108.05(7)(d)1m.
1m. For purposes of this paragraph, a payment is actually or constructively received on other than a periodic basis if it has become definitely allocated and payable to the claimant by the close of a given week, and the department has provided due notice to the claimant that the payment will be allocated in accordance with
subd. 1.
108.05(7)(d)2.
2. The department shall allocate a pension payment that is is actually or constructively received on a periodic basis by allocating to each week the fraction of the payment attributable to that week.
108.05(7)(e)
(e)
Total employer funding. If no portion of a pension payment actually or constructively received by a claimant under this subsection is funded by the claimant's contributions, the department shall reduce the weekly benefits payable for a week of partial or total unemployment by an amount equal to the weekly pension amount if:
108.05(7)(e)1.
1. The claimant has base period wages from the employer from which the pension payment is received; and
108.05(7)(e)2.
2. The claimant has performed work for that employer since the start of the claimant's base period and that work or remuneration for that work affirmatively affected the claimant's eligibility for or increased the amount of the pension payment.
108.05(7)(f)
(f)
Partial or total employee funding. If any portion of a pension payment actually or constructively received by a claimant under this subsection is funded by the claimant's contributions, the department shall compute the benefits payable for a week of partial or total unemployment as follows:
108.05(7)(f)1.
1. If the pension payment is received under the railroad retirement act (
45 USC 231 et seq.), the department shall reduce the weekly benefits payable for a week of partial or total unemployment by 50% of the weekly pension amount.
108.05(7)(f)2.
2. If the pension payment is received under another retirement system, the claimant has base period wages from the employer from which the pension payment is received, the claimant has performed work for that employer since the start of the claimant's base period, and that work or remuneration for that work affirmatively affected the claimant's eligibility for or increased the amount of the pension payment, the department shall reduce the weekly benefits payable for a week of partial or total unemployment by 50% of the weekly pension amount, or by the percentage of the employer's contribution if acceptable evidence of a contribution by the employer other than 50% is furnished to the department.
108.05(7)(g)
(g)
Constructive receipt. A claimant constructively receives a pension payment under this subsection only for weeks occurring after:
108.05(7)(g)1.
1. An application for a pension payment has been filed by or on behalf of the claimant; and
108.05(7)(g)2.
2. The claimant has been afforded due notice from his or her retirement system of his or her entitlement to a pension payment and the amount of the pension payment to which he or she is entitled.
108.05(7)(h)
(h)
Rollovers. If a pension payment is received by a claimant on other than a periodic basis and a rollover of the pension payment, or any portion thereof, occurs by the end of the 60th day following receipt of the payment by the claimant, the payment or any portion thereof affected by the rollover is not actually or constructively received by the claimant. If a portion of a pension payment received on other than a periodic basis is affected by a rollover, the remaining portion is subject to allocation under
par. (d).
108.05(10)
(10) Deductions from benefit payments. After calculating the benefit payment due to be paid for a week under
subs. (1) to
(7), the department shall make deductions from that payment to the extent that the payment is sufficient to make the following payments in the following order:
108.05 History
History: 1971 c. 53;
1973 c. 247;
1975 c. 343;
1977 c. 29;
1979 c. 52;
1981 c. 28,
36;
1983 a. 8,
168,
384;
1985 a. 17,
40;
1987 a. 38 ss.
60 to
66,
136;
1987 a. 255;
1989 a. 77;
1991 a. 89;
1993 a. 373;
1995 a. 118;
1997 a. 39;
1999 a. 15,
56,
185,
186;
2001 a. 35,
43,
105;
2003 a. 197;
2005 a. 86,
142;
2007 a. 20,
59,
97;
2009 a. 287;
2011 a. 198; s. 35.17 correction in (3) (c) 1.
108.05 Annotation
When a claimant had not applied for pension benefits, a document from the pension fund describing the claimant's annuity alternatives and estimating monthly payments did not satisfy the "due notice of eligibility" requirement under sub. (7) (d) [now (7) (g)]. The claimant was entitled to receive both pension and unemployment benefits for a limited period. Calumet County v. LIRC,
120 Wis. 2d 297,
354 N.W.2d 216 (Ct. App. 1984).
108.06
108.06
Benefit entitlement. 108.06(1)(1) Except as provided in
subs. (6) and
(7) and
ss. 108.141 and
108.142, no claimant may receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under
s. 108.05 (1) or 40% of the claimant's base period wages, whichever is lower. Except as provided in
subs. (6) and
(7) and
ss. 108.141 and
108.142, if a claimant's base period wages are reduced or canceled under
s. 108.04 (5) or
(18), or suspended under
s. 108.04 (1) (f),
(10) (a), or
(17), the claimant may not receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under
s. 108.05 (1) or 40% of the base period wages not reduced, canceled or suspended which were paid or payable to the claimant, whichever is lower.
108.06(2)(a)(a) A claimant may establish a benefit year in the manner prescribed by the department by rule, whenever the claimant qualifies to start a benefit year under
s. 108.04 (4) (a) and:
108.06(2)(a)2.
