Acts, 1941.
— Chaps.
cent of amount of the sub-bid, the
is to be paid by the sub-bidder.
700, 701.
premium
for
1079
which bond
Section 7. The "Proposal Form (Sub-Bidder) " appended Fo^rtubto said section forty-four C is hereby amended by inserting Bidder)
at the end of the paragraph contained in the fourteenth to
the eighteenth hnes, inclusive, the following
and, if so
required by the general contractor or the awarding authority,
by an instrument in writing delivered or mailed by such contractor or authority to the undersigned, to furnish a performance bond with a surety company, authorized to transact
business in the commonwealth, as surety, in the sum of
twenty-five per cent of the contract sum, the premium for
which bond is to be paid by the undersigned,
so that said
paragraph will read as follows
The undersigned further agrees to be bound to the general contractor by the terms of the general conditions, drawings and specifications, and to assume toward him all the
obligations and responsibilities that he, by those documents,
assumes toward the owner, and, if so required by the general
contractor or the awarding authority, by an instrument in
writing delivered or mailed by such contractor or authority
to the undersigned, to furnish a performance bond with a
surety company, authorized to transact business in the commonwealth, as surety, in the sum of twenty-five per cent
of the contract sum, the premium for which bond is to be
paid by the undersigned.
Approved October 27, 1941:
:
—
—
,
—
An Act relative
to stay of judgment and execution in Qjiav 700
ACTIONS OF SUMMARY PROCESS.
Be
it
enacted,
etc.,
as follows:
Section 1. So long as this act continues in force, a stay
of judgment and execution may be granted under sections
nine to thirteen, inclusive, of chapter two hundred and
thirty-nine of the General Laws, for a period not exceeding
two months instead of one month as now provided by section nine of said chapter.
Section 2. This act shall not apply to pending causes of
action.
Section 3. This act shall take effect upon its passage,
and
shall
become inoperative on October first, nineteen hunApproved October 28, 19Jfl.
dred and forty-three.
An Act relative
to the payment of unemployment
Chap.70l
compensation benefits to persons upon termination of service in the military or naval forces of
the united states during the present national
emergency.
Whereas, The deferred operation of this act would tend Emergency
p""^*™"^'^to defeat its purpose, which is to expedite the payment of
unemployment compensation benefits to persons upon the
Acts, 1941.
1080
— Chap.
701.
termination of service by them in the military or na.val
forces of the United States during the present national
emergency, therefore it is declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.
Be
it
enacted,
etc.,
as follows:
Any
inducted into or who
any branch of the
military or naval service of the United States under the
terms of the Selective Service and Training Act of 1940, or
under Public Resolution
No. 96
76th Congress, or
Acts or Resolutions in amendment thereof, and terminates
such military or naval service, shall be entitled to receive
Section
1.
who
person
is
enlists or volunteers for induction into
—
—
weekly benefits for unemployment under the provisions of
chapter one hundred and fifty-one A of the General Laws,
—
as modified by this act, if
(a) He has filed a claim for
benefits at a date subsequent to his termination of active
military or naval service, but prior to the April first next
but one succeeding the date of such termination; and
(6) He has made application under the provisions of said
Selective Service and Training Act of 1940, or Public Resolution
No. 96
76th Congress, or Acts or Resolutions in
amendment thereof, for his former position in permanent
employment, if any, within forty days from his termination
of active military or naval service or has satisfied the director of the division of employment security that he has had
reasonable cause for not having made such application within
said period of forty days, and, in addition, has satisfied said
director that he has subsequently made reasonable effort to
re-enter his former position in permanent employment or
other suitable employment; and (c) He has been paid wages
of one hundred and fifty dollars or more in the base period
comdefined in said chapter one hundred and fifty-one
—
—
;
A
bined with the calendar year next succeeding such base
period, and is otherwise eligible for weekly benefits for
unemployment under the provisions of the employment
security law.
Section
2.
(a)
The aggregate amount
of benefits
pay-
able to such person shall be the total amount of benefits not
previously paid to him, based on the total of wages paid in
the base period, as so defined, effective at the time of induction or enlistment into service, plus the total amount of
benefits based on the total of wages paid during the calendar year next succeeding such base period. (6) The weekly
benefit rate for each week of unemployment shall be an
amount based on the highest quarterly wages paid during
the total period of time referred to in subsection (a) of this
section,
(c) The aggregate amount of benefits and weekly
benefit rate for unemployment under subsections (a) and
(b) of this section shall apply for the remainder of the benefit
year, as defined in said chapter one hundred and fiftyin effect at the time of such person's release from
one A,
Acts, 1941.
— Chap.
701.
active military or naval service and the balance of such aggregate amount of benefits to his credit at the end of such
benefit year, as "benefit year" is so defined, and the weekly
benefit rate for unemployment shall apply for the first full
benefit year after termination of active military or naval
service; provided, that in no benefit year shall benefits be
paid in an amount more than twenty times the weekly
benefit rate,
(d) If at the time of such person's first filing
of a claim for unemployment benefits after termination of
active military or naval service the aggregate amount of
benefits for his then current benefit year is greater under the
provisions contained in said chapter one hundred and fiftyone A than the amount otherwise provided for in this act
he shall in lieu thereof and if otherwise eligible under said
chapter one hundred and fifty-one A be paid the aggregate
amount of benefits and at the weekly rates under said
chapter and subject to provisions contained in said chapter.
Section 3. This act shall not apply where a person
elects to continue in the active military or naval service of
the United States beyond the compulsory period of his
enlistment or induction under the terms of the Selective
Service and Training Act of 1940 or under Public Resolution
No. 96
76th Congress or Acts or Resolutions in
—
—
amendment
thereof.
Section 4. For the purposes of employers' experience
wages paid in all base periods used in said chapter
one hundred and fifty-one A, as modified by this act, to
compute reserved benefits for an individual shall be deemed
to be wages earned in a single base period; provided, that
benefit wages used in such computation that were previously
charged to the experience of an employer shall not be
rating,
charged again.
Section 5. If, under an act of Congress, payments with
respect to the unemployment of persons who have completed a period of active military or naval service are payable by the United States, such persons shall be disqualified
for benefits with respect to any week until they have exhausted all their rights to such payments from the United
States.
Section 6. All provisions of the employment security
law, except as otherwise provided by this act, shall remain
in full force and effect.
Section 7. The director of the division of employment
security may take such action and prescribe such procedure
as he deems advisable or necessary for the administration
and enforcement of this act.
Approved October 28, 19/^1.
1081