SB255: Bill Text

SB255,18,21 108.04 (11) (d) In addition to other remedies, the department may, by civil action, recover any benefits obtained by means of any false statement or representation or any administrative assessment imposed under par. (cm). Chapter 778 does not apply to collection of any benefits or assessment under this paragraph.

SB255, s. 29 Section 29. 108.04 (13) (d) of the statutes is amended to read:

SB255,19,2 108.04 (13) (d) 1. If the department finds that any benefits charged to an employer's account have been erroneously paid to an employe without fault by the employer, the department shall notify the employe and the employer of the erroneous payment.

SB255,19,5 2. If recovery of an overpayment is permitted under s. 108.22 (8) (c) and benefits are currently payable to the employe from the employer's account, the department may correct the error by adjusting the benefits accordingly.

SB255,19,9 3. To correct any erroneous payment not so adjusted , whenever recovery of an overpayment is permitted under s. 108.22 (8) (c) that was charged to the account of an employer that is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall:

SB255,19,15 a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount to the fund's balancing account, and shall thereafter reimburse the balancing account by crediting to it benefits which would otherwise be payable to, or cash recovered from, the employe, unless the employer is a government unit or nonprofit organization which has elected reimbursement financing. or;

SB255,19,19 4. To correct any erroneous payment not so adjusted from the account of an employer which is a government unit or a nonprofit organization and which has elected reimbursement financing, whenever recovery of an overpayment is permitted under s. 108.22 (8) (c), the department shall:

SB255,19,22 a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), credit to the account benefits which would otherwise be payable to, or cash received from, the employe; or

SB255,19,25 b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount in accordance with s. 108.07 (5).

SB255, s. 30 Section 30. 108.04 (13) (d) 3. b. of the statutes is created to read:

SB255,20,4 108.04 (13) (d) 3. b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount to the fund's balancing account unless s. 108.07 (5) (c) applies.

SB255, s. 31 Section 31. 108.05 (1) (h) and (i) of the statutes are repealed.

SB255, s. 32 Section 32. 108.05 (1) (j) (intro.) of the statutes is amended to read:

SB255,20,20 108.05 (1) (j) (intro.) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 3, 1999, and before April 2, 2000, 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]

SB255, s. 33 Section 33. 108.05 (1) (k) and (L) of the statutes are created to read:

SB255,21,10 108.05 (1) (k) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after April 2, 2000, and before October 1, 2000, 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) (k) following]

SB255,21,12 Figure 108.05 (1) (k):

SB255,21,13 - See PDF for table

SB255,21,14 - See PDF for table

SB255,33,2 (L) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after October 1, 2000, 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) (L) following]

SB255,33,4 Figure 108.05 (1) (L):

SB255,33,5 - See PDF for table

SB255,33,6 - See PDF for table

SB255, s. 34 Section 34. 108.05 (3) (a) of the statutes is amended to read:

SB255,45,3 108.05 (3) (a) Except as provided in par. pars. (b) and (c), 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 a claimant would have earned in available work which is treated as wages under s. 108.04 (1) (a), but excludes any amount that a claimant 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.

SB255, s. 35 Section 35. 108.05 (3) (c) of the statutes is created to read:

SB255,45,6 108.05 (3) (c) A claimant is ineligible to receive any benefits for a week in which the claimant works a total of 40 or more hours for one or more employing units.

SB255, s. 36 Section 36. 108.06 (2) (cm) of the statutes is created to read:

SB255,45,11 108.06 (2) (cm) If an employe qualifies to receive benefits using the base period described in s. 108.02 (4) (b), the wages used to compute the employe's benefit entitlement are not available for use in any subsequent benefit computation for the same employe, except under s. 108.141 or 108.142.

SB255, s. 37 Section 37. 108.09 (2) (bm) of the statutes is amended to read:

SB255,45,16 108.09 (2) (bm) In determining whether an individual meets the conditions specified in s. 108.02 (12) (b) 2. a. or b. or (bm) 1. or 2., the department shall not consider documents granting operating authority or licenses, or any state or federal laws or federal regulations granting such authority or licenses.

SB255, s. 38 Section 38. 108.09 (4s) of the statutes is amended to read:

SB255,45,22 108.09 (4s) Employe status. In determining whether an individual meets the conditions specified in s. 108.02 (12) (b) 2. a. or b. or (bm) 1. or 2., the appeal tribunal shall not take administrative notice of or admit into evidence documents granting operating authority or licenses, or any state or federal laws or federal regulations granting such authority or licenses.

SB255, s. 39 Section 39. 108.095 of the statutes is created to read:

SB255,46,5 108.095 False statements or representations to obtain benefits payable to other persons. (1) The procedures under this section apply to any issue arising under this chapter concerning any alleged false statement or representation of a person to obtain benefits that are payable to another person, and are in addition to any determination, decision or other procedure provided under s. 108.09. The procedures under this section apply whether or not a penalty for an offense is provided under s. 108.24.

SB255,46,14 (2) The department shall investigate whether any person has obtained benefits that were payable to another person by means of any false statement or representation, and may issue an initial determination concerning its findings. The department shall mail a copy of the determination to the last-known address of each party affected thereby. Unless designated by a determination under this section, an employing unit is not a party to the determination. The department may set aside or amend the determination at any time prior to a hearing concerning the determination under sub. (5) on the basis of subsequent information or to correct a mistake, including an error of law.

SB255,46,17 (3) Any party to a determination may appeal that determination by requesting a hearing concerning any matter in that determination if the request is received by the department or postmarked within 14 days after the mailing.

SB255,46,19 (4) Upon issuance of a determination, the department is a party to the determination.

SB255,46,21 (5) Any hearing shall be held before an appeal tribunal appointed under s. 108.09 (3). Section 108.09 (4) and (5) applies to the proceeding before the tribunal.

SB255,46,25 (6) Any party may petition the commission for review of the decision of the appeal tribunal under s. 108.09 (6). The commission's authority to take action concerning any issue or proceeding under this section is the same as that provided in s. 108.09 (6).

SB255,47,6 (7) Any party may commence an action for judicial review of a decision of the commission under this section, after exhausting the remedies provided under this section, by commencing the action within 30 days after the decision of the commission is mailed to the department and the last-known address of each other party. The scope and manner of judicial review is the same as that provided in s. 108.09 (7).

SB255,47,9 (8) The mailing of determinations and decisions under this section shall be first class and may include the use of services performed by the postal service requiring the payment of extra fees.

SB255, s. 40 Section 40. 108.15 (3) (e) of the statutes is amended to read:

SB255,47,16 108.15 (3) (e) Each time a government unit elects or reelects contribution financing its initial contribution rate shall be 2.7% on its payroll for each of the first 3 calendar years in which such election or reelection is in effect , plus any contributions payable under s. 108.18 (2) (b). If a government unit terminates its election of contribution financing it may not reelect contribution financing within a period of 3 calendar years thereafter.

SB255, s. 41 Section 41. 108.151 (1) of the statutes is amended to read:

SB255,47,23 108.151 (1) Employer's contribution rate. Each nonprofit organization which is or becomes an employer subject to this chapter shall be subject to all its provisions except as it may elect reimbursement financing in accordance with sub. (2). If such an approved election is terminated, the employer's contribution rate shall be 2.7% on its payroll for each of the next 3 calendar years, plus any contributions payable under s. 108.18 (2) (b).

SB255, s. 42 Section 42. 108.16 (6) (e) of the statutes is amended to read:

SB255,48,6 108.16 (6) (e) The amount of any benefit check duly issued and delivered or mailed to an employe, if such check has not been presented for payment within one year after its date of issue; provided that a substitute check may be issued and charged to the balancing account, at any time within the next following year if the employe makes application therefor within 6 years after the date of issue of the original check;

SB255, s. 43 Section 43. 108.16 (6m) (e) of the statutes is amended to read:

SB255,48,9 108.16 (6m) (e) Any overpayment of benefits that is written off under sub. (3), unless it is chargeable to an employer's account under s. 108.04 (13) (c) or (d).

SB255, s. 44 Section 44. 108.161 (3e) of the statutes is created to read:

SB255,48,13 108.161 (3e) Notwithstanding sub. (3), any moneys allocated under section 903 of the federal Social Security Act for federal fiscal years 2000, 2001 and 2002 shall be used solely for unemployment insurance administration.

SB255, s. 45 Section 45. 108.18 (2) (b) of the statutes is repealed.

SB255, s. 46 Section 46. 108.18 (2) (c) of the statutes is amended to read:

SB255,48,23 108.18 (2) (c) An employer engaged in the construction of roads, bridges, highways, sewers, water mains, utilities, public buildings, factories, housing, or similar construction projects shall pay contributions for each of the first 3 calendar years at the average rate for construction industry employers as determined by the department on each computation date, rounded up to the next highest rate, except as additional contributions apply under par. (b). This rate may in no case be more than the maximum rate specified in the schedule in effect for the year of the computation under sub. (4).

SB255, s. 47 Section 47. 108.18 (9) (figure) Schedule C, line 1 of the statutes is amended to read:

SB255,49,1 108.18 (9) (figure) Schedule C - See PDF for table

SB255, s. 48 Section 48. 108.18 (9) (figure) Schedule D, line 1 of the statutes is amended to read:

SB255,49,4 108.18 (9) (figure) Schedule D - See PDF for table

SB255, s. 49 Section 49. 108.19 (1e) (a) of the statutes is amended to read:

SB255,49,11 108.19 (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 2002 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.

SB255, s. 50 Section 50. 108.19 (1e) (d) of the statutes is amended to read:

SB255,49,17 108.19 (1e) (d) The department may expend the moneys received from assessments levied under this subsection for the design or development of renovation and modernization of the unemployment insurance information technology systems tax and accounting system, including development and implementation of a new system and reengineering of automated processes and manual business functions.

SB255, s. 51 Section 51. 108.20 (3) of the statutes is amended to read:

SB255,49,22 108.20 (3) There shall be included in the moneys governed by sub. (2m) any amounts collected by the department under ss. 108.04 (11) (c) and (cm) and 108.22 (1) (a) and (ac) as tardy filing fees, forfeitures or, interest on delinquent payments or other penalties and any excess moneys collected under s. 108.19 (1m).

SB255, s. 52 Section 52. 108.20 (5) to (9) of the statutes are repealed.

SB255, s. 53 Section 53. 108.205 (2) of the statutes is amended to read:

SB255,50,11 108.205 (2) All employers of 250 100 or more employes, as determined under s. 108.22 (1) (ae), shall file the quarterly report under sub. (1) using a medium an electronic medium approved by the department for such employers. An employer that becomes subject to the reporting requirement under this subsection shall file its initial report under this subsection for the 4th quarter beginning after the quarter in which the employer becomes subject to the reporting requirement. Once an employer becomes subject to the reporting requirement under this subsection, the employer shall continue to file its quarterly reports under this subsection unless that requirement is waived by the department.

SB255, s. 54 Section 54. 108.22 (1) (a) 1. of the statutes is amended to read:

SB255,50,13 108.22 (1) (a) 1. For 1 to 100 employes, $15 $25.

SB255, s. 55 Section 55. 108.22 (1) (a) 2. to 4. of the statutes are repealed.

SB255, s. 56 Section 56. 108.22 (1) (a) 5. of the statutes is renumbered 108.22 (1) (a) 2. and amended to read:

SB255,50,17 108.22 (1) (a) 2. For more than 400 100 employes, $115 $75.

SB255, s. 57 Section 57. 108.22 (1) (ac) of the statutes is created to read:

SB255,50,23 108.22 (1) (ac) In addition to any fee assessed under par. (a), an employer that is subject to the reporting requirement under s. 108.205 (2) and that fails to file its report in a format prescribed under that subsection may be assessed a penalty of $10 for each employe whose information is not reported in a format prescribed under s. 108.205 (2).

SB255, s. 58 Section 58. 108.22 (1) (b) of the statutes is amended to read:

SB255,51,4 108.22 (1) (b) If the due date of a report or payment under s. 108.15 (5) (b), 108.151 (5) (f), 108.16 (8), 108.17 (2) or 108.205 would otherwise be a Saturday, Sunday or legal holiday under state or federal law, the due date is the next following day which is not a Saturday, Sunday or legal holiday under state or federal law.

SB255, s. 59 Section 59. 108.22 (1) (c) of the statutes is amended to read:

SB255,51,14 108.22 (1) (c) Any report or payment, except a payment required by s. 108.15 (5) (b) or 108.151 (5) (f), to which this subsection applies is delinquent, within the meaning of par. (a), unless it is received by the department, in the form prescribed by law or rule of the department, no later than its due date as determined under par. (b), or if mailed is either postmarked no later than that due date or is received by the department no later than 3 days after that due date. Any payment required by s. 108.15 (5) (b) or 108.151 (5) (f) is delinquent, within the meaning of par. (a), unless it is received by the department, in the form prescribed by law, no later than its due date the last day of the month in which it is due.

SB255, s. 60 Section 60. 108.22 (8) (c) 1. a. of the statutes is amended to read:

SB255,51,18 108.22 (8) (c) 1. a. The overpayment was the result of a departmental error, whether or not an and was not the fault of any employer is also at fault under s. 108.04 (13) (f); and

SB255, s. 61 Section 61 . Nonstatutory provisions.

SB255,51,20 (1) Definitions. In this Section:

SB255,51,21 (a) "Department" means the department of workforce development.

SB255,51,22 (b) "Employer" has the meaning given in section 108.02 (13) of the statutes.