108.141(3g)(e)
(e) Extended benefits shall not be denied under
par. (a) 2. to a claimant for any week if the failure would not result in a denial of benefits under the law of the state governing eligibility for such benefits to the extent that the law is not inconsistent with this subsection.
108.141(3r)
(3r) Limitation on interstate extended benefits. 108.141(3r)(a)(a) Extended benefits shall not be paid to any individual for a given week if the claim for such benefits is filed outside this state, under interstate claiming arrangements under
s. 108.14 (8), unless an extended benefit period is in effect during that week in the state where the claim is filed.
108.141(3r)(b)
(b) Paragraph (a) does not apply with respect to the first 2 weeks for which extended benefits would be payable except for that paragraph.
108.141(4)
(4) Weekly extended benefit rate. The weekly extended benefit rate payable to an individual for a week of total unemployment is the same as the rate payable to the individual for regular benefits during his or her most recent benefit year as determined under
s. 108.05 (1). No adjustment of rates under
s. 108.05 (2) applies to benefits payable under this section.
108.141(5)(a)(a) Extended benefits are payable to an individual for weeks of unemployment for not more than the least of the amounts determined by the following:
108.141(5)(a)1.
1. One-half the amount of regular benefits which were payable, including benefits canceled pursuant to
s. 108.04 (5), in the individual's most recent benefit year rounded down to the nearest dollar; or
108.141(5)(a)3.
3. Thirty-nine times the extended benefit rate, reduced by the amount of regular benefits paid or deemed paid to the individual under this chapter in his or her most recent benefit year. Benefits withheld due to the application of
s. 108.04 (11) are deemed paid for this purpose.
108.141(5)(b)
(b) The result obtained under
par. (a), which remains unpaid at the expiration of the claimant's benefit year, shall be reduced as required under section 233 (d) of the federal trade act of 1974 as amended.
108.141(6)(a)(a) Whenever an extended benefit period is to become effective as a result of a Wisconsin "on" indicator, or an extended benefit period is to be terminated as a result of a Wisconsin "off" indicator, the secretary of workforce development shall publish it as a class 1 notice under
ch. 985.
108.141(6)(b)
(b) Computations required by
sub. (1) (i) shall be made in accordance with regulations prescribed by the U.S. secretary of labor.
108.141(7)(a)(a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of
ss. 108.17 and
108.18 the department shall charge the share of extended benefits to which
s. 108.04 (1) (f),
(5),
(7) (a),
(c),
(d),
(e),
(k),
(L),
(o),
(p) or
(q),
(7m) or
(8) (a) or
108.07 (3),
(3r),
(5) (b) or
(8) applies to the fund's balancing account.
108.141(7)(b)
(b) The department shall charge the full amount of extended benefits based on employment for a government unit to the account of the government unit, except that if
s. 108.04 (5) or
(7) applies and the government unit has elected contribution financing the department shall charge one-half of the government unit's share of the benefits to the fund's balancing account.
108.141(7)(c)
(c) The department shall charge the full amount of extended benefits based upon employment for an Indian tribe to the account of the Indian tribe.
108.141 History
History: 1971 c. 53;
1973 c. 247;
1975 c. 1,
343;
1977 c. 29,
133,
418;
1979 c. 52;
1981 c. 36 ss.
19 to
32,
45;
1981 c. 315,
390;
1983 a. 8 ss.
28 to
33,
53,
55 (3), (14) and (15) and
56;
1983 a. 27 ss.
1400g and
1807m;
1983 a. 189 ss.
162,
329 (28);
1985 a. 17;
1987 a. 38;
1991 a. 39,
89,
189,
269;
1993 a. 184,
373,
492;
1995 a. 27 ss.
3780,
9130 (4);
1995 a. 118,
225;
1997 a. 3,
35,
39;
2001 a. 35.
108.142
108.142
Wisconsin supplemental benefits. 108.142(1)
(1)
Definitions. As used in this section, unless the context clearly requires otherwise:
108.142(1)(a)
(a) "Wisconsin supplemental benefit period" means a period which:
108.142(1)(a)1.
1. Begins with the 3rd week after which there is a Wisconsin "on" indicator under this section, except that no Wisconsin supplemental benefit period may begin with any week during which there is an extended benefit period under
s. 108.141 in effect, and that no Wisconsin supplemental benefit period may begin before the 14th week following the end of a prior Wisconsin supplemental benefit period; and
108.142(1)(a)2.
