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Title 7 Benefits and Claims

Section 590
Rights to benefits
Section 591
Eligibility for benefits
Section 591-a
Self-employment assistance program
Section 592
Suspension of accumulation of benefit rights
Section 593
Disqualification for benefits
Section 594
Reduction and recovery of benefits and penalties for willful false statement
Section 595
Benefit right inalienable
Section 596
Claim filing, registration and reporting
Section 597
Initial determination
Section 598
Effect of payments for failure to provide notice of a facility closure
Section 599
Vocational training; preservation of eligibility
Section 600
Effect of retirement payments
Section 601
Extended benefits

Sec 590. Rights to benefits.

1. Entitlement to benefits. A claimant shall be entitled to accumulate effective days for the purpose of benefit rights only if he has complied with the provisions of this article regarding the filing of his claim, including the filing of a valid original claim, registered as totally unemployed, reported his subsequent employment and unemployment, and reported for work or otherwise given notice of the continuance of his unemployment.

Subd.2 as amended by L. 1983, Ch. 415, effective September 5, 1983. Repealed
by L. 1998, Ch 589, effective April 1, 1999.

3. Compensable periods. Benefits shall be paid for each accumulation of effective days within a week.

4. Duration. Benefits shall not be paid for more than one hundred and four effective days in any benefit year, except as provided in section six hundred one and subdivision two of section five hundred ninety-nine of this chapter.

Subd. 4 as amended by L. 1971, Ch. 2 effective January 1, 1971; further amended by
L. 1987, Ch. 457 effective October 25, 1987.

5. Benefit rate. (a)  A claimant’s weekly benefit amount shall be one twenty-sixth of the remuneration paid during the highest calendar quarter of the base period by employers, liable for contributions or payments in lieu of contributions under this article, provided the claimant has remuneration paid in all four calendar quarters during his or her base period or alternate base period.  However, for any claimant who has remuneration paid in all four calendar quarters during his or her base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contributions under this article. A claimant's weekly benefit shall be one twenty-sixth of the average remuneration paid in the two highest quarters paid during the base period or alternate base period by employers liable for contributions or payments in lieu of contributions under this article when the claimant has remuneration paid in two or three calendar quarters provided however, that a claimant whose high calendar quarter is four thousand dollars or less but greater than three thousand five hundred seventy-five dollars shall have a weekly benefit amount of one twenty-sixth of such high calendar quarter.  However, for any claimant who has remuneration paid in two or three calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contributions under this article.  Any claimant whose high calendar quarter remuneration during the base period is more than three thousand five hundred seventy-five dollars shall not have a weekly benefit amount less than one hundred forty-three dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be lowered to the next multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly benefit amount shall not exceed three hundred sixty-five dollars nor be less than forty dollars, until the first Monday of September, two thousand, at which time the maximum benefit payable pursuant to this subdivision shall equal one-half of the state average weekly wage for covered employment as calculated by the department no sooner than July first, two thousand and no later than August first, two thousand, rounded down to the lowest dollar.  On and after the first Monday of October, two thousand fourteen, the weekly benefit shall not be less than one hundred dollars, nor shall it exceed four hundred twenty dollars until the first Monday of October, two thousand fifteen when the maximum benefit amount shall be four hundred twenty-five dollars, until the first Monday of October, two thousand sixteen when the maximum benefit amount shall be four hundred thirty dollars, until the first Monday of October, two thousand seventeen when the maximum benefit amount shall be four hundred thirty-five dollars, until the first Monday of October, two thousand eighteen when the maximum benefit amount shall be four hundred fifty dollars, until the first Monday of October, two thousand nineteen when the maximum benefit amount shall be thirty-six percent of the average weekly wage, until the first Monday of October, two thousand twenty when the maximum benefit amount shall be thirty-eight percent of the average weekly wage, until the first Monday of October, two thousand twenty-one when the maximum benefit amount shall be forty percent of the average weekly wage, until the first Monday of October, two thousand twenty-two when the maximum benefit amount shall be forty-two percent of the average weekly wage, until the first Monday of October, two thousand twenty-three when the maximum benefit amount shall be forty-four percent of the average weekly wage, until the first Monday of October, two thousand twenty-four when the maximum benefit amount shall be forty-six percent of the average weekly wage, until the first Monday of October, two thousand twenty-five when the maximum benefit amount shall be forty-eight percent of the average weekly wage, until the first Monday of October, two thousand twenty-six and each year thereafter on the first Monday of October when the maximum benefit amount shall be fifty percent of the average weekly wage provided, however, that in no event shall the maximum benefit amount be reduced from the previous year.
(b) Notwithstanding the foregoing, the maximum benefit amount shall not be increased in accordance with the schedule set forth in paragraph (a) of this subdivision in any year in which the commissioner determines that the state has had a decrease in private sector jobs in each month of the first two calendar quarters of the year in which the maximum benefit amount increase is scheduled to occur.  If the commissioner determines that the state has not had a decrease in private sector jobs in each month in the first two calendar quarters in years subsequent to such suspension of an increase in the maximum benefit amount, then the maximum benefit amount shall increase to the amount for the year previously scheduled to be established pursuant to paragraph (a) of this subdivision had the increase not been suspended and increased annually thereafter in accordance with the schedule set forth in paragraph (a) of this subdivision.  In no case shall such suspension result in a reduction of the maximum benefit amount to less than the amount provided in the most recent year.   

Former Subd. 5 repealed and former Subd.7 renumbered to Subd. 5 by L. 1977, Ch. 675,
effective September 4, 1978; amended by L. 1983, Ch. 415, effective July 9, 1984 and L. 1989,
Ch. 38, effective April 17, 1989. Further amended by L. 1998, Ch 689, effectiveAugust 13, 1998.
Subd. 5 repealed and new Subd. 5 added by L. 1998, Ch. 589, effective April 1, 1999, and
further repealed and added by L. 1998, Ch. 589, effective January 1, 2000
Subd. 5 amended by L. 2003, Ch. 413, effective August 26, 2003 and further amended by L. 2013, Ch. 57, effective January 1, 2014.
 

6. Notification requirement. No effective day shall be counted for any purposes except effective days as to which notification has been given in a manner prescribed by the commissioner.

Formerb Subd .6 repealed and former Subd. 8 renumbered to Subd. 6 by L. 1988, Ch. 675,
effective January 1, 1978.

7. Waiting period. A claimant shall not be entitled to accumulate effective days for the purpose of benefit payments until he has accumulated a waiting period of four effective days either wholly within the week in which he established his valid original claim or partly within such week and partly within his benefit year initiated by such claim.

Former Subd. 7 repealed and former Subd. 9 renumbered to Subd. 7 by L. 1977, Ch. 675.
Amended by L. 1983, Ch. 415 effective September 5, 1983 and L. 1998, Ch. 9 effective
January 5, 1998 and amended provisions repealed by L. 1998, Ch. 9 effective February 1, 1998.

8. Benefit payments to professional athletes. If substantially all of a claimant`s employment during his base period is as a participant in sports or athletic events or in training or preparing to so participate, no benefits shall be payable for any week commencing during the period between two successive sports seasons or similar periods, provided there is a reasonable assurance that the claimant will perform services in such capacity for both of such seasons or similar periods. For the purposes of this subdivision, "reasonable assurance" shall mean a written contract that the claimant will perform services in the same capacity during the ensuing sports season or similar period or a claimant`s offering of services in the successive season or similar period and an interest by an employer in employing him.

Subd. 8 as added by L. 1977, Ch. 675 effective January 1, 1978. Former Subd. 8
renumbered to Subd. 6.

9. Benefits based on employment performed by illegal aliens.

(a) Remuneration received by a claimant who was an alien at the time such remuneration was paid shall not be taken into consideration for the purpose of establishing rights to benefits under this article unless the claimant was then lawfully admitted for permanent residence in the United States, was then lawfully present for purposes of performing such services or was then permanently residing in the United States under color of law, including a claimant lawfully present pursuant to section 207 or 208 of the federal immigration and nationality act.

Paragraph (a) as amended by L. 1991, Ch. 248 effective July 1, 1991, and further amended by L. 1998, Ch. 589, effective April 1, 1999.

(b) A determination that benefits are not payable to a claimant because of the claimant`s alien status shall be made only upon a preponderance of the evidence, and shall be effective only if it is in conformity with section 3304 (a) (14) of the federal unemployment tax act.

