reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 23. Benefit Disqualification › 39-51-2308. Repealed

39-51-2308. Repealed.
Sec. 31, Ch. 373, L. 1991.
History: En. Sec. 5, Ch. 137, L. 1937; amd. Sec. 3, Ch. 164, L. 1941; amd. Sec. 4, Ch. 191, L. 1953; amd. Sec. 1, Ch. 164, L. 1955; amd. Sec. 1, Ch. 171, L. 1957; amd. Sec. 4, Ch. 156, L. 1961; amd. Sec. 2, Ch. 269, L. 1963; amd. Sec. 1, Ch. 84, L. 1965; amd. Sec. 1, Ch. 188, L. 1967; amd. Sec. 3, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 38, L. 1971; amd. Sec. 1, Ch. 415, L. 1971; amd. Sec. 1, Ch. 369, L. 1973; amd. Sec. 1, Ch. 498, L. 1973; amd. Sec. 1, Ch. 170, L. 1975; amd. Sec. 1, Ch. 133, L. 1977; R.C.M. 1947, 87-106(intro), (g).
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2401. Claims to be made in accordance with rules -- notice of coverage

39-51-2401. Claims to be made in accordance with rules -- notice of coverage.
Claims for benefits must be made in accordance with rules adopted by the department. Each employer shall post and maintain printed statements of the notice of coverage that is prepared and distributed by the department in places readily accessible to individuals in the employer's service. The notice of coverage must be supplied by the department to each employer without cost to the employer.
History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(a); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 20, Ch. 25, L. 2009; amd. Sec. 1536, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2402. Determination -- redetermination

39-51-2402. Determination -- redetermination.
(1) The department shall promptly examine a claim for benefits, and on the basis of the department's findings of fact, the department shall determine whether or not the claim is valid. If the claim is valid, the department shall determine the week the benefits commence, the weekly benefit amount payable, and the maximum benefit amount. The department may refer the claim or any question involved in the claim to an appeals referee who shall make the decision on the claim in accordance with the procedure prescribed in 39-51-2403. The department shall promptly notify the claimant and any other interested party of its determination and the reasons for reaching the determination.
(2) The department may for good cause reconsider its determination and shall promptly notify the claimant and other interested parties of the redetermination and the reasons for the redetermination.
(3) A determination or redetermination is final unless an interested party applies for reconsideration of the determination or appeals within 10 days after the determination or redetermination was sent to the interested party's address of record. The 10-day period may be extended for good cause.
(4) Except as provided in subsection (5), a redetermination of any issue of an original determination may not be made after 2 years from the date of the original determination of that issue.
(5) A redetermination of any issue of an original determination may be made within 3 years from the date of the original determination of that issue if the original determination was based on a false claim, misrepresentation, or failure to disclose a material fact by the claimant or the employer.
History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(b), (c); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 4, Ch. 153, L. 1987; amd. Sec. 18, Ch. 234, L. 1987; amd. Sec. 10, Ch. 618, L. 1989; amd. Sec. 28, Ch. 491, L. 1997; amd. Sec. 10, Ch. 597, L. 2003; amd. Sec. 9, Ch. 67, L. 2005; amd. Sec. 14, Ch. 466, L. 2005; amd. Sec. 14, Ch. 88, L. 2009; amd. Sec. 9, Ch. 132, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2403. Hearing -- decision of appeals referee

39-51-2403. Hearing -- decision of appeals referee.
Upon appeal of a determination or redetermination under 39-51-2402, an appeals referee shall hold a hearing, which may be conducted by telephone or by videoconference. After the hearing, the appeals referee shall promptly make findings and conclusions and affirm, modify, or reverse the department's determination or redetermination. Each interested party must be promptly furnished a copy of the decision and the supporting findings and conclusions. This decision is final unless further review is initiated pursuant to 39-51-2404 within 10 days after the decision was sent to the interested party's address of record. The 10-day period may be extended for good cause.
History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(e); amd. Sec. 19, Ch. 234, L. 1987; amd. Sec. 14, Ch. 195, L. 1995; amd. Sec. 15, Ch. 88, L. 2009; amd. Sec. 10, Ch. 132, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2404. Appeal to board procedure

