1. A. "Supplemental unemployment benefit plan" means a plan that provides for an employer to make payments to its employees during a temporary layoff that will supplement unemployment benefits received by the employees. The purpose of a supplemental unemployment benefit plan is to allow an employer the opportunity to keep the employer’s workforce intact during a temporary layoff.

2. B. Every supplemental unemployment benefit plan must meet the following requirements:

   1. 1. The plan shall provide for a payment from the employer to the employee each week during the temporary layoff to supplement unemployment benefits received by the employee;
   2. 2. The employer must be able to give a reasonable assurance that the separated employees will be able to return to work at the end of the temporary layoff; and
   3. 3. The overall plan must be in keeping with the statement of purpose set out in subsection A of this section.
3. C. The amount of supplemental unemployment benefit plan payments will not be deducted from the weekly benefit amount of an unemployment benefit claim.
4. D. All supplemental unemployment benefit plans must be approved by the Director of the Unemployment Insurance Division of the Oklahoma Employment Security Commission. The Director’s determination will be in writing and mailed to the employer’s last-known address. If an employer disagrees with the determination, an appeal can be taken pursuant to Section 3-115 of Title 40 of the Oklahoma Statutes.

Laws 2002, SB 1404, c. 452, § 7, emerg. eff. July 1, 2002.