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Chapter 268

Section 268.07

Recent History

268.07 Benefit account.

Subdivision 1. Application for benefits; determination of benefit account. (a) An application for benefits may be filed in person, by mail, by telephone, or by electronic transmission as the commissioner shall require. The applicant must provide all requested information in the manner required. If the applicant fails to provide all requested information, the communication shall not be considered an application for benefits.

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

(c) If a base period employer did not provide wage information for the applicant as provided for in section 268.044, the commissioner shall accept an applicant certification as to wage credits, based upon the applicant's records, and issue a determination of benefit account.

(d) The commissioner may, at any time within 24 months from the establishment of a benefit account, reconsider any determination of benefit account and make a redetermination if the commissioner finds that the determination was incorrect for any reason. A redetermination shall be promptly sent to the applicant and all base period employers, by mail or electronic transmission.

If a redetermination of benefit account reduces the weekly benefit amount or maximum amount of benefits available, any benefits that have been paid greater than the applicant was redetermined entitled is considered an overpayment 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 benefit account, an applicant must have:

(1) high quarter wage credits of at least $1,000; and

(2) wage credits, in other than the high quarter, of at least $250.

(b) If an applicant has established a benefit account, the weekly benefit amount available during the benefit year shall be the higher of:

(1) 50 percent of the applicant's average weekly wage during the base period, to a maximum of 66-2/3 percent of the state's average weekly wage; or

(2) 50 percent of the applicant'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 applicant's average weekly wage under clause (1) shall be computed by dividing the total wage credits by 52. The applicant's average weekly wage under clause (2) shall be computed by dividing the high quarter wage credits by 13.

(c) The state's maximum weekly benefit amount and the applicant's weekly benefit amount and maximum amount of benefits shall be rounded down to the next lowest whole dollar.

(d) The maximum amount of benefits available on any benefit account shall be 33-1/3 percent of the applicant's total wage credits to a maximum of 26 times the applicant's weekly benefit amount.

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

Subd. 3. Second benefit account requirements. To establish a second benefit account following the expiration of a benefit year on a prior benefit account, an applicant must have sufficient wage credits to establish a benefit account under subdivision 2 and must have performed services in covered employment after the effective date of the prior benefit account. The wages paid for that employment must equal not less than eight times the weekly benefit amount of the prior benefit account. A benefit account established sufficiently in advance of anticipated loss of employment to make the limitations of this subdivision ineffective shall not be allowed. The purpose of this subdivision is to prevent an applicant from establishing more than one benefit account as a result of one loss of employment.

Subd. 3a. Right of appeal. (a) A determination or redetermination of a benefit account shall be final unless an applicant 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 benefit account shall contain a prominent statement indicating in clear language the consequences of not appealing. Proceedings on the appeal shall be conducted in accordance with section 268.105.

(b) Any applicant or base period employer may appeal from a determination or redetermination of a 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 benefit account shall be established effective the Sunday of the calendar week that the application for benefits was filed. If an individual attempted to file an application for benefits, but was prevented from filing an application by the department, the benefit account shall be effective the Sunday of the calendar week the individual first attempted to file an application.

(b) A benefit account, once established, may later be withdrawn only if:

(1) a new application for benefits is filed and a new benefit account is established at the time of the withdrawal; and

(2) the applicant has not 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 benefit account, shall remain in effect and shall not be voided by the withdrawal of the 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) An application for benefits shall not be allowed prior to the Sunday following the expiration of the benefit year on a prior benefit account. Except as allowed under paragraph (b), a applicant may establish only one benefit account each 52 calendar weeks.

(d) All benefits shall be available from the fund only for weeks occurring during the applicant's 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; 1999 c 107 s 41,66

* NOTE: The amendment to subdivision 2 by Laws 1999, chapter *107, section 41, is effective July 1, 2000. Laws 1999, chapter *107, section 68.