SB327: Bill Text

SB327,38,17 - See PDF for table

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SB327,49,14 (j) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 3, 1999, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (j) following]

SB327,49,16 Figure 108.05 (1) (j):

SB327,49,17 - See PDF for table

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SB327, s. 75 Section 75. 108.05 (2) (c) of the statutes is amended to read:

SB327,60,8 108.05 (2) (c) This chapter's maximum weekly benefit rate, as to weeks of unemployment in the ensuing half year, shall equal the result obtained by rounding 66-2/3% of the "average wages per average week" to the nearest multiple of one dollar, and the minimum weekly benefit rate shall be an amount which is 19% 15% of the maximum rate and adjusted, if not a multiple of one dollar, to the next lower multiple of one dollar.

SB327, s. 76 Section 76. 108.05 (3) (a) of the statutes is amended to read:

SB327,61,13 108.05 (3) (a) Except as provided in par. (b), if an eligible employe earns wages in a given week, the first $30 of the wages shall be disregarded and the employe's applicable weekly benefit payment shall be reduced by 67% of the remaining amount, except that no such employe is eligible for benefits if the employe's benefit payment would be less than $5 for any week. For purposes of this paragraph, "wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that the a claimant would have earned in available work which is treated as wages under s. 108.04 (1) (a), but excludes any amount that the a claimant earned earns for services performed as a volunteer fire fighter or volunteer emergency medical technician. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employes and employers.

SB327, s. 77 Section 77. 108.05 (3) (b) 1. a. and b. of the statutes are amended to read:

SB327,61,23 108.05 (3) (b) 1. a. The claimant works for that employer at least 35 hours in that week at the same or a greater rate of pay, excluding bonuses, incentives, overtime or any other supplement to the earnings, as the claimant was paid by that employer in that quarter of the claimant's base period in which the claimant was paid his or her highest wages or any amount that the claimant would have earned from that employer in available work which is treated as wages under s. 108.04 (1) (a) within that week, by itself or in combination with wages earned for that week, is equivalent to pay for at least 35 hours of work at that same or a greater rate of pay; or;

SB327,62,4 b. The claimant receives from that employer sick pay, holiday pay, vacation pay or termination pay which, by itself or in combination with wages earned for work performed in that week for that employer or any amount that the claimant would have earned from that employer in available work which is treated as wages under s. 108.04 (1) (a) within that week, is equivalent to pay for at least 35 hours of work at that same or a greater rate of pay.; or

SB327, s. 78 Section 78. 108.05 (3) (b) 1. c. of the statutes is created to read:

SB327,62,10 108.05 (3) (b) 1. c. The amount that the claimant would have earned within that week from that employer in available work which is treated as wages under s. 108.04 (1) (a), by itself or in combination with the wages earned for work performed in that week for that employer and the pay received under subd. 1. b., is equivalent to pay for at least 35 hours of work at that same or a greater rate of pay.

SB327, s. 79 Section 79. 108.05 (3) (b) 2. of the statutes is renumbered 108.05 (3) (b) 3.

SB327, s. 80 Section 80. 108.05 (3) (b) 2. of the statutes is created to read:

SB327,62,16 108.05 (3) (b) 2. For the purposes of this paragraph, "wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125.

SB327, s. 81 Section 81. 108.06 (2) (d) of the statutes is amended to read:

SB327,63,2 108.06 (2) (d) A claimant may, in writing, request that the department to set aside a benefit year by filing a written, verbal or electronic request in the manner that the department prescribes by rule. The department shall grant the request and cancel the benefit year if the request is voluntary, benefits have not been paid to the claimant and at the time the department acts upon the request for that benefit year the claimant's benefit eligibility is not suspended. If the claimant does not meet these requirements, the department shall not set aside the benefit year unless the department defines by rule exceptional circumstances in which a claimant may be permitted to set aside a request to establish a benefit year and the claimant qualifies to make such a request under the circumstances described in the rule.

SB327, s. 82 Section 82. 108.06 (5) (a) of the statutes is amended to read:

SB327,63,8 108.06 (5) (a) The week is not within an unexpired benefit year or similar period of eligibility for unemployment compensation insurance in another state unless the employe's eligibility for compensation unemployment insurance in the other state is exhausted, terminated, indefinitely postponed or affected by application of a seasonal restriction.