2. Ends with the week before any extended benefit period begins under
s. 108.141, or with either of the following weeks, whichever occurs later:
108.142(1)(a)2.a.
a. The 3rd week after the first week for which there is a Wisconsin "off" indicator under this section; or
108.142(1)(a)2.b.
b. The 13th consecutive week of any period during which extended benefits under
s. 108.141 or Wisconsin supplemental benefits in any combination have been payable.
108.142(1)(b)
(b) There is a Wisconsin "on" indicator under this section for a week if the department determines that, for the period consisting of that week and the immediately preceding 12 weeks, the Wisconsin rate of insured unemployment (not seasonally adjusted):
108.142(1)(b)1.
1. Equaled or exceeded 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and equaled or exceeded one percentage point below the percentage specified in
s. 108.141 (1) (f) 1; or
108.142(1)(c)
(c) Except as provided in
sub. (1m), there is a Wisconsin "off" indicator under this section for a week if the department determines that, for the period consisting of that week and the immediately preceding 12 weeks, the Wisconsin rate of insured unemployment (not seasonally adjusted):
108.142(1)(c)1.
1. Was less than one percentage point below the percentage specified in
s. 108.141 (1) (f) 1. and less than 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and
108.142(1)(d)
(d) "Wisconsin rate of insured unemployment" means the percentage of unemployment determined by the department on the basis of its reports to the U.S. secretary of labor and according to the method or methods prescribed by applicable federal law or regulation.
108.142(1)(e)
(e) "Regular benefits" means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to former military personnel pursuant to 5 USC
ch. 85, other than extended benefits under
s. 108.141 and federal supplemental compensation.
108.142(1)(f)
(f) "Wisconsin supplemental benefits" means benefits payable to an individual under this section for weeks of unemployment in his or her eligibility period.
108.142(1)(g)
(g) "Eligibility period" of an individual means the period consisting of the weeks in his or her benefit year which begin in a Wisconsin supplemental benefit period and, if the individual's benefit year ends within that Wisconsin supplemental benefit period, any weeks thereafter which begin in that period.
108.142(1)(h)
(h) "Exhaustee" means an individual who, with respect to any week of unemployment in his or her eligibility period:
108.142(1)(h)1.
1. Has received, prior to that week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and former military personnel under 5 USC
ch. 85, in the individual's current benefit year that includes that week or is precluded from receiving regular benefits by reason of the law of another state which meets the requirement of section
3304 (a) (7) of the internal revenue code or is precluded from receiving regular benefits by reason of a seasonal limitation in the law of another state. An individual is considered to have received all of the regular benefits that were available to the individual although as a result of a pending appeal under
s. 108.09 or
108.10 the individual may subsequently be determined to be entitled to added regular benefits; or
108.142(1)(h)2.
2. His or her benefit year having expired in the Wisconsin supplemental benefit period and prior to that week, lacks base period wages on the basis of which he or she could establish a benefit year under
s. 108.06; and
108.142(1)(h)3.
3. Has no right to unemployment benefits or allowances under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S. secretary of labor, and has not received and is not seeking unemployment benefits under the unemployment insurance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under that law, the individual is an "exhaustee".
108.142(1)(i)
(i) "State law" means the unemployment insurance law of any state, approved by the U.S. secretary of labor under section
3304 of the internal revenue code.
108.142(1e)
(1e) Suspension. No Wisconsin supplemental benefits may be paid for any week of unemployment beginning earlier than January 26, 2003.
Effective date note
NOTE: Sub. (1e) is repealed eff. 1-1-04 by
2001 Wis. Act 43.
108.142(1m)
(1m) Additional federally funded benefits. The governor may, by executive order, elect to establish a Wisconsin "off" indicator in order to allow for the payment of additional federally funded benefits in lieu of Wisconsin supplemental benefits during a period specified in the order, if such an election is permitted by federal law. Any such indicator is effective at the beginning of the week in which additional federally funded benefits are initially payable or the beginning of the 4th week after the week in which the governor issues the order, whichever is later.
108.142(2)
(2) Effect of other provisions of this chapter. Except when the result would be inconsistent with the other provisions of this section, the provisions of this chapter which apply to claims for, or the payment of, regular benefits apply to claims for, and the payment of, Wisconsin supplemental benefits.
108.142(3)
(3) Weekly Wisconsin supplemental benefit rate. The weekly Wisconsin supplemental benefit rate payable to an individual for a week of total unemployment is an amount equal to the amount determined under
s. 108.05 (1).