39-51-2404. Appeal to board procedure.
An interested party who is dissatisfied with a decision of an appeals referee may appeal to the board. The department shall promptly transmit all records pertinent to the appeal to the board. The appeal hearing may be conducted by telephone or by videoconference. When the board renders a decision and copies of the decision are mailed to all interested parties, including the department, that decision is final unless an interested party initiates judicial review pursuant to 39-51-2410.
History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(g); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 15, Ch. 195, L. 1995; amd. Sec. 11, Ch. 132, L. 2015; amd. Sec. 1, Ch. 10, L. 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2405. Prompt payment of claims

39-51-2405. Prompt payment of claims.
(1) Benefits must be paid promptly in accordance with the most recently issued:
(a) determination or redetermination under 39-51-2402;
(b) decision of an appeals referee under 39-51-2403;
(c) decision of the board under 39-51-2404; or
(d) decision of a reviewing court pursuant to a judicial review initiated under 39-51-2404.
(2) The filing of a request for redetermination, an appeal, or a request for judicial review may not delay or postpone the payment of benefits until the determination, redetermination, or decision has been modified or reversed.
(3) An individual considered eligible to receive benefits must be paid promptly regardless of any further appeal or disposition of an appeal that is not a final disposition of the case. An injunction, stay, writ, or other process suspending the payment of benefits may not be issued by the board or a court until the final disposition of the case.
History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(f); amd. Sec. 21, Ch. 25, L. 2009; amd. Sec. 16, Ch. 88, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2406. Continuing jurisdiction of department over claims

39-51-2406. Continuing jurisdiction of department over claims.
The department shall have continuing jurisdiction over all claims filed for benefits to revise, modify, alter, cancel, and amend all orders, findings, and determinations made therein at any time and shall not lose such jurisdiction unless and until the jurisdiction of such claim and subject matter thereof has been taken by a court of competent jurisdiction in a proceedings filed therein as provided for in subsections (2) through (6) of 39-51-2410.
History: En. Sec. 6 (f) to (i), Ch. 137, L. 1937; Subd. (a) amd. Sec. 2, Ch. 233, L. 1943; amd. Sec. 4, Ch. 368, L. 1975; amd. Sec. 1, Ch. 24, L. 1977; amd. Sec. 1, Ch. 201, L. 1977; R.C.M. 1947, 87-108(part); amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2407. Procedure for disputed claims to be prescribed by regulation -- conduct of hearing or appeal

39-51-2407. Procedure for disputed claims to be prescribed by regulation -- conduct of hearing or appeal.
(1) The manner in which disputed claims must be presented, the reports on disputed claims required from the claimant and from employers, and the conduct of hearings and appeals must be in accordance with regulations prescribed by the department or the board for determining the rights of the parties, whether or not the regulations conform to common law or statutory rules of evidence and other technical rules or procedure.
(2) A hearing or appeal may be conducted by telephone or by videoconference.
History: En. Sec. 6 (f) to (i), Ch. 137, L. 1937; Subd. (a) amd. Sec. 2, Ch. 233, L. 1943; amd. Sec. 4, Ch. 368, L. 1975; amd. Sec. 1, Ch. 24, L. 1977; amd. Sec. 1, Ch. 201, L. 1977; R.C.M. 1947, 87-108(part); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 16, Ch. 195, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2408. Disputed claim -- records of all proceedings to be kept

39-51-2408. Disputed claim -- records of all proceedings to be kept.
A full and complete record must be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim must be recorded but need not be transcribed unless required by a district court or appellate court for judicial review.
History: En. Sec. 6 (f) to (i), Ch. 137, L. 1937; Subd. (a) amd. Sec. 2, Ch. 233, L. 1943; amd. Sec. 4, Ch. 368, L. 1975; amd. Sec. 1, Ch. 24, L. 1977; amd. Sec. 1, Ch. 201, L. 1977; R.C.M. 1947, 87-108(part); amd. Sec. 22, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 24. Claims for Benefits › 39-51-2409. Witness fees

