1998 Minnesota Statutes

     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 a continued claim 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; 

    (2) the claimant was able to work and was available for 
 employment, and was actively seeking 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 
 to a claimant who is in training with the approval of the 
 commissioner. 

    A claimant serving as a juror shall be considered as 
 available for employment and actively seeking employment on 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 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 account under section 268.07; and 

    (4) the claimant has been participating in reemployment 
 services, such as job search assistance services, if the 
 claimant has been determined likely to exhaust benefits and in 
 need of reemployment services pursuant to a profiling system 
 established by the commissioner, unless there is justifiable 
 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 of a reemployment 
 insurance account; 

    (2) that occurs in a period when the claimant is a student 
 in attendance at, or on vacation from a secondary school; 

    (3) that the claimant is incarcerated.  The claimant's 
 weekly benefit amount shall be reduced by one-fifth for each day 
 the claimant is incarcerated; 

    (4) that the claimant is on a voluntary leave of absence.  
 A claimant unemployed as a result of a uniform vacation shutdown 
 shall not be considered on a voluntary leave of absence; 

    (5) that the claimant is performing services 32 hours or 
 more, in employment, covered employment, noncovered employment, 
 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 for reemployment insurance 
 benefits under any 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 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, 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 paid directly by the employer for a 
 period of requested vacation, including vacation periods 
 assigned by the employer under a collective bargaining 
 agreement, or 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 under other insurance or 
 fund established and paid for by the 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 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 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 
 reduced by the amount of the payment; provided, further, that 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 
 an application for a reemployment insurance account and when 
 making continued claims 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 there shall be deducted from the claimant's weekly 
 benefit amount otherwise payable for that week, 50 percent of 
 the weekly equivalent of the social security benefit. 

    (b) In addition to paragraph (a), 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. 

    (c) Any claimant who receives social security benefits, 
 that would cause the claimant to be ineligible under this 
 subdivision, for weeks that the claimant received reemployment 
 insurance benefits shall be considered overpaid reemployment 
 insurance benefits under section 268.18. 

    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, from employment, covered employment, 
 noncovered employment, self-employment, or volunteer work, that 
 is less than the claimant's weekly benefit amount, 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; 
 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 for benefits at the nearest whole dollar amount.

    Subd. 6.    Receipt of back pay.  Back pay received by a 
 claimant with respect to any weeks occurring in the 104 weeks 
 prior to the payment of the back pay shall be deducted from 
 benefits paid for those weeks.  

    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 the back pay awarded the claimant is reduced by benefits 
 paid, the amounts withheld shall be:  (a) paid by the employer 
 into the fund within 30 days of the award and are subject to the 
 same collection procedures that apply to past due taxes under 
 this chapter; (b) applied to benefit overpayments resulting from 
 the payment of the back pay; (c) credited to the claimant's 
 maximum amount of benefits payable in a benefit year that 
 includes the weeks for which back pay was deducted.  Benefit 
 charges for those weeks shall be removed from the employer's 
 account as of the calendar quarter that the fund receives 
 payment.  

    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 capacity may be used for benefit 
 purposes for any week beginning during a 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 
 academic years or terms; 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 academic years 
 or terms, that is substantially similar to the employment of the 
 first academic years or terms; 

    (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.  A claimant 
 who has an agreement for a definite period of employment between 
 academic years or terms shall be eligible for any weeks within 
 that period the educational institution or institutions fail to 
 provide employment.  If benefits are denied to any claimant 
 under this paragraph and the claimant was not offered an 
 opportunity to perform the employment in the second of the 
 academic years or term, the claimant shall be entitled to 
 retroactive benefits for each week that the claimant filed a 
 timely continued claim for benefits, but benefits were denied 
 solely because of this paragraph; 

    (c) With respect to employment described in 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 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) 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) shall 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) Paragraphs (a), (b), and (c) shall apply beginning the 
 Sunday of the week that there is a contract or reasonable 
 assurance of employment. 

    (g) Employment with multiple education institutions shall 
 be aggregated for purposes of application of this subdivision. 

    (h) 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; 

    (2) the contract was for services that the educational 
 institution 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 employment.  (a) If a claimant has 
 wage credits from seasonal employment, benefits shall be payable 
 only if the claimant can establish a reemployment insurance 
 account under section 268.07, subdivision 2, excluding the wage 
 credits from seasonal employment.  For purposes of this 
 subdivision, "seasonal employment" means 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 employment may not be used 
 for benefit purposes during weeks outside the normal season. 

    Subd. 11.    Professional athletes.  Benefits shall not 
 be paid to a claimant on the basis of any wage credits from 
 employment that substantially consists of 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 the 
 claimant was so employed in the first season (or similar period) 
 and there is a reasonable assurance that the claimant will be so 
 employed in the following season (or similar periods). 

    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. 

    (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 for 30 calendar days or 
 less, as a result of 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 for more than 30 calendar 
 days shall be considered a discharge from employment under 
 section 268.095, subdivision 5. 

    HIST: (4337-26) Ex1936 c 2 s 6; 1937 c 43 s 2; 1937 c 306 s 4; 
 1939 c 443 s 5; 1941 c 554 s 5; 1943 c 650 s 4; 1945 c 376 s 5; 
 1949 c 605 s 9; 1953 c 97 s 9; 1953 c 699 s 10; 1965 c 741 s 
 14-16; 1969 c 6 s 34; 1971 c 942 s 9,10; 1973 c 599 s 6-8; 1975 
 c 104 s 2; 1975 c 336 s 13-15; 1975 c 359 s 23; 1976 c 163 s 59; 
 1976 c 271 s 78; 1977 c 4 s 7; 1977 c 297 s 15-18; 1978 c 612 s 
 1; 1979 c 24 s 1; 1979 c 181 s 9,10,19; 1980 c 508 s 8; 1Sp1982 
 c 1 s 23-25; 1983 c 290 s 168; 1983 c 372 s 20-24; 1985 c 248 s 
 44; 1986 c 444; 1987 c 362 s 18; 1987 c 384 art 1 s 55; 1987 c 
 385 s 20-22; 1989 c 209 art 2 s 1; 1989 c 282 art 2 s 169; 1990 
 c 516 s 4; 1991 c 265 art 11 s 22; 1992 c 484 s 10; 1993 c 67 s 
 3,4; 1994 c 488 s 2,3,8; 1995 c 54 s 8,9; 1995 c 231 art 1 s 32; 
 1996 c 417 s 18,31; 1997 c 66 s 36-42; 1998 c 265 s 24,45