(c) Any data or information required of a claimant to determine whether benefits are not payable to him because of his alien status shall be uniformly required from all claimants.

(d) An alien who is not eligible under 8 USC 1621(a) shall be eligible for benefits, provided such alien is eligible for benefits under the provisions of this article and section 3304 (a) (14) of the federal unemployment tax act.

Subd. 9 as added by L. 1977, Ch. 675 effective January 1, 1978. Former Subd. 9 renumbered to Subd. 7.  Subd. 9 (d) as added by L. 2013, Ch. 57 effective March 29, 2013.

10. Benefits based on professional employment with educational institutions.If a claimant was employed in an instructional, research, or principal administrative capacity by an institution of education, or performed services in such an institution in such capacity while employed by an educational service agency, the following shall apply to any week commencing during the period between two successive academic years or terms, or during a similar period between two regular but not successive terms when the contract provides therefor instead, provided the claimant has a contract to perform, or there is a reasonable assurance that the claimant will perform, services in such capacity for any such institution or institutions for both of such academic years or such terms, and to any week commencing during an established and customary vacation period or holiday recess, not between such academic terms or years, provided the claimant performed services for such institution immediately before such vacation period or holiday recess and there is a reasonable assurance that the claimant will perform any services described in this subdivision or subdivision eleven of this section in the period immediately following such vacation period or holiday recess:

(a) In the case of a claimant who has no current benefit year, whether the claimant meets the conditions of section five hundred twenty-seven in any such week shall be determined by disregarding the remuneration paid for such employment.

(b) In the case of a claimant who does have a current benefit year, no benefits shall be payable with respect to any such week provided the claimant would not have met the conditions of section five hundred twenty-seven in the week in which the claimant filed a valid original claim if the remuneration paid for such employment is disregarded.

(c) The benefit rate of a claimant with respect to any such week shall be determined or redetermined by disregarding the remuneration paid for such employment.

"Educational service agency" means a governmental agency or governmental entity or Indian tribal entity which is established and operated exclusively for the purpose of providing to one or more educational institutions services mentioned under this subdivision or subdivision eleven of this section. For purposes of this subdivision or subdivision eleven of this section, "educational institution" shall include any not-for-profit community art school which is chartered as a school by the board of regents of the university of state of New York.

Subd. 10 as added by L. 1971, Ch. 1027, effective January 1, 1972. Amended by L. 1977,
Ch. 675, effective January 1, 1978, L. 1984, Ch. 121, effective April 2, 1984, L. 1993, Ch. 628,
effective August 14, 1993, and L. 1998, Ch. 589, effective April 1, 1999. Further amended by L.2002, Ch. 102, effective June 18, 2002, and in full force and effect on and after December 21, 2000.

11. Benefits based on non-professional employment with certain educational institutions. If a claimant was employed in other than an instructional, research or principal administrative capacity by an educational institution, or performed services in such an institution in such capacity while employed by an educational service agency, the following shall apply to any week commencing during the period between two successive academic years or terms provided there is a reasonable assurance that the claimant will perform services in such capacity for any such institution or institutions for both of such academic years or terms, and to any week commencing during an established and customary vacation period or holiday recess, not between such academic terms or years, provided the claimant performed services for such institution immediately before such vacation period or holiday recess and there is a reasonable assurance that the claimant will perform any services described in this subdivision or subdivision ten of this section in the period immediately following such vacation period or holiday recess:

(a) In the case of a claimant who has no current benefit year, whether the claimant meets the conditions of section five hundred twenty-seven in any such week shall be determined by disregarding the remuneration paid for such employment.

(b) In the case of a claimant who does have a current benefit year, no benefits shall be payable with respect to any such week provided the claimant would not have met the conditions of section five hundred twenty-seven in the week in which the claimant filed a valid original claim if the remuneration paid for such employment is disregarded.

(c) The benefit rate of a claimant with respect to any such week shall be determined or redetermined by disregarding the remuneration paid for such employment.

(d) Notwithstanding the foregoing provisions of this subdivision, a claimant who was not offered an opportunity to perform services for the educational institution for the second of such academic years or terms shall be entitled to be paid benefits retroactively for each week for which the claimant filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision.

"Educational service agency" means a governmental agency or governmental entity or Indian tribal entity which is established and operated exclusively for the purpose of providing to one or more educational institutions services mentioned under this subdivision or subdivision ten of this section.

Subd. 11 as added by L. 1977, Ch. 675, effective January 1, 1978, and amended by L. 1983,
Ch. 554, effective July 20, 1983, L. 1984, Ch. 121, effective April 2, 1984, and L. 1998, Ch. 589, effective April 1, 1999. Further amended by L. 2002, Ch. 102, effective June 28, 2002, and in full force and effect on and after December 21, 2000.

12. An individual claimant who has received a determination of entitlement pursuant to section five hundred twenty-seven of this article may request the commissioner to reconsider the benefit rate to which such claimant is entitled under the following circumstances:

(a) (1) the claimant filed a valid original claim pursuant to subdivision one or two of section five hundred twenty-seven of this article or, in the event the claimant exercised his or her right to apply to the commissioner to determine his or her benefits pursuant to paragraph (b) of subdivision two of such section, the claimant selected the base period to be utilized; and

(2) after the establishment of the base period to utilize pursuant to subparagraph one of this paragraph, and within ten days of the date of the mailing of the determination of the benefit rate to which the claimant is entitled for such base period by the commissioner, the claimant produces proof satisfactory to the commissioner and consistent with wage data contained in the statewide wage reporting system maintained by the department of taxation and finance or, in the commissioner’s sole discretion, sufficient to warrant its use in the event that it is inconsistent with such wage data, that he or she has at least twenty weeks of employment, as defined in section five hundred twenty-four of this chapter, in such established base period. Such proof shall include paycheck stubs, payroll envelopes, or cancelled checks.

(b) in the event that a claimant submits a request for reconsideration of the benefit rate to the commissioner pursuant to paragraph (a) of this subdivision, and one-half of the average weekly wage of all wages paid for all weeks of employment for which proof satisfactory to the commissioner was submitted pursuant to subparagraph two of paragraph (a) of this subdivision during the established base period referenced in such paragraph is at least five dollars more than the weekly benefit amount calculated pursuant to subdivision five of this section, the commissioner shall determine the claimant’s benefit rate to be such amount, but in no event shall such amount be more than the maximum benefit rate in effect pursuant to subdivision five of this section.

Subd.12 repealed by L. 1984, Ch. 121, effective April 2, 1984, and new Subd. 12 added by
L. 2000, Ch. 5, effective April 17, 2000.

Sec. 591. Eligibility for benefits.

1. Unemployment. Benefits, except as provided in section five hundred ninety-one-a of this title, shall be paid only to a claimant who is totally unemployed and who is unable to engage in his usual employment or in any other for which he is reasonably fitted by training and experience. A claimant who is receiving benefits under this article shall not be denied such benefits pursuant to this subdivision or to subdivision two of this section because of such claimant`s service on a grand or petit jury of any state or of the United States.

Subd. 1 as amended by L. 1981, Ch. 446 effective July 7, 1981 and L. 1994, Ch. 596 effective
January 1, 1995. In effect until December 7, 2002.

2. Availability, capability and work search. Except as provided in section five hundred ninety-one-a of this title, no benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his or her usual employment or in any other for which he or she is reasonably fitted by training and experience and who is not actively seeking work.  In order to be actively seeking work a claimant must be engaged in systematic and sustained efforts to find work.  The commissioner shall promulgate regulations defining systematic and sustained efforts to find work and setting standards for the proof of work search efforts. 

Subd. 2 as amended by L. 1994, Ch. 596, effective January 1, 1995 and further amended by L. 2013, Ch. 57, effective January 1, 2014.

3. Vacation period or holiday. (a) No benefits shall be payable to a claimant for any day during a paid vacation period, or for a paid holiday, nor shall any such day be considered a day of total unemployment under section five hundred twenty-two of this article.

(b) The term "vacation period", as used in this subdivision, means the time designated for vacation purposes in accordance with the collective bargaining agreement or the employment contract or by the employer and the claimant, his union, or his representative. If either the collective bargaining agreement or the employment contract is silent as to such time, or if there be no collective bargaining agreement or employment contract, then the time so designated in writing and announced to the employees in advance by the employer is to be considered such vacation period.