39-51-2409. Witness fees.
Witnesses subpoenaed pursuant to 39-51-2406 through 39-51-2410 shall be allowed fees at a rate fixed by the department. Such fees shall be deemed a part of the expense of administering this chapter.
History: En. Sec. 6 (f) to (i), Ch. 137, L. 1937; Subd. (a) amd. Sec. 2, Ch. 233, L. 1943; amd. Sec. 4, Ch. 368, L. 1975; amd. Sec. 1, Ch. 24, L. 1977; amd. Sec. 1, Ch. 201, L. 1977; R.C.M. 1947, 87-108(b); amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2502. Repealed

39-51-2502. Repealed.
Sec. 5, Ch. 9, Sp. L. 1981.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(a)(2).
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2503. Repealed

39-51-2503. Repealed.
Sec. 5, Ch. 9, Sp. L. 1981.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(a)(3).
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2504. State "on" indicator -- when

39-51-2504. State "on" indicator -- when.
There is a state "on" indicator for this state for a week if the department determines, in accordance with the regulations of the U.S. secretary of labor, that:
(1) (a) the rate of insured unemployment equals or exceeds 5% for any such week and the immediately preceding 12 weeks; and
(b) the insured unemployment rate equals or exceeds 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or
(2) if the rate of insured unemployment for such week is 5% or more but the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years is less than 120%, the insured unemployment rate for such week and the immediately preceding 12 weeks is 6% or more.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(a)(4); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 2, Ch. 9, Sp. L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2505. State "off" indicator -- when

39-51-2505. State "off" indicator -- when.
There is a state "off" indicator for this state for a week if the department determines, in accordance with the regulations of the U.S. secretary of labor, that:
(1) for the period consisting of such week and the immediately preceding 12 weeks the rate of insured unemployment (not seasonally adjusted) under this chapter is less than 5%; or
(2) the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years is less than 120%.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(a)(5); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 3, Ch. 9, Sp. L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2506. Beginning and termination of extended benefit period -- announcement of

39-51-2506. Beginning and termination of extended benefit period -- announcement of.
Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of state "off" indicators, the department shall make an appropriate public announcement.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(f)(1); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 4, Ch. 9, Sp. L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2507. Effect of state law provisions relating to regular benefits on claims for and the payment of extended benefits

39-51-2507. Effect of state law provisions relating to regular benefits on claims for and the payment of extended benefits.
Except when the result would be inconsistent with the other provisions of this part, as provided in the regulations of the department, the provisions of this chapter which apply to claims for or the payment of regular benefits shall apply to claims for and the payment of extended benefits.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(b); amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2508. Eligibility requirements for extended benefits -- disqualifications -- acceptance of suitable work

39-51-2508. Eligibility requirements for extended benefits -- disqualifications -- acceptance of suitable work.
(1) An individual is eligible to receive extended benefits with respect to any week of unemployment in this eligibility period only if the department finds with respect to the week that the individual:
(a) is an exhaustee, as defined in 39-51-2501;
(b) has been paid total wages for employment in the base period, as defined in 39-51-201, in an amount not less than:
(i) 1.5 times the wages earned in the calendar quarter in which wages were the highest during the base period;
(ii) 40 times the individual's most recent weekly benefit amount; or
(iii) insured wages for 20 weeks of work;
(c) is not disqualified for the receipt of regular benefits pursuant to part 23 of this chapter and, if disqualified, the individual satisfies the requirements for requalification in that part; and
(d) has satisfied the other requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits.
(2) In addition to the disqualifications provided for in subsection (1)(c), an individual is disqualified for extended benefits if the individual fails to seek work. The disqualification continues for the week in which the failure occurs and until the individual has performed services, other than self-employment, for which remuneration is received equal to or in excess of the individual's weekly benefit amount in 4 separate weeks subsequent to the date the act causing the disqualification occurred.
(3) A regular benefit claimant who is disqualified for gross misconduct under 39-51-2303(2) may not be paid extended benefits unless the individual has earned at least eight times the weekly benefit amount after the date of the disqualification.
(4) A regular benefit claimant who voluntarily leaves work to attend school and, pursuant to 39-51-2302(3), requalifies for regular benefits may not be paid extended benefits unless the individual has earned at least six times the weekly benefit amount.
(5) For the purposes of determining eligibility for extended benefits, the department shall by rule define the term "suitable work". The definition must be in accordance with the requirements of 26 U.S.C. 3304.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(c); amd. Sec. 1, Ch. 99, L. 1981; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1, Ch. 272, L. 1983; amd. Sec. 5, Ch. 171, L. 1993; amd. Sec. 175, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2509. Weekly extended benefit amount

