108.14(12)(b)
(b) Consistently with said provisions of said Title III, any such moneys, received prior to July 1, 1941, and remaining unencumbered on said date or received on or after said date, which, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by said agency for the proper administration of this chapter, shall be replaced within a reasonable time. This paragraph is the declared policy of this state, as enunciated by the 1941 legislature, and shall be implemented as further provided in this subsection.
108.14(12)(c)
(c) If it is believed that any amount of money thus received has been thus lost or improperly expended, the department on its own motion or on notice from said agency shall promptly investigate and determine the matter and shall, depending on the nature of its determination, take such steps as it may deem necessary to protect the interests of the state.
108.14(12)(d)
(d) If it is finally determined that moneys thus received have been thus lost or improperly expended, then the department shall either make the necessary replacement from those moneys in the administrative account specified in
s. 108.20 (2m) or shall submit, at the next budget hearings conducted by the governor and at the budget hearings conducted by the next legislature convened in regular session, a request that the necessary replacement be made by an appropriation from the general fund.
108.14(12)(e)
(e) This subsection shall not be construed to relieve this state of any obligation existing prior to its enactment with respect to moneys received prior to July 1, 1941, pursuant to said Title III.
108.14(13)
(13) The department may, with the advice of the council on unemployment insurance, by general rule modify or suspend any provision of this chapter if and to the extent necessary to permit continued certification of this chapter for grants to this state under Title III of the federal social security act and for maximum credit allowances to employers under the federal unemployment tax act.
108.14(14)
(14) The department shall fully cooperate with the agencies of other states, and shall make every proper effort within its means, to oppose and prevent any further action which would in its judgment tend to effect complete or substantial federalization of state unemployment insurance funds or state employment security programs.
108.14(15)
(15) The department may make, and may cooperate with other appropriate agencies in making, studies as to the practicality and probable cost of possible new state-administered social security programs, and the relative desirability of state, rather than national, action in any such field.
108.14(16)
(16) The department shall have duplicated or printed, and shall distribute without charge, such employment security reports, studies and other materials, including the text of this chapter and instructional or explanatory pamphlets for employers or workers, as it deems necessary for public information or for the proper administration of this chapter; but the department may collect a reasonable charge, which shall be credited to the administrative account, for any such item the cost of which is not fully covered by federal administrative grants.
108.14(17)
(17) To help provide suitable quarters for the administration of this chapter at the lowest practicable long-run cost, the department may, with the governor's approval and subject to all relevant statutory requirements, use part of the moneys available for such administration under
s. 20.445 (1) (n) to buy suitable real property, or to help construct suitable quarters on any state-owned land, or for the long-term rental or rental-purchase of suitable land and quarters. In each such case full and proper use shall be made of any federal grants available for the administration of this chapter.
108.14(18)
(18) No later than the end of the month following each quarter in which the department expends moneys derived from assessments levied under
s. 108.19 (1e), the department shall submit a report to the council on unemployment insurance describing the use of the moneys expended and the status at the end of the quarter of any project for which moneys were expended.
108.14(19)
(19) On or about February 15 annually, the department shall prepare and furnish to the council on unemployment insurance a report summarizing the department's activities related to detection and prosecution of unemployment insurance fraud in the preceding year.
108.14 History
History: 1971 c. 53;
1973 c. 90 s.
559;
1973 c. 247;
1975 c. 343;
1977 c. 29,
133;
1977 c. 196 s.
131;
1977 c. 272 s.
98;
1979 c. 34 s.
2102 (25) (a);
1979 c. 110 s.
60 (11);
1979 c. 221;
1981 c. 36 ss.
18,
45;
1983 a. 8 s.
54;
1983 a. 189 s.
329 (28);
1983 a. 388;
1985 a. 17;
1985 a. 29 ss.
1664 to
1668,
3202 (29);
1985 a. 332;
1987 a. 38,
255;
1989 a. 77,
139,
303,
359;
1991 a. 89;
1993 a. 373,
490,
492;
1995 a. 27,
118,
225;
1997 a. 39;
1999 a. 83;
2001 a. 35,
105.
108.14 Cross-reference
Cross Reference: See also ch.
DWD 100 to ch.
DWD 150, Wis. adm. code.
108.14 Annotation
Provisions for aggregation of multi-jurisdictional employment and wages do not affect eligibility except when the state's disqualification of a claimant is based on change in jurisdiction. Fox Valley Vocational, Technical & Adult Educational District v. LIRC,
125 Wis. 2d 285,
371 N.W.2d 811 (Ct. App. 1985).
108.141(1)(1)
Definitions. As used in this section, unless the context clearly requires otherwise:
108.141(1)(a)
(a) "Eligibility period" of an individual means the period consisting of the weeks in the individual's benefit year which begin in an extended benefit period and, if the individual's benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
108.141(1)(b)
(b) "Exhaustee" means an individual who, with respect to any week of unemployment in the individual's eligibility period:
108.141(1)(b)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
108.141(1)(b)2.
