108.04(11)(bh)
(bh) In addition to ineligibility for benefits resulting from concealment as provided in par.
(be), the department shall assess a penalty against the claimant in an amount equal to 40 percent of the benefit payments erroneously paid to the claimant as a result of one or more acts of concealment described in pars.
(a) and
(b).
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)1.1. In this subsection, “
conceal" means to intentionally mislead the department by withholding or hiding information or making a false statement or misrepresentation.
108.04(11)(g)2.
2. A claimant has a duty of care to provide an accurate and complete response to each inquiry made by the department in connection with his or her receipt of benefits. The department shall consider the following factors in determining whether a claimant intended to mislead the department as described in subd.
1.:
108.04(11)(g)2.a.
a. Whether the claimant failed to read or follow instructions or other communications of the department related to a claim for benefits.
108.04(11)(g)2.b.
b. Whether the claimant relied on the statements or representations of persons other than an employee of the department who is authorized to provide advice regarding the claimant's claim for benefits.
108.04(11)(g)2.c.
c. Whether the claimant has a limitation or disability and, if so, whether the claimant provided evidence to the department of that limitation or disability.
108.04(11)(g)2.e.
e. Any instructions or previous determinations of concealment issued or provided to the claimant.
108.04(11)(g)2.f.
f. Any other factor that may provide evidence of the claimant's intent.
108.04(11)(g)3.
3. Nothing in this subsection requires the department, when making a finding of concealment, to determine or prove that a claimant had an intent or design to receive benefits to which the claimant knows he or she was not entitled.
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 or a permanent 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, a temporary partial disability payment, or a permanent total 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(12)(f)1m.1m. The intent of the legislature in enacting this paragraph is to prevent the payment of duplicative government benefits for the replacement of lost earnings or income, regardless of an individual's ability to work.
108.04(12)(f)2m.
2m. In this paragraph, “
social security disability insurance payment" means a payment of social security disability insurance benefits under 42 USC
ch. 7 subch. II.
108.04(12)(f)3.a.a. Except as provided in subd.
3. b. to
d., an individual is ineligible for benefits under this chapter for each week in the entire month in which a social security disability insurance payment is issued to the individual.
108.04(12)(f)3.b.
b. In the first month a social security disability insurance payment is first issued to an individual, the individual is ineligible for benefits under this chapter for each week beginning with the week the social security disability insurance payment is issued to the individual and all subsequent weeks in that month.
108.04(12)(f)3.c.
c. Following a cessation of social security disability insurance payments to an individual and upon the individual again being issued a social security disability insurance payment, the individual is ineligible for benefits under this chapter for each week beginning with the week the social security disability insurance payment is issued to the individual and all subsequent weeks in that month.
108.04(12)(f)3.d.
d. Following cessation of social security disability insurance payments, an individual may be eligible for benefits under this chapter, if otherwise qualified, beginning with the week following the last Saturday of the month in which the individual is issued his or her final social security disability insurance payment.
108.04(12)(f)4.
4. Information that the department receives or acquires from the federal social security administration regarding the issuance of social security disability insurance payments is considered conclusive, absent clear and convincing evidence that the information was erroneous.
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 before 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 before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, before 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, 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 do one of the following:
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.
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 that is subject to reimbursement financing, the department shall do one of the following:
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, unless subd.
4. c. applies.
108.04(13)(d)4.c.
c. If the erroneous payment resulted from a false statement or representation about an individual's identity and the employer was not at fault for the erroneous payment, restore the proper amount to the employer's account and reimburse the balancing account by crediting to it benefits that would otherwise be payable to, or cash recovered from, the individual who caused the erroneous payment.
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 before the end of the week in which the department makes a recomputation of the benefits allowable or before 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
before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued,
before 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, 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(13)(g)1.a.
a. “Combined-wage claim" means a claim for benefits under this chapter that is filed pursuant to a reciprocal arrangement entered into under s.
108.14 (8n).
108.04(13)(g)1.b.
b. “Out-of-state employer" means a person that employs an individual who files a combined-wage claim in which the wages and employment from that person are covered under the unemployment compensation law of another state.
108.04(13)(g)2.
2. The department may issue a determination that an out-of-state employer is at fault for the erroneous payment of benefits under a combined-wage claim in the same manner as the department issues determinations under s.
108.10, if the unemployment insurance account of the out-of-state employer is potentially chargeable.
108.04(13)(g)3.
3. A determination issued under subd.
2. is subject to s.
108.10 and may be appealed in the same manner as a determination issued under s.
108.10.
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(15)
(15) Department powers to assist claimants. 108.04(15)(a)(a) Except as provided in par.
(b), the department may do any of the following for the purpose of assisting claimants to find or obtain work:
108.04(15)(a)1.
1. Use the information or materials provided under sub.
(2) (a) 4. to assess a claimant's efforts, skills, and ability to find or obtain work and to develop a list of potential opportunities for a claimant to obtain suitable work. A claimant who otherwise satisfies the requirement under sub.
(2) (a) 3. is not required to apply for any specific positions on the list in order to satisfy that requirement.
108.04(15)(a)2.
2. Require a claimant to participate in a public employment office workshop or training program or in similar reemployment services that do not charge the claimant a participation fee and that offer instruction to improve the claimant's ability to obtain suitable work.
108.04(15)(b)
(b) This subsection does not apply with respect to a claimant who is exempt from any of the requirements in sub.
(2) (a) 2. or
3. in a given week.
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)(a)4.
4. A plan for training approved under the federal Workforce Innovation and Opportunity Act,
29 USC 3101 to
3361, or another federal law that enhances job skills.
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(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:
