2006 Minnesota Statutes

268.069 PAYMENT OF UNEMPLOYMENT BENEFITS.
    Subdivision 1. Requirements. The commissioner shall pay unemployment benefits from the
trust 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 because of a quit or discharge;
(3) the applicant has met all of the ongoing 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; and
(5) the applicant is not ineligible for unemployment benefits under section 268.182 because
of a false representation or concealment of facts.
    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 trust 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.
History: 1997 c 66 s 28; 1998 c 265 s 45; 1999 c 107 s 40,66; 2000 c 343 s 4; 1Sp2003 c
3 art 2 s 20; 2005 c 112 art 2 s 15