SB327, s. 75
2Section
75. 108.05 (2) (c) of the statutes is amended to read:
SB327,60,83
108.05
(2) (c) This chapter's maximum weekly benefit rate, as to weeks of
4unemployment in the ensuing half year, shall equal the result obtained by rounding
566-2/3% of the "average wages per average week" to the nearest multiple of one
6dollar, and the minimum weekly benefit rate shall be an amount which is
19% 15% 7of the maximum rate and adjusted, if not a multiple of one dollar, to the next lower
8multiple of one dollar.
SB327, s. 76
9Section
76. 108.05 (3) (a) of the statutes is amended to read:
SB327,61,13
1108.05
(3) (a) Except as provided in par. (b), if an eligible employe earns wages
2in a given week, the first $30 of the wages shall be disregarded and the employe's
3applicable weekly benefit payment shall be reduced by 67% of the remaining
4amount, except that no such employe is eligible for benefits if the employe's benefit
5payment would be less than $5 for any week. For purposes of this paragraph, "wages"
6includes any
salary reduction amounts earned that are not wages and that are
7deducted from the salary of a claimant by an employer pursuant to a salary reduction
8agreement under a cafeteria plan, within the meaning of 26 USC 125, and any 9amount that
the a claimant would have earned in available work which is treated
10as wages under s. 108.04 (1) (a), but excludes any amount that
the a claimant
earned 11earns for services performed as a volunteer fire fighter or volunteer emergency
12medical technician. In applying this paragraph, the department shall disregard
13discrepancies of less than $2 between wages reported by employes and employers.
SB327, s. 77
14Section
77. 108.05 (3) (b) 1. a. and b. of the statutes are amended to read:
SB327,61,2315
108.05
(3) (b) 1. a. The claimant works for that employer at least 35 hours in
16that week at the same or a greater rate of pay, excluding bonuses, incentives,
17overtime or any other supplement to the earnings, as the claimant was paid by that
18employer in that quarter of the claimant's base period in which the claimant was paid
19his or her highest wages
or any amount that the claimant would have earned from
20that employer in available work which is treated as wages under s. 108.04 (1) (a)
21within that week, by itself or in combination with wages earned for that week, is
22equivalent to pay for at least 35 hours of work at that same or a greater rate of pay;
23or;
SB327,62,424
b. The claimant receives from that employer sick pay, holiday pay, vacation pay
25or termination pay which, by itself or in combination with wages earned for work
1performed in that week for that employer
or any amount that the claimant would
2have earned from that employer in available work which is treated as wages under
3s. 108.04 (1) (a) within that week, is equivalent to pay for at least 35 hours of work
4at that same or a greater rate of pay
.; or
SB327, s. 78
5Section
78. 108.05 (3) (b) 1. c. of the statutes is created to read:
SB327,62,106
108.05
(3) (b) 1. c. The amount that the claimant would have earned within that
7week from that employer in available work which is treated as wages under s. 108.04
8(1) (a), by itself or in combination with the wages earned for work performed in that
9week for that employer and the pay received under subd. 1. b., is equivalent to pay
10for at least 35 hours of work at that same or a greater rate of pay.
SB327, s. 79
11Section
79. 108.05 (3) (b) 2. of the statutes is renumbered 108.05 (3) (b) 3.
SB327, s. 80
12Section
80. 108.05 (3) (b) 2. of the statutes is created to read:
SB327,62,1613
108.05
(3) (b) 2. For the purposes of this paragraph, "wages" includes any
14salary reduction amounts earned that are not wages and that are deducted from the
15salary of a claimant by an employer pursuant to a salary reduction agreement under
16a cafeteria plan, within the meaning of
26 USC 125.
SB327, s. 81
17Section
81. 108.06 (2) (d) of the statutes is amended to read:
SB327,63,218
108.06
(2) (d) A claimant may
, in writing, request
that the department
to set
19aside a benefit year
by filing a written, verbal or electronic request in the manner
20that the department prescribes by rule. The department shall grant the request and
21cancel the benefit year if the request is voluntary, benefits have not been paid to the
22claimant and at the time the department acts upon the request for that benefit year
23the claimant's benefit eligibility is not suspended. If the claimant does not meet
24these requirements, the department shall not set aside the benefit year unless the
25department defines by rule exceptional circumstances in which a claimant may be
1permitted to set aside a request to establish a benefit year and the claimant qualifies
2to make such a request under the circumstances described in the rule.
