Bank Deposit And Irs Notification

Changes in federal and state unemployment insurance legislation in 2012. (Unemployment Insurance in 2012).

Federal enactments extend federal funding for benefits provided by
the Emergency Unemployment Compensation and Extended Benefits programs,
require changes in the recovery of overpayments and work search
requirements, permit drug testing under certain conditions, and modify
the definition of the Short Time Compensation program

During 2012, two federal legislative enactments affected the
federal-state Unemployment Compensation Program. The federal enactments
extend and modify benefits under the Emergency Unemployment Compensation
program and the Extended Benefits program, as well as provide federal
funding to the states to cover costs for these programs. The methodology
used to calculate the “on” and “off” triggers for
the Extended Benefits program by providing a “look-back” of 3
years was also extended. Individuals receiving emergency unemployment
compensation are now required to conduct active work search, and states
are now required to provide reemployment and reemployment eligibility
assessment services to individuals receiving emergency unemployment
compensation.

Permanent changes to unemployment compensation law were also
enacted that include new work search requirements and mandatory recovery
of overpayments, including
interstate
  
adj.
Involving, existing between, or connecting two or more states.

n.
One of a system of highways extending between the major cities of the 48 contiguous United States.

Noun 1.
 and federal compensation, Federal
Additional Compensation, and emergency unemployment compensation.
Federal law now provides authority for states to drug test unemployment
compensation applicants in certain
circumstances

. The federal enactments
addressed
layoff

 prevention and reemployment of unemployment
compensation claimants with the enactment of provisions that allow the
U.S. Secretary of Labor to approve 10 temporary state demonstration
projects, a new definition of Short Time Compensation (
STC

STC Society for Technical Communication
STC Subject to Change
STC Surf the Channel
STC Sound Transmission Class
STC Singapore Turf Club
), by
permitting states to allow individuals eligible for emergency
unemployment compensation and extended benefits to participate in the
Self-Assessment Program. Federal law provided additional funding to
states to develop and implement the STC program and the Self-Employment
Assistance (SEA) program.

Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L.
112-96), enacted February 22, 2012

Emergency Unemployment Compensation program. The ending date for
the Emergency Unemployment Compensation program was extended for new
entrants from March 6, 2012, to January 2, 2013, and the ending date for

phaseout
  
n.
A gradual discontinuation.
 for current beneficiaries was eliminated; no emergency
unemployment compensation shall be payable for any week subsequent to
the last week ending December 29, 2012. The funding of emergency
unemployment compensation benefits from the general revenue of the U.S.
Department of Treasury and of
administrative costs

n.pl the overhead expenses incurred in the operation of a dental benefits program, excluding costs of dental services provided.
 from the employment
security administration account was authorized to continue.

The total unemployment rate triggers for emergency unemployment
compensation Tiers 1, 2, 3, and 4 were modified. Emergency unemployment
compensation Tier 1 had no changes. The maximum
entitlement

 to emergency
unemployment compensation Tiers 1, 2, 3, and 4 was modified.

The eligibility provisions were
amended
  
v. a·mend·ed, a·mend·ing, a·mends

v.tr.
1. To change for the better; improve:

2.
 to require that individuals

must be able to work, available for work, and actively seeking work
to qualify for emergency unemployment compensation. Actively seeking
work includes registering with an employment service office,
appropriately searching for work, maintaining a work search record, and
providing such record to the state upon request.

States are now required to immediately begin providing notification
to all emergency unemployment compensation claimants of the new
emergency unemployment compensation work search requirements and to
review or audit a minimum number of claimants’ work search records
that are selected randomly to ensure claimants are meeting the work
search requirements.

States are required to provide specific reemployment services and
in-person reemployment and eligibility assessments to individuals
establishing a new emergency unemployment compensation Tier 1 or 2 claim
on or after March 23, 2012. Individuals are required to participate for
receipt of emergency unemployment compensation unless they can show good
cause for failing to participate or complete the services. These
activities will be funded from the U.S. Department of Treasury general
fund in an amount equal to the estimated number of individuals who will
be provided such services, multiplied by $85.

Using the same procedures that are used to recover overpayments of
regular compensation, states are required to recover emergency
unemployment compensation overpayments by offset when an individual is
eligible for emergency unemployment compensation. The offset capped at
50 percent of the weekly benefit amount has been eliminated. The

overpayment
  
v. o·ver·paid , o·ver·pay·ing, o·ver·pays

v.tr.
1. To pay (a party) too much.

2. To pay an amount in excess of (a sum due).

v.intr.
To pay too much.
 recovery may not begin until an opportunity for a fair
hearing has occurred and the determination is final. Recovery may be
waived if the individual was not at fault and if the repayment would be
contrary to equity and good conscience.

The nonreduction rule prohibits states from modifying the method of

computation

 of regular compensation if it results in a lower average
weekly benefit amount of regular compensation. However, the Middle Class
Tax Relief and Job Creation Act provides that the nonreduction rule
shall not apply with respect to a state that has enacted a law before
March 1, 2012, that, on taking effect, would violate the nonreduction
rule. Effective March 24, 2012, states must pay any emergency
unemployment compensation entitlement before the payment of any
extended-benefits entitlement.

Extended Benefits program. The ending dates for the 100-percent
federal funding of extended benefits and for the provision expanding
extended-benefit eligibility were extended from March 7, 2012, to
December 31, 2012, and the ending date for phaseout for current
beneficiaries was extended from August 15, 2012, to June 29, 2013. The
ending date of the provision for the federal funding of the first week
of extended benefits in states with no waiting week was extended from
August 15, 2012, to June 29, 2013. The ending date permitting states to
temporarily modify the provisions concerning extended benefits
“on” and “off” indicators by increasing the
look-back period from 2 years to 3 years was extended from the period
ending on or before February 29, 2012, to the period ending on or before
December 29, 2012.

Overpayments. Overpayments of federal additional compensation may
be recovered by offsetting benefit payments.

State Reemployment Demonstration Projects. Up to 10 states are
permitted to conduct demonstration projects lasting 1 to 3 years to

expedite
  
tr.v. ex·pe·dit·ed, ex·pe·dit·ing, ex·pe·dites
1. To speed up the progress of; accelerate.

2.
 reemployment or to improve state effectiveness in implementing
state law on reemployment. States must complete projects by December 31,
2015. States are permitted to use unemployment compensation
administrative grant funds to administer an approved demonstration.
States may be granted approval to temporarily
waive

 provisions of
federal law regarding the withdrawal standard and the methods of
administration requirement. Unemployment insurance administrative grant
moneys may be used to fund demonstration projects.

Data exchange standardization. The U.S. Secretary of Labor is
required, along with the
Office of Management and Budget

, to
designate
  
tr.v. des·ig·nat·ed, des·ig·nat·ing, des·ig·nates
1. To indicate or specify; point out.

2. To give a name or title to; characterize.

3.
 a
data exchange standard for information, and data exchange standards must
be established for required reporting. Federal law established
parameters for both the data exchange standard and the reporting
standard.

Drug testing. States are permitted to test unemployment insurance
applicants for drugs and deny benefits to applicants who test positive
if the applicant was discharged for unlawful use of drugs or is only
available for suitable work in an occupation that regularly conducts
drug testing.

Short Time Compensation program. The definition of “Short Time
Compensation” or STC program is modified. States choosing to
operate an STC program must operate it consistently with the modified
definition. States are federally reimbursed 100 percent of certain STC
benefit costs for up to 3 years if operating a state STC program under
the modified definition. States without STC programs meeting the
modified definition are allowed to enter into an agreement with the U.S.
Secretary of Labor to operate a federal STC program for up to 2 years,
with the state receiving
reimbursement

 for one-half of the amount of STC
benefits paid under the agreement and the employer paying the other
one-half. Grants are available to states either for implementing or
improving the administration of or for promoting and enrolling in STC
programs meeting the modified definition.

Self-Employment Assistance program. The SEA program has been
expanded by providing states the
permissive
 adj. 1) referring to any act which is allowed by court order, legal procedure, or agreement. 2) tolerant or allowing of others’ behavior, suggesting contrary to others’ standards.


PERMISSIVE.
 authority to establish SEA
programs for individuals eligible for extended benefits and for
individuals eligible for emergency unemployment compensation. States
operating SEA programs for individuals eligible for extended benefits or
emergency unemployment compensation must follow the definition of an SEA
program, except for the modified language that includes, among other
things, a 1-percent limitation on the aggregate number of individuals
receiving an SEA allowance and the requirement that the program not
result in any cost to the Unemployment Compensation Trust Fund does not
apply.

American Taxpayer Relief Act of 2012 (Pub. L. 112-240), enacted
January 2, 2013

Emergency Unemployment Compensation. The ending date for the
Emergency Unemployment Compensation program was extended for new
entrants from January 2, 2013, to January 1, 2014; no emergency
unemployment compensation shall be payable for any week subsequent to
the last week ending December 28, 2013. The funding of emergency
unemployment compensation benefits from the general revenue of the U.S.
Department of Treasury and of administrative costs from the employment
security administration account was authorized to continue.

The total unemployment rate triggers for emergency unemployment
compensation Tiers 1, 2, 3, and 4 were not changed. Tiers 1 had no
changes for the emergency unemployment compensation Tier. The maximum
entitlement to emergency unemployment compensation Tiers 1, 2, 3, and 4
was not changed. The funding for reemployment services and reemployment
and eligibility assessment activities was extended through fiscal year
2014.

Extended Benefits program. The ending dates for the 100-percent
federal funding of extended benefits and the provision expanding
extended-benefit eligibility were extended from December 31, 2012, to
December 31, 2013, and the ending date for phaseout for current
beneficiaries was extended from June 29, 2013, to June 28, 2014. The
ending date of the provision for the federal funding of the first week
of extended benefits in states with no waiting week was extended from
June 29, 2013, to June 28, 2014. The ending date permitting states to
temporarily modify the provisions concerning extended benefits
“on” and “off” indicators by increasing the
look-back period from 2 years to 3 years was extended from the period
ending on or before December 29, 2012, to the period ending on or before
December 28, 2013.

State legislation

The following are the modified or new provisions in state
unemployment compensation laws, with the states that amended or included
that particular provision:

* Individuals will not be denied benefits under provisions
relating
to

 relate prep

 relate prep → ,  
 their availability for work, active search for work, or refusal to
accept work solely because they are seeking only part-time work
(California and Vermont).

* Individuals will not be
disqualified
  
tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies
1.
a. To render unqualified or unfit.

b. To declare unqualified or ineligible.

2.
 from receiving benefits
because they were separated from employment if their separation is due
to (1) a compelling family reason, such as domestic violence, illness,
disability of the individual’s immediate family, or sexual assault,
or (2) the individuals’ need to accompany their spouses to places
from which commuting is
impractical
  
adj.
1. Unwise to implement or maintain in practice:

2.
 because of a change in location of
the spouses’ employment (Washington).

* Individuals who have exhausted their rights to regular
unemployment compensation and who are enrolled in an approved training
program or in a job training program authorized under the Workforce
Investment Act of 1998 will be
entitled
  
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.

2. To furnish with a right or claim to something:
 to an additional amount of
benefits equal to 26 times their average weekly benefit amount for the
most recent benefit year. Such training programs will prepare
individuals who have been separated from a declining occupation or who
have been
involuntarily
  
adj.
1. Acting or done without or against one’s will:

2.
 separated from employment due to a permanent
reduction in operations at their place of employment for entry into a
high-demand occupation (Vermont).

The effective date of each provision varies with the state adopting
it.

Alabama

Financing. Benefits paid to an individual who leaves employment to

relocate
  
v. re·lo·cat·ed, re·lo·cat·ing, re·lo·cates

v.tr.
To move to or establish in a new place:

v.intr.
 with a spouse serving in the U.S. Armed Forces will not be
charged to the employer’s experience-rating account.

Nonmonetary eligibility. Unemployment benefits are allowed for
individuals who leave employment to permanently relocate because of
their active-duty spouse’s permanent change of station orders,

activation
 /ac·ti·va·tion/ ()
1. the act or process of rendering active.

2. the transformation of a proenzyme into an active enzyme by the action of a kinase or another enzyme.

3.
 orders, or unit deployment orders. This requirement applies
to separations occurring on or after August 1, 2012.

The 1-week waiting period for benefit years effective on or after
August 1, 2012 is restored.

Overpayments. Whoever
willfully
 adv. referring to doing something intentionally, purposefully and stubbornly. Examples: “He drove the car willfully into the crowd on the sidewalk.” “She willfully left the dangerous substances on the property.” (See: willful)
 makes a false statement or
representation or willfully fails to disclose a material fact to obtain
or increase any benefit payment under the state’s or any other
state’s or government’s unemployment insurance law, either for
him- or herself or for any other person, whether such benefit or payment
is actually received or not, shall be guilty of an offense and each such
false statement or representation shall constitute a separate and
distinct offense as follows:

* An aggregate amount involved in the offense that exceeds $2,500
in value shall constitute a class B
felony
 , any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.
.

* An aggregate amount involved in the offense that exceeds $500 but
does not exceed $2,500 shall constitute a class C felony.

* An aggregate amount involved in the offense that does not exceed
$500 shall constitute a class A
misdemeanor
 in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender’s property. By the 19th cent.
.

* Sentencing of individuals, upon conviction, for these offenses
shall follow the Criminal Code of Alabama.

*
In lieu of

 fines, any person found guilty shall be required to
pay
restitution

 to the Alabama Department of
Industrial Relations

pl.n.
Relations between the management of an industrial enterprise and its employees.


Noun, pl

the relations between management and workers
 in at
least the amount of benefits
fraudulently
  
adj.
1. Engaging in fraud; deceitful.

2. Characterized by, constituting, or gained by fraud:
 obtained.

Under prior law, such person was guilty of a misdemeanor and, when
convicted, was
punished
  
v. pun·ished, pun·ish·ing, pun·ish·es

v.tr.
1. To subject to a penalty for an offense, sin, or fault.

2. To inflict a penalty for (an offense).

3.
 by a fine of not less than $50 or more than $500
or
imprisonment

See also Isolation.

Alcatraz Island

former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218]

Altmark, the

German prison ship in World War II. [Br. Hist.
 for not longer than 12 months or both fine and
imprisonment.

In addition to any penalty or prosecution or the
deduction
 in logic, form of inference such that the conclusion must be true if the premises are true. For example, if we know that all men have two legs and that John is a man, it is then logical to deduce that John has two legs.
 of
benefits in an amount not less than 4 times his or her weekly benefit
amount and not more than the maximum benefit amount payable in a benefit
year, a
claimant

 who made a
fraudulent

 
misrepresentation

 to obtain
benefits to which he or she is not entitled shall be disqualified for
the 52-week period that immediately follows the final date of the fraud
determination and until the fraudulent overpayment has been repaid in
cash. For subsequent acts determined as fraudulent, a claimant shall be
disqualified for the 104-week period that immediately follows the final
date of the fraud determination and until the fraudulent overpayment has
been repaid in cash. Federal and state income intercepts used to satisfy
overpayments are to be considered cash payments.

All fraudulent overpayment balances shall
accumulate

 interest at
the rate of 2 percent per month on unpaid balances, shall be added to
the debt balance, and shall be deposited in the fraud interest penalty
account. A separate account designated as the fraud interest penalty
account is established. All fraudulent overpayment balances shall have
an additional minimum penalty of 15 percent that shall be deposited in
the state’s account of the Unemployment Insurance Trust Fund.

Arizona

Appeals. The period for all interested parties to file an appeal
concerning a disputed claim increases to 30 days (previously, 15 days)
from the date of mailing or electronic submission. An employer has 30
days (previously, 15 days) to appeal to the board if a request to revise
a final determination,
redetermination

, or decision of employee status
is refused. Certain criteria must be included in any appeal
determination or any redetermination related to an employee’s
status and any contribution rate redetermination or denial.

Coverage. The definition of “employee” is changed to
include indicators of control by the employing unit as follows:

* The individual’s hours or location of work

* The right to perform services for others

* Tools, equipment, materials, expenses, and use of other workers

* Other
indicia

 of employment

A determination notice that an employing unit constitutes an
employer, services performed constitute nonexempt employment, or

remuneration

 for services constitutes wages will become final within 60
days (previously, 15 days) after written notice is served by
certified
mail


n.
Uninsured first-class mail for which proof of delivery is obtained.

 (US) n →  
, if the determination was made on the basis of establishing an
employer-employee relationship, or by first-class mail if the
determination was made by any other basis.

Financing. A discharged employee shall be paid wages due within 7
working days (previously, 3 days) or the end of the next regular pay
period, whichever is sooner.

Until the amount of the annual federal unemployment insurance

excise tax

 is reduced to a percentage less than 6 percent (previously,
reduced to 6 percent or less), the 0.01 percent job training tax imposed
on each
contributory
  
adj.
1. Of, relating to, or involving contribution.

2. Helping to bring about a result.

3. Subject to an impost or levy.

n. pl.
 employer does not apply to employers

* with a positive reserve ratio of at least 13 percent,

* with a positive reserve ratio of at least 12 percent but less
than 13 percent,

* assigned the contribution rate of 2.0 percent or 2.7 percent, and

* with a negative reserve ratio.

