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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 268

Section 268.07

Recent History

268.07 Reemployment insurance account.

Subdivision 1. Application; determination. (a) An application for reemployment insurance benefits may be made 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.

(b) The commissioner shall promptly examine each application for benefits to determine the base period, the benefit year, the weekly benefit amount payable, if any, and the maximum amount of benefits payable, if any. The determination shall be known as the determination of reemployment insurance account. A determination of reemployment insurance account must be promptly sent to the claimant and all base period employers, by mail or electronic transmission.

(c) If a base period employer failed to provide wage information for the claimant as required 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 account.

(d)(1) The commissioner may, at any time within 24 months from the establishment of a reemployment insurance account, reconsider any determination of reemployment insurance 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 account reduces the weekly benefit amount or maximum amount of benefits payable, any benefits paid greater than the claimant was entitled is an overpayment subject to section 268.18.

Subd. 2. Weekly benefit amount and maximum amount of benefits. (a) To establish a reemployment insurance 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 $1,000.

(b) If the commissioner finds that a claimant has established a reemployment insurance account, the weekly benefit amount payable 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 shall be computed to the nearest whole dollar.

(d) The maximum amount of benefits payable on any reemployment insurance account shall equal one-third of the claimant's total wage credits rounded to the next lower dollar, not to exceed 26 times the claimant's weekly benefit amount.

Subd. 2a. Repealed by amendment, 1996 c 417 s 9

Subd. 3. Second account requirements. To establish a second reemployment insurance account following the expiration of a benefit year on a prior reemployment insurance account, a claimant must have sufficient wage credits to establish a reemployment insurance account under subdivision 2 and must have performed services in covered employment after the effective date of the prior reemployment insurance account. The wages paid for that employment must equal not less than eight times the weekly benefit amount of the prior reemployment insurance account. A reemployment insurance account established sufficiently in advance of anticipated unemployment 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 account as a result of one separation from employment.

Subd. 3a. Right of appeal. (a) A determination or redetermination of a reemployment insurance 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 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 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 account shall be established the Sunday of the calendar week that the application for reemployment insurance benefits was made. If an individual attempted to make an application for a reemployment insurance account, but was prevented from making an application by the department, the reemployment insurance account shall be established the Sunday of the calendar week the individual first attempted to make an application.

(b) A reemployment insurance account, once established, may be withdrawn and a new account established only if the claimant has not been credited with 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 account, shall remain in effect and shall not be voided by the withdrawal of the reemployment insurance account. A determination of disqualification requiring subsequent earnings to satisfy the disqualification shall apply to the weekly benefit amount on the new account.

(c) A reemployment insurance account shall not be established prior to the Sunday following the expiration of the benefit year on a prior reemployment insurance account.

(d) All benefits shall be payable from the fund only for weeks occurring during the benefit year.

Subd. 4. MS 1949 Repealed, 1951 c 442 s 3

Subd. 4. MS 1980 Repealed, 1Sp1982 c 1 s 43

Subd. 5. Repealed, 1975 c 336 s 25

Subd. 6. Repealed, 1947 c 32 s 9

HIST: (4337-25) Ex1936 c 2 s 5; 1937 c 306 s 3; 1939 c 443 s 4; 1941 c 554 s 4; 1943 c 650 s 3; 1945 c 376 s 4; 1947 c 432 s 6; 1949 c 605 s 7,8; 1951 c 442 s 3; 1953 c 587 s 1; 1955 c 816 s 1; 1957 c 780 s 1; 1965 c 741 s 12,13; 1967 c 573 s 4; 1969 c 854 s 7; 1971 c 408 s 1; 1971 c 942 s 7,8; Ex1971 c 10 s 1; 1973 c 599 s 5; 1975 c 104 s 1; 1975 c 336 s 11; 1977 c 4 s 6; 1977 c 297 s 12; 1979 c 284 s 1; 1Sp1982 c 1 s 13-15; 1983 c 372 s 17,18; 1985 c 248 s 70; 1986 c 444; 1987 c 242 s 2; 1987 c 362 s 13-15; 1987 c 385 s 19; 1989 c 65 s 6,7; 1989 c 209 art 2 s 1; 1990 c 516 s 3; 1992 c 484 s 8; 1996 c 417 s 9,31; 1997 c 66 s 29-32,79; 1998 c 265 s 23; 1998 c 408 s 3