2001 Minnesota Statutes

     268.069 Payment of unemployment benefits. 

    Subdivision 1.    Requirements.  The commissioner shall 
 pay unemployment benefits from the fund to an applicant who has 
 met each of the following requirements: 

    (1) the applicant has filed an application for unemployment 
 benefits and established a benefit account in accordance with 
 section 268.07; 

    (2) the applicant is not subject to a disqualification from 
 unemployment benefits under section 268.095; 

    (3) the applicant has met all of the ongoing weekly 
 eligibility requirements under sections 268.085 and 268.086; 

    (4) the applicant does not have an outstanding overpayment 
 of unemployment benefits, including any penalties or interest, 
 under section 268.18; and 

    (5) the applicant is not subject to a denial of 
 unemployment benefits under section 268.182. 

    Subd. 2.    Unemployment benefits paid from state funds. 
  Unemployment benefits are paid from state funds and shall not 
 be considered paid from any special insurance plan, nor as paid 
 by an employer.  An application for unemployment benefits shall 
 not be considered a claim against an employer but shall be 
 considered a request for unemployment benefits from the fund.  
 The commissioner has the responsibility for the proper payment 
 of unemployment benefits regardless of the level of interest or 
 participation by an applicant or an employer in any 
 determination or appeal.  An applicant's entitlement to 
 unemployment benefits shall be determined based upon that 
 information available without regard to any common law burden of 
 proof, and any agreement between an applicant and an employer 
 shall not be binding on the commissioner in determining an 
 applicant's entitlement.  There shall be no presumption of 
 entitlement or nonentitlement to unemployment benefits. 

    Subd. 3.    Common law.  There shall be no equitable or 
 common law denial or allowance of unemployment benefits.  

    HIST: 1997 c 66 s 28; 1998 c 265 s 45; 1999 c 107 s 40,66; 
 2000 c 343 s 4