Monetary entitlement. This provision changes the wage qualification
requirement for an individual’s wages paid in one quarter from
$1,500 to an amount that is equal to at least 390 times the minimum wage
that is in effect when the individual files a claim for benefits.

Nonmonetary eligibility. An unemployed individual shall be eligible
to receive benefits only if the Department of Economic Security finds
that such individual has both engaged in a systematic and sustained
effort to obtain work during at least 4 days of the week and has made at
least three work search contacts during the week. An individual shall be
disqualified for benefits for failing without cause to actively engage
in seeking work. An individual is considered to have refused an offer of
suitable work if an employer withdraws an offer of work after an
individual either

1. tests positive for drugs after a drug test given pursuant to
state law or on behalf of a prospective employer as a condition of an
offer of employment or

2. refuses, without good cause, to submit to a drug test that a
prospective employer requires as a condition of an offer of employment.

Benefits are denied to an instructional, research, or principal
administrative employee while in the employ of an entity that provides
these
professional services

 to or on behalf of an educational
institution between 2 successive academic years, during a similar period
between two successive or nonsuccessive regular terms, or during a
period of paid
sabbatical leave

 if the individual performed such
professional services in the first of such academic years or terms and
if there is a contract or a reasonable assurance that the individual
will perform professional services for any educational institution
entity that provides these services to or on behalf of an educational
institution in the second of such academic years or terms. This
between-terms denial to professionals also applies to vacation or
holiday periods within academic years or terms.

Benefits are denied to an employee in any other capacities while in
the employ of an entity that provides these services to or on behalf of
an educational institution between 2 successive academic years or terms
if the individual performed such services in the first of such academic
years or terms and if there is a reasonable assurance that the
individual will perform these services to or on behalf of an educational
institution in the second of such academic years or terms. However, if
benefits are denied and the individual was not offered an opportunity to
perform
nonprofessional
  
n.
One who is not a professional.


nonpro·fes
 services on behalf of an educational institution
entity that provides these services to or on behalf of an educational
institution, the individual is entitled to a
retroactive

 payment of
benefits for each week a timely claim was filed. This between-terms
denial to nonprofessionals also applies to vacation or holiday periods
within academic years or terms.

“Contract educational provider” means a private
for-profit entity that is approved by the Department of Education to
provide, and does provide, special education services to pupils from
schools that offer instruction in
kindergarten
 [Ger.,=garden of children], system of preschool education. Friedrich Froebel designed (1837) the kindergarten to provide an educational situation less formal than that of the elementary school but one in which children’s creative play instincts would be
 programs and grades 1 to
12.

Notwithstanding any other provisions of law, benefits are denied to
an individual between 2 successive academic years or terms on the basis
of services performed under a contract with an educational provider if
the following conditions are met:

* The individual performs the services in the first of the
successive academic years or terms.

* A reasonable assurance exists that the individual will perform
the same services in the second of the academic years or terms.

If an individual is denied benefits based on services performed
under contract with an educational provider and the individual was not
offered a contract for the second successive academic year or term, the
individual is entitled to retroactive payments of benefits, provided a
timely claim was filed. Unemployment benefits are denied to an
individual on the basis of services performed under a contract with an
educational provider for any week that begins during an established and
customary vacation period or holiday recess if there is reasonable
assurance that the individual will perform the same services after the
period or recess and that he or she was performing the same services in
the period immediately before the period or recess.

The provisions regarding services for a charter school are as
follows:

1. Notwithstanding any other law, benefits that are based on
services for a charter school shall not be paid to an individual for any
week of unemployment that begins during a period between 2 successive
academic years or terms if the individual performs these services in the
first of the successive academic years or terms and there is a
reasonable assurance that the individual will perform the same services
in the second of the academic years or terms. However, if benefits are
denied to any individual under this
subsection

Noun

any of the smaller parts into which a section may be divided

Noun 1. subsection – a section of a section; a part of a part; i.e.
 and that individual was
not offered an opportunity to perform these services for the employer
for the second successive academic year or term, the individual is
entitled to a retroactive payment of benefits for each week the
individual filed a timely claim for benefits and the benefits were
denied solely by reason of this subsection.

2. Benefits that are based on services for a charter school, as
described in section 15181, shall not be paid to an individual for any
week of unemployment that begins during an established and customary
vacation period or holiday recess if the individual performs these
services in the period immediately before the vacation period or holiday
recess and if there is a reasonable assurance that the individual will
perform the services in the period immediately following the vacation
period or holiday recess.

California

Extensions and special programs. The operational date of the
California Training Benefits Program was extended from January 1, 2015,
to January 1, 2019. A determination of automatic eligibility for these
training benefits must be issued to a permanent or
probationary
  
n.
1. A process or period in which a person’s fitness, as for work or membership in a social group, is tested.

2.
a.
 public
school teacher who is a participant in a
credential
 verb To determine or verify titles, qualifications, documents, completion of required training, and continuing education, in those persons who function in a professional or official capacity–eg, ER physician, neurosurgeon, etc. Cf Credentials.
 preparation program
or training program approved or
accredited

 by the Commission on Teacher

Credentialing

 for additional certification in math, science, or special
education, for kindergarten and grades 1 to 12, inclusive, and was laid
off, effective January 1, 2014.

Financing. The Employment Development Department is authorized to
provide new hire information to the Joint Enforcement Strike Force on
the Underground Economy, the Contractors’ State License Board, and
the
State Compensation Insurance Fund

. These agencies must execute on or
before July 1, 2013, a
memorandum of understanding

 regarding the
administration and enforcement of reporting and payroll duties relating
to contractors.

An employer’s reserve account is not relieved of charges
relating to a benefit overpayment established on or after October 22,
2013, if the Employment Development Department determines that the
payment was made because the employer, or an agent of the employer, was
at fault for failing to respond timely or adequately to requests from
the department for information relating to the individual claim for
unemployment compensation benefits, as provided.

The cost of benefits charged to an employer electing to pay the
cost of benefits into the Unemployment Fund in lieu of paying
contributions includes credits of benefit overpayments actually
collected by the department, unless the department determines that the
payment was made because the entity, or an agent of the entity, was at
fault for failing to respond timely or adequately to requests from the
department for information relating to the individual claim for
unemployment compensation benefits, as provided. This provision would
apply to benefit overpayments established on or after October 22, 2013.

Employers must report the hiring of any employee who previously
worked for the employer but had separated from such prior employment for
at least 60 consecutive days.

For penalty assessments established on and after October 22, 2013,
the fraudulent overpayment assessment of 30 percent of the amount of

overpaid
  
v. o·ver·paid , o·ver·pay·ing, o·ver·pays

v.tr.
1. To pay (a party) too much.

2. To pay an amount in excess of (a sum due).

v.intr.
To pay too much.
 benefits must be deposited as follows: 50 percent into the
Unemployment Fund and 50 percent into the Benefit Audit Fund. Under
previous law, the entire amount of the overpayment assessment was
required to be deposited into the Benefit Audit Fund.

Colorado

Extensions and special programs. The payment of enhanced
unemployment compensation benefits was extended through June 30, 2014.
(The benefits were scheduled to
expire
 /ex·pire/ ()
1. to exhale.

2. to die.


v.
1. To breathe one’s last breath; die.

2. To exhale.
 on June 30, 2012.) Eligibility
for these benefits has been expanded to claimants receiving extended
benefits and military or federal unemployment compensation. The
requirement for training in a high-demand occupation is
deleted

.

The Division of Employment Insurance may seek, accept, and
expend
  
tr.v. ex·pend·ed, ex·pend·ing, ex·pends
1. To lay out; spend:  See Synonyms at spend.

2.
 gifts, grants, and donations from private or public sources to pay for
administration of the program, subject to annual
appropriation

 by the
General Assembly. The division is required to notify the Legislative
Council when it has received adequate funding from such gifts, grants,
and donations. (The enhanced unemployment compensation benefits program
is to be repealed July 1, 2015.) A payment of $8 million for enhanced
benefits is authorized for fiscal years 2013 and 2014. Another $47
thousand is appropriated for implementation of the program.

The definition of “approved training program” has been
expanded to include employer-based entrepreneurial training and
entrepreneurial training that is part of the sea program; an employer or
any other entity that provides
apprenticeship
 system of learning a craft or trade from one who is engaged in it and of paying for the instruction by a given number of years of work. The practice was known in ancient Babylon, Egypt, Greece, and Rome, as well as in modern Europe and to some extent
 or entrepreneurial
training is added to the definition of “training program
provider.”

Financing. The Division of Unemployment Insurance may issue revenue
bonds when the monthly balance in the Unemployment Compensation Fund is
equal to or less than 0.9 of 1.0 percent of the total wages reported by
ratable employers for the calendar year or for the most recent four
consecutive quarters prior to the last computation date. The Governor,
the
state Treasurer

, and the Executive Director of the Colorado
Department of Labor and Employment are required to
certify
  
v. cer·ti·fied, cer·ti·fy·ing, cer·ti·fies

v.tr.
1.
a. To confirm formally as true, accurate, or genuine.

b.
 

* that the issuance of bonds is the most cost-effective means
compared with other funding alternatives considered,

* the amount of money required to maintain adequate balances in the
fund or to repay advances, and

* the amount of bonds to be issued.

The state Department of Labor and Employment must certify bond
issuance would not result in decertification of Colorado’s
unemployment insurance program, affect any cap application, affect the
receipt of emergency unemployment compensation funds, or result in the
loss of
federal funds

, penalties, and
sanctions

.

An unemployment bond repayment account is created for all
non-principal-related bond costs and provides that funds for
non-principal-related costs be deposited in the bond repayment account.

The
surcharge

 tax is repealed December 31 of the calendar year that
the trust fund balance on June 30 is equal to or greater than zero and
all advances have been repaid.

The rate increases for unrated employers, ranging from 0.0296 to
0.0465 depending on the reserve ratio, are eliminated from the premium
rate schedule used when the unemployment insurance fund is
solvent
 constituent of a solution that acts as a dissolving agent. In solutions of solids or gases in a liquid, the liquid is the solvent. In all other solutions (i.e.
 and
sets the rate at 0.0170, regardless of the reserve ratio. The new
provision specifies that new employers pay the same premiums as unrated
employers, or at the computed rate, whichever is higher, unless 12
consecutive calendar months have passed immediately preceding the
computation date during which an employer’s account has been
chargeable with benefit payments.

Connecticut

Financing. The method used to calculate the amount of money the
state Unemployment Compensation Fund should contain changed. The
administrator will establish a fund balance tax rate sufficient to
maintain a balance in the Unemployment Compensation Trust Fund that
results in an average high-cost multiple

* equal to 0.5 for each calendar year, commencing with calendar
year 2013;

* that is increased by 0.1 from the preceding calendar year,
commencing with calendar year 2014 and ending with calendar year 2018;
and

* equal to 1.0, commencing with calendar year 2019.

If the established fund balance tax rate results in a fund balance
in excess of the amount
prescribed
  
v. pre·scribed, pre·scrib·ing, pre·scribes

v.tr.
1. To set down as a rule or guide; enjoin. See Synonyms at dictate.

2. To order the use of (a medicine or other treatment).
 as of December 30 of any year, in the
next year following, a fund balance rate sufficient to eliminate the
excess fund balance amount shall be established. (Previous law provided
that before calendar year 2013, a fund balance tax rate had to be
established that was sufficient to maintain a trust fund balance equal
to 0.8 percent of the total wages that contributing employers paid to
covered workers during the year ending the last preceding June 30.)

The law changed by providing that the assessment levied by the
administrator at any time during a calendar year commencing on or after
January 1, 2013, will not exceed 1.4 percent and will not be calculated
to result in a fund balance greater than the amounts prescribed. (Prior
law provided that from January 1, 1999, to December 31, 2012, the
assessment will not exceed 1.4 percent and will not be calculated to
result in a fund balance greater than 0.8 percent of such total wages.)

The average high-cost multiple will be computed as follows: The

numerator
 Epidemiology The upper part of a fraction
 will be the result of the balance of the Unemployment
Compensation Trust Fund on December 30 immediately preceding the new
rate year divided by the total wages that contributing employers paid to
covered workers for the 12 months ending on the December 30 immediately
preceding the new rate year, and the
denominator
 
 will be the average of
the three highest calendar benefit cost rates in (1) the last 20 years
or (2) a period including the last three recessions, whichever is
longer. Benefit cost rates are computed as benefits paid, including the
state’s share of extended benefits but excluding
reimbursable
  
tr.v. re·im·bursed, re·im·burs·ing, re·im·burs·es
1. To repay (money spent); refund.

2. To pay back or compensate (another party) for money spent or losses incurred.
 benefits as a percent of total wages in covered employment. The results
rounded to the next lower one
decimal place

n.
The position of a digit to the right of a decimal point, usually identified by successive ascending ordinal numbers with the digit immediately to the right of the decimal point being first:
 will be the average
high-cost multiples.

District of Columbia
 federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).
 

Administration. All correspondence, notices, determinations, or
decisions may be transmitted to claimants, employers, or necessary
parties by electronic mail or other means of communication; the
claimant, employer, or necessary party may select from the alternative
methods.

All correspondence, notices, determinations, or decisions that the
Director of Department of Employment Services issues may be signed by an
electronic signature that complies with the requirements of District of
Columbia Official Code, Section 28-4917, and Mayor’s Order
2009-118, issued June 25, 2009.

Extensions and special programs. The temporary total unemployment
rate trigger and 3-year look-back provisions based on the Extended
Benefits program were extended to the week ending 4 weeks prior to the
last week of unemployment for which 100 percent of most federal sharing
is available. (The provision expires October 13, 2012.)

The ending effective date for the temporary federal-state Extended
Benefits program provisions concerning the optional
seasonally adjusted

 total unemployment rate trigger and the 3-year look-back were extended
to the week ending 4 weeks prior to the last week for which the federal
government pays 100 percent of most extended-benefits costs. (This
provision is applicable as of March 3, 2012, is temporary, and is
subject to congressional review.) The District’s additional
benefits program is repealed.

Financing. The 0.6-percent contribution rate assessment on
employers to finance the additional benefits program was repealed.

Florida

Administration. The Agency for Workforce Innovation is renamed the
Department of Economic Opportunity. The state Unemployment Compensation
Program is renamed “Reemployment Assistance Program.”

The department must establish a
numeric

 score on the initial skills
review that demonstrates a minimum
proficiency
  
n. pl. pro·fi·cien·cies
The state or quality of being proficient; competence.

Noun 1. proficiency – the quality of having great facility and competence
 in workforce skills. A
claimant has the option to undergo workforce skills training if he or
she scores below this standard. Workforce skills training will be
provided at no cost to individuals to improve skills at their minimum
proficiency level. The department must develop best practices, evaluate
the training, and report findings and recommendations to the Governor,
the President of the Senate, and the Speaker of the House of
Representatives by January 1, 2013.

The confidentiality and disclosure provisions were modified by
providing that information revealing an employing unit’s or
individual’s identity is confidential and that the release of such
information must
conform to

 certain federal regulations.

Extensions and special programs. The meaning of “emergency
benefits” was modified to benefits that are paid pursuant to Public
Law 110-252 and any subsequent federal law that provides for the payment
of emergency unemployment compensation.

The federally funded temporary Extended Benefits program based on
the total unemployment rate and the high-unemployment period was
extended through March 11, 2012.

Financing. An employee leasing company is allowed to make a
one-time
irrevocable

 election to report and pay state unemployment
compensation taxes under the respective unemployment account of each
client. The election to use the client option would apply to all current
and future clients of the employee leasing company and would apply to
any unemployment compensation reports and taxes owed beginning in
calendar year 2013. An existing employee leasing company is required to
notify the state Department of Revenue of its election by July 1, 2012.
However, a new employee leasing company is required to inform the
Department of Revenue of its election within 30 days of formation. If
any employee leasing company fails to timely inform the Department of
Revenue of its election to use the client option, such entity would be
required to report leased employees under the employee leasing
company’s tax identification number and contribution rate.

The Department of Economic Opportunity is authorized to not charge
the accounts of employers that are forced to lay off workers because of
an
oil spill
 see water pollution.
, terrorist attack, or other similar disaster of national
significance that is not a declared natural disaster under the Robert T.

Stafford Disaster Relief and Emergency Assistance Act

.

Monetary entitlement. The denial of benefits to employees of an
educational institution is also applicable to employees of a private
employer holding a contractual relationship with an educational
institution, but only if the base-period wages attributable to such
services are identified in the quarterly wage report, effective July 1,
2013.

Nonmonetary eligibility. Individuals who are union members are
authorized to satisfy work search requirements by reporting daily to
their union hall. Additionally, the work search requirements do not
apply to individuals who are laid off temporarily or participating in
STC plans.

The number of weekly employer contacts was reduced from five to
three for individuals who reside in a small county and are engaging in
systematic and sustained efforts to find work.

Overpayments. A
disqualification
  
n.
1. The act of disqualifying or the condition of having been disqualified.

2. Something that disqualifies:
 for making a fraudulent claim
begins with the week the fraudulent claim is made and continues up to 1
year after the date the department discovers the fraudulent claim and
until any fraudulent overpayments are repaid in full.