SB327, s. 83 Section 83. 108.065 (1) of the statutes is amended to read:

SB327,63,14 108.065 (1) An employe service company is the employer of an individual who is engaged the company engages in employment performing to perform services for a client or customer of the employe service company if the employe service company is taxed under the federal unemployment tax act (26 USC 3301 to 3311) on the basis of that employment.

SB327, s. 84 Section 84. 108.07 (3m) of the statutes is amended to read:

SB327,64,2 108.07 (3m) If a claimant has base period wages with an employer constituting less than 5% of the claimant's total base period wages, the department shall not charge the benefits to the account of that employer. If benefits are otherwise chargeable to the account of any employer whose share of a claimant's total base period wages is less than 5%, the department shall charge the benefits to the remaining employers with which the claimant has base period wages. The department shall distribute such charges in the same proportion that the claimant's base period wages from such employers bear to the claimant's total base period wages from all such employers. This subsection does not apply to claims for benefits based in whole or in part on employment as federal civilian employes or former military personnel under 5 USC ch. 85, or work covered by the unemployment compensation insurance laws of 2 or more jurisdictions under s. 108.14 (8n).

SB327, s. 85 Section 85. 108.07 (5m) of the statutes is amended to read:

SB327,64,14 108.07 (5m) Whenever benefits are paid to a claimant based in part on employment by a seasonal employer by which the claimant was employed for a period of less than 90 days during the season of the seasonal employer, as determined under s. 108.066 (4), and that season includes any portion of the claimant's base period, and the claimant has been paid or is treated as having been paid base period wages or other remuneration of $500 or more during his or her base period for services performed for at least one employer other than the seasonal employer which is subject to the unemployment compensation insurance law of any state or the federal government, the department shall charge to the fund's balancing account the benefits which would otherwise be chargeable to the account of the seasonal employer.

SB327, s. 86 Section 86. 108.09 (2) (c) of the statutes is renumbered 108.09 (2) (c) (intro.) and amended to read:

SB327,64,23 108.09 (2) (c) (intro.) The Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination within one year 2 years of the date of the determination on the basis of subsequent information or to correct a mistake, including an error of law, or at any time if the department finds that fraud or concealment occurred, unless. Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination at any time if the department finds that:

SB327, s. 87 Section 87. 108.09 (2) (c) 1. and 2. of the statutes are created to read:

SB327,64,25 108.09 (2) (c) 1. Fraud or concealment occurred; or

SB327,65,4 2. The benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the department is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

SB327, s. 88 Section 88. 108.09 (2) (cm) of the statutes is created to read:

SB327,65,18 108.09 (2) (cm) Unless a party has filed a timely request for review of the decision of an appeal tribunal by the commission or has commenced a timely action for the judicial review of the decision of the commission, the department may set aside or amend any appeal tribunal decision adverse to a claimant that has been issued under s. 108.09, 1995 stats., within the 4-year period immediately preceding the effective date of this paragraph .... [revisor inserts date], or may reverse, modify or set aside any decision of the commission adverse to a claimant that has been issued under s. 108.09, 1995 stats., within the 4-year period immediately preceding the effective date of this paragraph .... [revisor inserts date], if the department finds that the benefits paid or payable to the claimant have been affected by wages earned by the claimant which have not been paid, and the department is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

SB327, s. 89 Section 89. 108.09 (4) (f) 2. of the statutes is renumbered 108.09 (4) (f) 2. (intro.) and amended to read:

SB327,65,24 108.09 (4) (f) 2. (intro.) The Unless a party has filed a timely petition for review of the appeal tribunal decision by the commission, the appeal tribunal may set aside or amend an appeal tribunal decision, or portion thereof, at any time to correct a if the appeal tribunal finds that:

SB327,66,2 a. A technical or clerical mistake unless a party has filed a timely petition for review of the appeal tribunal decision by the commission. has occurred; or

SB327, s. 90 Section 90. 108.09 (4) (f) 2. b. of the statutes is created to read:

SB327,66,7 108.09 (4) (f) 2. b. The benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the appeal tribunal is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

SB327, s. 91 Section 91. 108.09 (4) (f) 3. of the statutes is amended to read:

SB327,66,15 108.09 (4) (f) 3. Unless a party has filed a timely petition for review of the appeal tribunal decision by the commission, the appeal tribunal may, within one year 2 years after the date of the decision, reopen its decision if it has reason to believe that a party offered false evidence or a witness gave false testimony on an issue material to its decision. Thereafter, and after receiving additional evidence or taking additional testimony, the same or another appeal tribunal may set aside its original decision, make new findings and issue a decision.

