Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 107-S.F.No. 1218
An act relating to reemployment insurance; making
technical changes; modifying procedures; complying
with federal requirements; modifying definitions;
amending Minnesota Statutes 1998, sections 268.035,
subdivisions 3, 4, 5, 6, 8, 12, 14, 15, 18, 20, 24,
30, 32, and by adding a subdivision; 268.042,
subdivision 3; 268.045; 268.047, subdivisions 1, 2, 3,
and 4; 268.048; 268.051, subdivisions 1, 2, 3, 4, 5,
and 8; 268.052; 268.053; 268.057, subdivisions 4 and
10; 268.058; 268.0625; 268.064; 268.065; 268.067;
268.068; 268.069; 268.07; 268.085; 268.095; 268.101;
268.103, by adding a subdivision; 268.105; 268.115;
268.125, subdivisions 1, 4, and 5; 268.135; 268.145;
268.155; 268.18; 268.182; 268.186; 268.188; 268.192,
subdivision 2; 268.194; 268.196; 268.198; 268.21;
268.23; and 268.30, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 268;
repealing Minnesota Statutes 1998, sections 268.021;
and 268.057, subdivisions 8 and 9; Minnesota Rules,
parts 3305.0100; 3305.0200; 3305.0300; 3305.0400;
3305.0500; 3305.0600; 3305.0700; 3305.0800; 3305.0900;
3305.1100; 3310.1500; 3310.1600; 3310.1700; 3310.1800;
3310.1900; 3310.2000; 3310.2100; 3310.2200; 3310.5100;
and 3310.5800.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [STATEMENT OF INTENT.]
Regardless of Minnesota Statutes, section 268.194,
subdivision 5, or any other provisions of law to the contrary,
in order to meet the requirements of section 5403 of the Federal
Balanced Budget Act of 1997, the distribution of excess Federal
Unemployment Tax Act funds under United States Code, title 42,
section 1103, also known as the Reed Act, with respect to
federal fiscal years ending in 1999, 2000, and 2001 (Minnesota's
portion being projected to be approximately $2,000,000 per year)
shall be used only for systems development for the reemployment
insurance program.
Sec. 2. Minnesota Statutes 1998, section 268.035,
subdivision 3, is amended to read:
Subd. 3. [BACK PAY.] "Back pay" means a retroactive
payment of money by an employer to an employee or former
employee for lost wages because of the employer's noncompliance
with a state or federal law or a collective bargaining agreement
as determined by an arbitration award, administrative or
judicial decision, or negotiated settlement. The payment shall
be applied to the period immediately following the last day of
employment or as specified in the award, decision, or settlement.
Sec. 3. Minnesota Statutes 1998, section 268.035,
subdivision 4, is amended to read:
Subd. 4. [BASE PERIOD.] "Base period" means:
(1) the first four of the last five completed calendar
quarters immediately prior to the effective date of a claimant's
reemployment insurance benefit account;
(2) if during the base period under clause (1) a claimant
received workers' compensation for temporary disability under
chapter 176 or a similar law of the United States, or if a
claimant whose own serious illness caused a loss of work for
which the claimant received compensation for loss of wages from
some other source, the claimant may request that the a base
period be extended as follows:
(i) if a claimant was compensated for a loss of work of
seven to 13 weeks, the original base period shall be extended to
include the one first four of the last six completed calendar
quarter quarters prior to the original base period effective
date of the benefit account;
(ii) if a claimant was compensated for a loss of work of 14
to 26 weeks, the original base period shall be extended to
include the two first four of the last seven completed calendar
quarters prior to the original base period effective date of the
benefit account;
(iii) if a claimant was compensated for a loss of work of
27 to 39 weeks, the original base period shall be extended to
include the three first four of the last eight completed
calendar quarters prior to the original base period effective
date of the benefit account; and
(iv) if a claimant was compensated for a loss of work of 40
to 52 weeks, the original base period shall be extended to
include the first four of the last nine completed calendar
quarters prior to the original base period effective date of the
benefit account;
(3) if the claimant qualifies for an extended a base period
under clause (2), but has insufficient wage credits to establish
a reemployment insurance benefit account, the claimant may
request an alternate a base period of the last four completed
calendar quarters prior to the date the claimant's reemployment
insurance benefit account is effective. This alternate base
period may be used only once during any five-calendar-year
period; and
(4) no base period under clause (1), extended base period
under clause (2), or alternate base period under clause (3)
shall include wage credits upon which a prior reemployment
insurance benefit account was established.
Sec. 4. Minnesota Statutes 1998, section 268.035,
subdivision 5, is amended to read:
Subd. 5. [BENEFITS.] "Benefits" means the money
payments payable available to a claimant, as provided in
sections 268.03 to 268.23, with respect to the claimant's
unemployment.
Sec. 5. Minnesota Statutes 1998, section 268.035,
subdivision 6, is amended to read:
Subd. 6. [BENEFIT YEAR.] "Benefit year" means the period
of 52 calendar weeks beginning the date a reemployment insurance
benefit account is effective. For a reemployment
insurance benefit account established effective any January 1,
April 1, July 1, or October 1, or January 2, 2000, or October 2,
2011, the benefit year will be a period of 53 calendar weeks.
Sec. 6. Minnesota Statutes 1998, section 268.035,
subdivision 8, is amended to read:
Subd. 8. [CLAIMANT.] "Claimant" means an individual who
has made filed an application for a reemployment insurance
account benefits and has established or is actively pursuing the
establishment of a reemployment insurance benefit account.
Sec. 7. Minnesota Statutes 1998, section 268.035,
subdivision 12, is amended to read:
Subd. 12. [COVERED EMPLOYMENT.] "Covered employment" means
the following unless defined excluded as "noncovered employment"
under subdivision 20:
(1) an employee's entire employment if:
(i) the employment is performed entirely in Minnesota;
(ii) the employment is performed primarily in Minnesota,
and the employment performed outside Minnesota is incidental to
the employment in Minnesota; or
(iii) the employment is not performed primarily in any one
state but some of the employment is performed in Minnesota and
the base of operations or the place from which the employment is
directed or controlled is in Minnesota; or the base of
operations or place from which the employment is directed or
controlled is not in any state in which part of the employment
is performed, but the employee's residence is in Minnesota;
(2) an employee's employment wherever performed within the
United States or Canada, if:
(i) the employment is not covered under the reemployment
insurance law of any other state or Canada; and
(ii) the place from which the employment is directed or
controlled is in Minnesota;
(3) the employment of an employee who is a citizen of the
United States, performed outside the United States, except in
Canada, in the employ of an American employer if:
(i) the employer's principal place of business in the
United States is located in Minnesota;
(ii) the employer has no place of business in the United
States, but the employer is an individual who is a resident of
Minnesota, or the employer is a corporation that is organized
under the laws of Minnesota, or the employer is a partnership or
a trust and the number of partners or trustees who are residents
of Minnesota is greater than the number who are residents of any
one other state;
(iii) none of the criteria of subclauses (i) and (ii) is
met but the employer has elected coverage in Minnesota, or the
employer having failed to elect coverage in any state, a
claimant has made an application for benefits under section
268.07, based on the employment;
(iv) an "American employer," for the purposes of this
subdivision, means an individual who is a resident of the United
States, or a partnership if two-thirds or more of the partners
are residents of the United States, or a trust, if all of the
trustees are residents of the United States, or a corporation
organized under the laws of the United States, or of any state;
or
(v) as used in this subdivision, the term "United States"
includes the states, the District of Columbia, the Commonwealth
of Puerto Rico, and the Virgin Islands;
(4) all employment performed by an officer or member of the
crew of an American vessel on or in connection with the vessel,
if the operating office, from which the operations of the vessel
operating on navigable waters within, or within and without, the
United States are ordinarily and regularly supervised, managed,
directed, and controlled is in Minnesota; and
(5) for the purposes of satisfying disqualifications under
section 268.095, subdivision 10, "covered employment" shall
include covered employment under a similar reemployment
insurance law of any other state or employment covered under a
reemployment insurance system program established by an act of
Congress; and
(6) periods for which an individual receives back pay are
periods of "covered employment," except for the satisfying of
disqualifications under section 268.095, subdivision 10.
Sec. 8. Minnesota Statutes 1998, section 268.035,
subdivision 14, is amended to read:
Subd. 14. [EMPLOYER.] "Employer" means any of the
following which has had one or more employees during the current
or the prior calendar year:
(1) any individual or type of organization, resident or
nonresident, for profit or nonprofit, religious, charitable, or
educational, including any partnership, limited liability
company, trust, estate, or corporation, domestic or foreign, or
the receiver, trustee in bankruptcy, trustee or successor of any
of the foregoing, or the legal representative of a deceased
person;
(2) any government entity, state or federal, foreign or
domestic, Indian tribe, including any subdivision thereof and
any instrumentality thereof owned wholly or in part;
(3) any organization or person that is considered an
employer under United States Code, title 26, section 3306(a) of
the Federal Unemployment Tax Act;
(4) (3) any organization or person that has elected, under
section 268.042, to be subject to sections 268.03 to 268.23;
(5) (4) a joint venture composed of one or more employers;
(6) (5) any private or nonprofit organization or government
agency providing or authorizing the hiring of homeworkers,
personal care attendants, or other individuals performing
similar services in a private home is the employer of the
homeworker, attendant, or similar worker whether
the organization or agency pays the employee directly or
provides funds to the recipient of the services to pay for the
services. This clause does not apply to the state of Minnesota
or any county that provides federal, state, or local funds to a
child care provider either directly or indirectly through a
parent who is a child care assistance recipient; or
(7) (6) each individual employed to perform or assist in
performing the work of any agent or employee shall be considered
to be employed by that employer whether the individual was hired
or paid directly by that employer or by the agent or employee,
provided the employer had actual or constructive knowledge of
the work.
Sec. 9. Minnesota Statutes 1998, section 268.035,
subdivision 15, is amended to read:
Subd. 15. [EMPLOYMENT.] "Employment" means service
performed by:
(1) an individual who is considered an employee under the
common law of employer-employee and not considered an
independent contractor;
(2) an officer of a corporation;
(3) a member of a limited liability company who is
considered an employee under the common law of
employer-employee; or
(4) an individual who performs services for a person for
compensation, as:
(i) an agent-driver or commission-driver engaged in
distributing meat products, vegetable products, fruit products,
beverages, or laundry or dry cleaning services, for a principal;
or
(ii) a traveling or city salesperson, other than as an
agent-driver or commission-driver, engaged upon a full-time
basis in the solicitation on behalf of, and the transmission to,
a principal (except for sideline sales activities on behalf of
some other person), of orders from wholesalers, retailers,
contractors, or operators of hotels, restaurants, or other
similar establishments for merchandise for resale or supplies
for use in their business operations.
This clause shall apply only if the contract of service
provides that substantially all of the services are to be
performed personally by the individual, and the services are
part of a continuing relationship with the person for whom the
services are performed, and the individual does not have a
substantial investment in facilities used in connection with the
performance of the services (, other than facilities for
transportation); or
(5) an individual whose service is considered employment
under United States Code, title 26, section 3306(c), of the
Federal Unemployment Tax Act.
Sec. 10. Minnesota Statutes 1998, section 268.035,
subdivision 18, is amended to read:
Subd. 18. [FUND.] "Fund" means the Minnesota reemployment
insurance trust fund established by section 268.194.
Sec. 11. Minnesota Statutes 1998, section 268.035,
subdivision 20, is amended to read:
Subd. 20. [NONCOVERED EMPLOYMENT.] "Noncovered employment"
means:
(1) employment for the United States government or an
instrumentality thereof, including military service;
(2) employment for an Indian, an Indian-controlled
employer, and Indian tribe, or any wholly controlled
subsidiaries or subdivisions, if the employment is performed on
an Indian reservation or Indian Trust Land;
(3) employment for a state, other than Minnesota, or a
political subdivision or instrumentality thereof;
(4) employment for a foreign government;
(5) employment for an instrumentality wholly owned by a
foreign government, if the employment is of a character similar
to that performed in foreign countries by employees of the
United States government or an instrumentality thereof and the
United States Secretary of State has certified that the foreign
government grants an equivalent exemption to similar employment
performed in the foreign country by employees of the United
States government and instrumentalities thereof;
(6) employment with respect to which reemployment insurance
benefits are payable under a system established by an act of
Congress covered under United States Code, title 45, section
351, the Railroad Unemployment Insurance Act;
(7) employment covered by a reciprocal arrangement between
the commissioner and another state or the federal government
pursuant to which provides that all employment performed by an
individual for an employer during the period covered by the
reciprocal arrangement is considered performed entirely within
another state;
(8) employment for a religious, charitable, education, or
other organization described in United States Code, title 26,
section 501(c)(3) of the federal Internal Revenue Code and
exempt from income tax under section 501(a), but only if the
organization did not have one or more individuals in employment
for some portion of a day in each of 20 different weeks, whether
or not such weeks were consecutive, within either the current or
the prior calendar year, regardless of whether they were
employed at the same time;
(9) (8) employment for a church or convention or
association of churches, or an organization operated primarily
for religious purposes that is operated, supervised, controlled,
or principally supported by a church or convention or
association of churches described in United States Code, title
26, section 501(c)(3) of the federal Internal Revenue Code and
exempt from income tax under section 501(a);
(10) (9) employment of a duly ordained, commissioned, or
licensed minister of a church in the exercise of a ministry or
by a member of a religious order in the exercise of duties
required by the order, for Minnesota or a political subdivision
or an organization described in United States Code, title 26,
section 501(c)(3) of the federal Internal Revenue Code and
exempt from income tax under section 501(a);
(11) (10) employment of an individual receiving
rehabilitation of "sheltered" work in a facility conducted for
the purpose of carrying out a program of rehabilitation for
individuals whose earning capacity is impaired by age or
physical or mental deficiency or injury or a program providing
"sheltered" work for individuals who because of an impaired
physical or mental capacity cannot be readily absorbed in the
competitive labor market. This clause applies only to services
performed for Minnesota or a political subdivision or an
organization described in United States Code, title 26, section
501(c)(3) of the federal Internal Revenue Code and exempt from
income tax under section 501(a) in a facility certified by the
rehabilitation services branch of the department or in a day
training or habilitation program licensed by the department of
human services;
(12) (11) employment of an individual receiving work relief
or work training as part of an unemployment work relief or work
training program assisted or financed in whole or in part by any
federal agency or an agency of a state or political subdivision
thereof. This clause applies only to employment for Minnesota
or a political subdivision or an organization described in
United States Code, title 26, section 501(c)(3) of the federal
Internal Revenue Code and exempt from income tax under section
501(a). This clause shall not apply to programs that require
reemployment insurance coverage for the participants;
(13) employment in any calendar quarter for any
organization exempt from income tax under United States Code,
title 26, section 501(a) or 521 of the federal Internal Revenue
Code except a trust described in section 401(a), if the
compensation for the employment is less than $50;
(14) (12) employment for Minnesota or a political
subdivision if the service is as an elected official, a member
of a legislative body, or a member of the judiciary;
(15) (13) employment as a member of the Minnesota national
guard or air national guard;
(16) (14) employment for Minnesota, a political
subdivision, or instrumentality thereof, as an employee serving
only on a temporary basis in case of fire, storm, snow,
earthquake, flood, tornado, or similar emergency;
(17) (15) employment as an election official or election
worker for Minnesota or a political subdivision, but only if the
compensation for that employment was less than $1,000 in a
calendar year;
(18) (16) employment for Minnesota that is a major
nontenured policy making or advisory position in the
unclassified service, including those positions established
pursuant to section 43A.08, subdivision 1a;
(19) employment in a policy making position for Minnesota
or a political subdivision, the performance of the duties that
ordinarily does not require more than eight hours per week;
(20) (17) employment for a political subdivision of
Minnesota that is a nontenured major nontenured policy making or
advisory position;
(21) (18) domestic service employment in a private
household, local college club, or local chapter of a college
fraternity or sorority performed for a person, only if the wages
paid in any calendar quarter in either the current or preceding
calendar year to all individuals employed in domestic service
employment totaled less than $1,000.
"Domestic service employment" includes all service for an
individual in the operation and maintenance of a private
household, for a local college club, or local chapter of a
college fraternity or sorority as distinguished from service as
an employee in the pursuit of an employer's trade, occupation,
profession, enterprise, or vocation or business;
(22) (19) employment of an individual by a son, daughter,
or spouse, and employment of a child under the age of 18 by the
child's father or mother;
(23) (20) employment of an inmate of a custodial or penal
institution;
(24) (21) employment for a school, college, or university
by a student who is enrolled and is regularly attending classes
at the school, college, or university;
(25) (22) employment of an individual who is enrolled as a
student in a full-time program at a nonprofit or public
educational institution that normally maintains a regular
faculty and curriculum and normally has a regularly organized
body of students in attendance at the place where its
educational activities are carried on, taken for credit at the
institution, that combines academic instruction with work
experience, if the employment is an integral part of the
program, and the institution has so certified to the employer,
except that this clause shall not apply to employment in a
program established for or on behalf of an employer or group of
employers;
(26) (23) employment of university, college, or
professional school students in an internship or other training
program with the city of St. Paul or the city of Minneapolis
pursuant to Laws 1990, chapter 570, article 6, section 3;
(27) (24) employment for a hospital by a patient of the
hospital. "Hospital" means an institution that has been
licensed, certified, or approved by the department of health as
a hospital;
(28) (25) employment as a student nurse for a hospital or a
nurses' training school by an individual who is enrolled and is
regularly attending classes in a an accredited nurses' training
school chartered and approved pursuant to state law;
(29) (26) employment as an intern for a hospital by an
individual who has completed a four-year course in a an
accredited medical school chartered and approved pursuant to
state law;
(30) (27) employment as an insurance agent or as an
insurance solicitor salesperson, by other than a corporate
officer, if all the compensation for the employment is solely by
way of commission. The word "insurance" shall include an
annuity and an optional annuity;
(31) (28) employment as an officer of a township mutual
insurance company or farmer's mutual insurance company operating
pursuant to chapter 67A;
(32) (29) employment as a real estate salesperson, by other
than a corporate officer, if all the compensation for the
employment is solely by way of commission;
(33) (30) employment as a direct seller as defined in
United States Code, title 26, section 3508;
(34) (31) employment of an individual under the age of 18
in the delivery or distribution of newspapers or shopping news,
not including delivery or distribution to any point for
subsequent delivery or distribution;
(35) (32) casual labor employment performed for an
individual, other than domestic employment under clause (18),
that does not in the course of the promote or advance that
employer's trade or business;
(36) (33) employment in "agricultural employment" unless
considered "covered agricultural employment" under subdivision
11; or
(37) (34) if the employment during one-half or more of any
pay period constitutes was covered employment, all the
employment for the pay period shall be considered covered
employment; but if the employment performed during more than
one-half of any pay period does not constitute covered the
employment was noncovered employment, then none all of the
employment for the pay period shall be considered covered
noncovered employment. "Pay period" means a period of not more
than a calendar month for which a payment or compensation is
ordinarily made to the employee by the employer.
Sec. 12. Minnesota Statutes 1998, section 268.035, is
amended by adding a subdivision to read:
Subd. 21a. [REEMPLOYMENT ASSISTANCE TRAINING.] (a) A
claimant is in "reemployment assistance training" when:
(1) reasonable and suitable employment for the claimant
does not exist in the labor market area and it is necessary that
the claimant receive training in order to obtain suitable
employment;
(2) the curriculum, facilities, staff, and other essentials
are adequate to achieve the training objective;
(3) the training is vocational in nature or short term
academic training vocationally directed to an occupation or
skill for which there are reasonable employment opportunities
available to the claimant;
(4) the training course is considered full time by the
training provider; and
(5) the claimant is making satisfactory progress in the
training.
(b) Full-time training provided through the dislocated
worker program, the Trade Act of 1974, as amended, or the North
American Free Trade Agreement shall be considered "reemployment
assistance training," if that training course is in accordance
with the requirements of that program.
(c) A claimant will be considered in reemployment
assistance training only if the training course has actually
started or is scheduled to start within 30 calendar days.
Sec. 13. Minnesota Statutes 1998, section 268.035,
subdivision 24, is amended to read:
Subd. 24. [TAXABLE WAGES.] (a) "Taxable wages" means those
wages paid to an employee in covered employment each calendar
year up to an amount equal to 60 percent of the state's average
annual wage, rounded to the nearest $100 $1,000.
(b) Taxable wages includes the amount of wages paid for
covered employment by the employer's predecessor in this state
or under the reemployment insurance law of any other state. Any
credit given for amounts reported under the reemployment
insurance law of another state shall be limited to that state's
taxable wage base when there has been an experience rating
record transfer under section 268.051, subdivision 4.
Sec. 14. Minnesota Statutes 1998, section 268.035,
subdivision 30, is amended to read:
Subd. 30. [WAGES PAID.] (a) "Wages paid" means the amount
of wages which that have been actually paid or which that have
been credited to or set apart for the employee so that payment
and disposition is under the control of the employee. Wage
payments delayed beyond their the regularly scheduled pay date
are considered "actually wages paid" on the missed pay
date. Back pay shall be considered "wages paid" on the date of
actual payment. Any wages earned but not paid with no scheduled
date of payment shall be considered "actually wages paid" on the
last day services are performed in of employment before
separation.
(b) Wages paid shall not include wages earned but not paid
except as provided for in this subdivision.
Sec. 15. Minnesota Statutes 1998, section 268.035,
subdivision 32, is amended to read:
Subd. 32. [WEEKLY BENEFIT AMOUNT.] "Weekly benefit amount"
means the amount of benefits computed under section 268.07, that
a claimant would be entitled to receive for a week, if totally
unemployed and eligible subdivision 2, paragraph (b).
Sec. 16. Minnesota Statutes 1998, section 268.042,
subdivision 3, is amended to read:
Subd. 3. [ELECTION AGREEMENTS; TERMINATION POWERS OF
COMMISSIONER.] (a) An organization or person, not defined as an
employer, that files with the commissioner a written election to
become an employer, shall, with the written approval of the
commissioner, become an employer for not less than two calendar
years to the same extent as all other employers, as of the date
stated in the approval. The organization or person shall cease
to be an employer as of the first day of January of any calendar
year, only, if at least 30 calendar days prior to the first day
of January, the organization or person has filed with the
commissioner a written notice to that effect.
(b) Any employer that has services employment performed for
it that do does not constitute employment and covered
employment, may file with the commissioner a written election
that all such service employment, in one or more distinct
establishments or places of business, shall be considered
covered employment for not less than two calendar years. Upon
the written approval of the commissioner, the
services employment shall constitute covered employment from and
after the date stated in the approval. The services employment
shall cease to be considered covered employment as of the first
day of January of any calendar year only if at least 30 calendar
days prior to the first day of January the employer has filed
with the commissioner a written notice to that effect.
(c) (b) The commissioner must terminate any election
agreement under this subdivision upon 30 calendar days' notice,
if the employer fails to pay all taxes due or payments in lieu
of taxes due the fund.
Sec. 17. Minnesota Statutes 1998, section 268.045, is
amended to read:
268.045 [EMPLOYER TAX OR REIMBURSABLE ACCOUNTS.]
(a) The commissioner shall maintain a separate tax account
for each taxpaying employer and a reimbursable account for each
employer that is liable for payments in lieu of taxes if that
employer has employees in covered employment in the current or
the prior calendar year, except as provided in this section, and
shall charge the account for any benefits determined chargeable
to the employer under section 268.047 and shall credit the tax
account with all the taxes paid, or if the employer is liable
for payments in lieu of taxes, shall credit the reimbursable
account with the payments made.
(b) Two or more related corporations concurrently employing
the same employees and compensating those employees through a
common paymaster that is one of the corporations may apply to
the commissioner to establish a common paymaster tax account
that shall be the tax account of the common paymaster
corporation. If approved, the separate tax accounts shall be
maintained, but the employees compensated through the common
paymaster shall be reported as employees of the common paymaster
corporation. The corporations using the common paymaster tax
account shall be jointly and severally liable for any unpaid
taxes, penalties, and interest owing from the common
paymaster tax account.
(c) Two or more employers having 50 percent or more common
ownership and compensating employees through a single payer that
is one of the employers may apply to the commissioner for a
merging of the experience rating records of the employers into a
single joint tax account.
If approved, the joint tax account shall be effective on
that date assigned by the commissioner and shall remain in
effect for not less than two calendar years, and continuing
unless written notice terminating the joint tax account is filed
with the commissioner. The termination shall be effective on
January 1 next following the filing of the written notice of
termination.
The employers in the joint tax account shall be jointly and
severally liable for any unpaid taxes, penalties, and interest
owing from the joint tax account.
