reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 74 - CLAIMS FOR BENEFITS (§§ 8-74-101 — 8-74-110) › Section 8-74-101 - Claims for benefits - employer-provided information required

(1)
Claims for benefits shall be made, processed, and reviewed pursuant to articles
70
to
82
of this title and such regulations as the director of the division may prescribe.
(2)
Every employer shall post and maintain notices to inform his employees that he is subject to the "Colorado Employment Security Act" and has been so registered by the division. Such notices shall be conspicuously posted at or near work locations after an employer's account number has been assigned by the division and shall be supplied by the division in reasonable numbers and without cost.
(3)
Copies of articles
70
to
82
of this title and rules and regulations shall be supplied without cost by the division to any person who requests a copy.
(4)
At the time of separation from an employer, the employer shall provide each employee, in a written format and distribution method, to include electronic or hard copy, that is determined by the division, information regarding the availability of unemployment compensation benefits. The information must include:
(a)
The employer's name and address;
(b)
The employee's name and address;
(c)
The employee's identification number or the last four numbers of the employee's social security number;
(d)
The employee's start date, date of last day worked, year-to-date earnings, and wages for the last week the employee worked; and
(e)
The reason the employee separated from the employer.
Amended by 2022 Ch. 224, § 5, eff. 5/25/2022.
L. 76: Entire article R&RE, p. 354, § 1, effective October 1. L. 81: Entire section R&RE, p. 484, § 7, effective July 1. L. 86: (1) amended, p. 489, § 90, effective July 1.
This section is similar to former § 8-74-101 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 74 - CLAIMS FOR BENEFITS (§§ 8-74-101 — 8-74-110) › Section 8-74-103 - Hearing officer review

(1)
Any interested party who is dissatisfied with a deputy's decision may appeal that decision and obtain a hearing covering any issue relevant to the disputed claim. The issue of a claimant's availability will be relevant to the extent set forth in section
8-73-107(1)(c)(I)(A)
. The initial appeal shall be to a hearing officer designated by the director of the division and must be received by the division within twenty calendar days after the date of notification of the decision of the deputy in accordance with such rules as the director of the division may promulgate. "Deputy", as used in this article, means a person who adjudicates claims for the division when Colorado is the paying state. Wages paid in Colorado and transferred to another state in which the claimant has filed shall not be subject to adjudication by a deputy of the division or to an appeal directed to this state.
(2)
The hearing officer shall have the power and authority to call, preside at, and conduct hearings pursuant to the provisions of section
8-72-108
and such regulations as the director of the division may prescribe.
(3)
The hearing officer, after affording all interested parties a reasonable opportunity for a fair hearing in conformity with the provisions of this article and the regulations of the division, shall make a decision on each relevant issue raised, including findings of fact, conclusions of law, and an order. The division shall promptly provide all interested parties with copies of the hearing officer's decision.
(4)
The hearing officer may conduct all appeal hearings at designated locations which are most convenient to the claimant and employer. If the claimant and employer request that such hearing be bifurcated, the division may honor this request.
L. 76: Entire article R&RE, p. 355, § 1, effective October 1. L. 79: (1) amended and (4) added, p. 352, § 15, effective September 30. L. 81: Entire section R&RE, p. 484, § 8, effective July 1. L. 86: (2) and (3) amended, p. 489, § 92, effective July 1. L. 96: (1) amended, p. 383, § 7, effective April 17. L. 2002: (1) amended, p. 337, § 2, effective April 19. L. 2007: (1) amended, p. 803, § 4, effective August 3.
This section is similar to former §§ 8-74-103 and 8-74-104 as they existed prior to 1976.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 74 - CLAIMS FOR BENEFITS (§§ 8-74-101 — 8-74-110) › Section 8-74-104 - Industrial claim appeals office review

