1998 Minnesota Statutes

     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