(d) Two or more employers that are liable for payments in
lieu of taxes may apply to the commissioner for the
establishment of a group reimbursable account for the purpose of
sharing the cost of benefits charged based upon wage credits
from all employers in the group. The application shall identify
and authorize a group representative to act as the group's agent
for the purposes of the reimbursable account. If approved, the
commissioner shall establish a group reimbursable account for
the employers effective as of the beginning of the calendar year
that the application is received. The reimbursable account
shall remain in effect for not less than two calendar years and
thereafter until terminated at the discretion of the
commissioner or upon application by the group at least 30
calendar days prior to the end of the two year period or 30
calendar days prior to January 1 of any following calendar
year. Each employer in the group shall be jointly and severally
liable for payments in lieu of taxes for all benefits paid based
upon wage credits from all employers in the group during the
period the group reimbursable account was in effect.
Sec. 18. Minnesota Statutes 1998, section 268.047,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL RULE.] Benefits paid to a claimant
pursuant to a reemployment insurance account, including
extended, additional, and shared work benefits, shall be charged
to the tax or reimbursable account of the claimant's base period
employer as and when paid except as provided in subdivisions 2
and 3. The amount of benefits chargeable charged to each base
period employer's tax or reimbursable account shall bear be the
same ratio to percentage of the total amount of benefits paid to
a claimant as the percentage of wage credits the claimant was
paid by from the employer bear to is of the total amount of wage
credits the claimant was paid by from all the claimant's base
period employers.
In making computations under this subdivision, the amount
of wage credits, if not a multiple of $1 whole dollar, shall be
computed to the nearest multiple of $1 whole dollar.
Sec. 19. Minnesota Statutes 1998, section 268.047,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS TO CHARGES FOR ALL EMPLOYERS.]
Benefits paid to a claimant shall not be charged to the tax
account of a taxpaying base period employer or to
the reimbursable account of a base period employer that is
liable for payments in lieu of taxes under the following
conditions when:
(1) the claimant was discharged from the employment because
of gross aggravated employment misconduct as determined under
section 268.095. This clause exception shall apply only to
benefits paid for weeks periods after the claimant's discharge
from employment; or
(2) a claimant's discharge from that employment was
required by occurred because a law mandating a background check,
or the claimant's discharge from that employment was required by
law because of a criminal conviction removal of the claimant
from the position the claimant held; or
(3) the employer:
(i) provided regularly scheduled part-time employment to
the claimant during the claimant's base period;
(ii) during the claimant's benefit year, and continues to
provide the claimant with regularly scheduled part-time
employment approximating during the benefit year of at least 90
percent of the part-time employment provided the claimant by
that employer in the base period, or for and is an involved
employer because of the claimant's loss of other employment.
This exception shall terminate effective the first week that the
employer fails to meet the benefit year employment requirements.
This exception shall apply to educational institutions without
consideration of the period between academic years or terms;
(4) the employer is a fire department or firefighting
corporation or operator of a life-support transportation
service, and continues to provide employment for the claimant as
a volunteer firefighter or a volunteer ambulance service
personnel during the benefit year on the same basis that
employment was provided in the base period; and
(iii) is an involved employer because of the claimant's
loss of other employment. The This exception to charges shall
terminate effective the first week in the claimant's benefit
year that the employer fails to meet the provisions of subclause
(ii) benefit year employment requirements;
This clause shall apply to educational institution
employers without consideration of the period between academic
years or terms; or
(4) (5) the claimant's unemployment from this employer was
directly caused by a major natural disaster declared by the
president, if the claimant would have been eligible for federal
disaster unemployment assistance with respect to that
unemployment but for the claimant's receipt of reemployment
insurance benefits; or
(5) the claimant's unemployment from this employer was
directly caused by a direct result of the condemnation of
property by a governmental agency, a fire, flood, or act of God
nature, where 70 25 percent or more of the employees employed in
at the affected location, including the claimant, became
unemployed as a result and the employer substantially reopens
its operations in that same area within 18 months. Benefits
This exception shall be charged to the employer not apply where
the unemployment is caused by was a direct result of the willful
intentional act of the employer or a person acting on behalf of
the employer; or
(6) the benefits were paid by another state as a result of
the transferring of wage credits under a combined wage
arrangement provided for in section 268.131; or
(7) on a second reemployment insurance account established
pursuant to section 268.07, subdivision 3, where the employer
provided 90 percent or more of the wage credits in the
claimant's prior base period and the claimant did not perform
services for the employer during the second base period; or
(8) the claimant left or partially or totally lost
employment stopped working because of a strike or other labor
dispute at the claimant's primary place of employment if the
employer was not a party to the strike or labor dispute; or
(9) (8) the benefits were determined overpaid benefits
under section 268.18.
Sec. 20. Minnesota Statutes 1998, section 268.047,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS TO CHARGES FOR TAXPAYING EMPLOYERS.]
Benefits paid to a claimant shall not be charged to the tax
account of a taxpaying base period employer under the following
conditions when:
(1) the claimant's wage credits from that employer are less
than $500;
(2) the claimant quit the employment, unless it was
determined under section 268.095, to have been because of a good
reason caused by the employer or because the employer notified
the claimant of discharge within 30 calendar days. This clause
exception shall apply only to benefits paid for periods after
the claimant's quitting the employment; or
(3) the employer discharged the claimant from employment
because of employment misconduct as determined under section
268.095. This clause exception shall apply only to benefits
paid for periods after the claimant's discharge from employment;.
(4) the employer discharged the claimant from employment
because of reasons resulting directly from the claimant's
serious illness, that was determined not misconduct under
section 268.095, provided the employer made a reasonable effort
to retain the claimant in employment in spite of the claimant's
serious illness; or
(5) the claimant avoided or failed to accept an offer from
the employer of suitable reemployment, as determined under
section 268.095, or avoided or failed to accept an offer of
reemployment with substantially the same or better hourly wages
and conditions of employment as were previously provided by that
employer. This clause shall only apply to benefits paid for
periods after the claimant's refusal or avoidance.
(6) the claimant was held not disqualified from benefits
under section 268.095 solely because of the application of
section 268.105, subdivision 3a, paragraph (d).
Sec. 21. Minnesota Statutes 1998, section 268.047,
subdivision 4, is amended to read:
Subd. 4. [FEDERAL REIMBURSED BENEFITS NOT CHARGED.]
Notwithstanding Regardless of subdivision 1, no employer's
account shall be charged for benefits for which the reemployment
insurance fund is reimbursed by the federal government.
Sec. 22. Minnesota Statutes 1998, section 268.048, is
amended to read:
268.048 [BENEFITS NOT CHARGED IN WELFARE-TO-WORK.]
(a) The commissioner shall, prior to computing a tax rate,
remove benefit charges from the tax account of a taxpaying
employer if the claimant to whom those benefits were paid was:
(1) a primary wage earner who was a recipient of cash
benefits under a Minnesota welfare program in the calendar
quarter or immediately preceding calendar quarter that wages
were first paid by that employer;
(2) paid wages by that employer in no more than two
calendar quarters; and
(3) paid wages by that employer of less than $3,000.
(b) This section shall only apply to benefit charges
accruing after July 1, 1997. Paragraph (a), clauses (2) and
(3), shall apply to any calendar quarter and is not limited to
quarters in the claimant's base period.
(c) If the commissioner finds that an employer discharged
the claimant, or engaged in the employment practice of
discharging workers, in order to meet the requirements of
paragraph (a), clauses (2) and (3), this section shall not
apply. In addition, the employer's action shall constitute
employer misconduct and the penalties under section 268.184
shall be assessed.
Sec. 23. Minnesota Statutes 1998, section 268.051,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENTS.] (a) Taxes shall accrue and
become payable by each employer for each calendar year that the
employer paid wages to employees in covered employment, except
for:
(1) nonprofit corporations organizations that elect to make
payments in lieu of taxes as provided in section 268.053; and
(2) the state of Minnesota and political subdivisions,
unless they elect to pay taxes as provided in section 268.052.
Each employer shall pay taxes quarterly, at the employer's
assigned tax rate, on the taxable wages paid to each employee.
The taxes shall be paid to the fund on or before the last day of
the month following the end of the calendar quarter.
(b) The tax may be paid in an amount to the nearest whole
dollar.
(c) When the tax for any calendar quarter is less than $1,
the tax shall be disregarded.
Sec. 24. Minnesota Statutes 1998, section 268.051,
subdivision 2, is amended to read:
Subd. 2. [COMPUTATION OF TAX RATES.] (a) For each calendar
year the commissioner shall compute the tax rate of
each taxpaying employer that qualifies for an experience rating
by adding the minimum tax rate to the employer's experience
rating.
(b) The minimum tax rate shall be six-tenths of one percent
if the amount in the fund is less than $200,000,000 on June 30
of the prior calendar year; or five-tenths of one percent if the
fund is more than $200,000,000 but less than $225,000,000; or
four-tenths of one percent if the fund is more than $225,000,000
but less than $250,000,000; or three-tenths of one percent if
the fund is more than $250,000,000 but less than $275,000,000;
or two-tenths of one percent if the fund is $275,000,000 but
less than $300,000,000; or one-tenth of one percent if the fund
is $300,000,000 or more.
(c) For the purposes of this subdivision the fund shall not
include any money advanced borrowed from the federal
unemployment trust fund pursuant to section 268.194, subdivision
6.
Sec. 25. Minnesota Statutes 1998, section 268.051,
subdivision 3, is amended to read:
Subd. 3. [COMPUTATION OF AN A TAXPAYING EMPLOYER'S
EXPERIENCE RATING.] (a) For each calendar year, the commissioner
shall compute an experience rating for an each taxpaying
employer who has been subject to this chapter for at least the
12 calendar months prior to July 1 of the prior calendar year.
The experience rating shall be the ratio obtained by
dividing 1-1/4 times 125 percent of the total benefits charged
to the employer's tax account during the period the employer has
been subject to this chapter, but not less than the 12 or more
than the 60 calendar months ending on June 30 of the prior
calendar year, by the employer's total taxable payroll for the
same period.
(b) For purposes of paragraph (a), only that taxable
payroll upon which taxes have been paid on or before September
30 of the prior calendar year may be used in computing an
employer's experience rating.
(c) The experience rating shall be computed to the nearest
one-tenth of a percent, to a maximum of 8.9 percent.
Sec. 26. Minnesota Statutes 1998, section 268.051,
subdivision 4, is amended to read:
Subd. 4. [EXPERIENCE RATING RECORD TRANSFER.] (a) When an
employer acquires the organization, trade or business or
substantially all the assets of another employer, and there is
25 percent or more common ownership, directly or indirectly,
between the predecessor and successor, the experience rating
record of the predecessor employer shall be transferred as of
the date of acquisition to the successor employer for the
purpose of computing a tax rate.
(b) When an employer acquires a distinct severable portion
of the organization, trade, business, or assets that is less
than substantially all of the employing enterprises of another
employer, and there is 25 percent or more common ownership,
directly or indirectly, between the predecessor and successor,
the successor employer shall acquire the experience rating
record attributable to the portion it acquired, and the
predecessor employer shall retain the experience rating record
attributable to the portion that it has retained, if (1) the
successor makes a written request to apply for the transfer of
the experience rating record attributable to the severable
portion acquired from the predecessor within 180 calendar days
from the date of acquisition, and (2) files an application
within the time and in the manner prescribed by the commissioner
that furnishes sufficient information to substantiate the
severable portion and to assign the appropriate total and
taxable wages and benefit charges to the successor for
experience rating purposes.
(c) The term "common ownership" for purposes of this
subdivision includes ownership by a spouse, parent, child,
brother, sister, aunt, uncle, niece, nephew, or first cousin, by
birth or by marriage.
(d) If the successor employer under paragraphs (a) and (b)
had an experience rating record at the time of the acquisition,
the transferred record of the predecessor shall be combined with
the successor's record for purposes of computing a tax rate.
(e) If there has been a transfer of an experience rating
record under paragraph (a) or (b), employment with a predecessor
employer shall not be considered to have been terminated if
similar employment is offered by the successor employer and
accepted by the employee.
(f) The commissioner, upon the commissioner's own motion or
upon application of an employer shall determine if an employer
is a successor within the meaning of this subdivision and shall
send the determination to the employer by mail or electronic
transmission. The determination shall be final unless an appeal
is filed by the employer within 30 calendar days after the
sending of the determination. Proceedings on the appeal shall
be conducted in accordance with section 268.105.
(g) The commissioner may, as the result of any
determination or decision regarding succession or nonsuccession,
recompute the tax rate of all employers affected by the
determination or decision for any year, including the year of
the acquisition and subsequent years, that is affected by the
transfer or nontransfer of part or all of the experience rating
record. This paragraph does not apply to rates that have become
final before the filing of a written request to apply for the
transfer of a severable portion of the experience rating record
under paragraph (b).
(h) The experience rating record for purposes of this
subdivision shall consist of those factors which that make up an
experience rating, without the 12-month minimum required under
subdivision 3.
(i) If the commissioner finds that a transaction was done,
in whole or in part, to avoid an experience rating record or the
transfer of an experience rating record, the commissioner may
transfer all or part of the experience rating record to an
employer notwithstanding regardless of the requirements or
limitations of paragraph (a). This shall include the
transferring of employees from the payroll of an employer with a
higher experience rating record to the payroll of an employer
with a lower experience rating record.
(j) Regardless of paragraph (a), if there is an acquisition
or merger of a publicly held corporation by or with another
publicly held corporation the experience rating records of the
corporations shall be combined as of the date of acquisition or
merger for the purpose of computing a tax rate.
Sec. 27. Minnesota Statutes 1998, section 268.051,
subdivision 5, is amended to read:
Subd. 5. [TAX RATE FOR NEW EMPLOYERS.] (a) Each taxpaying
employer that does not qualify for an experience rating under
subdivision 3, paragraph (a), except employers in the
construction a high experience rating industry, shall be
assigned a tax rate the higher of (1) one percent, or (2) the
state's average cost rate; to a maximum of 5-4/10 percent. For
purposes of this paragraph, the state's average cost rate shall
be computed annually and shall be derived by dividing the total
amount of benefits paid all claimants during the 60 consecutive
calendar months prior to July 1 of each year by the total
taxable wages of all taxpaying employers during the same
period. This rate for new employers shall be applicable for the
calendar year following the computation date.
(b) Each taxpaying employer in the construction a high
experience rating industry that does not qualify for an
experience rating under subdivision 3, paragraph (a), shall be
assigned a tax rate, the higher of (1) one percent, or (2) the
state's average cost rate for construction employers to a
maximum of 8.9 8.0 percent, plus the applicable minimum tax
rate. For purposes of this paragraph, the state's average cost
rate shall be computed annually and shall be derived by dividing
the total amount of benefits paid to claimants of construction
industry employers during the 60 consecutive calendar months
prior to July 1 of each year by the total taxable wages of
construction industry employers during the same period. This
rate shall be applicable for the calendar year following the
computation date.
An employer is considered in the construction to be in a
high experience rating industry if:
(1) the employer is within division C of the Standard
Industrial Classification Manual issued by the United States
Office of Management and Budget, except as excluded by rules
adopted by the commissioner. engaged in residential, commercial,
or industrial construction, including general contractors;
(2) the employer is engaged in sand, gravel, or limestone
mining;
(3) the employer is engaged in the manufacturing of
concrete, concrete products, or asphalt; or
(4) the employer is engaged in road building, repair, or
resurfacing, including bridge and tunnels and residential and
commercial driveways and parking lots.
Sec. 28. Minnesota Statutes 1998, section 268.051,
subdivision 8, is amended to read:
Subd. 8. [SOLVENCY ASSESSMENT.] (a) If the fund balance is
less than $150,000,000 on June 30 of any year, a solvency
assessment on taxpaying employers will be in effect for the
following calendar year. The taxpaying employer shall pay
quarterly a solvency assessment of ten percent of the taxes due.
(b) The solvency assessment shall be placed into a special
account from which the commissioner shall pay any interest
accruing on any advance loan from the federal unemployment trust
fund provided for under section 268.194, subdivision 6. If the
commissioner determines that the balance in this special account
is more than is necessary to pay the interest on any advance,
the commissioner shall pay to the fund the amount in excess of
that necessary to pay the interest on any advance.
Sec. 29. Minnesota Statutes 1998, section 268.052, is
amended to read:
268.052 [PAYMENT TO FUND BY STATE AND POLITICAL
SUBDIVISIONS.]
Subdivision 1. [PAYMENTS TO FUND BY STATE AND POLITICAL
SUBDIVISIONS.] In lieu of taxes payable on a quarterly basis,
the state of Minnesota or its political subdivisions shall pay
into the reemployment insurance fund the amount of benefits
charged to its reimbursable account under section 268.047.
Payments in the amount of benefits charged to the reimbursable
account during a calendar quarter shall be made on or before the
last day of the month next following the month in which that the
notice of benefits charged is mailed to the employer sent
pursuant to section 268.047, subdivision 5. Past due
payments in lieu of taxes shall be subject to the same interest
charges and collection procedures that apply to past due taxes.
Subd. 2. [ELECTION BY STATE OR POLITICAL SUBDIVISION TO BE
A TAXPAYING EMPLOYER.] (a) The state or political subdivision
may elect to be a taxpaying employer for any calendar year if
a written notice of election is filed with the commissioner
within 30 calendar days following January 1 of that calendar
year. Upon election, the state or political subdivision shall
be assigned the new employer tax rate under section 268.051,
subdivision 5, for the calendar year of the election and until
it qualifies for an experience rating under section 268.051,
subdivision 3.
(b) An election shall be for a minimum period of two three
calendar years immediately following the effective date of the
election and continue unless a written notice terminating the
election is filed with the commissioner not later than 30
calendar days prior to before the beginning of the calendar
year. The termination shall be effective at the beginning of
the next calendar year. A termination of election shall be
allowed only if the state or political subdivision has a zero
experience rating and has no benefit charges to its tax account
that have not yet been used in computing an experience rating
under section 268.051, subdivision 3.
(b) (c) The method of payments to the reemployment
insurance fund under subdivisions 3 and 4 shall apply to all
contributions taxes paid by or due from the state or political
subdivision that elects to be taxpaying employers under this
subdivision.
(d) The commissioner may allow a notice of election or a
notice terminating election to be filed by mail or electronic
transmission.
Subd. 3. [METHOD OF PAYMENT BY STATE TO FUND.] To
discharge its obligations liability, the state and its wholly
owned instrumentalities shall pay the reemployment insurance
fund as follows:
(a) (1) Every self-sustaining department, institution and
wholly owned instrumentality of the state shall pay into the
fund the amounts the commissioner shall certify has been paid
from the fund that were charged to its account in accordance
with subdivision 1. For the purposes of this clause a
"self-sustaining department, institution or wholly owned
instrumentality" is one in which where the dedicated income and
revenue substantially offsets its cost of operation.
(b) (2) Every partially self-sustaining department,
institution and wholly owned instrumentality of the state shall
pay into the fund the that same proportion of the sum amount
that the commissioner certifies has been paid from the fund has
been charged to its employer account as the proportion of the
total of its income and revenue bears is to its annual cost of
operation.
(c) (3) Every department, institution or wholly owned
instrumentality of the state which that is not self-sustaining
shall pay to the fund the amount the commissioner certifies has
been paid from the fund which were charged to their accounts to
the extent funds are available from appropriated funds.
(d) (4) The departments, institutions and wholly owned
instrumentalities of the state, including the University of
Minnesota, which that have money available shall immediately pay
the fund for benefits paid which were charged to their accounts
upon receiving notification from the commissioner of the charges
in accordance with subdivision 1. If a claimant was paid by a
department, institution or wholly owned instrumentality during
the claimant's base period from a special or administrative
account or fund provided by law, the payment into to the fund
shall be made from the special or administrative account or fund
with the approval of the department of administration and the
amounts are hereby appropriated.
(e) (5) For those departments, institutions and wholly
owned instrumentalities of the state which that cannot
immediately pay the fund for benefits that were charged to their
accounts, the commissioner shall certify on November 1 of each
calendar year to the department commissioner of finance the
unpaid balances due and owing. Upon receipt of the
certification, the commissioner of the department of finance
shall include the unpaid balances in the biennial budget
submitted to the legislature.
Subd. 4. [METHOD OF PAYMENT BY POLITICAL SUBDIVISION TO
FUND.] A political subdivision or instrumentality thereof is
authorized and directed to pay its obligations under this
chapter liabilities by moneys money collected from taxes or
other revenues. Every political subdivision authorized to levy
taxes may include in its tax levy the amount necessary to pay
its obligations liabilities. If the taxes authorized to be
levied under this subdivision cause the total amount of taxes
levied to exceed any limitation upon the power of a political
subdivision to levy taxes, the political subdivision may levy
taxes in excess of the limitations in the amounts necessary to
meet its obligation under this chapter liability. The
expenditures authorized shall not be included in computing the
cost of government as defined in any home rule charter of any
city. The governing body of a municipality, for the purpose of
meeting its liabilities under this chapter, in the event of a
deficit, may issue its obligations payable in not more than two
years, in an amount that may cause its indebtedness to exceed
any statutory or charter limitations, without an election, and
may levy taxes in the manner provided in section 475.61.
Sec. 30. Minnesota Statutes 1998, section 268.053, is
amended to read:
268.053 [PAYMENT TO FUND BY NONPROFIT
CORPORATIONS ORGANIZATIONS.]
Subdivision 1. [ELECTION.] (a) Any nonprofit organization
that is determined to be an employer has employees in covered
employment shall pay taxes on a quarterly basis pursuant to
section 268.051 unless it elects to make payments in lieu of
taxes to the reemployment insurance fund the amount of benefits
charged to the employer's its employer account under section
268.047.
(1) Any nonprofit The organization may elect to become
liable for make payments in lieu of taxes for a period of not
less than two three calendar years beginning with the date that
the organization was determined to be an employer with covered
employment by filing a written notice of election with the
commissioner not later than 30 calendar days immediately
following after the date of the determination.
(2) (b) Any nonprofit organization that makes an election
will continue to be liable for payments in lieu of taxes until
it files with the commissioner a written notice terminating its
election not later than 30 calendar days prior to before the
beginning of the calendar year for which the termination shall
first is to be effective.
(c) A nonprofit organization that has been making payments
in lieu of taxes that files a notice of termination of election
shall be assigned the new employer tax rate under section
268.051, subdivision 5, for the calendar year of the termination
of election and until it qualifies for an experience rating
under section 268.051, subdivision 3.
(3) (d) Any nonprofit organization that has been paying
taxes may change elect to making make payments in lieu of taxes
by filing with the commissioner not later no less than 30
calendar days prior to before January 1 of any calendar year a
written notice of election to become liable for payments in lieu
of taxes. An election shall be allowed only if the nonprofit
organization has a zero experience rating and has no benefit
charges to its tax account that have not yet been used in
computing an experience rating under section 268.051,
subdivision 3. The election shall not be terminable by the
organization for that and the next calendar year.
(4) (e) The commissioner may for good cause extend the
period that a notice of election, or a notice of termination,
must be filed and may permit an election to be retroactive.
(f) The commissioner may allow a notice of election or
notice terminating election to be filed by mail or electronic
transmission.
(5) Subd. 2. [DETERMINATION AND APPEAL.] The commissioner
shall notify each nonprofit organization by mail or electronic
transmission of any determination of its status as an employer
with covered employment and of the effective date of any
election or termination of election. The determinations shall
be final unless a written an appeal is filed within 30 calendar
days after mailing sending of the determination. Proceedings on
the appeal shall be conducted in accordance with section 268.105.
(b) Subd. 3. [PAYMENTS.] (a) Payments in lieu of taxes, in
the amount of benefits charged to the employer's reimbursable
account, during a calendar quarter, shall be made on or before
the last day of the month next following the month in which that
the notice of benefits charged is mailed to the employer sent
pursuant to section 268.047, subdivision 5.
(c) (b) Past due payments in lieu of taxes shall be subject
to the same interest charges and collection procedures that
apply to past due taxes.
(d) (c) If any nonprofit organization is delinquent in
making payments in lieu of taxes, the commissioner may terminate
the organization's election to make payments in lieu of taxes as
of the beginning of the next calendar year, and the termination
shall be effective for that and the following calendar year. A
nonprofit organization that has its election terminated under
this paragraph shall be assigned the new employer tax rate under
section 268.051, subdivision 5, until the organization qualifies
for an experience rating under section 268.051, subdivision 3.
(e) Subd. 4. [APPLICATION.] For purposes of
this subdivision section, a nonprofit organization is an
organization, or group of organizations, described in United
States Code, title 26, section 501(c)(3) of the Internal Revenue
Code that is exempt from income tax under section 501(a) of the
code.
Sec. 31. Minnesota Statutes 1998, section 268.057,
subdivision 4, is amended to read:
Subd. 4. [COSTS.] Any employer which person that fails to
make and submit reports or pay any taxes or, payment in lieu of
taxes, or benefit overpayment, including interest and penalties,
when due is liable to the department for any filing fees,
recording fees, sheriff fees, costs incurred by referral to any
public or private collection agency outside the department, or
litigation costs incurred in the collection of the amounts
due or obtaining the reports.
