HF 157

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/09/2023 09:45am

A bill for an act
relating to unemployment; modifying notice requirements; amending Minnesota
Statutes 2022, section 268.07, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 268.07, subdivision 1, is amended to read:

Subdivision 1.

Application for unemployment benefits; determination of benefit
account.

(a) An application for unemployment benefits may be filed in person, by mail, or
by electronic transmission as the commissioner may require. The applicant must be
unemployed at the time the application is filed and must provide all requested information
in the manner required. If the applicant is not unemployed at the time of the application or
fails to provide all requested information, the communication is not an application for
unemployment benefits.

(b) new text begin (1) new text end The commissioner must examine each application for unemployment benefits to
determine the base period and the benefit year, and based upon all the covered employment
in the base period the commissioner must determine the weekly unemployment benefit
amount available, if any, and the maximum amount of unemployment benefits available,
if any. The determination, which is a document separate and distinct from a document titled
a determination of eligibility or determination of ineligibility issued under section 268.101,
must be titled determination of benefit account. A determination of benefit account must
be sent to the applicant and all base period employers, by mail or electronic transmission.

new text begin (2) Upon an application for unemployment benefits, the initial correspondence sent to
each base period employer or the determination of benefit account, whichever is earlier,
shall provide the base period employer an opportunity to select that any unemployment
benefits paid to the applicant: (i) should not be used in computing the base period employer's
future tax rate as a taxpaying base period employer; or (ii) should not be charged to the base
period employer's reimbursable account as a base period nonprofit or government employer
that has elected to be liable for reimbursement, based on an exception under section 268.047,
or another applicable provision of chapter 268. The department shall utilize this selection
to provide clearer targeted correspondence to base period employers and applicants. A base
period employer who is not liable for an applicant's unemployment benefits shall be informed
as soon as practicable that the applicant's unemployment benefit payments will not impact
the assessments to that employer's tax account and will not be charged to that employer's
reimbursable account. Correspondence to base period employers shall be written in plain
language and in a form and manner understandable to a person of average intelligence.
new text end

(c) If a base period employer did not provide wage detail information for the applicant
as required under section 268.044, the commissioner may accept an applicant certification
of wage credits, based upon the applicant's records, and issue a determination of benefit
account.

(d) The commissioner may, at any time within 24 months from the establishment of a
benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
were incorrect for any reason. An amended determination of benefit account must be
promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This subdivision does not apply to documents titled determinations of eligibility
or determinations of ineligibility issued under section 268.101.

(e) If an amended determination of benefit account reduces the weekly unemployment
benefit amount or maximum amount of unemployment benefits available, any unemployment
benefits that have been paid greater than the applicant was entitled is an overpayment of
unemployment benefits. A determination or amended determination issued under this section
that results in an overpayment of unemployment benefits must set out the amount of the
overpayment and the requirement under section 268.18, subdivision 1, that the overpaid
unemployment benefits must be repaid.