In reply refer
to MUL


U. S. DEPARTMENT OF LABOR
MANPOWER ADMINISTRATION
WASHINGTON, D. C. 20210


UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 1136
July 19, 1971
TO:ALL STATE EMPLOYMENT SECURITY AGENCIES
SUBJECT:Draft Legislative Language to Implement the Java Decision
REFERENCE:UIPL No. 1126, dated June 14, 1971

Attached are an Explanatory Statement and the Text of draft legislative language for use by States in amending their laws to meet the requirement of section 303 (a) (1) of the Social Security Act, as construed by the U.S. Supreme Court, that benefits be paid promptly upon the issuance of a determination allowing benefits , without regard to any pending appeal period or appeal.

Also included is draft legislative language to authorize the transfer of cases involving difficult issues of fact or law and multiple claimants to the board of review for determination, following a fair and full hearing.

Procedural guides will soon be issued for State use in implementing the other requirement of section 303 (a) (1) , as construed by the U.S. Supreme Court, that determinations must be preceded by reasonable notice to the claimant and the employer of the time and place of a factfinding hearing in which each will be given full opportunity to present his position on the claim.


PAUL J. FASSER, JR. /s/
Deputy Assistant Secretary
for Manpower and
Manpmer Administrator

Attachments :
1. Explanatory Statement
2. Text of draft legislative language