SB327, s. 82
3Section
82. 108.06 (5) (a) of the statutes is amended to read:
SB327,63,84
108.06
(5) (a) The week is not within an unexpired benefit year or similar
5period of eligibility for unemployment
compensation
insurance in another state
6unless the employe's eligibility for
compensation
unemployment insurance in the
7other state is exhausted, terminated, indefinitely postponed or affected by
8application of a seasonal restriction.
SB327, s. 83
9Section
83. 108.065 (1) of the statutes is amended to read:
SB327,63,1410
108.065
(1) An employe service company is the employer of an individual who
11is engaged the company engages in employment
performing to perform services for
12a client or customer of the
employe service company
if the employe service company
13is taxed under the federal unemployment tax act (26 USC 3301 to 3311) on the basis
14of that employment.
SB327, s. 84
15Section
84. 108.07 (3m) of the statutes is amended to read:
SB327,64,216
108.07
(3m) If a claimant has base period wages with an employer constituting
17less than 5% of the claimant's total base period wages, the department shall not
18charge the benefits to the account of that employer. If benefits are otherwise
19chargeable to the account of any employer whose share of a claimant's total base
20period wages is less than 5%, the department shall charge the benefits to the
21remaining employers with which the claimant has base period wages. The
22department shall distribute such charges in the same proportion that the claimant's
23base period wages from such employers bear to the claimant's total base period wages
24from all such employers. This subsection does not apply to claims for benefits based
25in whole or in part on employment as federal civilian employes or former military
1personnel under 5 USC ch. 85, or work covered by the unemployment
compensation 2insurance laws of 2 or more jurisdictions under s. 108.14 (8n).
SB327, s. 85
3Section
85. 108.07 (5m) of the statutes is amended to read:
SB327,64,144
108.07
(5m) Whenever benefits are paid to a claimant based in part on
5employment by a seasonal employer by which the claimant was employed for a period
6of less than 90 days during the season of the seasonal employer, as determined under
7s. 108.066 (4), and that season includes any portion of the claimant's base period, and
8the claimant has been paid or is treated as having been paid base period wages or
9other remuneration of $500 or more during his or her base period for services
10performed for at least one employer other than the seasonal employer which is
11subject to the unemployment
compensation insurance law of any state or the federal
12government, the department shall charge to the fund's balancing account the
13benefits which would otherwise be chargeable to the account of the seasonal
14employer.
SB327, s. 86
15Section
86. 108.09 (2) (c) of the statutes is renumbered 108.09 (2) (c) (intro.)
16and amended to read:
SB327,64,2317
108.09
(2) (c) (intro.)
The Unless a party has filed a timely request for hearing
18as to the determination, the department may set aside or amend a determination
19within
one year 2 years of the date of the determination on the basis of subsequent
20information or to correct a mistake, including an error of law
, or at any time if the
21department finds that fraud or concealment occurred, unless. Unless a party has
22filed a timely request for hearing as to the determination
, the department may set
23aside or amend a determination at any time if the department finds that:
SB327, s. 87
24Section
87. 108.09 (2) (c) 1. and 2. of the statutes are created to read:
SB327,64,2525
108.09
(2) (c) 1. Fraud or concealment occurred; or
SB327,65,4
12. The benefits paid or payable to a claimant have been affected by wages
2earned by the claimant which have not been paid, and the department is provided
3with notice from the appropriate state or federal court or agency that a wage claim
4for those wages will not be paid in whole or in part.
