reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-208 - "Employment office" defined

"Employment office" means a free public employment office, or branch of a free public employment office, operated by the United States or by any state of the United States or by a state, province or similar political subdivision of a foreign government.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1310.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-209 - "Fund" defined

"Fund" means the unemployment compensation fund established by this chapter, to which all premiums required, and from which all benefits provided under this chapter, shall be paid.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1311; Acts 1985, ch. 318, § 12.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-210 - "State" and "United States" defined

For the purposes of this chapter:
(1)
"State" includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands; and
(2)
"United States," when used in a geographical sense, includes the states, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1961, ch. 70, § 2; 1977, ch. 330, § 10; T.C.A. (orig. ed.), § 50-1312; Acts 1993, ch. 194, § 8.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-211 - "Unemployed" defined

(a)
An individual shall be deemed "unemployed" in any week during which the individual performs no services and with respect to which no wages are payable to the individual, or in any week of less than full-time work if the wages payable to the individual with respect to the week are less than the individual's weekly benefit amount.
(b)
The commissioner shall prescribe rules and regulations applicable to unemployed individuals, making distinctions in the procedures as to total unemployment, part total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work that the commissioner deems necessary.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1313.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-212 - "Unemployment compensation administration fund" defined

"Unemployment compensation administration fund" means the unemployment compensation administration fund established by this chapter, from which regular administrative expenses under this chapter shall be paid.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1314.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-214 - "Week" defined

(a)
"Week" means the period of seven (7) consecutive days that the commissioner prescribes by regulation.
(b)
The commissioner may by regulation prescribe that a week shall be deemed to be "in," "within" or "during" that benefit year that includes the greater part of the week.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1316.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-215 - "Calendar quarter" defined

"Calendar quarter" means the period of three (3) consecutive calendar months ending on March 31, June 30, September 30 or December 31.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1317.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-216 - "Weekly benefit amount" defined

An individual's "weekly benefit amount" means the amount of benefits the individual would be entitled to receive for one (1) week of total unemployment.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1318.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-217 - "Benefit year" defined

(a)
"Benefit year" with respect to any individual means the fifty-two (52) consecutive week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the fifty-two (52) consecutive week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of the individual's last preceding benefit year.
(b)
The last preceding benefit year shall be a fifty-three (53) week period if fifty-two (52) weeks would result in the overlap of any calendar quarter of the base period of the new benefit year with the same calendar quarter of the base period of the previous benefit year.
(c)
Any claim for benefits made in accordance with §
50-7-304(a)
shall be deemed to be a "valid claim" for the purposes of subsection (a) if the individual has been paid the wages for insured work required under §
50-7-302(b)(1)
.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1975, ch. 190, § 1; T.C.A. (orig. ed.), § 50-1319; Acts 1987, ch. 148, § 5.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-218 - "Base period" defined

"Base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, that if the first quarter of the last five (5) completed calendar quarters was included in the base period applicable to any individual's previous benefit year, the individual's base period shall be the last four (4) completed calendar quarters. For the purposes of establishing a base period in cases involving persons receiving workers' compensation benefits for temporary total disability, the department shall exclude periods of such disability from the base period and determine the base period from the last four (4) completed quarters of work before any such disability.
Amended by 2013 Tenn. Acts, ch. 427,s 1, eff. 7/1/2013.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1955, ch. 115, § 3; T.C.A. (orig. ed.), § 50-1320; Acts 2009, ch. 550, § 4; 2011, ch. 376, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-219 - "Insured work" defined

"Insured work" means employment covered by this chapter.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1321.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 4 - PREMIUMS (§§ 50-7-401 — 50-7-452) › Section 50-7-401 - Payment

(a)
Premiums shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to wages paid for employment, as defined in §
50-7-207
, occurring during the calendar year; provided, that any employer who uses an accrual basis of accounting may report wages when earned so long as the reporting method is consistent. The premiums shall become due and be paid by each employer to the administrator for the fund in accordance with regulations the commissioner prescribes, and shall not be deducted, in whole or in part, from the wages of individuals who perform services for the employer. Neither shall payments in lieu of premiums be deducted in whole or in part from the wages of individuals who perform services for employers making the payments.
(b)
In the payment of any premium, a fractional part of a cent shall be disregarded unless it amounts to one-half cent (1/2 ¢) or more, in which case it shall be increased to one cent (1¢).
Acts 1947, ch. 29, § 7; C. Supp. 1950, § 6901.7 (Williams, § 6901.31); Acts 1973, ch. 130, § 7; T.C.A. (orig. ed), § 50-1326; Acts 1985, ch. 318, §§ 40, 41; 1992, ch. 694, § 7.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 4 - PREMIUMS (§§ 50-7-401 — 50-7-452) › Section 50-7-402 - Rate of premiums