(c) A paid vacation period or a paid holiday is a vacation period or a holiday for which a claimant is given a payment or allowance not later than thirty days thereafter, directly by his employer or through a fund, trustee, custodian or like medium provided the amount thereof has been contributed solely by the employer on behalf of the claimant and the amount so contributed by the employer is paid over in full to the claimant without any deductions other than those required by law, even if such payment or allowance be deemed to be remuneration for prior services rendered as an accrued contractual right, and irrespective of whether the employment has or has not been terminated.

(d) Any agreement expressed or implied by a claimant or by his union or other representative to a plant or department shut down for vacation purposes is not of itself to be considered either a withdrawal by such employee from the labor market during the time of such vacation shut down or to render him unavailable for employment during the time of such vacation shut down.

Subd. 3 as amended by L. 1963, Ch. 794 effective April 26, 1963.

4. (a) An unemployed individual shall be eligible to receive benefits with respect to any week only if such individual participates in reemployment services, such as job search assistance services, available under any state or federal law, if the individual has been determined to be likely to exhaust regular benefits and needs reemployment services pursuant to a profiling system established by the commissioner, unless the commissioner determines that:

(i) the individual has completed such services; or
(ii) there is justifiable cause for the claimant`s failure to participate in such services.

(b) Such profiling system shall be established pursuant to a plan of the department which shall include, but not be limited to:

(i) specification of the profiling methodology, including factors used to determine a claimant`s required participation in reemployment services and the statistical relationship of such factors to the exhaustion of benefits by certain claimants;
(ii) standards to be used to insure that all claimants are uniformly evaluated against the profiling criteria;
(iii) a description of criteria to be used to make assignments to basic reemployment services offered;
(iv) procedures for notification of the right of appeal and for appeal by a claimant of the profiling assessment and referral of the department;
(v) an evaluation of the extent to which reemployment services are available throughout the state and accessible to claimants;
(vi) a demonstration of efforts by the department to coordinate with the local providers offering reemployment services, to avoid duplication of services among providers offering similar reemployment services to the same participant group;
(vii) policies and procedures for referrals to reemployment services, including referrals to providers other than the department; and (viii) guidelines governing the extent to which education and skills or occupational training shall be offered.

(c) The department shall, at a time and in a manner consistent with federal requirements, submit a report to the temporary president of the senate and the speaker of the assembly on the profiling system authorized herein except that such report:

(i) shall be submitted to the temporary president of the senate and the speaker of the assembly no later than September first, nineteen hundred ninety-five and annually thereafter, and
(ii) shall include data on the number of individuals profiled and the number of profiled individuals exhausting benefits as well as a description of the service or services provided to profiled individuals and the number of individuals referred for reemployment services during the program year ending the preceding June thirtieth.

Subd. 4 as added by L. 1994, Ch. 586 effective October 1, 1994.

5. Maximum combined payments. If a claimant is receiving benefits pursuant to subdivision six of section fifteen of the workers` compensation law, the unemployment benefits to which a claimant may be entitled pursuant to this article shall be limited to the difference between the amount of workers` compensation benefits and one hundred percent of the claimant`saverage weekly wage.

Subd. 5 as added by L. 1996, Ch. 635, effective September 10, 1996.

6.  Dismissal pay.  (a) No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay, nor shall any day within such week be considered a day of total unemployment under section five hundred twenty-two of this article, if such weekly dismissal pay exceeds the maximum weekly benefit rate.
(b) The term "dismissal pay", as used in this subdivision, means one or more payments made by an employer to an employee due to his or her separation from service of the employer regardless of whether the employer is legally bound by contract, statute or otherwise to make such payments.  The term does not include payments for pension, retirement, accrued leave, and health insurance or payments for supplemental unemployment benefits. 
(c) The term "dismissal period", as used in this subdivision, means the time designated for weeks of dismissal pay attributable to the claimant's weekly earnings in accordance with the collective bargaining agreement, employment contract, employer's dismissal policy, dismissal agreement with the employer or other such agreement.  If no such agreement, contract or policy designates a dismissal period, then the dismissal period shall be the time designated in writing in advance by the employer to be considered the dismissal period.  If no time period is designated, the dismissal period shall commence on the day after the claimant's last day of employment.  If the dismissal payment is in a lump sum amount or for an indefinte period, dismissal payments shall be allocated on a weekly basis from the day after the claimant's last day of employment and the claimant shall not be eligible for benefits for any week for which it is determined that the claimant receives dismissal pay.  The amount of dismissal pay shall be allocated based on the claimant's actual weekly remuneration paid by the employer during his or her employment or, if such amount cannot be determined, the amount of the claimant's average weekly wage for the highest calendar quarter. 
(d) Notwithstanding the foregoing, the provisions of this subdivision shall not apply during any weeks in which the initial payment of dismissal pay is made more than thirty days from the last day of the claimant's employment. 

Subd. 6 as added by L. 2013, Ch.57, effective January 1, 2014.

§591 as amended by L. 1953, Ch. 720, effective May 4, 1953.

*Sec. 591-a. Self-employment assistance program.

1. The department is hereby authorized and empowered to establish and operate a self-employment assistance program as authorized pursuant to subsection (t) of section 3306 of the internal revenue code.

2. For the purposes of this section, the term "self-employment assistance program" means a program under which:

(a) individuals who meet the requirements described in paragraph (c) of this subdivision are eligible to receive an allowance in lieu of regular unemployment benefits for the purpose of assisting such individuals in establishing a business and becoming self-employed;

(b) the allowance payable to individuals pursuant to paragraph (a)  of this subdivision is payable in the same amount, at the same interval, on the same terms,  and subject to the same conditions, as regular unemployment benefits and the sum of any allowance paid under this section and regular benefits, as defined in this section, paid for any benefit year shall not exceed the maximum amount of benefits payable under this article, except:

(i) requirements relating to total unemployment, as defined in section five hundred twenty-two of this article, availability for work and search for work, as set forth in subdivision two of section five hundred ninety-one of this title and refusal to accept work, as set forth in subdivision two of section five hundred ninety-three of this title, are not applicable to such individuals;

(ii)requirements relating to disqualifying income, as set forth in section five hundred twenty-three of this article, are not applicable to income earned from self-employment entered into by such individuals as a result of their participation in self-employment assistance programs as defined in this section; and

(iii) such individuals are considered to be unemployed for the purposes of laws applicable to unemployment benefits, as long as such individuals meet the requirements applicable under this subdivision;

(c) individuals may receive the allowance described in paragraph (a) of this subdivision if such individuals:

(i) are eligible to receive regular unemployment benefits or would be eligible to receive such benefits except for the requirements set forth in subparagraphs (i) and (ii) of paragraph (b) of this subdivision. For purposes of this section, regular unemployment benefits means benefits payable under this article, including benefits payable to federal civilian employees and to ex-servicemen and servicewomen pursuant to 5 USC Chapter 85, and benefits authorized to be used for the self-employment assistance program pursuant to the Federal-State Extended Unemployment Compensation Act of 1970 but excluding additional benefits;

(ii) are identified pursuant to a worker profiling systemas individuals likely to exhaust regular unemployment benefits;

(iii) are participating in self-employment assistance activities approved by the department and by the department of economic development which include but need not be limited to entrepreneurial training, business counseling, and technical assistance, including financing assistance for qualified individuals as appropriate, offered by entrepreneurship support centers established pursuant to section two hundred twelve of the economic development law, state university of New York small business development centers, programs offered by community-based organizations, local development corporations, and boards of cooperative educational services (BOCES)as established pursuant to section one thousand nine hundred fifty of the education law; and unless otherwise required by federal law or regulation, no individual shall be prohibited from or disqualified from eligibility for the program if prior to applying for the program, an individual has printed business cards or has a website that is designed but not active, and neither are being used to solicit or conduct business;

(iv) are actively engaged on a full-time basis in activities, which may include training, relating to the establishment of a business and becoming self-employed;

(v) are not individuals who have previously participated in self-employment assistance programs pursuant to this section; and

(d) the aggregate number of individuals receiving the allowance under the program does not at any time exceed five percent of the number of individuals receiving regular unemployment benefits at such time.

