reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.19 - Determination and Review of Benefit Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Claims for benefits shall be
			 promptly determined by the department on the basis of such facts as
			 it may obtain. Notice of such determination shall be promptly given
			 to each claimant and to any employer whose employment relationship
			 with the claimant, or the claimant's separation therefrom, involves
			 actual or potential disqualifying issues relevant to the
			 determination. Such notice to the claimant shall advise of the weekly
			 benefit amount, duration of benefits, wage records, other data
			 pertinent to benefit rights, and if disqualified, the time of and
			 reason for such disqualification. If a claimant is ineligible, such
			 claimant shall be advised of such ineligibility and the reason
			 therefor. Each notice of benefit determination which the department
			 is required to furnish to the claimant shall, in addition to stating
			 the decision and its reasons, include a notice specifying the
			 claimant's appeal rights. The notice of appeal rights shall state
			 clearly the place and manner for taking an appeal from the
			 determination and the period within which an appeal may be taken.
			 Unless the claimant or any such other party entitled to notice,
			 within ten days after such notification was mailed to such claimant's
			 last-known address, files with the department a written request for a
			 review of or an appeal from such determination, such determination
			 shall be final.
(2) Each
			 interested party will be afforded the opportunity to provide
			 information to the department regarding matters which are awaiting
			 decision to determine eligibility. A telephone fact-finding interview
			 may be set up upon request of either interested party. The request
			 must be received or postmarked within seven calendar days of the
			 notice of claim being issued. An interested party may request an
			 in-person fact-finding interview as a reasonable accommodation under
			 the federal Americans with Disabilities Act of 1990, as amended, or
			 the Iowa Civil Rights Act of 1965, as amended. The department shall
			 reserve the right to call any interested party in for an in-person
			 fact-finding interview.
(3) Upon receiving a written
			 request for review or, on its own initiative and on the basis of the
			 facts as it may have in its possession or may acquire, the benefits
			 bureau may affirm, modify, or reverse the prior decision, or refer
			 the claim to an administrative law judge. The claimant or any other
			 party filing the request for review shall be promptly notified of the
			 decision or referral. Unless the claimant or any other party files an
			 appeal within ten days after the date of mailing, the latter decision
			 shall be final and benefits shall be paid or denied in accordance
			 therewith.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.22 - Benefit Eligibility Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
For an individual to be eligible to receive benefits the
				department must find that the individual is able to work, available for work,
				and earnestly and actively seeking work. The individual bears the burden of
				establishing that the individual is able to work, available for work, and
				earnestly and actively seeking work.
(1)
Able to work.
An
			 individual must be physically and mentally able to work in some gainful
			 employment, not necessarily in the individual's customary occupation, but which
			 is engaged in by others as a means of livelihood.
a.
Illness, injury or
			 pregnancy.
Each case is decided upon an individual basis, recognizing
			 that various work opportunities present different physical requirements. A
			 statement from a medical practitioner is considered prima facie evidence of the
			 physical ability of the individual to perform the work required. A pregnant
			 individual must meet the same criteria for determining ableness as do all other
			 individuals.
b.
Interpretation of ability to work.
The law provides that an
			 individual must be able to work to be eligible for benefits. This means that
			 the individual must be physically able to work, not necessarily in the
			 individual's customary occupation, but able to work in some reasonably
			 suitable, comparable, gainful, full-time endeavor, other than self-employment,
			 which is generally available in the labor market in which the individual
			 resides.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.24 - Failure to Accept Work and Failure to Apply for Suitable Work

Current through Register Vol. 47, No. 3, July 24, 2024
Failure to accept work and failure to apply for suitable work
				shall be removed when the individual shall have worked in (except in back pay
				awards) and been paid wages for insured work equal to ten times the individual's
				weekly benefit amount, provided the individual is otherwise eligible.
(1)
Bona fide offer of work.
a. In deciding whether or not a claimant failed
			 to accept suitable work, or failed to apply for suitable work, it must first be
			 established that a bona fide offer of work was made to the individual by personal
			 contact or that a referral was offered to the claimant by personal contact to an
			 actual job opening and a definite refusal was made by the individual. For
			 purposes of a recall to work, a registered letter shall be deemed to be
			 sufficient as a personal contact.
b.
			 Upon notification of a job opening for a claimant, a representative of the
			 department shall notify the claimant of the job referral. If the claimant fails
			 to respond without good cause, the claimant shall be disqualified until such time
			 as the claimant contacts the local workforce development center or unemployment
			 insurance service center.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.27 - Voluntary Quit of Part-time Employment and Requalification