(a)
Each employer shall pay premiums equal to five and one-half percent (5.5%) of wages paid by the employer during each calendar year with respect to employment, except as provided in §
50-7-403
.
(b)
Notwithstanding subsection (a), effective on and after July 1, 1982, any governmental employer referred to in §
50-7-207(b)(3)(A) and (B)
, who chooses to be a taxpaying, premium paying, employer, as opposed to one who elects to make payments in lieu of premiums, will pay premiums equal to one and one-half percent (1.5%) of wages paid by the employer during each calendar year with respect to employment, except as provided in §
50-7-403
.
Acts 1947, ch. 29, § 7; C. Supp. 1950, § 6901.7 (Williams, § 6901.31); Acts 1977, ch. 330, § 20; 1982, ch. 820, § 7; T.C.A. (orig. ed.), § 50-1327; Acts 1983, ch. 439, § 3; 1984, ch. 701, § 3; 1984, ch. 786, § 1; 1985, ch. 318, §§ 42, 43; 1986, ch. 597, § 3; 1989, ch. 388, §§ 5, 6.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 4 - PREMIUMS (§§ 50-7-401 — 50-7-452) › Section 50-7-406 - Rating system for reorganized businesses

The division of employment security shall attempt to develop a system of rating employers that will ensure that an employer who goes out of business and reorganizes as a new business with substantially the same owners shall not be rated as a new employer, but the business shall retain the same rating it maintained under the old business.
Acts 1983, ch. 439, § 15; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 4 - PREMIUMS (§§ 50-7-401 — 50-7-452) › Section 50-7-407 - Continuous part-time employment - "Reimbursing employer" defined

(a)
Notwithstanding any other provision of this chapter to the contrary, if a claimant employed by a reimbursing employer on a continuous part-time basis continues to be employed by the reimbursing employer while separated from other employment and is eligible for benefits, any benefits paid will not be considered attributable to the service with the reimbursing employer.
(b)
For the purposes of this section, "reimbursing employer" means an eligible employer who elects to reimburse the state for benefits paid in lieu of premiums, as provided by the Federal Unemployment Tax Act (
26 U.S.C. § 3301
et seq.), or this chapter.
Added by 2013 Tenn. Acts, ch. 166, s 1, eff. 4/16/2013.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 4 - PREMIUMS (§§ 50-7-401 — 50-7-452) › Section 50-7-451 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 964,s 1, eff. 5/15/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 116, eff. 3/29/2021.
Amended by 2013 Tenn. Acts, ch. 236, s 16, eff. 4/19/2013.
Acts 1998, ch. 1110, § 4; 1999, ch. 520, § 41; 2001, ch. 379, § 4; 2001, ch. 403, § 1; 2006, ch. 623, § 6; 2006, ch. 1015, § 1; 2009 , ch. 550, §§ 13, 14; 2010 , ch. 1030, § 13; 2011 , ch. 410, § 7 (a) -(c).
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 4 - PREMIUMS (§§ 50-7-401 — 50-7-452) › Section 50-7-452 - Including with employer's annual premium rate notice a statement of benefits charged to employer's experience rating account

By January 1, 2013, at the request of the employer, the department shall begin including with an employer's annual premium rate notice the statement of benefits charged to the employer's experience rating account that affected that annual premium rate. The department shall include on the annual premium rate notice how an employer may opt in to having that additional information included with the notice.
Acts 2012, ch. 904, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 5 - FUNDS (§§ 50-7-501 — 50-7-506) › Section 50-7-502 - Unemployment compensation administration fund