3. Each self-employment assistance program applicantshall provide at a minimum, in such form and at such time as the commissioner may prescribe, the following information:

(a) a description of the proposed self-employment;

(b) a description of such applicant's knowledge of and experience in self-employment or such applicant's knowledge of and experience with the particular product to be manufactured, produced, processed, distributed or sold or service to be provided;

(c) the names and addresses of such applicant's previous employers during the two years immediately preceding the date of applying for regular unemployment insurance benefits; and

(d) a description of each applicant's work activity and the applicant's previous employer's activity at the work locations to which the applicant was assigned during said two year period.

4. Among individuals seeking participation in a self-employment assistance program, the department shall give preference to those individuals who propose businesses not likely to compete directly with the business of any base period employer of the individual.

§591-a as added by L. 1994, Ch 596 effective January 1, 1995. Extended by L. 1998 Ch 626 effective December 7, 1998. Amended by L. 2003, Ch 413, effective August 26, 2003; further amended by L. 2013, Ch. 57 effective April 29, 2013.

* NB Repealed December 7, 2015.

§ 592. Suspension of accumulation of benefit rights.

1. Industrial controversy. (a) The accumulation of benefit rights by a claimant shall be suspended during a period of seven consecutive weeks beginning with the day after such claimant lost his or heremployment because of a strike, or other industrial controversy except for lockouts, including concerted activity not authorized or sanctioned by the recognized or certified bargaining agent of the claimant, and other concerted activity conducted in violation of any existing collective bargaining agreement, in the establishment in which he or shewas employed, except that benefit rights may be accumulated before the expiration of such seven weeks beginning with the day after such strike, or other industrial controversy was terminated.

(b) Benefits shall not be suspended under this section if:

(i) The employer hiresa permanent replacement worker for the employee's position. A replacement worker shall be presumed to be permanent unless the employer certifies in writing that the employee will be able to return to his or her prior position upon conclusion of the strike, in the event the strike terminates prior to the conclusion of the employee's eligibility for benefit rights under this chapter. In the event the employer does notpermit such return after such certification, the employee shall be entitled to recover any benefits lost as a result of the seven week suspension of benefits, and the department may impose a penalty upon the employer of up to seven hundred fifty dollars per employee per weekof benefits lost. The penalty collected shall be paid into the unemployment insurance control fund established pursuant to section five hundred fifty-two-b of this article; or

(ii) The commissioner determines that the claimant:

(A) is not employed by an employer that is involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy; or

(B) is not in a bargaining unit involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy.

Subd.1 as amended by L. 2007, Ch. 512 effectiveSeptember 25, 2008 and further amended Ch. 609 effective July 15, 2010.

2. Concurrent payments prohibited. No days of total unemployment shall be deemed to occur in any week with respect to which or a part of which a claimant has received or is seeking unemployment benefits under an unemployment compensation law of any other state or of the United States, provided that this provision shall not apply if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits.

Subd. 2 as renumbered by L. 1958, Ch. 387 effective June 30, 1958. Formerly Subd. 3.
Former Subd. 2 repealed by L. 1958, Ch. 387 effective June 30, 1958.

3. Terms of suspension. No waiting period may be served during a suspension period.

The suspension of accumulation of benefit rights shall not be terminated by subsequent employment of the claimant irrespective of when the claim is filed except as provided in subdivision one and shall not be confined to a single benefit year.

A "week" as used in subdivision one of this section means any seven consecutive calendar days.

Subd.3 as renumbered and amended by L. 1958, Ch. 387, effective June 30, 1958.
Formerly Subd. 4.

Sec. 593. Disqualification for benefits.

1. Voluntary separation; separation for a compelling family reason. (a) No days of total unemployment shall be deemed to occur after a claimant`s voluntary separation without good cause from employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. In addition to other circumstances that may be found to constitute good cause, including a compelling family reason as set forth in paragraph (b) of this subdivision, voluntary separation from employment shall not in itself disqualify a claimant if circumstances have developed in the course of such employment that would have justified the claimant in refusing such employment in the first instance under the terms of subdivision two of this section or if the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for a temporary period and the employer has consented thereto.

Paragraph (a) as amended by L. 1999, Ch. 268, effective July 20, 1999 and further amended by L. 2013, Ch. 57, effective January 1, 2014. 

(b) A claimant shall not be disqualified from receiving benefits for separation from employment due to any compelling family reason. For purposes of this paragraph, the term "compelling family reason" shall include, but not be limited to, separations related to any of the following:

(i) domestic violence, verified by reasonable and confidential documentation which causes the individual reasonably to believe that such individual's continued employment would jeopardize his or her safety or the safety of any member of his or her immediate family.

(ii) the illness or disability of a member of the individual's immediate family.  For the purposes of this subparagraph:

(A) The term "illness" means a verified illness which necessitates the care of the ill person for a period of time longer than the employer is willing to grant leave (paid or otherwise).

(B) The term "disability" means a verified disability which necessitates the care of the disabled person for a period of time longer than the employer is willing to grant leave (paid or otherwise). "Disability" encompasses all types of disability, including: (1) mental and physical disability; (2) permanent and temporary disabilities; and (3) partial and total disabilities.

(iii) the need for the individual to accompany such individual's spouse (A) to a place from which it is impractical for such individual to commute and (B) due to a change in location of the spouse's employment.

(c) A disqualification as provided in this subdivision shall also apply after a claimant`s voluntary separation from employment if such voluntary separation was due to claimant`s marriage.

Subd. 1 as amended by L. 1981, Ch. 234 effective June 15, 1981, L. 1983, Ch. 415,
effective September 5, 1983, and L. 1987, Ch. 418, effective July 27, 1987, and further
amended by L. 1998, Ch. 589, effective April 1, 1999.

Subd. 1 as amended by L. 2009, Ch. 415 effective May 20, 2009.

2. Refusal of employment. No days of total unemployment shall be deemed to occur beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or she is reasonably fitted by training and experience, including employment not subject to this article, until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevailing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed without good cause nor shall it disqualify any claimant otherwise eligible to receive benefits if:

(a) a refusal to accept employment which would interfere with a claimant's right to join or retain membership in any labor organization or otherwise interfere with or violate the terms of a collective bargaining agreement shall be with good cause;

(b) there is a strike, lockout, or other industrial controversy in the establishment in which the employment is offered; or

(c) the employment is at an unreasonable distance from his residence, or travel to and from the place of employment involves expense substantially greater than that required in his former employment unless the expense be provided for; or

(d) the wages or compensation or hours or conditions offered are substantially less favorable to the claimant than those prevailing for similar work in the locality, or are such as tend to depress wages or working conditions; or

(e) the claimant is seeking part-time work as provided in subdivision five of section five hundred ninety-six of this title and the offer of employment is not comparable to his or her part-time work as defined in such subdivision.

Subd.2 as amended by L. 1983, Ch. 415, effective September 5, 1983, and by L. 1983, Ch. 554,
effective July 20, 1983. Opening paragraph amended, and paragraph (a) repealed and new paragraph
(a) added by L. 1998, Ch. 589, effective April 1, 1999, and amended by L. 2000, Ch. 5, effective
February 15, 2000 and further amended by L. 2013, Ch. 57, effective January 1, 2014.
Paragraph (d) as amended b L., 2002, Ch. 282, effective August 6, 2002.

(e) added by L. 2009, Ch 282, effective May 20, 2009.

3. Misconduct. No days of total unemployment shall be deemed to occur after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate.

Subd. 3 as amended by L. 1983, Ch. 415, effective September 5, 1983, by L. 1998, Ch. 589 effective April 1, 1999 and further amended by L 2013, Ch. 57, effective January 1, 2014.

4. Criminal acts. No days of total unemployment shall be deemed to occur during a period of twelve months after a claimant loses employment as a result of an act constituting a felony in connection with such employment, provided the claimant is duly convicted thereof or has signed a statement admitting that he or she has committed such an act. Determinations regarding a benefit claim may be reviewed at any time. Any benefits paid to a claimant prior to a determination that the claimant has lost employment as a result of such act shall not be considered to have been accepted by the claimant in good faith. In addition, remuneration paid to the claimant by the affected employer prior to the claimant's loss of employment due to such criminal act may not be utilized for the purpose of establishing entitlement to a subsequent, valid original claim. The provisions of this subdivision shall apply even if the employment lost as a result of such act is not the claimant`s last employment prior to the filing of his or her claim.

