Authorizing One-Hundred (100) Percent Federal Funding for SharedWork Ohio Benefits
WHEREAS, on January 31, 2020, Health and Human Services Secretary, Alex M. Azar II, declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID-19; and
WHEREAS, on March 9, 2020, I declared a State of Emergency in Executive Order 2020-01D; and
WHEREAS, in addition to a series of Executive Orders, the Ohio Department of Health Director has issued a series of special orders under Section 3701.13 of the Ohio Revised Code to prevent the spread of COVID-19 and to protect the life, health, and welfare of Ohioans; and
WHEREAS, on March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was designed to mitigate the economic effects of the COVID-19 pandemic in a variety of ways; and
WHEREAS, Section 2108 of the CARES Act provides for temporary 100 percent federal financing of Short-Time Compensation (STC) payments in a state with a STC program (as defined in section 3306(v) of the Federal Unemployment Tax Act (FUTA)) in its law, for the period not to exceed December 31, 2020; and
WHEREAS, the SharedWork Ohio program is Ohio’s version of the federal STC program, and it was found to be in federal conformity and enacted in Ohio on July 11, 2013; and
WHEREAS, Ohio Revised Code Sections 4141.50 – 4141.56 promulgate the SharedWork Ohio program’s authority; and
WHEREAS, pursuant to the CARES Act requirements, Ohio entered into an agreement with the Secretary of the United States Department of Labor on April 22, 2020 for full federal funding of STC benefit costs, and Ohio is required to authorize this program through statute or executive order; and
WHEREAS, on May 3, 2020, Unemployment Insurance Program Letter (UIPL) 21-20 was issued, and federal representatives confirmed that, in addition to contributory employers, states could authorize governmental and nonprofit organizations to receive the temporary full federal funding of this program.
NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, by virtue of the authority vested in me by the Constitution of the United States, specifically the implied police powers of the Tenth Amendment, the Constitution of the State of ohio, Article II, Section 5, the laws of this State, and the federal CARES Act do hereby order and direct that for the time period that the State receives full reimbursement by the federal Department of Labor for shared work compensation paid under the SharedWork Ohio program, no participating employers shall be charged for such benefits.
I signed this Executive Order on July 2, 2020, in Columbus, Ohio, and it shall take effect immediately and remain in full force until December 31, 2020 unless rescinded by me before that date.
Mike DeWine, Governor
Frank LaRose, Secretary of State