(1)
Any interested party who is dissatisfied by a hearing officer's decision may appeal that decision and obtain administrative review by the industrial claim appeals office. Any such appeal must be received by the industrial claim appeals office within twenty calendar days after the date of notification of the decision of the hearing officer. The director of the division may prescribe rules for the conduct of such appeals, including apportionment of transcript costs (not to exceed the actual costs of such materials), filing methods, briefing schedules, and similar matters.
(2)
Upon petition to review by an interested party, the industrial claim appeals panel may affirm, modify, reverse, or set aside any decision of a hearing officer on the basis of the evidence in the record previously submitted in the case.
(3)
The industrial claim appeals office shall promptly provide all interested parties with copies of the industrial claim appeals panel's written decision and order in each case.
(4)
The panel shall have the power to issue such procedural orders as may be necessary to carry out its appellate review under subsection (2) of this section, including, but not limited to, orders concerning the acceptance of appeals before the panel and orders granting or denying requests for extension of time.
L. 76: Entire article R&RE, p. 355, § 1, effective October 1. L. 79: (1) amended, p. 352, § 16, effective September 30. L. 81: (1) amended, p. 485, § 9, effective July 1. L. 86: Entire section R&RE, p. 490, § 93, effective July 1. L. 92: Entire section amended, p. 1812, § 2, effective March 19. L. 96: (1) amended, p. 383, § 8, effective April 17. L. 2002: (1) amended, p. 337, § 3, effective April 19. L. 2007: (1) amended, p. 804, § 5, effective August 3.
This section is similar to former § 8-74-105 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 74 - CLAIMS FOR BENEFITS (§§ 8-74-101 — 8-74-110) › Section 8-74-105 - Reconsiderations

The deputy, hearing officer, or industrial claim appeals panel may, on his or its own motion, reconsider a decision within a twelve-month period subsequent to the date of decision when it appears that an apparent procedural or substantive error has occurred in connection therewith. Notification of a decision on reconsideration and the reasons therefor shall be promptly given to all interested parties. In the event that an appeal involving an original decision is pending as of the date on which a decision as a result of reconsideration is issued by the division, such appeal shall be considered void. Any interested party who is dissatisfied by a decision that is issued as a result of reconsideration may appeal that decision in the manner set forth in section
8-74-106
.
L. 76: Entire article R&RE, p. 355, § 1, effective October 1. L. 86: Entire section amended, p. 490, § 94, effective July 1; entire section amended, p. 543, § 8, effective July 1.
This section is similar to former § 8-74-110 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 74 - CLAIMS FOR BENEFITS (§§ 8-74-101 — 8-74-110) › Section 8-74-108 - Conclusiveness of determinations and decisions

Any right, fact, or matter in issue directly passed upon or necessarily involved in a decision of a deputy, a hearing officer, the industrial claim appeals office, or the court of appeals which has become a final decision under this article, after appeal procedures, if initiated, have been completed or otherwise terminated, shall be conclusive for all the purposes of articles
70
to 82 of this title as between all interested parties. No finding of fact or law, judgment, conclusion, or final order made with respect to a determination made under articles 70 to
82
of this title may be conclusive or binding or used as evidence in any separate or subsequent action or proceeding in another forum, except proceedings under articles
70
to 82 of this title, regardless of whether the prior action was between the same or related parties or involved the same facts. No findings of fact or law, judgment, conclusion, or final order made by any other agency, administrative body, or forum that are not made pursuant to articles 70 to
82
of this title shall be binding on the division for the purposes of articles
70
to 82 of this title.
L. 76: Entire article R&RE, p. 358, § 1, effective October 1. L. 84: Entire section amended, p. 318, § 9, effective July 1. L. 86: Entire section amended, p. 493, § 97, effective July 1. L. 87: Entire section amended, p. 404, § 2, effective April 16. L. 92: Entire section amended, p. 1795, § 5, effective April 10.
This section is similar to former § 8-74-111 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 74 - CLAIMS FOR BENEFITS (§§ 8-74-101 — 8-74-110) › Section 8-74-109 - Payment of benefits

(1)
Notwithstanding any other provisions of this article, if a decision grants benefits to a claimant, such benefits shall be promptly paid in accordance with and upon issuance of the decision. If further benefits are granted by a subsequent decision, all accrued and unpaid benefits shall be promptly paid. If a subsequent decision denies or reduces benefits, subsequent benefits shall be denied or reduced pursuant to and upon issuance of the decision. If the final decision denies benefits, no employer's rating account shall be charged with benefits paid.
(2)
If by reason of fraud, mistake, or clerical error a claimant receives moneys in excess of benefits to which he is entitled or if a claimant receives benefits to which he is subsequently determined to be not entitled as a result of a final decision in the appeals process, the division shall recoup such moneys in accordance with section
8-79-102
and such regulations as may be prescribed by the director of the division.
L. 76: Entire article R&RE, p. 358, § 1, effective October 1. L. 83: (2) amended, p. 430, § 5, effective June 3. L. 86: (2) amended, p. 493, § 98, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 74 - CLAIMS FOR BENEFITS (§§ 8-74-101 — 8-74-110) › Section 8-74-110 - [Repealed]