If any check or money order, in payment of any amount due
under this chapter, is not honored when presented for payment,
the employer will be assessed a fee of $20 which is in addition
to any other fees provided by this chapter. The fee $25 shall
be assessed regardless of the amount of the check or money order
or the reason for nonpayment with the exception of processing
errors made by a financial institution.
Costs due under this subdivision collected shall be paid to
the department and credited to the administration fund account.
Sec. 32. Minnesota Statutes 1998, section 268.057,
subdivision 10, is amended to read:
Subd. 10. [PRIORITIES UNDER LEGAL DISSOLUTIONS OR
DISTRIBUTIONS.] In the event of any distribution of an
employer's assets pursuant to an order of any court under the
laws of this state, including any receivership, assignment for
benefit of creditors, adjudicated insolvency, composition, or
similar proceeding, taxes then or thereafter due shall be paid
in full prior to all other claims except claims for wages of not
more than $250 to each claimant $1,000 per former employee,
earned within six months of the commencement of the
proceedings. In the event of an employer's adjudication in
bankruptcy, judicially confirmed extension proposal, or
composition, under the federal Bankruptcy Act of 1898, as
amended law, taxes then or thereafter due shall be entitled
to such the priority as is provided in that act law for taxes
due any state of the United States.
Sec. 33. Minnesota Statutes 1998, section 268.058, is
amended to read:
268.058 [TAX AND PAYMENT IN LIEU OF TAXES LIEN, LEVY,
SETOFF, AND CIVIL ACTION.]
Subdivision 1. [LIEN.] (a) Any taxes, benefit
overpayments, or payments in lieu of taxes due under this
chapter and including interest and, penalties imposed with
respect thereto, and costs shall become a lien upon all the
property, within this state, both real and personal, of the
person liable therefor, from the date of assessment of the tax,
benefit overpayment, or payment in lieu of taxes. The term
"date of assessment" means the date a report was due or the
payment the obligation was due date of the notice of benefits
charged to a payment in lieu of taxes account.
(b)(1) The lien imposed by this section is not enforceable
against any purchaser, mortgagee, pledgee, holder of a Uniform
Commercial Code security interest, mechanic's lien, or judgment
lien creditor, until a notice of lien has been filed by the
commissioner in the office of with the county recorder of the
county in which where the property is situated, or in the case
of personal property belonging to an individual who is not a
resident of the state, or which is a corporation, partnership,
or other organization, a nonresident person in the office of the
secretary of state. When the filing of the notice of lien
is made in the office of filed with the county recorder, the fee
for filing and indexing shall be as prescribed provided in
sections 272.483 and 272.484.
(2) (c) Notices of liens, lien renewals, and lien releases,
in a form prescribed by the commissioner of economic security,
may be filed with the county recorder or the secretary of state
by mail, personal delivery, or by electronic transmission by the
commissioner or a delegate into the computerized filing system
of the secretary of state authorized under section 336.9-411.
The secretary of state shall, on any notice filed with that
office, transmit the notice electronically to the office of the
appropriate county recorder, if that is the place of filing, in
the county or counties shown on the computer entry. The filing
officer, whether the county recorder or the secretary of state,
shall endorse and index a printout of the notice in the same
manner as if the notice had been mailed or delivered.
(3) (d) County recorders and the secretary of state shall
enter information relative to on lien notices, renewals, and
releases filed in their offices into the central database of the
secretary of state. For notices filed electronically with the
county recorders, the date and time of receipt of the notice and
county recorder's file number, and for notices filed
electronically with the secretary of state, the secretary of
state's recording information, must be entered by the filing
officer into the central database before the close of the
working day following the day of the original data entry by the
department commissioner.
(c) (e) The lien imposed on personal property by this
section, even though properly filed, is not enforceable against
a purchaser with respect to of tangible personal property
purchased at retail or as against the personal property listed
as exempt in sections 550.37, 550.38, and 550.39.
(d) (f) A notice of tax lien filed pursuant to this section
has priority over any security interest arising under chapter
336, article 9, which that is perfected prior in time to the
lien imposed by this section subdivision, but only if:
(1) the perfected security interest secures property not in
existence at the time the notice of tax lien is filed; and
(2) the property comes into existence after the
45th calendar day following the day on which the notice of tax
lien is filed, or after the secured party has actual notice or
knowledge of the tax lien filing, whichever is earlier.
(e) (g) The lien imposed by this section shall be
enforceable from the time the lien arises and for ten years from
the date of filing the notice of lien. A notice of lien may be
renewed by the commissioner before the expiration of the
ten-year period for an additional ten years. The delinquent
employer must receive notice of the renewal.
(f) (h) The lien imposed by this section shall be
enforceable by levy as authorized in under subdivision 8 2 or by
judgment lien foreclosure as authorized in under chapter 550.
Subd. 2. [LIMITATION FOR HOMESTEAD PROPERTY.] (i) The lien
may be imposed by this section is a lien upon property defined
as homestead property in chapter 510. The lien but may be
enforced only upon the sale, transfer, or conveyance of the
homestead property.
(j) The commissioner may sell and assign to a third party
the commissioner's right of redemption in specific real property
for liens filed under this subdivision. The assignee shall be
limited to the same rights of redemption as the commissioner,
except that in a bankruptcy proceeding, the assignee does not
obtain the commissioner's priority. Any proceeds from the sale
of the right of redemption shall be credited to the contingent
account. Any sale shall be by written agreement signed by an
attorney who is a classified employee of the department
designated by the commissioner for that purpose.
Subd. 3. 2. [LEVY.] (a) If any tax or, payment in lieu of
taxes payable to the department, or benefit overpayment,
including interest, penalties, and costs, is not paid when due,
the amount may be collected by the commissioner, a duly
authorized representative, or by the sheriff of any county to
whom the commissioner has issued a warrant, who may by direct
levy upon all property and rights of property of the person
liable for the tax or payment in lieu of taxes, (amount due
except that which is exempt from execution pursuant to under
section 550.37), or property on which there is a lien provided
by subdivision 1. The terms "tax or payment in lieu of taxes"
shall include any penalty, interest, and costs. The term "levy"
includes the power of distraint and seizure by any
means. Before a levy is made or warrant issued, notice and
demand for payment of the amount due shall be given to the
person liable for the tax or payment in lieu of taxes at least
ten days prior to the levy or issuing of a warrant.
(b) Upon In addition to a direct levy, the commissioner
issuing may issue a warrant, to the sheriff of any county who
shall proceed within 60 calendar days to levy upon the property
or rights to property of the employer delinquent person within
the employer's county, except the homestead and household goods
of the employer and property of the employer not liable to
attachment, garnishment, or sale on any final process issued
from any court that exempt under the provisions of section
550.37, and. The sheriff shall sell so much thereof as is
required that property necessary to satisfy the tax, payment in
lieu of taxes, interest, and penalties total amount due,
together with the commissioner's and sheriff's costs. The sales
shall, as to their manner, be governed by the law applicable to
sales of like property on execution issued against property upon
of a judgment of a court of record. The proceeds of the sales,
less the sheriff's costs, shall be turned over to the
commissioner, who shall retain a part thereof as is required to
satisfy the tax, payment in lieu of taxes, interest, penalties,
and costs, and pay over any balance to the employer.
(c) Notice and demand for payment of the total amount due
shall be mailed to the delinquent person at least ten calendar
days prior to action being taken under paragraphs (a) and (b).
(c) (d) If the commissioner has reason to believe that
collection of the tax or payment in lieu of taxes amount due is
in jeopardy, notice and demand for immediate payment of the
amount may be made by the commissioner. If the tax or payment
in lieu of taxes total amount due is not paid, the commissioner
may proceed to collect by direct levy or issue a warrant without
regard to the ten-day ten calendar day period provided herein.
(d) (e) In making the execution of executing the levy and
in collecting the tax or payment in lieu of taxes due, the
commissioner shall have all of the powers provided in chapter
550 and in or any other law for purposes of effecting an that
provides for execution against property in this state. The sale
of property levied upon and the time and manner of
redemption therefrom shall be as provided in chapter 550. The
seal of the court, subscribed by the court administrator, as
provided in section 550.04, shall not be required. The levy for
collection of taxes or payments in lieu of taxes may be made
whether or not the commissioner has commenced a legal action for
collection of the amount.
(e) (f) Where a jeopardy assessment or any other assessment
has been made by the commissioner, the property seized for
collection of the tax or payment in lieu of taxes total amount
due shall not be sold until any determination of liability,
rate, or benefit charges has become final. No sale shall be
made unless the tax or payment in lieu of taxes remain a portion
of the amount due remains unpaid for a period of more than
30 calendar days after the determination of liability becomes
final. Seized property may be sold at any time if:
(1) the employer delinquent person consents in writing to
the sale; or
(2) the commissioner determines that the property is
perishable or may become greatly reduced in price or value by
keeping, or that the property cannot be kept without great
expense.
(f) (g) Where a levy has been made to collect taxes or
payments in lieu of taxes pursuant to this subdivision the
amount due and the property seized is properly included in a
formal proceeding commenced under sections 524.3-401 to
524.3-505 and maintained under full supervision of the court,
the property shall not be sold until the probate proceedings are
completed or until the court so orders.
(g) (h) The property seized shall be returned by the
commissioner if the owner:
(1) gives a surety bond equal to the appraised value of the
owner's interest in the property, as determined by the
commissioner, or
(2) deposits with the commissioner security in a form and
amount as the commissioner deems considers necessary to insure
payment of the liability, but not more than twice the liability.
(h) Notwithstanding any other law to the contrary, (i) If a
levy or sale pursuant to this section would irreparably injure
rights in property which that the court determines to be
superior to rights of the state in the property, the district
court may grant an injunction to prohibit the enforcement of the
levy or to prohibit the sale.
(i) (j) Any person who fails or refuses to surrender
without reasonable cause any property or rights to property
subject to levy upon demand by the commissioner shall be
personally liable to the department in an amount equal to the
value of the property or rights not so surrendered, but not
exceeding the amount of tax or payment in lieu of taxes for the
collection of which the levy has been made. Any amount
recovered under this subdivision shall be credited against the
tax or payment in lieu of taxes liability for the collection of
which the levy was made. The term "person" includes an officer
or employee of a corporation or a member or employee of a
partnership who, as an officer, employee, or member is under a
duty to surrender the property or rights to property or to
discharge the obligation due.
(j) Any action taken by the commissioner pursuant to this
subdivision shall not constitute an election by the department
to pursue a remedy to the exclusion of any other remedy.
(k) After If the commissioner has seized the property of
any person individual, that person individual may, upon giving
48 hours notice to the commissioner and to the court, bring a
claim for equitable relief before the district court for the
release of the property to the employer upon terms and
conditions as the court may deem considers equitable.
(l) Any person in control or possession of (or obligated
with respect to) property or rights to property subject to levy
upon which a levy has been made who, upon demand by the
commissioner, surrenders the property or rights to property, or
who pays a liability under this subdivision the amount due shall
be discharged from any obligation or liability to the person
liable for the payment of the delinquent tax or payment in lieu
of taxes amount due with respect to the property or rights to
property so surrendered or paid.
(m) Notwithstanding any other provisions of law to the
contrary, The notice of any levy authorized by this section may
be served personally or by mail or by delivery by an employee or
agent of the department.
(n) It shall be lawful for The commissioner to may release
the levy upon all or part of the property or rights to property
levied upon if the commissioner determines that the release will
facilitate the collection of the liability, but the release
shall not operate to prevent any subsequent levy. If the
commissioner determines that property has been wrongfully levied
upon, it shall be lawful for the commissioner to shall return:
(1) the specific property levied upon, at any time; or
(2) an amount of money equal to the amount of money levied
upon, at any time before the expiration of nine months from the
date of levy.
(o) Notwithstanding section 52.12, a levy by the
commissioner made pursuant to the provisions of this section
upon an employer's a person's funds on deposit in a financial
institution located in this state, shall have priority over any
unexercised right of setoff of the financial institution to
apply the levied funds toward the balance of an outstanding loan
or loans owed by the employer person to the financial
institution. A claim by the financial institution that it
exercised its right to setoff prior to the levy by the
commissioner must be substantiated by evidence of the date of
the setoff, and shall be verified by the sworn statement of a
responsible an affidavit from a corporate officer of the
financial institution. Furthermore, For purposes of determining
the priority of any levy made under this section subdivision,
the levy shall be treated as if it were an execution made
pursuant to under chapter 550.
Subd. 4. 3. [RIGHT OF SETOFF.] (a) Upon certification by
the commissioner to the commissioner of finance, or to any state
agency which that disburses its own funds, that an employer a
person has an uncontested delinquent tax or payment in lieu of
taxes a liability owed to the department under this chapter,
including interest, penalties, and costs, and that the state has
purchased personal services, supplies, contract services, or
property from said employer that person, the commissioner of
finance or the state agency shall apply to the delinquent tax or
payment in lieu of taxes liability funds set off and pay to the
commissioner an amount sufficient to satisfy the unpaid
liability from funds appropriated for payment of said the
obligation of the state or any of its agencies that are due and
owing the employer otherwise due the person. The credit shall
not be made against No amount shall be set off from any funds
exempt under section 550.37 or those funds owed due an
individual employer who receives assistance under chapter 256.
(b) All funds, whether general or dedicated, shall be
subject to setoff in the manner provided in this subdivision.
Transfer of funds in payment of the obligations of the state or
any of its agencies to an employer and any actions for the funds
shall be had against the commissioner on the issue of the tax or
payment in lieu of taxes liability. Nothing in this section
shall be construed to limit the previously existing right of the
state or any of its agencies to setoff.
Notwithstanding Regardless of any law to the contrary, the
commissioner shall have first priority to setoff from any funds
owed by otherwise due from the department to a
delinquent employer person.
Subd. 5. 4. [COLLECTION BY CIVIL ACTION.] (a) In addition
to all other collection methods authorized, if Any employer is
delinquent on any payment of taxes or, payment in lieu of taxes,
or benefit overpayment, including interest due thereon or,
penalties for failure to file a tax report and other reports as
required by this chapter or by any rule of the commissioner, the
amount due, or costs, may be collected by civil action in the
name of the state of Minnesota, and any money recovered shall be
credited to the funds provided for under those sections. Any
employer adjudged delinquent shall pay the costs of the action.
Civil actions brought under this subdivision shall be heard as
provided under section 16D.14. No action for the collection of
taxes, interest thereon, or penalties shall be commenced more
than six years after the taxes have been reported by the
employer or determined by the commissioner to be due and
payable. In any action, judgment shall be entered against any
employer in default for the relief demanded in the complaint
without proof, together with costs and disbursements, upon the
filing of an affidavit of default.
(b) Any employer person that is not a resident of this
state and any resident employer person removed from this state,
shall be considered to appoint the secretary of state as its
agent and attorney for the acceptance of process in any civil
action under this subdivision. In instituting an action against
any employer,. The commissioner shall file process with the
secretary of state, together with a payment of a fee of $15 and
that service shall be considered sufficient service upon the
employer, and shall have the same force and validity as if
served upon the employer personally within this state. The
commissioner shall send Notice of the service of process,
together with a copy of the process, shall be sent by certified
mail, to the employer at its person's last known address. The
commissioner's An affidavit of compliance with the provisions of
this section subdivision, and a copy of the notice of service
shall be appended to the original of the process and filed in
the court.
(c) No court filing fees, docketing fees, or release of
judgment fees may be assessed against the state for actions
pursuant to this subdivision.
Subd. 6. 5. [INJUNCTION FORBIDDEN.] No suit shall
lie injunction or other legal action to enjoin prevent the
assessment or collection of any tax or, payment in lieu of taxes
imposed by this chapter, or the, or benefit overpayment,
including interest and, penalties imposed thereby, and costs
shall be allowed.
Sec. 34. Minnesota Statutes 1998, section 268.0625, is
amended to read:
268.0625 [REEMPLOYMENT INSURANCE TAX CLEARANCES;
ISSUANCES REVOCATIONS OF BUSINESS LICENSES.]
Subdivision 1. [REEMPLOYMENT INSURANCE CLEARANCE
REQUIRED NOTICE OF DEBT TO LICENSING AUTHORITY.] The state of
Minnesota or a political subdivision of the state may not issue,
transfer, or renew, and must revoke a license for the conduct of
any profession, trade, or business, if the commissioner notifies
the licensing authority that the applicant licensee owes the
state delinquent taxes, payments in lieu of taxes, or benefit
overpayments. The commissioner may not notify the licensing
authority unless the applicant owes, including interest,
penalties, and costs, of $500 or more to the reemployment
insurance fund. A licensing authority that has received such a
notice from the commissioner may issue, transfer, renew, or not
revoke the applicant's license only if (a) the commissioner
issues a reemployment insurance tax clearance certificate; and
(b) the commissioner or the applicant forwards a copy of the
clearance to the licensing authority has received a copy of the
debt clearance certificate issued by the commissioner.
Subd. 2. [ISSUANCE OF DEBT CLEARANCE CERTIFICATE.] The
commissioner may issue a reemployment insurance tax a debt
clearance certificate only if:
(a) (1) the applicant does not owe the state licensee has
fully paid any delinquent taxes, payments in lieu of taxes, or
benefit overpayments, including interest, penalties, and costs;
or
(b) (2) the applicant licensee has entered into a payment
an agreement to liquidate the delinquent taxes, payments in lieu
of taxes, or benefit overpayments pay the total amount due and
is current with all the terms of that payment agreement.
Subd. 3. [DEFINITION.] For the purposes of this
section, "applicant" "licensee" means:
(a) (1) an individual if the license is issued to or in the
name of an individual, or the corporation, limited liability
company, or partnership if the license is issued to or in the
name of a corporation, limited liability company, or
partnership; or
(b) (2) an officer of a corporation, manager of a limited
liability company, or a member of a partnership, or an
individual who is liable for the delinquent taxes, payments in
lieu of taxes, or benefit overpayments, either for the
entity for which that the license is at issue or for another
entity for which that the liability was incurred, or personally
as a licensee. In the case of a license transfer, "applicant"
means "Licensee" includes both the transferor and the transferee
of the license. "Applicant" also means and any holder of a
license.
Subd. 3. 4. [NOTICE AND RIGHT TO HEARING.] At least
30 calendar days before the commissioner notifies a licensing
authority pursuant to subdivision 1, a notice and demand for
payment of the amount due of action under this section shall be
given mailed to the applicant licensee. If the
applicant licensee disputes the amount due action,
the applicant licensee must request a hearing in writing appeal
within 30 calendar days after the mailing of the notice and
demand for payment to the applicant's licensee's last known
address. The only issue on any appeal is whether the
commissioner has complied with the requirements of this
section. Proceedings on the appeal of the amount due shall be
conducted in accordance with section 268.105.
Subd. 4. 5. [LICENSING AUTHORITY; DUTIES.] Upon request of
the commissioner, the licensing authority must shall provide the
commissioner with a list of all applicants licensees, including
the name, address, business name and address, social security
number, and business identification number of each applicant.
The commissioner may request from a licensing authority a list
of the applicants licensees no more than once each calendar year.
Notwithstanding Regardless of section 268.19, the commissioner
may release information necessary to accomplish the purpose of
this section.
Subd. 5. [OTHER REMEDIES.] Any action taken by the
commissioner pursuant to this section is not an election by the
commissioner to pursue a remedy to the exclusion of any other
remedy.
Sec. 35. Minnesota Statutes 1998, section 268.064, is
amended to read:
268.064 [LIABILITY OF SUCCESSOR FOR DEBTS UPON
ACQUISITION.]
Subdivision 1. [ACQUISITION OF ORGANIZATION, TRADE, OR
BUSINESS, OR ASSETS.] Any individual or organization, whether or
not an employer, which person who acquires all or part of the
organization, trade, or business or all or part of the assets
thereof from an employer, is jointly and severally liable, in an
amount not to exceed the reasonable value of that part of the
organization, trade, or business or assets acquired, for the
taxes due and unpaid by the employer, and. The amount of
liability shall, in addition, be a lien against the property or
assets so acquired which and shall be prior to all other
unrecorded liens. This subdivision section does not apply to
sales in the normal course of the employer's business.
Subd. 2. [REASONABLE VALUE.] The commissioner, upon the
commissioner's own motion or upon application of the potential
successor acquiring person, shall determine the reasonable value
of the organization, trade, or business or assets acquired by
the successor based on available information. The determination
shall be final unless the successor acquiring person, within 30
calendar days after the sending of being sent the determination
to the successor by mail or electronic transmission, files an
appeal. Proceedings on the appeal shall be conducted in
accordance with section 268.105.
Subd. 3. [STATEMENT OF AMOUNT DUE.] Prior to the date of
acquisition, the commissioner shall furnish the potential
successor acquiring person with a written statement of the
predecessor's taxes due and unpaid, on record as of the date of
issuance, only upon the written request of the
potential successor acquiring person and the written release of
the predecessor obligor. No release is required after the date
of acquisition.
Subd. 4. [ADDITIONAL REMEDY.] The remedy provided by this
section is in addition to all other existing remedies against
the employer or a successor and is not an election by the
department to pursue this remedy to the exclusion of any other
remedy.
Sec. 36. Minnesota Statutes 1998, section 268.065, is
amended to read:
268.065 [LIABILITY OF THIRD PARTIES TO ASSURE PAYMENT OF
AMOUNTS DUE FROM CONTRACTORS, SUBCONTRACTORS, AND EMPLOYEE
LEASING FIRMS.]
Subdivision 1. [CONTRACTORS SUBCONTRACTORS.] A contractor,
who is or becomes an employer under this chapter, who contracts
with any subcontractor, who is or becomes an employer under this
chapter, shall guarantee the payment of all the taxes, interest,
penalties, and collection costs which that are due or become due
from the subcontractor with respect to taxable wages paid for
employment on the contract by:
(a) (1) withholding sufficient money on the contract; or
(b) (2) requiring the subcontractor to provide a good and
sufficient bond guaranteeing the payment of all taxes, interest,
penalties, and collection costs which that may become due.
The contractor may make a written request for verification
that the subcontractor has paid the taxes due 60 calendar days
after the due date for filing the tax report that includes the
final wages paid for services employment performed under the
contract. If department records show that the subcontractor has
paid the taxes for the period covered by the contract,
the department commissioner may release the contractor from its
liability under this subdivision.
The words "contractor" and "subcontractor" include
individuals, partnerships, firms, or corporations, or other
association of persons engaged in the construction industry.
Subd. 2. [EMPLOYEE LEASING FIRMS.] A person whose work
force consists of 50 percent or more of workers provided by
employee leasing firms, is directly jointly and severally liable
for the payment of all the unpaid taxes, penalties, interest,
and collection costs which that are due or become due from on
the wages paid for employment on the contract, unless the
contract requires with the employee leasing firm to provide a
good and sufficient bond guaranteeing the payment of all taxes,
penalties, interest, and collection costs which may become due.
"Employee leasing firm" means an employer that provides its
employees to other firms, persons, and employers without
severing its employer-employee relationship with the worker for
the services performed for the lessee.
Subd. 3. [DETERMINATION OF LIABILITY.] An official
designated by The commissioner shall make an initial a
determination as to the liability under this section. The
determination shall be final unless the contractor or person
found to be liable files a written an appeal within 30 calendar
days after mailing of notice of being sent the determination to
the person's last known address by mail or electronic
transmission. Proceedings on the appeal shall be conducted in
accordance with section 268.105.
Sec. 37. Minnesota Statutes 1998, section 268.067, is
amended to read:
268.067 [COMPROMISE AGREEMENTS.]
(a) The commissioner may compromise in whole or in part any
action, determination, or decision that affects only an employer
and not a claimant, and that has become final occurred during
the prior 24 months.
(b) The commissioner may at any time compromise delinquent
employer taxes, payments in lieu of taxes, interest, penalties,
and costs.
(c) Any compromise under paragraphs (a) and (b) shall be by
written agreement order signed by the employer and the
commissioner.
The commissioner shall enter into a compromise agreement
only if it is in the best interest of the state of Minnesota.
The agreement must set forth the reason and all the terms. The
agreement must be approved by an attorney who is a regularly
salaried classified employee of the department and who has been
designated by the commissioner for that purpose.
(d) Any compromise order must set out all the terms and the
reason for the order and must be in the best interest of the
state of Minnesota.
Sec. 38. [268.0675] [NO ELECTION OF REMEDY.]
Use of any remedy under this chapter for the collection of
any delinquent taxes, payments in lieu of taxes, or benefit
overpayment, including penalties, interest, and costs, shall not
constitute an election of remedy to the exclusion of any other
available remedy.
Sec. 39. Minnesota Statutes 1998, section 268.068, is
amended to read:
268.068 [NOTICE TO WORKERS.]
Each employer shall post and maintain printed statements of
an individual's right to apply for reemployment insurance
benefits in places readily accessible to individuals workers in
the employer's service. Such The printed statements must shall
be supplied by the commissioner at no cost to an employer.
Sec. 40. Minnesota Statutes 1998, section 268.069, is
amended to read:
268.069 [PAYMENT OF BENEFITS.]