SB327, s. 88
5Section
88. 108.09 (2) (cm) of the statutes is created to read:
SB327,65,186
108.09
(2) (cm) Unless a party has filed a timely request for review of the
7decision of an appeal tribunal by the commission or has commenced a timely action
8for the judicial review of the decision of the commission, the department may set
9aside or amend any appeal tribunal decision adverse to a claimant that has been
10issued under s. 108.09, 1995 stats., within the 4-year period immediately preceding
11the effective date of this paragraph .... [revisor inserts date], or may reverse, modify
12or set aside any decision of the commission adverse to a claimant that has been issued
13under s. 108.09, 1995 stats., within the 4-year period immediately preceding the
14effective date of this paragraph .... [revisor inserts date], if the department finds that
15the benefits paid or payable to the claimant have been affected by wages earned by
16the claimant which have not been paid, and the department is provided with notice
17from the appropriate state or federal court or agency that a wage claim for those
18wages will not be paid in whole or in part.
SB327, s. 89
19Section
89. 108.09 (4) (f) 2. of the statutes is renumbered 108.09 (4) (f) 2.
20(intro.) and amended to read:
SB327,65,2421
108.09
(4) (f) 2. (intro.)
The Unless a party has filed a timely petition for review
22of the appeal tribunal decision by the commission, the appeal tribunal may set aside
23or amend an appeal tribunal decision, or portion thereof, at any time
to correct a if
24the appeal tribunal finds that:
SB327,66,2
1a. A technical or clerical mistake
unless a party has filed a timely petition for
2review of the appeal tribunal decision by the commission. has occurred; or
SB327, s. 90
3Section
90. 108.09 (4) (f) 2. b. of the statutes is created to read:
SB327,66,74
108.09
(4) (f) 2. b. The benefits paid or payable to a claimant have been affected
5by wages earned by the claimant which have not been paid, and the appeal tribunal
6is provided with notice from the appropriate state or federal court or agency that a
7wage claim for those wages will not be paid in whole or in part.
SB327, s. 91
8Section
91. 108.09 (4) (f) 3. of the statutes is amended to read:
SB327,66,159
108.09
(4) (f) 3. Unless a party has filed a timely petition for review of the
10appeal tribunal decision by the commission, the appeal tribunal may, within
one year 112 years after the date of the decision, reopen its decision if it has reason to believe
12that a party offered false evidence or a witness gave false testimony on an issue
13material to its decision. Thereafter, and after receiving additional evidence or taking
14additional testimony, the same or another appeal tribunal may set aside its original
15decision, make new findings and issue a decision.
SB327, s. 92
16Section
92. 108.09 (6) (c) of the statutes is amended to read:
SB327,67,217
108.09
(6) (c) On its own motion, for reasons it deems sufficient, the commission
18may set aside any final determination of the department or appeal tribunal or
19commission decision within
one year 2 years from the date thereof upon grounds of
20mistake or newly discovered evidence, and take action under par. (d).
The
21commission may set aside any final determination of the department or any decision
22of an appeal tribunal or of the commission at any time, and take action under par.
23(d), if the benefits paid or payable to a claimant have been affected by wages earned
24by the claimant which have not been paid, and the commission is provided with
1notice from the appropriate state or federal court or agency that a wage claim for
2those wages will not be paid in whole or in part.
SB327, s. 93
3Section
93. 108.13 (2) of the statutes is amended to read:
SB327,67,94
108.13
(2) Liability of claimant. Except as provided in subs. (4) and (5), no
5claim for benefits awarded, adjudged or paid or any interest in the fund may be taken
6on account of any liability incurred by the party entitled thereto. This subsection
7does not apply to liability incurred as the result of an overpayment of unemployment
8compensation insurance benefits under the law of any state or the federal
9government.
SB327, s. 94
10Section
94. 108.13 (4) (a) 4. of the statutes is amended to read:
SB327,67,1411
108.13
(4) (a) 4. "Unemployment
compensation insurance" means any
12compensation payable under this chapter, including amounts payable by the
13department pursuant to an agreement under any federal law providing for
14compensation, assistance or allowances with respect to unemployment.