The
statute of limitations

 related to the collection of
reemployment assistance fraudulent overpayments was amended by providing
that the commencement of collections must be initiated within 7 years
after the redetermination or decision (previously, the commencement had
to be initiated within 5 years) and the collection of reemployment
assistance nonfraudulent overpayments within 7 years (previously, within
3 years).

Georgia

Financing. The provisions relating to the statewide reserve ratio
were amended by providing that for the period of January 1 through
December 31, 2013, and each calendar year thereafter, the overall
increase in the required rate shall be
suspended
  
v. sus·pend·ed, sus·pend·ing, sus·pends

v.tr.
1. To bar for a period from a privilege, office, or position, usually as a punishment:
, except if the
statewide reserve ratio, as calculated, is less than 1.25 percent on the
computation date for rates applicable to calendar year 2013 or any
calendar year thereafter. Then for each such year, the commissioner of
the Georgia Department of Labor shall have the option of imposing an
increase in the overall rate of up to 50 percent, as of the computation
date, for each employer whose rate is computed under a rate table in the
law, provided, however, that if any Title XII funds that the
commissioner borrowed are unpaid or if the state Unemployment
Compensation Fund balance is less than $1 billion, the commissioner
shall impose an increase in the overall rate of 50 percent, as of the
computation date, for each employer whose rate is computed under a rate
table in the law.

The taxable wage base increased from $8,500 to $9,500 beginning
January 1, 2013, and each year thereafter.

Monetary entitlement. The formula for
computing

 the maximum
benefits payable to an individual changed from 26 times the weekly
amount or one-fourth of the base-period wages to 14 times the weekly
benefit amount, if the state’s average unemployment rate is at or
below 6.5 percent, with an additional weekly amount added for each
0.5-percent
increment

 in the state’s average unemployment rate
above 6.5 percent up to a maximum of 20 times the weekly benefit amount
if the state’s average unemployment rate equals or exceeds 9
percent or one-fourth of the base-period wages. This provision also
applies to job training program benefits, effective July 1, 2012.

The term “state’s average unemployment rate” means
the average of the adjusted statewide unemployment rates as published by
the Georgia Department of Labor for the periods of April 1 through April
30 and October 1 through October 31. The average of the adjusted
statewide unemployment rates for the period of April 1 through April 30
shall be effective on and after July 1 of each year and shall be
effective through December 31. The average of the adjusted statewide
unemployment rates for the period of October 1 through October 31 shall
be effective on and after January 1 of each year and shall be effective
through June 30, effective July 1, 2012.

Hawaii

Financing. Notwithstanding the ratio of the current reserve fund to
the adequate reserve fund, contribution rate schedule F shall apply for
calendar year 2012. For schedule F, the minimum rate is 1.2 percent and
the maximum rate is 5.4 percent.

The moneys in the employment and training fund may be used for
funding the payment of interest due on Title XII advances made to the
state Unemployment Compensation Fund.

The employment and training fund assessment rate of 0.01 percent of
taxable wages shall be used to pay interest on Title XII advances, if
interest is due. The Director of the Hawaii Department of Labor and
Industrial Relations shall have the discretion to determine the amount
of the assessment rate for calendar year 2012 in increments of 0.01
percent. Notwithstanding any provisions of law to the contrary, any
amount collected but not applied to interest payments due in 2012 shall
not be returned
retroactively
  
adj.
Influencing or applying to a period prior to enactment:


[French rétroactif, from Latin
 to any employer and shall be retained in
the employment and training fund. (The provisions in this paragraph and
the preceding paragraph relating to Title XII advances shall be repealed
on January 1, 2013, and the statutes shall be reenacted in the form in
which they read on December 31, 2010.)

Monetary entitlement. The maximum weekly benefit amount shall be
calculated at 70 percent of the average weekly wage from January 1,
2012, to March 31, 2012, and at 75 percent of the average weekly wage
from April 1, 2012, to December 31, 2012. Beginning on January 1, 2013,
the maximum weekly benefit amount shall be calculated at 70 percent of
the average weekly wage. The maximum weekly benefit amount is $523 from
January 1, 2012, to March 31, 2012, and increases to $560 from April 1,
2012, to December 31, 2012.

Illinois

Coverage. The term “newly hired employee” means an
employee who either has not previously been employed by the employer or
was previously employed by the employer but has been separated from that
prior employment for at least 60 consecutive days.

Financing. Employers must be charged for benefits
improperly
  
adj.
1. Not suited to circumstances or needs; unsuitable:

2.
 paid
when the employer, or agent of the employer, was at fault for failing to
respond timely or adequately to a request for information relating to
the claim and when the employer or agent has a pattern of failing to
respond timely or adequately to such requests.

Employers submitting wage reports electronically must submit wage
reports on or before the last day of the month following the calendar
month in which the wages were paid. All other employers must submit wage
reports on or before the last day of the month following the calendar
quarter in which the wages were paid.

For group accounts, penalties assessed for employers failing to
file a timely and sufficient report of wages and that are not paid by
the group when due on the calendar month or quarter, as the case may be,
shall be in an amount that bears the same ratio to the total penalties
due on such month or quarter as the total wages for insured work paid by
such member during such month or quarter bear to the total wages for
insured work paid during the month or quarter by all members of the
group.

To conform to the monthly reporting requirements of the Save
Medicaid Access and Resources Together or smart Act, technical changes
were made to include in its rules language providing for certain
employers to file monthly wage reports. Obsolete language relating to
employee leasing companies satisfying reporting requirements for either
or both of the third and fourth calendar quarters was deleted.

Penalties are waived for failure to file monthly wage reports for
January, February, April, May, July, August, October, and November 2013
and January, February, April, and May 2014 for employers with 25 or more
employees but fewer than 50; for January, February, April, May, July,
August, October, and November 2013 for employers with 50 or more
employees but fewer than 100; and January, February, April, and May of
2013 for employers with 100 or more employees but fewer than 250.

Monetary entitlement. The statewide average weekly wage is $856.55
(previously, $406.00) for calendar year 2012 and each year thereafter.

For calendar year 2012, the child dependent rate will not be less
than 17.0 percent or greater than 17.9 percent. (Previously, the rate
was not less than 17.1 percent or greater than 18.0 percent.)

Overpayments. A 15-percent additional penalty must be assessed when
an individual knowingly makes a false statement or fails to disclose a
material fact and receives benefits for which he or she is not eligible.
Penalties shall be deposited in the state Unemployment Fund.

Louisiana

Coverage. The definition of “employment” excludes
services performed by individuals who meet the statutory definition of
an owner-operator. “Owner-operators,” as defined in Revised

Statue

 23:1021(10), are independent contractors that provide trucking
transportation services under written contract to a common carrier,
contract carrier, or exempt haulers, to include the lease of equipment
or a driver to the common carrier, contract carrier, or exempt hauler.
The definition of owner-operator does not include an individual driver
who purchases his or her equipment from the carrier or hauler and then
directly leases the equipment back to the carrier or hauler with the
purchasing driver.

State agency procedures for handling the
misclassification of
employees as independent contractors

 are outlined to include written
warning, administrative penalties, and civil penalties. Employers must
post information about the responsibilities of independent contractors
to pay taxes, the rights of employees to worker’s compensation and
unemployment benefits, protections against
retaliation

, and penalties
for employer misclassification of employees.

Nonmonetary eligibility. A temporary employee of a staffing firm
will be disqualified for benefits if, upon conclusion of his or her
latest assignment, he or she fails without good cause to contact the
staffing firm for reassignment. Disqualification does not apply if the
temporary employee is not advised at the time of hire that he or she
must report for reassignment upon the conclusion of each assignment and
that unemployment compensation benefits may be denied for failure to do
so.

Overpayments. A recreational hunting or fishing license will be
suspended or denied for failing to pay an unemployment compensation
overpayment obligation.

The words “license” and “obligor” are defined.
The Louisiana Workforce Commission may notify an obligor by certified
mail of an overpayment
delinquency

 and the intention of the commission
to submit the obligor’s name to the licensing agency for a
suspension of license. The procedure for the license suspension and the
periods for the suspension and
reinstatement

 of a license have been
established. The certification of noncompliance and the compliance
release certificate may be issued electronically.

When any delinquencies are paid, the commission must issue a
compliance release certificate indicating that the obligor is eligible
to have his or her license reissued and that the licensing authority
will issue,
reissue
  
v. re·is·sued, re·is·su·ing, re·is·sues

v.tr.
To issue again, especially to make available again.

v.intr.
To come forth again.

n.
1.
, renew, or otherwise extend the obligor’s
license upon receipt of the compliance release certificate. All
interest, fines, and penalties collected from claimants must be paid
into the employment security administration fund, except as otherwise
provided.

The Executive Director of the Louisiana Workforce Commission is
allowed to require employers to electronically file all registrations
and status reports due after January 31, 2014.

Benefits charged after a requalification of a claimant will not be
charged against the experience-rating account of an employer when all
the following occur:

1. The employer timely filed a separation notice alleging
disqualification.

2. Either a response to a notice of claim filed or a response to a
notice to the base-period employer has been filed.

3. The separation of the employee from the employer was determined
to be under
disqualifying
  
tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies
1.
a. To render unqualified or unfit.

b. To declare unqualified or ineligible.

2.
 conditions.

Each employer must file with the administrator a separation notice,
containing specific information, for each employee who leaves its employ
for any potentially disqualifying cause and deliver the notice to the
administrator and the separated employee.

Current law provides that an individual shall be disqualified for
benefits for the 52 weeks immediately following the week in which he or
she was determined to have committed a fraudulent act relating to
obtaining or increasing benefits. Current law was amended to apply the
disqualification to the remainder of the benefit year after the
commission of the fraudulent act and then continuing for the 52 weeks
following the determination of the fraudulent act.

If an administrator obtains information indicating that a claimant
has earned any unreported wages for weeks claimed before the
administrator renders a determination on the issue, the claimant will be
notified by mail or other delivery method. The claimant will have 7 days
from the date of mailing to respond, or if notice is not by mail, the
claimant will then have 7 days from the delivery date of such notice to
respond.

The period for which a fraudulent claim for repayment can be
recovered was increased from 5 years to 10 years from the date the
administrator determines that repayment is due.

If benefits were not gained through fraud and if the overpayment
was not the fault of the claimant and the recovery would be against
equity and good conscience, a
waiver

 may be issued. Any fraudulent acts
determined will preclude the granting of a waiver and contain factsheets
to be considered in determining whether the recovery will be against
equity and good cause. The period for recovery of a claim for repayment
of nonfraud benefits increased from 3 years to 5 years.

If overpayment of benefits is determined to be due to the employee
committing fraud, a civil penalty will be assessed for $20 or 25
percent, whichever is greater, of the total of overpayment debt.
Additionally, 15 percent of any such overpayment amounts collected must
be deposited with the U.S. Secretary of the Treasury to credit the
account of the state Unemployment Trust Fund, and 10 percent of such
overpayment must be deposited in the penalty and interest account to
offset collection expenses.

A penalty will be assessed if the claimant does not voluntarily
repay overpaid benefits within 30 days after the claimant’s appeal
rights have been exhausted and the determination becomes final, unless
the claimant entered into a voluntary repayment plan and has timely made
all refunded payments.

The
withholding

 of penalties from amounts recovered by an offset
from unemployment compensation benefits is
prohibited
  
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority:  See Synonyms at forbid.

2.
. Any employer
against which an assessment has been levied and that has exhausted
appeal rights is prohibited from submitting a bid or proposal for any
public contracts until full payment of the amount due under the
assessment is made.

Maine

Financing. The amount of time that an employer may employ a worker
without being charged for unemployment benefits increases from 5 weeks
to 6 weeks. The experience rating record of the most recent employer may
not be charged with benefits paid to a claimant whose work record with
that employer totaled 6 consecutive weeks or less of total or partial
employment. This provision is repealed March 14, 2014. The number of
weeks that an employer may employ a worker without being charged for
unemployment benefits will decrease to 5, effective March 14, 2014.

Certain out-of-state businesses are permitted to conduct operations
in Maine during times of declared state disaster or emergency without
having to register, file, and
remit

 unemployment compensation
contributions in Maine.

Nonmonetary eligibility. The weekly benefit amount will be reduced
by the full prorated weekly amount of the pension received if the
individual did not contribute to the plan. The benefit amount may not be
reduced below zero.

An individual must actively seek work, unless participating in
approved training or the work search requirement is waived, and must
provide evidence of the work search efforts in the manner prescribed.
Failure to provide required documentation will result in a denial of
benefits for the week or weeks of documentation not provided unless good
cause is found.

Failure to participate in reemployment assessment services when
referred by the Maine Department of Labor will result
in denial
 Psychiatry To be in a state of denying the existence or effects of an ego defense mechanism. See Denial.
 of
benefits until the individual participates in the services, unless there
is good cause for failure to participate. For purposes of work
registration, ability and availability for work, and reemployment
eligibility assessment and services, “good cause” is defined
as follows:

* The individual is ill.

* The individual’s presence is required because of the illness
of the individual’s spouse, children, parents, stepparents,
brothers or sisters, or relatives acting in the capacity of a parent (of
either the unemployed individual or spouse).

* The individual is attending the funeral of one of the persons
listed above.

* The individual is observing a religious holiday required by
religious conviction.

* The individual is performing military or civil duty as required
by law.

* The cause is of a
necessitous
  
adj.
1. Needy; indigent.

2. Compelling; urgent.


[French nécessiteux, from Old French, necessary, from necessite, necessity; see
 and compelling nature, including
childcare or transportation emergencies.

“Good cause” does not include
incarceration

 as a result
of a conviction for a felony or misdemeanor.

An individual discharged or suspended for
misconduct

 will be
disqualified until the individual has earned 8 times the weekly benefit
amount (previously, the amount was 4). An individual who refuses
suitable work will be disqualified until the individual earns 10 times
the weekly benefit amount (previously, the amount was 8). Earnings may
not be considered when determining suitable work for an individual after
the first 10 consecutive weeks (previously, 12 weeks) of unemployment.

An individual will be disqualified for any week that the individual
receives vacation pay in an amount exceeding the equivalent of 4 weeks
wages; however, if the vacation pay is less than the benefits due, the
weekly benefit amount shall be reduced by the amount of the
remuneration. Vacation pay paid to the individual prior to notification
of the employer’s intent to terminate is not considered
remuneration for this purpose.

Overpayments. An individual guilty of unemployment fraud is guilty
of theft by
deception
 n. the act of misleading another through intentionally false statements or fraudulent actions. (See: fraud, deceit)
 under Title 17-A, Section 354, of the Maine
criminal code (previously, a class D crime; now determined by the amount
of fraud, ranging from class B to class E).

An individual must be disqualified for a third occurrence of a
false statement or misrepresentation in the application for benefits for
a period to be determined by the commissioner of the Maine Department of
Labor (previously, 6-12 months).

Maryland

Administration. The following confidentiality provisions are
established:

1. Except as provided in the following or otherwise required by
law, information provided to the secretary of the state Department of
Labor, Licensing and Regulation, for determining whether a claimant left
employment because of domestic violence shall be confidential and not
subject to disclosure to any party:

* The secretary may notify the employing unit in general terms that
a claimant has left employment because of domestic violence.

* The secretary may not disclose information provided to the
secretary to the employing unit unless the employing unit can establish
that (1) the employing unit has a legitimate need to question the
veracity of the information, (2) the employing unit’s need for the
information outweighs the claimant’s personal privacy interest, and
(3) the employing unit is unable to obtain the information from any
other source.

* Before disclosing information, the secretary shall notify the
claimant and redact unnecessary identifying information.

* An employing unit that receives information from the secretary
may not
disseminate
  
v. dis·sem·i·nat·ed, dis·sem·i·nat·ing, dis·sem·i·nates

v.tr.
1. To scatter widely, as in sowing seed.

2.
 the information further.

2. Information related to the status of a claimant or
claimant’s spouse, minor child, or parent as a victim of domestic
violence is not public information subject to disclosure as part of the
appeals process.

3. The secretary may adopt regulations to further protect the
privacy of the claimant.

The domestic violence provisions are changed by replacing
“immediate family member” with “spouse, minor child, or
parent.”

Coverage. Specified employers are exempt from the
presumption

 under
the Workplace Fraud Act that an employer-employee relationship exists
between the employer and an individual doing work for the employer if
the employer presents specified documentation. For enforcing the
Workplace Fraud Act, the presumption that an employer-employee
relationship exists does not apply if an employer produces the following
for inspection:

* A written contract between the employer and a business entity
that describes the nature of the work and the remuneration to be paid
and includes the business entity’s
acknowledgment
 in law, formal declaration or admission by a person who executed an instrument (e.g., a will or a deed) that the instrument is his. The acknowledgment is made before a court, a notary public, or any other authorized person.
 of its
responsibilities

* A signed
affidavit

 indicating that the business entity is an

independent contractor

 that performs work for other business entities

* A certificate of status of the business entity issued by the
state Department of Assessments and Taxation indicating that the entity
is in good standing

* Proof that the business entity holds all required occupational
licenses for the work to be performed

* Established procedures and timetables for enforcement activities
and resolution of disputes

In addition, the employer must provide each individual classified
as an independent contractor with the required notice of classification
as an independent contractor and the implications of the
classifications.

