1998 Minnesota Statutes

     268.155 Child support intercept of reemployment 
  insurance 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) "Child support obligations" means obligations which are 
 being enforced by the public agency responsible for child 
 support enforcement pursuant to a plan described in section 454 
 of the Social Security Act which has been approved by the 
 secretary of health and human services under part D of title IV 
 of the Social Security Act; 

    (c) "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 for a 
 reemployment insurance account, the claimant shall disclose 
 whether or not the claimant owes child support obligations.  If 
 the claimant discloses that the claimant owes child support 
 obligations, and establishes a reemployment insurance account, 
 the commissioner shall 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 
 payable to a claimant that 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) The amount determined pursuant to an agreement 
 submitted to the commissioner under 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.  

    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.  

    Subd. 5.    Effect of payments.  Any amount deducted and 
 withheld under subdivision 3 shall for all purposes be treated 
 as if it were paid to the claimant as reemployment insurance and 
 paid by the claimant to the public agency responsible for child 
 support enforcement in satisfaction of the claimant's child 
 support obligations.  

    Subd. 6.    Reimbursement of costs.  Appropriate 
 arrangements shall be made for reimbursement by the child 
 support agency for the administrative costs incurred by the 
 commissioner under this subdivision 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. 

    HIST: 1Sp1982 c 1 s 22; 1986 c 444; 1987 c 384 art 2 s 67; 
 1994 c 488 s 8; 1996 c 417 s 10-12; 1997 c 66 s 79,80; 1997 c 
 203 art 6 s 92