Subd. 4 as amended by L. 1991, Ch. 248, effective July 1, 1991, and further amended by
L. 1998, Ch. 589, effective April 1, 1999.

5. Terms of disqualification. A disqualification pursuant to the provisions of this section shall not be confined to a single benefit year.

6.  Determinations and hearings.  The commissioner shall issue a determination for any protest that is filed by any base period employer within the time specified in the notification of potential charges based on voluntary separations or misconduct.  An employer or claimant may request a hearing of such determination pursuant to section six hundred twenty of this article. 

Subd. 6 as added by L. 2013, Ch. 57, effective January 1, 2014.

§593 as amended by L. 1960, Ch. 783 effective May 16, 1960.

Sec. 594. Reduction and recovery of benefits and penalties for willful false statement.

(1) A claimant who has wilfully made a false statement or representation to obtain any benefit under the provisions of this article shall forfeit benefits for at least the first four but not more than the first eighty effective days following discovery of such offense for which he or she otherwise would have been entitled to receive benefits. Such penalty shall apply only once with respect to each such offense.

(2) For the purpose of subdivision four of section five hundred ninety of this article, the claimant shall be deemed to have received benefits for such forfeited effective days.

(3) The penalty provided in this section shall not be confined to a single benefit year but shall no longer apply in whole or in part after the expiration of two years from the date of the final determination.  Such two-year period shall be tolled during the time period a claimant has an appeal pending.

(4) A claimant shall refund all moneys received because of such false statement or representation and pay a civil penalty in an amount equal to the greater of one hundred dollars or fifteen percent of the total overpaid benefits determined pursuant to this section.  The penalties collected hereunder shall be deposited in the fund.  The penalties assessed under this subdivision shall apply and be assessed for any benefits paid under federal unemployment and extended unemployment programs administered by the department in the same manner as provided in this article.  The penalties in this section shall be in addition to any penalties imposed under this chapter or any state or federal criminal statute.  No penalties or interest assessed pursuant to this section may be deducted or withheld from benefits.  

(5) (a) Upon a determination based upon a willful false statement or representation becoming final through exhaustion of appeal rights or failure to exhaust hearing rights, the commissioner may recover the amount found to be due by commencing a civil action, or by filing with the county clerk of the county where the claimant resides the final determination of the commissioner or the final decision by an administrative law judge, the appeal board, or a court containing the amount found to be due including interest and civil penalty.  The commissioner may only make such a filing with the county clerk when:

(i) The claimant has responded to requests for information prior to a determination and such requests for information notified the claimant of his or her rights to a fair hearing as well as the potential consequences of an investigation and final determination under this section including the notice required by subparagraph (iii) of paragraph (b) of this subdivision.  Additionally if the claimant requested a fair hearing or appeal subsequent to a determination, that the claimant was present, either in person or through electronic means at such hearing, or subsequent appeal from which a final determination was rendered;

(ii)  The commissioner has made efforts to collect on such final determination; and

(iii) The commissioner has sent a notice, in accordance with paragraph (b) of this subdivision, of intent to docket such final determination by first class or certified mail, return receipt requested. ten days prior to the docketing of such determination.

(b) The notice required in subparagraph (iii) of paragraph (a) of this subdivision shall include the following:

(i) That the commissioner intends to docket a final determination against such claimant as a judgement;

(ii) The total amount to be docketed; and

(iii) Conspicuous language that reads as follows:  "Once entered, a judgement is good and can be used against you for twenty years, and your money, including a portion of your paycheck and/or bank account, may be taken.  Also, a judgement will hurt your credit score and can affect your ability to rent a home, find a job, or take out a loan."

§594 as amended by L. 1968, Ch. 139 effective April 8, 1968. Further amended by L. 2013, Ch. 57 effective October 1, 2013.

Sec. 595. Benefit right inalienable.

1. Waiver agreement void. No agreement by an employee to waive his rights under this article shall be valid.

2. Assignment of benefits void. Benefits shall not be assigned, pledged, encumbered, released, or commuted and shall be exempt from all claims of creditors and from levy, execution, and attachment, or other remedy for recovery or collection of a debt. This exemption may not be waived.

Sec. 596. Claim filing, registration, and reporting.

1. Claim filing and certification to unemployment. A claimant shall file a claim for benefits at the local state employment office serving the area in which he was last employed or in which he resides within such time and in such manner as the commissioner shall prescribe. He shall disclose whether he owes child support obligations, as hereafter defined. If a claimant making such disclosure is eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as hereafter defined, that the claimant is eligible.

A claimant shall correctly report any days of employment and any compensation he received for such employment, including employments not subject to this article, and the days on which he was totally unemployed and shall make such reports in accordance with such regulations as the commissioner shall prescribe.

Subd.1 as amended by L. 1954, Ch. 777 effective April 17, 1954; L. 1982, Ch. 204 effective September 27, 1982.

2. Child support obligations. (a) The term "child support obligations" means obligations enforced pursuant to an approved plan under section four hundred fifty-four of the federal social security act. The term "state or local child support enforcement agency" means any agency of the state or a political subdivision thereof operating pursuant to such a plan.

(b) Notwithstanding the provisions of section five hundred ninety-five of this article, the commissioner shall deduct and withhold child support obligations from benefits payable to a claimant (including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment) in the amount specified by the claimant, the amount determined pursuant to an agreement between the claimant and the state or local child support enforcement agency submitted to the commissioner, or the amount required to be deducted and withheld through legal process, whichever amount is the greatest. Such amount shall be paid to the appropriate state or local child support enforcement agency, and shall be treated for all purposes as if paid to the claimant as benefits and paid by the claimant to such agency in satisfaction of the claimant`s child support obligations. Each such agency shall reimburse the commissioner for the administrative costs attributable to child support obligations being enforced by the commissioner.

Subd. 2 as added by L. 1982, Ch. 204, effective September 27, 1982.

3. Uncollected overissuance of food stamps. (a) The term "uncollected overissuance of food stamps" has the meaning prescribed in section thirteen (c)(1) of the federal food stamp act of 1977. The term "appropriate state food stamp agency" means any agency of the state or a political subdivision thereof enforcing the collection of such overissuance.

(b) Notwithstanding the provisions of section five hundred ninety-five of this article, the commissioner shall deduct and withhold uncollected overissuances of food stamps from benefits payable to a claimant pursuant to section thirteen (c)(3) of the federal food stamp act of 1977; provided, however, that no agreement pursuant to this section shall reduce benefits by an amount in excess of the greater of ten percent of the weekly benefit amount or ten dollars, unless claimant specifically requests, in writing, to reduce benefits by a greater amount. Any amount deducted and withheld under this subdivision shall be paid to the appropriate state food stamp agency, and shall be treated for all purposes as if paid to the claimant as benefits and as if paid by the claimant to such agency in satisfaction of claimant`s overissuance of food stamps coupons. To the extent permitted by federal law, the procedures for correcting overpayments shall be designed to minimize adverse impact on the claimant, and to the extent possible, avoid undue hardship.

Paragraph (b) as amended by L. 1998, Ch. 214, effective July 7, 1998.

(c) Each such agency shall reimburse the commissioner for the administrative costs incurred under this subdivision in a manner consistent with a memorandum of understanding as approved by the director of the division of the budget. Such reimbursement shall be consistent with federal law and regulations.

Subd. 3 as added by L. 1997, Ch. 436, effective August 20, 1997.

4. Registration and reporting for work. A claimant shall register as totally unemployed at a local state employment office serving the area in which he was last employed or in which he resides in accordance with such regulations as the commissioner shall prescribe. After so registering, such claimant shall report for work at the same local state employment office or otherwise give notice of the continuance of his unemployment as often and in such manner as the commissioner shall prescribe.

Subd. 3 as renumbered by L. 1982, Ch. 204 effective September 27, 1982. Former Subd. 3
renumbered to Subd. 4 by L. 1997, Ch. 436, effective August 20, 1997.

5. Part time work. Notwithstanding any other provisions of this article, a claimant who for reasons personal to himself or herself is unable or unwilling to workfull time and who customarily worked less than the full time prevailing in his or herplace of employment for a majority of the weeks worked during the applicable base period, shall not be denied unemployment insurance solely because the claimant is only seeking part time work. For purposes of this subdivision, "seeking part time work" shall mean the claimant is willing to work for a number of hours per week that are comparable to the claimant's part time work during the majority of time in the base period.