Current through Register Vol. 47, No. 3, July 24, 2024
An individual who voluntarily quits without good cause part-time
				employment and has not requalified for benefits following the voluntary quit of
				part-time employment, yet is otherwise monetarily eligible for benefits based on
				wages paid by the regular or other base period employers, shall not be
				disqualified for voluntarily quitting the part-time employment. The individual
				and the part-time employer which was voluntarily quit shall be notified on Form
				65-5323, Unemployment Insurance Decision, that benefit payments shall not be made
				which are based on the wages paid by the part-time employer and benefit charges
				shall not be assessed against the part-time employer's account; however, once the
				individual has met the requalification requirements following the voluntary quit
				without good cause of the part-time employer, the wages paid in the part-time
				employment shall be available for benefit payment purposes. For benefit charging
				purposes and as determined by the applicable requalification requirements, the
				wages paid by the part-time employer shall be transferred to the balancing
				account. This rule is intended to implement Iowa Code section
				96.5(1)
"g."
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.28 - Voluntary Quit Requalifications and Previously Adjudicated Voluntary Quit Issues

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The claimant
			 shall be eligible for benefits even though having voluntarily left employment, if
			 subsequent to leaving such employment, the claimant worked in (except in back pay
			 awards) and was paid wages for insured work equal to ten times the claimant's
			 weekly benefit amount.
(2) The
			 claimant shall be eligible for benefits even though having been previously
			 disqualified from benefits due to voluntary quit, if subsequent to the
			 disqualification, the claimant worked in (except in back pay awards) and was paid
			 wages for insured work equal to ten times the claimant's weekly benefit
			 amount.
(3) Reserved.
(4) Reserved.
(5) The claimant shall be eligible for benefits
			 even though the claimant voluntarily quit if the claimant left for the sole
			 purpose of accepting an offer of other or better employment, which the claimant
			 did accept, and from which the claimant is separated, before or after having
			 started the new employment. The employment does not have to be covered employment
			 and does not include self-employment.
(6) The claimant voluntarily left employment.
			 However, there shall be no disqualification under Iowa Code section
			 96.5(1)  if a
			 decision on this same separation has been made on a prior claim by a
			 representative of the department and such decision has become final.
(7) The claimant voluntarily left employment.
			 However, there shall be no disqualification under Iowa Code section
			 96.5(1)  if a
			 decision on this same separation has been made on a prior claim by the
			 administrative law judge and such decision has become final.
(8) The claimant voluntarily left employment.
			 However, there shall be no disqualification under Iowa Code section
			 96.5(1)  if a
			 decision on this same separation has been made on a prior claim by the employment
			 appeal board and such decision has become final.
This rule is intended to implement Iowa Code section 96.5(1)
"a."
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.29 - Business Closing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Whenever an
			 employer at a factory, establishment, or other premises goes out of business at
			 which the individual was last employed and is laid off, the individual's
			 account is credited with one-half, instead of one-third, of the wages for
			 insured work paid to the individual during the individual's base period, which
			 may increase the maximum benefit amount up to 26 times the weekly benefit
			 amount or one-half of the total base period wages, whichever is less. This rule
			 also applies retroactively for monetary redetermination purposes during the
			 current benefit year of the individual who is temporarily laid off with the
			 expectation of returning to work once the temporary or seasonal factors have
			 been eliminated and is prevented from returning to work because of the going
			 out of business of the employer within the same benefit year of the individual.
			 This rule also applies to an individual who works in temporary employment
			 between the layoff from the business closing employer and the claim for
			 benefits. For the purposes of this rule, temporary employment means employment
			 of a duration not to exceed four weeks.
(2) Going out of business means any factory,
			 establishment, or other premises of an employer which closes its door and
			 ceases to function as a business; however, an employer is not considered to
			 have gone out of business at the factory, establishment, or other premises in
			 any case in which the employer sells or otherwise transfers the business to
			 another employer, and the successor employer continues to operate the
			 business.
(3) Verification of going
			 out of business. When the unemployment insurance representative is informed by
			 the individual or has knowledge of an employer going out of business at a
			 factory, establishment, or other premises, the unemployment insurance
			 representative completes a Form 60-0240, Verification of Business Closing, and
			 refers Form 60-0240 to the field audit section for assignment to a field
			 auditor who verifies the business closing. A Form 62-2056, Review of Business
			 Status for Closing Credits, is completed for each succeeding claimant who
			 requests to be included in a redetermination for business closing credits. This
			 form is added to the Form 60-0240 already in the department file for the
			 appropriate pending investigation. Upon return of the Form 60-0240 from the
			 field audit section, an unemployment insurance representative will issue the
			 appropriate decisions to all claimants who requested that their unemployment
			 insurance claim be redetermined as a business closing based on the results of
			 the investigation.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.31 - Subsequent Benefit Year Condition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The claimant must have been paid benefits
			 on a previous claim.
(2) If the
			 claimant has the qualifying wages for the establishment of a second benefit year
			 as specified in Iowa Code section
			 96.4(4)  which
			 were earned prior to the filing of the previous claim, the claimant must, during
			 or subsequent to that year, have worked in (except in back pay awards) and have
			 been paid wages for insured work totaling at least eight times the claimant's
			 weekly benefit amount from the claimant's previous benefit year as of the end of
			 the benefit year end date. Vacation pay, severance pay and bonuses are not
			 considered as wages for second benefit year requalification purposes.
(3) Insured work means insured work in any
			 state.
(4) Employment for a railroad
			 under the Railroad Unemployment Insurance Act is insured work.
(5) The amount equal to eight times the
			 claimant's weekly benefit amount from the claimant's previous benefit year in
			 insured work need not be in addition to the qualifying wages for the
			 establishment of a second benefit year.
(6) Disqualification for lack of eight times
			 the claimant's weekly benefit amount from the claimant's previous benefit year in
			 insured work shall be removed upon the verification that the claimant worked in
			 and has been paid wages for insured work totaling eight times the claimant's
			 weekly benefit amount from the claimant's previous benefit year during or
			 subsequent to the previous benefit year.
This rule is intended to implement Iowa Code section
				96.4(4).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.34 - Labor Dispute-policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Reserved.
(2) Union membership in and
			 of itself is not the determinative factor in whether an individual is
			 participating in, financing or directly interested in the labor
			 dispute.
(3) The relationship between
			 employer and employee continues during the period of the labor dispute unless
			 severed by the employer or employee.
a. If the
			 relationship is severed by the employer, Iowa Code section
			 96.5(2) 
			 concerning discharge for misconduct shall govern.
b. If the relationship is severed by the
			 employee, Iowa Code section
			 96.5(1) 
			 concerning voluntary leaving shall govern.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.35 - Date of Submission and Extension of Time for Payments and Notices