Subdivision 1. [REQUIREMENTS.] (a) The commissioner shall
pay reemployment insurance benefits from the Minnesota
reemployment insurance fund to a claimant who has met each of
the following requirements:
(1) the claimant has filed an application for benefits and
established a reemployment insurance benefit account in
accordance with section 268.07;
(2) the claimant is not subject to a disqualification from
benefits under section 268.095;
(3) the claimant has met all of the ongoing weekly
eligibility requirements under section 268.08 sections 268.085
and 268.086; and
(4) the claimant does not have an outstanding overpayment
of benefits, including any penalties or interest, under section
268.18; and
(5) the claimant is not subject to a denial of benefits
under section 268.182.
Subd. 2. [BENEFITS PAID FROM STATE FUNDS.] (b) Benefits
are paid from state funds and shall not be considered paid from
any special insurance plan, nor as paid by an employer. An
application for benefits shall not be considered a claim against
an employer but shall be considered a request for benefits from
the fund. The commissioner shall determine has the
responsibility for the proper payment of benefits regardless of
the level of interest or participation by a claimant or an
employer in any determination or appeal. A claimant's
entitlement to benefits shall be determined based upon that
information available without regard to any common law burden of
proof, and any agreement between a claimant and an employer
shall not be binding on the commissioner in determining a
claimant's entitlement. Any obligation on an employer as a
result of benefits charged to the employer is to the fund only.
There shall be no presumption of entitlement or nonentitlement
to benefits.
Subd. 3. [COMMON LAW.] There shall be no equitable or
common law denial or allowance of benefits.
Sec. 41. Minnesota Statutes 1998, section 268.07, is
amended to read:
268.07 [REEMPLOYMENT INSURANCE BENEFIT ACCOUNT.]
Subdivision 1. [APPLICATION FOR BENEFITS; DETERMINATION OF
BENEFIT ACCOUNT.] (a) An application for reemployment insurance
benefits may be made filed in person, by mail, by telephone, or
by electronic transmission as the commissioner shall
require. The commissioner may by rule adopt other requirements
for an application. The claimant must provide all requested
information in the manner required. If the claimant fails to
provide all requested information, the communication shall not
be considered an application for benefits.
(b) The commissioner shall promptly examine each
application for benefits to determine the base period, the
benefit year, the weekly benefit amount payable available, if
any, and the maximum amount of benefits payable available, if
any. The determination shall be known as the determination
of reemployment insurance benefit account. A determination
of reemployment insurance benefit account must shall
be promptly sent to the claimant and all base period employers,
by mail or electronic transmission.
(c) If a base period employer failed to did not provide
wage information for the claimant as required provided for in
section 268.044, the commissioner shall accept a claimant
certification as to wage credits, based upon the claimant's
records, and issue a determination of reemployment insurance
benefit account.
(d)(1) The commissioner may, at any time within 24 months
from the establishment of a reemployment insurance benefit
account, reconsider any determination of reemployment
insurance benefit account and make a redetermination if the
commissioner finds that the determination was incorrect for any
reason. A redetermination of reemployment insurance account
shall be promptly sent to the claimant and all base period
employers, by mail or electronic transmission.
(2) If a redetermination of reemployment insurance benefit
account reduces the weekly benefit amount or maximum amount of
benefits payable available, any benefits that have been paid
greater than the claimant was redetermined entitled is
considered an overpayment subject to of benefits under section
268.18, subdivision 1.
Subd. 2. [BENEFIT ACCOUNT REQUIREMENTS AND WEEKLY BENEFIT
AMOUNT AND MAXIMUM AMOUNT OF BENEFITS.] (a) To establish
a reemployment insurance benefit account, a claimant must have:
(1) wage credits in two or more calendar quarters of the
claimant's base period;
(2) minimum total wage credits equal to or greater than the
high quarter wage credits multiplied by 1.25;
(3) high quarter wage credits of not less than at
least $1,000; and
(2) wage credits, in other than the high quarter, of at
least $250.
(b) If the commissioner finds that a claimant has
established a reemployment insurance benefit account, the weekly
benefit amount payable available during the claimant's benefit
year shall be the higher of:
(1) 50 percent of the claimant's average weekly wage during
the claimant's base period, to a maximum of 66-2/3 percent of
the state's average weekly wage; or
(2) 50 percent of the claimant's average weekly wage during
the high quarter, to a maximum of the higher of $331 or 50
percent of the state's average weekly wage.
The claimant's average weekly wage under clause (1) shall
be computed by dividing the claimant's total wage credits by
52. The claimant's average weekly wage under clause (2) shall
be computed by dividing the claimant's high quarter wage credits
by 13.
(c) The state's maximum weekly benefit amount and the
claimant's weekly benefit amount and maximum amount of benefits
shall be computed to rounded down to the nearest next lowest
whole dollar.
(d) The maximum amount of benefits payable available on any
reemployment insurance benefit account shall equal one-third be
33-1/3 percent of the claimant's total wage credits rounded to
the next lower dollar, not to exceed to a maximum of 26 times
the claimant's weekly benefit amount.
Subd. 3. [SECOND BENEFIT ACCOUNT REQUIREMENTS.] To
establish a second reemployment insurance benefit account
following the expiration of a benefit year on a
prior reemployment insurance benefit account, a claimant must
have sufficient wage credits to establish a reemployment
insurance benefit account under subdivision 2 and must have
performed services in covered employment after the effective
date of the prior reemployment insurance benefit account. The
wages paid for that employment must equal not less than eight
times the weekly benefit amount of the prior reemployment
insurance benefit account. A reemployment insurance benefit
account established sufficiently in advance of
anticipated unemployment loss of employment to make the
limitations of this subdivision ineffective shall not be
allowed. The purpose of this subdivision is to prevent a
claimant from establishing more than one reemployment insurance
benefit account as a result of one separation from loss of
employment.
Subd. 3a. [RIGHT OF APPEAL.] (a) A determination or
redetermination of a reemployment insurance benefit account
shall be final unless a claimant or base period employer within
30 calendar days after the sending of the determination or
redetermination files an appeal. Every determination or
redetermination of a reemployment insurance benefit account
shall contain a prominent statement indicating in clear language
the method of appealing, the time within which the appeal must
be made, and the consequences of not appealing. Proceedings on
the appeal shall be conducted in accordance with section 268.105.
(b) Any claimant or base period employer may appeal from a
determination or redetermination of a reemployment insurance
benefit account on the issue of whether services performed
constitute employment and covered employment. Proceedings on
the appeal shall be conducted in accordance with section 268.105.
Subd. 3b. [LIMITATIONS.] (a) A reemployment insurance
benefit account shall be established effective the Sunday of the
calendar week that the application for reemployment insurance
benefits was made filed. If an individual attempted to make
file an application for a reemployment insurance
account benefits, but was prevented from making filing an
application by the department, the reemployment insurance
benefit account shall be established effective the Sunday of the
calendar week the individual first attempted to make file an
application.
(b) A reemployment insurance benefit account, once
established, may later be withdrawn and only if:
(1) a new application for benefits is filed and a new
benefit account is established only if at the time of the
withdrawal; and
(2) the claimant has not been credited with served a
waiting week under section 268.085, subdivision 1, clause (3).
A determination or amended determination pursuant to
section 268.101, that was issued before the withdrawal of
the reemployment insurance benefit account, shall remain in
effect and shall not be voided by the withdrawal of
the reemployment insurance benefit account. A determination of
disqualification requiring subsequent earnings to satisfy the
disqualification under section 268.095, subdivision 10, shall
apply to the weekly benefit amount on the new benefit account.
(c) A reemployment insurance account shall not be
established An application for benefits shall not be allowed
prior to the Sunday following the expiration of the benefit year
on a prior reemployment insurance benefit account. Except as
allowed under paragraph (b), a claimant may establish only one
benefit account each 52 calendar weeks.
(d) All benefits shall be payable available from the fund
only for weeks occurring during the claimant's benefit year.
Sec. 42. Minnesota Statutes 1998, section 268.085, is
amended to read:
268.085 [ELIGIBILITY REQUIREMENTS.]
Subdivision 1. [ELIGIBILITY CONDITIONS.] A claimant shall
be eligible to receive benefits for any week in the claimant's
benefit year only if:
(1) the claimant has made an active benefit account and has
filed a continued claim request for benefits in person, by mail,
by telephone, or by electronic transmission as the commissioner
shall require. The commissioner may by rule adopt other
requirements for a continued claim for that week pursuant to
section 268.086;
(2) the claimant was able to work and was available for
employment, and was actively seeking suitable employment. The
claimant's weekly benefit amount shall be reduced one-fifth for
each day the claimant is unable to work or is unavailable for
employment.
Benefits shall not be denied by application of This clause
shall not apply to a claimant who is in reemployment assistance
training with the approval of the commissioner.
A The requirement that the claimant serving as a juror
shall be considered as available for employment and actively
seeking suitable employment on shall not apply each day the
claimant is on jury duty;
(3) the claimant has served a waiting period of one week
that the claimant is otherwise entitled to some amount of
benefits. This clause shall not apply if the claimant would
have been entitled to federal disaster unemployment assistance
because of a disaster in Minnesota, but for the claimant's
establishment of a reemployment insurance benefit account under
section 268.07; and
(4) the claimant has been participating in reemployment
assistance services, such as job search assistance services and
resume writing classes, if the claimant has been
determined likely to exhaust benefits and in need of
reemployment assistance services pursuant to a profiling system
established by the commissioner, unless there is justifiable
good cause for the claimant's failure to participate.
Subd. 2. [NOT ELIGIBLE.] A claimant shall not be eligible
to receive benefits for any week:
(1) that occurs before the establishment effective date of
a reemployment insurance benefit account;
(2) that occurs in a period when the claimant is a student
in attendance at, or on vacation from a secondary
school including the period between academic years or terms;
(3) that the claimant is incarcerated or performing court
ordered community service. The claimant's weekly benefit amount
shall be reduced by one-fifth for each day the claimant is
incarcerated or performing court ordered community service;
(4) that the claimant is on a voluntary leave of absence,
including a requested period of paid or unpaid vacation. A
leave of absence is voluntary when work, that the claimant can
perform, is available with the claimant's employer, but the
claimant chooses not to work. A claimant unemployed who is not
working as a result of a vacation period assigned by an employer
under: (i) a uniform vacation shutdown, (ii) a collective
bargaining agreement, or (iii) an established employer policy,
shall not be considered on a voluntary leave of
absence ineligible under this clause;
(5) that the claimant is performing services 32 hours or
more, in employment, covered employment, noncovered employment,
or self-employment, or volunteer work regardless of the amount
of any earnings; or
(6) with respect to which the claimant is receiving, has
received, or has filed a claim an application for reemployment
insurance benefits under any federal law or the law of any other
state, or the federal government, but not including any federal
or state benefits that are merely supplementary to those
provided for under this chapter; provided that. If the
appropriate agency finally determines that the claimant is not
entitled to the benefits, this clause shall not apply.
Subd. 3. [DEDUCTIBLE PAYMENTS.] (a) A claimant shall not
be eligible to receive benefits for any week with respect to
which the claimant is receiving, has received, or has filed a
claim for payment in an amount equal to or in excess of the
claimant's weekly benefit amount in the form of:
(1) termination, a severance, or dismissal payment or wages
in lieu of notice whether legally required or not. This clause
shall apply to the first four weeks of payment and to one-half
of the total number of any additional weeks of payment. This
clause shall be applied to the period immediately following the
last day of employment. The number of weeks of payment shall be
determined as follows:
(i) if the payments are made periodically, the total of the
payments to be received shall be divided by the claimant's last
level of regular weekly pay from the employer; or
(ii) if the payment is made in a lump sum, that sum shall
be divided by the claimant's last level of regular weekly pay
from the employer;
(2) vacation allowance pay, paid directly by the an
employer for a period of requested vacation, including vacation
periods assigned by the employer under: (i) a collective
bargaining agreement, (ii) established employer policy, or (iii)
uniform vacation shutdown; or
(3) compensation for loss of wages under the workers'
compensation law of this state or any other state or under a
similar law of the United States, or compensation for loss of
wages under any other insurance or fund established and paid for
in whole or in part by the an employer; or
(4) pension, retirement, or annuity payments from any plan
contributed to by a base period employer including the United
States government, except social security benefits as which are
provided for in subdivision 4. The base period employer
contributed to the plan if the contribution is excluded from the
definition of wages under section 268.035, subdivision 29,
clause (1), or United States Code, title 26, section 3121,
clause (2), of the Federal Insurance Contribution Act.
If the claimant receives a lump sum pension payment, that
sum shall be divided by the claimant's last level of regular
weekly pay to determine the number of weeks of payment. The
number of weeks of payment shall be applied to the period
immediately following the last day of employment. A claimant
shall not be considered to have received the lump sum payment if
the claimant immediately deposits that payment in a qualified
pension plan or account; or
(5) holiday pay or sick pay, paid directly by an employer.
(b) If the deductible payment under this subdivision is
less than the claimant's weekly benefit amount, the claimant
shall be entitled to receive for that week, if otherwise
eligible, benefits shall be reduced by the amount of the payment
; provided, further, that. If the computation of reduced
benefits is not a whole dollar, it shall be rounded down to the
next lowest dollar.
(c) If the appropriate agency of this state or any other
state or the federal government finally determines that the
claimant is not entitled to payments, this subdivision shall not
apply. If the computation of reduced benefits is not a whole
dollar, it shall be rounded down to the next lower dollar.
Subd. 4. [SOCIAL SECURITY BENEFITS.] (a) Any claimant aged
62 or over shall be required to state at the time of making when
filing an application for a reemployment insurance account
benefits and when making filing continued claims requests for
benefits whether the claimant is receiving, has filed for, or
intends to file for, primary social security old age or
disability benefits for any week during the benefit year, and if
so.
(b) There shall be deducted from the a claimant's weekly
benefit amount otherwise payable for that week, 50 percent of
the weekly equivalent of the primary social security old age
benefit the claimant has received, has filed for, or intends to
file for, with respect to that week.
(b) In addition to paragraph (a), (c) a claimant shall be
ineligible for benefits for any week with respect to which the
claimant is receiving, has received, or has filed a claim for
primary social security disability benefits, unless the social
security administration has approved the payment of disability
benefits while the claimant was employed.
(d) Information from the Social Security Administration
shall be considered conclusive, absent specific evidence showing
that the information was erroneous.
(c) (e) Any claimant who receives primary social security
old age or disability benefits, that would cause the claimant to
be ineligible under this subdivision, for weeks periods that the
claimant received has been paid reemployment insurance benefits
shall be considered overpaid those reemployment insurance
benefits under section 268.18, subdivision 1.
Subd. 5. [DEDUCTIBLE EARNINGS.] (a) If the claimant has
earnings, including holiday pay, with respect to any week, from
employment, covered employment, noncovered employment,
self-employment, or volunteer work, equal to or in excess of the
claimant's weekly benefit amount, the claimant shall be
ineligible for benefits for that week.
(b) If the claimant has earnings, including holiday pay,
with respect to any week, that is less than the claimant's
weekly benefit amount, from employment, covered employment,
noncovered employment, self-employment, or volunteer work, that
is less than the claimant's weekly benefit amount, that amount
over the following shall be deducted from the claimant's weekly
benefit amount:
(1) that amount in excess of $50 if the claimant's earnings
were $200 or less, and that amount in excess of 25 percent of
the claimant's earnings if those earnings were more than $200 or
$50, whichever is higher; and
(2) that amount in excess of $200 for earnings from service
in the National Guard or a United States military reserve unit.
The resulting benefit, if not a whole dollar, shall be
rounded to the next lower dollar.
(c) No deduction shall be made from a claimant's weekly
benefit amount for earnings from service as a volunteer
firefighter or volunteer ambulance service personnel. No
deduction shall be made for jury duty pay.
(d) The claimant may report deductible earnings on
continued claims requests for benefits at the nearest whole
dollar amount.
(e) Earnings shall not include any money considered a
deductible payment under subdivision 3, but shall include all
other money considered wages and any other money considered
earned income under state and federal law for income tax
purposes.
Subd. 6. [RECEIPT OF BACK PAY.] (a) Back pay received by a
claimant with respect to any weeks week occurring in the 104
weeks prior to the payment of the back pay shall be deducted
from benefits paid for those weeks that week.
The amount deducted shall not reduce the benefits that the
claimant is otherwise eligible for that week below zero. If the
amount of benefits after the deduction of back pay is not a
whole dollar amount, it shall be rounded to the next lower
dollar.
If an arbitration award, administrative or judicial
decision, or negotiated settlement that provides for back pay
does not specify the period with respect to which it is paid,
the back pay shall be applied to the period immediately
following the last day of employment.
(b) If the back pay awarded the claimant is reduced by the
amount of benefits that have been paid, the amounts amount of
back pay withheld shall be:
(a) (1) paid by the employer into to the fund within 30
calendar days of the award and are subject to the same
collection procedures that apply to past due taxes under this
chapter;
(b) (2) applied to benefit overpayments resulting from the
payment of the back pay; and
(c) (3) credited to the claimant's maximum amount of
benefits payable available to the claimant in a benefit year
that includes the weeks for which back pay was deducted.
Benefit (c) Charges for those weeks to the employer's tax
or reimbursable account under section 268.047 for benefits paid
the claimant shall be removed from the employer's account as of
in the calendar quarter that the fund receives payment.
(d) Payments to the fund under this subdivision shall be
considered as made by the claimant.
Subd. 7. [SCHOOL EMPLOYEES.] (a) No wage credits in any
amount from any employment with any educational institution or
institutions earned while in an instructional, research, or
principal administrative any capacity may be used for benefit
purposes for any week beginning during a the period between two
successive academic years or terms, or during a period between
two regular but not successive terms, if:
(1) the claimant had employment in any instructional,
research, or principal administrative capacity for any
educational institution or institutions in the first of the
prior academic years year or terms term; and
(2) there is a contract or a reasonable assurance that the
claimant will have employment in any instructional, research, or
principal administrative capacity for any educational
institution or institutions in the second of the following
academic years year or terms term, that is not substantially
similar to less favorable than the employment of the first prior
academic years year or terms; term.
(b) With respect to employment in any capacity other than
those described in paragraph (a), including educational
assistants, benefits shall not be paid based upon wage credits
from any educational institution or institutions for any week
beginning during a period between two successive academic years
or terms if the claimant was employed in the first academic year
or term by any educational institution or institutions and there
is reasonable assurance that the claimant will be employed under
similar terms and conditions by any educational institution or
institutions in the second academic year or term.
(b) Paragraph (a) shall not apply to a claimant who has, at
the end of the prior academic year or term, had an agreement for
a definite period of employment between academic years or
terms shall be eligible for any weeks within that period in
other than an instructional, research, or principal
administrative capacity and the educational institution or
institutions fail failed to provide that employment.
(c) If benefits are denied to any claimant under this
paragraph (a) who was employed in the prior academic year or
term in other than an instructional, research, or principal
administrative capacity and the claimant who was not offered an
opportunity to perform the employment in the second of the
following academic years year or term, the claimant shall be
entitled to retroactive benefits for each week during the period
between academic years or terms that the claimant filed a timely
continued claim request for benefits, but benefits were denied
solely because of this paragraph; (a).
(c) With respect to employment described in
(d) An educational assistant shall not be considered to be
in an instructional, research, or principal administrative
capacity.
(e) Paragraph (a) or (b), benefits based upon wage credits
from any educational institution or institutions shall not be
paid for any week beginning during an established and
customary apply to any vacation period or holiday recess if the
claimant was employed in the period immediately before the
vacation period or holiday recess, and there is a reasonable
assurance that the claimant will be employed in the period
immediately following the vacation period or holiday recess;.
(d) Paragraphs (a), (b), and (c) (f) This subdivision shall
apply to employment with an educational service agency if the
claimant performed the services at an educational institution or
institutions. For purposes of this paragraph, "Educational
service agency" means a governmental agency or entity
established and operated exclusively for the purpose of
providing services to one or more educational institutions;
(e) Paragraphs (a) to (d). This subdivision shall also
apply to employment with Minnesota or a political subdivision,
or a nonprofit organization, if the services are provided to or
on behalf of an educational institution or institutions.
(f) (g) Paragraphs (a), (b), and (c) (e) shall apply
beginning the Sunday of the week that there is a contract or
reasonable assurance of employment.
(g) (h) Employment with multiple education institutions
shall be aggregated for purposes of application of this
subdivision.
(h) (i) If all of the claimant's employment with any
educational institution or institutions during the prior
academic year or term consisted of on-call employment, and the
claimant has a reasonable assurance of any on-call employment
with any educational institution or institutions for the
following academic year or term, it shall not be considered
substantially less favorable employment.
(j) Paragraph (a) shall also apply to the period between
two regular but not successive terms.
(k) A "reasonable assurance" may be written, oral, implied,
or established by custom or practice.
(l) An "educational institution" is an educational entity
operated by Minnesota or a political subdivision or an
instrumentality thereof, or an educational organization
described in United States Code, title 26, section 501(c)(3) of
the federal Internal Revenue Code, and exempt from income tax
under section 501(a).
Subd. 8. [SERVICES FOR SCHOOL CONTRACTORS.] Wage credits
from an employer are subject to subdivision 7, paragraphs (b)
and (c), if:
(1) the employment was provided pursuant to a contract
between the employer and an educational institution elementary
or secondary school; and
(2) the contract was for services that the educational
institution elementary or secondary school could have had
performed by its employees; and
(3) the claimant was notified in writing of the provisions
of this subdivision prior to or at the time of beginning the
employment.
Subd. 9. [BUSINESS OWNERS.] Wage credits from an employer
may not be used for benefit purposes by any claimant who:
(1) individually, jointly, or in combination with the
claimant's spouse, parent, or child owns or controls directly or
indirectly 25 percent or more interest in the employer, or is
the spouse, parent, or minor child of any individual who owns or
controls directly or indirectly 25 percent or more interest in
the employer; and
(2) is not permanently separated from employment.
This subdivision is effective when the claimant has been
paid four times the claimant's weekly benefit amount in the
current benefit year.
Subd. 10. [SEASONAL RECREATIONAL OR TOURIST INDUSTRY
EMPLOYMENT.] (a) If a claimant has wage credits from seasonal
recreational or tourist industry employment, benefits shall
be payable available only if the claimant can establish
a reemployment insurance benefit account under section 268.07,
subdivision 2, excluding the wage credits from seasonal
recreational or tourist industry employment. For purposes of
This subdivision, "seasonal employment" means applies only to
employment with a single employer in the recreation or tourist
industry that is available with the employer for 15 consecutive
weeks or less each calendar year.
(b) Wage credits from seasonal recreational or tourist
industry employment may not be used for benefit purposes during
weeks outside the normal employment season.
Subd. 11. [PROFESSIONAL ATHLETES AND COACHES.] Benefits
shall not be paid to a claimant on the basis of any wage credits
from employment that substantially consists of coaching or
participating in sports or athletic events or training or
preparing to participate for any week that begins during the
period between two successive sport seasons, (or similar periods
), if:
(1) the claimant was so employed in the first prior season
(or similar period), and
(2) there is a reasonable assurance that the claimant will
be so employed in the following season (or similar
periods) period.
Subd. 12. [ALIENS.] (a) An alien shall be ineligible for
benefits for any week the alien is not authorized to work in the
United States under federal law. Information from the
Immigration and Naturalization Service shall be considered
conclusive, absent specific evidence that the information was
erroneous.
(b) Benefits shall not be paid on the basis of wage credits
earned by an alien unless the alien (1) was lawfully admitted
for permanent residence at the time of the employment, (2) was
lawfully present for the purposes of the employment, or (3) was
permanently residing in the United States under color of law at
the time of the employment including section 212(d)(5) of the
Immigration and Nationality Act.
(c) Any data or information required of claimants applying
for benefits to determine eligibility because of their alien
status shall be uniformly required from all claimants.
Subd. 13. [SUSPENSION FROM EMPLOYMENT.] (a) A claimant who
has been suspended from employment without pay for 30 calendar
days or less, as a result of employment misconduct as defined
under section 268.095, subdivision 6, shall be ineligible for
benefits beginning the Sunday of the week that the claimant was
suspended and continuing for the duration of the suspension.
(b) A suspension from employment without pay for more than
30 calendar days shall be considered a discharge from employment
under section 268.095, subdivision 5.
(c) A suspension from employment with pay, regardless of
duration, shall not be considered a separation from employment
and the claimant shall be ineligible for benefits for the
duration of the suspension with pay.
Subd. 14. [ABLE TO WORK DEFINED.] "Able to work" means a
claimant has the physical and mental ability to perform the
usual duties of the claimant's customary occupation or the usual
duties of other suitable employment.
Subd. 15. [AVAILABLE FOR EMPLOYMENT DEFINED.] (a)
"Available for employment" means a claimant is ready and willing
to accept employment in the labor market area. The attachment
to the work force must be genuine. There must be no
restrictions, either self-imposed or created by circumstances,
temporary or permanent, that prevent accepting employment.