108.142(4)
(4) Duration of Wisconsin supplemental benefits. During a Wisconsin supplemental benefit period, no claimant may receive total benefits based on employment in a base period greater than 34 times the claimant's weekly benefit rate under
s. 108.05 (1) or 40% of wages paid or payable to the claimant in his or her base period under
s. 108.04 (4) (a), whichever is lower.
108.142(5)
(5) Publish indicators. Whenever a Wisconsin supplemental benefit period is to become effective as a result of a Wisconsin "on" indicator under this section, or a Wisconsin supplemental benefit period is to be terminated as a result of a Wisconsin "off" indicator under this section, the secretary of workforce development shall publish it as a class 1 notice under
ch. 985.
108.142(6)
(6) Charges of benefits. Wisconsin supplemental benefits shall be charged in the same manner as provided for charging of regular benefits under
s. 108.16 (2).
108.143
108.143
Temporary supplemental benefits. 108.143(1)(a)
(a) "Eligibility period" means the period consisting of the weeks in an individual's benefit year that begin in a temporary supplemental benefit period and, if an individual's benefit year ends within a temporary supplemental benefit period, any week thereafter that begins in a temporary supplemental benefit period in which an individual would have remaining benefit entitlement under this section if the week had begun in the individual's benefit year.
108.143(1)(b)
(b) "Exhaustee" means an individual who, with respect to any week of unemployment in his or her eligibility period:
108.143(1)(b)1.
1. Has received, prior to that week, in his or her benefit year which includes that week, all of the regular benefits that were potentially payable to that individual under state or federal law, including dependents' allowances, or is precluded from receiving regular benefits by reason of the law of another state which meets the requirement of
26 USC 3304 (a) (7);
108.143(1)(b)2.
2. Lacks sufficient base period wages under
s. 108.04 (4) (a) or employment or other work under
s. 108.04 (4) (c) to establish a benefit year under
s. 108.06 subsequent to a benefit year which expired prior to that week, and in the temporary supplemental benefit period which includes that week;
108.143(1)(b)3.
3. Has no right to unemployment assistance under the Railroad Unemployment Insurance Act or other federal laws as are specified in regulations of the federal department of labor, and has not received and is not applying for unemployment insurance under the laws of Canada, unless the individual is applying for that insurance and the appropriate Canadian agency finally determines that he or she is not entitled to that insurance; and
108.143(1)(b)4.
4. Is not eligible to receive for that week and was not eligible to receive for any earlier week in his or her eligibility period extended benefits under
s. 108.141 or other supplemental unemployment assistance funded in whole or in part by the federal government that is determined by the secretary of workforce development to serve as an unemployment insurance benefit program.
108.143(1)(c)
(c) "Regular benefits" means unemployment insurance benefits payable to an individual under state law or federal law, including benefits payable to federal civilian employees and to ex-servicemen under 5 USC
ch. 85, other than extended benefits under
s. 108.141, federal supplemental compensation, and Wisconsin supplemental benefits under
s. 108.142.
108.143(1)(d)
(d) "State law" means the unemployment insurance law of any state, approved by the federal secretary of labor under
26 USC 3304.
108.143(1)(e)
(e) "Temporary supplemental benefit period" means the period beginning on March 3, 2002, and ending on December 28, 2002.
108.143(1)(f)
(f) "Temporary supplemental benefits" means benefits payable to an individual under this section for weeks of unemployment in his or her eligibility period.
108.143(2)
(2) Eligibility requirements for temporary supplemental benefits. An individual is eligible to receive temporary supplemental benefits for any week of unemployment beginning on or after March 3, 2002, and ending on or before December 28, 2002, if:
108.143(2)(a)
(a) That week is in the individual's eligibility period;
108.143(2)(b)
(b) The individual established a benefit year which began on or after March 11, 2001;
108.143(2)(d)
(d) The individual is not disqualified and has satisfied the other requirements of this chapter for the payment of regular benefits.
108.143(3)
(3) Receipt of regular benefits. For purposes of this section, an individual is considered to have received all regular benefits that were available to the individual in his or her benefit year which includes any week of unemployment in his or her eligibility period notwithstanding that:
108.143(3)(a)
(a) The individual may subsequently be determined to be entitled to additional regular benefits as a result of a pending appeal under
s. 108.09 or
108.10 which were not included in the determination or decision under appeal; or
108.143(3)(b)
(b) The individual is precluded from receiving regular benefits by reason of a seasonal limitation in the law of another state.