L. 89: Entire section added, p. 371, § 2, effective July 1. L. 92: Entire section repealed, p. 1812, § 4, effective March 19.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 1 - EXTENDED BENEFITS (§§ 8-75-101 — 8-75-108) › Section 8-75-102 - Effect of state law provisions relating to regular benefits on claims for, and payment of, extended benefits

Except when the result would be inconsistent with the other provisions of this section as provided in the regulations of the division, the provisions of articles
70
to
82
of this title which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
L. 71: R&RE, p. 945, § 18. C.R.S. 1963: § 82-13-2.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 1 - EXTENDED BENEFITS (§§ 8-75-101 — 8-75-108) › Section 8-75-103 - Eligibility requirements for extended benefits

(1)
An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the division finds that with respect to such week:
(a)
He is an exhaustee;
(b)
He has satisfied the requirements of articles
70
to
82
of this title for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and
(c)
He files his interstate claim from a state in which there is an extended benefits state "on" indicator. If he files his interstate claim from a state in which there is an extended benefits state "off" indicator, he shall be paid for not more than the first two weeks in which extended benefits are payable in an interstate claim.
L. 71: R&RE, p. 946, § 18. C.R.S. 1963: § 82-13-3. L. 81: (1)(a) and (1)(b) amended and (1)(c) added, p. 512, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 1 - EXTENDED BENEFITS (§§ 8-75-101 — 8-75-108) › Section 8-75-104 - Weekly extended benefit amount

The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year; except that, for any week during a period in which federal payments to states under section 204 of the "Federal-State Extended Unemployment Compensation Act of 1970" and amendments thereto are reduced under section 252 of the "Balanced Budget and Emergency Deficit Control Act of 1985" and amendments thereto, the weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. Such reduced weekly extended benefit amount, if not an even dollar amount, shall be rounded to the next lower full dollar amount.
L. 71: R&RE, p. 946, § 18. C.R.S. 1963: § 82-13-4. L. 87: Entire section amended, p. 412, § 1, effective April 16.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 1 - EXTENDED BENEFITS (§§ 8-75-101 — 8-75-108) › Section 8-75-105 - Total extended benefit amount

(1)
The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the following amounts:
(a)
Fifty percent of the total amount of regular benefits which were payable to him under articles
70
to
82
of this title in his applicable benefit year; or
(b)
Thirteen times his weekly benefit amount which was payable to him under articles
70
to
82
of this title for a week of total unemployment in the applicable benefit year.
(2)
Notwithstanding any other provisions of this part 1, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this subsection (2), be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by an amount equal to the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year multiplied by the individual's weekly benefit amount for extended benefits.
(3)
Notwithstanding any other provision of this part 1, during any fiscal year in which federal payments to states under section 204 of the "Federal-State Extended Unemployment Compensation Act of 1970" and amendments thereto are reduced under section 252 of the "Balanced Budget and Emergency Deficit Control Act of 1985" and amendments thereto, the total extended benefit amount payable to an individual with respect to his or her applicable benefit year shall be reduced by an amount equal to the aggregate of the reductions in the weekly amounts paid to the individual under section
8-75-104
.
L. 71: R&RE, p. 946, § 18. C.R.S. 1963: § 82-13-5. L. 82: (2) added, p. 238, § 6, effective July 1. L. 87: (3) added, p. 412, § 2, effective April 16. L. 2010: (2) and (3) amended, (SB 10 -028), ch. 397, p. 1890, § 3, effective June 9.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 1 - EXTENDED BENEFITS (§§ 8-75-101 — 8-75-108) › Section 8-75-106 - Beginning and termination of extended benefit period

(1)
Whenever an extended benefit period is to become effective in this state as a result of an "on" indicator, or an extended benefit period is to be terminated in this state as a result of an "off" indicator, the division shall make an appropriate public announcement.
(2)
Computations required by the provisions of section
8-75-101(10)
shall be made by the division, in accordance with regulations prescribed by the United States secretary of labor.
L. 71: R&RE, p. 946, § 18. C.R.S. 1963: § 82-13-6. L. 82: (1) amended, p. 238, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 1 - EXTENDED BENEFITS (§§ 8-75-101 — 8-75-108) › Section 8-75-107 - [Repealed]