The commissioner of Labor and Industry is allowed to require each
employer to identify and produce for copying or inspection all records
relevant to the classification of each individual. An employer must
comply with the request within 30 business days or as agreed by both
parties. Within 90 days of receiving all requested records, the
commissioner must either issue a
citation

 or close the investigation.

The employer has 15 days to request a hearing on the citation; the
hearing must be held within 90 days of the request, unless the employer
waives that right. If no hearing is requested within 15 days, the
citation becomes final.

The commissioner must notify a public body that has a contract with
the employer only if the commissioner issues a citation for a known
violation.

Financing. Benefits paid to a claimant are not charged against the
earned rating record of an employing unit if the claimant left
employment for good cause directly attributable to the claimant or the
claimant’s spouse, minor child, or parent being a victim of
domestic violence.

The domestic violence provisions just mentioned shall apply to
individuals who file new benefit claims with an effective date on or
after October 1, 2012.

Nonmonetary eligibility. An individual who leaves voluntarily has
good cause when the cause is directly attributable to the individual or
the individual’s spouse, minor child, or parent being a victim of
domestic violence and the individual

1. reasonably believes that the individual’s continued
employment would
jeopardize
  
tr.v. jeop·ard·ized, jeop·ard·iz·ing, jeop·ard·izes
To expose to loss or injury; imperil. See Synonyms at endanger.
 the individual’s safety or the safety
of the individual’s spouse, minor child, or parent and

2. provides one of the following types of documentation to the
secretary
substantiating
  
tr.v. sub·stan·ti·at·ed, sub·stan·ti·at·ing, sub·stan·ti·ates
1. To support with proof or evidence; verify:  See Synonyms at confirm.
 domestic violence:

* An active or a recently issued temporary protective order, a
protective order, or any other court order documenting the domestic
violence

* A police record documenting recent domestic violence

Michigan

Extensions and special programs. A shared-work program in which
employers may participate is established, and definitions related to the
program are provided. To participate in the shared-work program,
employers must have

* filed all required reports and paid all obligated assessments,
contributions, reimbursements in lieu of contributions, interest, and
penalties;

* a positive reserve account balance if a contributing employer;
and

* paid wages for 12 consecutive calendar quarters prior to
application.

The shared-work application must include

* the employer’s assurances that required reports and any
other relevant information required will be submitted;

* the employer’s assurances that no new employees will be
hired or transferred to the affected unit during the period of the plan
and that no employees will be laid off or hours reduced by more than the
percentage defined in the plan, except for holidays, designated vacation
periods, equipment maintenance, or similar circumstances (an employer
must provide a list of anticipated week or weeks);

* the employer’s certification that any applicable bargaining
unit has approved the plan and all affected employees not in the
bargaining unit have been notified of the plan;

* the employer’s certification that the implementation of the
plan is in lieu of temporary layoffs that would affect at least 15
percent of the employees in the affected unit and would equally reduce
the hours of work;

* the employer’s certification that participation in the plan
is consistent with employer’s obligations under federal and state
laws and that the employer will abide by all terms and conditions
established in law; and

* any other relevant information required by the agency.

An employer may apply for more than one plan. Shared-work plans may
not be approved after January 1, 2018. Approval of a shared-work plan
requires that a plan

* applies to one affected unit and that all employees in the
affected unit are participating, except an employee who has been
employed less than 3 months before the date of the application or an
employee whose hours after reduction are more than 40 hours per week;

* includes at least two employees (not including corporate
officers);

* provides the names, Social Security numbers, and number of
planned work hours (after the reduction) for participating employees;

* stipulates that the number of work hours a participating employee
will work during the period of the plan is the number of hours of the
employee’s normal weekly hours reduced by the reduction percentage;

* includes an estimate for the number of employees who would have
been laid off without implementation of the plan;

* describes how affected employees will be given advance notice, if
feasible;

* reduces the number of hours with a corresponding decrease in
wages for participating employees;

* does not affect
fringe benefits

n.pl the benefits, other than wages or salary, provided by an employer for employees (e.g., health insurance, vacation time, disability income).
 for participating employees;

* is effective for a period of 52 weeks or less and that benefits
payable will not exceed 20 times the weekly benefit amount; and

* includes a percentage reduction between 15 percent and 45 percent
that is the same for all participating employees (any change in the
reduction percentage requires approval).

The state agency must issue a written decision on the application
within 15 days of receipt of the plan. The shared-work plan will be
effective the first calendar week following the date of approval for the
number of weeks indicated on the plan, unless the agency approves a
lesser number of weeks or the plan is terminated.

Employees participating in a shared-work plan must

* receive compensation in an amount equal to the weekly benefit
rate times the reduction percentage, rounded to the next lower dollar;

* receive compensation under the plan that is applied to the
maximum amount of benefits payable but not to the individual’s
maximum duration of weeks;

* not be denied compensation for reasons related to active work
search or refusal to apply for or accept work other than work offered by
the participating employer;

* be available for work during the employee’s normal work
week; and

* be allowed to participate in a training plan approved by the
unemployment agency.

The employer will file claims on behalf of the participating
employees on a 2-week schedule established by the agency (the agency may
include 1-week periods as necessary and revise the schedule).

The agency may terminate a shared-work plan for good cause, and the
employer may terminate the plan by providing written notice. Approval of
a shared-work plan or any modification to the plan is at agency
discretion and not subject to appeal. An annual report must be sent to
the governor and certain members of the legislature to assess the impact
of the shared-work program.

Employers are permitted to certify that the implementation of a
shared-work plan is in lieu of layoffs (previous law specified temporary
layoffs) that would affect at least 15 percent of the employees in the
affected unit and would result in an equivalent reduction in work hours.
The 5-year sunset date for employers to apply for a shared-work plan is

eliminated.

Financing. Employers participating in a shared-work plan

* will not be charged for the cost of benefits if full federal
funding is provided;

* if partial federal funding is available, employers will pay an
amount equal to one-half of the benefits paid, which will be deposited
into the state Unemployment Compensation Fund;

* will be charged for all benefits paid to employees if no federal
funding is available and for employees who are seasonal, temporary, or
hired
intermittently
  
adj.
1. Stopping and starting at intervals. See Synonyms at periodic.

2. Alternately containing and empty of water:
; and

* will not have charges included in the calculation of the
employer’s experience account.

Beginning January 1, 2014, a client employer of a
professional
employer organization

 for less than 12 calendar quarters (previously, 8
quarters) will have its unemployment tax rate based on its prior account
and experience, and a contributing employer that becomes a client
employer of a professional employer organization will retain its
existing unemployment tax rate or establish a new rate, as provided by
law.

The order in which obligation assessment payments and contribution
payments are credited by the unemployment agency is as follows: An
obligation assessment payment made or a contribution payment made will
be credited first to interest on the obligation assessment and then to
the obligation assessment, with those payments applied to amounts unpaid
and owing in the oldest calendar quarter and progressing each quarter to
the most recent quarter. Any remainder will be credited first to
penalties on contributions, then to interest on contributions, and then
to contribution principal, with those payments applied to amounts unpaid
and owing in the oldest calendar quarter and progressing each quarter to
the most recent quarter. (The previous order provided that contributions
and payments in lieu of contributions will be credited first to penalty,
then to interest, and then to principal, unpaid and owing in the oldest
calendar quarter and progressing each quarter to the most recent
quarter.)

Nonmonetary eligibility. Income of volunteer firefighters is exempt
from
deductible

 income provisions. The weekly benefit amount will not be
reduced for remuneration that an individual received for performing
on-call or training services as a volunteer firefighter, if the
individual receives less than $10,000 in remuneration in a calendar year
for services as a volunteer firefighter.

Overpayments. Sentencing
guidelines

n.pl a set of standards, criteria, or specifications to be used or followed in the performance of certain tasks.
 are established for the crime
of unemployment compensation fraud consisting of knowingly making a
false representation or false statement, failing to disclose a material
fact, or committing fraud conspiracy or fraud
embezzlement
 wrongful use, for one’s own selfish ends, of the property of another when that property has been legally entrusted to one. Such an act was not larceny at common law because larceny was committed only when property was acquired by a “felonious taking,” i.
.

Minnesota

Administration. An employer is prohibited from making an agreement
that, in exchange for the employer agreeing not to contest the payment
of unemployment benefits, including agreeing not to provide information
to the department, will cause an employee to (1) quit the employment,
(2) take a leave of absence, (3) leave the employment temporarily or
permanently, or (4) withdraw a
grievance
  
n.
1.
a. An actual or supposed circumstance regarded as just cause for complaint.

b. A complaint or protestation based on such a circumstance. See Synonyms at injustice.

2.
 or appeal of a termination. An
agreement that violates this provision has no effect.

The definition of “electronic transmission” is modified
to mean a communication that is sent online, by telephone, or by
facsimile transmission, effective July 2, 2012.

Coverage. The definition of “employment” excludes
employment in Minnesota in an
unclassified
  
adj.
1. Not placed or included in a class or category:

2.
 position, effective July 2,
2012. The definition of “employment” excludes employment of an
individual who provides direct care to an immediate family member,
funded through the personal care assistance program, effective July 2,
2012. (Previously, employment for a personal care assistance provider
agency by an immediate family member of a recipient who receives
services through the personal care assistance program was excluded from
the definition of employment.)

The following three rules in determining worker status as an
employee or an independent contractor are repealed:

1. Additional factors to be considered

2. Determination of control

3. Procedures for determining control, effective July 2, 2012,
which apply retroactively to all pending cases

Financing. Effective for determinations issued on or after July 1,
2013, the exception to the law that unemployment benefits paid will not
be used in computing the future tax rate of a taxpaying base-period
employer or charged to the reimbursable account of a base-period

nonprofit

 or government employer that has elected to be liable for
reimbursements when the benefits were determined overpaid does not apply
if the overpaid benefits resulted because the employer or any employee,
officer, or agent of the employer

1. failed to respond timely or adequately to a request for
information and

2. has established a pattern of failing to respond timely or
adequately to requests for information. The employer must pay the state
trust fund the amount of the overpaid unemployment benefits used in
computing the future tax or charged to the reimbursable account. A
“pattern” is a prior failure to respond to the greater of two
requests for information or 2 percent of all requests for information in
the most recent 6 months.

The penalty (effective for penalties imposed on or after July 1,
2013) is the greater of $500 or 50 percent of the following amounts
resulting from the employer’s action:

* Any overpaid unemployment benefits to an applicant

* Unemployment benefits not paid to an applicant that would
otherwise have been paid

* Any payment required from the employer that was not paid

This penalty is in addition to any other penalties and subject to
the same collection procedures that apply to past-due taxes. Penalties
must be paid within 30 calendar days of issuance of the determination of
penalty and credited to the state trust fund.

A rate of 37.5 percent of the payments made toward the 40-percent
penalty (which equals 15 percent) assessed on any applicant who
fraudulently receives an overpayment of unemployment benefits by
knowingly misrepresenting, misstating, or failing to disclose any
material fact or who makes a false statement or representation without a
good faith belief as to the correctness of the statement or
representation is credited to the state trust fund, effective for any
money credited on or after July 1, 2013. (Previously, the 37.5 percent
was credited to the administration account.) The determination that the
applicant fraudulently obtained unemployment benefits is effective the
Sunday of the week that it was issued.

Regardless of the provision that a determination is final unless an
appeal is filed within 30 calendar days, unemployment benefits paid for
weeks that are more than 4 years before the date of a determination
issued for an applicant fraudulent overpayment are not considered
overpaid unemployment benefits.

The commissioner must
penalize
  
tr.v. pe·nal·ized, pe·nal·iz·ing, pe·nal·iz·es
1. To subject to a penalty, especially for infringement of a law or official regulation. See Synonyms at punish.

2.
 an employer if that employer or any
employee, officer, or agent of that employer (1) knowingly made a false
statement or representation, (2) made a false statement or
representation without a good faith belief as to the correctness of the
statement or representation, (3) knowingly failed to disclose a material
fact, or (4) offered employment to an applicant when, in fact, the
employer had no employment available. The penalty is the greater of $500
or 50 percent of the following amounts resulting from the
employer’s action:

* Any overpaid unemployment benefits to an applicant

* Unemployment benefits not paid to an applicant that would
otherwise have been paid

* Any payment required from the employer that was not paid

Previously, the penalty applied only if the employer’s action
(1) was taken to prevent or reduce the payment of unemployment benefits
to any applicant, (2) was taken to reduce or avoid any payment required
from an employer, or (3) caused an overpayment of unemployment benefits
to the applicant. This penalty is in addition to any other penalties and
subject to the same collection procedures that apply to past-due taxes.
Penalties must be paid within 30 calendar days that the determination of
penalty is issued and must be credited to the state trust fund.

All penalties assessed because of fraud committed by any person,
taxing employer, or reimbursable employer are credited to the state
trust fund, effective July 1, 2013. (Previously, penalty payments were
credited to the administration account to be used to ensure integrity in
the unemployment insurance program.)

The language providing when the experience rating history of the
predecessor employer is transferred to the successor employer and when a
portion of the experience rating history of the predecessor employer is
transferred to the successor employer is clarified.

Penalty payments received from a successor employer for failing to
notify the commissioner of an acquisition within 30 calendar days of the
acquisition are credited to the state trust fund, effective July 1,
2013. (Previously, penalty payments were credited to the administration
account to be used to ensure integrity in the unemployment insurance
program.)

Regardless of any law to the contrary, a new taxpaying employer and
new employers in a high-experience-rating industry that do not qualify
for an experience rating must be assigned, for a calendar year, a tax
rate the higher of either 1 percent or the computed tax rate, if the
employer either registers for a tax account and for each of the five
calendar quarters after registering files a “no wages paid”
report on wage detail or has filed 14 consecutive quarterly “no
wages paid” reports on wage detail.

Interest payments received from interest assessed on unemployment
benefits fraudulently obtained and received from interest assessed on
the penalties on benefits fraudulently obtained are to be credited to
the state trust fund, effective July 1, 2013. (Previously, interest
payments were credited to the administration account.)

The state trust fund consists of money credited to the account
under Chapter no. 201, effective July 2, 2012. The state trust fund does
not consist of money recovered on losses sustained by the trust fund or
money received from the contingent account, effective July 2, 2012.

Monetary entitlement. The second benefit year requirements are
modified by providing that an applicant must have performed services in
covered employment and have been paid wages in one or more completed
calendar quarters that started after the effective date of the prior
benefit account. A benefit account may not be established effective
earlier than the Sunday following the end of the most recent completed
calendar quarter in which the monetary requirements were met in the
prior benefit account, effective July 2, 2012.

Nonmonetary eligibility. If the applicant has earnings, for any
week, that are less than the applicant’s weekly unemployment
benefit amount, from employment, covered employment, non-covered
employment, self-employment, or volunteer work, 50 percent (previously,
55 percent) of the earnings are
deducted
  
v. de·duct·ed, de·duct·ing, de·ducts

v.tr.
1. To take away (a quantity) from another; subtract.

2. To derive by deduction; deduce.

v.intr.
 from the weekly unemployment
benefit amount, effective for deductions occurring on or after July 1,
2013.

The meaning of “available for suitable employment” is
modified to mean an applicant who is “ready, willing, and able to
accept suitable employment,” effective July 2, 2012. (Originally,
“available for suitable employment” was defined as an
applicant who is “ready and willing to accept suitable
employment.”)

The provision prohibiting the use of wage credits from seasonal
employment as athletes and coaches applies to a coach whom an
educational institution employs and whose only employment with the
educational institution is as a coach. However, the provision
prohibiting the use of wage credits from employment as school employees
applies to a coach who has other employment with an educational
institution, in addition to coaching at the educational institution.
Employment with multiple educational institutions or employment coaching
multiple sports must be aggregated for applying the provision regarding
athletes and coaches, effective July 2, 2012.

Overpayments. If an overpayment of unemployment benefits because of
claimant fraud, including penalties and interest, is not repaid within
10 years (previously, 15 years) after the determination of overpayment
by fraud, the commissioner must cancel the overpayment balance,
penalties, and interest due, and no administrative or legal proceeding
may be used to enforce collection of those amounts. (This provision
applies retroactively to all existing overpayments.)

Mississippi

Coverage. Coverage does not include service performed by an
individual in the delivery or distribution of newspapers or shopping
news, not including delivery or distribution to any point for subsequent
delivery or distribution, except those employed by political
subdivisions, state and local governments, nonprofit organizations and
Indian tribes, or any other entities for which coverage is required by
federal statute and regulation. (Amendment removed “under the age
of 18” for newspaper distribution and added that exclusion does not
apply to required coverage for which section 3309, federal Unemployment
Tax Act, applies.)

Coverage does not include service performed by a direct seller if

1. such person is engaged in the trade or business of selling (or
soliciting the sale of) consumer products to any buyer on a buy-sell
basis, a deposit-commission basis, or any similar basis that the
department prescribes by regulations for
resale
 n. selling again, particularly at retail. In many states a “resale license” or “resale number” is required so that the state can monitor the collection of sales tax on retail sales.


RESALE.
 (by the buyer or any
other person) in the home or otherwise than in a permanent retail
establishment; or such person is engaged in the trade or business of
selling (or soliciting the sale of) consumer products in the home or
otherwise than in a permanent retail establishment;

2. substantially all the remuneration (whether or not paid in cash)
for the performance of the services described in item (1) is directly
related to sales or other output (including the performance of services)
rather than to the number of hours worked; and

3. the services performed by the person are performed pursuant to a
written contract between such person and the person for whom the
services are performed and such contract provides that the person will
not be treated as an employee for such services for federal tax
purposes.

New Hampshire
 one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E).
 

Financing. The “most recent employer” means the last
nonreimbursing employer, whether primary or alternate, of an individual
with 12 weeks (previously, 4 weeks) of employment in the base period. An
employer will not be charged for benefits paid to an individual who had
left employment to accept better employment.

Nonmonetary eligibility. Additional requirements for benefit
eligibility were added by requiring an individual to be available for
and to seek temporary, full-time, or part-time work for which he or she
is qualified if

* permanent work for which the individual is qualified is not
immediately available within the individual’s
labor market
 A place where labor is exchanged for wages; an LM is defined by geography, education and technical expertise, occupation, licensure or certification requirements, and job experience
 area;

* the individual is reasonably expected to be recalled in 4 to 26
weeks and equivalent or better work for which the individual qualifies
is not immediately available in the individual’s labor market area;
and

* the wages, hours, or other conditions of the temporary work
offered are not substantially less
favorable
  
adj.
1. Advantageous; helpful:

2. Encouraging; propitious:

3.
 to the individual compared
with those of prevailing similar temporary or permanent work in the

locality

.

An individual not under disqualification shall not be disqualified
for accepting work that would not be deemed suitable and terminates such
employment within 12 weeks (previously, 4 weeks), with or without good
cause.

The elements used to determine suitable work for an individual are
clarified and expanded. If no work is available in the individual’s
labor market area at the customary pay rate for work to be suitable, it
must be determined that the

* work pays the minimum wage or an hourly rate when multiplied
times 40 is equal to or greater than 150 percent of the
individual’s weekly benefit and

* wages, hours, or other conditions of the temporary work offered
are not substantially less favorable to the individual compared with
those of prevailing similar temporary or permanent work in the locality.

Notwithstanding any other provisions of law, an individual shall
not be denied benefits for refusing to accept new, suitable, or
temporary work offered without the expectation of such work becoming
permanent for any week that follows the earlier of

* the last week that includes 1 or more days within the maximum
expected duration of the temporary work or

* the fifth week following the date the individual refused such
temporary work in which the individual meets the earnings
requalification requirements.

The requirement to earn requalifying wages if an individual becomes
unemployed after leaving work for better employment was eliminated.

New Mexico
 state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S).
 

Financing. Contribution Schedule 1 replaces Schedule 3 for
assigning each employer’s contribution rate from January 1, 2012,
through December 31, 2012. Schedule 1 rates range from 0.05 percent to
5.40 percent. Contribution Schedule 2 will be used for assigning each
employer’s contribution rate from January 1, 2013, through December
31, 2013. Schedule 2 rates range from 0.1 percent to 5.4 percent.

One of the following Contribution Schedules 0 to 6 will be used for
each calendar year after 2013, except as otherwise provided, to assign
each employer’s rate:

* Contribution Schedule 0 if the fund equals at least 2.3 percent
of the total payrolls (most favorable schedule with rates ranging from
0.03 percent to 5.40 percent)

* Contribution Schedule 1 if the fund equals less than 2.3 percent
but not less than 1.7 percent of the total payrolls (rates range from
0.05 percent to 5.40 percent)

* Contribution Schedule 2 if the fund equals less than 1.7 percent
but not less than 1.3 percent of the total payrolls (rates range from
0.01 percent to 5.40 percent)

* Contribution Schedule 3 if the fund equals less than 1.3 percent
but not less than 1.0 percent of the total payrolls (rates range from
0.6 percent to 5.4 percent)

* Contribution Schedule 4 if the fund equals less than 1.0 percent
but not less than 0.7 percent of the total payrolls (rates range from
0.9 percent to 5.4 percent)

* Contribution Schedule 5 if the fund equals less than 0.7 percent
but not less than 0.3 percent of the total payrolls (rates range from
1.2 percent to 5.4 percent)

* Contribution Schedule 6 if the fund equals less than 0.3 percent
of the total payrolls (least favorable schedule with rates ranging from
2.7 percent to 5.4 percent)

North Carolina
 state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N).
Facts and Figures

Area, 52,586 sq mi (136,198 sq km). Pop.
 

Administration. The Labor and Economic Analysis Division replaces
the Division of Employment Security as the entity responsible for
maintaining the common follow-up information management system. The
division of Employment Security must provide all information requested
to assist the division in accomplishing its purpose.

All disclosure and redisclosure of information must be consistent
with the federal-state Unemployment Compensation Program, 20 C.F.R.,
Part 603, and any other guidance issued by the U.S. Department of Labor.

Appeals. All testimony at any hearing before an appeals
referee

 must be recorded, unless waived by all interested parties, effective
November 1, 2012.

Parties may enter into a
stipulation

 of the facts. If the
stipulation provides sufficient information to make a decision, the
stipulation may be accepted; if not, it may be rejected. The decision to
accept or reject the stipulation must occur in a recorded hearing,
effective November 1, 2012.

The length of time for an employer to protest a claim is changed to
10 days (previously, 30 days) from the delivery of the notice
(previously, the earlier of the mailing or delivery), effective November
1, 2012.

Financing. Employers must report the date that a newly hired
employee first performed services for remuneration. The term “newly
hired employee” means an employee not previously employed by the
employer or an employee previously employed but who has been separated
for at least 60 consecutive days, effective July 1, 2012.

Extensions and special programs. The ending date was extended for
the temporary federal–state Extended Benefits program provisions
concerning the extended benefits “on” and “off”
indicators by using a 3-year look-back for both the insured unemployment
rate and the seasonally adjusted total unemployment rate to December 31,
2012 (previously, applied to weeks of unemployment beginning after
December 17, 2010, and ending on or before December 31, 2011). (This
provision expires January 1, 2013.)

The extension of unemployment insurance benefits is prohibited
without a General Assembly enactment, retroactively effective to January
1, 2012.

Nonmonetary eligibility. Effective November 1, 2012,
“misconduct” is defined as (1)
willful

 or
wanton

 disregard of
an employer’s interests as is found in deliberate violations or
disregard of standards of behavior that an employer has a right to
expect of or has explained, orally or in writing, to an employee or (2)

carelessness

See also Forgetfulness, Irresponsibility, Laziness.

Grasshopper

sings through summer, overlooking winter preparations. [Gk. Lit.
 or
negligence
 in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances.
 of such degree or
recurrence
 /re·cur·rence/ () the return of symptoms after a remission.recur´rent


n.
1.
 as to show

intentional
  
adj.
1. Done deliberately; intended:  See Synonyms at voluntary.

2. Having to do with intention.
 and substantial disregard of the employer’s interests
or of the employee’s duties and obligations to the employer. The

prima facie evidence

n. Law
Evidence that would, if uncontested, establish a fact or raise a presumption of a fact.
 for certain types of misconduct is clarified, which
may be rebutted by the claimant, including requirements that

* a conviction of a drug offense must be related to or connected
with an employee’s work or is in violation of a reasonable work
rule or policy;

* termination after arrest or conviction for an offense involving
violence, sex crimes, or illegal drugs must be related to or connected
with an employee’s work or is in violation of a reasonable work
rule or policy; and

* a refusal to perform reasonably assigned work tasks or failure to
adequately perform employment duties, which is evidenced by no fewer
than three written reprimands in the 12 months immediately preceding the
termination.

A discharge for misconduct connected with work does not include the
discharge of a severely disabled veteran, effective November 1, 2012.

Overpayments. For overpayments established on or after October 1,
2013, an employer must be charged for an overpayment when

* the overpayment occurred because the employer failed to respond
timely (within 10 days) or adequately (fails to provide sufficient facts
to make a correct determination) to a written request (may be
electronic) for information relating to the claim and

* the employer exhibits a pattern of failure to respond timely or
adequately by failing to respond on two or more occasions. If a
third-party agent is used, the pattern is established on not only the
agent’s behavior overall but also the agent’s behavior related
to an employer.

The
prohibition
 legal prevention of the manufacture, transportation, and sale of alcoholic beverages, the extreme of the regulatory liquor laws. The modern movement for prohibition had its main growth in the United States and developed largely as a result of the
 on noncharging will apply to benefits paid each
week that an overpayment is made. The determination of noncharging for
an employer that fails to respond timely or adequately will be made by
the paying state for a combined-wage claim, and the employer must be
appropriately charged upon notification to the transferring state. The
prohibition on noncharging may be waived for good cause, effective
October 1, 2013.

A 15-percent penalty, payable to the state Unemployment Trust Fund,
must be assessed on the amount of an
erroneous
 adj. 1) in error, wrong. 2) not according to established law, particularly in a legal decision or court ruling.
 overpayment of benefits
received by an individual because of a false statement or
misrepresentation. This penalty may not be recovered through an offset
of future benefits, effective October 1, 2013.

Effective December 1, 2012, an individual who makes a false
statement or fails to disclose a material fact to obtain or increase any
benefit will be guilty of a

* class I felony if the overpayment is more than $400 or

* class 1 misdemeanor if the overpayment is $400 or less.

The limitations to recover both fraudulent (previously, 10 years)
and nonfraudulent (previously, 3 years) overpayments are repealed,
effective October 1, 2012.

Reports to the House Unemployment Fraud Task force on the
implementation timeline, requirements, barriers, costs, and an estimate
of the annual amount to be recovered through the U.S. Department of
Treasury Offset Program are required.

Oklahoma

Administration. Electronic notification to employers and claimants
is allowed, if elected by such parties.

Upon a final determination, the commission must proceed by levy
(previously, by
garnishment
 in law, means of requiring a third party who holds a debt (including wages) due a defendant to retain the property temporarily. The garnishment consists of a warning, in the form of a judgment, to the third party, called the garnishee, not to deliver the
) to collect any
delinquent
 1) adj. not paid in full amount or on time. 2) n. short for an underage violator of the law as in juvenile delinquent.


DELINQUENT, civil law. He who has been guilty of some crime, offence or failure of duty.
 contribution,
penalty, interest, or fees due or owing. The Assessment Board of the

Oklahoma Employment Security Commission

, instead of the court, may issue
an order to continue or modify the levy.

Employment information must be disclosed to employees of any

Metropolitan Planning Organization

, the Office of Juvenile Affairs, for
use in assessing results and outcomes of clients and effectiveness of
juvenile and justice programs and be disclosed to vendors that contract
with the state to provide a labor exchange system that supports
operation of an employment service system to connect employers with job
seekers and military veterans.

Appeals. Notice requirements for an employer’s contribution
rate were modified by providing that an appeal to the rate notice must
be filed within 20 days after mailing or transmitting electronically or
the rate will become
conclusive

 and binding.

Financing. Any contractor that
intentionally
  
adj.
1. Done deliberately; intended:  See Synonyms at voluntary.

2. Having to do with intention.
 misclassifies
individuals as independent contractors rather than employees to affect
procedures and payments relating to withholding and Social Security,
unemployment tax, or worker’s compensation premiums shall be fined
by the Oklahoma Tax Commission an amount not to exceed 10 percent of the
contractor’s total bid, which shall be in addition to any other
penalties allowed by law.

Monetary entitlement. An unemployed individual must register for
work within 7 days of filing an initial claim for unemployment benefits.
The Oklahoma Employment Security Commission was authorized to waive the
requirement under certain conditions, including for individuals in areas
not served by an Internet service.

The alternative base-period wage requirement for benefit
entitlement was changed to require the individual be paid in the base
period: (1) taxable wages of any amount and (2) total wages equal to or
greater than the annual amount of taxable wages that applies to any
calendar year in which the claim for unemployment benefits was filed.
(Previously, an individual needed alternative base-period wages equal to
or greater than the highest annual amount of taxable wages that applied
to any calendar year in which the claim for unemployment benefits was
filed.) The state taxable wage base increased from $19,100 to $20,100 in
2013.

If an individual lacks sufficient base-period wages in the regular
qualifying formula or in its alternative qualifying formula as described
in the previous paragraph, any wages paid in the last four completed
calendar quarters shall be considered the individual’s base-period
wages.

Nonmonetary eligibility. In any challenge to a positive drug or
alcohol test, the claimant has the burden to prove a breach in the chain
of custody, and the employer must provide the chain of custody
documentation at the request of a challenging claimant. When the
claimant fails to request a confirmation test, the claimant will be

ineligible
  
adj.
1. Disqualified by law, rule, or provision:

2.
 for benefits. If challenged by the claimant, the written
report of the drug or alcohol test results will be acceptable for
presentation, as evidence with the chain of custody of the sample
properly documented.

Employers are authorized to conduct drug and alcohol testing in

accordance

 with the Standards for Workplace Drug and Alcohol Testing
Act. Employers are authorized to release records of the tests as

admissible evidence
 n. evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a jury, otherwise the judge), and which cannot be objected to on the basis that it is irrelevant, immaterial, or violates the rules against hearsay
 to specified persons or to comply with a judicial or

administrative order

.

Overpayments. Individuals committing fraud by making a false
statement or representation or failing to disclose a material fact are
assessed a 25-percent penalty on the amount of the original fraudulent
overpayment. Individuals are liable for the overpayment, and when
collected, three-fifths of the penalty will be deposited into the state
Unemployment Trust Fund and two-fifths into the state
Revolving Fund

n.
A fund established for a certain purpose, such as making loans, with the stipulation that repayments to the fund may be used anew for the same purpose.

Noun 1.
.

Oregon

Coverage. The definition of “employment” excludes service
performed in the operation of a passenger motor vehicle that is operated
as a taxicab or a passenger motor vehicle that is operated for
nonemergency medical transportation by a person who has an ownership or

leasehold
 n.
 interest in the passenger motor vehicle, for an entity that is
operated by a board of owner-operators elected by the members of the
entity.

Pennsylvania

Extensions and special programs. The
Keystone
  
n.
1. Architecture The central wedge-shaped stone of an arch that locks its parts together. Also called headstone.

2. The central supporting element of a whole.
 
Works Program

 was
established and is to be administered by the state
Department of Labor
and Industry

. The training in the program is defined as a learning
environment in which the employer derives no immediate advantage and
also is designed to provide the skills and knowledge necessary to meet a
business’s specifications for an occupation or trade.

An individual receiving regular unemployment compensation may
voluntarily enroll in the program and be qualified for training if the
department determines the claimant is an appropriate match with a job
opening at a participating business and the individual’s
unemployment compensation balance at the start of the training is equal
to or greater than the weekly benefit amount times the number of weeks
of training. The individual must certify in writing that he or she will

* not accept any form of compensation from the business,

* provide information and documentation as requested by the
department, and

* cooperate with the department’s evaluation of the program.

To be eligible to provide training under the program, a business
must

* have a job opening to which a claimant may be matched by the
department;

* register with the Pennsylvania CareerLink[R] system;

* provide bona fide training to the individual;

* consider the individual for a job for which he or she was trained
upon completion of the training;

* ensure that if a job is offered upon completion to the
individual, the job provides service in employment (work will not be
contract work or in a self-employment capacity);

* not pay any form of compensation during the training period;

* not provide training under the program during any work
stoppage

 related to a labor dispute or while concurrently participating in a Work
Share program;

* not violate a
collective bargaining agreement

 or
displace
  
tr.v. dis·placed, dis·plac·ing, dis·plac·es
1. To move or shift from the usual place or position, especially to force to leave a homeland:
 or
adversely affect existing employees by training or hiring an individual
under the program;

* cooperate with requests for information and documentation;

* satisfy any additional criteria established by the department to
ensure an appropriate number of individuals receive offers of suitable
long-term employment;

* be current in its tax liabilities, have filed a timely appeal, or
be on an approved deferred payment plan; and

* not be under suspension or
disbarment
 n. the ultimate discipline of an attorney, which is taking away his/her license to practice law often for life. Disbarment only comes after investigation and opportunities for the attorney to explain his/her improper conduct.
 with any government entity.

A business must provide a maximum of 24 hours of unpaid training
per week for a maximum of 8 weeks and consider the individual for a job.
The business is not required to hire the individual but shall be
disqualified from participation if a pattern of acting in bad faith
regarding job offers is determined.

The department has authority to establish guidelines, applications,
and
policies and procedures

 for implementation. The department must
purchase or arrange worker’s compensation insurance for approved
individuals participating in Keystone Works.

The individual participating in the training has the option to

discontinue
  
v. dis·con·tin·ued, dis·con·tin·u·ing, dis·con·tin·ues

v.tr.
1. To stop doing or providing (something); end or abandon:
 participation, and eligibility for unemployment compensation
will not be affected by
discontinuation
  
n.
A cessation; a discontinuance.

Noun 1. discontinuation – the act of discontinuing or breaking off; an interruption (temporary or permanent)
discontinuance
 in the program, termination from
the program by a participating business, or completion of the program.

Funding from appropriated funds is authorized to provide an
incentive of $375 to a business that hires an individual who
participated in Keystone Works if the individual remains employed for a
period of 4 consecutive weeks at a minimum of 35 hours per week. A
business may receive incentive payments for up to four consecutive
periods for a maximum of $1,500 total incentive payments. An amount of
15 percent of the funding must be reserved for businesses with fewer
than 100 employees; if the reserved amount is not committed by April 30
of each year, funds will be available for businesses that have at least
100 employees.

The department must develop and implement an evaluation and
performance improvement system that collects critical information on
certain performance measures and defines the benefits of the program and
its training to businesses, individuals, and the Unemployment
Compensation Fund. On July 1 annually, the department must send a report
with specified information to legislative committees. Authorization for
the Keystone Works Program expires June 30, 2017.

The ending date for the federal–state Extended Benefits program
provisions concerning the extended-benefits “on” and
“off” indicators to temporarily use a 3-year look-back for
both the mandatory indicator that is based on the insured unemployment
rate and the optional indicators that are based on the seasonally
adjusted total unemployment rate for weeks of unemployment beginning on
or after December 17, 2010, was extended by changing the ending date to
on or before April 30, 2012 (previously ending on or before December 31,
2011). (The provisions are retroactive to December 31, 2011.)

Monetary entitlement. The term “partial benefit credit”
means that part of the remuneration paid or payable to an individual
with respect to a week for which benefits are claimed is not in excess
of 30 percent of the individual’s weekly benefit amount or $6,
whichever is the greater. (Previously, earnings
disregarded
  
tr.v. dis·re·gard·ed, dis·re·gard·ing, dis·re·gards
1. To pay no attention or heed to; ignore.

2. To treat without proper respect or attentiveness.

n.
 were the
greater of 40 percent of the weekly benefit amount or $6.) (This
provision applies to benefit years beginning after December 31, 2012,
and effective January 1, 2013.)

An application to establish a second benefit year is not valid
unless the individual has, subsequent to the beginning of the preceding
benefit year, worked and earned wages in employment as defined in the
law equal to or greater than 6 times the weekly benefit amount. (Prior
law provided that an application to establish a second benefit year is
not valid unless the individual has, subsequent to the beginning of the
preceding benefit year, worked and earned wages, whether such work is in
employment as defined in the law, equal to or greater than 6 times the
weekly benefit amount.) (This requirement applies to benefit years
beginning after December 31, 2012, and effective January 1, 2013.)

To requalify for benefits after a disqualifying separation, an
individual must earn remuneration for services equal to or greater than
6 times the weekly benefit amount in employment (previously, 6 times the
weekly benefit amount
irrespective of

prep.
Without consideration of; regardless of.

preposition  
 whether such services were in
employment).

An individual, in addition to the other requirements, must satisfy
both of the following qualifying requirements: (1) within his or her
base year, paid $3,391 in wages and $1,688 high-quarter wages
(previously, $1,320 and $800, respectively) and (2) except as otherwise
provided, paid not less than 49.5 percent (previously, 20 percent) of
the employee’s total base-year wages in one or more quarters, other
than the highest quarter in such employee’s base year. (This
requirement applies to benefit years beginning after December 31, 2012,
and effective January 1, 2013.)

The third step-down lower weekly benefit rate is eliminated and is
replaced with a two-step down lower weekly benefit rate for
redetermining the weekly benefit amount for an individual who does not
meet the regular base-period qualifying requirements. (This requirement
applies to benefit years beginning after December 31, 2012, and
effective January 1, 2013.)

The Determination of Rate and Amount of Benefits Table is changed
from parts A-E to parts A-C. The minimum weekly benefit amount is
increased from $35 to $70. For the minimum weekly benefit amount, an
individual needs in the base-period wages that range from $1,688 to
$1,712 in the highest quarter, a total of $3,391, at least 49.5 percent
of the individual’s total base-year wages paid in one or more
quarters outside the highest quarter, and 18 credit weeks (previously,
$800 to $812, $1,320, at least 20 percent, and 16 credit weeks,
respectively). (These amounts apply to benefit years that begin after
December 31, 2012, and effective January 1, 2013.)

The maximum weekly benefit amount remains at $573. For the maximum
weekly benefit amount, an individual needs in the base-period wages that
range from $14,263 or more in the high quarter, at least 49.5 percent of
the individual’s total base-year wages paid in one or more quarters
outside the highest quarter, and 18 credit weeks (previously, $14,898 or
more, $22,480 or more, at least 20 percent, and 16 credit weeks,
respectively). (These amounts apply to benefit years beginning after
December 31, 2012, and effective January 1, 2013.)

The table shall be extended or contracted to a point where the
maximum weekly benefit amount shall equal 66 2/3 of the average weekly
wage for the 36-month period ending June 30 and preceding each calendar
year. If the maximum weekly benefit amount is not a multiple of $1, it
shall be rounded to the next lower multiple of $1. Procedures have been
established to use when necessary to extend or contract the table.
(These provisions apply to benefit years beginning after December 31,
2012, and effective January 1, 2013.)

Notwithstanding the provisions relating to extending or contracting
the table, if the maximum weekly benefit amount determined is greater
than $573, the maximum weekly benefit amount shall be subject to the
following three limitations:

1. For calendar years 2013 through 2019, the maximum weekly benefit
amount shall be $573.

2. For each calendar year 2020 through 2023, the maximum weekly
benefit amount may increase from year to year by an amount that is no
more than 8 percent of the maximum weekly benefit amount for the
preceding year.

3. If the maximum weekly benefit amount determined is not an even
multiple of $1, it shall be rounded to the next lower multiple of $1.

The total amount of benefits that claimants are eligible to receive
is their weekly benefit amount multiplied by their number of qualifying
credit weeks (which must be at least 18) up to a maximum of 26 weeks.
Any claimant with less than 18 credit weeks during his or her base year
shall be ineligible to receive any amount of compensation. (This
provision applies to benefit years beginning after December 31, 2012,
and effective January 1, 2013.)

Financing. The taxable wage base increases over 6 years from $8,000
to $8,500 for year 2013, to $8,750 for year 2014, to $9,000 for year
2015, to $9,500 for year 2016, to $9,750 for year 2017, and to $10,000
for year 2018 and each year thereafter, effective January 1, 2013.

Except as provided in the next paragraph, the state adjustment
factor for a calendar year must be computed as of the computation date
for such year to a 10th of 1 percent, rounding all fractions to the
nearest 10th of 1 percent, but in no event less than zero
according to

prep.
1. As stated or indicated by; on the authority of:

2. In keeping with:

3.
 the formula provided in law (prior to calendar year 2013, the state
adjustment factor was capped at 1.5 percent), effective January 1, 2013.

The maximum state adjustment factor must be 1.0 percent for
calendar years 2013 through 2016, 0.85 percent for calendar year 2017,
and 0.75 percent for calendar year 2018 and each year thereafter,
effective January 1, 2013. If the computed state adjustment factor for
any year exceeds the maximum rate allowed, such excess over the maximum
rate must be added to the computed state adjustment factor for the
following year or years, effective January 1, 2013.

A restricted account is established in the state treasury to be
known as the Reemployment Fund. It shall consist of employee
unemployment insurance contributions allocated by the state Department
of Labor and Industry. Moneys in this fund are appropriated for programs
and services to assist individuals become employed or improve their
employment, job search, placement services, educational enhancement, job
training and job readiness, and workplace skills training; for research
and studies to improve employment services, the work force, and labor
market; for improvements to the information technology infrastructure;
and for costs of administering activities and collecting the
contributions. Moneys in the fund must be continuously available for
expenditure of these activities and shall not
lapse

 at any time or be
transferred to any other fund, except if any amount of contributions
remain at the end of the calendar year and are not
expended
  
tr.v. ex·pend·ed, ex·pend·ing, ex·pends
1. To lay out; spend:  See Synonyms at spend.

2.
 or obligated
for expenditure by the next June 30, that amount must be transferred to
the state Unemployment Compensation Fund.

Employee unemployment insurance contributions on wages paid must be
allocated between the Unemployment Compensation Fund and the
Reemployment Fund as follows: (1) 95 percent paid from January 1, 2013,
through September 30, 2017, shall be deposited into the Unemployment
Compensation Fund and 5 percent into the Reemployment Fund to the extent
the contributions are paid on or before December 31, 2017; (2) 100
percent paid from January 1, 2013, through September 30, 2017, shall be
deposited into the Unemployment Compensation Fund to the extent the
contributions are paid on or after January 1, 2018; and (3) 100 percent
paid on or after October 1, 2017, shall be deposited into the
Unemployment Compensation Fund, applicable to contributions on wages
paid on or after January 1, 2013, and effective January 1, 2013.

The Debt Service Fund is established as a separate account in the
state treasury. The taxes from the rate of contributions increased by
the rate of the Interest Factor assessed to pay interest must be paid
into such fund. (Previously, such interest contributions were deposited
in the Interest Fund, which has been eliminated.) Moneys in this fund
must be used in the following priority order, and such funds received
are appropriated for all the following purposes: (1) to pay bond
obligations and bond administrative expenses, to
replenish
  
v. re·plen·ished, re·plen·ish·ing, re·plen·ish·es

v.tr.
1. To fill or make complete again; add a new stock or supply to:

2.
 bond
reserves, to maintain debt service reserves in the amount necessary to
maintain an adequate
debt service coverage ratio

, and to
refund

 early
optional or mandatory or other bonds or
redeem
 v. to buy back, as when an owner who had mortgaged his/her real property pays off the debt. The term also refers to paying the amount due and all charges after a foreclosure (due to failure to make payments when due) has begun.
 or purchase outstanding
bonds; (2) to pay annual interest obligations assessed under Title XII
of the Social Security Act; (3) to repay outstanding interest-bearing
advances received under Title XII of the Social Security Act; and (4) to
transfer to the Unemployment Compensation Fund for payment of
compensation to individuals. Any amount of moneys remaining in the Debt
Service Fund at the end of a calendar year shall be transferred to the
Unemployment Compensation Fund and credited to the Employers’
Contribution Account if the following requirements are met: (1) the
balance of interest-bearing Title XII advances is zero at the end of
that year, (2) no interest on advances shall be due in the following
year, and (3) there are no outstanding bond obligations and bond
administration expenses and no such obligations and expenses will be due
in the following year.

The Interest Factor provisions are revised. The Interest Factor
rate is changed from a variable rate not to exceed 1.0 percent to a
variable rate not to exceed the maximum rate allowed that is 1.1 percent
for calendar year 2013 through the year determined to have no unpaid
Title XII advances or interest and no outstanding bond obligations and
administrative expenses and also not to exceed 1.0 percent for calendar
year 2014 through the year determined to have no unpaid Title XII
advances or interest and no outstanding bond obligations and
administrative expenses. The Interest Factor must be determined
annually. The rate of the Interest Factor for a calendar year must be
the rate necessary to (1) pay the bond obligations and bond
administrative expenses due in that year; (2) replenish amounts drawn
from bond reserves; (3) maintain an adequate debt service coverage
ratio; (4) fund early, optional, mandatory, or other refundings,
redemptions, or purchases of outstanding bonds that will occur in that
year; (5) pay the interest due that year on interest-bearing Title XII
advances; and (6) repay outstanding Title XII advances. (The change in
the calculation of the Interest Factor applies to calendar year 2013 and
each year thereafter.)

Contributions paid by or on behalf of an employer, other than
employee contributions, must be allocated first to the employer’s
liability under the requirements of the Interest Factor provisions. The
Interest Factor rate must apply to contributions for any calendar
quarter that ends at a time when bonds are outstanding (applies to the
calculation of the Interest Factor for calendar year 2013 and each year
thereafter).

Any amount of additional contributions collected for a calendar
year in excess of the amount necessary for the purposes
enumerated

 in
(1) through (6) in the previous paragraph for that year also may be used
for the purposes enumerated in (1) through (6) for the following year
and to the extent available, to reduce the amount of additional
contributions that would be required for the following year (applies to
the calculation of the Interest Factor for calendar year 2013 and each
year thereafter).

No Interest Factor rate will be required for any year for which
funding is not required for any of the purposes enumerated in (1)
through (6) in the previous paragraph (applies to the calculation of the
Interest Factor for calendar year 2013 and each year thereafter).

The trigger determination provision that provides for calculating
the trigger percentage to be used in setting surcharge and contribution
rates for the contributions required and in setting the benefit
reduction required for the following calendar year requires the
secretary of the Pennsylvania Department of Labor and Industry to (1)
add the principal amount of outstanding bonds and the amount of
outstanding Title XII advances and
subtract

 that sum from the balance in
the state Unemployment Compensation Fund, (2) determine the average of
the benefit costs for the 3 immediately preceding fiscal years, and (3)
calculate the percentage that the amount determined under paragraph 1
(below) represents of the average of the benefit costs. (This provision
applies to the calculation of the trigger percentage in 2012 and
subsequent calendar years for purposes of contribution rates and benefit
reductions for calendar year 2013 and each year thereafter,
respectively.)

The trigger rate redeterminations provision to increase the reserve
in the state trust fund is revised as follows:

1. For calendar years 2013 through the year determined under
paragraph 4 that follows, if the trigger percentage as of July 1 of the
preceding calendar year is less than 250 percent, the rates determined
under paragraph 2 (next paragraph) shall apply. For calendar years
following the year determined under paragraph 4, if the trigger
percentage as of July 1 of the preceding calendar year is less than 250
percent, the rates determined under paragraph 3 shall apply.

2. The secretary must
redetermine

 the rates such that the surcharge
assessed must yield $100 million, the additional contribution must yield
$225 million, the employee tax must yield $166.6 million, and the
benefit reduction must yield $52 million.

3. The secretary must redetermine the rates such that the surcharge
assessed must yield $138 million, the additional contribution shall
yield the sum of $310 million plus the amount determined under paragraph
5, the employee tax must yield $230 million, and the benefit reduction
must yield $72 million.

4. The calendar year determined under this paragraph must be the
earliest calendar year subsequent to December 31, 2012, to which all the
following apply: no unpaid balance of Title XII federal advances or
interest thereon, no outstanding bond obligations and administrative
expenses, and no such obligations and expenses will be due in the
following year.

5. The amount determined under this paragraph shall be the sum of

* 20 percent of the amount paid from the Unemployment Compensation
Fund during the 60 consecutive calendar months ending on June 30 of the
year in which the redetermination occurs plus

* 20 percent of that portion of the amount paid from the
Unemployment Compensation Fund during the immediately preceding 60
consecutive calendar months that is not recovered by additional
contributions paid for calendar years through the calendar year in which
the redetermination occurs. (This provision applies to the
redetermination of contribution rates and the benefit reduction to occur
in 2012 and each fifth year thereafter for purposes of contribution
rates and the benefit reduction for calendar year 2013 and each year
thereafter, respectively.)

The department will mail or electronically transmit the notice of
an assessment to employers within 15 days after making the assessment.
(Previously, such notices were required to be sent by registered mail.)
(This provision applies to notices of assessment issued on or after June
12, 2012.)

Liens imposed for contributions, interest, and penalties must
continue and must retain their priority without the necessity of
refiling or revival. (Under prior law, liens continued for 5 years from
the date of entry and were allowed to be
revived
  
v. re·vived, re·viv·ing, re·vives

v.tr.
1. To bring back to life or consciousness; resuscitate.

2. To impart new health, vigor, or spirit to.

3.
 and continued in the
manner provided for the renewal of judgments or as provided in The
Fiscal Code, as amended.) (This provision applies to all liens filed or
revived within the 5-year period immediately preceding June 12, 2012,
and all liens filed or revived on or after June 12, 2012.)

In addition to the methods of collection authorized in state law,
the department may collect contributions, interest, penalties, and
other
liabilities

Small and relatively insignificant liabilities. For financial reporting purposes, firms often combine small liabilities into this single category rather than listing each liability separately.
 due as provided under the U.S. Department of Treasury Offset
Program (relating to authority to make credits or refunds) of the U.S.
Department of Treasury , including and by any other means available
under federal or state law.

Unemployment compensation
solvency
 n.
 bonds are allowed. This
provision allows bonds to be issued if the department reasonably expects
that the issuance of bonds to obtain funds to pay compensation or to
repay Title XII federal advances, including interest, would result in a
savings to employers, as an alternative to borrowing by means of Title
XII federal advances or repayment of the Title XII federal advances and
interest by other means. The bond proceeds must be used to repay the
principal and interest of Title XII federal advances, and any balance
must be deposited into an unemployment compensation program fund to
repay the principal and interest of previous Title XII federal advances,
pay unemployment compensation benefits, pay bond administrative
expenses, redeem or purchase outstanding bonds, and pay bond
obligations. The maximum term of the bonds shall not exceed 20 years.
The total principal amount of bonds outstanding for all bond issues may
not exceed $4.5 billion. The authority to issue bonds expires December
31, 2016.

The following definition was added to the term
“compensation”: “to the extent permitted by law, that
part of the principal owed on bonds that is attributable to repayment of
the principal of advances under Title XII of the Social Security Act (58
Stat. 790, 42 U.S.C. Section 1321
et seq
 (et seek) n. abbreviation for the Latin phrase et sequentes meaning “and the following.” It is commonly used by lawyers to include numbered lists, pages or sections after the first number is stated, as in “the rules of the road are found in Vehicle Code
.), exclusive of any interest or
administrative costs associated with the bonds.”