(b) To be considered "available for employment," a student
must be willing to quit school to accept employment that would
conflict with school attendance.
(c) A claimant who is absent from the labor market area for
personal reasons, other than to search for work, is not
"available for employment."
(d) A claimant who has restrictions on the hours of the day
or days of the week that the claimant can or will work, that are
not normal for the claimant's usual occupation or other
employment, is not "available for employment." A claimant whose
usual occupation is normally performed during the daytime must
be available for daytime work even though the claimant
customarily worked the night shift.
(e) A claimant must have transportation throughout the
labor market area to be considered "available for employment."
Subd. 16. [ACTIVELY SEEKING SUITABLE EMPLOYMENT DEFINED.]
(a) "Actively seeking suitable employment" means those
reasonable, diligent efforts an individual in similar
circumstances would make if genuinely interested in obtaining
suitable employment under the existing conditions in the labor
market area. Limiting the search to positions that are not
available or are above the claimant's training, experience, and
qualifications is not "actively seeking suitable employment."
(b) To be considered "actively seeking suitable employment"
a claimant shall, when reasonable, contact those employers from
whom the claimant was laid off due to lack of work and request
suitable employment.
(c) If reasonable prospects of suitable employment in the
claimant's usual or customary occupation do not exist, the
claimant must actively seek other suitable employment to be
considered "actively seeking suitable employment." This applies
to a claimant who is seasonally unemployed.
(d) A claimant who is seeking employment only through a
union is not actively seeking suitable employment unless the
claimant is in an occupation where it is required by union rule
that all the hiring in that locality is done through the union.
The claimant must be a union member in good standing, registered
with the union for employment, and in compliance with other
union rules to be considered "actively seeking suitable
employment."
Sec. 43. [268.086] [CONTINUED REQUEST FOR BENEFITS ON AN
ACTIVE BENEFIT ACCOUNT.]
Subdivision 1. [ACTIVE BENEFIT ACCOUNT.] (a) A benefit
account shall be considered active only when a claimant files
continued requests for benefits in the manner and within the
time periods prescribed. A benefit account shall be considered
inactive if a claimant stops filing a continued request or fails
to file a continued request within the time period required.
The benefit account shall be considered inactive as of the
Sunday following the last week or biweekly period for which a
continued request has been timely filed.
(b) A benefit account that is inactive shall be reactivated
the Sunday of the week that the claimant makes a contact with
the department to do so, in the manner prescribed by the
commissioner for reactivating that claimant's benefit account.
Subd. 2. [CONTINUED REQUEST FOR BENEFITS DEFINED.] A
continued request for benefits is a certification by a claimant,
done on a weekly or biweekly basis as prescribed by the
commissioner, on the claimant's eligibility for benefits under
section 268.085 for a specific week or two-week period. A
continued request shall include information on possible issues
of disqualification in accordance with section 268.101,
subdivision 1, paragraph (c).
Subd. 3. [METHODS FOR FILING CONTINUED REQUESTS FOR
BENEFITS.] (a) The commissioner shall designate to each claimant
one of the following methods for filing a continued request:
(1) by telephone under subdivision 4;
(2) by electronic transmission under subdivision 5;
(3) by mail under subdivision 6; or
(4) by in-person interview under subdivision 7.
(b) The method designated by the commissioner shall be the
only method allowed for filing a continued request by that
claimant. A claimant may ask that one of the other allowed
methods be designated and the commissioner shall consider
inconvenience to the claimant as well as administrative capacity
in determining whether to allow a claimant to change the
designated method for filing a continued request for benefits.
Subd. 4. [CONTINUED REQUEST FOR BENEFITS BY
TELEPHONE.] (a) A continued request by telephone shall be made
to a telephone number required by the commissioner for that
claimant. In order to constitute a continued request, all
information asked for, including information authenticating that
the caller is the claimant, must be provided. If all of the
information asked for is not provided, the communication shall
not constitute a continued request for benefits.
The telephone communication must be made on the date
required for the claimant for filing a continued request for
benefits by telephone.
(b) If the telephone continued request for benefits is not
filed on the date required, a continued request by telephone
shall be accepted if the claimant files the continued request by
telephone within 14 days following the week in which the date
required occurred. If the continued request by telephone is not
filed within 14 days following the week in which the date
required occurred, the telephone continued request shall not be
accepted and the claimant shall be ineligible for benefits for
the period covered by the continued request and the benefit
account shall be considered inactive, unless the claimant shows
good cause for failing to file the continued request by
telephone within the time period requested.
Subd. 5. [CONTINUED REQUEST FOR BENEFITS BY ELECTRONIC
TRANSMISSION.] (a) A continued request for benefits by
electronic transmission shall be filed to that electronic mail
address or Internet address prescribed by the commissioner for
that claimant. In order to constitute a continued request, all
information asked for, including information authenticating that
the claimant is sending the transmission, must be provided in
the format required. If all of the information asked for is not
provided, the communication shall not constitute a continued
request for benefits.
The electronic transmission communication must be filed on
the date required for the claimant for filing a continued
request by electronic transmission.
(b) If the electronic transmission continued request is not
filed on the date required, a continued request by electronic
transmission shall be accepted if the claimant files the
continued request by electronic transmission within 14 days
following the week in which the date required occurred. If the
continued request by electronic transmission is not filed within
14 days following the week in which the date required occurred,
the electronic continued request shall not be accepted and the
claimant shall be ineligible for benefits for the period covered
by the continued request and the benefit account shall be
considered inactive, unless the claimant shows good cause for
failing to file the continued request by electronic transmission
within the time period required.
Subd. 6. [CONTINUED REQUEST FOR BENEFITS BY MAIL.] (a) A
continued request for benefits by mail shall be on a form
prescribed by the commissioner. The form, in order to
constitute a continued request, must be totally completed and
signed by the claimant.
The form must be filed on the date required for the
claimant for filing a continued request by mail, in an envelope
with postage prepaid thereon, and sent to the address required
by the commissioner for that claimant.
(b) If the mail continued request for benefits is not filed
on the date required, a continued request shall be accepted if
the form is filed by mail within 14 days following the week in
which the date required occurred. If the form is not filed
within 14 days following the week in which the date required
occurred, the form shall not be accepted and the claimant shall
be ineligible for benefits for the period covered by the
continued request for benefits and the benefit account shall be
considered inactive, unless the claimant shows good cause for
failing to file the form by mail within the time period required.
(c) If the claimant has been designated to file a continued
request for benefits by mail, a claimant may submit the form by
facsimile transmission on the day otherwise required for
mailing, or within 14 days following the week in which the date
required occurred. A form submitted by facsimile transmission
shall be sent only to the telephone number assigned for that
purpose.
(d) A claimant who has been designated to file a continued
request by mail may personally deliver a continued request form
only to the location to which the form was otherwise required to
be mailed.
Subd. 7. [IN-PERSON CONTINUED REQUEST FOR BENEFITS.] The
commissioner may require any claimant who has been designated to
make a continued request for benefits by mail, by telephone, by
electronic transmission, or by mail to appear for a personal
interview at a place, time, and date designated, during which a
written continued request for benefits form shall be completed
and submitted by the claimant.
A claimant shall be ineligible for benefits for the week or
biweekly period covered by a continued request and the benefit
account shall be considered inactive if the claimant fails,
without good cause, to comply with the requirement that the
claimant appear for a personal interview and at that time
complete and submit a written continued request form.
Subd. 8. [GOOD CAUSE.] A continued request for benefits
that is not filed within the time periods required by this
section shall be accepted only for those weeks that the claimant
has "good cause" for not filing within the time periods required.
Subd. 9. [GOOD CAUSE DEFINED.] "Good cause" for purposes
of this section is a compelling substantial reason that would
have prevented a reasonable person acting with due diligence
from filing a continued request for benefits within the time
periods required.
"Good cause" shall not include forgetfulness, loss of the
continued request form, having returned to work, or inability to
file a continued request for benefits by the method designated
if the claimant was aware of the inability and did not make
diligent effort to have the method of filing a continued request
changed by the commissioner. "Good cause" shall not include
having previously made an attempt to file a continued request
for benefits but where the communication was not considered a
continued request because the claimant failed to submit all
required information.
Sec. 44. Minnesota Statutes 1998, section 268.095, is
amended to read:
268.095 [DISQUALIFICATION PROVISIONS.]
Subdivision 1. [QUIT.] A claimant who quits quit
employment shall be disqualified from all benefits except when:
(1) unless the claimant quit the employment because of a
good reason caused by the employer;
(2) unless the claimant quit the employment to accept other
covered employment that provided substantially higher wages or
substantially better terms and conditions of employment or both,
but the claimant did not work long enough at the other
employment to have sufficient subsequent earnings to satisfy the
disqualification that would otherwise be imposed;
(3) unless the claimant quit the employment within 30
calendar days of beginning the employment because the employment
was unsuitable for the claimant;
(4) unless the employment was unsuitable for the claimant
and the claimant quit to enter approved reemployment assistance
training;
(5) unless the employment was part time and the claimant
had full-time employment in the base period, that the claimant
separated from because of nondisqualifying reasons, sufficient
to meet the minimum requirements to establish a reemployment
insurance benefit account under section 268.07; or
(6) unless the claimant quit because the employer notified
the claimant that the claimant was going to be laid off due to
lack of work within 30 calendar days. A claimant who quit
employment within 30 calendar days of a notified date of layoff
due to lack of work shall be disqualified from benefits through
the end of the week that includes the scheduled date of layoff;
or
(7) the claimant quit the employment because the claimant's
serious illness or injury made it medically necessary that the
claimant quit, provided that the claimant made reasonable
efforts to remain in that employment in spite of the serious
illness or injury.
Reasonable efforts to remain in that employment are those a
reasonable individual would make if interested in remaining with
the employer and require that the claimant inform the employer
of the serious illness or injury and request accommodation.
A claimant who quit employment because of If the claimant's
serious illness of is chemical dependency, the claimant has not
made reasonable efforts to remain in that employment if the
claimant has previously been professionally diagnosed as
chemically dependent, or has previously voluntarily submitted to
had treatment for chemical dependency, and has failed to make
consistent efforts to control the chemical dependency.
Subd. 2. [QUIT DEFINED.] (a) A quit from employment occurs
when the decision to end the employment was, at the time the
employment ended, the employee's.
(b) An employee who has been notified that the employee
will be discharged in the future, who chooses to end the
employment while employment in any capacity is still available,
shall be considered to have quit the employment.
(c) An employee who seeks to withdraw a previously
submitted notice of quitting shall be considered to have quit
the employment if the employer does not agree that the notice
may be withdrawn.
Subd. 3. [GOOD REASON CAUSED BY THE EMPLOYER DEFINED.] (a)
A good reason caused by the employer for quitting is a reason:
(1) that is directly related to the employment and for
which the employer is responsible; and
(2) that is significant and would compel an average,
reasonable worker to quit and become unemployed rather than
remaining in the employment.
(b) If a claimant was subjected to adverse working
conditions by the employer, the claimant must complain to the
employer and give the employer a reasonable opportunity to
correct the adverse working conditions before that may be
considered a good reason caused by the employer for quitting.
(c) A substantial adverse change in the wages, hours, or
other terms of employment by the employer shall be considered a
good reason caused by the employer for quitting unless the
change occurred because of the claimant's employment misconduct.
(d) Notification of discharge in the future, including a
layoff due to lack of work, shall not be considered a good
reason caused by the employer for quitting.
(e) A claimant has a good reason caused by the employer for
quitting if it results from sexual harassment of which the
employer was aware, or should have been aware, and the employer
failed to take timely and appropriate action. Sexual harassment
means unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other conduct or
communication of a sexual nature when:
(1) the claimant's submission to the conduct or
communication is made a term or condition of the employment;
(2) the claimant's submission to or rejection of the
conduct or communication is the basis for decisions affecting
employment; or
(3) the conduct or communication has the purpose or effect
of substantially interfering with a claimant's work performance
or creating an intimidating, hostile, or offensive working
environment and the employer knows or should know of the
existence of the harassment and fails to take timely and
appropriate action.
(f) The definition of a good reason caused by the employer
for quitting employment provided by this subdivision shall be
exclusive.
Subd. 4. [DISCHARGE.] A claimant who is was discharged
from employment by an employer shall not be disqualified from
any benefits except when:
(1) unless the claimant was discharged because of
employment misconduct that interfered with and adversely
affected that employment. This clause shall not apply if:; or
(i) the misconduct was a direct result of the claimant's
serious illness provided that the claimant made reasonable
efforts to remain in that employment in spite of the serious
illness.
Reasonable efforts to remain in that employment require
that the claimant inform the employer of the serious illness and
request accommodation.
If the misconduct was a direct result of the claimant's
serious illness of chemical dependency, the claimant has not
made reasonable efforts to remain in that employment if the
claimant has previously been professionally diagnosed chemically
dependent or the claimant has previously voluntarily submitted
to treatment for chemical dependency and has failed to make
consistent efforts to control the chemical dependency.
This subclause shall not apply if the misconduct was a
violation of section 169.121, 169.1211, or 169.123; or
(ii) the employment was part time and the claimant had
full-time employment in the base period, that the claimant
separated from because of nondisqualifying reasons, sufficient
to meet the minimum requirements to establish a reemployment
insurance account under section 268.07;
(2) unless the claimant was discharged because of
gross aggravated employment misconduct that interfered with and
adversely affected that employment.
Subd. 4a. [AGGRAVATED EMPLOYMENT MISCONDUCT DEFINED.] For
the purpose of this clause section, "gross aggravated employment
misconduct" means:
(i) (1) the commission of any act, on the job or off the
job, that amounts would amount to a gross misdemeanor or felony
if the act interfered with or adversely affected the employment;
or
(ii) (2) for an employee of a facility as defined in
section 626.5572, gross aggravated employment misconduct
includes an act of patient or resident abuse, financial
exploitation, or recurring or serious neglect, as defined in
section 626.5572 and applicable rules.
If a claimant is convicted of a gross misdemeanor or felony
for the same act or acts for which the claimant was discharged,
it is gross aggravated employment misconduct; or.
(3) if the claimant was discharged because the claimant
gave notice of intention to quit the employment within 30
calendar days. This clause shall be effective only through the
end of the calendar week that includes the intended date of
quitting. Thereafter the separation from employment shall be
considered a quit of employment by the claimant, and a
disqualification, if any, shall begin with the Sunday of the
week following the week that includes the intended date of
quitting.
Subd. 5. [DISCHARGE DEFINED.] (a) A discharge from
employment occurs when any words or actions by an employer would
lead a reasonable employee to believe that the employee's
services are no longer desired by the employer will no longer
allow the employee to work for the employer in any capacity. A
layoff due to lack of work shall be considered a discharge. A
suspension from employment without pay of more than 30 calendar
days shall be considered a discharge.
(b) An employee who gives notice of intention to quit the
employment and is not allowed by the employer to work the entire
notice period shall be considered discharged from the employment
as of the date the employer will no longer allow the employee to
work. If the discharge occurs within 30 calendar days prior to
the intended date of quitting, then, as of the intended date of
quitting, the separation from employment shall be considered a
quit from employment subject to subdivision 1.
Subd. 6. [EMPLOYMENT MISCONDUCT DEFINED.] (a) Employment
misconduct is means:
(1) any intentional conduct showing a disregard of:, on the
job or off the job, that
(1) the employer's interest;
(2) disregards the standards of behavior that an employer
has the right to expect of the employee; or
(3) disregards the employee's duties and obligations to the
employer.; or
Misconduct also includes (2) negligent or indifferent
conduct by an employee demonstrating, on the job or off the job,
that demonstrates a substantial lack of concern for the
employment.
(b) Inefficiency, inadvertence, simple unsatisfactory
conduct, or poor performance as a result because of inability or
incapacity, or absence because of illness or injury with proper
notice to the employer, are not employment misconduct.
(c) Any conduct in violation of paragraph (a), clause (1)
or (2), that was a result of the claimant's chemical dependency
is employment misconduct if the claimant has previously been
diagnosed chemically dependent or had treatment for chemical
dependency, and has failed to make consistent efforts to control
the chemical dependency.
(d) A driving offense in violation of section 169.121,
169.1211, or 169.123 that interferes with or adversely affects
the employment is employment misconduct.
(e) The definition of employment misconduct provided by
this subdivision shall be exclusive.
Subd. 7. [ACT OR OMISSIONS AFTER SEPARATION.] Except as
provided for under subdivision 8, a claimant shall not be
disqualified from benefits under this section for any acts or
omissions occurring after the claimant's separation from
employment with the employer. A layoff due to lack of work is
considered a separation from employment.
Subd. 8. [OFFERS OF EMPLOYMENT.] (a) A claimant shall be
disqualified from all benefits if the claimant, without good
cause:
(1) failed to apply for available, suitable employment of
which the claimant was advised by the commissioner or an
employer;
(2) failed to accept suitable employment when offered; or
(3) avoided an offer of suitable employment.
(b) The claimant shall not be disqualified from benefits
under paragraph (a) if the claimant "Good cause" is a reason
that would cause a reasonable individual who wants suitable
employment to fail to apply for, accept, or avoid suitable
employment. Good cause includes:
(1) was the claimant is employed in other suitable
employment;
(2) the claimant is in approved reemployment assistance
training; or
(2) (3) the claimant formerly worked for the employer and
the claimant's last separation from loss of employment with the
employer occurred prior to the commencement of a strike or other
labor dispute, was permanent or for an indefinite period, and
the claimant failed to apply for or accept reemployment the
employment because a strike or other labor dispute was in
progress at the establishment where the claimant was previously
employed by that employer; or
(4) the claimant formerly worked for the employer and quit
that employment because of a good reason caused by the employer.
Subd. 9. [SUITABLE EMPLOYMENT DEFINED.] (a) Suitable
employment is means employment in the claimant's labor market
area that is reasonably related to the claimant's
qualifications. In determining whether any employment is
suitable for a claimant, the degree of risk involved to the
health and safety, physical fitness, prior training, experience,
length of unemployment, prospects for securing local employment
in the claimant's customary occupation, and the distance of the
employment from the claimant's residence shall be considered.
(b) No In determining what is suitable employment, primary
consideration shall be given to the temporary or permanent
nature of the claimant's separation from employment and whether
the claimant has favorable prospects of finding employment in
the claimant's usual or customary occupation at the claimant's
past wage level within a reasonable period of time.
If prospects are unfavorable, employment at lower skill or
wage levels is suitable if the claimant is reasonably suited for
the employment because of education, training, work experience,
or ability.
The total compensation must be considered, including the
wage rate, hours of employment, method of payment, overtime
practices, bonuses, incentive payments, and fringe benefits.
(c) When potential employment is at a rate of pay lower
than the claimant's former rate, consideration must be given to
the length of the claimant's unemployment and the proportion of
difference in the rates. Employment that may not be suitable
because of lower wages during the early weeks of the claimant's
unemployment may become suitable as the duration of unemployment
lengthens.
(d) For a claimant seasonally unemployed, suitable
employment includes temporary work in a lower skilled occupation
that pays average gross weekly wages equal to or more than 150
percent of the claimant's weekly benefit amount.
(e) If a majority of the claimant's wage credits were
earned from part-time employment, part-time employment in a
position with comparable skills and comparable hours that pays
average gross weekly wages equal to or more than 150 percent of
the claimant's weekly benefit amount shall be considered
suitable employment.
(f) To determine suitability of employment in terms of
shifts, the arrangement of hours in addition to the total number
of hours is to be considered. Employment on a second, third,
rotating, or split shift is suitable employment if it is
customary in the occupation in the labor market area.
(g) Employment shall not be considered suitable if:
(1) the position offered is vacant due directly to because
of a strike, lockout, or other labor dispute;
(2) the wages, hours, or other conditions of employment are
substantially less favorable than those prevailing for similar
employment in the locality labor market area; or
(3) as a condition of becoming employed, the claimant would
be required to join a company union or to resign from or refrain
from joining any bona fide labor organization.
Subd. 10. [DISQUALIFICATION DURATION.] (a) A
disqualification from the payment of all benefits under
subdivisions 1, 4, and 8 shall be for the duration of the
claimant's unemployment and until the end of the calendar week
that the claimant had total earnings in subsequent covered
employment of eight times the claimant's weekly benefit amount.
(b) Any disqualification imposed under subdivisions 1 and 4
shall begin on the Sunday of the week that the claimant became
separated from employment. Any disqualification imposed under
subdivision 8 shall begin on the Sunday of the week the claimant
failed to apply for, accept, or avoided employment.
(c) Notwithstanding In addition to paragraph (a), if the
claimant was discharged from employment because of gross
aggravated employment misconduct, the disqualification shall be
for the duration of the claimant's unemployment and until the
end of the calendar week that the claimant had total earnings in
subsequent covered employment of 12 times the claimant's weekly
benefit amount. In addition, wage credits from that employment
shall be canceled.
Subd. 11. [APPLICATION.] This section shall apply to:
(1) all covered employment, full time or part time,
temporary or of limited duration, permanent or of indefinite
duration, that occurred during the base period, the period
between the end of the base period and the effective date of the
reemployment insurance benefit account, or the benefit year,
except as provided for in subdivisions subdivision 1, clause
(5); and 4, clause (1)(ii); or
(2) all covered employment occurring in this state, and
employment covered under a reemployment insurance program, (i)
of any other state or (ii) established by an act of Congress.
Subd. 12. [LABOR DISPUTE.] (a) A claimant who has left or
partially or totally lost employment with an employer stopped
working because of a strike or other labor dispute at the
establishment where the claimant is or was employed shall be
disqualified from benefits:
(1) until the end of the calendar week that the strike or
labor dispute was in active progress if the claimant is
participating in or directly interested in the strike or labor
dispute; or
(2) until the end of the calendar week that the strike or
labor dispute commenced began if the claimant is not
participating in or directly interested in the strike or labor
dispute.
Participation includes the any failure or refusal by a
claimant, voluntarily or involuntarily, to accept and perform
available and customary work at the establishment.
(b) A claimant who has left or partially or totally lost
employment with an employer stopped working because of a
jurisdictional controversy between two or more labor
organizations at the establishment where the claimant is or was
employed shall be disqualified for benefits until the end of the
calendar week that the jurisdictional controversy was in
progress.
(c) A claimant shall not be disqualified from benefits
under this subdivision if:
(1) the claimant becomes unemployed stops working because
of a strike caused by an employer's willful intentional failure
to observe the terms of the safety and health section of a union
contract or failure to comply with an official citation for a
violation of federal and or state laws involving occupational
safety and health;
(2) the claimant becomes unemployed stops working because
of a lockout; or
(3) the claimant is discharged during the period of
negotiation and prior to the commencement beginning of a strike
or other labor dispute.
(d) A quit from employment by the claimant during the time
that the strike or other labor dispute is in active progress at
the establishment shall not be considered to terminate the
claimant's participation in or direct interest in the strike or
other labor dispute for purposes of this subdivision.
(e) For the purpose of this subdivision, the term "labor
dispute" shall have the same definition as provided in section
179.01, subdivision 7.
Sec. 45. Minnesota Statutes 1998, section 268.101, is
amended to read:
268.101 [DETERMINATIONS ON DISQUALIFICATION AND
ELIGIBILITY.]
Subdivision 1. [NOTIFICATION.] (a) Upon In an application
for a reemployment insurance account benefits, each claimant
shall report the names of all employers and the reasons for no
longer working for all employers during the claimant's last 30
days of employment. If the reason reported for no longer
working for any of those employers is other than a layoff due to
lack of work, that shall raise an issue of disqualification that
the department shall determine. A claimant's failure to report
the name of an employer, or giving an incorrect reason for no
longer working for an employer, shall be considered a violation
of section 268.182, paragraph (b).
In an application, the claimant shall provide all
information necessary to determine the claimant's eligibility
for benefits under section 268.085.
(b) Upon establishment of a reemployment insurance benefit
account, the commissioner shall notify, by mail or electronic
transmission, all employers the claimant was employed by during
the claimant's last 30 days of employment prior to making an
application and all base period employers and determined
successors to those employers under section 268.051, subdivision
4. An employer shall have ten calendar days after the sending
of the notice to make a protest raise, in a manner prescribed by
the commissioner raising, any issue of disqualification or any
issue of eligibility. An employer shall be informed of the
effect that failure to timely protest raise an issue may have on
the employer charges under section 268.047. A protest made An
issue raised more than ten calendar days after sending of the
notice shall be considered untimely.
(c) Each claimant shall report any employment, loss of
employment, and offers of employment received, during those
weeks the claimant made filed continued claims requests for
benefits pursuant to section 268.086. Each claimant who
stops making filing continued claims requests during the benefit
year and later begins making filing continued claims requests
during that same benefit year shall report the name of any
employer the claimant worked for during the period between
the making filing of continued claims requests, up to a period
of the last 30 days of employment, and the reason the claimant
stopped working for the employer. The claimant shall report any
offers of employment during the period between the making filing
of continued claims requests for benefits. Those employers from
which the claimant has reported a loss of employment or an offer
of employment pursuant to this paragraph shall be notified by
mail or electronic transmission. An employer shall have ten
calendar days after the sending of the notice to make a
protest raise, in a manner prescribed by the
commissioner raising, any issue of disqualification or any issue
of eligibility. An employer shall be informed of the effect
that failure to timely protest raise an issue may have on the
employer charges under section 268.047. A protest made An issue
raised more than ten calendar days after sending of the notice
shall be considered untimely.