L. 75: Entire section added, p. 325, § 1, effective January 1. L. 79: Entire section repealed, p. 1632, § 3, effective July 19.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 1 - EXTENDED BENEFITS (§§ 8-75-101 — 8-75-108) › Section 8-75-108 - Total unemployment rate extended benefits

(1)
For weeks of unemployment beginning on or after November 1, 2020:
(a)
There is an "on" indicator for a week of TUR extended benefits, in the amount determined pursuant to sections
8-75-104
and
8-75-105
, if subsections (1)(a)(I) and (1)(a)(II) of this section apply:
(I)
The seasonally adjusted TUR, as determined by the United States secretary of labor, for the most recent three months for which data for all states is published, equals or exceeds six and one-half percent;
(II)
The average TUR in the state equals or exceeds one hundred ten percent of the TUR for either or both of the corresponding three-month periods in the two preceding calendar years.
(III)
Repealed.
(b)
There is an "off" indicator for weeks of TUR extended benefits if any of the following applies:
(I)
The TUR falls below six and one-half percent;
(II)
The requirement described in subsection (1)(a)(II) of this section is not satisfied; or
(III)
Pursuant to section 4105 of the federal "Families First Coronavirus Response Act", Pub.L. 116-127, as amended, or pursuant to any other federal law, there is not an extension of one hundred percent federal sharing available to cover the cost of extended benefits.
(2)
For weeks of unemployment beginning on or after November 1, 2020, the total amount of TUR extended benefits payable in a high unemployment period to an eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts:
(a)
Eighty percent of the total amount of regular benefits that were payable to the eligible individual under articles
70
to
82
of this title 8 in the applicable benefit year;
(b)
Twenty times the weekly benefit amount that was payable to the eligible individual under articles
70
to
82
of this title 8 for a week of total unemployment in the applicable benefit year; or
(c)
Forty-six times the individual's weekly benefit amount, including any applicable dependents' allowances, for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits that were paid or deemed paid to the individual with respect to the applicable benefit year.
Amended by 2020EX1 Ch. 8, § 4, eff. 12/7/2020.
L. 2009: Entire section added, (SB 09-247), ch. 2235, p. 2235, § 9, effective July 1. L. 2011: (1) amended, (SB 11 -010), ch. 209, p. 209, § 3, effective March 29. L. 2020, 1st Ex. Sess.: IP(1), IP(1)(a), (1)(b), and (2) amended and (1)(a)(III) repealed, (SB 20B-002), ch. 8, p. 43, § 4, effective December 7.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-201 - Short title

This part 2 shall be known and may be cited as the "Colorado Work Share Program".
L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1886, §1, effective June 9.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Affected unit" means a specified plant, department, shift, or other definable unit to which a work share plan applies.
(2)
"Director" means the director of the division or his or her designee.
(3)
"Normal weekly work hours" means the number of hours in a week that an employee ordinarily works for a participating employer or forty hours, whichever is less.
(4)
"Work share plan" means a plan for reducing unemployment under which employees who are members of an affected unit share the work remaining after a reduction in their normal weekly work hours.
L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1886, §1, effective June 9. L. 2012: (2) amended, (HB 12-1120), ch. 27, p. 105, § 14, effective June 1.
The effective date for amendments to this section by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-204 - Employee eligibility for unemployment benefits under the work share plan - employee eligibility for job training

(1)
Notwithstanding any other provision of this title 8, an employee may be eligible for unemployment compensation benefits for a particular week pursuant to this part 2 if:
(a)
The employee is employed as a member of an affected unit that is subject to an approved work share plan that is in effect for that week;
(b)
The employee's normal remuneration has been reduced by an amount consistent with a reduction in hours rules as established in an approved work share plan pursuant to section
8-75-203(2)(c)
; and
(c)
The employee is able and available to work additional or full-time hours with his or her employer.
(2)
The eligibility requirements for the receipt of unemployment compensation benefits related to the availability for work, actively seeking work, and refusing to apply for or to accept work with an employer other than the employee's current employer, pursuant to sections
8-73-107
and
8-73-108(5)
, shall not apply to an employee subject to this part 2.
(3)
An eligible employee may participate in training, including employer-sponsored training and training funded through the federal "Workforce Innovation and Opportunity Act",
29 U.S.C. sec. 3101
et seq., to enhance job skills if the training program has been approved by the department of labor and employment.
Amended by 2020 Ch. 296,§ 7, eff. 7/14/2020.
Amended by 2016 Ch. 183,§ 2, eff. 5/19/2016.
Amended by 2013 Ch. 147,§ 4, eff. 7/1/2013.
L. 2010: Entire part added, (SB 10-028), ch. 1888, p. 1888, § 1, effective June 9. L. 2013: (3) added, (SB 13-157), ch. 473, p. 473, § 4, effective July 1. L. 2016: (3) amended, (HB 16-1302), ch. 626, p. 626, § 2, effective May 19. L. 2020: IP(1) and (1)(b) amended, (SB 20-207), ch. 1474, p. 1474, § 7, effective July 14.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-205 - Benefits formula - limitation of benefits

