Wisconsin Legislature: 001 - EmR2125 Rule Text

Comments will be accepted until a date to be determined.

Section 1. DWD 102.01 is amended to read:

DWD 102.01 Purpose. This chapter specifies the initial contribution rates for certain categories of employers. This chapter also provides the treatment of benefit claims and adjustments for determining employer contribution rates for 2022.

Section 2. DWD 102.04 is created to read:

DWD 102.04 2022 Employer Contribution Rates. When calculating 2022 employer contribution rates, all benefit charges for weeks of unemployment for the period of March 15, 2020 through March 13, 2021 and all benefit adjustments processed during the period of March 15, 2020 through March 13, 2021 shall be disregarded.

Section 3. DWD 113.027 is created to read:

DWD 113.027 Waiver of Interest for Employers Subject to Reimbursement Financing. The department shall waive interest for amounts owed by reimbursable employers, as defined in s. 108.155 (1) (b), Stats., to ensure correct employer billing and to provide reimbursable employers the opportunity to pay their reimbursements over time. This waiver shall apply to each month during which this rule is in effect for any part of the month.

Section 4. DWD 123.01 is amended to read:

DWD 123.01 Purpose. Pursuant to ss. 108.04 (13), 108.09 (1), and 108.14 (2), Stats., in order to determine benefit claims, the department requires employers to provide information about claimants’ employment separations, dates of work, wages and other payments, and other issues that may be disqualifying. This chapter specifies the benefit reports that must be filed by employers and the filing requirements for those reports. This chapter also determines the information that employers must submit under ss. 108.04 (2) (d) and 108.07 (5) (bm), Stats., if any, to request relief of unemployment benefit charges for initial claims filed for benefit years beginning on or after March 15, 2020 through March 13, 2021, the deadline by which employers must submit the information, if any, to the department, and the treatment of payors of base period wages.

Section 5. DWD 123.04 is created to read:

DWD 123.04 Requests for Charging Relief. (1) Under s. 108.07 (5) (bm) 1m., Stats., for separations from employment that are not due to a labor dispute, voluntary termination of work, discharge for misconduct, or discharge for substantial fault, an employer does not need to submit information to the department to receive relief of benefit charges under s. 108.07 (5) (bm), Stats.

(2) An employer that paid base period wages to a claimant whose most recent separation from employment is due to a voluntary termination of work for which s. 108.04 (7) (h), Stats., does not apply and whose initial claim is for benefit years beginning on or after March 15, 2020 through March 13, 2021 may receive relief of benefit charges under s. 108.07 (5) (bm), Stats., by submitting a request for relief under this section.

(3) An employer may be relieved of unemployment benefit charges under s. 108.07 (5) (bm), Stats., for benefits for initial claims described in sub. (2) if it provides the information specified by the department in the form required by the department.

Note: The required department form for requesting charging relief is UCB-18823-E, available online at https://dwd.wisconsin.gov/uitax/relief-of-charging.htm.

(4) An employer described in sub. (2) may receive benefit charging relief if it certifies that any of the following circumstances apply to the initial claim:

(a) The employer’s business/operations reduced, suspended, or ceased after experiencing a significant reduction of income due to a Safer at Home order or a government-issued health order that restricts business operations.

(b) The employer’s business/operations reduced, suspended, or ceased due to other businesses (including suppliers) having reduced, suspended, or ceased operations.

(d) The employer provides other information showing that the initial claim relates to the public health emergency declared on March 12, 2020 by Executive Order 72.

(5) An employer that must submit a request for relief under this section to receive relief under s. 108.07 (5) (bm), Stats., must submit the request to the department by the thirtieth day after the department sent a notification to the employer of an initial claim for benefit years beginning on or after March 15, 2020 through March 13, 2021.

(6) If an initial claim relates to the public health emergency declared on March 12, 2020, by Executive Order 72 and s. 108.07 (5) (bm) 1., Stats., applies to the claim, the provisions of s. 108.07 (5) (bm) 3., Stats., apply to all the employers that paid base period wages for the claim.

(7) The department shall apply s. 108.07 (5) (bm), Stats., to additional initial claims filed on or after March 15, 2020 through March 13, 2021 for any benefit years that began before March 15, 2020.

Section 6. Effective dates. This rule shall take effect on October 3, 2021, or upon publication in the official state newspaper, as provided in s. 227.24 (1) (c), Stats., whichever is later, except that Sections 1 and 2 of this rule shall take effect on November 26, 2021.

Dated this 20th day of September, 2021.

WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT

By: __________________________________________________________

Amy Pechacek, Secretary-designee