39-51-2509. Weekly extended benefit amount.
The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period must be an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit year.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(d); amd. Sec. 1537, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2510. Total extended benefit amount

39-51-2510. Total extended benefit amount.
The total extended benefit amount payable to an eligible individual with respect to that individual's applicable benefit year must be the least of the following amounts:
(1) 50% of the total amount of regular benefits that were payable to the individual under this chapter in the individual's applicable benefit year;
(2) 13 times the individual's weekly benefit amount that was payable to the individual under this chapter for a week of total unemployment in the individual's applicable benefit year; or
(3) 39 times the individual's weekly benefit amount, less the amount of regular benefits paid or considered paid during the individual's applicable benefit year.
History: En. Sec. 3 (d), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 2, Ch. 191, L. 1953; amd. Sec. 3, Ch. 140, L. 1957; amd. Sec. 2, Ch. 156, L. 1961; amd. Sec. 2, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 104, L. 1971; amd. Sec. 1, Ch. 3, L. 1975; amd. Sec. 1, Ch. 368, L. 1975; amd. Sec. 2, Ch. 528, L. 1977; R.C.M. 1947, 87-104(e); amd. Sec. 15, Ch. 52, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 25. Extended Benefits › 39-51-2511. Extended benefits filed interstate

39-51-2511. Extended benefits filed interstate.
Except during the first 2 weeks of an extended benefit period, no extended benefits will be paid to an individual filing from a state in which the state indicator is "off".
History: En. Sec. 1, Ch. 58, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 26. Trade Readjustment › 39-51-2601. Limitations on weeks of combined extended benefits and trade readjustment allowances

39-51-2601. Limitations on weeks of combined extended benefits and trade readjustment allowances.
Notwithstanding any other provisions of this chapter, 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 section 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 the product of the number of weeks for which the individual received trade readjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.
History: En. Sec. 2, Ch. 7, Sp. L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 26. Trade Readjustment › 39-51-2602. Approved training under federal programs

39-51-2602. Approved training under federal programs.
(1) Notwithstanding any other provisions of this chapter, an otherwise eligible individual may not be denied benefits for any week:
(a) because of participation in training approved under section 236(a)(1) of the federal Trade Act of 1974, 19 U.S.C. 2296, or under Title I-B of the Workforce Innovation and Opportunity Act, 29 U.S.C. 3101, et seq., when the individual is receiving Title I-B services as a dislocated worker;
(b) because of participation in approved training described in subsection (1)(a) by reason of leaving work to enter the training if the work left is not suitable employment; or
(c) because of the application to any week in training of the provisions in this chapter or any federal unemployment insurance law administered by this agency, relating to availability for work, active search for work, or refusal to accept work.
(2) For purposes of this section, "suitable employment" means work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined for purposes of the federal Trade Act of 1974, and for which the wages are not less than 80% of the individual's average weekly wage as determined for the purposes of the federal Trade Act of 1974.
History: En. Sec. 1, Ch. 7, Sp. L. 1981; amd. Sec. 19, Ch. 373, L. 1991; amd. Sec. 176, Ch. 42, L. 1997; amd. Sec. 8, Ch. 424, L. 2001; amd. Sec. 3, Ch. 37, L. 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 31. Protections and Limitations on Rights and Benefits › 39-51-3101. Protection against self-incrimination

39-51-3101. Protection against self-incrimination.
A person may not be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the department or board, the presiding officer of an appeal tribunal, or any authorized representative of either of them or in obedience to the subpoena of the department or board or any member of the board or any authorized representative of the department in any cause or proceeding before the department or board on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, an individual may not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual testifying is not exempt from prosecution and punishment for perjury committed in testifying.
History: En. Subd. (h), Sec. 11, Ch. 137, L. 1937; amd. Sec. 16, Ch. 368, L. 1975; R.C.M. 1947, 87-127; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1538, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 31. Protections and Limitations on Rights and Benefits › 39-51-3102. Certain agreements in violation of chapter void

