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Alaska.Contribution rates for 2009 range from 1.00% to 5.40% for eligible employers, based on payroll decline experience. For 2009, the average benefit cost rate used to determine the rates is 0.017768, the trust fund reserve rate is 0.034072, and there is a -.002% trust fund solvency adjustment. The employee tax rate for 2009 is 0.50%.
Arizona.The Arizona Employment Security Act has been amended as follows: With respect to benefits for weeks of unemployment beginning after January 31, 2009, there will be an “on” indicator for a week if the Department determines that for the period consisting of that week and the immediately preceding 12 weeks the average rate of total unemployment, seasonally adjusted, according to 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 6.5%; and the average rate of total unemployment in the state, seasonally adjusted, according to the United States Secretary of Labor, for the same three-month period equals or exceeds 110% of such average for either or both the corresponding three-month periods ending in the two preceding calendar years.
During a high unemployment period, the total extended benefit amount payable to an eligible individual with respect to his or her benefit year will be the least of 80% of the total amount of regular benefits which are payable in the benefit year or 20 times the weekly benefit amount for a week of total unemployment. The above provisions only apply from and afterJanuary 31, 2009, until the week ending three weeks before the last week that federal sharing is authorized under the 2009 stimulus bill (P.L. No. 111-5) or the week endingDecember 12, 2009, whichever is later. “High unemployment period” means any period during which an extended benefit period applies if 8% is substituted for 6.5% in the law provision designating the “on” indicator for such benefits.
Arkansas.Change in Extended Benefits (EB) period. The 13-week insured unemployment rate (IUR) for Arkansas for the week ending March 28, 2009, rose to 5.0% and exceeded 120% of the corresponding average rate in the two prior years. Therefore, beginning April 12, 2009, eligible unemployed workers will be able to collect up to an additional 13 weeks of UI benefits.
Arkansas has amended its Employment Security Law as follows: Beginning with initial claims filed on July 1, 2009, and thereafter, if an individual lacks sufficient base period wages, an alternate base period will be substituted for the current base period. ‘‘Alternate base period’’ means the four completed calendar quarters immediately preceding the first day of that benefit year.
The law provides that the taxable wage base is $10,000 for 2004 through 2009, and $12,000 for 2010 and thereafter.
To be eligible for benefits, an individual must be unemployed, physically and mentally able to perform suitable work, and available for work. The law further provides that mere registration and reporting at a local employment office are not to be considered conclusive evidence of ability to work, availability for work or willingness to work. The claimant must, in addition, do those things which a reasonably prudent individual would be expected to do to secure work. Part-time work will be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility is from full-time work.
An individual who is discharged from his or her last job for misconduct in connection with work will be disqualified from receiving benefits for eight weeks of unemployment. However, for a discharge that occurs during the period of July 1, 2009, through June 30, 2011, the disqualification will continue until, subsequent to filing a claim, the claimant has had at least 30 days of employment covered by an unemployment compensation law of this state, another state or the United States.
An individual will not be disqualified from receiving benefits if, after making reasonable efforts to preserve his or her job rights, the individual left the last work (1) Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification; (2) Because of illness, injury, pregnancy, or disability of the individual or a member of the individual’s immediate family. “Immediate family member” means a spouse, child, parent, brother, sister, grandchild or grandparent of the individual; (3) Due to domestic violence that causes the individual reasonably to believe that continued employment will jeopardize the safety of the individual or a member of the individual’s immediate family; or (4) To accompany his or her spouse because of a change in the location of the spouse’s employment that makes it impractical to commute.
Upon review on its own motion or upon appeal, the Board of Review may, on the basis of evidence previously submitted in a case or upon the basis of such additional evidence as it may direct be taken, affirm, modify, reverse, dismiss or remand the case. Note that in cases where the Board of Review directs that additional evidence be taken, an in-person hearing will be granted at the request of any interested party in an appeal involving an intrastate claim.