(d) The purpose for requiring the claimant to report the
name of all employers and the reason for no longer working for
all employers during the claimant's "last 30 days of employment"
under paragraphs (a) and (c) is for the commissioner to obtain
information from a claimant on raising all issues that may have
the potential of disqualifying the claimant from benefits under
section 268.095. If the reason given by the claimant for no
longer working for an employer is a discharge, other than a
layoff due to lack of work, the claimant shall be required to
state all the facts about the cause of the discharge for no
longer working for the employer, if known.
Subd. 2. [DISQUALIFICATION DETERMINATION.] (a) The
commissioner shall promptly determine any issue of
disqualification timely raised by a timely protest made by an
employer, and mail to the claimant and that employer at the last
known address a determination of disqualification or a
determination of nondisqualification, as is appropriate. The
determination shall set forth state the effect on employer
charges under section 268.047.
(b) The commissioner shall promptly determine any issue of
disqualification raised by information obtained required from a
claimant pursuant to under subdivision 1, paragraph (a) or (c),
and mail to the claimant and employer at the last known address
a determination of disqualification or a determination of
nondisqualification, as is appropriate. The determination shall
set forth state the effect on employer charges under section
268.047. A determination shall be made pursuant to this
paragraph only on those issues involving the claimant's last 30
days of employment and shall be made even if a notified employer
has not raised the issue of disqualification.
(c) The commissioner shall promptly determine any untimely
issue of disqualification raised by an untimely protest made by
an employer and mail to the claimant and that employer at the
last known address a determination of disqualification or a
determination of nondisqualification as is appropriate. The
determination shall set forth state the effect on employer
charges under section 268.047. Notwithstanding section 268.095,
any disqualification imposed as a result of determination issued
pursuant to this paragraph shall begin the Sunday two weeks
following the week that the untimely protest was made.
Notwithstanding any provisions to the contrary If the employer
did not employ the claimant during the claimant's last 30 days
of employment prior to the claimant's application for benefits,
but only employed the claimant for periods prior to that,
any relief of exception to employer charges as a result of a
determination issued pursuant to this paragraph under section
268.047, subdivisions 2 and 3, shall begin the Sunday two weeks
following the week that the untimely protest issue was made
raised.
(d) If any time within 24 months from the establishment of
a reemployment insurance benefit account the commissioner finds
that a claimant failed to report any employment, loss of
employment, or offers of employment that were required to be
provided by the claimant under this section, the commissioner
shall promptly determine any issue of disqualification on that
loss of employment or offer of employment and mail to the
claimant and involved employer at the last known address a
determination of disqualification or a determination of
nondisqualification, as is appropriate. The determination shall
set forth state the effect on employer charges under section
268.047.
This paragraph shall not apply if the involved employer was
notified and given the opportunity to protest pursuant to
subdivision 1, paragraph (b) or (c).
This paragraph shall not prevent the imposition of any
penalty under section 268.18, subdivision 2, or 268.182.
(e) An issue of disqualification shall be determined based
upon that information required of a claimant, any information
that may be obtained from a claimant or employer, and
information from any other source, without regard to any common
law burden of proof.
(f) A determination of disqualification or a determination
of nondisqualification shall be final unless an appeal is filed
by the claimant or notified employer within 30 calendar days
after mailing. The determination shall contain a prominent
statement indicating in clear language the method of appealing,
the time within which an appeal must be made, and the
consequences of not appealing. Proceedings on the appeal shall
be conducted in accordance with section 268.105.
(f) (g) An issue of disqualification for purposes of this
section shall include any reason for no longer working for an
employer other than a layoff due to lack of work, any question
of a disqualification from benefits under section 268.095, any
question of an exception to disqualification under section
268.095, any question of benefit charge to an employer under
section 268.047, and any question of an otherwise imposed
disqualification that a claimant has had subsequent earnings
sufficient to satisfy the disqualification satisfied under
section 268.095, subdivision 10.
(g) Notwithstanding (h) Regardless of the requirements of
this subdivision, the commissioner is not required to mail to a
claimant a determination of nondisqualification where the
claimant has had subsequent earnings sufficient to
satisfy satisfied any otherwise potential disqualification under
section 268.095, subdivision 10.
Subd. 3. [ELIGIBILITY DETERMINATION.] (a) The commissioner
shall promptly determine any issue of eligibility raised by a
timely protest made by an employer, whether timely or untimely,
and mail to the claimant and that employer at the last known
address a determination of eligibility or a determination of
ineligibility, as is appropriate.
(b) The commissioner shall promptly determine any issue of
eligibility raised by information obtained from a claimant and
mail to the claimant and any involved employer at the last known
address a determination of eligibility or a determination of
ineligibility, as is appropriate. A determination shall be made
pursuant to this paragraph even if a notified employer has not
raised the issue of eligibility.
(c) The commissioner shall promptly determine any issue of
eligibility raised by an untimely protest made by an employer
and mail to the claimant and that employer at the last known
address a determination of eligibility or a determination of
ineligibility, as is appropriate. Any denial of benefits
imposed as a result of determination issued pursuant to this
paragraph shall begin the Sunday two weeks following the week
that the untimely protest was made.
(d) If any time within 24 months from the establishment of
a reemployment insurance benefit account the commissioner finds
the claimant failed to provide, on an application for benefits
or on a continued request for benefits, requested
information regarding the claimant's on an issue of eligibility
for benefits, the commissioner shall determine the issue of
eligibility and mail to the claimant and any involved employer
at the last known address a determination of eligibility or a
determination of ineligibility, as is appropriate.
This paragraph shall not apply if the involved employer was
notified, was aware, or should have been aware of the issue of
eligibility at the time of notification, and was given the
opportunity to protest pursuant to subdivision 1, paragraph (b)
or (c).
This paragraph shall not prevent the imposition of a
penalty under section 268.18, subdivision 2, or 268.182.
(e) (d) A determination of eligibility or determination of
ineligibility shall be final unless an appeal is filed by the
claimant or notified employer within 30 calendar days after
mailing. The determination shall contain a prominent statement
indicating in clear language the method of appealing, the time
within which an appeal must be made, and the consequences of not
appealing. Proceedings on the appeal shall be conducted in
accordance with section 268.105.
(f) (e) An issue of eligibility for purposes of this
section shall include any question of regarding the denial or
allowing of benefits under sections 268.085, 268.086, 268.115,
268.125, 268.135, and 268.155.
(f) Only if an employer raised the issue of eligibility
shall the employer be: (1) mailed the determination of
eligibility or a determination of ineligibility, or (2)
considered an involved employer for purposes of an appeal under
section 268.105.
Subd. 3a. [DIRECT HEARING.] Notwithstanding Regardless of
any provision of sections 268.03 to 268.23, the commissioner or
a reemployment insurance judge may refer any issue of
disqualification, any issue of eligibility, or any other
issue under sections 268.035 to 268.23, directly for hearing in
accordance with section 268.105, subdivision 1. The status of
the issue shall be the same as if a determination had been made
and an appeal filed.
Subd. 4. [AMENDED DETERMINATION.] Unless an appeal has
been filed, the commissioner, on the commissioner's own motion,
may reconsider a determination of disqualification or
nondisqualification or a determination of eligibility or
ineligibility that has not become final and issue an amended
determination. An amended determination shall not be done at
the request of a claimant or an employer. Any amended
determination shall be mailed to the claimant and any involved
employer at the last known address. Any amended determination
shall be final unless an appeal is filed by the claimant or
notified employer within 30 calendar days after mailing.
Proceedings on the appeal shall be conducted in accordance with
section 268.105.
Subd. 5. [PROMPT BENEFIT PAYMENT.] If a determination or
amended determination awards allows benefits to a claimant, the
benefits shall be promptly paid regardless of any appeal period
or any appeal having been filed.
Subd. 6. [OVERPAYMENT.] A determination or amended
determination that holds a claimant disqualified or ineligible
for benefits for periods a claimant has been paid benefits is
considered an overpayment of those benefits subject to under
section 268.18, subdivision 1.
Subd. 7. [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a)
Regardless of any provision of law to the contrary, an employer
may provide the commissioner with information on a claimant so
that the commissioner can determine a claimant's entitlement to
benefits under sections 268.03 to 268.23.
(b) Information obtained pursuant to sections 268.03 to
268.23, in order to determine a claimant's entitlement to
benefits, shall be absolutely privileged and shall not be made
the subject matter or the basis for any civil proceeding,
administrative, or judicial.
Sec. 46. Minnesota Statutes 1998, section 268.103, is
amended by adding a subdivision to read:
Subd. 4. [PROTESTS BY TELEPHONE AND ELECTRONIC
TRANSMISSION.] This section shall apply to the filing of
protests to those determinations and notices that require a
protest and affirmation procedure prior to an appeal.
Sec. 47. Minnesota Statutes 1998, section 268.105, is
amended to read:
268.105 [REEMPLOYMENT INSURANCE HEARINGS; APPEALS.]
Subdivision 1. [HEARING.] (a) Upon appeal the department
shall set a time and place for a de novo evidentiary hearing and
give mail notice to any involved claimant and any involved
employer written notice, by mail, not less than ten calendar
days prior to the date of the hearing.
(b) The evidentiary hearing shall be conducted by a
reemployment insurance judge without regard to any common law
burden of proof as an evidence gathering inquiry and not an
adversarial proceeding. The commissioner shall by rule adopt a
procedure by which reemployment insurance judges hear and decide
appeals, subject to further appeal to the commissioner rules on
evidentiary hearings. The rules need not conform to common law
or statutory rules of evidence and other technical rules of
procedure. The written A report of any employee of the
department, except a determination, made in the regular course
of the performance of the employee's duties, shall be competent
evidence of the facts contained in it.
(c) After the conclusion of the hearing, upon the evidence
presented obtained, the reemployment insurance judge shall mail
make written findings of fact and decision and mail those to all
involved parties. The reemployment insurance judge's decision
is the final department decision unless a further appeal is
filed pursuant to subdivision 3 2.
Subd. 2. [REEMPLOYMENT INSURANCE JUDGES.] (d) The
commissioner shall designate regular salaried classified
employees of the department as impartial reemployment insurance
judges to conduct evidentiary hearings on appeals. The
commissioner or authorized representative may personally hear or
transfer to another reemployment insurance judge any proceedings
pending before a reemployment insurance judge. Any proceedings
removed to the commissioner or authorized representative shall
be heard in accordance with this subdivision 1.
Subd. 3. 2. [COMMISSIONER REVIEW.] (a) Within 30 calendar
days after mailing of the reemployment insurance judge's
decision, any involved party claimant or involved employer may
appeal and obtain a de novo review by the commissioner or an
authorized representative. The commissioner within the same
period of time may on the commissioner's own motion order a de
novo review of a decision.
(b) The authorized representative of the commissioner shall
be an attorney who is a classified employee of the department.
The authority to act on behalf of the commissioner under this
section shall be by specific written delegation filed with the
secretary of state.
(c) Upon de novo review, the commissioner shall, on the
basis of the that evidence submitted at the hearing before the
reemployment insurance judge under subdivision 1, make findings
of fact and decision, or remand the matter back to a
reemployment insurance judge for the taking of additional
evidence and the making of new findings and decision based on
all the evidence. The commissioner may disregard shall,
independent of the findings of fact and decision of the
reemployment insurance judge and, examine the evidence and
make any those findings of fact as the evidence may, in the
judgment of the commissioner require, and make any that decision
as the facts found by the commissioner require.
(d) The commissioner may conduct a de novo review without
argument by any involved party, or the commissioner may allow
written argument. The commissioner shall not, except for
purposes of deciding whether to remand a matter to a
reemployment insurance judge for a further evidentiary hearing,
consider any evidence that was not submitted at the hearing
before the reemployment insurance judge.
(c) (e) The commissioner shall mail to any involved party
the commissioner's findings of fact and decision. The decision
of the commissioner is the final department decision. Unless
judicial review is sought as provided by under subdivision 7,
the decision of the commissioner shall become final 30 calendar
days after mailing.
Subd. 3. [WITHDRAWAL OF APPEAL.] (a) Any appeal that is
pending a decision before a reemployment insurance judge or the
commissioner may be withdrawn by the appealing person, or an
authorized representative of that person, upon filing of a
notice of withdrawal.
(b) The appeal shall, by written order, be dismissed if a
notice of withdrawal is filed, unless the commissioner, by
written order, directs that further adjudication is required for
a proper result.
(c) A notice of withdrawal may be filed by mail, by
telephone, or if the commissioner allows, by electronic
transmission.
Subd. 3a. [DECISIONS.] (a) If a reemployment insurance
judge's decision or the commissioner's decision awards allows
benefits to a claimant, the benefits shall be promptly paid
regardless of any appeal period or any appeal having been filed.
(b) If a reemployment insurance judge's decision modifies
or reverses a determination awarding allowing benefits to a
claimant, any benefits paid pursuant to the determination is
considered an overpayment of those benefits subject to under
section 268.18, subdivision 1.
(c) If a commissioner's decision modifies or reverses a
reemployment insurance judge's decision awarding allowing
benefits to a claimant, any benefits paid pursuant to the
reemployment insurance judge's decision is considered an
overpayment of those benefits subject to under section 268.18,
subdivision 1.
(d) If the commissioner affirms a reemployment insurance
judge's decision on an issue of disqualification that awards
allows benefits to a claimant, the commissioner's decision, if
finally reversed by the Minnesota Court of Appeals or the
Supreme Court of Minnesota, shall not result in a
disqualification of the claimant from benefits under section
268.095.
(e) If the commissioner, pursuant to subdivision 3 2,
remands a matter to a reemployment insurance judge for the
taking of additional evidence, the prior reemployment insurance
judge's decision shall continue to be enforced until new
findings of fact and decision are made by a reemployment
insurance judge.
Subd. 4. [TESTIMONIAL POWERS.] In the discharge of the
duties imposed by this section, The reemployment insurance
judge, the commissioner, or authorized representative, may
administer oaths and affirmations, take depositions, certify to
official acts, and issue subpoenas to compel the attendance of
witnesses and the production of books, papers, correspondence,
memoranda, documents and other records personal property
considered necessary as evidence in connection with the subject
matter of the an evidentiary hearing. The subpoenas shall be
enforceable through the district court in the district in which
that the subpoena is issued. Witnesses subpoenaed, other than
an involved claimant or involved employer or officers and
employees of an involved employer, subpoenaed pursuant to this
section shall be allowed fees paid by the commissioner the same
as witness fees as in a civil action in district court. These
fees shall be considered a part of the expense of administering
this chapter.
Subd. 5. [USE OF INFORMATION.] (a) All testimony at
any evidentiary hearing conducted pursuant to subdivision 1
shall be recorded. A copy of any recorded testimony and
exhibits received into evidence at the hearing shall, upon
request, or upon directive of the commissioner, be furnished to
a party at no cost during the time period for filing an appeal
to the commissioner or while such an appeal is pending. If
requested, the representative of a commissioner shall make
available a device for listening to the recording if an appeal
is pending before the commissioner under subdivision 2.
(b) Regardless of any provision of law to the contrary, if
recorded testimony and exhibits received into evidence at the
evidentiary hearing are not requested during the time period for
filing an appeal to the commissioner, or while such an appeal is
pending, that testimony and other evidence shall later be made
available to an involved party only pursuant to a court order.
A subpoena shall not be considered a court order.
(c) Testimony obtained under subdivision 1, may not be used
or considered for any purpose, including impeachment, in any
civil, administrative, or contractual proceeding, except by a
local, state, or federal human rights agency with enforcement
powers, unless the proceeding is initiated by the department.
(c) (d) No findings of fact or decision issued by a
reemployment insurance judge or the commissioner may be held
conclusive or binding or used as evidence in any separate or
subsequent action in any other forum, except proceedings
provided for under this chapter, regardless of whether the
action involves the same or related parties or involves the same
facts.
Subd. 6. [REPRESENTATION; FEES.] (a) In any proceeding
under these sections, a party under subdivision 1 or 2, a
claimant or involved employer may be represented by any agent.
(b) Except for services provided by an attorney-at-law, a
claimant shall not be charged fees or, costs, or disbursements
of any kind in a proceeding before a reemployment insurance
judge, the commissioner, or by any court or any of its
officers the Minnesota court of appeals, or supreme court of
Minnesota.
Subd. 7. [COURT OF APPEALS; ATTORNEY FOR COMMISSIONER
JUDICIAL REVIEW.] (a) The Minnesota court of appeals may shall,
by writ of certiorari to the commissioner, review any the
decision of the commissioner provided a petition for the writ is
filed with the court and a copy is served upon the commissioner
and any other involved party within 30 calendar days of the
mailing of the commissioner's decision.
(b) Any involved employer, petitioning for a writ of
certiorari shall pay to the court the required filing fee and
upon the service of the writ shall furnish a cost bond to the
commissioner in accordance with the rules of civil appellate
procedure. If the employer requests a written transcript of the
testimony received at the evidentiary hearing conducted pursuant
to subdivision 1, the employer shall pay to the commissioner the
cost of preparing the transcript.
(c) Upon review before issuance by the Minnesota court of
appeals of a writ of certiorari as a result of a claimant's
petition, the commissioner shall, if requested, furnish to the
claimant at no cost a written transcript of the testimony
received at the evidentiary hearing conducted pursuant to
subdivision 1, and, if requested, a copy of all exhibits entered
into evidence. No filing fee or cost bond shall be required of
a claimant petitioning the Minnesota court of appeals for a writ
of certiorari.
(c) (d) The commissioner shall be considered to be a the
primary responding party to any judicial action involving any
the commissioner's decision and the case title shall be, "In Re
the matter of: (named petitioner) and the commissioner of
economic security." The commissioner may be represented by any
qualified an attorney who is a regular salaried classified
employee of the department and has been designated by the
commissioner for that purpose or, at the commissioner's request,
by the attorney general.
Sec. 48. Minnesota Statutes 1998, section 268.115, is
amended to read:
268.115 [EXTENDED BENEFITS.]
Subdivision 1. [DEFINITIONS.] As The terms used in this
section, unless the context clearly requires otherwise shall
have the following meaning:
(1) [EXTENDED BENEFIT PERIOD.] "Extended benefit period"
means a period which that lasts for a minimum of 13 weeks and
that:
(a) (i) Begins with the third week after a week for which
there is a state "on" indicator; and
(b) (ii) Ends with either of the following weeks, whichever
occurs later: the third week after the first week for which
there is a state "off" indicator; or the 13th consecutive week
of the period;.
Provided, that No extended benefit period may begin before
the 14th week following the end of a prior extended benefit
period which was in effect with respect to this state.
(2) [STATE "ON" INDICATOR.] There is a "state 'on'
indicator" for this state for a week if the commissioner
determines, in accordance with the regulations of the United
States Secretary of Labor, that:
(i) for the period consisting of such that week and the
immediately preceding prior 12 weeks, the rate of insured
unemployment (not seasonally adjusted) under this law:
(a) equaled or exceeded 120 percent of the average of
such the rates for the corresponding 13-week period ending in
each of the preceding prior two calendar years, and
(b) equaled or exceeded was five percent. or more; or
The determination of whether there has been a state "on"
indicator beginning any extended benefit period may be made as
provided in clauses (a) and (b) above or a "state 'on'
indicator" shall exist if the rate described in clause (b)
(b) equaled or exceeded six percent irrespective of whether
the percentage requirement provided by clause (a) is met or
exceeded.; or
(ii) The United States Secretary of Labor determines that
the average rate of seasonally adjusted total unemployment in
Minnesota for the most recent three months for which data is
published equals or exceeds 6.5 percent and this rate equals or
exceeds 110 percent of the rate of the corresponding three-month
period in either of the prior two calendar years.
(3) [STATE "OFF" INDICATOR.] There is a "state 'off'
indicator" for this state for a week if:
(i) under clause (2)(i), for the period consisting of
such that week and the immediately preceding prior 12 weeks,
the rate of insured unemployment is less than six percent and
the requirements for a "state 'on' indicator" under clause (2)
are not satisfied; or
(ii) under clause (2)(ii) the requirements for a "state
'on' indicator" are not satisfied.
(4) [RATE OF INSURED UNEMPLOYMENT.] "Rate of insured
unemployment," for purposes of clauses (2) and (3), means the
percentage derived by dividing the average weekly number of
individuals claimants filing claims continued requests for
regular benefits in this state for weeks of unemployment with
respect to the most recent 13 consecutive week 13-week period,
as determined by the commissioner on the basis of the
commissioner's reports to the United States Secretary of Labor,
by the average monthly covered employment covered under this law
for the first four of the most recent last six completed
calendar quarters ending before the end of such that 13-week
period.
(5) [REGULAR BENEFITS.] "Regular benefits" means
benefits payable available to an individual under this law or
under any other state law (including benefits payable to federal
civilian employees and to ex-servicemen pursuant to United
States Code, title 5, chapter 85) a claimant other than extended
benefits and additional benefits.
(6) [EXTENDED BENEFITS.] "Extended benefits" means benefits
(including benefits payable to federal civilian employees and to
ex-servicemen pursuant to United States Code, title 5, chapter
85) payable to an individual under the provisions of this
section for weeks of unemployment in the individual's
eligibility period.
(7) [ADDITIONAL BENEFITS.] "Additional benefits" means
benefits payable to exhaustees by reason of conditions of high
unemployment or by reason of other special factors under the
provisions of any state law.
(8) [ELIGIBILITY PERIOD.] "Eligibility period" of an
individual for a claimant means the period consisting of the
weeks remaining in the individual's claimant's benefit year
which begin in an within the extended benefit period and, if the
benefit year ends within such the extended benefit period, any
weeks thereafter which begin in such the extended benefit period.
(9) (7) [EXHAUSTEE.] "Exhaustee" means an individual a
claimant who, with respect to any week of unemployment in the
individual's eligibility period:
(a) the benefit year having not expired has received, prior
to such week, all of the maximum amount of regular benefits that
were available under this law or any other state law (including
dependents' allowances and benefits payable to federal civilian
employees and ex-servicemen under United States Code, title 5,
chapter 85) in the individual's current benefit year that
includes such week;
Provided, that, for the purposes of this paragraph, an
individual shall be considered to have received all of the
regular benefits that were available to the individual although
as a result of a pending appeal with respect to wage credits
that were not considered in the original monetary determination
in the individual's benefit year, the individual may
subsequently be determined to be entitled to added regular
benefits section 268.07; or
(b) the individual's benefit year having expired prior to
such week, has no, or insufficient, wages and/or employment on
the basis of which the individual could wage credits to
establish a new benefit year that would include such week or
having established a benefit year that includes such week, the
individual is precluded from receiving regular compensation by
reason of: (i) a state law provision which meets the
requirements of section 3304 (a) (7) of the Internal Revenue
Code of 1954, or (ii) a disqualification determination which
canceled wage credits or totally reduced benefit rights, or
(iii) benefits are not payable by reason of a seasonal
limitation in a state reemployment insurance benefits
law account; and
(c) has no right to any type of reemployment insurance
benefits or allowances, as the case may be, under the Railroad
Unemployment Insurance Act, the Trade Expansion Act of 1962, the
Automotive Products Act of 1965 and such law of any other state
or under federal laws as are specified in regulations issued by
the United States Secretary of Labor; and has not received and
is not seeking receiving reemployment insurance benefits under
the unemployment compensation law of Canada; but if the
individual is seeking such benefits and the appropriate agency
finally determines that the individual is not entitled to
benefits under such law the individual is considered an
exhaustee.
(10) [STATE LAW.] "State law" means the reemployment
insurance benefits law of any state, approved by the United
States Secretary of Labor under section 3304 of the Internal
Revenue Code of 1954.
Subd. 2. [EFFECT OF STATE LAW PROVISIONS RELATING TO
REGULAR BENEFITS ON CLAIMS FOR, AND THE PAYMENT OF, EXTENDED
BENEFITS.] Except when the result would be inconsistent with the
other provisions of this section, as provided in the rules of
the commissioner, the provisions of this chapter which apply to
claims for, or the payment of, regular benefits shall apply to
claims for, and the payment of, extended benefits.
Subd. 3. [ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.]
If an extended benefit period is in effect, a claimant shall
be eligible to receive paid extended benefits with respect to
from the fund for any week in the claimant's eligibility
period only if with respect to that week the claimant:
(1) is an "exhaustee" as defined in subdivision 1,
paragraph (9);
(2) has satisfied the same requirements of this law as
those for the receipt of regular benefits that are applicable to
claimants claiming extended benefits, including not being
subject to a disqualification for the receipt of benefits under
section 268.069; and
(3) has, during the claimant's base period earned wage
credits available for benefit purposes of not less than 40 times
the claimant's weekly benefit amount as determined pursuant to
section 268.07, subdivision 2.; and
(4) is not subject to a denial of extended benefits under
subdivision 9.