39-51-3102. Certain agreements in violation of chapter void.
(1) Any agreement by an individual to waive, release, or commute the individual's rights to benefits or any other rights under this chapter is void.
(2) Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions required under this chapter from the employer is void.
History: En. Subd. (a), Sec. 15, Ch. 137, L. 1937; amd. Sec. 9, Ch. 164, L. 1941; R.C.M. 1947, 87-141(part); amd. Sec. 1539, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 31. Protections and Limitations on Rights and Benefits › 39-51-3103. Employer prohibited from making, requiring, or accepting deduction from wages or requiring or accepting waiver of rights under chapter -- penalty for violation

39-51-3103. Employer prohibited from making, requiring, or accepting deduction from wages or requiring or accepting waiver of rights under chapter -- penalty for violation.
(1) An employer may not, directly or indirectly, make, require, or accept any deduction from wages to finance the employer's contributions required from the employer or require or accept a waiver of any right under this chapter by an individual in the employer's employ.
(2) An employer or officer or agent of an employer who violates any provision of 39-51-3102 or this section shall, for each offense, be fined not more than $1,000 or be imprisoned for not more than 6 months, or both.
History: En. Subd. (a), Sec. 15, Ch. 137, L. 1937; amd. Sec. 9, Ch. 164, L. 1941; R.C.M. 1947, 87-141(part); amd. Sec. 1540, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 31. Protections and Limitations on Rights and Benefits › 39-51-3104. Repealed

39-51-3104. Repealed.
Sec. 21, Ch. 88, L. 2009.
History: En. Subd. (b), Sec. 15, Ch. 137, L. 1937; amd. Sec. 9, Ch. 164, L. 1941; amd. Sec. 29, Ch. 368, L. 1975; R.C.M. 1947, 87-142; amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 31. Protections and Limitations on Rights and Benefits › 39-51-3105. Assignment, pledge, or encumbrance of right to benefits void -- benefits exempt from levy, execution, attachment, or other remedy for collection of debt -- exception

39-51-3105. Assignment, pledge, or encumbrance of right to benefits void -- benefits exempt from levy, execution, attachment, or other remedy for collection of debt -- exception.
Any assignment, pledge, or encumbrance of any right to benefits that are or may become due or payable under this chapter is void, and the rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Benefits received by an individual, as long as they are not mingled with other funds of the recipient, are exempt from any remedy for the collection of all debts except as provided in 39-51-2207, 39-51-2208, 39-51-3106, 39-51-3107, and 39-51-3206. Any waiver of an exemption provided for in this section is void.
History: En. Subd. (c), Sec. 15, Ch. 137, L. 1937; amd. Sec. 9, Ch. 164, L. 1941; R.C.M. 1947, 87-143; amd. Sec. 22, Ch. 234, L. 1987; amd. Sec. 6, Ch. 171, L. 1993; amd. Sec. 10, Ch. 60, L. 1997; amd. Sec. 9, Ch. 61, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 31. Protections and Limitations on Rights and Benefits › 39-51-3106. Child support interception of unemployment benefits

39-51-3106. Child support interception of unemployment benefits.
(1) For purposes of this section, the following definitions apply:
(a) "Child support obligations" includes only obligations that are being enforced pursuant to a plan described in 42 U.S.C. 654 that has been approved by the secretary of health and human services under Title 42, Chapter 7, Subchapter IV, Part D, of the United States Code.
(b) "State or local child support enforcement agency" means any agency of a state or political subdivision operating pursuant to a plan provided for in subsection (1)(a).
(c) "Unemployment benefits" means any benefits payable under the Montana unemployment insurance law, including amounts payable by the department pursuant to an agreement under any federal law providing for benefits, assistance, or allowances with respect to unemployment. These benefits are subject to the provisions in Title 40, chapter 5, part 9.
(2) An individual filing a new claim for unemployment benefits shall, at the time of filing the claim, disclose whether the individual owes child support obligations. If an individual discloses that the individual owes child support obligations and the individual is determined to be eligible for unemployment benefits, the department shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined to be eligible for unemployment benefits.
(3) The department shall deduct and withhold from any unemployment benefits payable to an individual owing child support obligations:
(a) the amount specified by the individual to the department to be deducted and withheld under this subsection if neither subsection (3)(b) nor (3)(c) is applicable;
(b) the amount, if any, determined pursuant to an agreement submitted to the department under 42 U.S.C. 654(19)(B)(i) by the state or local child support enforcement agency, unless subsection (3)(c) is applicable; or
(c) any amount otherwise required to be deducted and withheld from unemployment benefits pursuant to legal process properly served upon the department.
(4) The department shall pay any amount deducted and withheld under subsection (3) to the appropriate state or local child support enforcement agency.
(5) Deductions may be made pursuant to this section only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the department under this section.
(6) Any amount deducted and withheld under subsection (3) must be treated as if it were paid to the individual as unemployment benefits and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.
History: En. Sec. 1, Ch. 8, Sp. L. 1981; amd. Sec. 5, Ch. 84, L. 1983; amd. Sec. 177, Ch. 42, L. 1997; amd. Sec. 6, Ch. 203, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 31. Protections and Limitations on Rights and Benefits › 39-51-3107. Internal revenue levy -- withholding of unemployment benefits to repay federal tax obligations