(1)
Formula.
The division shall pay an employee who is eligible for unemployment compensation benefits under a work share plan a weekly benefit that is the product of the employee's regular weekly benefit amount pursuant to article
73
of this title, multiplied by the nearest full percentage of the reduction of the employee's work hours, rounded down to the next full dollar.
(2)
Limitations.
(a)
An individual is not entitled to receive unemployment compensation benefits pursuant to this part 2 and regular unemployment compensation benefits that exceed the maximum allowable total benefits payable to an individual in a benefit year pursuant to articles
70
to 82 of this title.
(b)
The division shall not pay unemployment compensation benefits to an employee for a week in which the employee is compensated for work for his or her employer that exceeds the reduced hours established under the work share plan.
(c)
An employee receiving weekly unemployment compensation benefits under a work share plan is not entitled to receive benefits for partial employment pursuant to section
8-73-103
for the same week.
(d)
The waiting period of one week in section
8-73-107(1)(d)
that applies to the payment of benefits for total or partial unemployment shall apply to the payment of benefits pursuant to this part 2.
L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1888, §1, effective June 9.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-206 - Work share plan - effective date - expiration - termination

(1)
A work share plan and the payment of unemployment compensation benefits pursuant to the plan shall begin the first week following approval of the plan by the director or the first week specified by the employer, whichever is later.
(2)
A work share plan shall expire twelve months after the effective date of the plan.
(3)
The director may terminate a work share plan for good cause if the plan is not executed according to the terms and intent of the program. "Good cause" may include failure to comply with section
8-75-203
, unreasonable revision of productivity standards for the affected unit, or other conduct by the employer that may compromise the purpose, intent, and effectiveness of a work share plan.
L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1889, §1, effective June 9.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-207 - Work share plan modifications

(1)
An employer may modify a work share plan to meet changed conditions if the modification conforms to the basic provisions of the plan as originally approved by the director.
(2)
Before a proposed change to a work share plan may be implemented:
(a)
The collective bargaining agent shall approve the modification to the plan if an employee is covered by a collective bargaining unit;
(b)
The employer shall report the change in writing to the division; and
(c)
The director shall approve the modified plan.
(3)
The director shall approve or deny a modified work share plan using the same standards and requirements that are used for the original work share plan in accordance with section
8-75-203
.
(4)
Approval of a modified work share plan shall not affect the original expiration date of the work share plan.
L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1889, §1, effective June 9.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-208 - Benefits payments charged to employer

If reimbursement to the state for unemployment compensation is not available pursuant to the federal "Layoff Prevention Act of 2012", Subtitle D of Title II of Pub.L. 112-96, unemployment compensation benefits paid to an employee pursuant to this part 2 shall be charged to the account of the employer participating in the work share plan in the same manner as regular benefits pursuant to section
8-73-108 (3)(e)(I)
.
Amended by 2013 Ch. 147, § 5, eff. 7/1/2013.
L. 2010: Entire part added, (SB 10 -028), ch. 397, p. 1890, § 1, effective June 9. L. 2013: Entire section amended, (SB 13-157), ch. 147, p. 473, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 75 - EXTENDED BENEFITS PROGRAM (§§ 8-75-101 — 8-75-209) › Part 2 - WORK SHARE PROGRAM (§§ 8-75-201 — 8-75-209) › Section 8-75-209 - [Repealed]

Repealed by 2013 Ch. 147,§1, eff. 7/1/2013.
L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1890, §1, effective June 9. L. 2013: Entire section repealed, (SB 13-157), ch. 147, p. 472, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-101 - Payment