SB327, s. 92 Section 92. 108.09 (6) (c) of the statutes is amended to read:

SB327,67,2 108.09 (6) (c) On its own motion, for reasons it deems sufficient, the commission may set aside any final determination of the department or appeal tribunal or commission decision within one year 2 years from the date thereof upon grounds of mistake or newly discovered evidence, and take action under par. (d). The commission may set aside any final determination of the department or any decision of an appeal tribunal or of the commission at any time, and take action under par. (d), if the benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the commission is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

SB327, s. 93 Section 93. 108.13 (2) of the statutes is amended to read:

SB327,67,9 108.13 (2) Liability of claimant. Except as provided in subs. (4) and (5), no claim for benefits awarded, adjudged or paid or any interest in the fund may be taken on account of any liability incurred by the party entitled thereto. This subsection does not apply to liability incurred as the result of an overpayment of unemployment compensation insurance benefits under the law of any state or the federal government.

SB327, s. 94 Section 94. 108.13 (4) (a) 4. of the statutes is amended to read:

SB327,67,14 108.13 (4) (a) 4. "Unemployment compensation insurance" means any compensation payable under this chapter, including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

SB327, s. 95 Section 95. 108.13 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

SB327,67,23 108.13 (4) (b) A claimant filing a new claim for unemployment compensation insurance shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations. If any such claimant discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation insurance, the department of workforce development shall notify the local child support enforcement agency enforcing the obligations that the claimant has been determined to be eligible for unemployment compensation insurance.

SB327, s. 96 Section 96. 108.13 (4) (c) (intro.) of the statutes is amended to read:

SB327,68,3 108.13 (4) (c) (intro.) The department shall deduct and withhold from any unemployment compensation insurance payable to a claimant who owes child support obligations:

SB327, s. 97 Section 97. 108.13 (4) (e) of the statutes is amended to read:

SB327,68,8 108.13 (4) (e) Any amount deducted and withheld under par. (c) shall, for all purposes, be treated as if it were paid to the claimant as unemployment compensation insurance and paid by the claimant to the state or local child support enforcement agency in satisfaction of his or her child support obligations.

SB327, s. 98 Section 98. 108.13 (4) (f) of the statutes is amended to read:

SB327,68,13 108.13 (4) (f) This subsection applies only if appropriate arrangements are made for the local child support enforcement agency to reimburse the department for administrative costs incurred by the department that are attributable to the interception of unemployment compensation insurance for child support obligations.

SB327, s. 99 Section 99. 108.135 (1) (intro.) of the statutes is amended to read:

SB327,68,17 108.135 (1) (intro.) The department shall advise each claimant filing a new claim for unemployment compensation insurance, at the time of filing the claim, that:

SB327, s. 100 Section 100. 108.135 (1) (a) of the statutes is amended to read:

SB327,68,20 108.135 (1) (a) Unemployment compensation insurance is subject to federal and Wisconsin income taxes.

SB327, s. 101 Section 101. 108.14 (5) (a) of the statutes is amended to read:

SB327,69,2 108.14 (5) (a) The council on unemployment compensation insurance shall advise the department in carrying out the purposes of this chapter. The council shall submit its recommendations with respect to amendments of this chapter to each regular session of the legislature, and shall report its views on any pending bill relating to this chapter to the proper legislative committee.

SB327, s. 102 Section 102. 108.14 (5) (ag) of the statutes is amended to read:

SB327,69,6 108.14 (5) (ag) The vote of 7 of the voting members of the council on unemployment compensation insurance is required for the council to act on a matter before it.

SB327, s. 103 Section 103. 108.14 (5) (ar) of the statutes is amended to read:

SB327,69,13 108.14 (5) (ar) The department shall present to the council on unemployment compensation insurance every proposal initiated by the department for changes in this chapter and shall seek the council's concurrence with the proposal. The department shall give careful consideration to every proposal submitted by the council for legislative or administrative action and shall review each legislative proposal for possible incorporation into departmental recommendations.