39-51-3107. Internal revenue levy -- withholding of unemployment benefits to repay federal tax obligations.
(1) The internal revenue service may levy against an individual's unemployment benefits if the individual:
(a) is liable for taxes, interest, or penalties owed to the internal revenue service; and
(b) has not paid the taxes, interest, or penalties in subsection (1)(a) within 10 days of receiving a notice and demand for repayment from the internal revenue service.
(2) Pursuant to 26 U.S.C. 6331(h)(2)(c), any amount payable as unemployment benefits may be levied against until the levy is released.
(3) The levy may be implemented electronically by the department and the internal revenue service.
(4) After receiving notice of a levy from the internal revenue service, the department shall deduct and withhold up to 15% from any unemployment benefits payable to the individual owing money to the internal revenue service. The amount withheld must be determined by the internal revenue service in accordance with 26 U.S.C. 6331(h)(2)(c).
(5) The department shall pay any amount deducted and withheld pursuant to this section to the internal revenue service on behalf of the individual. Any amount deducted and withheld must be treated as if it were paid to the individual as unemployment benefits and then paid by the individual to the internal revenue service in satisfaction of the individual's federal tax obligations.
History: En. Sec. 1, Ch. 61, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 32. General Penalties › 39-51-3202. Making false statement or representation or failing to disclose material fact in order to obtain or increase benefits -- criminal penalty

39-51-3202. Making false statement or representation or failing to disclose material fact in order to obtain or increase benefits -- criminal penalty.
(1) A person who, in order to obtain or increase for personal gain or for any other person benefits under this chapter or under an employment security law of any other state or territory or the federal government, knowingly makes a false statement or representation or knowingly fails to disclose a material fact is guilty of a crime under 45-7-203 and 45-7-210, and the department may cause criminal proceedings to be initiated against the person.
(2) A person will be required to repay to the department an amount as determined by 39-51-3201(1)(a).
(3) For purposes of this section, restitution awarded under this section must include a sum equal to the amount wrongfully received, plus the department may assess a penalty not to exceed 100% of the amount wrongfully received. All money accruing from the penalty must be deposited in the federal special revenue account. Money deposited in that account may be appropriated to the department to be used to detect and collect unpaid taxes and overpayments of benefits to the extent that federal grant revenues are inadequate for these purposes. Money in the account not appropriated for these purposes must be transferred by the department to the unemployment insurance trust fund at the end of each fiscal year.
History: En. Sec. 16, Ch. 137, L. 1937; amd. Sec. 1, Ch. 150, L. 1951; amd. Sec. 7, Ch. 164, L. 1955; amd. Sec. 10, Ch. 156, L. 1961; amd. Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch. 17, L. 1975; amd. Sec. 30, Ch. 368, L. 1975; amd. Sec. 1, Ch. 240, L. 1977; R.C.M. 1947, 87-145(2); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 23, Ch. 234, L. 1987; amd. Sec. 28, Ch. 373, L. 1991; amd. Sec. 18, Ch. 88, L. 2009; amd. Sec. 1, Ch. 70, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 32. General Penalties › 39-51-3203. Obtaining benefits through deception or other fraudulent means -- criminal penalty

