AB571: Bill Text

AB571,72,11 108.14 (8s) (a) Overpayments of unemployment compensation insurance benefits as determined under this chapter may be recovered by offset from unemployment compensation insurance benefits otherwise payable under the unemployment compensation insurance law of another state, and overpayments of unemployment compensation insurance benefits as determined under the unemployment compensation insurance law of that other state may be recovered by offset from unemployment compensation insurance benefits otherwise payable under this chapter; and

AB571, s. 111 Section 111. 108.14 (8s) (b) of the statutes is amended to read:

AB571,73,5 108.14 (8s) (b) Overpayments of unemployment compensation insurance benefits as determined under applicable federal law, with respect to benefits or allowances for unemployment provided under a federal program administered by this state under an agreement with the U.S. secretary of labor, may be recovered by offset from unemployment compensation insurance benefits otherwise payable under that program, or under the unemployment compensation insurance law of this state or of another state or any such federal unemployment benefit or allowance program administered by the other state under an agreement with the U.S. secretary of labor if the other state has in effect a reciprocal agreement with the U.S. secretary of labor as authorized by 42 USC 503 (g) (2), if the United States agrees, as provided in the reciprocal agreement with this state entered into under 42 USC 503 (g) (2), that overpayments of unemployment compensation insurance benefits as determined under this chapter, and overpayments as determined under the unemployment compensation insurance law of another state which has in effect a reciprocal agreement with the U.S. secretary of labor as authorized by 42 USC 503 (g) (2), may be recovered by offset from benefits or allowances for unemployment otherwise payable under a federal program administered by this state or the other state under an agreement with the U.S. secretary of labor.

AB571, s. 112 Section 112. 108.14 (8t) of the statutes is amended to read:

AB571,73,14 108.14 (8t) If the agency administering another unemployment compensation insurance law has overpaid benefits to an individual located in Wisconsin, and certifies to the department the facts involved and that the individual is liable, under such law, to repay such benefits, and requests the department to recover such overpayment, and agrees to reimburse the department for any court costs incurred by it in such recovery efforts, the department may in its own name, but acting as agent for such other agency, collect such overpayment by civil action, and shall pay the net amount recovered to such other agency.

AB571, s. 113 Section 113. 108.14 (9) of the statutes is amended to read:

AB571,74,7 108.14 (9) The department may make its records relating to the administration of this chapter available to the Railroad Retirement Board, and may furnish the Railroad Retirement Board, at the expense of said board, such copies thereof as said board deems necessary for its purposes. The department may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment compensation insurance law. The department may make arrangements or agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of an unemployment compensation insurance law, with respect to the establishment, maintenance and use of free employment service facilities, the taking and certifying of claims, the making of investigations, and the supplying of other information or services related to unemployment compensation insurance, but the department may not make or renew any such arrangement or agreement unless it finds that its resulting administrative costs are approximately covered or offset by the facilities, services and payments to be made available thereunder by such federal agency. Any moneys received by the department under this subsection shall be paid into the federal administrative financing account under s. 108.161.

AB571, s. 114 Section 114. 108.14 (13) of the statutes is amended to read:

AB571,74,14 108.14 (13) The department may, with the advice of the council on unemployment compensation 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.

AB571, s. 115 Section 115. 108.14 (14) of the statutes is amended to read:

AB571,74,20 108.14 (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 compensation insurance funds or state employment security programs.

AB571, s. 116 Section 116. 108.14 (18) of the statutes is created to read:

AB571,75,2 108.14 (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.

AB571, s. 117 Section 117. 108.141 (1) (b) 3. of the statutes is amended to read:

AB571,75,10 108.141 (1) (b) 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 compensation 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.

AB571, s. 118 Section 118. 108.141 (1) (h) of the statutes is amended to read:

AB571,75,14 108.141 (1) (h) "State law" means the unemployment compensation insurance law of any state, approved by the U.S. secretary of labor under section 3304 of the internal revenue code.

AB571, s. 119 Section 119. 108.141 (3g) (a) 1. of the statutes is amended to read:

AB571,75,20 108.141 (3g) (a) 1. If an individual 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.

AB571, s. 120 Section 120. 108.141 (3g) (a) 2. of the statutes is amended to read:

AB571,76,8 108.141 (3g) (a) 2. An individual 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 beginning with the first week following the week that the department notifies the individual in writing of the requirements to apply for and accept such work for the week in which such a the failure occurs and for the weeks following each week thereafter until the individual claimant has again worked within 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.

AB571, s. 121 Section 121. 108.141 (3g) (a) 3. a. of the statutes is amended to read:

AB571,76,11 108.141 (3g) (a) 3. a. It is any work within the individual's claimant's capabilities;

AB571, s. 122 Section 122. 108.141 (3g) (a) 3. b. of the statutes is amended to read:

AB571,76,16 108.141 (3g) (a) 3. b. The gross average weekly remuneration for the work exceeds the individual's 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 individual claimant;

AB571, s. 123 Section 123. 108.141 (3g) (a) 3. d. of the statutes is amended to read:

AB571,76,19 108.141 (3g) (a) 3. d. The offer of work to the individual claimant was in writing or the position was listed with a public employment office.