SB327,67,2317
108.13
(4) (b) A claimant filing a new claim for unemployment
compensation 18insurance shall, at the time of filing the claim, disclose whether or not he or she owes
19child support obligations. If any such claimant discloses that he or she owes child
20support obligations and is determined to be eligible for unemployment
compensation 21insurance, the department of workforce development shall notify the local child
22support enforcement agency enforcing the obligations that the claimant has been
23determined to be eligible for unemployment
compensation insurance.
SB327, s. 96
24Section
96. 108.13 (4) (c) (intro.) of the statutes is amended to read:
SB327,68,3
1108.13
(4) (c) (intro.) The department shall deduct and withhold from any
2unemployment
compensation insurance payable to a claimant who owes child
3support obligations:
SB327, s. 97
4Section
97. 108.13 (4) (e) of the statutes is amended to read:
SB327,68,85
108.13
(4) (e) Any amount deducted and withheld under par. (c) shall, for all
6purposes, be treated as if it were paid to the claimant as unemployment
7compensation insurance and paid by the claimant to the state or local child support
8enforcement agency in satisfaction of his or her child support obligations.
SB327, s. 98
9Section
98. 108.13 (4) (f) of the statutes is amended to read:
SB327,68,1310
108.13
(4) (f) This subsection applies only if appropriate arrangements are
11made for the local child support enforcement agency to reimburse the department for
12administrative costs incurred by the department that are attributable to the
13interception of unemployment
compensation insurance for child support obligations.
SB327, s. 99
14Section
99. 108.135 (1) (intro.) of the statutes is amended to read:
SB327,68,1715
108.135
(1) (intro.) The department shall advise each claimant filing a new
16claim for unemployment
compensation insurance, at the time of filing the claim,
17that:
SB327, s. 100
18Section
100. 108.135 (1) (a) of the statutes is amended to read:
SB327,68,2019
108.135
(1) (a) Unemployment
compensation insurance is subject to federal
20and Wisconsin income taxes.
SB327, s. 101
21Section
101. 108.14 (5) (a) of the statutes is amended to read:
SB327,69,222
108.14
(5) (a) The council on unemployment
compensation insurance shall
23advise the department in carrying out the purposes of this chapter. The council shall
24submit its recommendations with respect to amendments of this chapter to each
1regular session of the legislature, and shall report its views on any pending bill
2relating to this chapter to the proper legislative committee.
SB327, s. 102
3Section
102. 108.14 (5) (ag) of the statutes is amended to read:
SB327,69,64
108.14
(5) (ag) The vote of 7 of the voting members of the council on
5unemployment
compensation insurance is required for the council to act on a matter
6before it.
SB327, s. 103
7Section
103. 108.14 (5) (ar) of the statutes is amended to read:
SB327,69,138
108.14
(5) (ar) The department shall present to the council on unemployment
9compensation insurance every proposal initiated by the department for changes in
10this chapter and shall seek the council's concurrence with the proposal. The
11department shall give careful consideration to every proposal submitted by the
12council for legislative or administrative action and shall review each legislative
13proposal for possible incorporation into departmental recommendations.
SB327, s. 104
14Section
104. 108.14 (6) of the statutes is amended to read:
SB327,70,315
108.14
(6) It shall be one of the purposes of this chapter to promote the
16regularization of employment in enterprises, localities, industries and the state. The
17department, with the advice and aid of any employment councils appointed under
18sub. (5) (b) and the council on unemployment
compensation insurance, shall take all
19appropriate steps within its means to reduce and prevent unemployment. The
20department shall also conduct continuing research relating to the current and
21anticipated condition of the fund to ensure the continued availability of benefits to
22unemployed individuals under this chapter. To these ends the department may
23employ experts, and may carry on and publish the results of any investigations and
24research which it deems relevant, whether or not directly related to the other
25purposes and specific provisions of this chapter. At least once a year the department
1shall compile and publish a summary report stating the experience of employer
2accounts, without naming any employer, and covering such other material as it
3deems significant in connection with the operations and purposes of this chapter.