2. The employee has experienced a reduction in hours of employment of at least 25% in one week as compared to his or her average number of hours of employment for the preceding 13 weeks; or
108.06(2)(a)3.
3. The employee reasonably expects to be eligible to receive benefits during the next 13 weeks.
108.06(2)(b)
(b) No employee is eligible to receive benefits before the employee establishes a benefit year.
108.06(2)(bm)
(bm) An employee's benefit year begins on the Sunday of the week in which the employee files a valid request to establish a benefit year with the department, except that the department may permit an employee to begin a benefit year prior to that time under circumstances prescribed by rule of the department.
108.06(2)(c)
(c) No benefits are payable to a claimant for any week of unemployment not occurring during the claimant's benefit year except under
sub. (7) and
ss. 108.141 and
108.142.
108.06(2)(cm)
(cm) If an employee qualifies to receive benefits using the base period described in
s. 108.02 (4) (b), the wages used to compute the employee's benefit entitlement are not available for use in any subsequent benefit computation for the same employee, except under
sub. (7) and
s. 108.141 or
108.142.
108.06(2)(d)
(d) A claimant may request that the department 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.
108.06 Cross-reference
Cross-reference: See also s.
DWD 129.04, Wis. adm. code.
108.06(2m)
(2m) Wisconsin supplemental benefits are only available to claimants during a Wisconsin supplemental benefit period. If an extended benefit period ends prior to the end of a claimant's previously established benefit year, any remaining Wisconsin supplemental benefit entitlement, reduced by the amount of extended benefits paid to him or her, shall again be available to the claimant within the remainder of the benefit year only if there is a Wisconsin supplemental benefit period in effect. In this subsection, "extended benefits", "extended benefit period", "Wisconsin supplemental benefits" and "Wisconsin supplemental benefit period" have the meanings given in
ss. 108.141 and
108.142.
108.06(3)
(3) There shall be payable to an employee, for weeks ending within the employee's benefit year, only those benefits computed for that benefit year based on the wages paid to the employee in the immediately preceding base period. Wages used in a given benefit computation are not available for use in any subsequent benefit computation except under
sub. (7) and
s. 108.141.
108.06(5)
(5) An employee has a valid new claim week starting a new benefit year if all the following conditions are met:
108.06(5)(a)
(a) The week is not within an unexpired benefit year or similar period of eligibility for unemployment insurance in another state unless the employee's eligibility for unemployment insurance in the other state is exhausted, terminated, indefinitely postponed or affected by application of a seasonal restriction.
108.06(5)(c)
(c) The employee has met the general qualifying requirements provided in
s. 108.04 (2) applicable to the employee for that week.
108.06(6)
(6) If a claimant has established a benefit year prior to the effective date of any increase in the maximum weekly benefit rate provided under
s. 108.05 (1), the claimant has not exhausted his or her total benefit entitlement under
sub. (1) for that benefit year on that effective date, and the claimant was entitled to receive the maximum weekly benefit rate under
s. 108.05 (1) that was in effect prior to that effective date, the limitation on the total benefits authorized to be paid to a claimant under
sub. (1) does not apply to that claimant in that benefit year. Unless
sub. (7) or
s. 108.141 or
108.142 applies, the claimant's remaining benefit entitlement in that benefit year for the period beginning on that effective date shall be computed by:
108.06(6)(a)
(a) Subtracting the total benefits received by the claimant prior to that effective date from the claimant's maximum benefit entitlement established prior to that effective date under
sub. (1);
108.06(6)(b)
(b) Dividing the result obtained under
par. (a) by the maximum weekly benefit rate that was in effect prior to that effective date; and
108.06(6)(c)
(c) Multiplying the result obtained under
par. (b) by the weekly benefit rate which is payable to the claimant under
s. 108.05 (1) after that effective date.
108.06(7)(a)1.
1. "Applicable benefit year" means, with respect to a claimant, the claimant's current benefit year if at the time an initial claim for benefits under this subsection is filed the claimant has an unexpired benefit year or, in any other case, the claimant's most recent benefit year.
108.06(7)(b)
(b) Except as provided in
pars. (f) and
(g), a claimant who is otherwise eligible for benefits and who is currently enrolled in a training program is eligible, while enrolled in that training program, for additional benefits under this subsection provided that the claimant:
108.06(7)(b)1.
1. Has exhausted all rights to regular benefits, Wisconsin supplemental benefits, federal emergency compensation benefits under
P.L. 110-252 and
P.L. 110-449, as amended, extended benefits under
s. 108.141, and the federal trade act of 1974 (
P.L. 93-618), or any other similar state or federal program of additional benefits;
108.06(7)(b)2.
2. If not in a current benefit year, has a benefit year that ended no earlier than 52 weeks prior to the week for which the claimant first claims benefits under this subsection;
108.06(7)(b)3.
3. Except as provided in
par. (e), is first enrolled in a training program within the claimant's applicable benefit year;
108.06(7)(b)4.