(1)
Premiums shall accrue and become payable by each employer for each calendar year in which the employer is subject to articles
70
to
82
of this title with respect to wages for employment. The premiums shall become due and be paid by each employer to the division for the fund in accordance with rules prescribed by the director of the division and shall not be deducted, in whole or in part, from the wages of individuals in the employer's employ.
(2)
In the payment of any premiums, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
(3)
When the quarterly amount of premiums due is less than five dollars, payment of the premiums shall not be required.
L. 36, 3rd Ex. Sess.: p. 26, § 7. CSA: C. 167A, § 7. L. 41: p. 773, § 7. CRS 53: § 82-6-1. C.R.S. 1963: § 82-6-1. L. 81: Entire section amended, p. 492, § 7, effective July 1. L. 86: (1) amended, p. 493, § 99, effective July 1. L. 2001: (3) added, p. 34, § 1, effective March 9. L. 2009: Entire section amended, (HB 09 -1363), ch. 363, p. 1883, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-102 - [Repealed]

L. 36, 3rd Ex. Sess.: p. 26, § 7. CSA: C. 167A, § 7. L. 41: p. 773, § 7. CRS 53: § 82-6-2. C.R.S. 1963: § 82-6-2. L. 77: (3) added, p. 466, § 19, effective July 7. L. 79: (3)(b)(II)(A) amended and (3)(c) repealed, pp. 353, 356, §§ 18, 25, effective September 30. L. 81: (1), (2), (3)(a), and (3)(b) amended, p. 492, § 8, effective July 1; (3)(a) amended, p. 486, § 11, effective July 1. L. 83: (4) added, p. 2043, § 7, effective October 1. L. 84: (4) amended, p. 329, § 3, effective July 1. L. 85: (1), (2), and (4) amended, p. 363, § 2, effective March 1; (4) amended, p. 373, § 2, effective July 1. L. 86: (4) amended, p. 544, § 9, effective July 1. L. 90: (5) added, p. 1765, § 5, effective June 8; (4) amended, p. 1764, § 3, effective July 1. L. 91: (5) amended, p. 1347, § 1, effective July 1. L. 92: (4)(b) amended, p. 1822, § 2, effective April 10. L. 96: (4)(b) amended and (4)(c) added, p. 384, § 10, effective April 17; (4)(a) and (4)(b) amended, p. 995, § 1, effective May 23. L. 99: (4) amended, p. 973, § 1, effective May 28. L. 2000: (4)(d) amended, p. 1838, § 5, effective August 2. L. 2003: (4)(d) amended, p. 1540, § 1, effective May 1. L. 2005: (5)(a) amended, p. 548, § 1, effective May 25. L. 2009: Entire section and (4)(d) amended, (HB 09-1363), ch. 363, pp. 1883, 1887, §§ 12, 13, effective July 1; (4)(a), (4)(b), and (4)(d) amended, (SB 09-076), ch. 409, p. 2251, §1, effective July 1. L. 2011: (6) added, (HB 11-1288), ch. 212, p. 916, §4, effective July 1. L. 2012, 1st Ex. Sess.: (6) amended, (HB 12S-1002), ch. 2, p. 2428, § 8, effective June 1.
Subsection (6) provided for the repeal of this section, effective December 31, 2012. (See L. 2012, p. 2428.)
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-103.5 - [Repealed]

L. 2011: Entire section added, (HB 11-1288), ch. 212, p. 926, §8, effective July 1.
Subsection (2) provided for the repeal of this section, effective January 1, 2014. (See L. 2011, p. 926.)
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-105 - Period of employer's coverage

(1)
Any employing unit which is or becomes an employer subject to articles
70
to
82
of this title within any calendar year shall be deemed to be an employer during the whole of such calendar year.
(2)
No employing unit shall be deemed to be an employer liable under articles
70
to
82
of this title for any period prior to five calendar years immediately preceding the calendar year in which the division determines the employing unit to be an employer as defined in section
8-70-103
.
L. 36, 3rd Ex. Sess.: p. 29, § 8. CSA: C. 167A, § 8. L. 41: p. 799, § 8. L. 49: p. 726, § 8. L. 51: p. 811, § 7. CRS 53: § 82-6-5. C.R.S. 1963: § 82-6-5. L. 73: p. 961, § 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-106 - Termination of employer liability