AB571, s. 124 Section 124. 108.141 (3g) (c) of the statutes is amended to read:

AB571,77,5 108.141 (3g) (c) A claimant shall make a systematic and sustained effort to obtain work shall be made and provide tangible evidence thereof provided to the department in each week by a claimant 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 for to receive extended benefits for the week in which the failure occurs and for each week thereafter until he or she has again worked within 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.

AB571, s. 125 Section 125. 108.141 (3g) (d) of the statutes is amended to read:

AB571,77,16 108.141 (3g) (d) Notwithstanding s. 108.04 (6) and (7), an individual a claimant who was disqualified from receipt of benefits because of voluntarily terminating employment or incurring a disciplinary suspension for misconduct or other good cause is ineligible to receive extended benefits unless the individual has, since the date of that disqualification, 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.

AB571, s. 126 Section 126. 108.141 (3g) (e) of the statutes is amended to read:

AB571,77,21 108.141 (3g) (e) Extended benefits shall not be denied under par. (a) 2. to an individual 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.

AB571, s. 127 Section 127. 108.142 (1) (h) 3. of the statutes is amended to read:

AB571,78,4 108.142 (1) (h) 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 compensation 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".

AB571, s. 128 Section 128. 108.142 (1) (i) of the statutes is amended to read:

AB571,78,8 108.142 (1) (i) "State law" means the unemployment compensation insurance law of any state, approved by the U.S. secretary of labor under section 3304 of the internal revenue code.

AB571, s. 129 Section 129. 108.16 (5) (b) of the statutes is amended to read:

AB571,78,16 108.16 (5) (b) The department shall requisition from this state's account in the "Unemployment Trust Fund" necessary amounts from time to time, shall hold such amounts consistently with any applicable federal regulations, and shall make withdrawals therefrom solely for benefits and for such other unemployment compensation insurance payments or employment security expenditures as are expressly authorized by this chapter and consistent with any relevant federal requirements.

AB571, s. 130 Section 130. 108.16 (7m) of the statutes is amended to read:

AB571,78,23 108.16 (7m) The fund's treasurer may write off, by charging to the fund's balancing account, any delinquent unemployment compensation contribution, reimbursement in lieu of contribution, tardy payment or filing fee, or interest for which the employer's liability to the fund was established under s. 108.10, upon receipt of certification by the department that reasonable efforts have been made to recover the delinquency and that the delinquency is uncollectible.

AB571, s. 131 Section 131. 108.161 (3) of the statutes is amended to read:

AB571,79,4 108.161 (3) Consistently with this chapter and said section 903, such moneys shall be used solely for benefits or employment security administration, including unemployment compensation insurance, employment service and related statistical operations.

AB571, s. 132 Section 132. 108.162 (1) of the statutes is amended to read:

AB571,79,13 108.162 (1) The amounts appropriated under s. 20.445 (1) (na) shall be used for employment security administration, including unemployment compensation insurance, employment service and related statistical operations; for capital outlay to buy suitable parcels of land for buildings designed for employment security operations; and to finance the designing and construction of such buildings, and for such equipment, facilities, paving, landscaping and other improvements as are required for the proper use and operation of buildings occupied by the department for employment security administration.

AB571, s. 133 Section 133. 108.162 (3) of the statutes is amended to read:

AB571,79,19 108.162 (3) The amount obligated under this section during any fiscal year may not exceed the aggregate of all amounts credited under s. 108.161 (1), including amounts credited under s. 108.161 (8), reduced by the amount obligated under s. 20.445 (1) (nb) and further reduced at the time of any obligation by the sum of the moneys obligated and charged against any of the amounts thus credited.

AB571, s. 134 Section 134. 108.18 (3m) (b) of the statutes is amended to read:

AB571,79,23 108.18 (3m) (b) "Schedule B" is in effect for any calendar year whenever, as of the preceding June 30, the fund has a cash balance of at least $300,000,000 but less than $1,000,000,000 $900,000,000.

AB571, s. 135 Section 135. 108.18 (3m) (c) of the statutes is amended to read:

AB571,80,3 108.18 (3m) (c) "Schedule C" is in effect for any calendar year whenever, as of the preceding June 30, the fund has a cash balance of at least $1,000,000,000 $900,000,000 but less than $1,200,000,000.

AB571, s. 136 Section 136. 108.18 (3m) (d) of the statutes is created to read:

AB571,80,6 108.18 (3m) (d) "Schedule D" is in effect for any calendar year whenever, as of the preceding June 30, the fund has a cash balance of at least $1,200,000,000.

AB571, s. 137 Section 137. 108.18 (4) (figure) Schedule D of the statutes is created to read:

AB571,80,9 Figure: 108.18 (4) Schedule D:

AB571,80,10 - See PDF for table

AB571,80,11 - See PDF for table

AB571, s. 138 Section 138. 108.18 (7) (a) 1. and (h) of the statutes are amended to read:

AB571,81,7 108.18 (7) (a) 1. Except as provided in pars. (b) to (h), any employer may make payments to the fund during the month of November in excess of those required by this section and s. 108.19 (1) and (1e). Each payment shall be credited to the employer's account for the purpose of computing the employer's reserve percentage as of the immediately preceding computation date.