Once an overpayment becomes final, the amount owed will accrue interest at the rate of 10% per annum beginning 30 days after the date of the first billing statement. If the Director finds that any individual has received benefits to which he or she was not entitled by reasons other than fraud, willful misrepresentation or willful nondisclosure of facts, the individual will be liable to repay the amount received or the Director can recover the amount by deductions from any future benefits payable to the individual. No repayment or recovery is required in these instances if the Director finds that the overpayment was received without fault on the part of the recipient and that its recovery would be against equity and good conscience. In addition, any individual found liable to repay an amount to the fund will be subject to having any state income tax refund to which he or she is entitled intercepted as part of the recovery of an overpayment. The federal income tax refund of a person held liable to repay an amount to the fund as the result of a finding of fraud is likewise subject to interception.
Effective July 1, 2009, the maximum weekly benefit amount in Arkansas will be $441 and the minimum weekly benefit amount will be $79.
California.Change in Extended Benefits (EB) period. California Bill 23C, enacted on March 27, 2009, added a total unemployment rate (TUR) trigger to the state's EB law retroactive to February 1, 2009. As a result, California has retroactively triggered “on” to a high unemployment period for weeks of unemployment beginning February 22, 2009, and eligible unemployed workers will be able to collect up to an additional 20 weeks of unemployment insurance benefits.
California has amended its Unemployment Insurance Code as follows: The law now provides for the payment of temporary federal-state extended unemployment benefits under specified federal acts. The temporary benefits are available to eligible individuals in California for weeks of unemployment on or after February 1, 2009, and continuing until the week ending three weeks prior to the last week as specified in provisions providing for 100% federal sharing as authorized under the American Recovery and Reinvestment Act of 2009, if specified economic indicators trigger the payment of the benefits.
For new claims filed on or after a specified date, but no later than April 3, 2011, for which a valid claim or benefit year cannot be established under the current definition of “base period,” an alternate base period formula has been created. The Department is required, until April 3, 2013, to report, no less frequently than quarterly, to the Joint Legislative Budget Committee on the progress and effectiveness of the alternative base period program.
The Department now is required to promptly notify each of a claimant's base period employers of the computation on the claim based on a determination of eligibility.
The Appeals Board is now required to permit a party or representative to participate in a hearing by telephone, in accordance with regulations adopted by the Board.
District of Columbia.Change in Extended Benefits (EB) period. The District of Columbia has modified its law by adding a total unemployment rate (TUR) trigger retroactive to March 15, 2009. As a result, the District of Columbia has retroactively triggered “on” to a high unemployment period for weeks of unemployment beginning April 5, 2009, and eligible unemployed workers will be able to collect up to an additional 20 weeks of unemployment insurance benefits.
Georgia.The Georgia Unemployment Law has been amended as follows: For calendar quarters beginning on or after July 1, 2009, when the combined amount of contributions due from an employer for any calendar quarter does not exceed $50, that amount may be regarded as a de minimis amount with respect to that calendar quarter. Payment of a de minimis amount for a calendar quarter, which is otherwise due before the last day of the month following the end of the calendar quarter, may be deferred, at the option of the employer, until the next January 31 reporting date if the employer files all quarterly wage and tax reports, including a report of the de minimis amount due; timely pays all other amounts due; and makes full payment of any deferred de minimis amount by the following January 31 report due date. In the event that an employer fails to comply, any deferred de minimis amount will become delinquent as of the date it was originally due.
When the statewide reserve ratio is less than 1.7%, each employer whose rate is computed under a rate table, whether or not it has a deficit percentage balance, will have its rate increased in accordance with a new statewide reserve ratio table. However, for the period of January 1 through December 31, 2007, January 1 through December 31, 2008, January 1 through December 31, 2009, January 1 through December 31, 2010, and January 1 through December 31, 2011, the overall increase in the rate required will be suspended, except in the event the statewide reserve ratio, as calculated in accordance with the appropriate table, is less than 1.25% on the computation date with respect to rates applicable to those years. For each of those years the Commissioner of Labor will have the option of imposing an increase in the overall rate of up to 35% as of the computation date for each employer whose rate is computed under a rate table.
In addition to all benefits otherwise allowed during an individual’s benefit year, for claims filed on or after January 1, 2010, weekly unemployment compensation is payable to any individual who is unemployed, has exhausted all rights to regular unemployment compensation, and is enrolled and making satisfactory progress in a training program approved by the Department or authorized under the Workforce Investment Act of 1998 who is not receiving similar stipends or other training allowances for nontraining costs. The amount of unemployment compensation for a week of unemployment will be equal the individual’s weekly benefit amount for the most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable will be at least 26 times the individual’s weekly benefit amount for the individual’s most recent benefit year.