(a)
(1)
There is created in the state treasury a special fund to be known as the unemployment compensation administration fund.
(2)
All moneys that are deposited or paid into this fund are appropriated and made available to the commissioner.
(3)
All moneys in this fund shall be expended solely for the purpose of defraying the cost of administration of this chapter, and no other purpose whatsoever.
(4)
The fund shall consist of all money appropriated and allotted by this state, and all moneys received from the United States, or any agencies of the United States, or from any other source, for that purpose.
(5)
All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements that are provided by law for other special funds in the state treasury.
(6)
Any balances in this fund shall not lapse at any time, but shall be continuously available to the commissioner for expenditure consistent with this chapter.
(7)
The moneys received from any agency of the United States, or any other state or agency, as compensation for services or facilities supplied to the agency or agencies shall be paid into this fund on the same basis as expenditures are made for the services or facilities from the fund or account.
(b)
All moneys received from the United States secretary of labor or the secretary's successors for the administration of this chapter shall be expended solely for the purposes and in the amounts found necessary by the United States secretary of labor or the secretary's successors, for the proper and efficient administration of this chapter.
(c)
It is the policy of this state that any moneys received from the United States secretary of labor or the secretary's predecessors or successors under the Social Security Act, Title III (
42 U.S.C. § 501
et seq.), or any unencumbered balances in the unemployment compensation administration fund as of that date, or any moneys granted after that date to this state pursuant to the Wagner-Peyser Act (
29 U.S.C. § 49
et seq.), or any moneys appropriated and allocated by this state or its political subdivisions, and matched by the moneys granted to this state pursuant to the Wagner-Peyser Act, which, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the United States secretary of labor or the secretary's successors for the proper administration of the fund, shall be replaced by the state within a reasonable time to the unemployment compensation administration fund for expenditure as provided in subsection (a).
Acts 1947, ch. 29, § 13; C. Supp. 1950, § 6901.13 (Williams, § 6901.37); modified; T.C.A. (orig. ed.), § 50-1347; Acts 1985, ch. 118, § 71; 1987, ch. 148, §§ 8-10; 1998, ch. 772, § 1; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 5 - FUNDS (§§ 50-7-501 — 50-7-506) › Section 50-7-503 - Unemployment compensation special administrative fund

(a)
(1)
There is created in the state treasury a fund to be known as the "unemployment compensation special administrative fund," which shall consist of interest collected on delinquent payments pursuant to §
50-7-404(a)
, the penalty rate payments collected under §
50-7-403(b)(2)(G)(i)
(
b
), the civil money penalties collected under §
50-7-403(b)(2)(G)(ii)
, penalties collected in accordance with §
50-7-715(b)(2)
, and interest collected in accordance with §
50-7-715(c)(1)
.
(2)
Annual estimates of expenditures and requirements from this fund shall be set forth in the budget document, and estimates approved by the general assembly shall be appropriated from this fund as a specific appropriation item in each year's general appropriations act.
(3)
No sum sufficient appropriation shall be made from this fund that may add to estimates approved and appropriated by the general assembly, except for subdivisions (a)(1) and (2).
(4)
The moneys deposited with the fund may be used for the following purposes:
(A)
Replacements in the unemployment compensation administration fund as provided in §
50-7-502(c)
;
(B)
Refunds pursuant to §
50-7-404(f)
of interest erroneously collected; and
(C)
Meeting necessary expenses for the administration of this chapter, including, but not limited to, automation expenses, as approved by the commissioner of finance and administration, the information systems council, and any other entity as required by law.
(b)
(1)
Interest earned on this fund shall be credited to and augment this fund.
(2)
The balance of this fund and the balance of the unemployment compensation trust fund shall be considered for purposes of establishing the applicable premium table pursuant to §
50-7-403(j)
.
Amended by 2015 Tenn. Acts, ch. 95, s 7, eff. 7/1/2015.
Acts 1947, ch. 29, § 13; C. Supp. 1950, § 6901.13 (Williams, § 6901.37); Acts 1981, ch. 249, §§ 6, 7; T.C.A. (orig. ed.), § 50-1348; Acts 1984, ch. 786, § 5; 1985, ch. 294, §§ 1-6; 1989, ch. 545, §§ 1-3; 1997 , ch. 431, §§ 1, 2; 1999, ch. 520, § 41; 2005, ch. 357, § 10; 2012 , ch. 824, § 6.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 5 - FUNDS (§§ 50-7-501 — 50-7-506) › Section 50-7-504 - Nonliability of state for benefits

(a)
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available for the benefits to the credit of the unemployment compensation fund, and neither the state nor the commissioner shall be liable for any amount in excess of those sums.
(b)
However, for the purpose of continuing the payment of benefits provided by this chapter, the commissioner is authorized to secure an advance of funds from the federal government, pursuant to and subject to the terms of the Social Security Act, Title XII (
42 U.S.C. § 1321
et seq.), and/or
26 U.S.C. § 3302
, or related acts when and if the commissioner deems the trust fund is insufficient to pay the benefits provided in this chapter for the ensuing six (6) months.
Acts 1947, ch. 29, § 18; C. Supp. 1950, § 6901.18 (Williams, § 6901.42); Acts 1977, ch. 330, § 29; T.C.A. (orig. ed.), § 50-1356.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 5 - FUNDS (§§ 50-7-501 — 50-7-506) › Section 50-7-505 - Assessment for payment of interest - Interest paid on advancement fund

(a)
In addition to all other premiums due under this chapter, if on any June 1, the fund has utilized during the preceding eight-month period or it has been determined that during the next four-month period ending on September 30, the fund will utilize moneys advanced under
42 U.S.C. § 1321
and interest is or will be due on the moneys advanced, each employer, except any employer who has not had benefits charged against the employer's account during the two-year period ending on the preceding December 31, and who has not had a negative balance in the employer's account during the same two-year period, shall be assessed an amount that will be used exclusively for the payment of interest due on the advance.
(b)
The rate at which each such employer liable under subsection (a) will be assessed shall be determined by dividing the interest that will be due on the next September 30, by ninety-five percent (95%) of the total taxable wages paid during the preceding calendar year ending on December 31 by those employers liable under subsection (a).
(c)
In order to determine the assessment of each employer liable under subsection (a), multiply the rate as determined in subsection (b) by each such employer's total taxable wages paid during the preceding calendar year ending on December 31.
(d)
Each employer liable under subsection (a) shall be notified of the amount due as a result of subsection (a) on or before June 30. The amount shall be considered delinquent if not paid on or before July 31. Amounts that are unpaid on the day following the date due and payable shall bear interest at the same rate as for regular premiums.
(e)
The amount of the assessment will not be included in the determination of an employer's experience rating.
(f)
There is created in the state treasury a special fund, to be known as the interest paid on advancement fund (IPA fund).
(g)
All moneys collected under this section shall be deposited into the IPA fund and are appropriated and made available exclusively to the commissioner of labor and workforce development for use in paying interest owed on advancements.
(h)
All remedies applicable to the collection of employer premiums are applicable to this section.
(i)
Any interest required to be paid on advances under the Social Security Act, Title XII (
42 U.S.C. § 1321
et seq.), shall be paid in a timely manner and shall not be paid, directly or indirectly, by an equivalent reduction in unemployment premiums or otherwise, from amounts in the unemployment fund.
Acts 1983, ch. 439, § 13; 1984, ch. 701, § 5; 1984, ch. 786, § 6; 1985, ch. 118, § 72; 1985, ch. 318, §§ 72, 73; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 5 - FUNDS (§§ 50-7-501 — 50-7-506) › Section 50-7-506 - Investment and securing of funds - Interest

(a)
All moneys in the state treasury in funds created by this chapter shall be invested and secured under title 9, chapter 4, parts 1-4 and 6-8; provided, that in the event of any conflict between this section and §
50-7-501(b)
, §
50-7-501(b)
shall control.
(b)
The state treasurer shall periodically review the balances in the various funds created pursuant to this chapter and allocate the interest as is payable pursuant to title 9, chapter 4, parts 1-4 and 6-8.
(c)
The state treasurer shall pro rata reduce interest allocations to all funds for which interest is paid pursuant to this section, if necessary, to compensate for any account or fund having a negative balance for the period for which interest allocations are made.
Repealed by 2018 Tenn. Acts, ch. 642, s 4, eff. 7/1/2018.
Acts 1983, ch. 439, § 16; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-601 - Unemployment compensation bureau - Division of the Tennessee state employment service

(a)
There is created and established in the division of employment security a coordinate bureau to be designated as the unemployment compensation bureau. The bureau shall be a separate administrative unit with respect to personnel and budget, except insofar as the commissioner may find that separation is impracticable. The bureau shall exercise all the powers, perform the duties, and be subject to all the limitations prescribed in this chapter, except those pertaining to overall administration of the division vested in the administrator or except those pertaining to the overall supervision of the department vested in the commissioner, and those provided in this section for the division of the Tennessee state employment service.
(b)
There is also created within the department of labor and workforce development the division of Tennessee state employment service, the latter being more fully described in §
50-7-608
. The division shall be a separate administrative entity with respect to personnel and budget, except insofar as the commissioner may find that separation impracticable. The division shall be subject to the supervision and control of the commissioner within the provisions of this chapter.
Acts 1947, ch. 29, § 10; C. Supp. 1950, § 6901.10 (Williams, § 6901.34); Acts 1955, ch. 226, § 1; 1975, ch. 190, § 10; 1976, ch. 806, § 1(78); 1977, ch. 330, § 27; 1978, ch. 744, § 14; T.C.A. (orig. ed.), § 50-1332; Acts 1999, ch. 520, § 41; 2010, ch. 1042, § 12.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-602 - Authority and duties of commissioner

(a)
It is the duty of the administrator to administer this chapter. The commissioner has the power and authority to adopt, amend or rescind rules and regulations, to employ persons, make expenditures, require reports, make investigations, and take other action the commissioner deems necessary or suitable to that end.
(b)
The rules and regulations shall be effective as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The commissioner shall determine the commissioner's own organization and methods of procedure in accordance with this section, and shall have an official seal, which shall be judicially noticed.
(d)
Not later than February 1 of each year, the commissioner shall submit to the governor a report covering the administration and operation of this chapter during the preceding twelve-month period ending on September 30, and shall make recommendations for amendments to this chapter the commissioner deems proper.
(e)
The report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current premiums, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics of employment, business activity and other relevant factors for the longest possible period.
(f)
Whenever the commissioner believes that a change in premium or benefit rates will become necessary to protect the solvency of the fund, the commissioner shall promptly so inform the governor and the general assembly, and make recommendations with respect to the change in premium or benefit rates.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1978, ch. 744, § 15; T.C.A. (orig. ed.), § 50-1333; Acts 1985, ch. 318, § 74.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-603 - Regulations and rules

Regulations and rules may be adopted, amended or rescinded by the commissioner as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1973, ch. 130, § 10; T.C.A. (orig. ed.), § 50-1334; Acts 1985, ch. 318, § 75.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-604 - Publications

The commissioner shall cause to be printed for distribution to the public the text of this chapter, the commissioner's regulations and general rules, the commissioner's annual reports to the governor, to be printed for distribution biennially, and any other material the commissioner deems relevant and suitable and shall furnish the material to any person upon application for the material.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1982, ch. 820, § 16; T.C.A. (orig. ed.), § 50-1335.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-605 - Personnel

(a)
(1)
Subject to this chapter, the commissioner is authorized to appoint, fix the compensation and prescribe the duties and powers of officers, accountants, attorneys, experts and other persons necessary in the performance of the commissioner's duties.
(2)
All positions except those provided for in §
50-7-714
shall be filled by persons selected and appointed on a nonpartisan merit basis.
(3)
The commissioner shall provide for the holding of examinations to determine the qualifications of applicants for the positions so classified, and, except for temporary appointments not to exceed six (6) months in duration, shall appoint the personnel on the basis of efficiency and fitness as determined in the examinations.
(4)
The commissioner shall not appoint or employ any person who is an officer or committee member of any political party organization or who holds, or is a candidate for, any elective public office.
(5)
The commissioner may delegate to any person so appointed the power and authority the commissioner deems reasonable and proper for the effective administration of this chapter, and may, in the commissioner's discretion, require bond of any person handling moneys or signing checks or warrants under this chapter, and the premiums on the bond shall be paid from the administrative fund.
(b)
The provisions of this section as to the holding of examinations and the making of appointments on the basis of the examinations shall be inoperative so long as the state has in effect a civil service system applicable to the department of labor and workforce development.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1336; Acts 1983, ch. 371, § 1; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-606 - State unemployment compensation advisory council

(a)
The commissioner shall appoint a state unemployment compensation advisory council composed of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment or affiliations, and of members representing the general public that the commissioner may designate.
(b)
This council shall aid the commissioner in formulating policies and discussing problems related to the administration of this chapter and in assuring impartiality and freedom from political influence in the solution of the problems.
(c)
The advisory council shall serve without compensation, but shall be reimbursed for any necessary expense.
(d)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e)
In addition to any other meetings the state advisory council may have with the commissioner for those purposes included in subsection (b), the state advisory council shall meet at least twice a year with the administrator. At such meetings the administrator shall advise the council on the status of all operations of the division and the programs administered within the division. Members of the advisory council shall not be reimbursed for necessary expenses in attending such meetings.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1976, ch. 806, § 1(67); T.C.A. (orig. ed.), § 50-1337; Acts 1999, ch. 520, §§ 41, 51.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-607 - Employment stabilization

The commissioner, with the advice and aid of the advisory council, and through the appropriate divisions, shall take all appropriate steps to:
(1)
Reduce and prevent unemployment;
(2)
Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance;
(3)
Investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the state, of reserves for public work to be used in times of business depression and unemployment;
(4)
Promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and
(5)
To these ends, carry on and publish the results of investigations and research studies.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1338.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-608 - State employment service

(a)
(1)
The commissioner shall establish and maintain free public employment offices for the Tennessee state employment service in the number and in the places necessary for the proper administration of this chapter, and for the purposes of performing the duties that are within the purview of the act of congress entitled "An Act to provide for the establishment of a national employment system and for the cooperation with the states in the promotion of such system and for other purposes," approved June 6, 1933, 48 Stat. 113;
29 U.S.C. § 49(c)
.
(2)
It is the duty of the commissioner to cooperate with and, subject to the approval of the governor, to enter into any necessary and desirable agreements with any official or agency of the United States having powers or duties under the act referenced in subdivision (a)(1), or any subsequent act of congress, and to do and perform all things necessary to secure to this state the benefits of the act referenced in subdivision (a)(1), or any subsequent acts of congress in the promotion and maintenance of a system of public employment offices.
(3)
The act referenced in subdivision (a)(1), is accepted by this state, in conformity with section 4 of that act, and this state will observe and comply with the requirements of the act referenced in subdivision (a)(1).
(4)
The department is designated and constituted the agency of this state for the purpose of that act.
(5)
The commissioner shall appoint the director, and other officers and employees of the Tennessee state employment service.
(6)
The commissioner may cooperate with or enter into agreements with the railroad retirement board with respect to the establishment, maintenance and the use of free employment service facilities.
(b)
(1)
All moneys received by this state under that act of congress, as amended, shall be paid into the special employment service account in the unemployment compensation administration fund, and these moneys are made available to the commissioner to be expended as provided by this section and by the act referenced in subdivision (a)(1).
(2)
For the purpose of establishing and maintaining free public employment offices, the commissioner is authorized to enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivisions of this state, or with any private, nonprofit organization, and, as a part of the agreement, the commissioner may accept moneys, services or quarters as a contribution to the employment service account.
Acts 1947, ch. 29, § 12; C. Supp. 1950, § 6901.12 (Williams, § 6901.36); T.C.A. (orig. ed.), § 50-1346; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-609 - Assistant or deputy commissioner

(a)
The commissioner of labor and workforce development may appoint an assistant or deputy commissioner for the division of employment security, and may delegate to the person so appointed the responsibility and authority in connection with the administration of this chapter, the commissioner may, from time to time, deem necessary, reasonable and proper for the effective and efficient administration of the division, including, but not limited to, the coordination of the unemployment compensation bureau of the division and the Tennessee state employment service.
(b)
Neither this chapter nor title 8, chapter 30 shall apply to the appointment of the assistant or deputy commissioner provided for in this section, or to the assistant or deputy commissioner's tenure of office, it being the express intent that the assistant or deputy commissioner shall serve in that capacity solely at the will of the commissioner.
Acts 1955, ch. 5, §§ 1-3; T.C.A., §§ 50-1359 -- 50-1361; Acts 1983, ch. 371, §§ 2, 3; 1999, ch. 520, § 41; 2012, ch. 800, § 49.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-610 - Contracts for administration of programs

Any political subdivision of the state may contract for the administration of an unemployment compensation program following the established procedures of the division of employment security required by the terms of this chapter without the necessity of public bidding, as required by any public or private act or charter restriction, if the contract is entered into pursuant to a plan authorized and approved by any organization of governmental entities representing cities or counties.
Acts 1979, ch. 312, § 1; T.C.A., § 50-1364; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-612 - Food stamp overissuance deduction