39-51-3203. Obtaining benefits through deception or other fraudulent means -- criminal penalty.
A person who, through deception or other fraudulent means, obtains benefits that the person is not entitled to under this chapter or under an employment security law of any other state or territory or the federal government or a person legally accountable for that conduct under 45-2-302 is guilty of a crime under 45-6-301, and a county attorney may initiate criminal proceedings against the person.
History: En. Sec. 16, Ch. 137, L. 1937; amd. Sec. 1, Ch. 150, L. 1951; amd. Sec. 7, Ch. 164, L. 1955; amd. Sec. 10, Ch. 156, L. 1961; amd. Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch. 17, L. 1975; amd. Sec. 30, Ch. 368, L. 1975; amd. Sec. 1, Ch. 240, L. 1977; R.C.M. 1947, 87-145(3); amd. Sec. 1542, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 32. General Penalties › 39-51-3204. Employing unit making false statement or representation, failing to disclose material fact, or failing or refusing to make contributions or other payments, furnish reports, or permit inspection or copying of records -- criminal penalty

39-51-3204. Employing unit making false statement or representation, failing to disclose material fact, or failing or refusing to make contributions or other payments, furnish reports, or permit inspection or copying of records -- criminal penalty.
(1) Any employing unit, any officer or agent of an employing unit, or any other person may not make a false statement or representation knowing it to be false or knowingly fail to disclose a material fact in order to:
(a) prevent or reduce the payment of benefits to any entitled individual;
(b) avoid or reduce any contribution or other payment required from an employing unit under this chapter or under the employment security law of any other state or territory or the federal government; or
(c) avoid the requirements of this chapter.
(2) An employing unit, any officer or agent of an employing unit, or any other person who violates a provision of subsection (1) shall be punished by a fine of not less than $50 or more than $500, by imprisonment for not less than 3 days or more than 30 days in the county jail, or by both. Each false statement or representation or failure to disclose a material fact and each day of the failure to disclose constitutes a separate offense.
(3) An employing unit or any officer or agent of the employing unit is subject to the penalty provisions of subsection (2) for willfully failing or refusing to:
(a) make any contributions or payments required by this chapter;
(b) furnish any reports required by this chapter; or
(c) produce or permit the inspection or copying of any records or materials as required by this chapter.
History: En. Sec. 16, Ch. 137, L. 1937; amd. Sec. 1, Ch. 150, L. 1951; amd. Sec. 7, Ch. 164, L. 1955; amd. Sec. 10, Ch. 156, L. 1961; amd. Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch. 17, L. 1975; amd. Sec. 30, Ch. 368, L. 1975; amd. Sec. 1, Ch. 240, L. 1977; R.C.M. 1947, 87-145(4); amd. Sec. 23, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 32. General Penalties › 39-51-3205. Criminal penalty for violations of chapter where no penalty prescribed

39-51-3205. Criminal penalty for violations of chapter where no penalty prescribed.
Any person who shall willfully violate any provision of this chapter or any order or rule thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than $50 or more than $500 or by imprisonment for not less than 3 days or more than 30 days in the county jail or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense.
History: En. Sec. 16, Ch. 137, L. 1937; amd. Sec. 1, Ch. 150, L. 1951; amd. Sec. 7, Ch. 164, L. 1955; amd. Sec. 10, Ch. 156, L. 1961; amd. Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch. 17, L. 1975; amd. Sec. 30, Ch. 368, L. 1975; amd. Sec. 1, Ch. 240, L. 1977; R.C.M. 1947, 87-145(5).
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 32. General Penalties › 39-51-3207. Authority to determine uncollectibility of debts -- transfer of debts for collection -- liability for payment of fees and costs of collection