(1)
An employing unit shall cease to be an employer subject to articles
70
to
82
of this title only as of the first day of any calendar year, only if, not later than the last day of February of such year, it has filed with the division a written application for termination of coverage as an employer as of the first day of January, and the division finds that during the preceding calendar year:
(a)
Such employing unit was not an employer as defined in the introductory portion to section
8-70-113(1)
and section
8-70-113(1)(g)
;
(b)
Such employing unit was not liable by having elected to become liable during such year; or
(c)
Such employing unit did first become liable under and by virtue of section
8-76-104
and was not liable under the introductory portion to section
8-70-113(1)
and section
8-70-113(1)(g)
or section
8-76-107
.
(2)
Any employer who does not employ any individual whose services are considered in employment at any time in this state for a period of one calendar year shall cease to be an employer subject to articles
70
to
82
of this title as of the thirty-first day of December of such calendar year.
(3)
Any employing unit which became liable during any calendar year preceding the calendar year in which its liability by virtue of the introductory portion to section
8-70-113(1)
and section
8-70-113(1)(g)
was determined may terminate coverage effective as of the end of the first year during which such employing unit was not an employer by virtue of the introductory portion to section
8-70-113(1)
and section
8-70-113(1)(g)
if such year was prior to the date the determination was made by the division, by filing a written application to terminate coverage as an employer within thirty days of the date of such determination.
(4)
For the purposes of this section, written applications shall be filed in such form and manner as the director of the division may prescribe by rule, including in person, by mail, by telephone, or by electronic means.
L. 36, 3rd Ex. Sess.: p. 29, § 8. L. 37: p. 1261, § 6. CSA: C. 167A, § 8. L. 39: p. 572, § 6. L. 41: p. 779, § 8. L. 45: p. 713, § 4. L. 49: p. 726, § 8. L. 51: p. 811, § 7. CRS 53: § 82-6-6. C.R.S. 1963: § 82-6-6. L. 65: p. 846, § 9. L. 71: p. 937, § 14. L. 90: (1)(a), (1)(c), and (3) amended, p. 604, § 10, effective April 3. L. 2002: (4) added, p. 338, § 7, effective April 19.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-107 - Election to become liable

(1)
An employing unit, not otherwise subject to articles
70
to
82
of this title, which files with the division its written election to become an employer subject hereto for not less than two calendar years, with the written approval of such election by the division, shall become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January first of any calendar year subsequent to such two calendar years, only if such employing unit has filed with the division a written application for termination as provided in subsection (2) of this section.
(2)
Any employing unit for which services that do not constitute employment are performed may file with the division a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of articles
70
to
82
of this title for not less than two calendar years. Upon the written approval of such election by the division, such services shall be deemed to constitute employment subject to articles
70
to
82
of this title from and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if such employing unit has filed with the division a written application for termination as provided in this section.
(3)
For the purposes of this section, written applications shall be filed in such form and manner as the director of the division may prescribe by rule, including in person, by mail, by telephone, or by electronic means.
L. 36, 3rd Ex. Sess.: p. 29, § 8. CSA: C. 167A, § 8. L. 41: p. 779, § 8. L. 51: p. 811, § 7. CRS 53: § 82-6-7. C.R.S. 1963: § 82-6-7. L. 2002: (3) added, p. 338, § 8, effective April 19.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-109 - Payments in lieu of premiums by state hospitals and state institutions of higher education

State hospitals and state institutions of higher education as defined in section
8-70-103(14) and (15)
may elect to make reimbursements in lieu of premiums as provided for nonprofit organizations in section
8-76-110(1) to (3) and (5)
.
L. 71: p. 938, § 15. C.R.S. 1963: § 82-6-9. L. 81: Entire section amended, p. 497, § 12, effective July 1. L. 2009: Entire section amended, (HB 09-1363), ch. 363, p. 1897, §17, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-111 - Coverage of state employees

