2002 Minnesota Statutes

     268.07 Benefit account. 

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

    (b) The commissioner shall examine each application for 
 unemployment benefits to determine the base period and the 
 benefit year, and based upon all the covered employment in the 
 base period the commissioner shall determine the weekly 
 unemployment benefit amount available, if any, and the maximum 
 amount of unemployment 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 an amended 
 determination if the commissioner finds that the determination 
 was incorrect for any reason.  An amended determination shall be 
 promptly sent to the applicant and all base period employers, by 
 mail or electronic transmission. 

    If an amended determination of benefit account reduces the 
 weekly unemployment benefit amount or maximum amount of 
 unemployment benefits available, any unemployment benefits that 
 have been paid greater than the applicant was entitled is 
 considered an overpayment of unemployment benefits under section 
 268.18, subdivision 1. 

    Subd. 2.    Benefit account requirements and weekly 
 unemployment benefit amount and maximum amount of unemployment 
 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 unemployment 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 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 unemployment benefit amount 
 and the applicant's weekly unemployment benefit amount and 
 maximum amount of unemployment benefits shall be rounded down to 
 the next lowest whole dollar.  

    (d) The maximum amount of unemployment benefits available 
 on any benefit account shall be the lower of: 

    (1) 33-1/3 percent of the applicant's total wage credits; 
 or 

    (2) 26 times the applicant's weekly unemployment 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 unemployment 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 
 amended determination of benefit account shall be final unless 
 an applicant or base period employer within 30 calendar days 
 after the sending of the determination or amended determination 
 files an appeal.  Every determination or amended determination 
 of 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 amended determination of 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 unemployment benefits was filed.  Upon 
 specific request of an applicant, an application for benefits 
 may be backdated one calendar week prior to the Sunday of the 
 week the application was actually filed.  An application shall 
 be backdated only if the applicant was unemployed throughout the 
 period of the backdating.  If an individual attempted to file an 
 application for unemployment 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 unemployment 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 unemployment benefit amount on the new 
 benefit account. 

    (c) An application for unemployment 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 unemployment 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; 
 2000 c 343 s 4; 2001 c 175 s 23-26