Subd. 4. [WEEKLY EXTENDED BENEFIT AMOUNT.] The weekly
extended benefit amount payable to an individual for a week of
total unemployment in the individual's eligibility period shall
be an amount equal to the same as the weekly benefit amount
payable during the individual's applicable benefit year of
regular benefits.
Subd. 5. [TOTAL EXTENDED BENEFIT MAXIMUM AMOUNT OF
EXTENDED BENEFITS.] The total extended benefit maximum amount
payable to any eligible individual with respect to the
individual's applicable benefit year of extended benefits
available to a claimant shall be 50 percent of the total maximum
amount of regular benefits which were payable under this
law available in the applicable benefit year, provided that at
the expiration of the benefit year, the individual's remaining
balance of extended benefits shall be reduced, but not below
zero, by the product arrived at by multiplying the individual's
weekly extended benefit amount by the number of weeks in the
individual's expired benefit year for which any trade
readjustment allowance was paid pursuant to sections 231 to 234
of the Trade Act of 1974, as amended. If the total rate of
unemployment computed under subdivision 1, clause (2)(ii),
equaled or exceeded eight percent, the maximum amount of
extended benefits available shall be 80 percent of the maximum
amount of regular benefits available in the benefit year.
Subd. 6. [BEGINNING AND TERMINATION OF EXTENDED BENEFIT
PERIOD PUBLIC ANNOUNCEMENT.] (a) Whenever an extended benefit
period is to become effective in this state begin as a result of
a state "on" indicator, or an extended benefit period is to be
terminated in this state end as a result of a state "off"
indicator the commissioner shall make an appropriate public
announcement.
(b) Computations required by the provisions of subdivision
1, paragraph (4), shall be made by the commissioner, in
accordance with regulations prescribed by the United States
Secretary of Labor.
Subd. 7. [EFFECT OF FEDERAL LAW.] If This section is
enacted to conform to the requirements of United States Code,
title 26, section 3304, the Federal-State Extended Unemployment
Compensation Act of 1970 is as amended so as to authorize this
state to pay benefits for an extended benefit period in a manner
other than that currently provided by this section, then, and in
such case, all the terms and conditions contained in the amended
provisions of such federal law shall become a part of this
section to the extent necessary to authorize the payment of
benefits to eligible individuals as permitted under such amended
provision, provided that the federal share continues to be at
least 50 percent of the extended benefits paid to individuals
under the extended benefit program. The commissioner shall also
pay benefits at the earliest possible date in the manner allowed
by the Federal-State Unemployment Compensation Act of 1970, as
amended through January 1, 1975, the provisions of which shall
become a part of this section to the extent necessary to
authorize the payment of benefits to eligible individuals and
the applicable federal regulations.
Subd. 8. [INTERSTATE CLAIMS CLAIMANTS.] An individual A
claimant residing in a state other than Minnesota shall not be
eligible for only the first two weeks of extended benefits for
any week if:
(a) Extended benefits are payable for that week pursuant to
an interstate claim filed in any state under the claimant's
benefit account was established pursuant to the interstate
benefit payment plan; and
(b) no extended benefit period is in effect for the week in
that state. This subdivision shall not apply to the first two
weeks for which extended benefits are payable pursuant to an
interstate claim filed under the interstate benefit payment plan
to the individual from the extended benefit account established
for the individual with respect to the benefit year.
Subd. 9. [ELIGIBILITY REQUIREMENTS DENIAL
PROVISIONS.] Notwithstanding the provisions of subdivision
2, (a) A claimant shall be ineligible for the payment of denied
extended benefits for any week in the claimant's eligibility
period if during that week the claimant failed to accept any
offer of suitable employment, failed to apply for any suitable
employment to which that the claimant was referred to by the
commissioner, or failed to actively seek suitable employment.
Any claimant who has been found ineligible for extended
benefits for any week by reason of this subdivision The denial
shall also be denied benefits continue until the claimant has
been employed in covered employment in each of four subsequent
weeks, whether or not consecutive, and has earned remuneration
had earnings from that covered employment of not less than four
times the claimant's extended weekly benefit amount.
(b) For the purpose of this subdivision "suitable
employment" means any employment which that is within the
claimant's capabilities and which that has a gross average
weekly remuneration payable which wage that exceeds the sum of
the claimant's weekly benefit amount as determined under
subdivision 4 plus the amount, if any, of supplemental
reemployment insurance benefits, as defined in section 501(c)
(17) (D) of the Internal Revenue Code of 1954, as amended,
payable to the claimant for that week. The employment must pay
wages not less than the higher of the federal minimum wage
without regard to any exemption, or the applicable state minimum
wage.
(c) No claimant shall be denied extended benefits for
failure to accept an offer of or apply for any suitable
employment if:
(a) (1) the position was not offered to the claimant in
writing or;
(2) the position was not listed with employment the job
service;
(b) the failure could not result in a denial of benefits
under the definition of suitable employment for regular benefit
claimants in section 268.095 to the extent that the criteria of
suitability is not inconsistent with this subdivision; or
(c) (3) the claimant furnishes satisfactory evidence to the
commissioner that prospects for obtaining employment in the
claimant's customary occupation within a reasonably short period
are good. If the evidence furnished is found to be satisfactory
for this purpose, the determination of whether any employment is
suitable for the claimant shall be made in accordance with the
definition of suitable employment in section 268.095,
subdivision 9, paragraph (a), without regard to the definition
or special disqualification specified in this
subdivision 268.035, subdivision 23a.
No employment shall be found to be suitable employment for
a claimant which would not be suitable employment under section
268.095, subdivision 9, paragraph (b).
(d) For the purpose of this subdivision a claimant is
"actively seeking suitable employment" during any week only if
the claimant has engaged in a systematic and sustained effort to
obtain employment during the week, and the claimant furnishes
tangible evidence of engaging in that effort during the week.
Subd. 10. [JOB SERVICE REFERRAL.] The employment job
service shall refer any claimant entitled to who is filing
continued requests for extended benefits under this section to
any employment which that is suitable employment for that
claimant under this subdivision 9.
Sec. 49. Minnesota Statutes 1998, section 268.125,
subdivision 1, is amended to read:
Subdivision 1. [ADDITIONAL BENEFITS; WHEN AVAILABLE.]
Additional reemployment insurance benefits are authorized
available if:
(1) at a facility that had 100 or more employees for at
least six months during the prior 12 months, the employer
reduced operations, resulting within a one-month period in the
layoff of 50 percent or more of the facility's work force
amounting to 50 or more employees, including reductions caused
as a result of a major natural disaster declared by the
president;
(2) the employer has no expressed plan to resume operations
that would lead to the reemployment of those employees at any
time in the immediate future; and
(3) the seasonally adjusted unemployment rate in the county
that the facility is located was ten percent or more during the
month of the reduction or any of the three months before or
after the month of the reduction.
Sec. 50. Minnesota Statutes 1998, section 268.125,
subdivision 4, is amended to read:
Subd. 4. [WEEKLY BENEFIT AMOUNT.] A claimant's weekly
additional benefit amount shall be the same as the claimant's
weekly benefit amount during the current benefit year under
section 268.07.
Sec. 51. Minnesota Statutes 1998, section 268.125,
subdivision 5, is amended to read:
Subd. 5. [MAXIMUM AMOUNT OF BENEFITS PAYABLE.] The maximum
amount of additional benefits payable available in the
claimant's benefit year shall be 13 times one half of the
claimant's weekly benefit maximum amount of regular benefits
available under section 268.07, subdivision 2. Extended
benefits paid and benefits paid to a claimant under any state or
federal law other than regular benefits under section 268.07
shall be deducted from the maximum amount of additional benefits
available.
Sec. 52. Minnesota Statutes 1998, section 268.135, is
amended to read:
268.135 [SHARED WORK PLAN.]
Subdivision 1. [SHARED WORK PLAN; DEFINITIONS.] For
purposes of this section, the following terms have the meanings
given:
(a) (1) "Affected employee" means an individual employee
who was continuously employed as a member of the affected group,
by the shared work employer, for at least six months prior to
application, on a full-time basis, prior to submission of the
shared work plan.
(b) (2) "Affected group" means five or more employees
designated by the employer to participate in a shared work plan.
(c) "Shared work employer" means an employer with a shared
work plan in effect.
(d) (3) "Shared work plan" or "plan" means an employer's
voluntary, written plan for reducing unemployment, under which a
specified group of employees shares the work remaining after
their whose normal weekly hours of work are reduced, in order to
prevent employees from being laid off due to lack of work.
(e) "Approved shared work plan" or "approved plan" means an
employer's shared work plan which meets the requirement of this
section.
(f) (4) "Normal weekly hours of work" means the number of
hours in a week that the employee normally would work for the
shared work employer or 40 hours, whichever is less.
Subd. 2. [PARTICIPATION.] (a) An employer wishing to
participate in the shared work unemployment benefit program
shall submit a signed, written shared work plan to the
commissioner for approval. The commissioner may give written
approval of approve a shared work plan only if it:
(1) specifies the employees in the affected group;
(2) applies to only one affected group;
(3) includes a certified statement by the employer that
each individual employee specified in the affected group is an
affected employee;
(4) includes a certified statement by the employer that for
the duration of the plan the reduction in normal weekly hours of
work of the employees in the affected group is instead of
layoffs which that otherwise would result in at least at as
large a reduction in the total normal weekly hours of work;
(5) specifies an expiration date which that is no more than
one year from the date the employer submits the plan for
approval;
(6) specifies that fringe benefits, such as health and
retirement, available to the employees in the affected group are
not reduced beyond the percentage of reduction in hours of work;
and
(7) is approved in writing by the collective bargaining
agent for each collective bargaining agreement which that covers
any employee in the affected group.
(b) The commissioner shall establish set the beginning and
ending dates of an approved shared work plan.
(c) The commissioner shall approve or disapprove mail to
the employer a written determination approving or disapproving
the plan within 15 calendar days of its receipt. The
commissioner shall notify the employer of the reasons for
disapproval of a shared work plan within ten days of the
determination. Determinations of the commissioner are final.
(d) Disapproval of a plan may be reconsidered upon
application of the employer or at the discretion of the
commissioner. Approval of a shared work plan may be revoked by
the commissioner when it is established that if the approval was
based, in whole or in part, upon information in the plan which
is either that was false or substantially misleading.
Subd. 3. [ELIGIBILITY.] (a) Notwithstanding Regardless of
any other provision of this chapter, an individual a claimant is
unemployed and eligible to receive shared work benefits with
respect to any week if the commissioner finds that:
(1) during the week the individual claimant is employed as
a member of an affected group in an approved a plan which that
was approved prior to the week and is in effect for the week;
and
(2) during the week the individual's normal weekly hours of
work were reduced, in accordance with an approved the plan, at
least 20 percent but not more than 40 percent, with a
corresponding reduction in wages.
(b) Shared work benefits shall not be paid to an eligible
individual a claimant beyond one benefit year under an approved
plan or modification of an approved plan.
(c) The total amount of regular benefits and shared work
benefits paid to an individual a claimant in a benefit year
shall not exceed the maximum benefit amount established of
regular benefits available.
(d) An otherwise eligible individual claimant shall not be
denied shared work benefits under this section because of the
application of any provision of this chapter relating to
availability for work employment, active search for work
employment, or refusal to apply for or accept work suitable
employment from other than the individual's claimant's shared
work employer.
Subd. 4. [WEEKLY BENEFIT AMOUNT.] (a) An individual A
claimant who is eligible for shared work benefits under this
section shall be paid, with respect to any week of unemployment,
a weekly shared work reemployment insurance benefits amount.
The an amount shall be equal to the individual's regular weekly
benefit amount multiplied by the nearest full percentage of
reduction of the individual's claimant's regular weekly hours of
work as set forth in the employer's plan. The benefit payment,
if not a multiple of $1 whole dollar shall be rounded to the
next lower dollar.
(b) The deductible earnings provisions of section 268.085,
subdivision 5, shall not apply to earnings from the shared work
employer of an individual a claimant eligible for payments under
this section shared work benefits unless the resulting payment
amount would be less than the regular weekly benefit payment for
which amount the individual claimant would otherwise be eligible
for without regard to shared work reemployment insurance
benefits.
(c) An individual A claimant shall not be eligible for
shared work benefits payable under this section for any week in
which paid work that employment is performed for the shared work
employer in excess of the reduced hours set forth in
the approved plan.
Sec. 53. Minnesota Statutes 1998, section 268.145, is
amended to read:
268.145 [INCOME TAX WITHHOLDING.]
Subdivision 1. [NOTIFICATION.] (a) Upon filing an
application for a reemployment insurance account benefits, the
claimant shall be informed that:
(1) reemployment insurance benefits are subject to federal
and state income tax;
(2) there are requirements for filing estimated tax
payments;
(3) the claimant may elect to have federal income tax
withheld from benefits;
(4) if the claimant elects to have federal income tax
withheld, the claimant may, in addition, elect to have Minnesota
state income tax withheld; and
(5) at any time during the benefit year the claimant may
change a prior election.
(b) If a claimant elects to have federal income tax
withheld, the commissioner shall deduct that percentage required
by the Internal Revenue Code 15 percent for federal income tax,
rounded to the nearest whole dollar. If a claimant, in addition
to federal income tax withholding, also elects to have Minnesota
state income tax withheld, the commissioner shall make an
additional five percent deduction for Minnesota state income
tax. Any amounts deducted or offset pursuant to sections
268.155, 268.156, 268.18, 268.182, and 268.184 have priority
over any amounts deducted under this section. Federal income
tax withholding has priority over Minnesota state income tax
withholding.
(c) An election to have federal income tax, or federal and
Minnesota state income tax, withheld shall not be retroactive
and shall only apply to benefits paid after the election.
Subd. 2. [TRANSFER OF FUNDS.] The amount of any benefits
deducted under this section shall remain in the Minnesota
reemployment insurance fund until transferred to the federal
Internal Revenue Service, or the Minnesota department of
revenue, as an income tax payment on behalf of the claimant.
Subd. 3. [CORRECTION OF ERRORS.] Any error which that
resulted in underwithholding or overwithholding under this
section shall not be corrected retroactively.
Subd. 4. [FEDERAL REQUIREMENT.] The commissioner shall
follow all federal requirements for the deduction and
withholding of federal and Minnesota state income tax from
reemployment insurance benefits.
Subd. 5. [APPLICATION EFFECT OF PAYMENTS.] This section
applies to any payments under federal or state law as
compensation, assistance, or allowance with respect to
unemployment. Any amount deducted under this section shall be
considered as benefits paid to the claimant.
Sec. 54. Minnesota Statutes 1998, section 268.155, is
amended to read:
268.155 [CHILD SUPPORT INTERCEPT OF UNEMPLOYMENT DEDUCTED
FROM BENEFITS.]
Subdivision 1. [DEFINITIONS.] As used in this section
unless the context clearly requires otherwise:
(a) "Reemployment insurance" means any compensation payable
under this chapter including amounts payable by the commissioner
pursuant to an agreement under any federal law providing for
compensation, assistance, or allowance with respect to
unemployment;
(b) (1) "Child support obligations" means obligations which
that are being enforced by the public agency responsible for a
child support enforcement agency pursuant to a plan described in
United States Code, title 42, section 454, of the Social
Security Act which that has been approved by the secretary of
health and human services under part D of title IV of the Social
Security Act. This shall not include any type of spousal
maintenance or foster care payments; and
(c) (2) "Child support agency" means the public agency
responsible for child support enforcement pursuant to a plan
described in section 454 of the Social Security Act.
Subd. 2. [NOTICE OF CLAIM UPON APPLICATION.] Upon In an
application for a reemployment insurance account benefits, the
claimant shall disclose whether or not the claimant owes if
child support obligations are owed and, if so, in what state and
county. If the claimant discloses that the claimant owes child
support obligations are owed, and establishes a reemployment
insurance account, the commissioner shall, if the claimant
establishes a benefit account, notify the child support agency
that the claimant has established a reemployment insurance
account.
Subd. 3. [WITHHOLDING OF BENEFITS.] The commissioner shall
deduct and withhold from any reemployment insurance benefits
payable to a claimant that who owes child support obligations:
(a) The amount specified by the claimant to the
commissioner to be deducted and withheld under this section, if
neither clause (b) or (c) is applicable; or
(b) (1) the amount required pursuant to a proper order of a
court or administrative agency; or
(2) if clause (1) is not applicable, the amount determined
pursuant to an agreement submitted to the commissioner under
United States Code, title 42, section 454 (20) (B) (i), of the
Social Security Act by the child support agency, unless (c) is
applicable; or
(c) Any amount otherwise required to be so deducted and
withheld from the unemployment compensation pursuant to "legal
process" as defined in section 462(e) of the Social Security
Act, properly served upon the commissioner. (3) if clause (1)
or (2) is not applicable, the amount specified by the claimant.
Subd. 4. [PAYMENT BY THE COMMISSIONER.] Any amount
deducted and withheld under subdivision 3 shall be paid by the
commissioner to the public agency responsible for child support
enforcement. agency,
Subd. 5. [EFFECT OF PAYMENTS.] Any amount deducted and
withheld under subdivision 3 but shall for all purposes be
treated as if it were paid to the claimant as reemployment
insurance benefits and paid by the claimant to the public agency
responsible for child support enforcement agency in satisfaction
of the claimant's child support obligations.
Subd. 6 5. [REIMBURSEMENT PAYMENT OF COSTS.] Appropriate
arrangements shall be made for reimbursement by The child
support agency for shall pay the administrative costs incurred
by the commissioner under in the implementation and
administration of this subdivision section and sections 518.551
and 518.6111 which are attributable to child support obligations
being enforced by the public agency responsible for child
support enforcement.
Sec. 55. Minnesota Statutes 1998, section 268.18, is
amended to read:
268.18 [BENEFIT OVERPAYMENTS.]
Subdivision 1. [ERRONEOUS PAYMENTS OVERPAYMENT DUE TO
ERROR.] (a) Any claimant who, (1) by reason of the claimant's
own mistake, or through the (2) because of an error of by any
individual engaged in the administration of this
chapter employee of the department, or (3) because of a
determination, redetermination, or amended determination issued
pursuant to section 268.07 or 268.101, or (4) because of an
appeal decision under section 268.105, has received any benefits
that the claimant was not entitled to, shall promptly repay the
benefits to the department fund. If the claimant fails to repay
the benefits, the commissioner shall, as soon as the erroneous
payment is discovered, determine the amount due and notify the
claimant in writing to repay the benefits.
(b) Unless the claimant files an appeal within 30 calendar
days after the mailing of the determination of overpayment to
the claimant's last known address, the determination shall
become final. Proceedings on the appeal shall be conducted in
accordance with section 268.105. A claimant may not
collaterally attack, by way of an appeal to an overpayment
determination, any prior determination issued pursuant to
section 268.07 or 268.101, or decision issued pursuant to
section 268.105, that has become final.
(c) If the claimant fails to repay the benefits, the
commissioner may deduct offset from any future benefits
otherwise payable to the claimant in the current or any
subsequent benefit year the amount of the overpayment,. Except
that when the overpayment resulted because the claimant failed
to report deductible earnings or deductible payments, no
single deduction under this subdivision offset shall exceed 50
percent of the amount of the payment from which the deduction
offset is made, or. The overpayment may also be collected by
the same methods as delinquent taxes. A determination of
overpayment shall state the methods of collection the
commissioner may use to recover the overpayment.
(d) If a claimant has been overpaid benefits under the law
of another state because of an error and that state certifies to
the commissioner that the claimant is liable under its law to
repay the benefits and requests the commissioner to recover the
overpayment, the commissioner may deduct offset from future
benefits otherwise payable to the claimant in the current or any
subsequent benefit year the amount of overpayment, except that
no single deduction under this subdivision offset shall exceed
50 percent of the amount of the payment from which the deduction
offset is made.
(e) Benefits paid for weeks more than three years prior to
the discovery of error are not erroneous payments overpaid
benefits.
Subd. 2. [OVERPAYMENT DUE TO FRAUD.] (a) Any claimant who
receives benefits by knowingly and willfully intentionally
misrepresenting, misstating, or failing to disclose any material
fact that would have made the claimant not entitled to those
benefits has committed fraud. After the discovery of facts
indicating fraud, the commissioner shall make a written
determination that the claimant was not entitled to benefits
that were obtained benefits by fraud and that the claimant must
promptly repay the benefits to the department fund. In
addition, the commissioner shall assess a penalty equal to 25
percent of the amount fraudulently obtained. If the claimant
had a prior overpayment due to fraud, the commissioner shall, on
the present overpayment, assess a penalty equal to 50 percent of
the amount fraudulently obtained.
(b) Unless the claimant files an appeal within 30 calendar
days after the mailing of the determination of overpayment by
fraud to the claimant's last known address, the determination
shall become final. Proceedings on the appeal shall be
conducted in accordance with section 268.105.
(c) If the claimant fails to repay the benefits, penalty,
and any interest assessed under subdivision 2b, the commissioner
shall deduct offset from future benefits otherwise payable to
the claimant in the current or any subsequent benefit year the
amount of overpayment or. The total due may also be collected
by the same methods as delinquent taxes. A determination of
overpayment by fraud shall state the methods of collection the
commissioner may use to recover the overpayment. Money received
in repayment of fraudulently obtained benefits, penalties, and
interest shall first be applied to the benefits overpaid, then
to the penalty amount due, then to any interest due. Payments
made toward penalty and interest shall be credited to the
contingent account.
(d) If a claimant has been overpaid benefits under the law
of another state because of fraud and that state certifies to
the commissioner that the claimant is liable to repay the
benefits and requests the commissioner to recover the
overpayment, the commissioner may deduct offset from future
benefits otherwise payable to the claimant in the current or any
subsequent benefit year the amount of overpayment.
(e) A determination of overpayment by fraud may be made at
any time.
Subd. 2b. [INTEREST.] (a) Beginning January 1, 2002, on
any benefits fraudulently obtained, as determined and any
penalty amounts assessed under subdivision 2, the commissioner
shall have the discretion to assess interest at the rate of
1-1/2 percent per month on any overpaid amount that remains
unpaid 30 calendar days after the date of the determination of
overpayment by fraud. A determination of overpayment by fraud
shall state that interest may shall be assessed.
(b) If this subdivision became effective after the date of
the determination of overpayment by fraud, or the determination
did not state that interest may shall be assessed, interest
pursuant to this subdivision may shall be assessed beginning 30
calendar days after written notification to the claimant.
Subd. 3a. [OFFSET OF FEDERAL BENEFITS.] The commissioner
is authorized to enter into reciprocal agreements with the
United States Secretary of Labor, whereby, overpayments of
benefits as determined under federal law, with respect to
benefits under a federal program administered by Minnesota, may
be recovered by offset from benefits otherwise payable under
this chapter or any federal program. As provided by reciprocal
agreement, and benefit overpayments under subdivisions 1 and 2
may be recovered by offset from benefits otherwise payable under
a federal program.
Subd. 4. [CANCELLATION OF BENEFITS PAID THROUGH ERROR OR
FRAUD OVERPAYMENTS.] (a) If benefits paid through because of an
error are not repaid or deducted offset from subsequent benefits
as provided for in subdivision 1 within six years after the date
of the determination of overpayment, the commissioner shall
cancel the overpayment balance, and no administrative or legal
proceedings shall be used to enforce collection of those amounts.
(b) If benefits paid as a result of fraud including
penalties and interest are not repaid or deducted offset from
subsequent benefits as provided for in subdivision 2 within ten
years after the date of the determination of overpayment by
fraud, the commissioner shall cancel the overpayment balance and
any penalties and interest due, and no administrative or legal
proceeding shall be used to enforce collection of those amounts.
(c) The commissioner may cancel at any time benefits paid
through error or fraud any overpayment, including penalties and
interest, that the commissioner determines are is uncollectible
due to death or bankruptcy.
Subd. 4a. [COURT FEES.] (a) If the commissioner is
required to pay any court fees in an attempt to enforce
collection of overpaid benefits, penalties, or interest, the
commissioner may add the amount of the court fees to the total
amount due.
(b) If a claimant who has been determined overpaid benefits
because of fraud seeks to have any portion of the debt
discharged under the federal bankruptcy code, and the
commissioner files an objection in bankruptcy court to the
discharge, the commissioner may add the commissioner's cost of
any court fees to the debt if the bankruptcy court does not
discharge the debt.
Subd. 5. [REMEDIES.] (a) Any method undertaken to recover
an overpayment of benefits, including any penalties and
interest, shall not be considered an election of a method of
recovery.
(b) Intervention or lack thereof, in whole or in part, in a
workers' compensation matter under section 176.361 shall not be
considered an election of a remedy and shall not prevent the
commissioner from determining any benefits overpaid under
subdivision 1 or 2 or taking action under section 268.182.