2. His or her benefit year having expired in the extended benefit period and prior to such week, lacks base period wages on the basis of which he or she could establish a benefit year under
s. 108.06; and
108.141(1)(b)3.
3. Has no right to unemployment benefits or allowances, as the case may be, 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 such law he or she is an exhaustee.
108.141(1)(c)
(c) "Extended benefit period" means a period which:
108.141(1)(c)1.
1. Begins with the 3rd week after whichever of the following weeks occurs first:
108.141(1)(c)1.b.
b. A week for which there is a Wisconsin "on" indicator, provided that no extended benefit period may begin by reason of a Wisconsin "on" indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to Wisconsin; and
108.141(1)(c)2.
2. Ends with either of the following weeks, whichever occurs later:
108.141(1)(c)2.a.
a. The 3rd week after the first week for which there is both a national "off" indicator and a Wisconsin "off" indicator; or
108.141(1)(d)
(d) "Extended benefits" means benefits, including benefits payable to federal civilian employees and former military personnel under 5 USC
ch. 85, payable to an individual under this section for weeks of unemployment in that individual's eligibility period.
108.141(1)(e)
(e) Except as provided in
sub. (1m), there is a Wisconsin "off" indicator for a week if the department determines, in accordance with the regulations of the U.S. secretary of labor, that, for the period consisting of such week and the immediately preceding 12 weeks, the Wisconsin rate of insured unemployment (not seasonally adjusted):
108.141(1)(e)1.
1. Was less than 6% 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
108.141(1)(f)
(f) There is a Wisconsin "on" indicator for a week if the department determines, in accordance with the regulations of the U.S. secretary of labor, that, for the period consisting of such week and the immediately preceding 12 weeks, the Wisconsin rate of insured unemployment (not seasonally adjusted):
108.141(1)(f)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 5%; or
108.141(1)(g)
(g) "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 and additional benefits as defined in
P.L. 91-373.
108.141(1)(h)
(h) "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.
108.141(1)(i)
(i) "Wisconsin rate of insured unemployment" means the percentage 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.
108.141(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 extended 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.
108.141(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 shall apply to claims for, and the payment of, extended benefits.
108.141(3)
(3) Eligibility requirements for extended benefits. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if:
108.141(3)(a)
(a) The individual had base period wages equaling at least 40 times the individual's most recent weekly benefit rate;
108.141(3)(c)
(c) The individual is not disqualified and has satisfied those other requirements of this chapter for the payment of regular benefits that apply to individuals claiming extended benefits.
108.141(3g)
(3g) Additional requirements for extended benefits. 108.141(3g)(a)1.1. If a claimant fails to provide sufficient evidence that his or her prospects for obtaining work in his or her customary occupation within a period of time not exceeding 4 weeks, beginning with the first week of eligibility for extended benefits, are good, this paragraph, rather than
s. 108.04 (8), applies.
108.141(3g)(a)2.
2. A claimant who, during or after the first week following the week that the department notifies the claimant in writing of the requirements to apply for and accept suitable work, fails either to apply for suitable work when notified by a public employment office or to accept suitable work when offered is ineligible to receive extended benefits for the week in which the failure occurs and for each week thereafter until the claimant has again been employed during at least 4 subsequent weeks in employment or other work covered by the unemployment insurance law of any state or the federal government and earned wages for such work equal to at least 4 times his or her extended weekly benefit rate.
108.141(3g)(a)3.b.
b. The gross average weekly remuneration for the work exceeds the claimant's weekly benefit rate plus any supplemental unemployment benefits, as defined in section
501 (c) (17) (D) of the internal revenue code, then payable to the claimant;
108.141(3g)(a)3.c.
c. Wages for the work equal or exceed the higher of either the minimum wage provided by
29 USC 206, without regard to any exemption, or any state or local minimum wage; and
108.141(3g)(a)3.d.
d. The offer of work to the claimant was in writing or the position was listed with a public employment office.
108.141(3g)(b)
(b) The department's public employment offices shall refer extended benefit claimants to suitable work meeting the conditions prescribed in
par. (a).
108.141(3g)(c)
(c) A claimant shall make a systematic and sustained effort to obtain work and provide tangible evidence thereof to the department for each week for which the claimant files a claim for extended benefits. If a claimant fails to make the required effort to obtain work or to provide tangible evidence thereof, on a weekly basis, he or she is ineligible to receive extended benefits for the week in which the failure occurs and for each week thereafter until he or she has again been employed during at least 4 subsequent weeks in employment or other work covered by the unemployment insurance law of any state or the federal government and has earned wages for such work equal to at least 4 times his or her weekly extended benefit rate.
108.141(3g)(d)
(d) Notwithstanding
s. 108.04 (6) and
(7), a claimant who was disqualified from receipt of benefits because of voluntarily terminating employment or incurring a disciplinary suspension for good cause is ineligible to receive extended benefits for the week in which the termination occurs or the suspension begins and for each week thereafter until he or she has again been employed during at least 4 subsequent weeks in employment or other work covered by the unemployment insurance law of any state or the federal government and earned wages for such work equal to at least 4 times his or her weekly extended benefit rate.
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.
