3306(v) of the Internal Revenue Code of 1986, as added by section 341(a),...  The state has to adhere to the intentions of this law to qualify for reimbursement.


(f) DEFINITIONS.—In this section:


SEC. 344. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.
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In regard to North Korea and other nations that are not the five nuclear nations, there is a reason why they play brinkmanship.  There is a reason they have opposed any disarmament.  It is due to the over aggressive nature of the Right Wing leaders in USA.  The invasion into Iraq set the 'trustworthiness' of the USA back decades.  Back to the Cold War when it comes to nations such as North Korea.  


Kim watched how Saddam's Iraq was disarmed and then saw the death of the dictator.  The same happened with Libya.  First it was disarmed and then the rebels were provided assistance with their revolution.  The leaders of these nations now see themselves and their country falling into the same fate as Iraq.  There are a lot people dead in Iraq and Saddam had nothing to do with their deaths.  


It is too dangerous to let these countries continue their nuclear programs, it hurts the quality of life of their people, but, when these leaders reflect on the deaths in Iraq and the continued struggle now, they don't see disarmament as a method to peace, so much as a method to suffering.  That reality resulted from actions by the USA.  Iraq should not have happened.  The UN Inspectors were doing a superb job.  There was no WMD.  It has taken more than eight years to be able to leave Iraq after that huge blunder.  


What form of diplomacy is going to be effective if the American people continue to have leaders that act in aggression outside an understanding of 'legal war.'  The actions of Bush and Cheney nearly makes the State Department a place mute rather than empowered by national security policy.  To be honest, I sincerely don't expect Kim's son to be less of a military dictator so much as more of one.


I'll read more of this act tomorrow.  I'll start with SEC. 344. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS on page 110.


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