Subd. 6. [COLLECTION OF OVERPAYMENTS.] (a) The
commissioner may not compromise the amount that has been
determined overpaid under this section including penalties and
interest.
(b) The commissioner shall have discretion regarding the
use of any method of recovery of any overpayment under
subdivision 1. Regardless of any law to the contrary, the
commissioner shall not be required to refer any amount
determined overpaid under subdivision 1 to a public or private
collection agency, including agencies of this state.
(c) Amounts determined overpaid under subdivision 1 shall
not be considered a "debt" to the state of Minnesota for
purposes of any reporting requirements to the commissioner of
finance.
(d) A pending appeal under section 268.105 shall not toll
the assessment of interest, penalties, or collection of an
overpayment under this section.
Sec. 56. Minnesota Statutes 1998, section 268.182, is
amended to read:
268.182 [FALSE REPRESENTATIONS; CONCEALMENT OF FACTS;
PENALTY.]
(a) Whoever obtains, or attempts to obtain, or aids or
abets any individual to obtain by means of an intentional false
statement or representation, by intentional concealment of a
material fact, or by impersonation or other fraudulent means,
benefits that the individual is not entitled or benefits greater
than the individual is entitled under this chapter, or under the
law of any state or of the federal government, either personally
or for any other individual, is guilty of theft and shall be
sentenced pursuant to section 609.52.
(b) Any individual who violates paragraph (a) intentionally
makes a false statement or representation, who intentionally
fails to disclose a material fact, or who makes a false
statement or representation without a good faith belief as to
the correctness of the statement or representation, in order to
obtain or in an attempt to obtain benefits may be assessed an
administrative penalty of denial of benefits for one to 52 weeks
that the individual would otherwise be entitled to benefits. A
denial shall not apply to any week more than two years after the
week that the violation of paragraph (a) penalty was
determined. A written determination of denial shall be mailed
to the individual's last known address. Unless an appeal is
filed within 30 calendar days of mailing, the determination
shall be final. Proceeding on the appeal shall be conducted in
accordance with section 268.105. This paragraph shall not apply
if prosecution is commenced under paragraph (a) or a penalty is
imposed under section 268.18, subdivision 2.
(c) Any employer or any officer or agent of an employer or
any other person individual who makes a false statement or
representation knowing it to be false, or who knowingly fails to
disclose a material fact, to prevent or reduce the payment of
benefits to any claimant, is guilty of a gross misdemeanor
unless the benefit underpayment exceeds $500, in that case
the person individual is guilty of a felony.
Sec. 57. Minnesota Statutes 1998, section 268.186, is
amended to read:
268.186 [RECORDS.]
(a) Each employer shall keep true and accurate records for
the periods of time and containing the information the
commissioner may require. For the purpose of determining
compliance with this chapter, or for the purpose of collection
of any amounts due under administering this chapter, the
commissioner or any delegated representative has the power to
examine, or cause to be examined supplied or copied, any books,
correspondence, papers, records, or memoranda which that are
relevant to making these determinations, whether the books,
correspondence, papers, records, or memoranda are the property
of or in the possession of the employer or any other person or
corporation at any reasonable time and as often as may be
necessary.
(b) The commissioner or any delegated representative may
make summaries, compilations, photographs, duplications, or
reproductions of any records, or reports that the commissioner
considers advisable for the effective and economical
preservation of the information contained therein, and. Any
summaries, compilations, photographs, duplications, or
reproductions shall be admissible in any proceeding under this
chapter, if the original record or records would have been
admissible. Notwithstanding Regardless of any restrictions
contained in section 16B.50, the commissioner is hereby
authorized to may duplicate records, reports, summaries,
compilations, instructions, determinations, or any other written
or recorded matter pertaining to the administration of the
Minnesota Economic Security Law this chapter.
(c) Notwithstanding Regardless of any inconsistent
provisions elsewhere law to the contrary, the commissioner may
provide for the destruction or disposition of any records,
reports, or reproductions thereof, or other papers in the
commissioner's custody, that are more than two years old, the
preservation of which is and that are no longer necessary for
determining employer liability or a claimant's benefit rights or
for any purpose necessary to the proper administration of this
chapter, including any required audit, provided that. The
commissioner may provide for the destruction or disposition of
any record, report, or other paper in the commissioner's custody
which that has been photographed, duplicated, or reproduced.
Sec. 58. Minnesota Statutes 1998, section 268.188, is
amended to read:
268.188 [SUBPOENAS; OATHS.]
(a) In the discharge of the duties imposed by sections
268.03 to 268.23, The commissioner or any delegated
representative, shall have power to administer oaths and
affirmations, take depositions, certify to official acts, and
issue subpoenas to compel the attendance of persons individuals
and the production of books, papers, correspondence, memoranda,
documents and other records personal property necessary in
connection with the administration of these sections 268.03 to
268.23.
(b) Persons Individuals subpoenaed, other than claimants or
officers and employees of an employer that is the subject of the
inquiry, subpoenaed pursuant to this subdivision, shall be
allowed fees the same as witness fees in civil actions in
district court. The fees need not be paid in advance.
(c) The subpoena shall be enforceable through the district
court in the district in which that the subpoena is issued.
Sec. 59. Minnesota Statutes 1998, section 268.192,
subdivision 2, is amended to read:
Subd. 2. [NO ASSIGNMENT OF BENEFITS; EXEMPTIONS.] Any
assignment, pledge, or encumbrance of any right to benefits
which are or may become due or payable under sections 268.03 to
268.23 shall be void; and such rights to. Benefits shall be
exempt from levy, execution, attachment, or any other remedy
provided for the collection of debt; and benefits received by
any individual so long as they are not mingled with other funds
of the recipient shall be exempt from any remedy for the
collection of all debts, except debts incurred for necessaries
furnished to such individual or a spouse or dependents during
the time when such individual was unemployed. Any waiver of any
exemption provided for in this subdivision shall be void.
Sec. 60. Minnesota Statutes 1998, section 268.194, is
amended to read:
268.194 [REEMPLOYMENT INSURANCE TRUST FUND.]
Subdivision 1. [ESTABLISHMENT; HOW CONSTITUTED.] There is
hereby established as a special state fund, separate and apart
from all other public money or funds of this state, a
reemployment insurance trust fund, which that shall be
administered by the commissioner exclusively for the purpose of
sections 268.03 to 268.23 payment of benefits. This fund shall
consist of:
(1) all taxes collected under those sections;
(2) interest earned upon any money in the fund;
(3) Any property or securities acquired through the use of
money belonging to the fund payments in lieu of taxes paid by
nonprofit organizations and the state and political
subdivisions;
(4) All earnings of such property or securities voluntary
payments under section 268.051, subdivision 7;
(5) any money received from the Federal Unemployment
Account in as a loan from the federal unemployment trust fund in
accordance with Title XII United States Code, title 42, section
1321, of the Social Security Act, as amended, and;
(6) any other money made available to the fund and received
pursuant to an agreement, between this state and any agency of a
reciprocal benefit arrangement with the federal government or
any other state, for the payment of reemployment insurance
benefits;
(7) all money recovered on overpaid benefits;
(6) (8) all money recovered on losses sustained by the
fund;
(9) all money received from the contingent account under
section 268.196, subdivision 3;
(7) (10) all money credited to the account of this
state Minnesota in the federal unemployment trust fund pursuant
to United States Code, title 42, section 903 1103, of the Social
Security Act, as amended also known as the Reed Act; and
(8) (11) all money received for the fund from any other
source.
All money in the fund shall be mingled and undivided.
Subd. 2. [COMMISSIONER OF FINANCE TO BE CUSTODIAN;
SEPARATE ACCOUNTS.] (a) The commissioner of finance shall be the
treasurer and custodian of the fund, administer the fund in
accordance with the directions of the commissioner, and issue
warrants upon it. The commissioner of finance shall maintain
within the fund three separate accounts:
(1) a clearing account;
(2) an unemployment trust fund account; and
(3) a benefit payment account.
All money payable to the fund, upon receipt by the
commissioner, shall be forwarded to the commissioner of finance
who shall immediately deposit the money in the clearing
account. All money in the clearing account, after clearance,
shall, except as otherwise provided, be immediately deposited to
the credit of the Minnesota's account of Minnesota in the
federal unemployment trust fund. Tax refunds payable pursuant
to section 268.057 may be paid from the clearing account or the
benefit payment account.
(b) The benefit payment account shall consist of all money
requisitioned from Minnesota's account in the federal
unemployment trust fund for the payment of benefits. Money in
the clearing and benefit payment accounts may be deposited by
the commissioner of finance, under the direction of the
commissioner, in any depository bank that general funds of
Minnesota may be deposited, but no public deposit insurance
charge or premium shall be paid out of the fund. Money in the
clearing and benefit payment accounts shall not be commingled
with other state funds, but shall be maintained in separate
accounts on the books of the depository bank. This money shall
be secured by the depository bank to the same extent and in the
same manner as required by the general depository law of
Minnesota; and collateral pledged for this purpose shall be kept
separate and distinct from any collateral pledged to secure
other funds of Minnesota. All sums recovered for losses
sustained by the fund shall be deposited in the fund.
Subd. 3. [WITHDRAWALS EXCLUSIVE USE.] (1) (a) Money
requisitioned from Minnesota's account in the federal
unemployment trust fund shall be used exclusively for the
payment of benefits and for tax refunds pursuant to section
268.057, except that money credited to Minnesota's account
pursuant to United States Code, title 42, section 1103 of the
Social Security Act, shall also known as the Reed Act, may be
used exclusively for the payment of expenses of administration.
The commissioner shall from time to time requisition from the
federal unemployment trust fund the amounts, not exceeding the
amount in Minnesota's account, the commissioner considers
necessary for the payment of benefits and tax refunds for a
reasonable future period. Upon receipt the commissioner of
finance shall deposit the money in the benefit payment account
and issue warrants for the payment of benefits solely from the
benefit payment account.
(b) Expenditures of money in the benefit payment account
and tax refunds from the clearing account shall not be subject
to any provisions of law requiring specific appropriations or
other formal release by state officers.
(c) All warrants issued for the payment of benefits and tax
refunds shall bear the signature of the commissioner of finance
and the counter signature of the commissioner.
(2) Any balance of money requisitioned from the
unemployment trust fund that remains unclaimed or unpaid in the
benefit account after the expiration of the period for which the
sums were requisitioned shall either be deducted from estimates
for, and may be utilized for the payment of, benefits and
refunds during following periods or, in the discretion of the
commissioner, shall be redeposited in the federal unemployment
trust fund, as provided in subdivision 2.
Subd. 3a 4. [REIMBURSEMENTS.] The commissioner is
authorized to make to other state or federal agencies and to
receive from other state or federal agencies, reimbursements
from or to the fund, in accordance with reciprocal arrangements
entered into pursuant to section 268.131.
Subd. 4. [DISPOSAL OF CERTAIN MONEY.] Any Money made
available to the reemployment insurance fund and received
pursuant to an a reciprocal agreement between this state and any
agency of the federal government or any other state for the
payment of reemployment insurance benefits shall be placed
directly in the benefit payment account of the unemployment
trust fund.
Subd. 5. [PAYMENT OF EXPENSES OF ADMINISTRATION REED ACT
MONEY.] (1) (a) Money credited to the account of this state
Minnesota in the federal unemployment trust fund by the
secretary of the treasury of the United States of America
pursuant to United States Code, title 42, section 903 1103, of
the Social Security Act, also known as amended the Reed Act, may
be requisitioned and used for (1) the payment of benefits, or (2)
expenses incurred for the administration of Laws 1957, chapter
883 sections 268.03 to 268.23 pursuant to a specific
appropriation by the legislature,. Any money used for the
payment of benefits may be restored for appropriation and use
for administrative expenses upon request of the governor to the
United States Secretary of Labor.
(b) Reed Act money may be used for expenses in the
administration of sections 268.03 to 268.23 provided that the
expenses are incurred and the money is requisitioned after the
enactment of an appropriation law which that:
(a) (1) specifies the amounts and the purposes for which
such the money is appropriated and the amounts appropriated
therefor.;
(b) (2) Limits the period within which such the money may
be obligated to a period ending not more than two years after
the date of the enactment of the appropriation law,; and
(c) (3) Limits the amount which that may be obligated
during any 12-month period beginning on July 1 and ending on the
next June 30 to an amount which that does not exceed the amount
by which (i) the aggregate of the amounts credited transferred
to the account of this state Minnesota pursuant to section 903
of the Social Security Reed Act, as amended, during the same
12-month period and the 34 preceding 12-month periods, exceeds
(ii) the aggregate of the amounts used pursuant to this
subdivision and charged against the amounts credited transferred
to the account of this state during any of such 35 12-month
periods Minnesota. For the purposes of this subdivision,
amounts used during any such 12-month period shall be charged
against equivalent amounts which were first credited and which
are not already so charged; except that no amount obligated for
administration during any such 12-month period may be charged
against any amount credited during such a 12-month period
earlier than the 24th preceding such period for administration
shall be chargeable against the transferred amounts at the time
of the obligation.
(2) Money credited to the account of this state pursuant to
section 903 of the Social Security Act, as amended, may not be
withdrawn or used except for the payment of benefits and for the
payment of expenses for the administration of Laws 1957, chapter
883 and of public employment offices pursuant to this
subdivision. Any moneys used for the payment of benefits may be
restored for appropriation and use for administrative expenses
upon request of the governor, under section 903(c) of the Social
Security Act.
(3) (c) Reed Act money requisitioned for the payment of
expenses of administration pursuant to this subdivision shall be
deposited in the economic security administration fund, but,
until expended, shall remain a part of the reemployment
insurance trust fund. The commissioner shall maintain a
separate record of the deposit, obligation, expenditure, and
return of funds so deposited account for the use of this money
in accordance with the standards established by the United
States Secretary of Labor. If any money so deposited is, for
any reason, not to be expended spent for the purpose for which
it was appropriated, or, if it remains unexpended unspent at the
end of the period specified by the law appropriating such the
money, it shall be withdrawn and returned to the secretary of
the treasury of the United States for credit to this state's
Minnesota's account in the federal unemployment trust fund.
Subd. 6. [ADVANCE ON BORROWING FEDERAL FUNDS.] (a) The
governor is hereby authorized, if necessary, to make application
as may be necessary to secure an advance of borrow funds from
the federal unemployment trust fund in accordance with United
States Code, title 42, section 1321 of the Social Security
Act in order to pay benefits.
(b) Any amount transferred to the fund under the terms of
any application loan shall be repayable as provided in United
States Code, title 42, sections 1101(d)(1), 1103(b)(2), and 1322
of the Social Security Act.
(c) Interest payable on any advance loan shall be paid in
accordance with section 268.051, subdivision 8, paragraph (b).
Sec. 61. Minnesota Statutes 1998, section 268.196, is
amended to read:
268.196 [ECONOMIC SECURITY ADMINISTRATION FUND ACCOUNT.]
Subdivision 1. [ADMINISTRATION FUND ACCOUNT.] (a) There is
hereby created in the state treasury a special fund account to
be known as the economic security administration fund account.
All moneys which are money that is deposited or paid into this
fund account shall be continuously available to the commissioner
for expenditure in accordance with the provisions of to
administer sections 268.03 to 268.23, and shall not lapse at any
time. The fund administration account shall consist of:
(1) all moneys money received from the United States or any
agency thereof, including the United States department of labor,
and include federal government to administer sections 268.03 to
268.23;
(2) any moneys money received from any agency of the United
States or any other state as compensation for services or
facilities supplied to such agency, the federal government or
any other state;
(3) any amounts received pursuant to any surety bond or
insurance policy or from other sources for losses sustained by
the economic security administration fund this account or by
reason of damage to equipment or supplies purchased from moneys
in such fund,; and
(4) any proceeds realized from the sale or disposition of
any such equipment or supplies which that may no longer be
necessary for the proper administration of those
sections. Notwithstanding any provision of this section, all
money requisitioned and deposited in this fund pursuant to
section 268.194, subdivision 5, shall remain part of the
reemployment fund and shall be used only in accordance with the
conditions specified in section 268.194, subdivision 5.
(b) All moneys money in this fund account shall be
deposited, administered, and disbursed in the same manner and
under the same conditions and requirements as are provided by
law for the other special funds accounts in the state treasury.
The state commissioner of finance, as treasurer and custodian of
this account, shall be liable on the treasurer's official bond
for the faithful performance of duties in connection with the
economic security administration fund provided for under these
sections. Such liability on the official bond shall be
effective immediately upon the enactment of this provision, and
such liability shall exist in addition to any liability upon any
separate bond existent on April 29, 1941, or which may be given
in the future. All sums recovered on any surety bond for losses
sustained by the economic security administration fund shall be
deposited in this fund this account.
(c) All money in this fund, except money received pursuant
to section 268.194, subdivision 5, clause (3), account shall
be expended spent solely for the purposes and in the amounts
found necessary by the United States Secretary of Labor for the
proper and efficient administration of the economic security
program sections 268.03 to 268.23.
Subd. 2. [STATE TO REPLACE MONEY WRONGFULLY USED.] If any
money received under United States Code, title 42, section 501
of the Social Security Act or the Wagner-Peyser Act, are found
by the United States Secretary of Labor, because of any action
or contingency, to have been lost or been expended spent for
purposes other than, or in amounts in excess of, those found
necessary by the secretary of labor for the proper
administration of these sections 268.03 to 268.23, the
commissioner may, with the approval of the commissioner of
administration, replace the money from the contingent account.
If the money is not replaced from the contingent account, it is
the policy of this state that the money be replaced by money
appropriated for that purpose from the general funds of this
state. Upon receipt of a finding by the secretary of labor If
not replaced from the contingent account, the commissioner shall
promptly report the amount required for replacement to the
governor and the governor shall, at the earliest opportunity,
submit to the legislature a request for the appropriation of
that amount.
Subd. 3. [CONTINGENT ACCOUNT.] (a) There is hereby created
in the state treasury a special account, to be known as the
economic security contingent account, which that shall not lapse
nor revert to any other fund. Such This account shall consist
of all money appropriated therefor by the legislature, all money
in the form of interest and penalties collected pursuant to
sections 268.057 and, 268.18, and 268.184, all money received in
the form of voluntary contributions to this account, and any
interest thereon earned on the account. All money in such this
account shall be supplemental to all federal money that would be
available to the commissioner but for the existence of this
account. Moneys Money in this account are is hereby
appropriated to the commissioner and shall be available to the
commissioner for such those expenditures as the commissioner may
deem considers necessary in connection with the administration
of sections 268.04 268.03 to 268.23.
Whenever the commissioner expends spends money from
said the contingent account for the proper and efficient
administration of the Minnesota Economic Security Law sections
268.03 to 268.23 for which funds have not yet been money will
later be made available by the federal government, such money so
withdrawn from the contingent account shall, when money is
available, be replaced as hereinafter provided. Upon the
deposit in reimbursed from the economic security administration
fund of moneys which are received in reimbursement of payments
made as above provided for said contingent account,. The
commissioner shall certify to the state treasurer commissioner
of finance the amount of such the reimbursement and thereupon
the state treasurer commissioner of finance shall transfer such
that amount from the economic security administration fund
account to said the contingent account.
(c) All money in this account shall be deposited,
administered, and disbursed in the same manner and under the
same conditions and requirements as is provided by law for the
other special accounts in the state treasury. The state
treasurer shall be liable on the treasurer's official bond for
the faithful performance of duties in connection with the
economic security contingent account provided for herein.
Notwithstanding anything to the contrary contained herein, On
June 30 of each year, except 1982, all amounts in excess of
$300,000 in this account shall be paid over to the reemployment
insurance trust fund established under section 268.194 and
administered in accordance with the provisions set forth therein.
Sec. 62. Minnesota Statutes 1998, section 268.198, is
amended to read:
268.198 [FREE EMPLOYMENT JOB SERVICE OFFICES.]
Subdivision 1. [ACCEPTANCE OF FEDERAL ACT ESTABLISHMENT.]
A state employment service is hereby established in the
department. The commissioner shall establish and maintain free
public employment job service offices, in that number and in
those places as may be necessary for the purpose of providing
reemployment assistance services to claimants, as well as
performing the functions within the purview of under the
Wagner-Peyser Act, United States Code, title 29, chapter 4B
section 49.
Subd. 2. [FINANCING.] All moneys money received by this
state under such the Wagner-Peyser Act of Congress referred to
in subdivision 1 shall be paid into the economic security
administration fund, account and expended solely for the
maintenance of state public employment job service offices. For
the purpose of establishing and maintaining free public
employment job service offices and promoting the use of their
facilities, the commissioner is authorized to enter into
agreements with the railroad retirement board or any other
public agency of the United States or of this or any other state
charged with the administration of any law whose purposes are
reasonably related to the purposes of sections 268.03 to 268.23
the job service.
Subd. 3. [VETERANS REPRESENTATIVES.] As may be determined
by the commissioner, based on a demonstrated need for the
service, There shall be assigned by the commissioner to the
staff of each full functioning employment the job service office
a veterans employment representative whose activities one or
more employees of the department who shall be devoted to
discharging perform the duties prescribed of a veterans
employment representative. The position of veterans employment
representative shall be filled by one or more employees of the
department who are veterans as defined in section 197.447.
Sec. 63. Minnesota Statutes 1998, section 268.21, is
amended to read:
268.21 [NONLIABILITY OF STATE.]
(a) Benefits shall be considered to be due and payable only
to the extent provided in this chapter and to the extent that
money is available in the reemployment insurance fund and
neither the state nor the commissioner shall be liable for any
amount in excess of such sums the money available in the fund.
(b) No person shall make any demand, bring any suit, or
other proceeding to recover from the state or the commissioner
any sum alleged to be due on a reemployment insurance benefit
account after the expiration of two years from the effective
date of the reemployment insurance benefit account.
Sec. 64. Minnesota Statutes 1998, section 268.23, is
amended to read:
268.23 [SEVERABLE.]
In the event that the United States Department of Labor
shall determine determines that any provision of sections 268.03
to 268.23, or any other provision of Minnesota Statutes relating
to the reemployment insurance program, is not in conformity with
various provisions of the Federal Internal Revenue Code or the
Social Security Act then such requirements of federal law, the
provision shall have no force or effect for any purpose; but if
any such only a portion of the provision, or the application
thereof to any person or circumstances, is held invalid not in
conformity, the remainder of said sections the provision and the
application of such the provision to other persons or
circumstances shall not be affected thereby.
Sec. 65. Minnesota Statutes 1998, section 268.30,
subdivision 2, is amended to read:
Subd. 2. [APPLICATIONS.] Applications for a grant-in-aid
shall be made by the administering agency to the commissioner.
The grant-in-aid is contingent upon the agency having obtained
from the community in which the youth intervention program is
established local matching money two times the amount of the
grant that is sought.
The commissioner shall provide by rule the application
form, procedures for making application form, criteria for
review of the application, and kinds of contributions in
addition to cash that qualify as local matching money. No grant
to any agency may exceed $50,000.
Sec. 66. [REVISOR'S INSTRUCTIONS.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes.
Column A Column B
268.182, paragraph (c) 268.184, paragraph (e)
268.095, subd. 9 268.035, subd. 23a
The term "reemployment insurance account" shall be changed
to "benefit account" in Minnesota Statutes, sections 268.03 to
268.23.
The term "reemployment insurance fund" shall be changed to
"reemployment compensation trust fund" wherever it appears in
Minnesota Statutes.
The term "notwithstanding" shall be changed to "regardless
of" in Minnesota Statutes, sections 268.03 to 268.23.
The term "reemployment insurance" shall be changed to
"reemployment compensation" wherever it appears in Minnesota
Statutes.
The term "claimant" shall be changed to "applicant" in
Minnesota Statutes, sections 268.03 to 268.23.
The term "claimants" shall be changed to "applicants" in
Minnesota Statutes, sections 268.03 to 268.23.
The term "a claimant's" shall be changed to "an
applicant's" in Minnesota Statutes, sections 268.03 to 268.23.
Sec. 67. [REPEALER.]
Minnesota Statutes 1998, sections 268.021; and 268.057,
subdivisions 8 and 9; and Minnesota Rules, parts 3305.0100;
3305.0200; 3305.0300; 3305.0400; 3305.0500; 3305.0600;
3305.0700; 3305.0800; 3305.0900; 3305.1100; 3310.1500;
3310.1600; 3310.1700; 3310.1800; 3310.1900; 3310.2000;
3310.2100; 3310.2200; 3310.5100; and 3310.5800, are repealed.
Sec. 68. [EFFECTIVE DATE.]
Section 3 is effective with applications for benefits filed
on and after July 1, 2000.
Section 13 is effective January 1, 2000.
Section 27 is effective January 1, 2001.
Section 41, subdivision 2, is effective July 1, 2000.
Section 42, subdivisions 7 and 8, are effective the day
following final enactment.
Sec. 69. [SUNSET.]
Section 22 expires July 1, 2002.
Presented to the governor April 23, 1999
Signed by the governor April 27, 1999, 11:18 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes