reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 12. Employer Classification and Experience Rating › 39-51-1218. Rate schedules

39-51-1218. Rate schedules.
SCHEDULES OF CONTRIBUTION RATES - Part I
Sched.
Sched.
Sched.
Sched.
I
II
III
IV
Minimum Ratio of Fund to Total Wages
(.0260)
(.0245)
(.0225)
(.0200)
Average Tax Rate
1.12
1.32
1.52
1.72
Rate Class
Contribution Rates for Eligible Employers
1
0.00%
0.00%
0.02%
0.22%
2
0.00
0.02
0.22
0.42
3
0.02
0.22
0.42
0.62
4
0.22
0.42
0.62
0.82
5
0.42
0.62
0.82
1.02
6
0.62
0.82
1.02
1.22
7
0.82
1.02
1.22
1.42
8
1.02
1.22
1.42
1.62
9
1.22
1.42
1.62
1.82
10
1.42
1.62
1.82
2.02
Rate Class
Contribution Rates for Deficit Employers
1
2.92%
3.12%
3.32%
3.52%
2
3.12
3.32
3.52
3.72
3
3.32
3.52
3.72
3.92
4
3.52
3.72
3.92
4.12
5
3.72
3.92
4.12
4.32
6
3.92
4.12
4.32
4.52
7
4.12
4.32
4.52
4.72
8
4.32
4.52
4.72
4.92
9
4.52
4.72
4.92
5.12
10
6.12
6.12
6.12
6.12
SCHEDULES OF CONTRIBUTION RATES - Part II
Sched.
Sched.
Sched.
Sched.
Sched.
Sched.
Sched.
V
VI
VII
VIII
IX
X
XI
(.0170)
(.0135)
(.0095)
(.0075)
(.0050)
(.0025)
(....)
1.92
2.12
2.32
2.52
2.72
2.92
3.12
Contribution Rates for Eligible Employers
0.42%
0.62%
0.82%
1.02%
1.22%
1.42%
1.62%
0.62
0.82
1.02
1.22
1.42
1.62
1.82
0.82
1.02
1.22
1.42
1.62
1.82
2.02
1.02
1.22
1.42
1.62
1.82
2.02
2.22
1.22
1.42
1.62
1.82
2.02
2.22
2.42
1.42
1.62
1.82
2.02
2.22
2.42
2.62
1.62
1.82
2.02
2.22
2.42
2.62
2.82
1.82
2.02
2.22
2.42
2.62
2.82
3.02
2.02
2.22
2.42
2.62
2.82
3.02
3.22
2.22
2.42
2.62
2.82
3.02
3.22
3.42
Contribution Rates for Deficit Employers
3.72%
3.92%
4.12%
4.32%
4.52%
4.72%
4.92%
3.92
4.12
4.32
4.52
4.72
4.92
5.12
4.12
4.32
4.52
4.72
4.92
5.12
5.32
4.32
4.52
4.72
4.92
5.12
5.32
5.52
4.52
4.72
4.92
5.12
5.32
5.52
5.72
4.72
4.92
5.12
5.32
5.52
5.72
5.92
4.92
5.12
5.32
5.52
5.72
5.92
6.12
5.12
5.32
5.52
5.72
5.92
6.12
6.12
5.32
5.52
5.72
5.92
6.12
6.12
6.12
6.12
6.12
6.12
6.12
6.12
6.12
6.12
History: En. Sec. 15, Ch. 685, L. 1979; amd. Sec. 5, Ch. 371, L. 1985; amd. Sec. 26, Ch. 373, L. 1991; amd. Sec. 4, Ch. 399, L. 1999; amd. Sec. 1, Ch. 432, L. 2003; amd. Sec. 8, Ch. 466, L. 2005; amd. Sec. 11, Ch. 52, L. 2007; amd. Sec. 5, Ch. 362, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 13. Unpaid Contributions › 39-51-1301. Penalty and interest on past-due reports and payments

39-51-1301. Penalty and interest on past-due reports and payments.
(1) Failure to file reports and make payments in a timely manner, as required under 39-51-404, 39-51-603, 39-51-1103, and 39-51-1125, may subject an employer to penalty and interest, as provided in subsection (2).
(2) The department may assess penalties and interest under this section as follows:
(a) a penalty of $25 for the failure to file reports or make payments in a timely manner;
(b) in addition to the late penalty provided in subsection (2)(a), a penalty of $50 if the department issues a subpoena or makes a summary or jeopardy assessment, as provided in 39-51-1302, as the result of an employer's refusal or failure to provide requested information;
(c) in addition to the penalties in subsections (2)(a) and (2)(b), a penalty of $100 for failure to comply with a subpoena; and
(d) interest at the rate of 1.5% a month on any amounts owed to the department under this subsection (2) that are not paid in a timely manner.
(3) The department may waive all or any portion of any penalties and interest assessed under subsection (2).
(4) There is an account in the federal special revenue fund. Penalties and interest collected for unemployment insurance obligations must be deposited in that account. Money deposited in that account and appropriated to the department may be used by the department only to administer this chapter, including the detection and collection of unpaid taxes and overpayments of benefits to the extent that federal grant revenue is less than amounts appropriated for this purpose. 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.
(5) All money accruing to the unemployment insurance trust fund from interest and penalties collected on past-due unemployment insurance taxes must be used solely for the payment of unemployment insurance benefits and may not be used for any other purpose.
History: En. Subd. (a), Sec. 14, Ch. 137, L. 1937; amd. Sec. 5, Ch. 137, L. 1939; amd. Sec. 8, Ch. 164, L. 1941; amd. Sec. 3, Ch. 233, L. 1943; amd. Sec. 5, Ch. 190, L. 1945; amd. Sec. 24, Ch. 368, L. 1975; amd. Sec. 1, Ch. 197, L. 1977; R.C.M. 1947, 87-135; amd. Sec. 1, Ch. 47, L. 1979; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 19, Ch. 685, L. 1979; amd. Sec. 1, Ch. 2, L. 1981; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 2, Ch. 369, L. 1983; amd. Sec. 1, Ch. 555, L. 1983; amd. Sec. 1, Ch. 13, Sp. L. June 1986; amd. Sec. 11, Ch. 234, L. 1987; amd. Sec. 12, Ch. 373, L. 1991; amd. Sec. 2, Ch. 639, L. 1991; amd. Sec. 8, Ch. 195, L. 1995; amd. Sec. 24, Ch. 491, L. 1997; amd. Sec. 52, Ch. 427, L. 1999; amd. Sec. 3, Ch. 95, L. 2003; amd. Sec. 9, Ch. 597, L. 2003; amd. Sec. 10, Ch. 466, L. 2005; amd. Sec. 10, Ch. 88, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 13. Unpaid Contributions › 39-51-1302. Summary or jeopardy assessment of unpaid taxes

39-51-1302. Summary or jeopardy assessment of unpaid taxes.
(1) If an employer fails to file a report or return as required under this chapter or the rules adopted by the department within the time specified or if the employer's records are inaccurate or are incomplete when an employer has filed a quarterly wage report for the period in question, the department may make a summary or jeopardy assessment of the amount due by estimating the report and determining the amount of taxes due and owing to the fund upon the basis of any information that the department may be able to obtain. The tax must be collected the same as other reports and taxes due, with penalty and interest as provided in this chapter.
(2) Upon making a summary or jeopardy assessment, the department shall immediately notify the employer in writing by personal service or by certified mail sent to the last-known mailing address or place of business operated by the employer. The assessment is final unless:
(a) the employer protests the assessment in writing within 15 days after service of the notice;
(b) the employer files within 15 days after service of the notice a correct, signed, and sworn report and statement as provided for by this chapter and the rules of the department; or
(c) the department has good cause to amend the summary or jeopardy assessment, in which case the department shall notify the employer in the manner provided for in this subsection (2).
(3) Upon written protest being filed by an employer, the department may reconsider the summary or jeopardy assessment, and if the department redetermines the assessment, it shall notify the employer of its redetermination and the reasons for the redetermination. A summary or jeopardy assessment or redetermination by the department under this subsection is final unless the employer submits a written appeal within 10 days in the same manner as provided in 39-51-1109.
History: En. as Subd. (f) of Sec. 14, Ch. 137, L. 1937 by Sec. 3, Ch. 233, L. 1943; amd. Sec. 28, Ch. 368, L. 1975; R.C.M. 1947, 87-140; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 13, Ch. 373, L. 1991; amd. Sec. 16, Ch. 25, L. 2009; amd. Sec. 1532, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 13. Unpaid Contributions › 39-51-1303. Collection of unpaid taxes

39-51-1303. Collection of unpaid taxes.
(1) The department may enter into payment agreements with an employer to resolve unpaid taxes, penalty, and interest. Penalty or interest, or both penalty and interest, may be abated if an acceptable payment agreement is entered into and followed. Failure to meet the terms of the payment agreement voids the penalty and interest abatement, and the penalty and interest must be recomputed from the due date of the unpaid tax.
(2) If, after due notice, any employer, liable corporate officer, liable member or manager of a limited liability company referred to in 39-51-1105, or partner in a limited liability partnership defaults in any payment of taxes, penalties, or interest on the taxes and penalties, the department may initiate a civil action in the name of the state to collect the amount due, and the employer, liable corporate officer, liable member or manager of a limited liability company, or partner in a limited liability partnership adjudged in default shall pay the costs of the action.
(3) An action for the collection of taxes due must be brought within 5 years from the date the original or amended report was filed or the assessment became due, whichever is later, or the action is barred.
(4) The department may pursue its remedy under 39-51-1304 or this section, or both.
History: En. Subd. (b), Sec. 14, Ch. 137, L. 1937; amd. Sec. 5, Ch. 137, L. 1939; amd. Sec. 8, Ch. 164, L. 1941; amd. Sec. 1, Ch. 36, L. 1969; amd. Sec. 1, Ch. 105, L. 1975; amd. Sec. 25, Ch. 368, L. 1975; amd. Sec. 1, Ch. 386, L. 1977; R.C.M. 1947, 87-136(1); amd. Sec. 46, Ch. 397, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1, Ch. 111, L. 1983; amd. Sec. 1, Ch. 514, L. 1985; amd. Sec. 12, Ch. 234, L. 1987; amd. Sec. 14, Ch. 373, L. 1991; amd. Sec. 9, Ch. 195, L. 1995; amd. Sec. 9, Ch. 529, L. 1995; amd. Sec. 7, Ch. 60, L. 1997; amd. Sec. 25, Ch. 491, L. 1997; amd. Sec. 11, Ch. 466, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 13. Unpaid Contributions › 39-51-1305. Priority of payment of taxes due under legal dissolutions or distributions

39-51-1305. Priority of payment of taxes due under legal dissolutions or distributions.
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceeding, taxes then or thereafter due shall be paid in full prior to all other claims, except taxes and claims for wages of not more than $250 to each claimant earned within 6 months of the commencement of the proceeding.
History: En. Subd. (c), Sec. 14, Ch. 137, L. 1937; amd. Sec. 5, Ch. 137, L. 1939; amd. Sec. 8, Ch. 164, L. 1941; R.C.M. 1947, 87-137; amd. Sec. 11, Ch. 125, L. 1985; amd. Sec. 16, Ch. 373, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 13. Unpaid Contributions › 39-51-1306. Reciprocity with other states for collection of unpaid taxes

39-51-1306. Reciprocity with other states for collection of unpaid taxes.
(1) The courts of this state shall recognize and enforce liabilities for unemployment taxes and any other special assessments imposed by other states that extend a like comity to this state.
(2) The department may sue in the courts of any other jurisdiction that extends comity to collect unemployment taxes, penalties, and interest due this state. The officials of other states that by statute or otherwise extend a like comity to this state may sue in the courts of this state to collect the taxes and any other special assessments and interest and penalties, if any, due that state. In any case brought for another state, the administrator may through the administrator's attorney institute and conduct the suit for the other state.
(3) Venue of proceedings under this section must be the same as for actions to collect delinquent taxes, penalties, and interest due under this chapter.
(4) A certificate by the secretary of any state under the great seal of that state attesting the authority of the official to collect unemployment insurance taxes and any other special assessments, penalties, and interest is conclusive evidence of that authority.
History: En. Subd. (b), Sec. 14, Ch. 137, L. 1937; amd. Sec. 5, Ch. 137, L. 1939; amd. Sec. 8, Ch. 164, L. 1941; amd. Sec. 1, Ch. 36, L. 1969; amd. Sec. 1, Ch. 105, L. 1975; amd. Sec. 25, Ch. 368, L. 1975; amd. Sec. 1, Ch. 386, L. 1977; R.C.M. 1947, 87-136(2); amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 17, Ch. 373, L. 1991; amd. Sec. 1533, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 13. Unpaid Contributions › 39-51-1307. Collection of unpaid taxes, penalties, and interest by offset

39-51-1307. Collection of unpaid taxes, penalties, and interest by offset.
(1) To collect delinquent taxes, penalties, and interest, the department may direct the offset of any funds due the debtor from the state, except wages subject to the provisions of 25-13-614 and retirement benefits. The department, through the department of revenue, shall provide the debtor with notice of the right to request a hearing on the offset action. A request for hearing must be made within 30 days of the date of the notice.
(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.
(3) The department may file a claim for state funds on behalf of the employer if a claim is required before funds are available for offset.
(4) The debt need not be determined to be uncollectible as provided for in 39-51-3207 before being transferred for offset.
(5) The department may direct the offset of funds owed to a person under 26 U.S.C. 6402 if the person owes a covered unemployment insurance tax debt. For the purposes of this subsection, "covered unemployment insurance tax debt" means:
(a) employer contributions, penalties, and interest owed to the unemployment insurance fund for which the department determines a person is liable and which remain uncollected; and
(b) any costs or processing fees associated with obtaining an offset for a covered unemployment insurance tax debt.
History: En. Sec. 13, Ch. 529, L. 1995; amd. Sec. 49, Ch. 7, L. 2001; amd. Sec. 1, Ch. 81, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2101. Total unemployment -- when

39-51-2101. Total unemployment -- when.
(1) An individual is considered to be totally unemployed in any week during which the individual:
(a) did not perform any work in employment and did not earn any wages for employment; or
(b) except as provided in subsection (2):
(i) due to a lack of work, worked fewer than the hours that are typically worked in employment by the individual; and
(ii) earned wages payable to the individual that are less than two times the individual's weekly benefit amount.
(2) An individual is not considered to be unemployed in any week in which the individual works at least 40 hours in employment.
History: En. Subd. (n) to (r), Sec. 19, Ch. 137, L. 1937; amd. Sec. 6, Ch. 137, L. 1939; amd. Sec. 10, Ch. 164, L. 1941; amd. Sec. 5, Ch. 233, L. 1943; amd. Sec. 6, Ch. 190, L. 1945; amd. Sec. 3, Ch. 238, L. 1955; amd. Sec. 12, Ch. 171, L. 1957; amd. Sec. 11, Ch. 156, L. 1961; amd. Sec. 4, Ch. 269, L. 1963; amd. Sec. 1, Ch. 200, L. 1969; amd. Sec. 33, Ch. 368, L. 1975; amd. Sec. 1, Ch. 115, L. 1977; R.C.M. 1947, 87-149(a)(1); amd. Sec. 14, Ch. 234, L. 1987; amd. Sec. 1, Ch. 400, L. 1999; amd. Sec. 11, Ch. 88, L. 2009; amd. Sec. 7, Ch. 123, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2102. Commencement of week of unemployment

39-51-2102. Commencement of week of unemployment.
An individual's week of unemployment commences only after the individual files a claim for unemployment insurance benefits with the unemployment insurance division and has registered for work with the individual's local job service, except as the department may by rule otherwise prescribe.
History: En. Subd. (n) to (r), Sec. 19, Ch. 137, L. 1937; amd. Sec. 6, Ch. 137, L. 1939; amd. Sec. 10, Ch. 164, L. 1941; amd. Sec. 5, Ch. 233, L. 1943; amd. Sec. 6, Ch. 190, L. 1945; amd. Sec. 3, Ch. 238, L. 1955; amd. Sec. 12, Ch. 171, L. 1957; amd. Sec. 11, Ch. 156, L. 1961; amd. Sec. 4, Ch. 269, L. 1963; amd. Sec. 1, Ch. 200, L. 1969; amd. Sec. 33, Ch. 368, L. 1975; amd. Sec. 1, Ch. 115, L. 1977; R.C.M. 1947, 87-149(a)(2); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 12, Ch. 466, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2103. Payment of benefits

39-51-2103. Payment of benefits.
(1) Benefits are payable from the fund to any individual who is or becomes unemployed and eligible for benefits as is herein prescribed.
(2) All benefits shall be paid through public employment offices in the state or other agencies designated by the department in accordance with such rules as the department may prescribe.
History: En. Sec. 3 (a), (b), (c), 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. 1, Ch. 191, L. 1953; amd. Sec. 1, Ch. 238, L. 1955; amd. Sec. 1, Ch. 140, L. 1957; amd. Sec. 1, Ch. 156, L. 1961; amd. Sec. 1, Ch. 269, L. 1963; amd. Sec. 1, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 169, L. 1971; amd. Sec. 1, Ch. 394, L. 1973; amd. Sec. 1, Ch. 400, L. 1975; amd. Sec. 1, Ch. 528, L. 1977; R.C.M. 1947, 87-103(part); amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2105. Qualifying wages

39-51-2105. Qualifying wages.
To qualify for benefits, an individual must have been paid total wages for employment in the base period in an amount:
(1) not less than 1 1/2 times the wages earned in the calendar quarter in which wages were the highest during the base period; however, the total wages in the base period must be equal to or greater than 7% of the average annual wage described in 39-51-2201; or
(2) equal to or greater than 50% of the average annual wage described in 39-51-2201.
History: En. Sec. 3 (a), (b), (c), 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. 1, Ch. 191, L. 1953; amd. Sec. 1, Ch. 238, L. 1955; amd. Sec. 1, Ch. 140, L. 1957; amd. Sec. 1, Ch. 156, L. 1961; amd. Sec. 1, Ch. 269, L. 1963; amd. Sec. 1, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 169, L. 1971; amd. Sec. 1, Ch. 394, L. 1973; amd. Sec. 1, Ch. 400, L. 1975; amd. Sec. 1, Ch. 528, L. 1977; R.C.M. 1947, 87-103(part); amd. Sec. 1, Ch. 688, L. 1979; amd. Sec. 1, Ch. 153, L. 1987; amd. Sec. 15, Ch. 234, L. 1987; amd. Sec. 1, Ch. 485, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2106. Certain wages not to be used in determining benefit eligibility or amount

39-51-2106. Certain wages not to be used in determining benefit eligibility or amount.
Wages earned for services performed as an employee representative as defined in the Railroad Unemployment Insurance Act (45 U.S.C. 351, et seq.) or for services performed for an employer as defined in that act are not included for the purposes of determining eligibility or weekly benefit amount under this chapter.
History: En. Sec. 3 (a), (b), (c), 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. 1, Ch. 191, L. 1953; amd. Sec. 1, Ch. 238, L. 1955; amd. Sec. 1, Ch. 140, L. 1957; amd. Sec. 1, Ch. 156, L. 1961; amd. Sec. 1, Ch. 269, L. 1963; amd. Sec. 1, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 169, L. 1971; amd. Sec. 1, Ch. 394, L. 1973; amd. Sec. 1, Ch. 400, L. 1975; amd. Sec. 1, Ch. 528, L. 1977; R.C.M. 1947, 87-103(part); amd. Sec. 173, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2107. Services for remuneration to be performed during benefit year as condition for receiving benefits in second benefit year -- amount required

39-51-2107. Services for remuneration to be performed during benefit year as condition for receiving benefits in second benefit year -- amount required.
An individual who received benefits during a benefit year shall perform services for remuneration following the initial separation from employment in the previous benefit year as a condition for receiving benefits in a second benefit year. The service must constitute employment as defined in 39-51-203 and 39-51-204. However, the individual must have earned the lesser of three-thirteenths of the individual's high quarter of the individual's second benefit year or six times the individual's weekly benefit amount of that same year.
History: En. Sec. 4, Ch. 137, L. 1937; amd. Sec. 2, Ch. 137, L. 1939; amd. Sec. 2, Ch. 164, L. 1941; amd. Sec. 1, Ch. 233, L. 1943; amd. Sec. 1, Ch. 190, L. 1945; amd. Sec. 3, Ch. 191, L. 1953; amd. Sec. 2, Ch. 238, L. 1955; amd. Sec. 2, Ch. 140, L. 1957; amd. Sec. 3, Ch. 156, L. 1961; amd. Sec. 1, Ch. 390, L. 1971; amd. Sec. 1, Ch. 323, L. 1975; amd. Sec. 2, Ch. 368, L. 1975; amd. Sec. 1, Ch. 428, L. 1977; R.C.M. 1947, 87-105(e); amd. Sec. 29, Ch. 373, L. 1991; amd. Sec. 1534, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2109. Payment of benefits to athletes

39-51-2109. Payment of benefits to athletes.
Effective January 1, 1978, benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between 2 successive sport seasons or similar periods if such individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods.
History: En. Sec. 4, Ch. 137, L. 1937; amd. Sec. 2, Ch. 137, L. 1939; amd. Sec. 2, Ch. 164, L. 1941; amd. Sec. 1, Ch. 233, L. 1943; amd. Sec. 1, Ch. 190, L. 1945; amd. Sec. 3, Ch. 191, L. 1953; amd. Sec. 2, Ch. 238, L. 1955; amd. Sec. 2, Ch. 140, L. 1957; amd. Sec. 3, Ch. 156, L. 1961; amd. Sec. 1, Ch. 390, L. 1971; amd. Sec. 1, Ch. 323, L. 1975; amd. Sec. 2, Ch. 368, L. 1975; amd. Sec. 1, Ch. 428, L. 1977; R.C.M. 1947, 87-105(g).
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2110. Payment of benefits to aliens

39-51-2110. Payment of benefits to aliens.
(1) Benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for the purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of the Immigration and Nationality Act, 8 U.S.C. 1152.
(2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to the individuals because of the individuals' alien status must be uniformly required from all applicants for benefits.
(3) In the case of an individual whose application for benefits would otherwise be approved, a determination that benefits to the individual are not payable because of the individual's alien status may not be made except upon a preponderance of the evidence.
History: En. Sec. 4, Ch. 137, L. 1937; amd. Sec. 2, Ch. 137, L. 1939; amd. Sec. 2, Ch. 164, L. 1941; amd. Sec. 1, Ch. 233, L. 1943; amd. Sec. 1, Ch. 190, L. 1945; amd. Sec. 3, Ch. 191, L. 1953; amd. Sec. 2, Ch. 238, L. 1955; amd. Sec. 2, Ch. 140, L. 1957; amd. Sec. 3, Ch. 156, L. 1961; amd. Sec. 1, Ch. 390, L. 1971; amd. Sec. 1, Ch. 323, L. 1975; amd. Sec. 2, Ch. 368, L. 1975; amd. Sec. 1, Ch. 428, L. 1977; R.C.M. 1947, 87-105(h); amd. Sec. 18, Ch. 373, L. 1991; amd. Sec. 3, Ch. 171, L. 1993; amd. Sec. 174, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2112. Benefit ineligibility for leave of absence

39-51-2112. Benefit ineligibility for leave of absence.
(1) An individual is ineligible to receive benefits during an approved leave of absence.
(2) An individual is eligible to receive benefits when the individual returns to and offers service to the individual's employer after returning from an approved leave of absence and the individual's regular or comparable suitable work is not available, as determined by the department, provided that the individual is otherwise eligible.
History: En. Sec. 2, Ch. 88, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2113. Benefit ineligibility for suspension

39-51-2113. Benefit ineligibility for suspension.
(1) An individual who files for benefits during a disciplinary suspension is ineligible to receive benefits for 2 weeks or until the suspension ends, whichever occurs first.
(2) Ineligibility based upon a disciplinary suspension may not be imposed for any week beginning after the second week of the suspension. If the individual remains suspended, the individual must be considered discharged for purposes of unemployment insurance. The department shall determine whether the discharge constitutes misconduct under 39-51-2303.
History: En. Sec. 3, Ch. 88, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2115. Part-time work search -- eligibility for benefits

39-51-2115. Part-time work search -- eligibility for benefits.
(1) Except as provided in subsection (2), an individual may not be denied regular unemployment compensation benefits solely because the individual is seeking only part-time work, as that term is defined in rules adopted by the department.
(2) In order to be qualified for benefits under subsection (1), the majority of the individual's workweeks in the base period must have been part-time.
History: En. Sec. 29, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 21. Benefit Eligibility › 39-51-2116. Participation in worker training program -- eligibility for training benefits

39-51-2116. Participation in worker training program -- eligibility for training benefits.
(1) Subject to the requirements of this section, training benefits are available to an individual who has exhausted all rights to regular unemployment compensation benefits and who is attending an approved worker training program.
(2) An unemployed individual who is participating and making satisfactory progress in a state-approved training program or a job training program authorized by the Workforce Innovation and Opportunity Act that is necessary for the individual's reemployment is eligible to receive training benefits if, as determined by the department:
(a) the individual was:
(i) separated from a declining occupation; or
(ii) involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment;
(b) the training enhances the individual's marketable skills and earning power; and
(c) the training is targeted to those industries or skills that are in demand within the labor market.
(3) Benefits must be paid under this section at the individual's average weekly benefit amount during the applicable benefit year and under the same terms and conditions as regular benefits.
(4) Benefits are payable under this section only for weeks during which the individual is attending an approved training program.
(5) An employer's account may not be charged for payment of benefits to an individual under this section.
History: En. Sec. 30, Ch. 489, L. 2009; amd. Sec. 2, Ch. 37, L. 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 22. Amount and Duration of Benefits › 39-51-2201. Weekly benefit amount -- determination of average weekly wage

39-51-2201. Weekly benefit amount -- determination of average weekly wage.
(1) An individual's weekly benefit amount must be an amount equal to 1% of the total base period wages or equal to 1.9% of the total wages paid in the 2 calendar quarters in which wages were the highest during the base period. The weekly benefit amount, if not a multiple of $1, must be rounded to the nearest lower full dollar amount. However, the amount may not be less than the minimum or more than the maximum weekly benefit amount.
(2) On or before May 31 of each year, the total wages paid by all employers as reported on contribution reports submitted on or before that date for the preceding calendar year must be divided by the average monthly number of individuals employed during the same preceding calendar year as reported on the contribution reports. The amount obtained is the average annual wage. The average annual wage divided by 52, rounded to the nearest cent, is the average weekly wage.
(3) The maximum and minimum weekly benefit amounts are computed in the following manner:
(a) (i) If the unemployment insurance contributions schedule provided for in 39-51-1218 is Schedule II or higher, the maximum weekly benefit amount is 66.5% of the average weekly wage and must be applied to all maximum weekly benefit amount claims for benefits filed to establish a benefit year commencing on or after July 1 of the same year.
(ii) The minimum weekly benefit amount must be 19% of the average weekly wage.
(b) (i) If the unemployment insurance contributions schedule provided for in 39-51-1218 is Schedule I, the maximum weekly benefit amount is 67.5% of the average weekly wage and must be applied to all maximum weekly benefit amount claims for benefits filed to establish a benefit year commencing on or after July 1 of the same year.
(ii) The minimum weekly benefit amount must be 20% of the average weekly wage.
History: En. Sec. 3 (a), (b), (c), 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. 1, Ch. 191, L. 1953; amd. Sec. 1, Ch. 238, L. 1955; amd. Sec. 1, Ch. 140, L. 1957; amd. Sec. 1, Ch. 156, L. 1961; amd. Sec. 1, Ch. 269, L. 1963; amd. Sec. 1, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 169, L. 1971; amd. Sec. 1, Ch. 394, L. 1973; amd. Sec. 1, Ch. 400, L. 1975; amd. Sec. 1, Ch. 528, L. 1977; R.C.M. 1947, 87-103(b); amd. Sec. 2, Ch. 688, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1, Ch. 193, L. 1983; amd. Sec. 7, Ch. 371, L. 1985; amd. Sec. 2, Ch. 485, L. 1991; amd. Sec. 1, Ch. 333, L. 2001; amd. Sec. 2, Ch. 432, L. 2003; amd. Sec. 1, Ch. 92, L. 2005; amd. Sec. 1, Ch. 86, L. 2007; amd. Sec. 17, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 22. Amount and Duration of Benefits › 39-51-2202. Partial payment of benefits

39-51-2202. Partial payment of benefits.
Partial payment for a week of unemployment, as used in this section, is the claimant's weekly benefit amount less 50% of wages for employment earned in excess of one-fourth of the claimant's weekly benefit amount. The wages for employment and the one-fourth weekly benefit amount, if not a multiple of $1, must be rounded to the nearest lower full dollar amount.
History: En. Subd. (n) to (r), Sec. 19, Ch. 137, L. 1937; amd. Sec. 6, Ch. 137, L. 1939; amd. Sec. 10, Ch. 164, L. 1941; amd. Sec. 5, Ch. 233, L. 1943; amd. Sec. 6, Ch. 190, L. 1945; amd. Sec. 3, Ch. 238, L. 1955; amd. Sec. 12, Ch. 171, L. 1957; amd. Sec. 11, Ch. 156, L. 1961; amd. Sec. 4, Ch. 269, L. 1963; amd. Sec. 1, Ch. 200, L. 1969; amd. Sec. 33, Ch. 368, L. 1975; amd. Sec. 1, Ch. 115, L. 1977; R.C.M. 1947, 87-149(a)(3)(A); amd. Sec. 2, Ch. 193, L. 1983; amd. Sec. 2, Ch. 400, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 22. Amount and Duration of Benefits › 39-51-2203. Reduction of benefits because of amounts received from certain other sources

39-51-2203. Reduction of benefits because of amounts received from certain other sources.
(1) An individual's weekly benefit amount must be reduced (but not below zero) by the amount that the individual is receiving in the form of a governmental or other pension, retirement pay, annuity, or other similar periodic payment that is based on the previous work of the individual and that is reasonably attributable to the week if:
(a) the payment is made under a plan maintained or contributed to by a base-period or chargeable employer; and
(b) except in the case of payments made under the Social Security Act or the Railroad Retirement Act, the services performed for the employer by the individual after the beginning of the base period or the remuneration for services affect eligibility for or the amount of the pension, retirement pay, annuity, or other similar payment.
(2) The reduction required by subsection (1) does not apply in those instances in which the governmental or other pension, retirement pay, annuity, or other similar periodic payment is made from a fund to which the individual was required to make a direct contribution.
History: En. Subd. (n) to (r), Sec. 19, Ch. 137, L. 1937; amd. Sec. 6, Ch. 137, L. 1939; amd. Sec. 10, Ch. 164, L. 1941; amd. Sec. 5, Ch. 233, L. 1943; amd. Sec. 6, Ch. 190, L. 1945; amd. Sec. 3, Ch. 238, L. 1955; amd. Sec. 12, Ch. 171, L. 1957; amd. Sec. 11, Ch. 156, L. 1961; amd. Sec. 4, Ch. 269, L. 1963; amd. Sec. 1, Ch. 200, L. 1969; amd. Sec. 33, Ch. 368, L. 1975; amd. Sec. 1, Ch. 115, L. 1977; R.C.M. 1947, 87-149(a)(3)(B); amd. Sec. 1, Ch. 41, L. 1981; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1, Ch. 145, L. 1983; amd. Sec. 8, Ch. 618, L. 1989; amd. Sec. 4, Ch. 171, L. 1993; amd. Sec. 12, Ch. 195, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 22. Amount and Duration of Benefits › 39-51-2204. Maximum benefit amount

39-51-2204. Maximum benefit amount.
Any otherwise eligible individual is entitled during the individual's benefit year to a total amount of benefits equal to the individual's weekly benefit amount, as calculated according to 39-51-2201, times the number of full weeks of benefit entitlement appearing in the following table in the line which includes the individual's ratio of total base period earnings to the highest quarter of earnings in the base period:
Ratio of Total Base Period
Earnings to High Quarter
Full Weeks
At Least
But Less Than
of Benefits
1.00
1.25
8
1.25
1.50
10
1.50
1.75
12
1.75
2.00
14
2.00
2.25
16
2.25
2.50
18
2.50
2.75
20
2.75
3.00
22
3.00
.......
24
History: En. Sec. 3 (a), (b), (c), 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. 1, Ch. 191, L. 1953; amd. Sec. 1, Ch. 238, L. 1955; amd. Sec. 1, Ch. 140, L. 1957; amd. Sec. 1, Ch. 156, L. 1961; amd. Sec. 1, Ch. 269, L. 1963; amd. Sec. 1, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 169, L. 1971; amd. Sec. 1, Ch. 394, L. 1973; amd. Sec. 1, Ch. 400, L. 1975; amd. Sec. 1, Ch. 528, L. 1977; R.C.M. 1947, 87-103(d); amd. Sec. 3, Ch. 688, L. 1979; amd. Sec. 2, Ch. 153, L. 1987; amd. Sec. 3, Ch. 485, L. 1991; amd. Sec. 3, Ch. 432, L. 2003; amd. Sec. 1, Ch. 731, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 22. Amount and Duration of Benefits › 39-51-2205. Continuation of benefits at death of claimant

39-51-2205. Continuation of benefits at death of claimant.
All accrued benefits due and payable at the time of death to any deceased claimant shall be paid to the surviving spouse or, if there be no surviving spouse, then to the surviving children or, if there be no surviving children, then to the next of kin without the necessity of any recipient obtaining letters testamentary or of administration.
History: En. Sec. 3 (a), (b), (c), 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. 1, Ch. 191, L. 1953; amd. Sec. 1, Ch. 238, L. 1955; amd. Sec. 1, Ch. 140, L. 1957; amd. Sec. 1, Ch. 156, L. 1961; amd. Sec. 1, Ch. 269, L. 1963; amd. Sec. 1, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 169, L. 1971; amd. Sec. 1, Ch. 394, L. 1973; amd. Sec. 1, Ch. 400, L. 1975; amd. Sec. 1, Ch. 528, L. 1977; R.C.M. 1947, 87-103(g).
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 22. Amount and Duration of Benefits › 39-51-2207. Voluntary withholding of taxes from benefits -- procedures

39-51-2207. Voluntary withholding of taxes from benefits -- procedures.
(1) The department shall advise an individual at the time the individual files a new claim for unemployment compensation that:
(a) unemployment compensation is subject to federal income tax;
(b) requirements exist pertaining to estimated tax payments;
(c) the individual may elect to have federal income tax deducted and withheld from the individual's unemployment compensation at the rate or amount specified in the Internal Revenue Code; and
(d) the individual may change a previously elected withholding status in a manner and at a frequency prescribed by the department, subject to the provisions in subsection (3).
(2) Funds deducted and withheld from unemployment compensation must remain in the unemployment insurance fund provided for in 39-51-401 until the funds are transferred as income tax payments to the internal revenue service.
(3) The department shall follow all procedures specified by the United States department of labor and the internal revenue service pertaining to the voluntary deduction and withholding of income tax from unemployment compensation.
History: En. Sec. 1, Ch. 60, L. 1997; amd. Sec. 3, Ch. 51, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 23. Benefit Disqualification › 39-51-2301. Disqualification not to be confined to a single benefit year