Subd. 4 as renumbered by L. 1982, Ch. 204, effective September 27, 1982. Former Subd. 4
renumbered to Subd. 5 by L. 1997, Ch. 436, effective August 20, 1997.

Subd. 5 as amended by L. 2009, Ch. 436, effective May 20, 2009.

6. An individual filing a new claim for unemployment benefits shall, at the time of filing such claim, be advised that:

(a) (1) Unemployment benefits are subject to federal, state and local income tax;
(2) Requirements exist pertaining to estimated tax payments;
(3) The individual may elect to have federal and/or state income tax deducted and withheld from the individual`s payment of unemployment benefits at the amount specifiedunder the federal internal revenue code (26 U.S.C.A.3402(p)(2)) and/or the state income tax withholding tax schedules as specified under the tax law and relevant regulations; and
(4) The individual shall be permitted to change a previously elected withholding status.

(b) Notwithstanding the provisions of section five hundred ninety-five of this article, the commissioner shall deduct and withhold federal and/or state income tax from benefits payable to an individual if such individual elects such withholding. Amounts deducted and withheld from unemployment benefits shall remain in the unemployment trust fund until transferred to theappropriate taxing authority as a payment of income tax.

(c) The commissioner shall follow all procedures specified by the United States department of labor,  the federal internal revenue service, the state department of labor and the state department of taxation and financepertaining to the deducting and withholding of income tax authorized under this subdivision.

(d) Amounts shall be deducted and withheld under this subdivision only after amounts are deducted and withheld for any overpayment of unemployment benefits, child support obligations, food stamp over issuances or any other amounts required to be deducted and withheld under this article.

7. Notwithstanding the provisions of section five hundred ninety-five of this title, the commissioner shall deduct and withhold any overpayments established under this article or under any state or federal unemployment compensation program from benefits payable to an individual.  No penalties or interest assessed pursuant to section five hundred ninety-four of this title may be deducted or withheld from benefits. 

Subd. 5 as added by L. 1997, Ch. 29, effective April 8, 1997. Former Subd. 5 renumbered
to Subd. 6 by L. 1997, Ch. 436, effective August 20, 1997.  Subd.6 amended effective October 25, 2008.
Subd.7 as added by L. 2013, Ch. 57, effective October 1, 2013.

Sec. 597. Initial determination.

1. Issuance. The validity of the claim and the amount of benefits payable to the claimant shall be determined in accordance with the regulations and procedure established by the commissioner and, when such determination is issued by the commissioner, it shall be deemed the initial determination of the claim.

2. Obtaining information necessary for determinations. (a) When filing an original claim, each claimant shall furnish to the commissioner all information which the commissioner shall require concerning his or her prior employment.

(b) Whenever a claimant's base period includes a completed calendar quarter for which a wage data report is not due or has not been received and the claimant provides information as required by the commissioner, the commissioner shall determine such claimant's entitlement and benefit rate using the information the claimant provided for such quarter. However, in those instances where the claimant is unable to provide such information to the commissioner's satisfaction, the commissioner may request the employer to provide the amount of remuneration paid to such individual. The commissioner shall notify each base period employer upon the establishment of a valid original claim, of such claim. If an employer provides new or corrected information in response to the initial notice of monetary entitlement, adjustments to the claimant's benefit rate and adjustments to the employer's experience rating account shall be prospective as of the date such information was received by the department.

(c) Notwithstanding paragraph (b) of this subdivision, adjustments to the claimant's benefit rate and adjustment to the experience rating charges to the employer's accounts will be retroactive to the beginning of the benefit claim in the following circumstances:

(1) the new or corrected information results in a higher benefit rate, or

(2) the new or corrected information results in the claimant's failure to establish a valid original claim, or

(3) the amount of the previously established benefit rate was based upon the claimant's willful false statement or representation.

(d) Notwithstanding any provisions of this article, unless a commissioner's error is shown or the failure is the direct result of a disaster emergency declared by the governor or president, an employer's account shall not be relieved of charges resulting in an overpayment of benefits when the commissioner determines that the overpayment was made because the employer or the agent of the employer failed to timely or adequately respond to a request for information in the notice of potential charges or other such notice requesting information in relation to a claim under this article, provided, however, that the commissioner shall relieve the employer of charges the first time that the employer fails to provide timely or adequate information, if the employer provides good cause for such failure as determined by the commissioner. 

"Timely" shall mean a response is provided in the time period specified in the notice as prescribed by the commissioner.

The term "adequately" shall mean that the employer or its agent submitted information sufficient to render a correct determination.

This prohibition for relief of charges shall apply to all employers under this article including employers electing payment in lieu of contrtibutions.

Subd. 2 as added by L. 1951, Ch. 645, effective June 4, 1951 and amended by L. 1991,
Ch. 248, effective July 1, 1991, and further amended by L. 1998, Ch. 589, effective April 1, 1999. Subd. 2 further amended by L. 2003, Ch. 413, effective August 26, 2003.
Subd. 2 further amended by L. 2013, Ch 57, effective October 1, 2013.

3. Limitation on review of determinations. Any determination regarding a benefit claim may, in the absence of fraud or wilful misrepresentation, be reviewed only within one year from the date it is issued because of new or corrected information, or, if the review is based thereon, within six months from a retroactive payment of remuneration, provided that no decision on the merits of the case has been made upon hearing or appeal. Such review shall be conducted and a new determination issued in accordance with the provisions of this article and regulations and procedure prescribed thereunder with respect to the adjudication and payment of claims, including the right of appeal.

Subd. 3 as amended by L. 1961, Ch. 42, effective February 28, 1961.

4. Effect of review. Whenever a new determination in accordance with the preceding subdivision or a decision by a referee, the appeal board, or a court results in a decrease or denial of benefits previously allowed, such new determination or decision, unless it shall be based upon a retroactive payment of remuneration, shall not affect the rights to any benefits already paid under the authority of the prior determination or decision provided they were accepted by the claimant in good faith and the claimant did not make any false statement or representation and did not wilfully conceal any pertinent fact in connection with his or her claim for benefits.

Subd. 4 as amended by L. 1961, Ch. 42, effective February 28, 1961; L. 1983,
Ch. 415, effective September 5, 1983, and L. 1998, Ch. 61 effective May 19, 1998.

Sec. 598. Effect of payments for failure to provide notice of a facility closure.

Payments to an employee under article twenty-five-a of this chapter by an employer who has failed to provide the advance notice of a facility closure required by such article or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec 1201 et seq.) or amendments thereto, shall not be construed as remuneration under this article.  Unemployment insurance benefits may not be denied or reduced because of the receipt of payments related to an employer's violation of article twenty-five-a of this chapter or the federal Worker Adjustment and Retraining Notification Act.

§598 repealed by L. 1976, Ch. 962, effective July 27, 1976. New §598 added by L. 2008, Ch. 475, effective August 5, 2008. 

Sec. 599. Career and related training; preservation of eligibility.

1. Notwithstanding any other provision of this article, a claimant shall not become ineligible for benefits because of the claimant`s regular attendance in a program of training which the commissioner has approved. The commissioner shall give due consideration to existing and prospective conditions of the labor market in the state, taking into account present and anticipated supply and demand regarding the occupation or skill to which the training relates, and to any other relevant factor. However, in no event shall the commissioner approve such training for a claimant unless:

(a)(1) the training will upgrade the claimant`s existing skill or train the claimant for an occupation likely to lead to more regular long term employment; or

(2) employment opportunities for the claimant are or may be substantially impaired because of:

(i) existing or prospective conditions of the labor market in the locality or in the state or reduced opportunities for employment in the claimant`s occupation or skill; or
(ii) technological change, plant closing or plant removal, discontinuance of specific plant operations, or similar reasons; or
(iii) limited opportunities for employment throughout the year due to the seasonal nature of the industry in which the claimant is customarily employed; or
(iv) the claimant`s personal traits such as physical or mental handicap; and

(b) the training relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the state; and

(c) the training is offered by a competent and reliable agency and does not require more than twenty-four months to complete; and

(d) the claimant has the required qualifications and aptitudes to complete the training successfully.

Subd. 1 amended by L. 1987, Ch. 457, effective October 25, 1987; L. 1991,
Ch. 593 effective July 23, 1991.