39-51-3207. Authority to determine uncollectibility of debts -- transfer of debts for collection -- liability for payment of fees and costs of collection.
(1) After making all reasonable efforts to collect unpaid contributions, assessments under 39-51-404, and penalties and interest, or overpaid benefits and penalties under 39-51-3206, the department may determine a debt to be uncollectible. Upon determining that a debt is uncollectible, the department may transfer the debt to the department of revenue for collection as provided in 17-4-104.
(2) Subject to approval by the department, reasonable fees or costs of collection incurred by the department of revenue may be added to the amount of the debt, including added fees or costs. The debtor is liable for repayment of the amount of the debt plus fees or costs added pursuant to this subsection. All money collected must be returned to the department to be applied to the debt, except that all fees or costs collected must be retained by the department of revenue. If less than the full amount of the debt is collected, the department of revenue shall retain only a proportionate share of the collection fees or costs.
History: En. Sec. 25, Ch. 234, L. 1987; amd. Sec. 8, Ch. 419, L. 1989; amd. Sec. 29, Ch. 325, L. 1995; amd. Sec. 50, Ch. 7, L. 2001; amd. Sec. 6, Ch. 362, L. 2007; amd. Sec. 20, Ch. 88, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 32. General Penalties › 39-51-3208. Interception of lottery winnings for unemployment insurance offsets -- notice to agency -- procedures

39-51-3208. Interception of lottery winnings for unemployment insurance offsets -- notice to agency -- procedures.
(1) For the purposes of this section:
(a) "unemployment insurance benefit overpayments" includes collections that are made pursuant to 39-51-3206;
(b) "unpaid taxes, penalties, and interest" includes payments required from employers under 39-51-404, 39-51-603, 39-51-1103, 39-51-1105, 39-51-1125, and 39-51-1301; and
(c) "unemployment insurance division" means the unemployment insurance division of the department of labor and industry.
(2) The unemployment insurance division shall periodically certify to the state lottery the names and social security numbers of persons who have incurred unemployment insurance benefit overpayments and the names and social security numbers of individual employers who are liable for unpaid taxes, including penalties and interest assessed on unpaid taxes.
(3) The state lottery shall deduct and withhold from any payment of lottery winnings the amount specified by the unemployment insurance division as the amount of the unemployment insurance benefit overpayments or unpaid taxes, penalties, and interest.
(4) The state lottery shall pay any amount deducted and withheld under subsection (3) to the unemployment insurance division for application to the unemployment insurance benefit overpayments or unpaid taxes, penalties, and interest.
(5) Any amount deducted and withheld under subsection (3) must be treated as if it were paid to the individual as lottery winnings and paid by the individual to the unemployment insurance division as repayment against the unemployment insurance benefit overpayments or unpaid taxes, penalties, and interest.
History: En. Sec. 13, Ch. 123, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-101. Short title

39-71-101. Short title.
This chapter may be cited as the "Workers' Compensation Act".
History: En. Sec. 1, Ch. 96, L. 1915; re-en. Sec. 2816, R.C.M. 1921; re-en. Sec. 2816, R.C.M. 1935; amd. Sec. 29, Ch. 341, L. 1969; amd. Sec. 86, Ch. 23, L. 1975; R.C.M. 1947, 92-101(part); amd. Sec. 51, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-102. Reference to plans

39-71-102. Reference to plans.
Whenever compensation plan No. 1, 2, or 3 is referred to, such reference also includes all other sections which are applicable to the subject matter of such reference.
History: En. Sec. 1, Ch. 96, L. 1915; re-en. Sec. 2817, R.C.M. 1921; re-en. Sec. 2817, R.C.M. 1935; R.C.M. 1947, 92-102; amd. Sec. 52, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-103. Compensation provisions

39-71-103. Compensation provisions.
The compensation provisions of this chapter, whenever referred to, shall be held to include the provisions of compensation plan No. 1, 2, or 3 and all other sections of this chapter applicable to the same or any part thereof.
History: En. Sec. 1, Ch. 96, L. 1915; re-en. Sec. 2818, R.C.M. 1921; re-en. Sec. 2818, R.C.M. 1935; R.C.M. 1947, 92-103.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-104. Repealed

39-71-104. Repealed.
Sec. 68, Ch. 464, L. 1987.
History: En. Sec. 24, Ch. 96, L. 1915; re-en. Sec. 2964, R.C.M. 1921; re-en. Sec. 2964, R.C.M. 1935; R.C.M. 1947, 92-838.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-106. No liability for reporting violation

39-71-106. No liability for reporting violation.
A person, including but not limited to an insurer or an employer, may not be held liable for civil damages as a result of reporting in good faith information that the person believes proves a violation of the provisions of this chapter.
History: En. Sec. 17, Ch. 619, L. 1993; amd. Sec. 10, Ch. 416, L. 2005.