SB327, s. 104 Section 104. 108.14 (6) of the statutes is amended to read:

SB327,70,3 108.14 (6) It shall be one of the purposes of this chapter to promote the regularization of employment in enterprises, localities, industries and the state. The department, with the advice and aid of any employment councils appointed under sub. (5) (b) and the council on unemployment compensation insurance, shall take all appropriate steps within its means to reduce and prevent unemployment. The department shall also conduct continuing research relating to the current and anticipated condition of the fund to ensure the continued availability of benefits to unemployed individuals under this chapter. To these ends the department may employ experts, and may carry on and publish the results of any investigations and research which it deems relevant, whether or not directly related to the other purposes and specific provisions of this chapter. At least once a year the department shall compile and publish a summary report stating the experience of employer accounts, without naming any employer, and covering such other material as it deems significant in connection with the operations and purposes of this chapter.

SB327, s. 105 Section 105. 108.14 (7) (a) of the statutes is amended to read:

SB327,70,11 108.14 (7) (a) The records made or maintained by the department or commission in connection with the administration of this chapter are confidential and shall be open to public inspection or disclosure only to the extent that the department or commission permits in the interest of the unemployment compensation insurance program. No person may permit inspection or disclosure of any record provided to it by the department or commission unless the department or commission authorizes the inspection or disclosure.

SB327, s. 106 Section 106. 108.14 (8) (a) of the statutes is amended to read:

SB327,70,24 108.14 (8) (a) The department may enter into administrative arrangements with any agency similarly charged with the administration of any other unemployment compensation insurance law, for the purpose of assisting the department and such agencies in paying benefits under the several laws to employes while outside their territorial jurisdictions. Such arrangements may provide that the respective agencies shall, for and on behalf of each other, act as agents in effecting registration for work, notices of unemployment, and any other certifications or statements relating to an employe's claim for benefits, in making investigations, taking depositions, holding hearings, or otherwise securing information relating to coverage or contribution liability or benefit eligibility and payments; and in such other matters as the department may consider suitable in effecting the purpose of these administrative arrangements.

SB327, s. 107 Section 107. 108.14 (8m) (a) of the statutes is amended to read:

SB327,71,11 108.14 (8m) (a) The department may enter into reciprocal arrangements, with any agency administering another unemployment compensation insurance law, whereby all the services performed by an individual for a single employing unit, which services are customarily performed in more than one state or jurisdiction, shall be deemed to be employment covered by the law of a specified state or jurisdiction in which a part of such services are performed, or in which such individual has residence, or in which such employing unit maintains a place of business; provided there is in effect, as to such services, an election by such employing unit, approved by the agency administering the specified law, pursuant to which all the services performed by such individual for such employing unit are deemed to be employment covered by such law.

SB327, s. 108 Section 108. 108.14 (8n) (a) of the statutes is amended to read:

SB327,71,17 108.14 (8n) (a) The department shall enter into a reciprocal arrangement which is approved by the U.S. secretary of labor pursuant to section 3304 (a) (9) (B) of the internal revenue code, to provide more equitable benefit coverage for individuals whose recent work has been covered by the unemployment compensation insurance laws of 2 or more jurisdictions.

SB327, s. 109 Section 109. 108.14 (8n) (b) of the statutes is amended to read:

SB327,72,2 108.14 (8n) (b) Such arrangements may provide, as to any individual whose employment has been covered by this chapter and by the unemployment compensation insurance law of one or more other participating jurisdictions, for transfer by the department to another agency of relevant records or information, and the acceptance and use thereof, in combination with similar data from other jurisdictions, by such other agency, as a basis for computing and paying benefits under the law administered by such other agency. Reciprocally, such arrangements may provide for similar acceptance, combination and use by the department of data received from other jurisdictions to compute and pay benefits under this chapter.

SB327, s. 110 Section 110. 108.14 (8s) (a) of the statutes is amended to read:

SB327,72,11 108.14 (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

SB327, s. 111 Section 111. 108.14 (8s) (b) of the statutes is amended to read:

SB327,73,5 108.14 (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.

SB327, s. 112 Section 112. 108.14 (8t) of the statutes is amended to read:

SB327,73,14 108.14 (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.

SB327, s. 113 Section 113. 108.14 (9) of the statutes is amended to read:

SB327,74,7 108.14 (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.