An Unemployment Compensation
Amnesty
 , in law, exemption from prosecution for criminal action. It signifies forgiveness and the forgetting of past actions.
 Program is established. The
amnesty period is 3 consecutive calendar months designated by the
department that commences on June 14, 2013. The department must
establish guidelines to implement the program and publish them at least
90 days before the amnesty period begins and notify all employers and
claimants who are known to have liabilities to which the program
applies.

The program applies to both employer and claimant liabilities;
however, certain liabilities were excluded. Applicable employer
liabilities include (1) unpaid contributions due for calendar quarters
through the first quarter of 2012 for which employee information was
reported or acquired through an audit; (2) unpaid contributions due for
calendar quarters through the first quarter of 2012 for which employee
information was not reported or not acquired through an audit; (3)
unpaid reimbursements due on or before April 30, 2012; (4) unpaid
interest due on contributions paid late for calendar quarters through
the first quarter of 2012 or on reimbursement that was due on or before
April 30, 2012, and was paid late; and (5) unpaid penalties due for
reports filed late for calendar quarters through the first quarter of
2012.

Applicable claimant liabilities include (1) a fault overpayment of
compensation from a notice of determination of overpayment issued on or
before June 30, 2012, to the extent repayment has not occurred; (2) a
nonfault overpayment of compensation from a notice of determination of
overpayment issued on or before June 30, 2012, to the extent repayment
has not occurred; (3) compensation paid for calendar weeks through the
week ending June 30, 2012, for which a notice of determination of
overpayment has not been issued, but the claimant acknowledges that the
compensation was overpaid; and (4) unpaid interest due on an overpayment
of compensation that was repaid on or before June 30, 2012.

Procedures for participation, the payment amounts required, and the
terms and conditions of amnesty are established.

Overpayments. No administrative or
legal proceedings

 for the
recovery and
recoupment

 of an overpayment of compensation because of
fault, including interest, will be instituted after the
expiration

 of 10
years (previously, 6 years) following the end of the benefit year with
respect to which such the sum was paid (applies to benefit years
beginning on or after June 12, 2012).

Rhode Island
 island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches.
 

Extensions and special programs. The provisions relating to the
Entrepreneurial Training Assistance program were amended as follows:

* The definition of “employment assistance allowance”
includes an allowance payable in lieu of emergency unemployment
compensation benefits.

* “Emergency unemployment compensation” is defined as
benefits, including dependents’ allowances, payable to an
individual as authorized by the Unemployment Compensation Extension Act
of 2008 and in accordance with regulations established by the U.S.
Secretary of Labor.

* For participants in the Entrepreneurial Training Assistance
program collecting regular benefits, the sum of the allowance paid and
regular benefits paid, with respect to any benefit year, will not exceed
the maximum potential regular benefits, including dependents’
allowances.

* For participants in the Entrepreneurial Training Assistance
program collecting emergency unemployment compensation, the allowance
paid with respect to any benefit year will not exceed the amount equal
to 26 times the regular weekly benefit amount, including
dependents’ allowances. Any participant who terminated or completed
participation in the program and continues to meet the emergency
unemployment compensation eligibility requirements will be permitted to
receive emergency unemployment compensation benefits with respect to
subsequent weeks of unemployment.

* The aggregate number of individuals receiving employment
assistance allowances and regular benefits for any week will not exceed
5.0 percent of the total number of individuals receiving regular
benefits; the aggregate number of individuals receiving employment
assistance allowances and emergency unemployment compensation benefits
for any week will not exceed 1 percent of the total number of
individuals receiving emergency unemployment compensation benefits.

Financing. Allowances paid under the Unemployment Compensation
Extension Act of 2008 will be charged to the appropriate federal
account.

The definition of ”
rehire
   

v. t. 1. To hire again.
” was changed to mean the first
day for which an employee is owed compensation by the employer following
a
termination of employment

 lasting a minimum of 60 days (previously, 12
consecutive weeks).

Temporary disability insurance. The 7-day waiting period for
temporary disability insurance was eliminated. For benefit years
beginning on or after July 1, 2012, an individual’s benefit year
will begin on the Sunday of the calendar week in which he or she first
became unemployed because of
sickness

 and for which he or she has filed
a valid claim for benefits. Beginning on or after July 1, 2012, as a
condition of eligibility, an individual must have been unemployed
because of sickness for at least 7 consecutive days.

South Carolina
 state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW).
Facts and Figures

Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15.
 

Financing. Benefits paid to an individual discharged for misconduct
shall not be charged to the account of an employer with which the
individual has less than 8 weeks employment.

A contributing employer’s account must be credited for an
overpayment because of fraud regardless of the outcome of recoupment or
recovery.

Nonmonetary eligibility. An individual is disqualified for 20 weeks
if discharged from employment for misconduct (previously, 5-26 weeks).

Misconduct means willful and wanton disregard of an employer’s
interests; carelessness or negligence of such degree or recurrence as to

manifest
 1) adj., adv. completely obvious or evident. 2) n. a written list of goods in a shipment.


MANIFEST, com. law. A written instrument containing a true account of the cargo of a ship or commercial vessel.
     2.
 equal
culpability
 (See: culpable)
,
wrongful
 Forensic medicine An adjective with considerable medico-legal currency, used in several contexts. See Negligence.

Wrongful

Wrongful death An event that is usually regarded as negligent. See Negligence.
 intent, or evil design; or
intentional and substantial disregard of the employer’s interests
or of the employee’s duties and obligations. Misconduct shall not
be determined for a discharge resulting from an extreme hardship,
emergency, sickness, or other extraordinary
circumstance

.

Partial
ineligibility

 of 5 to 19 weeks (plus the waiting week) is
imposed if an individual is discharged for cause other than misconduct
with the most recent employment. The ineligibility period must be
determined in each case according to the seriousness of the cause for
discharge.

Discharges for
substandard

adj below an acceptable level of performance.
 performance because of inefficiency,
inability, or
incapacity

 are not a basis for disqualification.

South Dakota
 , state in the N central United States. It is bordered by North Dakota (N), Minnesota and Iowa (E), Nebraska (S), and Wyoming and Montana (W).
 

Financing. Benefits paid to individuals who leave employment to
accompany a spouse serving in the U.S. Armed Forces who has been
reassigned from one military assignment to another may not be charged to
the employer’s experience-rating account.

Nonmonetary eligibility. Unemployment benefits are allowed for
individuals who leave employment to accompany a spouse serving in the
U.S. Armed Forces who has been reassigned from one military assignment
to another.

Tennessee

Administration. By July 1, 2012, the Tennessee Department of Labor
and Workforce Development is required to implement an Internet based
system that allows employers to receive separation notices from the
department electronically and to submit separation information
electronically to the department. The system shall also have the
capability to allow an employer to initiate an appeal electronically.

By January 1, 2013, the department is required, at the request of
the employer, to begin including with an employer’s annual premium
rate notice the statement of benefits charged to the employer’s
experience rating account that affected that annual premium rate. The
rate notice shall include how an employer may opt in to having that
additional information included with the notice.

The commissioner of the department is authorized to develop a
program to check county jails for inmates who may be receiving
unemployment benefits in violation of the law. The commissioner is
required to
confer with

 local sheriffs to determine which system would
work best for the department and the local sheriffs. The commissioner
also is required to report to the Commerce, Labor, and Agriculture
Committee of the Senate and the Consumer and Employee Affairs Committee
of the House of Representatives by July 1, 2012, regarding the status of
such program.

Coverage. A professional employer organization shall be deemed an
employer of its covered employees.

Extensions and special programs. The Tennessee Works Pilot program
is established under the Tennessee Works Act of 2012 to provide job
training designed to attract new businesses to the state and to assist
in the expansion or retention of existing businesses in Tennessee. The
purposes of the pilot program are to

* enhance the state’s economic growth and
vitality

n.
1. The capacity to live, grow, or develop.

2. Physical or intellectual vigor; energy.
 by offering
assistance to privately owned businesses and industries in training a
new workforce and by creating new jobs and retaining and upgrading
existing jobs,

* provide technical education and training as a component of the
state’s economic development efforts,

* be flexible and responsive to the training needs of business and
industry in the state, and

* offer on-the-job training (
OJT
 
) programs to support existing
employees and
dislocated
  
tr.v. dis·lo·cat·ed, dis·lo·cat·ing, dis·lo·cates
1. To put out of usual or proper place, position, or relationship.

2.
 workers.

Tennessee Works Pilot program training grants will be awarded to
eligible businesses seeking to hire new employees during or after the
screening for potential employment grants. Such grants will be used for
the eligible training expenses of a dislocated worker

* who is a first-time unemployment insurance claimant and who shall
continue to receive unemployment insurance benefits during the screening
period,

* whose job is lost because of workforce
offshoring

 by the
worker’s former employers and who is currently under a valid trade
petition approved by the U.S. Department of Labor, or

* whose trade adjustment assistance funds shall only be awarded
through the Tennessee Works Pilot program and be used in limited cases
as an option to expedite employment in which these conditions in the
immediate above point are met.

A Tennessee Works Pilot program screening period shall last for up
to, but no more than, 8 weeks. At any time during the screening period
or after the screening period, the employer may elect to employ a
dislocated worker full time.

If an employer elects to employ the dislocated worker and to
provide additional OJT to the dislocated worker, then the employer will
be eligible to receive a wage offset in return for providing additional
OJT to the dislocated worker. The employment and training of a
dislocated worker shall be in accordance with the Tennessee Department
of Labor and Workforce Development’s existing OJT program and the
department’s rules and policies regarding the existing OJT program.

A dislocated worker shall no longer be eligible to receive
unemployment benefits or trade adjustment compensation if the dislocated
worker is employed and receiving OJT. If the employer does not retain
the dislocated worker following the OJT period and the dislocated worker
is otherwise eligible to receive unemployment insurance benefits, then
the dislocated worker can, upon filing a claim, resume receipt of
unemployment insurance benefits.

The Tennessee Works Pilot program shall be funded solely with funds
received by the state from the U.S. Department of Labor and shall be
subject to the availability of such funds and all laws
governing
  
v. gov·erned, gov·ern·ing, gov·erns

v.tr.
1. To make and administer the public policy and affairs of; exercise sovereign authority in.

2.
 the use
of the funds.

An employer shall no longer be eligible for grants through the
Tennessee Works Pilot program if the employer does not demonstrate a
pattern of continued employment of dislocated workers following the end
of the OJT period.

Financing. Benefits paid to individuals who leave employment to
accompany a spouse serving in the U.S. Armed Forces will not be charged
to the employer’s experience-rating account.

Professional employer organizations must pay state unemployment
insurance premiums as required by Tennessee law.

Professional employer organizations having one or more covered
employees must apply for a separate account number for each client
having one or more covered employees. Professional employer
organizations must keep separate records and submit separate state
unemployment insurance wage and premium reports with payments to report
the covered employees of each client by using the client’s state
employer account number and using the premium rate based on the
aggregate reserve ratio of the professional employer organization.

Professional employer organizations will use one of the two methods
provided for calculating the aggregate reserve ratio.

Professional employer organizations are prohibited from being
considered a successor employer to any client and from acquiring the
experience history of any client with whom no common ownership,
management, or control exists. A client is prohibited from being
considered a successor employer to any professional employer
organization and from acquiring any portion of the experience history of
the aggregate reserve account of the professional employer organization
with which no common ownership, management, or control exists.

A client must be
jointly and severally

 liable with a professional
employer organization for state unemployment premiums for each of the
client’s covered employees, provided, however, that a client shall
be relieved of joint and several liability for state unemployment
premiums if the professional employer organization has posted a
corporate
surety bond

An insurance fee required before a duplicate security is issued to replace one that has been lost. The fee is approximately 4% of the market value of the security to be replaced.
 in the amount of $100,000 for so long as the bond
remains in force.

Nonmonetary eligibility. A discharge is deemed a discharge for
misconduct connected with work when it results after an individual
entered into a written agreement with an employer to obtain a license or
certification by a specified date as a condition of employment and
willfully failed without good cause to obtain such license or
certification by the specified date.

Seasonality provisions are established. Effective with claims filed
on or after January 1, 2013, a seasonal employer is one that, because of
seasonal conditions making it impracticable or impossible to do
otherwise, customarily carries on production operations only within a
regularly
recurring
  
intr.v. re·curred, re·cur·ring, re·curs
1. To happen, come up, or show up again or repeatedly.

2. To return to one’s attention or memory.

3. To return in thought or discourse.
 active period or periods of less than an aggregate
of 36 weeks in a calendar year. The Tennessee Department of Workforce
Development must determine that the employer is seasonal. However, any
successor to a seasonal employer shall be deemed a seasonal employer
unless the successor requests cancellation of such status within 120
days after the acquisition. If the employer is determined or
redetermined seasonal, the department shall determine the
employer’s active period(s) and send the employer a notice of
determination or redetermination to be a seasonal employer.

Benefits based on seasonal employment shall be payable to a
seasonal worker in the employ of a seasonal employer for weeks of
unemployment that occur during such employer’s active period of
seasonal pursuit. Seasonal worker means an individual in the employ of a
seasonal employer only during the employer’s active period of
seasonal pursuit.

Seasonal wages means the wages earned by a seasonal worker as an
employee of a seasonal employer within the active period(s) of such
employer.

Benefits shall not be paid on services performed in seasonal
employment for any week of unemployment beginning after July 1, 2016,
that begins during the period between 2 successive normal active periods
of seasonal pursuit to any seasonal worker if that seasonal worker
performs the service in the first of the normal active periods and if
there is a reasonable assurance that the seasonal worker will perform
the service for a seasonal employer in the second of the active periods.
Reasonable assurance means a written, oral, or implied agreement that
the employee will perform services in the same or similar capacity
during the
ensuing
  
intr.v. en·sued, en·su·ing, en·sues
1. To follow as a consequence or result. See Synonyms at follow.

2. To take place subsequently.
 active period of a seasonal pursuit.

If benefits are denied to a seasonal worker for any week solely
because of this paragraph and the seasonal worker is not offered an
opportunity to perform in the second normal active period for which
reasonable assurance of employment had been given, the seasonal worker
is entitled to a retroactive payment of benefits for each week that the
seasonal worker previously filed a timely claim for benefits.

The benefits payable to any otherwise eligible seasonal worker
shall be calculated according to the seasonality provisions for any
benefit year that is established on or after the beginning date of a
determination that an employer is a seasonal employer if such seasonal
worker was employed by the seasonal employer during the base period
applicable to such benefit year, as if such determination had been
effective in such base period.

Misconduct was defined to include

1. conscious disregard of the rights or interests of the employer;

2. deliberate violations or disregard of reasonable standards of
behavior that the employer expects of an employee;

3. carelessness or negligence of such a degree or recurrence to
show an intentional or substantial disregard of the employer’s
interest or to manifest equal culpability, wrongful intent, or an
intentional and substantial disregard of the employer’s interests
or of the employee’s duties and obligations to the employer;

4. deliberate disregard of a written attendance policy and the
discharge is in compliance with such policy;

5. a knowing violation of a regulation of this state by an employee
of an employer licensed by this state, which the violation would cause
the employer to be sanctioned or have the employer’s license
revoked or suspended by this state; or

6. a violation of an employer’s rule, unless the claimant can
demonstrate that

* the claimant did not know and could not reasonably know of the
rule’s requirements or

* the rule is unlawful or not reasonably related to the job
environment and performance.

A claimant shall be ineligible for benefits if the claimant is

incarcerated
 /in·car·cer·at·ed/ () imprisoned; constricted; subjected to incarceration.


adj.
Confined or trapped, as a hernia.
 4 or more days in any week.

A claimant must provide detailed information regarding contact with
at least three employers per week or access services at a career center
and requires random audits of 1,000 claimants weekly to determine
compliance. If an audit determines false work search information was
provided, a claimant is disqualified for 8 weeks, effective September 1,
2012.

An employer is allowed to provide information prior to agency
request if the employer expects an issue to arise regarding an
employee’s separation, effective September 1, 2012.

An individual is disqualified for benefits

* for any week “wages in lieu of notice” are received,

* if a
severance package

 from an employer is equal to the salary
the employee would have received if the employee was working,

* if an individual discharged because of layoff refuses a job or a
similar job with equivalent salary by the most recent
employer–individual is disqualified until paid wages in covered
employment equal 10 times the weekly benefit amount, or

* if the individual’s offer of work is withdrawn because of a
refusal to take a drug test or a positive result from a drug
test–individual is disqualified until paid wages in covered employment
equal 10 times the weekly benefit amount.

The term “wages in lieu of notice” means wages paid to an
individual separated without notice, irrespective of the length of
service, that are equal to wages that would have been paid if the
individual had continued to work.

The amount of wages required to be considered suitable work as
equal or exceeding the average weekly wage in the individual’s
highest base-period quarter is defined according to the following
criteria:

* 100 percent during the first 13 weeks of unemployment

* 75 percent during the 14th through the 25th week of unemployment

* 70 percent during the 26th through the 38th week of unemployment

* 65 percent after the 38th week of unemployment

Wages must equal federal minimum wage to be considered suitable
work.