(a)
An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes an overissuance, as defined in § 13(c)(1) of the Food Stamp Act of 1977 (
7 U.S.C. § 2022(c)(1)
), of food stamp benefits. The administrator shall notify the state food stamp agency enforcing such obligation of any individual who discloses that such individual owes food stamp overissuances and who is determined to be eligible for unemployment compensation.
(b)
The administrator shall deduct and withhold from any unemployment compensation payable to the individual who owes an uncollected overissuance of food stamp benefits:
(1)
The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b);
(2)
The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under § 13(c)(3)(A) of the Food Stamp Act of 1977 (
7 U.S.C. § 2022(c)(3)(A)
); or
(3)
Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the Food Stamp Act of 1977 (
7 U.S.C. § 2022(c)(3)(B)
).
(c)
Any amount deducted and withheld under this section shall be paid by the administrator to the appropriate state food stamp agency.
(d)
Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and be treated as if it were paid by the individual to the state food stamp agency as repayment of the individual's uncollected overissuance of food stamp benefits.
(e)
For purposes of this section, "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f)
This section applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs incurred by the commissioner under this section that are attributable to the repayment of uncollected overissuances to the state food stamp agency.
Acts 1997 , ch. 104, § 4.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 6 - ADMINISTRATION (§§ 50-7-601 — 50-7-613) › Section 50-7-613 - Receiving notices electronically and submitting separation information electronically - Electronic appeals

By July 1, 2012, the department shall implement an internet-based system that allows employers to receive separation notices from the department electronically and to submit separation information electronically to the department. The system shall also have the capability to allow an employer to initiate an appeal electronically.
Acts 2012 , ch. 904, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-702 - Oaths and witnesses - Disputed claims - Evidence

In the discharge of the duties imposed by this part, an unemployment hearing officer, the commissioner, the commissioner's designee, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses, and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of this part.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1340; Acts 2003, ch. 191, § 7; 2010, ch. 1042, § 17.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-703 - Subpoenas - Refusal to obey - Penalty

In case of contumacy by or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commissioner or the commissioner's designee, an unemployment hearing officer, or any duly authorized representative of any of them, shall have jurisdiction to issue to the person an order requiring that person to appear before the commissioner, the commissioner's designee, an unemployment hearing officer, or any duly authorized representative of any of them, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of the court, and, in addition to the contempt proceeding, any person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in the person's power so to do, in obedience to a subpoena of the commissioner, the commissioner's designee, an unemployment hearing officer or any duly authorized representative of any of them, commits a Class C misdemeanor.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1341; Acts 1989, ch. 591, § 113; 2003, ch. 191, § 8; 2010, ch. 1042, § 18.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-704 - Protection against self-incrimination

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the commissioner, an unemployment hearing officer, or any duly authorized representative of any of them, or in obedience to the subpoena of any of them in any cause or proceeding before the commissioner or an unemployment hearing officer, 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; but no individual shall 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 individual's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1342; Acts 2003 , ch. 191, § 9; 2011 , ch. 82, § 4.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-705 - Federal-state cooperation

(a)
In the administration of this chapter, the commissioner shall cooperate with the United States department of labor to the fullest extent consistent with this chapter, and shall take action, through the adoption of appropriate rules, regulations, administrative methods and standards, necessary to secure to this state and its citizens all advantages available under the Social Security Act (
42 U.S.C. § 301
et seq.), that relate to unemployment compensation, the federal Unemployment Tax Act (
26 U.S.C. § 3301
et seq.), the Wagner-Peyser Act (
29 U.S.C. § 49
et seq.), and the Federal-State Extended Unemployment Compensation Act of 1970, found at
26 U.S.C. § 3304
note.
(b)
In the administration of §
50-7-305
, which is enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the commissioner shall take action necessary to:
(1)
Ensure that §
50-7-305
is interpreted and applied to meet the requirements of the Federal-State Extended Unemployment Compensation Act of 1970 found at
26 U.S.C. § 3304
note, as interpreted by the United States department of labor; and
(2)
Secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the Federal-State Extended Unemployment Compensation Act of 1970.
(c)
The commissioner may afford reasonable cooperation with every agency of the United States or of any state charged with administration of any unemployment insurance law.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); modified; Acts 1971, ch. 204, § 12; T.C.A. (orig. ed.), § 50-1343; Acts 1999, ch. 520, § 41.