Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.010 - Definitions

Current through May 31, 2024
(a) In this chapter, unless the context
				requires otherwise,
(1) "commissioner" means
				the Commissioner of Labor and Workforce Development;
(2) "division" means the employment and
				training services division of the Department of Labor and Workforce
				Development;
(3) "act" means the
				Alaska Employment Security Act and amendments thereto;
(4) "director" means the director of the
				employment security division and employees of the division who act as the
				director's agents;
(5) "interested
				party" means
(A) the claimant for
				unemployment insurance benefits;
(B) an employing unit, if the determination
				or the appeal relates to a claimant's separation from that employing unit, or
				the liability of the employing unit for contributions or
				reimbursements;
(C) the director or
				any employee of the division designated by the director; and
(D) any other person who, upon written
				application to the department, is found by the department to have an interest
				in the determination or in an appeal arising from the determination;
(6) "real property" means land or
				improvements on it, such as buildings or other inherently permanent structures,
				including items which are structural components of the buildings or structures;
				in addition, "real property" includes an interest in real property; the term
				does not include accessories to the operation of the business, which are not
				structural components of the building, such as: machinery, printing press,
				transportation equipment, office equipment, refrigerators, individual
				air-conditioning units, grocery counters, or furnishings;
(7) "additional claim" means a notice of
				unemployment filed during a benefit year or other eligibility period after an
				interruption, with intervening employment, in the filing of continued
				claims;
(8) "compensable claim"
				means a continued claim for which a money benefit is payable or has been paid,
				or for which a credit against an overpayment is allowable or has been
				allowed;
(9) "continued claim"
				means a claim for waiting week credit or payment of benefits for a
				week;
(10) "initial claim" means a
				new claim, an additional claim, or a reopened claim;
(11) "intrastate claimant" means a claimant
				filing from within a state against potential benefit amounts held by that
				state;
(12) "monetary
				determination" means an initial determination issued to a claimant in the form
				of a written notice which lists his base period employers and wages and advises
				him of the benefit amount potentially payable to him. If the claimant is
				determined monetarily eligible, the monetary determination establishes his
				benefit year, his weekly benefit amount, amount of dependents allowance,
				duration, and maximum potential benefit amount;
(13) "new claim" means a notice of
				unemployment and a request for a monetary determination;
(14) "nonmonetary determination" means a
				written notice issued to the claimant and other interested parties which
				advises the parties of the claimant's eligibility with respect to acts or
				circumstances which are potentially disqualifying under the provisions of
				AS
				23.20.360-23.20.387,
				23.20.505, and this
				chapter;
(15) "partially unemployed
				individual" means an individual who is working less than the individual's
				customary full-time hours for his or her regular employer and whose wages from
				that employer during a particular week are less than one and one-third times
				the individual's weekly benefit amount, excluding the allowance for dependents,
				plus $50;
(16) "reopened claim"
				means a notice of unemployment filed during a benefit year or other eligibility
				period after an interruption, without intervening employment, in the filing of
				continued claims;
(17) "transient
				claim" means a continued claim filed by a claimant who is traveling away from
				the area in which he normally resides and files his claims, and who is
				temporarily in the area of the employment office which he visits to file a
				continued claim;
(18) "transitional
				claim" means a new claim that requests establishment of a new benefit year
(A) with an effective date within seven days
				following the end of a previous benefit year and following a week for which
				waiting week credit or benefits were claimed; or
(B) during a continuous series of continued
				claims for extended benefits following the end of a previous benefit
				year;
(19) "week" means
				a period of seven consecutive days beginning at 12:00 a.m. Sunday and ending at
				11:59 p.m. the following Saturday;
(20) "discharge" means a separation from work
				in which the employer takes the action which results in the separation and the
				worker does not have the choice of remaining in employment;
(21) "excess contribution" is a refund
				payable to an employee under
				AS
				23.20.165(e) and an employer
				under AS
				23.20.225(a);
(22) "vocational training or retraining
				course" has the meaning given that term in
				AS
				23.20.520; "vocational training or retraining
				course" includes remedial, basic skills, or literacy training that is a
				prerequisite to occupational-specific training or necessary for success in work
				search or general work performance;
(23) "department" means the Department of
				Labor and Workforce Development.