Unemployment benefits are allowed for individuals who voluntarily
leave employment to accompany a spouse who is serving in the U.S. Armed
Forces and has been transferred to another location. Applicants for
federal, state, or local public benefits must
attest

, under penalty of

perjury
 , in criminal law, the act of willfully and knowingly stating a falsehood under oath or under affirmation in judicial or administrative proceedings.
, to their status as a U.S. citizen or a qualified alien.
Acceptable forms of identification that applicants may present to attest
to their status as a U.S. citizen are listed in the law. Applicants
claiming qualified alien status must present at least one form of
documentation for verification through the Systematic Alien Verification
for Entitlements or save program. Penalties for knowingly and willfully
making a false,
fictitious

, or fraudulent statement or representation as
to citizenship or
immigration
 entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important.
 status are outlined in the law.

Overpayments. The period that overpayments can be collected was
extended from 3 years to 6 years.

The state Department of Revenue is allowed to offset any covered
unemployment compensation debt due to the Department of Labor and
Workforce Development against any federal income tax refund (1) due to
the claimant, if the overpayment is the result of fraud or failure to
report earnings or any assessed penalties or interest, and (2) due to
the taxpayer, if the obligation is the result of past-due contributions
that remain uncollected or any assessed penalties or interest.

Withdrawals from the Unemployment Trust Fund for the payment of
fees authorized under the U.S. Department of Treasury Offset Program are
permitted. In the state treasury, a fund to be known as the
“unemployment compensation special administrative fund” is
established that will consist of fines, fees, penalties, and interest
collected on delinquent payments.

Individuals who have received unemployment benefits by knowingly
misrepresenting, misstating, or failing to disclose any material fact or
by making a false statement or false representation without a good-faith
belief as to the correctness of the statement or representation must
repay the amount of benefits received. A penalty of 15 percent of the
amount of overpaid benefits received because of fraud is assessed.
Moneys collected by this penalty will be deposited into the state
Unemployment Compensation Fund. An additional penalty of 7.5 percent of
overpaid benefits received because of fraud is assessed. This additional
penalty is to be used to
defray
  
tr.v. de·frayed, de·fray·ing, de·frays
To undertake the payment of (costs or expenses); pay.


[French défrayer, from Old French desfrayer : des-,
 the costs of deterring, detecting, or
collecting overpayments. Interest at a rate of no more than 1.5 percent
per month is assessed on the total amount due that remains unpaid for a
period of 30 or more calendar days after the date on which the
commissioner sends notice of the overpayment determination to the
claimant’s last known address. A pending appeal of the
determination will not suspend the assessment of interest.

Moneys received by the department in repayment of unemployment
benefits and payment of penalties and interest will be first applied to
the unemployment benefits received and then to any interest due. The
department will used these moneys to defray the costs of deterring,
detecting, or collecting overpayments.

Utah

Financing. If money in the restricted account (Special
Administrative Expense Account) is used for a purpose unrelated to the
administration of the state Unemployment Compensation Program as
described in federal law, as amended, the Unemployment Insurance
Division shall develop and follow a cost allocation plan in compliance
with U.S. Department of Labor regulations, including the cost principles
described in the relevant parts of the
Code of Federal Regulations
 established a large number of new federal agencies, which generated a shapeless and confusing mass of new regulations.
.

Benefits paid to individuals who leave employment to accompany or
follow a spouse serving in the U.S. Armed Forces will not be charged to
the employer’s experience-rating account.

If the employer is a new employer, the basic contribution rate will
be based on the average benefit cost rate experience by employers of the
major industry, as defined by department rule, to which the new employer
belongs.

For calendar year 2012 only, if the calculation of the social
contribution rate is greater than 0.004, the social contribution rate
for calendar year 2012 is 0.004.

If the actual reserve fund balance as of June 30 preceding the
computation date is
insolvent

 or negative or if a loan from the federal
Unemployment Account or other
lending institution

 is outstanding, the
Utah Unemployment Insurance Division will set the reserve factor at
2.0000 until the division determines the actual reserve fund balance as
of June 30 preceding the computation date to be solvent or positive and
no loan is outstanding.

The maximum unemployment insurance contribution rate for an
employer is reduced from 9 percent plus the social contribution rate to
7 percent plus the social contribution rate beginning in calendar year
2012.

If an employer makes a contribution payment based on the overall
contribution rate in effect at the time the payment was made and it
retroactively reduces the overall contribution rate for that payment,
the division

* may not directly refund the difference between what the employer
paid and what the employer would have paid under the new rate and

* shall allow the employer to adjust a future contribution payment
to offset the difference between what the employer paid and what the
employer would have paid under the new rate.

The division is allowed to accept an offer of compromise from an
employer or claimant to reduce past-due debt under certain
circumstances, and the division must make rules allowing for an offer of
compromise.

Nonmonetary eligibility. Benefits are denied to individuals based
on services in a professional or nonprofessional capacity to or on
behalf of an educational institution and who worked for certain
governmental entities, Indian tribes, or nonprofit organizations to
which federal law applies. The denial applies between 2 successive
academic years or regular terms whether successive or during a period of
paid sabbatical leave or holiday periods within school years or terms.

Unemployment benefits are allowed for individuals who voluntarily
leave employment to accompany or follow a spouse who is serving in the
U.S. Armed Forces on active duty and has been
relocated
  
v. re·lo·cat·ed, re·lo·cat·ing, re·lo·cates

v.tr.
To move to or establish in a new place:

v.intr.
 to a full-time
assignment lasting at least 180 days. Benefits under this provision will
be allowed if it is impractical for the individual to
commute

 to the
previous work from the new locality, if the individual left work no
earlier than 15 days before the scheduled start date of the
spouse’s active-duty assignment, and if the individual otherwise
meets all eligibility and reporting requirements, including registering
for work.

Virginia

Financing. Annual payment of unemployment taxes and filing of
affiliated reports for employers of individuals providing domestic
service in a private home, regardless of the total payroll cost or
number of persons providing the domestic service, are allowed.

Language stating that to qualify for this election, an employer
will have a total payroll in each calendar quarter that does not exceed
$5,000, regardless of the number of persons providing such domestic
service, is repealed.

Monetary eligibility. For claims effective on or after July 6,
2008, but before July 6, 2014 (previously, July 1, 2012), the minimum
weekly benefit amount remains at $54 and the maximum weekly benefit
amount remains at $378; a total of $2,700 in the two high quarters of
the base period remains the amount needed to monetarily qualify, and a
minimum of $18,900.01 remains as the amount required for the maximum
weekly benefit amount.

Beginning July 6, 2014 (previously, July 1, 2012), for claims
effective on or after July 6, 2014 (previously, July 1, 2012), the
minimum weekly benefit amount increases from $54 to $60 and the maximum
weekly benefit amount remains at $378. A total of $3,000.00 (previously,
$2,700.00) in the two high quarters of the base period is needed to
monetarily qualify, and a minimum of $18,900.01 remains as the amount
required for the maximum weekly benefit amount.

Washington

Financing. Penalties, rate computations, and sanctions will be
applied if the Washington Employment Security Department finds that a
significant purpose of the transfer of a business is to obtain a
reduced-array calculation factor rate.

A predecessor-successor relationship does not exist for experience
rating purposes if an employer transfers the business or its
operating
assets

 to move or expand an existing business. If both employers are
under substantially common ownership, management, or control at the time
of the transfer, the transferring employer’s experience will
transfer and be combined with the experience of the employer to which
the business is transferred.

Any provisions in conflict with requirements to receive federal
funds or unemployment tax credits will be
inoperative

.

Extensions and special programs. The state’s special sea
(Self-Employment Assistance) program was amended. The Washington
Employment Security Department is required to inform all individuals
meeting the benefit eligibility conditions of the availability of sea
and entrepreneurial training programs and of the training provisions
that would allow them to pursue commissioner-approved training. In
addition, when individuals are identified as likely to
exhaust

 benefits
and are otherwise eligible for commissioner-approved training, the
department must inform such individuals of the opportunity to enroll in
commissioner-approved sea programs. Among other requirements, an
unemployed individual is eligible to participate in a self-employment
assistance program if it has been determined that he or she is otherwise
eligible for commissioner-approved training.

The following language has been removed from the sea program
provisions: An individual completing the program may not directly
compete with his or her separating employer for a specific time and in a
specific geographic area. The time may not, in any case, exceed 1 year.
Both the time and the geographic area must be reasonable, considering
the following factors: (1) whether
restraining

 the individual from
performing services is necessary for the protection of the employer or
the employer’s goodwill, (2) whether the agreement harms the
individual more than is reasonably necessary to secure the
employer’s business or goodwill, and (3) whether the loss of the
employee’s services and skills injures the public to a degree
warranting nonenforcement of the agreement.

The date for the department to report on the performance of the sea
program was extended from December 1, 2011, to December 1, 2015.

Individuals eligible for services under the federal Workforce
Investment Act, Public Law 105-220, or its successor must be provided
the opportunity to enroll in sea or entrepreneurial training programs to
prepare them for self-employment on the same basis as they are provided
the opportunity to enroll in other training programs under such act. The
department must work with local workforce development councils to ensure
that the contracting process with training providers is efficient and
that the number of entrepreneurial training providers on the
state’s eligible training provider list is sufficient to meet
demand. Each local workforce development council must (1) notify all
individuals eligible for services under the Workforce Investment Act of
the availability of sea and entrepreneurial training and (2) establish
and implement a plan for expending Workforce Investment Act funds on sea
and entrepreneurial training at a rate that is
commensurate
  
adj.
1. Of the same size, extent, or duration as another.

2. Corresponding in size or degree; proportionate:

3.
 with either
the demand for such services or the rate of self-employment within the
council’s workforce development area.

Financing. Penalties, rate computations, and sanctions will be
applied if the Washington Employment Security Department finds that a
significant purpose of the transfer of a business is to obtain a reduced
array calculation factor rate.

A predecessor-successor relationship does not exist for experience
rating purposes if an employer transfers the business or its operating
assets to move or expand an existing business. If both employers are
under substantially common ownership, management, or control at the time
of the transfer, the transferring employer’s experience will
transfer and be combined with the experience of the employer to which
the business is transferred.

Any provisions in conflict with requirements to receive federal
funds or unemployment tax credits will be inoperative.

West Virginia
 E central state of the United States. It is bordered by Pennsylvania and Maryland (N), Virginia (E and S), and Kentucky and, across the Ohio R., Ohio (W).
Facts and Figures

Area, 24,181 sq mi (62,629 sq km). Pop.
 

Financing. Benefits paid to individuals who voluntarily leave
employment to accompany a spouse serving in the U.S. Armed Forces who
has been reassigned from one military assignment to another will not be
charged to the employer’s experience-rating account.

Effective July 1, 2012, contributory employer’s account shall
not be relieved of charges related to a payment from the state
Unemployment Fund if it is determined that

* an erroneous payment was made because the employer, or an agent
of the employer, was at fault for failing to respond timely or
adequately to the request from an agency for information relating to the
claim for compensation and

* the employer, or agent, has established a pattern of failing to
respond timely or adequately to such requests.

The term “erroneous payment” means a payment that, but
for the failure by the employer or the employer’s agent with
respect to the claim for unemployment compensation, would not have been
made.

The term “pattern of failing” means repeated documented
failure on the part of the employer, or the agent of the employer, to
respond as requested, considering the number of instances of failure in
relation to the total volume of requests by the agency to the employer
or the employer’s agent.

Nonmonetary eligibility. Unemployment benefits are allowed for
individuals who voluntarily leave employment to accompany a spouse
serving in the U.S. Armed Forces who has been reassigned from one
military assignment to another.

Overpayments. An individual who knowingly makes a false statement
or representation or who knowingly fails to disclose a material fact to
obtain unemployment benefits is guilty of a misdemeanor and shall be
punished by a fine not less than $100 or more than $1,000 or by
imprisonment for no longer than 30 days, or both, and by full repayment
of all benefits obtained fraudulently. Each false statement or
representation, or failure to disclose a material fact, is a separate
offense.

After July 1, 2012, an additional penalty of 20 percent of the
amount of the erroneous payment is assessed. The first 75 percent of the
penalty shall be deposited in the state Unemployment Compensation Trust
Fund, and the remaining 25 percent shall be deposited in a special
administrative account to be used for increased integrity activities.
Penalty amounts may not be used to offset future benefits payable to
benefit recipients.

Wisconsin

Financing. If more than one employing unit has a relationship with
an employee, the Wisconsin Department of Workforce Development will
determine which employing unit is the employer by considering specified
factors in the employing unit’s contract with the employee and
which employing unit

* benefits directly or indirectly from the services performed by
the employee,

* maintains a pool of workers who are available to perform the
services in question, and

* is responsible for employee compliance with applicable regulatory
laws and for enforcement of such compliance. (All factors are applicable
to services performed after December 31, 2011.)

A provider of home healthcare and personal care services for
medical assistance recipients is allowed to elect to be the employer of
employees providing those services. The provider must, as a condition of
eligibility for election, notify the recipient in writing of such
services of its election for purposes of the unemployment insurance law
and to be treated as the employer by the federal Internal Revenue
Service for federal unemployment tax purposes, applicable to services
performed after December 31, 2011.

A separate, nonlapsable unemployment interest payment fund was
established that will be used to pay interest due on Title XII federal
advances. The following moneys will be credited to this fund: the annual
assessment on employers that is used to pay interest on Title XII
federal advances, any interest earned on the assessments, and any
interest or penalties collected from delinquent employers. (Under prior
law, the assessment was credited to the administration account.) The
department is authorized to use any excess funds to pay interest owed in
subsequent years on advances or if additional interest obligations are
unlikely, excess funds will be transferred and credited to the balancing
account of the unemployment reserve fund to pay benefits.

The department will redetermine the contribution rate of a
successor employer immediately prior to the effective date of a transfer
as of the applicable computation date effective for contributions
payable beginning in the first calendar year following the date of the
transfer (previously, the beginning of the first quarter after the
transfer), applicable to transfers after December 31, 2011.

A separate, nonlapsable program integrity fund in the unemployment
reserve account is established for deposit of overpayments collected
because of fraud by acts of
concealment

See also Refuge.

Ali Baba

40 thieves concealed in oil jars. [Arab. Lit.: Arabian Nights]

ark of bulrushes

Moses hidden in basket to escape infanticide. [O.T.
 by claimants; funds may be used
to pay for integrity activities such as fraud detection and prevention,
applicable October 21, 2013, and repealed effective January 1, 2014.
(Previously, such overpayments were credited to the balancing account of
the unemployment reserve account.)

The definition of “debt” is also defined as a delinquent
assessment on Title XII federal advance funds.

Nonmonetary eligibility. Individuals, in addition to other
requirements, must conduct a reasonable search for work unless waived by
the department. An individual is ineligible for benefits for any week
that he or she is determined to have failed to conduct a reasonable
search for suitable work that has not been waived. If benefits have been
paid for such week, the department may recover the overpayment,
applicable April 29, 2012.

The individual is ineligible for benefits for any week if one or
more of the following applies to the individual for 32 hours or more in
a week:

* The individual performs work.

* The individual receives wages.

* The individual receives holiday pay, vacation pay, termination
pay, or sick pay.

The individual is ineligible for benefits for any week in which the
individual receives from one or more employers more than $500 in wages
for work performed or for sick pay, holiday pay, vacation pay, or
termination pay (by itself or in combination with wages), applicable
October 21, 2012.

Overpayments. The law changes the penalties for overpayments
because of fraud by acts of concealment by claimants. The individual is
ineligible for benefits for each single act of concealment in an amount
equivalent to

* 2 times the weekly benefit amount before the date of the first
determination (previously, 1 time the weekly benefit amount);

* 4 times the weekly benefit rate after the date of the first
determination (previously, 3 times the weekly benefit amount); or

* 8 times the weekly benefit rate after the date of the second or
subsequent determination (previously, 5 times the weekly benefit
amount).

These penalties just listed will be applied to any weeks for which
the individual would otherwise be eligible, and the individual will not
receive credit for the waiting week. (Penalties applicable to weeks of
unemployment beginning October 21, 2012.)

Overpayments from failure to report earnings

* will be deposited in the “balancing account” of the
state’s unemployment reserve fund when recovered and

* may be recovered through offset against a federal tax refund.

Under the U.S. Department of Treasury Offset Program, the payment
of fees and expenses for collection of overpayments because of failure
to report earnings is authorized to be withdrawn from the unemployment
reserve fund, applicable October 21, 2012.

Wyoming

Overpayments. Employers are required to include in their new hire
reports the date that services for remuneration were first performed by
a newly hired employee. Prior law required new hire reports to contain
the name, address, and Social Security number of the employee and the
name, address, and
employer identification number

 of the employer.

The term “newly hired employee” means an individual who
has not previously been employed by the employer or was previously
employed by the employer but has been separated from employment with
that employer for at least 60 days.

Loryn Lancaster is an unemployment insurance program specialist in
the Division of Legislation, Office of Unemployment Insurance,
Employment and Training Administration, U.S. Department of Labor. Email:
lancaster.loryn@dol.gov.