The term “bona fide in the labor market” means that any person claiming benefits must be available for full-time employment without regard to prior work restrictions. Note that no individual who is otherwise eligible will be considered ineligible for benefits solely because he or she seeks, applies for, or accepts only part-time work, provided the individual claiming benefits worked part-time during a majority of the weeks of work in the base period and the individual is available for part-time work for at least 20 hours per week.
“Extended benefit period” means a period that begins the third week after a week for which there is a state “on” indicator and ends with the third week after the first week for which there is a state “off” indicator or the 13th consecutive week of that period, whichever is later. With respect to weeks of unemployment beginning on or after February 1, 2009, there is a state “on” indicator for a week if the average rate of total unemployment, seasonally 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 6.5%; and the average rate of total unemployment equals or exceeds 110% of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years. The “on” indicator will apply through the week ending three weeks prior to the last week for which 100% federal funding is authorized under Public Law 111-5 that does not impose any new condition upon receipt of such federal funding. There is a state “off” indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified above result in an “on” indicator.
Effective with respect to weeks beginning in a high unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year will be the least of the following amounts: (1) 80% of the total amount of regular benefits that were payable to the individual in the individual’s applicable benefit year; (2) 20 times the individual’s weekly benefit amount that was payable to the individual in the applicable benefit year; or (3) 46 times the individual’s weekly benefit amount which was payable to the individual in the applicable benefit year, reduced by the total amount of regular benefits which were paid to him or her with respect to the benefit year. “High unemployment period” means a period during which an extended benefit period would be in effect if the average rate of total unemployment, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data on all states are published before the close of such week equals or exceeds 8%.
Hawaii.Hawaii has amended its Employment Security Law as follows: If an employing unit transfers its trade or business to another employing unit, and at the time of the transfer there is substantially common ownership, management or control of both units, the Department will transfer the experience records attributable to the transferred organization to the transferee. The rates of both employing units will be recalculated and made effective beginning with the calendar year immediately following the date of transfer. Prior law required the recalculation to be made beginning with the calendar quarter immediately following the transfer. This change applies retroactively to June 9, 2005.
Illinois.Illinois has amended its rules under the Illinois Unemployment Insurance Act as follows: For calendar year 2009, and thereafter, the Director will announce the contribution rates calculated for an economic sector on the Department’s website, www.ides.state.il.us, during the last quarter preceding the applicable year.
The Director may now recover by recoupment any benefits that were overpaid to an individual. Table A now contains the different time limits regarding recoupment of benefits obtained by fraud under federal programs. Benefits that were obtained without fraud may now be recouped within five years of the date that the claimant was found to be ineligible. Under prior law, the time limit was three years. The same limitation on the amount of recoupment that applies to UCFE-UCX benefits now also applies to Trade Readjustment Allowance (TRA) benefits. A new section provides that the agency will waive recovery of any overpayment of TRA benefits.
Iowa.For the year beginning July 5, 2009, the maximum weekly benefit amounts in Iowa are $374 for an individual with no dependents, $388 for an individual with one dependent, $402 for an individual with two dependents, $423 for an individual with three dependents, and $459 for an individual with four or more dependents. The minimum weekly benefit amounts are $56, $58, $61, $64, and $67, respectively.
Kansas.Effective July 1, 2009, the maximum weekly benefit amount in Kansas is $436 and the minimum is $109.
Maine.Change in Extended Benefits (EB) period. The state now will provide additional extended unemployment benefits to Maine workers. The new EB program was created pursuant to the federal American Recovery and Reinvestment Act of 2009, P.L. 111-5, which made changes to the laws governing extended benefits in the unemployment compensation program. In most cases, the cost of the benefits paid out under this EB program will be paid by the federal government for weeks of unemployment beginning after February 17, 2009, and before January 1, 2010.