4. Is not receiving similar stipends or other training allowances for nontraining costs; and
108.06(7)(b)6.
6. Is being trained for entry into a high-demand occupation.
108.06(7)(c)
(c) The weekly benefit rate payable to a claimant under this subsection for a week of total unemployment is an amount equal to the most recent weekly benefit rate in the claimant's applicable benefit year as determined under
s. 108.05 (1).
108.06(7)(d)
(d) A claimant may receive total benefits under this subsection of not more than 26 times the claimant's weekly benefit rate that applied to the claimant's applicable benefit year while enrolled in a training program. The benefits authorized under this subsection are in addition to any regular benefits, extended benefits, or additional benefits authorized under federal law to which a claimant may be entitled.
108.06(7)(e)
(e) A claimant who is otherwise eligible for benefits under
par. (b) and whose applicable benefit year ends in a week in which benefits are payable in this state under
s. 108.141 or
108.142, or
P.L. 110-252 or
P.L. 110-449, as amended, or another similar state or federal program of additional benefits, is also eligible for benefits under this subsection if the claimant is first enrolled in a training program within 52 weeks after the end of the claimant's applicable benefit year.
108.06(7)(f)
(f) No benefits may be paid to a claimant under this subsection for weeks beginning more than 52 weeks after the first week for which the claimant received benefits under this subsection.
108.06(7)(g)
(g) Except when the result would be inconsistent with the other provisions of this subsection, the provisions of this chapter that apply to claims for, or the payment of, regular benefits apply to claims for, and the payment of, benefits under this subsection.
108.06(7)(h)
(h) The occupations that qualify as high-demand for purposes of this subsection shall be determined by the department.
108.06(7)(i)
(i) The restrictions on benefit reductions and disqualifications in
s. 108.04 (16) apply to a claimant in a training program who is entitled to receive benefits under this subsection.
108.06(7)(j)
(j) The department shall charge benefits paid under this subsection in the same manner as benefits are charged under
s. 108.04 (16) (e).
108.065
108.065
Determination of employer. 108.065(1e)
(1e) Except as provided in
subs. (2) and
(3), if there is more than one employing unit that has a relationship to an employee, the department shall determine which of the employing units is the employer of the employee by considering the following:
108.065(1e)(a)
(a) An employing unit's right by contract and in fact to:
108.065(1e)(a)1.
1. Determine a prospective employee's qualifications to perform the services in question and to hire or discharge the employee.
108.065(1e)(a)2.
2. Determine the details of the employee's pay including the amount of, method of, and frequency of changes in that pay.
108.065(1e)(a)3.
3. Train the employee and exercise direction and control over the performance of services by the employee and when and how they are to be performed.
108.065(1e)(a)4.
4. Impose discipline upon the employee for rule or policy infractions or unsatisfactory performance.
108.065(1e)(a)5.
5. Remove the employee from one job or assign the employee to a different job.
108.065(1e)(a)7.
7. Evaluate the quantity and quality of the services provided by the employee.
108.065(1e)(a)8.
8. Assign a substitute employee to perform the services of an employee if the employee is unavailable for work or is terminated from work.
108.065(1e)(a)9.
9. Assign alternative work to the employee if the employee is removed from a particular job.
108.065(1e)(b)1.
1. Benefits directly or indirectly from the services performed by the employee.
108.065(1e)(b)2.
2. Maintains a pool of workers who are available to perform the services in question.
108.065(1e)(b)3.
3. Is responsible for employee compliance with applicable regulatory laws and for enforcement of such compliance.
108.065(2)(a)(a) A temporary help company is the employer of an individual who the company engages in employment to perform services for a client or customer of the company.
108.065 Note
NOTE: Sub. (1) was renumbered to sub. (2) (a) 1. by
2011 Wis. Act 198 and, as renumbered, was renumbered to sub. (2) (a) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
108.065(2)(b)
(b) A professional employer organization is the employer of the employees who it engages to perform services for its client, including a corporate officer if the officer's position is included in the employee leasing agreement with the client.
108.065(2)(c)
(c) A corporation which pays wages to an employee who is concurrently employed by that corporation and one or more related corporations for work performed for the corporation which pays the wages and the related corporation or corporations is the employer of that employee. For purposes of this subsection, if 2 or more corporations are related corporations at any time during a quarter, they are related corporations during that entire quarter.
108.065(3)
(3) A provider of home health care and personal care services for medical assistance recipients under
ch. 49 may elect to be the employer of one or more employees providing those services. As a condition of eligibility for election to be the employer of one or more employees providing those services, the provider shall notify in writing the recipient of any such services of its election, for purposes of the unemployment insurance law, to be the employer of any worker providing such services to the recipient, and must be treated as the employer by the federal internal revenue service for purposes of federal unemployment taxes on the worker's services.
108.065 History
History: 1987 a. 255;
1993 a. 373;
1997 a. 39;
2001 a. 35;
2011 a. 198; s. 13.92 (1) (bm) 2.
108.066
108.066
Seasonal employers and seasons.