SB327, s. 105
4Section
105. 108.14 (7) (a) of the statutes is amended to read:
SB327,70,115
108.14
(7) (a) The records made or maintained by the department or
6commission in connection with the administration of this chapter are confidential
7and shall be open to public inspection or disclosure only to the extent that the
8department or commission permits in the interest of the unemployment
9compensation insurance program. No person may permit inspection or disclosure of
10any record provided to it by the department or commission unless the department
11or commission authorizes the inspection or disclosure.
SB327, s. 106
12Section
106. 108.14 (8) (a) of the statutes is amended to read:
SB327,70,2413
108.14
(8) (a) The department may enter into administrative arrangements
14with any agency similarly charged with the administration of any other
15unemployment
compensation insurance law, for the purpose of assisting the
16department and such agencies in paying benefits under the several laws to employes
17while outside their territorial jurisdictions. Such arrangements may provide that
18the respective agencies shall, for and on behalf of each other, act as agents in effecting
19registration for work, notices of unemployment, and any other certifications or
20statements relating to an employe's claim for benefits, in making investigations,
21taking depositions, holding hearings, or otherwise securing information relating to
22coverage or contribution liability or benefit eligibility and payments; and in such
23other matters as the department may consider suitable in effecting the purpose of
24these administrative arrangements.
SB327, s. 107
25Section
107. 108.14 (8m) (a) of the statutes is amended to read:
SB327,71,11
1108.14
(8m) (a) The department may enter into reciprocal arrangements, with
2any agency administering another unemployment
compensation insurance law,
3whereby all the services performed by an individual for a single employing unit,
4which services are customarily performed in more than one state or jurisdiction,
5shall be deemed to be employment covered by the law of a specified state or
6jurisdiction in which a part of such services are performed, or in which such
7individual has residence, or in which such employing unit maintains a place of
8business; provided there is in effect, as to such services, an election by such
9employing unit, approved by the agency administering the specified law, pursuant
10to which all the services performed by such individual for such employing unit are
11deemed to be employment covered by such law.
SB327, s. 108
12Section
108. 108.14 (8n) (a) of the statutes is amended to read:
SB327,71,1713
108.14
(8n) (a) The department shall enter into a reciprocal arrangement
14which is approved by the U.S. secretary of labor pursuant to section
3304 (a) (9) (B)
15of the internal revenue code, to provide more equitable benefit coverage for
16individuals whose recent work has been covered by the unemployment
compensation 17insurance laws of 2 or more jurisdictions.
SB327, s. 109
18Section
109. 108.14 (8n) (b) of the statutes is amended to read:
SB327,72,219
108.14
(8n) (b) Such arrangements may provide, as to any individual whose
20employment has been covered by this chapter and by the unemployment
21compensation insurance law of one or more other participating jurisdictions, for
22transfer by the department to another agency of relevant records or information, and
23the acceptance and use thereof, in combination with similar data from other
24jurisdictions, by such other agency, as a basis for computing and paying benefits
25under the law administered by such other agency. Reciprocally, such arrangements
1may provide for similar acceptance, combination and use by the department of data
2received from other jurisdictions to compute and pay benefits under this chapter.
