1997 Minnesota Statutes

     268.07 Reemployment insurance account. 

    Subdivision 1.    Application; determination.  (a) An 
 application for reemployment insurance benefits may be made in 
 person, by mail, by telephone, or by electronic transmission as 
 the commissioner shall require.  The commissioner may by rule 
 adopt other requirements for an application. 

    (b) An official, designated by the commissioner, shall 
 promptly examine each application for benefits to determine the 
 base period, the benefit year, the weekly benefit amount 
 payable, if any, and the maximum benefit amount payable, if any. 
 The determination shall be known as the determination of 
 reemployment insurance account.  A written determination of 
 reemployment insurance account must be promptly mailed to the 
 claimant and all base period employers. 

    (c) If a base period employer failed to provide wage 
 information for the claimant as required in section 268.044, the 
 commissioner shall accept a claimant certification as to wage 
 credits, based upon the claimant's records, and issue a 
 determination of reemployment insurance account. 

    (d)(1) The commissioner may, at any time within 24 months 
 from the establishment of a reemployment insurance account, 
 reconsider any determination of reemployment insurance account 
 and make a redetermination if the commissioner finds that the 
 determination was incorrect for any reason.  A written 
 redetermination of reemployment insurance account shall be 
 promptly mailed to the claimant and all base period employers. 

    (2) If a redetermination of reemployment insurance account 
 reduces the weekly or maximum benefit amount payable, any 
 benefits paid greater than the claimant was entitled is an 
 overpayment of those benefits subject to section 268.18, except 
 when, in the absence of fraud, a redetermination is due to an 
 error or omission by an employer in providing wage information 
 as required in section 268.044. 

    Subd. 2.    Weekly benefit amount and duration.  (a) To 
 establish a reemployment insurance account, a claimant must have:

    (1) wage credits in two or more calendar quarters of the 
 claimant's base period; 

    (2) minimum total wage credits equal to or greater than the 
 high quarter wage credits multiplied by 1.25; 

    (3) high quarter wage credits of not less than $1,000.  

    (b) If the commissioner finds that a claimant has 
 established a reemployment insurance account, the weekly benefit 
 amount payable to the claimant during the claimant's benefit 
 year shall be equal to 1/26 of the claimant's high quarter wage 
 credits, rounded to the next lower whole dollar.  

    (c) Notwithstanding paragraph (b), the maximum weekly 
 benefit amount for any reemployment insurance account 
 established during the 12-month period subsequent to June 30 of 
 any year shall be determined on the basis of the reemployment 
 insurance fund balance on December 31 of the preceding year.  If 
 the fund balance is less than $70,000,000 on that date, the 
 maximum weekly benefit amount shall be 66-2/3 percent of the 
 state's average weekly wage; if the fund balance is more than 
 $70,000,000 but less than $100,000,000, the maximum weekly 
 benefit amount is 66 percent of the state's average weekly wage; 
 if the fund balance is more than $100,000,000 but less than 
 $150,000,000, the maximum weekly benefit amount is 65 percent of 
 the state's average weekly wage; if the fund balance is more 
 than $150,000,000 but less than $200,000,000, the maximum weekly 
 benefit amount is 64 percent of the state's average weekly wage; 
 if the fund balance is more than $200,000,000 but less than 
 $250,000,000, the maximum weekly benefit amount is 63 percent of 
 the state's average weekly wage; if the fund balance is more 
 than $250,000,000 but less than $300,000,000, the maximum weekly 
 benefit amount is 62 percent of the state's average weekly wage; 
 if the fund balance is more than $300,000,000 but less than 
 $350,000,000, the maximum weekly benefit amount is 61 percent of 
 the state's average weekly wage; if the fund balance is more 
 than $350,000,000, the maximum weekly benefit amount is 60 
 percent.  The maximum weekly benefit amount shall be computed to 
 the nearest whole dollar.  

    (d) The maximum benefit amount payable on any reemployment 
 insurance account shall equal one-third of the claimant's total 
 wage credits rounded to the next lower dollar, not to exceed 26 
 times the claimant's weekly benefit amount.  

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

    Subd. 3.    Second account requirements.  To establish a 
 second reemployment insurance account following the expiration 
 of a benefit year on a preceding reemployment insurance account, 
 a claimant must have sufficient wage credits to establish a 
 reemployment insurance account under the provisions of 
 subdivision 2 and must have performed services in covered 
 employment after the establishment of the preceding reemployment 
 insurance account.  The wages paid for those services must equal 
 not less than eight times the weekly benefit amount of the 
 preceding reemployment insurance account.  A reemployment 
 insurance account established sufficiently in advance of 
 anticipated unemployment to make the limitations of this 
 paragraph ineffective shall not be allowed.  It is the purpose 
 of this provision to prevent a claimant from establishing more 
 than one reemployment insurance account as a result of one 
 separation from employment. 

    Subd. 3a.    Right of appeal.  (a) A determination or 
 redetermination of a reemployment insurance account shall be 
 final unless a claimant or base period employer within 15 
 calendar days after the mailing of the determination or 
 redetermination to the last known address files a written 
 appeal.  Every determination or redetermination of a 
 reemployment insurance account shall contain a prominent 
 statement indicating in clear language the method of appealing, 
 the time within which the appeal must be made, and the 
 consequences of not appealing.  Proceedings on the appeal shall 
 be conducted in accordance with section 268.105. 

    (b) Any claimant or base period employer may appeal from a 
 determination or redetermination of a reemployment insurance 
 account on the issue of whether an employing unit is an employer 
 within the meaning of this chapter or whether services performed 
 constitute employment within the meaning of this chapter.  
 Proceedings on the appeal shall be conducted in accordance with 
 section 268.105. 

    Subd. 3b.    Limitations.  (a) A reemployment insurance 
 account shall be established the Sunday of the calendar week in 
 which the application for reemployment insurance benefits was 
 made.  If an individual attempted to make an application for a 
 reemployment insurance account, but was prevented from making an 
 application by the department, the reemployment insurance 
 account shall be established the Sunday of the calendar week the 
 individual first attempted to make an application. 

    (b) A reemployment insurance account, once established, may 
 be withdrawn and a new account established only if the claimant 
 has not been credited with a waiting week under section 268.08, 
 subdivision 1, clause (3).  A determination or amended 
 determination pursuant to section 268.101, that was issued 
 before the withdrawal of the reemployment insurance account, 
 shall remain in effect and shall not be voided by the withdrawal 
 of the reemployment insurance account.  A determination of 
 disqualification requiring subsequent earnings to satisfy the 
 disqualification shall apply to the weekly benefit amount on the 
 new account. 

    (c) A reemployment insurance account shall not be 
 established prior to the Sunday following the expiration of the 
 benefit year on a preceding reemployment insurance account. 

    (d) All benefits shall be payable from the Minnesota 
 reemployment insurance fund only for weeks occurring during the 
 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