AB571,81,12 (h) The department shall establish contributions other than those required by this section and s. 108.19 (1) and (1e) and contributions other than those submitted during the month of November or authorized under par. (f) as a credit against future contributions payable by the employer or shall refund the contributions at the employer's option.

AB571, s. 139 Section 139. 108.18 (9) (intro.) of the statutes is amended to read:

AB571,82,8 108.18 (9) Solvency rates. (intro.) Except as provided in sub. subs. (9c) and (9e), an employer's solvency rate on its payroll for a given calendar year shall be based solely on the contribution rate of its account for the calendar year under this section. For purposes of rate determination under this subsection, an employer's payroll shall be calculated for the 12-month period ending with the computation date preceding the calendar year for to which the rate applies. [See Figure 108.18 (9) following]

AB571, s. 140 Section 140. 108.18 (9) (figure) Schedule D of the statutes is created to read:

AB571,82,11 Figure: 108.18 (9) Schedule D:

AB571,82,12 - See PDF for table

AB571,82,13 - See PDF for table

AB571,82,14 - See PDF for table

AB571, s. 141 Section 141. 108.18 (9c) of the statutes is created to read:

AB571,83,5 108.18 (9c) Reduction of solvency rate. The department shall reduce the solvency rate payable under sub. (9) by each employer for each year by the rate payable by that employer under s. 108.19 (1e) (a) for that year.

AB571, s. 142 Section 142. 108.19 (1e) of the statutes is created to read:

AB571,84,7 108.19 (1e) (a) Except as provided in par. (b), each employer, other than an employer which finances benefits under s. 108.15 or 108.151 shall, in addition to other contributions payable under s. 108.18 and this section, pay an assessment to the administrative account for each year prior to the year 2000 equal to the lesser of 0.01% of its payroll for that year or the solvency contribution that would otherwise be payable by the employer under s. 108.18 (9) for that year.

AB571,84,10 (b) The levy prescribed under par. (a) is not effective for any year unless the department, no later than the November 30 preceding that year, publishes a class 1 notice under ch. 985 giving notice that the levy is in effect for the ensuing year.

AB571,84,14 (c) Notwithstanding par. (a), the department may, if it finds that the full amount of the levy is not required to effect the purposes specified in par. (d) for any year, prescribe a reduced levy for that year and in such case shall publish in the notice under par. (b) the rate of the reduced levy.

AB571,84,17 (d) The department may expend the moneys received from assessments levied under this subsection for the design or development of unemployment insurance information technology systems.

AB571, s. 143 Section 143. 108.19 (3) of the statutes is amended to read:

AB571,85,4 108.19 (3) If the federal unemployment tax act is amended to permit a maximum rate of credit against the federal tax higher than the 90% maximum rate of credit permitted under section 3302 (c) (1) of the internal revenue code on May 23, 1943, to an employer with respect to any state unemployment compensation insurance law whose standard contribution rate on payroll under that law is more than 2.7%, then the standard contribution rate as to all employers under this chapter shall, by a rule of the department, be increased from 2.7% of payroll to that percentage of payroll which corresponds to the higher maximum rate of credit thus permitted against the federal unemployment tax; and such increase shall become effective on the same date as such higher maximum rate of credit becomes permissible under the federal amendment.

AB571, s. 144 Section 144. 108.19 (4) of the statutes is amended to read:

AB571,85,14 108.19 (4) If section 303 (a) (5) of title III of the social security act and section 3304 (a) (4) of the internal revenue code are amended to permit a state agency to use, in financing administrative expenditures incurred in carrying out its employment security functions, some part of the moneys collected or to be collected under the state unemployment compensation insurance law, in partial or complete substitution for grants under title III, then this chapter shall, by rule of the department, be modified in the manner and to the extent and within the limits necessary to permit such use by the department under this chapter; and the modifications shall become effective on the same date as such use becomes permissible under the federal amendments.

AB571, s. 145 Section 145 . 108.20 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, section 2688, is amended to read:

AB571,86,8 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge) and, (gf) and (gg) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment compensation insurance program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act or may provide career counseling center grants under s. 106.14, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

AB571, s. 146 Section 146 . 108.20 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, section 2689, is amended to read:

AB571,87,2 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge) and, (gf) and (gg) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment compensation insurance program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

AB571, s. 147 Section 147. 108.205 (1) of the statutes is amended to read:

AB571,87,12 108.205 (1) Each employer shall file with the department, in such form as the department by rule requires, a quarterly report showing the name, social security number and wages paid to each employe who is employed by the employer in employment with the employer during the quarter. The department may also by rule require each employer to include in the report any salary reduction amounts that are not wages and that would have been paid to each such employe by the employer as salary during the quarter but for a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125. The employer shall file the report no later than the last day of the month following the completion of each quarter.

AB571, s. 148 Section 148. 108.21 (1) of the statutes is amended to read: