2004 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, 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, or provided erroneous information, the commissioner may 
 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 45 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 an applicant's weekly unemployment benefit amount and 
 maximum amount of unemployment benefits available shall be 
 rounded down to the next lower whole dollar.  The state's 
 maximum weekly benefit amount, computed in accordance with 
 section 268.035, subdivision 23, shall apply to a benefit 
 account established effective on or after the first Sunday in 
 August.  Once established, an applicant's weekly unemployment 
 benefit amount shall not be affected by the first Sunday in 
 August change in the state's maximum weekly unemployment benefit 
 amount.  

    (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.  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 
 unemployment 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 
 trust 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; 1Sp2003 c 3 art 1 s 7; art 2 
 s 8,20; 2004 c 183 s 50-52