39-51-2301. Disqualification not to be confined to a single benefit year.
A disqualification pursuant to the provisions of this part may not be confined to a single benefit year.
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(h).
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 23. Benefit Disqualification › 39-51-2303. Disqualification for discharge due to misconduct

39-51-2303. Disqualification for discharge due to misconduct.
An individual must be disqualified for benefits after being discharged:
(1) for misconduct connected with the individual's work or affecting the individual's employment until the individual has performed services:
(a) for which remuneration is received equal to or in excess of eight times the individual's weekly benefit amount subsequent to the week in which the act causing the disqualification occurred; and
(b) that constitute employment as defined in 39-51-203 and 39-51-204;
(2) for gross misconduct connected with the individual's work or committed on the employer's premises, as determined by the department, for a period of 52 weeks; or
(3) for failure to pass or refusal to take a drug test in violation of an employer's written workplace drug policy, if the testing procedures comply with federal drug testing statutes and administrative regulations applicable to private sector employers and employees as provided in Title 39, chapter 2. This subsection does not apply to a drug test for marijuana or marijuana products that was administered to an individual who is a registered cardholder under Title 16, chapter 12, part 5.
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), (b); amd. Sec. 5, Ch. 688, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 16, Ch. 234, L. 1987; amd. Sec. 7, Ch. 61, L. 1999; amd. Secs. 1, 4, Ch. 555, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 23. Benefit Disqualification › 39-51-2305. Disqualification when unemployment because of strike

39-51-2305. Disqualification when unemployment because of strike.
(1) An individual must be disqualified for benefits for any week with respect to which the department finds that the individual's total unemployment is due to a strike that exists because of a labor dispute at the factory, establishment, or other premises at which the individual is or was last employed. However, this subsection does not apply if it is shown to the satisfaction of the department that the individual:
(a) is not participating in or financing or directly interested in the labor dispute that caused the strike; and
(b) does not belong to a grade or class of workers of which, immediately before the commencement of the strike, there were members employed at the premises at which the strike occurs, any of whom are participating in or financing or directly interested in the dispute.
(2) If in any case separate branches of work that are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each department must, for the purpose of this section, be considered to be a separate factory, establishment, or other premises.
(3) If the department, upon investigation, finds that the labor dispute is caused by the failure or refusal of any employer to conform to the provisions of any law of the state in which the labor dispute occurs or of the United States pertaining to collective bargaining, hours, wages, or other conditions of work, the labor dispute may not render the workers ineligible for benefits.
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), (d); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1, Ch. 400, L. 1985; amd. Sec. 1535, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 23. Benefit Disqualification › 39-51-2306. Disqualification because of receipt of certain other wages, compensation, or benefits

39-51-2306. Disqualification because of receipt of certain other wages, compensation, or benefits.
(1) An individual is disqualified for benefits for any week with respect to which the individual receives payment for the week or part of the week in the form of:
(a) compensation for disability under the workers' compensation law or the occupational disease law of this or any other state or under a similar law of the United States. However, when an injured claimant ceases to draw compensation benefits and returns to the labor market, the claimant is entitled to receive unemployment compensation benefits under this chapter if the claimant is otherwise qualified. Compensation received as a payment for a permanent partial disability may not be computed to be spread over a period of weeks in advance so as to bar the recipient from receiving unemployment compensation benefits under this chapter if the recipient has returned to the labor market and is otherwise qualified.
(b) benefits under the Railroad Unemployment Insurance Act, 45 U.S.C. 351, et seq., or any state unemployment compensation act or similar laws of any state or of the United States. This disqualification does not apply to any week with respect to which an individual receives benefits under an unemployment compensation law of another state or of the United States if the benefits are paid pursuant to 39-51-504.
(2) If an individual receives wages, compensation, or benefits as set forth in subsection (1) after payment of unemployment benefits with respect to the same week for which unemployment benefits were received, the individual shall repay the unemployment benefits, and the department may collect the unemployment benefits in the same manner as provided for collection of benefits under 39-51-3206.
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), (e); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 9, Ch. 618, L. 1989; amd. Sec. 14, Ch. 52, L. 2007; amd. Sec. 19, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 23. Benefit Disqualification › 39-51-2307. School attendance

39-51-2307. School attendance.
(1) An individual who is a student attending an established educational institution may qualify for benefits provided that the individual can demonstrate to the department's satisfaction that the individual meets the requirements of 39-51-2104.
(2) An individual attending an adult basic education class 20 hours a week or less while laid off from a job is not disqualified from receiving benefits if the individual is willing to return to work when notified.
(3) An otherwise eligible individual may not be denied benefits for any week because the individual is in training approved by the department, nor may the individual be denied benefits with respect to any week in which the individual is in training approved by the department by reason of the application of provisions in 39-51-2304 or the application of provisions in 39-51-2104(1)(b).
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), (f); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 13, Ch. 125, L. 1985; amd. Sec. 2, Ch. 404, L. 1993; amd. Sec. 13, Ch. 195, L. 1995; amd. Sec. 13, Ch. 88, L. 2009.