SB327, s. 110
3Section
110. 108.14 (8s) (a) of the statutes is amended to read:
SB327,72,114
108.14
(8s) (a) Overpayments of unemployment
compensation insurance 5benefits as determined under this chapter may be recovered by offset from
6unemployment
compensation insurance benefits otherwise payable under the
7unemployment
compensation insurance law of another state, and overpayments of
8unemployment
compensation insurance benefits as determined under the
9unemployment
compensation insurance law of that other state may be recovered by
10offset from unemployment
compensation insurance benefits otherwise payable
11under this chapter; and
SB327, s. 111
12Section
111. 108.14 (8s) (b) of the statutes is amended to read:
SB327,73,513
108.14
(8s) (b) Overpayments of unemployment
compensation insurance 14benefits as determined under applicable federal law, with respect to benefits or
15allowances for unemployment provided under a federal program administered by
16this state under an agreement with the U.S. secretary of labor, may be recovered by
17offset from unemployment
compensation insurance benefits otherwise payable
18under that program, or under the unemployment
compensation insurance law of this
19state or of another state or any such federal unemployment benefit or allowance
20program administered by the other state under an agreement with the U.S. secretary
21of labor if the other state has in effect a reciprocal agreement with the U.S. secretary
22of labor as authorized by
42 USC 503 (g) (2), if the United States agrees, as provided
23in the reciprocal agreement with this state entered into under
42 USC 503 (g) (2),
24that overpayments of unemployment
compensation insurance benefits as
25determined under this chapter, and overpayments as determined under the
1unemployment
compensation insurance law of another state which has in effect a
2reciprocal agreement with the U.S. secretary of labor as authorized by
42 USC 503 3(g) (2), may be recovered by offset from benefits or allowances for unemployment
4otherwise payable under a federal program administered by this state or the other
5state under an agreement with the U.S. secretary of labor.
SB327, s. 112
6Section
112. 108.14 (8t) of the statutes is amended to read:
SB327,73,147
108.14
(8t) If the agency administering another unemployment
compensation 8insurance law has overpaid benefits to an individual located in Wisconsin, and
9certifies to the department the facts involved and that the individual is liable, under
10such law, to repay such benefits, and requests the department to recover such
11overpayment, and agrees to reimburse the department for any court costs incurred
12by it in such recovery efforts, the department may in its own name, but acting as
13agent for such other agency, collect such overpayment by civil action, and shall pay
14the net amount recovered to such other agency.
SB327, s. 113
15Section
113. 108.14 (9) of the statutes is amended to read:
SB327,74,716
108.14
(9) The department may make its records relating to the administration
17of this chapter available to the Railroad Retirement Board, and may furnish the
18Railroad Retirement Board, at the expense of said board, such copies thereof as said
19board deems necessary for its purposes. The department may afford reasonable
20cooperation with every agency of the United States charged with the administration
21of any unemployment
compensation insurance law. The department may make
22arrangements or agreements with the Railroad Retirement Board, or any other
23agency of the United States charged with the administration of an unemployment
24compensation insurance law, with respect to the establishment, maintenance and
25use of free employment service facilities, the taking and certifying of claims, the
1making of investigations, and the supplying of other information or services related
2to unemployment
compensation insurance, but the department may not make or
3renew any such arrangement or agreement unless it finds that its resulting
4administrative costs are approximately covered or offset by the facilities, services
5and payments to be made available thereunder by such federal agency. Any moneys
6received by the department under this subsection shall be paid into the federal
7administrative financing account under s. 108.161.
SB327, s. 114
8Section
114. 108.14 (13) of the statutes is amended to read:
SB327,74,149
108.14
(13) The department may, with the advice of the council on
10unemployment
compensation insurance, by general rule modify or suspend any
11provision of this chapter if and to the extent necessary to permit continued
12certification of this chapter for grants to this state under Title III of the federal social
13security act and for maximum credit allowances to employers under the federal
14unemployment tax act.
SB327, s. 115
15Section
115. 108.14 (14) of the statutes is amended to read:
SB327,74,2016
108.14
(14) The department shall fully cooperate with the agencies of other
17states, and shall make every proper effort within its means, to oppose and prevent
18any further action which would in its judgment tend to effect complete or substantial
19federalization of state unemployment
compensation
insurance funds or state
20employment security programs.
SB327, s. 116
21Section
116. 108.14 (18) of the statutes is created to read:
SB327,75,222
108.14
(18) No later than the end of the month following each quarter in which
23the department expends moneys derived from assessments levied under s. 108.19
24(1e), the department shall submit a report to the council on unemployment insurance
1describing the use of the moneys expended and the status at the end of the quarter
2of any project for which moneys were expended.
SB327, s. 117
3Section
117. 108.141 (1) (b) 3. of the statutes is amended to read: