108.04(11)(bm)
(bm) The department shall apply any ineligibility under
par. (be) against benefits and weeks of eligibility for which the claimant would otherwise be eligible after the week of concealment and within 6 years after the date of an initial determination issued under
s. 108.09 finding that a concealment occurred. The claimant shall not receive waiting period credit under
s. 108.04 (3) for the period of ineligibility applied under
par. (be). If no benefit rate applies to the week for which the claim is made, the department shall use the claimant's benefit rate for the claimant's next benefit year beginning after the week of concealment to determine the amount of the benefit reduction.
108.04(11)(c)
(c) Any employing unit that aids and abets a claimant in committing or attempts to aid and abet a claimant in committing an act of concealment described in
par. (a) or
(b) may, by a determination issued under
s. 108.10, be required, as to each act of concealment the employing unit aids and abets or attempts to aid and abet, to forfeit an amount equal to the amount of the benefits the claimant improperly received as a result of the concealment. In addition, the employing unit shall be penalized as follows:
108.04(11)(c)1.
1. The employing unit shall forfeit $500 for each single act of concealment that the employing unit aids and abets or attempts to aid and abet a claimant to commit occurring before the date of the first determination that the employing unit has so acted.
108.04(11)(c)2.
2. The employing unit shall forfeit $1,000 for each single act of concealment that the employing unit aids and abets or attempts to aid and abet a claimant to commit occurring after the date of the first determination that the employing unit has so acted in which a penalty is applied under
subd. 1. but on or before the date of the first determination that the employing unit has so acted in which a penalty is applied under this subdivision.
108.04(11)(c)3.
3. The employing unit shall forfeit $1,500 for each single act of concealment that the employing unit aids and abets or attempts to aid and abet a claimant to commit occurring after the date of the first determination that the employing unit has so acted in which a penalty is applied under
subd. 2.
108.04(11)(cm)
(cm) If any person makes a false statement or representation in order to obtain benefits in the name of another person, the benefits received by that person constitute a benefit overpayment. Such person may, by a determination or decision issued under
s. 108.095, be required to repay the amount of the benefits obtained and be assessed an administrative assessment in an additional amount equal to the amount of benefits obtained.
108.04(11)(d)
(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.
108.04(11)(e)
(e) This subsection may be applied even when other provisions, including penalty provisions, of this chapter are applied.
108.04(11)(f)
(f) All amounts forfeited under
par. (c) and all collections from administrative assessments under
par. (cm) shall be credited to the administrative account.
108.04(11)(g)
(g) For purposes of this subsection, "conceal" means to intentionally mislead or defraud the department by withholding or hiding information or making a false statement or misrepresentation.
108.04(12)(b)(b) Any individual who receives, through the department, any other type of unemployment benefit or allowance for a given week is ineligible for benefits for that same week under this chapter, except as specifically required for conformity with the federal trade act of 1974 (
P.L. 93-618).
108.04(12)(c)
(c) Any individual who receives unemployment insurance for a given week under any federal law through any federal agency shall be ineligible for benefits paid or payable for that same week under this chapter.
108.04(12)(d)
(d) Any individual who receives unemployment insurance for a given week under the law of any other state, with no use of benefit credits earned under this chapter, shall be ineligible for benefits paid or payable for that same week under this chapter.
108.04(12)(e)
(e) Any individual who receives a temporary total disability payment for a whole week under
ch. 102 or under any federal law which provides for payments on account of a work-related injury or illness analogous to those provided under
ch. 102 shall be ineligible for benefits paid or payable for that same week under this chapter unless otherwise provided by federal law. A temporary total disability payment or a temporary partial disability payment under those provisions received by an individual for part of a week shall be treated as wages for purposes of eligibility for benefits for partial unemployment under
s. 108.05 (3).
108.04(13)(a)(a) The department shall apply any provision of this chapter which may disqualify a claimant from receiving benefits whether or not the claimant's employing unit questions the claimant's eligibility or files the report required under
s. 108.09 (1).
108.04(13)(b)
(b) If an employer fails to file the required wage report under
s. 108.205 for an employee who has claimed benefits from the employer's account, the department may compute and proceed to pay the benefits thus claimed, based on the claimant's statements and any other information then available.
108.04(13)(c)
(c) If an employer, after notice of a benefit claim, fails to file an objection to the claim under
s. 108.09 (1), any benefits allowable under any resulting benefit computation shall, unless the department applies a provision of this chapter to disqualify the claimant, be promptly paid. Except as otherwise provided in this paragraph, any eligibility question in objection to the claim raised by the employer after benefit payments to the claimant are commenced does not affect benefits paid prior to the end of the week in which a determination is issued as to the eligibility question unless the benefits are erroneously paid without fault on the part of the employer. Except as otherwise provided in this paragraph, if an employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, benefits paid prior to the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, prior to the end of the week in which an appeal tribunal decision is issued regarding the matter, are not affected by the redetermination or decision, unless the benefits are erroneously paid without fault on the part of the employer as provided in
par. (f). If benefits are erroneously paid because the employer and the employee are at fault, the department shall charge the employer for the benefits and proceed to create an overpayment under
s. 108.22 (8) (a). If benefits are erroneously paid without fault on the part of the employer, regardless of whether the employee is at fault, the department shall charge the benefits as provided in
par. (d), unless
par. (e) applies, and proceed to create an overpayment under
s. 108.22 (8) (a). If benefits are erroneously paid because an employer is at fault and the department recovers the benefits erroneously paid under
s. 108.22 (8), the recovery does not affect benefit charges made under this paragraph.
108.04(13)(d)1.1. If the department finds that any benefits charged to an employer's account have been erroneously paid to an employee without fault by the employer, the department shall notify the employee and the employer of the erroneous payment.
108.04(13)(d)2.
2. If recovery of an overpayment is permitted under
s. 108.22 (8) (c) and benefits are currently payable to the employee from the employer's account, the department may correct the error by adjusting the benefits accordingly.
108.04(13)(d)3.
3. To correct any erroneous payment not so adjusted 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:
108.04(13)(d)3.a.
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 employee or;
108.04(13)(d)3.b.
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.
108.04(13)(d)4.
4. To correct any erroneous payment not so adjusted from the account of an employer which is a government unit, an Indian tribe, or a nonprofit organization and which has elected reimbursement financing, the department shall:
108.04(13)(d)4.a.
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 employee; or
108.04(13)(e)
(e) If the department erroneously pays benefits from one employer's account and a 2nd employer is at fault, the department shall credit the benefits paid to the first employer's account and charge the benefits paid to the 2nd employer's account. Filing of a tardy or corrected report or objection does not affect the 2nd employer's liability for benefits paid prior to the end of the week in which the department makes a recomputation of the benefits allowable or prior to the end of the week in which the department issues a determination concerning any eligibility question raised by the report or by the 2nd employer. If the 2nd employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, the department shall charge to the account of the 2nd employer the cost of benefits paid prior to the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, prior to the end of the week in which an appeal tribunal decision is issued regarding the matter, unless the benefits erroneously are paid without fault on the part of the employer as provided in
par. (f). If the department recovers the benefits erroneously paid under
s. 108.22 (8), the recovery does not affect benefit charges made under this paragraph.
108.04(13)(f)
(f) If benefits are erroneously paid because the employer fails to file a report required by this chapter, the employer fails to provide correct and complete information on the report, the employer fails to object to the benefit claim under
s. 108.09 (1), the employer fails to provide correct and complete information requested by the department during a fact-finding investigation, unless an appeal tribunal, the commission, or a court of competent jurisdiction finds that the employer had good cause for the failure to provide the information, or the employer aids and abets the claimant in an act of concealment as provided in
sub. (11), the employer is at fault. If benefits are erroneously paid because an employee commits an act of concealment as provided in
sub. (11) or fails to provide correct and complete information to the department, the employee is at fault.
108.04 Cross-reference
Cross-reference: See also ch.
DWD 123, Wis. adm. code.
108.04(14)
(14) War-time application of subsection (7) or (8). If the department finds that the official war-time manpower policies of the United States are or may be materially hampered, in any clearly definable class of cases, by any application of
sub. (7) or
(8), so as to interfere with the effective war-time use of civilian manpower in Wisconsin, the department may by general rule, after public hearing, modify or suspend such application accordingly.
108.04(16)(a)1.
1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:
108.04(16)(a)1.a.
a. The course is expected to increase the individual's opportunities to obtain employment;
108.04(16)(a)1.b.
b. The course is given by a school established under
s. 38.02 or another training institution approved by the department;
108.04(16)(a)1.c.
c. The individual is enrolled full time as determined by the training institution;
108.04(16)(a)1.d.
d. The course does not grant substantial credit leading to a bachelor's or higher degree; and
108.04(16)(a)1.e.
e. The individual is attending regularly and making satisfactory progress in the course.
108.04(16)(a)2.
2. A program administered by the department for the training of unemployed workers, other than the youth apprenticeship program under
s. 106.13;
108.04(16)(am)
(am) The department shall not apply any benefit reduction or disqualification under
sub. (1) (a),
(2) (a), or
(8), or
s. 108.141 (3g) (a) or
(c) to any otherwise eligible individual for any week as a result of the individual's enrollment in approved training.
108.04(16)(d)1.
1. The department shall not deny benefits under
sub. (7) as a result of the individual's leaving unsuitable work to enter or continue such training, as a result of the individual's leaving work that the individual engaged in on a temporary basis during a break in the training or a delay in the commencement of the training, or because the individual left on-the-job training not later than 30 days after commencing that training because the individual did not meet the requirements of the federal trade act under
19 USC 2296 (c) (1) (B); and
108.04(16)(d)2.
2. The requalifying requirements under
subs. (7) and
(8) do not apply while the individual is enrolled in approved training specified in
par. (a) 3. or
4.
108.04(16)(e)
(e) The department shall charge to the fund's balancing account the cost of benefits paid to an individual that are otherwise chargeable to the account of an employer that is subject to the contribution requirements of
ss. 108.17 and
108.18 if the individual receives benefits based on the application of
par. (am),
(b), or
(d).
108.04(16)(f)
(f) As a condition to qualification of a course as approved training for an individual under this subsection, the department may require a certification from the training institution showing the individual's attendance and progress in the course.
108.04(16m)(a)(a) In this subsection, "special occupational training" means training other than approved training that is offered directly by an employer to a claimant who is not employed by the employer.
108.04(16m)(b)
(b) The department shall administer a pilot program to offer special occupational training for claimants who wish to participate in areas of this state designated by the department served by 3 local workforce development boards under
29 USC 2832. The department shall offer the program within the entire area served by each designated local workforce development board.
108.04(16m)(c)
(c) The department shall accept applications from employers to offer special occupational training to claimants and shall offer claimants the opportunity to receive placements to receive the training. On the application, an employer shall affirm that it has one job opening, as of the date of the application, for each training participant that it seeks in a position that a successful participant would potentially qualify to fill. If the department finds that an employer providing placements under this subsection has not hired a reasonable percentage of qualified trainees, the department may decline to accept further applications for placements from that employer.
108.04(16m)(d)
(d) The department shall place claimants who apply to receive special occupational training with employers who offer placements. The department may only place a claimant to receive special occupational training during a claimant's benefit year.
108.04(16m)(e)
(e) Each placement shall be for a period not exceeding 6 weeks. A claimant may participate in special occupational training for not less than 20 nor more than 24 hours per week during a placement. No claimant may receive more than 2 placements during his or her benefit year. No claimant may receive a placement for any period that includes a week beginning after the end of the first 26 weeks of the claimant's benefit year.
108.04(16m)(f)
(f) A claimant who participates in special occupational training is not disqualified from receiving benefits solely on account of receiving the training. The department may suspend a claimant's obligation to be available for work during those hours in which the claimant participates in special occupational training but the claimant shall maintain his or her availability for work during other hours of the work week. Except as authorized in
s. 108.04 (8) (dm) and this subsection, a claimant shall maintain his or her eligibility for benefits during the placement and shall terminate a placement if necessary to accept any work that the claimant is required to accept in order to maintain continuous eligibility for benefits.
108.04(16m)(g)
(g) The department shall pay a stipend of $75 per week to each claimant who participates in special occupational training unless the claimant declines the stipend for the entire period of a placement by notifying the department in writing of the declination. The department shall make the payments from the appropriation under
s. 20.445 (1) (fw).
108.04(16m)(i)
(i) The department shall issue a training certificate to each claimant upon successful completion of each special occupational training placement. The certificate shall describe the skills in which the claimant received training.
108.04(16m)(j)
(j) The department may promulgate rules required to implement this section.
108.04(17)(a)(a) A school year employee of an educational institution who performs services in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(a)1.
1. During the period between 2 successive academic years or terms, if the school year employee performed such services for any educational institution in the first such year or term and if there is reasonable assurance that he or she will perform such services for any educational institution in the 2nd such year or term; or
108.04(17)(a)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employee provides for such a period, if the school year employee performed such services for any educational institution in the first such term and if there is reasonable assurance that he or she will perform such services for any educational institution in the 2nd such term.
108.04(17)(b)
(b) A school year employee of a government unit, Indian tribe, or nonprofit organization which provides services to or on behalf of an educational institution who performs services in an instructional, research, or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(b)1.
1. During the period between 2 successive academic years or terms, if the school year employee performed such services for any such government unit, Indian tribe, or nonprofit organization in the first such year or term and if there is reasonable assurance that he or she will perform such services for any such government unit, Indian tribe, or nonprofit organization in the 2nd such year or term; or
108.04(17)(b)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employee provides for such a period, if the school year employee performed such services for any such government unit, Indian tribe, or nonprofit organization in the first such term and if there is reasonable assurance that he or she will perform such services for any such government unit, Indian tribe, or nonprofit organization in the 2nd such term.
108.04(17)(c)
(c) A school year employee of an educational service agency who performs services in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(c)1.
1. During the period between 2 successive academic years or terms, if the school year employee performed such services for any educational service agency in the first such year or term and if there is reasonable assurance that he or she will perform such services for any educational service agency in the 2nd such year or term; or
108.04(17)(c)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employee provides for such a period, if the school year employee performed such services for any educational service agency in the first such term and if there is reasonable assurance that he or she will perform such services for any educational service agency in the 2nd such term.
108.04(17)(d)
(d) A school year employee of an educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employee performed such services for any educational institution in the first such year or term and there is reasonable assurance that he or she will perform such services for any educational institution in the 2nd such year or term.
108.04(17)(e)
(e) A school year employee of a government unit, Indian tribe, or nonprofit organization which provides services to or on behalf of any educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employee performed such services for any such government unit or nonprofit organization in the first such year or term and there is reasonable assurance that he or she will perform such services for any such government unit, Indian tribe, or nonprofit organization in the 2nd such year or term.
108.04(17)(f)
(f) A school year employee of an educational service agency who performs services other than in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employee performed such services for any educational service agency in the first such year or term and there is reasonable assurance that he or she will perform such services for any educational service agency in the 2nd such year or term.
108.04(17)(g)
(g) A school year employee of an educational institution who performs services as described in
par. (a) or
(d) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employee performed such services for any educational institution in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that he or she will perform the services described in
par. (a) or
(d) for any educational institution in the period immediately following the vacation period or holiday recess.
108.04(17)(h)
(h) A school year employee of a government unit, Indian tribe, or nonprofit organization which provides services to or on behalf of an educational institution who performs the services described in
par. (b) or
(e) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employee performed such services for any such government unit, Indian tribe, or nonprofit organization in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employee will perform the services described in
par. (b) or
(e) for any such government unit, Indian tribe, or nonprofit organization in the period immediately following the vacation period or holiday recess.
108.04(17)(i)
(i) A school year employee of an educational service agency who performs the services described in
par. (c) or
(f), and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employee performed such services for any educational service agency in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employee will perform the services described in
par. (c) or
(f) for any educational service agency in the period immediately following the vacation period or holiday recess.
108.04(17)(j)
(j) A school year employee who did not establish a benefit year prior to becoming ineligible to receive benefits under
pars. (a) to
(i) may establish a benefit year on or after that date if the school year employee qualifies to establish a benefit year under
s. 108.06 (2) (a), but the wages paid the school year employee for any week during which
pars. (a) to
(i) apply shall be excluded from the school year employee's base period wages under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) for any week during which
pars. (a) to
(i) apply. A school year employee who established a benefit year prior to becoming ineligible to receive benefits under
pars. (a) to
(i) may receive benefits based on employment with other employers during the benefit year only if he or she has base period wages from such employment sufficient to qualify for benefits under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) for any week during which
pars. (a) to
(i) apply.
108.04(17)(k)
(k) If benefits are reduced or denied to a school year employee who performed services other than in an instructional, research or principal administrative capacity under
pars. (d) to
(f), and the department later determines that the school year employee was not offered an opportunity to perform such services for an applicable employer under
pars. (d) to
(f) in the 2nd academic year or term, the department shall recompute the school year employee's base period wages under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) and shall make retroactive payment of benefits for each week of such reduction or denial if the school year employee:
108.04(17)(k)1.
1. Establishes a benefit year for the period for which retroactive payment is to be made, in the manner prescribed by rule of the department, if the school year employee has not established such a benefit year;
108.04(17)(k)2.
2. Files a claim under
s. 108.08 for each week of reduction or denial in the manner prescribed by rule of the department; and
108.04(17)(k)3.
3. Was otherwise eligible to receive benefits for those weeks.
108.04(18)(a)(a) The wages paid to an employee who performed services while the employee was an alien shall, if based on such services, be excluded from the employee's base period wages for purposes of
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) unless the employee is an alien who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for the purpose of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212 (d) (5) of the federal immigration and nationality act (
8 USC 1182 (d) (5)). All claimants shall be uniformly required to provide information as to whether they are citizens and, if they are not, any determination denying benefits under this subsection shall not be made except upon a preponderance of the evidence.
108.04(18)(am)
(am) Paragraph (a) does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under
par. (a) if the employee qualifies to establish a benefit year under
s. 108.06 (2) (a).
108.04(18)(b)
(b) Any amendment of s. 3304 (a) (14) of the federal unemployment tax act specifying conditions other than as stated in
par. (a) for denial of benefits based on services performed by aliens, or changing the effective date for required implementation of
par. (a) or such other conditions, which is a condition of approval of this chapter for full tax credit against the tax imposed by the federal unemployment tax act, shall be applicable to this subsection.
108.04(19)
(19) Professional athletes. An employee who performs services substantially all of which consist of participating in sports or athletic events, or training or preparing to so participate, shall be ineligible for benefits based on any employment for any week of unemployment which occurs during the period between 2 successive sport seasons or similar periods if the employee performed such services in the first such season or period and there is a reasonable assurance that the employee will perform such services in the 2nd such season or period.
108.04 History
History: 1971 c. 40,
42,
53,
211;
1973 c. 247;
1975 c. 24,
343;
1977 c. 127,
133,
286,
418;
1979 c. 52,
176;
1981 c. 28,
36,
315,
391;
1983 a. 8,
27,
99,
168;
1983 a. 189 s.
329 (28);
1983 a. 337,
384,
468,
538;
1985 a. 17,
29,
40;
1987 a. 38 ss.
23 to
59,
107,
136;
1987 a. 255,
287,
403;
1989 a. 77;
1991 a. 89;
1993 a. 112,
122,
373,
492;
1995 a. 118,
417,
448;
1997 a. 35,
39;
1999 a. 9,
15,
83;
2001 a. 35;
2003 a. 197;
2005 a. 86;
2007 a. 59;
2009 a. 11,
287;
2011 a. 32,
123,
198,
236.
108.04 Cross-reference
Cross-reference: See also chs.
DWD 132 and
133, Wis. adm. code.