2. (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to one hundred four effective days following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The duration of such additional benefits shall in no case exceed twice the number of effective days of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training.

(b) No more than twenty million dollars of benefits per year shall be made available for payment to claimants participating in such courses or programs.

(c) Participation in such training course or program shall not be limited to any selected areas or localities of the state but subject to the availability of funds, shall be available to any claimant otherwise eligible to participate in training courses or programs pursuant to this section.

(d) The additional benefits paid to a claimant shall be charged to the general account.

Subd. 2 as added by L. 1987, Ch. 457 effective October 25, 1987.

3. Notwithstanding any other provision of this article, a claimant who is in training approved under the federal trade act of nineteen hundred seventy-four shall not be disqualified or become ineligible for benefits because he is in such training or because he left employment which is not suitable employment to enter such training. For purposes hereof, "suitable employment" means work of a substantially equal or higher skill level than the claimant`s past adversely affected employment and for which the remuneration is not less than eighty percent of the claimant`s average weekly wage.

Former Subd. 2 renumbered to Subd. 3 by L. 1987, Ch. 457, effective October 25, 1987.

§599 as amended by L. 1966, Ch. 88, effective March 29, 1966; L. 1982, Ch. 554, effective
July 20, 1982; L. 1991, Ch. 593, effective July 23, 1991.

Program made permanent by L. 1990, Ch. 233 effective June 15, 1990.

Sec. 600. Effect of retirement payments.

1. Reduction of benefit rate. (a) The benefit rate of a claimant who is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on his previous work, shall be reduced as hereinafter provided, if such payment is made under a plan maintained or contributed to by his base period employer and, except for payments made under the social security act or the railroad retirement act of 1974, the claimant`s employment with, or remuneration from, such employer after the beginning of the base period affected his eligibility for, or increased the amount of, such pension, retirement or retired pay, annuity, or other similar periodic payment.

(b) The claimant's benefit rate shall be reduced by the largest number of whole dollars which is not more than the pro-rated weekly amount of such payment. If the claimant was the sole contributor for the pension, retirement or retired pay, annuity, or other similar periodic payment, no reduction shall apply.

Paragraph (b) as amended by L. 2000, Ch. 5, effective February 15, 2000. Paragraph (a) as amended by L. 2004, Ch. 176, effective July 20, 2004. Shall apply to all initial claimsfiled and all administrative hearings and appeals from initial determinations pending on or after January 1, 2004. Paragraphs (a) and (b) as amended by L. 2013, Ch. 57, for all claims filed after January 1, 2014.

(c) If, at the time benefits are payable, it has not been established that the claimant will be receiving such pension, retirement or retired pay, annuity or other payment, benefits due shall be paid without a reduction, subject to review within the period and under the conditions as provided in subdivisions three and four of section five hundred ninety-seven with respect to retroactive payment of remuneration.

(d) For the purposes of this section, the terms "pensions or retirement payment" and "governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on previous work" shall not include payments made from a qualified trust to an eligible retirement plan under the terms and conditions specified in section four hundred two of the internal revenue code for federal income tax purposes, such payments commonly known as eligible rollover distributions. 

Subd. 7 as added by L. 1980, Ch. 382 effective March 31, 1980; amended by L. 1980,
Ch. 895, effective November 26, 1980 retroactive to benefits payable for all weeks
beginning on and after November 3, 1980.
Paragraph (d) as added by L. 2013, Ch. 57 for all claims filed after January 1, 2014.

 

§600 as added by L. 1963, Ch. 793 effective June 25, 1963 with respect to benefit years beginning on and after July 2, 1963.

Sec. 601. Extended benefits.

1. Definitions. For the purposes of this section:

(a)(1) There shall be a "state 'on' indicator" for a week if, as determined by the commissioner in accordance with the regulations of the secretary of labor of the United States, the rate of insured unemployment for the period consisting of such week and the preceding twelve weeks

(i) equaled or exceeded five per centum and
(ii) equaled or exceeded one hundred and twenty per centum of the average of such rates for the corresponding thirteen-week periods ending in each of the preceding two calendar years; or

(iii) for weeks of unemployment beginning on or after February first, two thousand nine until the week ending three weeks prior to the last week for which one hundred percent federal sharing is authorized by section 2005(a) of Public Law 111-5, or for weeks of unemployment ending three weeks prior to the last week for which Congress, pursuant to any future amendment of the Federal State Extended Compensation Act of 1970, has authorized one hundred percent federal sharing, which meet the following:

(A) the average rate of total unemployment (seasonably adjusted), as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds six and one-half percent, and

(B) the average rate of total unemployment in the state(seasonably adjusted), as determined by the United States secretary of labor, for the three-month period referred to in item (A) of this clause, equals or exceeds one hundred ten percent of the average for either or both of the corresponding three-month periods ending in the two preceding calendar years; or

(iv) for any period of high unemployment which shallotherwise meet all of the provisions of clause (iii) of this subparagraph, except that "eight percent" is substituted for "six and one-half percent" in item (A) of clause (iii) of this subparagraph.

(2) There shall be a "state 'off 'indicator" for a week only, if for the period consisting of such week and the immediately preceding twelve weeks, none of the options specified in subparagraph one of this paragraph result in an "on" indicator. Notwithstanding any provision of this article, there shall be a"state 'off ' indicator" with respect to clauses (iii) and (iv) of subparagraph one ofthis paragraph for the week ending three weeks prior to the last week for which one hundred percent federal sharing is authorized by section 2005(a) of Public Law 111-5 or for the week ending three weeks prior to the last week for which Congress, pursuant to any future amendment of the Federal State Extended Compensation Act of 1970, has authorized one hundred percent federal sharing.

(3) "Rate of insured unemployment" means for the purposes of this paragraph the percentage obtained upon dividing the average weekly number of persons filing claims for regular benefits in this state for unemployment with respect to the most recent thirteen consecutive week period, as determined by the commissioner on the basis of his or her reports to the secretary of labor of the United States, by the average monthly employment subject to this article for the first four of the last six calendar quarters ending before the end of such period. Computations required hereunder shall be made in accordance with regulations prescribed by the secretary of labor of the United States.

(4) "Rate of total unemployment" means, for the purposes of this paragraph, the average percentage obtained by dividing the total number of unemployed residents of the state for the most recent three consecutive months, as determined by the United States Bureau of Labor Statistics, by the total civilian labor force of the state for the same three-month period, also determined by the United States Bureau of Labor Statistics.  Computations required hereunder shall be made in accordance with regulations prescribed by the secretary of labor of the United States.

(5) Notwithstanding the provisions of subparagraphs one and two of this paragraph, with respect to compensation for weeks of unemployment beginning after January thirty-first, two thousand eleven, and ending on or before the expiration dates set forth in Public Law 111-312:

There shall be a "state 'on' indicator" for a week if, as determined by the Commissioner in accordance with the regulations of the Secretary of Labor of the United States, the rate of insured unemployment for the period consisting of such week and the preceding twelve weeks

(i) equaled or exceeded five percentum and

(ii) equaled or exceeded one hundred twenty per centum of the average of such rates for the corresponding thirteen-week periods ending in each of the preceding three calendar years; or

(iii) for weeks of unemployment beginning on or after February first, two thousand nine until the week ending three weeks prior to the last week for which one hundred percent federal sharing is authorized by section 2005(a) of Public Law 111-5, or for weeks of unemployment ending three weeks prior to the last week for which Congress, pursuant to any future amendment of the Federal State Extended Compensation Act of 1970, has authorized one hundred percent federal sharing, which meet the following:

(A) the average rate of total unemployment (seasonably adjusted), as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds six and one-half percent, and

(B) the average rate of total unemployment in the state (seasonably adjusted), as determined by the United States Secretary of Labor, for the three-month period referred to in item (A) of this clause, equals or exceeds one hundred ten percent of the average for any or all of the corresponding three-months periods ending in the three preceding calendar years.

(b) "Extended benefit period" means a period

(1) beginning with the third week after the first week for which there is a state "on" indicator, except that it may not begin before the fourteenth week after the end of a prior extended benefit period, and

(2) ending with the third week after the first week for which there is a state "off" indicator, except that the duration of such period shall in no event be less than thirteen weeks.

Subd. 1 paragraphs (a) and (b) as amended by L. 1982, Ch. 554, effective July 20, 1982 retroactive to August 13, 1981 except paragraph (a)(1)(I) as amended by L. 1982, Ch 554 effective September 27, 1982. Former paragraph (c) designated as (b).

Subd. 1 as amendedby L. 2009, Ch. 35effective May 20, 2009.

Subd. 1 paragraph (4) as added by L. 2009, Ch 35,effective May 20, 2009.

Note: Following paragraphs formerly(d), (e), and (f)redesignated (c), (d) and (e).

(c) "Eligibility period" of a claimant means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period. Notwithstanding any provision of this article, a claimant's eligibility period shall include any alternative eligibility period provided for in section 2005(b) of Public Law 111-5 or other federal law.

(d) "Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, payable to a claimant under the provisions of this section for unemployment in his or her eligibility period.

(e) "Regular benefits" means benefits payable to a claimant under this article or under any other State unemployment insurance law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, other than extended benefits.

2. Eligibility conditions. Extended benefits shall be payable to a claimant for effective days occurring in any week within an eligibility period, provided the claimant

(a) has exhausted his or her rights to regular benefits under this article in his or her current benefit year or, his or her benefit year having expired prior to such week, he or she does not have the required weeks of employment or earnings to establish a new benefit year, and he or she has no rights to benefits under the unemployment insurance law of any other state;

(b) has no rights to unemployment benefits or allowances under the railroad unemployment insurance act, the trade expansion act of nineteen hundred sixty-two, the automotive products trade act of nineteen hundred sixty-five, or such other federal laws as are specified in regulations issued by the secretary of labor of the United States;

(c) has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada unless, if he or she is seeking such benefits, the appropriate agency finally determines that he or she is not entitled to benefits under such law;

(d) has satisfied the conditions of this article, required to render a claimant eligible for regular benefits, which are applicable to extended benefits, including not being subject to a disqualification or suspension; or has satisfied the conditions of this article required to render a claimant eligible to participate in the self-employment assistance program pursuant to section five hundred ninety-one-a of this title and the Federal-State Extended Unemployment Compensation Act of 1970;

(e) is not claiming benefits pursuant to an interstate claim filed under the interstate benefit payment plan in a state where an extended benefit period is not in effect, except that this condition shall not apply with respect to the first eight effective days for which extended benefits shall otherwise be payable pursuant to an interstate claim filed under the interstate benefit payment plan; and

(f) in his or her base period hasremuneration of one and one-half times the highcalendar quarter earnings in accordance with section five hundred twenty-seven of this article.

Paragraph (e) as added by L. 1981, Ch. 1035, effective June 1, 1981; shall apply to existing claims as well as to claims thereafter filed.

Paragraph (f) as added by L. 1982, Ch. 554 effective September 27, 1982. Amended by L. 2009, Ch. 35effective May 20, 2009.

Paragraph (a) and (c) as amended by L. 2009, Ch. 35, effective May 20, 2009.

Paragraph (d) as amended by L. 2013, Ch. 57, effective April 29, 2013.

3. Extended benefit amounts; rate and duration. Extended benefits shall be paid to a claimant

(a) at a rate equal to his or herrate for regular benefits during his or her applicable benefit year but

(b) for not more than fifty-two effective days with respect to his or her applicable benefit year, with a total maximum amount equal to fifty per centum of the total maximum amount of regular benefits payable in such benefit year, and

(c) if a claimant`s benefit year ends within an extended benefit period, the remaining balance of extended benefits to which he or she would be entitled, if any, shall be reduced by the number of effective days for which he or she was entitled to receive trade readjustment allowances under the federal trade act of nineteen hundred seventy-four during such benefit year, and

(d) for periods of high unemployment for not more than eighty effective days with respect to the applicable benefit year with a total maximum amount equal to eighty percent of the total maximum amount of regular benefits payable in such benefit year.

Paragraph (c) as added by L. 1982, Ch. 554 effective September 27, 1982.

Paragraph (d) as added by L. 2009, Ch 35 effective May 20, 2009.

4. Charging of extended benefits. The provisions of paragraph (e) of subdivision one of section five hundred eighty-one of this article shall apply to benefits paid pursuant to the provisions of this section, and if they were paid for effective days occurring in weeks following the end of a benefit year, they shall be deemed paid with respect to that benefit year. However, except for governmental entities as defined in section five hundred sixty-five and Indian tribes as defined in section five hundred sixty-six of this article, only one-half of the amount of such benefits shall be debited to the employers' account; the remainder thereof shall be debited to the general account, and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act.Notwithstanding the foregoing, where the state has entered an extended benefit period triggered pursuant to subparagraph one of paragraph (a) of subdivision one of this section for which federal law provides for one hundred percent federal sharing of the costs of benefits, all charges shall be debited to the general account and such accountshall be credited with the amount of payments received inthe fund pursuant to the provisions of thefederal-state extended unemployment compensation act or other federal law providing for one hundred percent federal sharing for the cost of such benefits.

Subd.4 as amended by L. 1977, Ch. 675 effective January 1, 1979, and further
amended by L. 1998, Ch. 589, effective April 1, 1999.

Subd. 4 as amended by L. 2009, Ch 35 effective May 20, 2009.

5. Applicability of other provisions. (a) Unless inconsistent with the provisions of this section, all provisions of this article shall apply to extended benefits in the same manner as they apply to regular benefits.

(b) No days of total unemployment shall be deemed to occur in any week within an eligibility period during which a claimant fails to accept any offer of suitable work or fails to apply for suitable work to which he or she was referred by the commissioner, who shall make such referral if such work is available, or during which he or she fails to engage actively in seeking work by making a systematic and sustained effort to obtain work and providing tangible evidence of such effort, and until he or she has worked in employment during at least four subsequent weeks and earned remuneration of at least four times his or her benefit rate.

(c) For purposes of this subdivision, "suitable work" means any employment which is within the claimant`s capabilities, but if he or she furnishes evidence that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good, the provisions of subdivision two of section five hundred ninety-three of this article shall apply instead of the provisions hereof.

(d) Notwithstanding the foregoing, a claimant shall not be disqualified for a failure to accept an offer of or apply for suitable work if

(i) the gross average weekly remuneration payable for the employment does not exceed the claimant`s benefit rate plus the amount of any supplemental unemployment compensation benefits (as defined in section five hundred one (c)(17)(D) of the internal revenue code of nineteen hundred fifty-four) payable to the claimant for such week; or
(ii) the employment was not offered to the claimant in writing and was not listed with the department; or
(iii) such failure would not result in denial of regular benefits, to the extent that the provisions of this article for payment of regular benefits are not inconsistent with the provisions of this subdivision; or
(iv) the employment pays wages less than the higher of the minimum wage provided by section six (a)(1) of the fair labor standards act of nineteen hundred thirty-eight, without regard to any exemption, or the minimum wage provided under this chapter; or

(v) the claimant is in approved training pursuant to section five hundred ninety-nine of this title.

(e) No days of total unemployment shall be deemed to occur in any week within an eligibility periodunder section five hundred ninety-three of this article, until he or she has subsequently worked in employment in accordance with the requirements set forth in section five hundred ninety-three of this article.

Paragraph (f) as added by L. 1993, Ch. 341 effective July 21, 1993.

Paragraph (f) repealed by L. 2009, Ch. 35 effective May 20, 2009.

Paragraph (v) as added by L. 2009 Ch 35 effective May 20, 2009.

6. Suspension of condition for state indicators. The governor, by executive order, upon advice by thecommissioner and the commissioner of economic development may for a period specified in the order suspend the applicability of the provisions of clause (ii) of subparagraph one of paragraph (a) of subdivision one of this section, or of the reference to such subparagraph one in subparagraph two of such paragraph, or of both, if he or she finds that such suspension is required in order to assure adequate payment of benefits to unemployed workers in the state who are experiencing unemployment for an extended duration, provided the rate of insured unemployment for the applicable period equals or exceeds six per centum and such suspension is not in conflict with the provisions of the federal-state extended unemployment compensation act. The governor may at any time prolong or shorten the period specified in such order.

Subd. 6 as added by L. 1973, Ch. 492 effective June 5, 1973; amended by L. 1977 Ch. 675
effective April 4, 1977; L. 1982, Ch. 554 effective September 27, 1982.

Subd. 6 as amended by L. 2009, Ch. 35 effective May 20, 2009.

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