(1)
(a)
The state of Colorado hereby elects, effective January 1, 1976, with respect to all services performed in the employ of this state or any branch or department thereof or any instrumentality thereof which is not otherwise an employer subject to this title, to become a reimbursing employer subject to this title, and all services performed in the employ of this state or any branch or department or instrumentality thereof shall constitute employment. This election does not apply to political subdivisions of this state.
(b)
Repealed.
(2)
As used in this section, prior to January 1, 1978, "services performed in the employ of this state" means employment in the state personnel system of this state as defined in section 13 of article XII of the state constitution and article
50
of title
24
, C.R.S., regular full-time employment in the legislative branch of this state, and employment in the judicial department of this state; but such employment shall not include employees of the legislative branch who serve only for the period that the general assembly is in session or judges and justices within the judicial department.
(3)
Repealed.
(4)
The amounts required to be paid in lieu of premiums by the state under this section shall be billed and payment made as provided in section
8-76-110 (3)
with respect to similar payments by nonprofit organizations.
(5)
Repealed.
(6)
This state or any branch or department thereof or any instrumentality thereof shall pay to the division for the unemployment compensation fund the amount of regular benefits plus the amount of one-half of extended benefits paid through December 31, 1978, and the full amount of all regular and extended benefits paid beginning January 1, 1979, that are attributable to service in their employ.
L. 75: Entire section added, p. 326, § 1, effective 1/1/1976. L. 77: (1)(a) and (2) amended and (5) and (6) added, p. 468, § 22, effective July 7. L. 79: (3) repealed, p. 1632, § 4, effective July 19; (1)(b) and (5) repealed, p. 356, § 25, effective September 30. L. 81: (4) amended, p. 502, § 14, effective July 1. L. 2009: (4) amended, (HB 09 -1363), ch. 363, p. 1902, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-112 - Political subdivisions - security for collection of premiums or reimbursable payments

(1)
In the event of default in payment of premiums or surcharges due or reimbursements of benefit costs, the state treasurer, upon the request of the division, shall set aside state funds otherwise payable to the political subdivision as security to ensure payment of the funds due from the political subdivision to the unemployment trust fund.
(2)
Funds which may be used for this purpose include any funds in the possession of the state treasurer which are allocated to the political subdivision for any purpose, with the exception of funds earmarked for a specific purpose.
(3)
The division may not request the state treasurer to set aside funds to cover obligations of the political subdivision until at least six months have elapsed since the due date for payment of the premium or surcharge or reimbursable obligation.
L. 77: Entire section added, p. 469, § 23, effective July 7. L. 81: (1) and (3) amended, p. 502, § 15, effective July 1. L. 2009: (1) and (3) amended, (HB 09-1363), ch. 363, p. 1902, §20, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 76 - PREMIUMS - COVERAGE (§§ 8-76-101 — 8-76-116) › Section 8-76-114 - [Repealed]

L. 77: Entire section added, p. 469, § 23, effective July 7. L. 81: Entire section repealed, p. 488, § 17, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-101.5 - CARES act funds - administration - transfer - unemployment compensation fund - legislative declaration

(1)
The general assembly finds that:
(a)
On March 27, 2020, the federal government enacted the "Coronavirus Aid, Relief, and Economic Security Act" ("CARES Act"), Pub.L. 116-136, pursuant to which Colorado received approximately one billion six hundred seventy-four million dollars from the federal coronavirus relief fund to use for necessary expenditures incurred due to the current COVID-19 public health emergency;
(b)
The public health emergency caused by COVID-19 caused a historic increase in unemployment in the state and this has caused a dramatic increase in the number of claims for benefits from the unemployment compensation fund created in section
8-77-101
;
(c)
As a result, it is estimated that the unemployment compensation fund, created in section
8-77-101
, will have a deficit of approximately two billion dollars by the end of fiscal year 2020-21;
(d)
These costs will not be reimbursed by the federal government, nor are they accounted for in the budget approved as of March 27, 2020;
(e)
The United States department of treasury has stated that payments to the state unemployment compensation fund, created in section
8-77-101
, are an allowable use of the money from the federal coronavirus relief fund, under section
42 U.S.C. sec. 801 (d)
; and
(f)
The transfer of money from the "CARES Act" to the state unemployment compensation fund, created in section
8-77-101
, is a necessary expenditure incurred due to the public health emergency with respect to COVID-19.
(2)
If, as of December 30, 2020, there is any unexpended money that the state received through section
42 U.S.C. sec. 801 (d)
of the "CARES Act", then just prior to the close of business on December 30, 2020, the state treasurer shall transfer the unexpended amount of federal funds to the unemployment compensation fund created in section
8-77-101
.
Added by 2020 Ch. 296, § 10, eff. 7/14/2020.
L. 2020: Entire section added, (SB 20-207), ch. 1475, p. 1475, § 10, effective July 14.