Also in accordance with the requirements of the American Recovery and Reinvestment Act of 2009, Maine has amended its statutory provisions relating to the leaving of employment. Now, a claimant will not be disqualified from receiving benefits if the leaving was caused by the illness or disability of the claimant or an immediate family member if the employee promptly notified the employer of the need for time off, a change or reduction in hours, or a shift change, and was advised by the employer that the time off or change or reduction in hours or shift change could not or would not be accommodated. In addition, leaving a job to protect the claimant or any member of the claimant's immediate family from domestic violence will not result in disqualification if the leaving was due to domestic violence that caused the claimant reasonably to believe that his or her continued employment would jeopardize the safety of the claimant or any member of the claimant's immediate family.
Effective from June 1, 2009, through May 31, 2010, the maximum weekly benefit amount in Maine is $356.
Maryland.Maryland has amended its Unemployment Insurance Law as follows: The Maryland Act provides that a “part-time worker” is an individual whose availability for work is restricted to part-time and who works predominantly on a part-time basis throughout the year for at least 20 hours per week. A part-time worker is not considered to be unemployed if the worker is working all the hours for which he or she is available. A part-time worker may be considered as meeting the requirements for ability and availability to work if the worker is eligible for benefits based on wages that are predominantly earned from part-time work; is actively seeking part-time work; is available for part-time work for at least the number of hours worked at his or her previous employment; does not impose any other restrictions on his or her ability to work or availability for work; and is in a labor market in which a reasonable demand exists for part-time work.
Maryland has amended its Unemployment Insurance Law as follows: Effective June 1, 2009, an otherwise eligible individual is disqualified from receiving benefits if he or she receives or is eligible to receive dismissal pay, regardless of whether the unemployment results from the abolishment of the individual's job. There will no longer be a distinction made for unemployment due to job abolishment.
Massachusetts.Massachusetts has amended its regulations under its Employment and Training Law as follows: The Division of Unemployment Assistance must now inform a claimant who does not have wages and employment in Massachusetts, but who requests to file a combined wage claim in the state, that he or she has the option to file in another state in which the claimant has wages and employment. Prior regulations only required the Division to inform the claimant if such a claim was denied.
Michigan.Contribution rates for employers with five or more years of experience will continue to range from 0.06% to 10.30% in 2009. The maximum rate of 10.30% includes a 6.30% maximum chargeable benefit component, a 3.00% maximum account building component and a 1.00% maximum nonchargeable benefits component. Note that if the employer has submitted no quarterly tax reports, that employer's maximum tax rate will be 10.30%, and the employer also will be assessed a penalty of 3.00%, which is separate from the contribution rate. In addition, the new employer rate remains at 2.70%. The nonchargeable benefits component (NBC) for 2009 may range from 0.06% to 1.00%, depending upon an employer's experience. For an employer with no benefit charges for nine years, the NBC is 0.06%. For an employer with no benefit charges for eight years, the NBC will be 0.07%. For an employer with no benefit charges for seven years, the NBC will be 0.08%. For an employer with no benefit charges for six years, the NBC will be 0.09%. For an employer with no benefit charges for five years, the NBC will be 0.10%. For all other employers, the NBC is 1.00%.
A new subsection now provides that if interest due during a calendar year on federal advances is forgiven or postponed under federal law and is no longer due during that calendar year, no solvency tax will be assessed against an employer for that calendar year and any solvency tax already assessed and collected against an employer will be credited to the employer's experience account.
Michigan has amended its Employment Security Act as follows:
The subsection of the law that provided that nonchargeable accounts will be charged with the share of extended benefits otherwise charged to the account of the contributing employer during a period when extended benefits are paid based on the average rate of total unemployment has been eliminated.
Language addressing the amount that will be established in an extended benefit account has been changed. The determination for that amount for a week beginning in a period in which the average rate of total unemployment equals or exceeded 8% now extends to no later than the end of the week in which extended benefits payable under the state law cease to be funded under the American Recovery and Reinvestment Act of 2009.
The Michigan “on” indicator test has also been changed. One of the triggers has been amended so it now applies to weeks beginning after the week of April 13, 2009, and ending at the end of the week in which extended benefits payable under the state law cease to be funded under the American Recovery and Reinvestment Act of 2009. The “on” indicator now applies to claimants who qualify for benefits payable during this time period.
Mississippi.For 2009, the general experience rate is 0.70%, the new employer rate is 2.70%, and total rates range from 0.70% to 5.40%.
Montana.Effective July 5, 2009, the maximum weekly benefit amount in Montana will be $422 and the minimum weekly benefit amount will be $125.