108.143(4)
(4) Weekly temporary supplemental benefit rate. The weekly temporary supplemental benefit rate payable to a claimant for a week of total unemployment is the same as the rate payable to the claimant for regular benefits during his or her most recent benefit year as determined under
s. 108.05 (1). No subsequent adjustment of the benefit rates in the schedules under
s. 108.05 (1) applies to benefits payable under this section.
108.143(5)
(5) Maximum temporary supplemental benefit entitlement. No claimant may receive total temporary supplemental benefits greater than the lesser of:
108.143(5)(a)
(a) Fifty percent of the amount of regular benefits that were payable to the claimant in the claimant's most recent benefit year, rounded down to the nearest dollar; or
108.143(5)(b)
(b) Eight times the claimant's weekly temporary supplemental benefit rate.
108.143(6)
(6) Effect of other provisions of this chapter. The provisions of this chapter which apply to claims for, or the payment of, regular benefits apply to claims for, and the payment of, temporary supplemental benefits, except when the result would be inconsistent with other provisions of this chapter.
108.143(7)
(7) Charges of benefits. The department shall charge to the fund's balancing account the cost of temporary supplemental benefits paid to a claimant that are otherwise chargeable to the account of an employer that is subject to the contribution requirements of
ss. 108.17 and
108.18. The department shall charge the cost of temporary supplemental benefits based upon employment by an employer that is not subject to the contribution requirements of
ss. 108.17 and
108.18 in accordance with
s. 108.07 (5).
Effective date note
NOTE: This section is repealed eff. 1-1-04 by
2001 Wis. Act 43.
108.143 History
History: 2001 a. 43.
108.145
108.145
Disaster unemployment assistance. The department shall administer under
s. 108.14 (9m) the distribution of disaster unemployment assistance to workers in this state who are not eligible for benefits whenever such assistance is made available by the president of the United States under
26 USC 5177 (a). In determining eligibility for assistance and the amount of assistance payable to any worker who was totally self-employed during the first 4 of the last 5 most recently completed quarters preceding the date on which the worker claims assistance, the department shall not reduce the assistance otherwise payable to the worker because the worker receives one or more payments under the social security act (
42 USC 301 et seq.) for the same week that the worker qualifies for such assistance.
108.145 History
History: 1993 a. 373.
108.15
108.15
Benefits for public employees. 108.15(1)
(1)
Benefit payments. Benefits shall be payable from the fund to any public employee, if unemployed and otherwise eligible, based on "employment" by any government unit which is an "employer" covered by this chapter.
108.15(2)
(2) Reimbursement financing. The state and every other government unit which is an employer subject to this chapter shall be subject to all its provisions except that, in lieu of contributions under
ss. 108.17 and
108.18, it shall reimburse the fund for benefits charged to its account.
108.15(3)
(3) Election of contribution financing. Any government unit other than the state may, in lieu of the reimbursement requirement of
sub. (2), elect contribution financing under
ss. 108.17 and
108.18 as of the beginning of any calendar year, subject to the following requirements:
108.15(3)(a)
(a) It shall file a written notice to that effect with the department before the beginning of such year except that if the government unit became newly subject to this chapter as of the beginning of such year, it shall file the notice within 30 days after the date of mailing to it a written notification by the department that it is subject to this chapter. Such election shall remain in effect for not less than 3 calendar years.
108.15(3)(b)
(b) A government unit may thereafter terminate its election of contribution financing effective at the end of any calendar year by filing a written notice to that effect with the department before the close of such year.
108.15(3)(c)
(c) No election or termination of election of contribution financing is effective if the government unit, at the time of filing notice of such election or termination of election, is delinquent under
s. 108.22.
108.15(3)(d)
(d) If a government unit elects contribution financing for any calendar year after the first calendar year it becomes newly subject to this chapter, it shall be liable to reimburse the fund for any benefits based on prior employment. If a government unit terminates its election of contribution financing,
ss. 108.17 and
108.18 shall apply to employment in the prior calendar year, but after all benefits based on such prior employment have been charged to its contribution account any balance remaining in such account shall be transferred to the balancing account.
108.15(3)(e)
(e) Each time a government unit elects or reelects contribution financing its initial contribution rate shall be 2.7% on its payroll for each of the first 3 calendar years in which such election or reelection is in effect. If a government unit terminates its election of contribution financing it may not reelect contribution financing within a period of 3 calendar years thereafter.