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
			 otherwise provided by statute or by division rule, any payment, appeal,
			 application, request, notice, objection, petition, report or other information or
			 document submitted to the division shall be considered received by and filed with
			 the division:
a. If transmitted via the United
			 States Postal Service on the date it is mailed as shown by the postmark, or in
			 the absence of a postmark the postage meter mark of the envelope in which it is
			 received; or if not postmarked or postage meter marked or if the mark is
			 illegible, on the date entered on the document as the date of
			 completion.
b. If transmitted via the
			 State Identification Data Exchange System (SIDES), maintained by the United
			 States Department of Labor, on the date it was submitted to SIDES.
c. If transmitted by any means other than those
			 outlined in paragraphs 24.35(1)
"a"
and
"b,"
on
			 the date it is received by the division.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.36 - Interstate Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 interstate claimant is an individual who claims benefits under the unemployment
			 insurance law of one or more liable states. Interstate benefits are payable under
			 the plan approved by the national association of state workforce agencies to
			 unemployed individuals absent from the state(s) in which wage credits were
			 earned.
(2) The division shall
			 determine unemployment benefit claims for interstate claimants in accordance with
			 applicable state law and rules and shall be in substantial compliance with those
			 rules promulgated by the United States Department of Labor as published in the
			 Code of Federal Regulations, Chapter 20, Parts 609, 615, 616, 617, and
			 650.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.38 - Combined Wage Claim

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose of plan.
The combined wage program is to enable an
			 unemployed worker with covered employment or wages in more than one state to
			 combine all such employment and wages in one state in order to qualify for
			 benefits or to receive increased benefits.
a.
			 Each state will cooperate with every other state by implementing these uniform
			 combined wage procedures, rules and regulations. This includes the District of
			 Columbia, U.S. Virgin Islands and the Commonwealth of Puerto Rico.
b. The benefit year, base period, qualifying
			 wages, benefit rate, and duration of benefits under the unemployment compensation
			 law of the paying state shall be the benefit year, base period, qualifying wages,
			 benefit rate, and duration of benefits applicable to a combined wage
			 claimant.
c. The rights of the
			 individual under the combined wage claim plan shall be determined by the paying
			 state after the combining of all wages available from the transferring states;
			 however, in the case in which another state transfers wages to Iowa and Iowa is
			 the paying state, Iowa cannot again adjudicate a separation that has been
			 previously adjudicated by the transferring state. The department shall respect
			 the prior adjudication of the transferring state if the department is aware of
			 the decision and will apply the Iowa requalification criteria, unless the
			 individual has requalified pursuant to the liable state's requalification
			 criteria.
d. All other provisions of
			 the unemployment compensation laws and rules of the state agency of the paying
			 state shall be applied to the combined wage claim.
e. The state in which the claim is filed will
			 be the paying state except in those cases in which the individual does not
			 qualify after the transfer has been completed or if the claimant meets the
			 definition of a commuter.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.39 - Department-approved Training

Current through Register Vol. 47, No. 3, July 24, 2024
The intent of department-approved training is to allow for
				claimants to return to the labor market after attending vocational training
				while being paid unemployment insurance benefits. Vocational training is
				nonacademic, skill-oriented training that provides the student with job tools
				and skills that can be used in the workplace. Vocational training includes
				technical, skill-based, or job readiness training intended for pursuing a
				career. Upon approval from the department, the claimant shall be exempt from
				the work search requirement for continued eligibility for benefits. In order to
				be eligible for department-approved training programs and to maintain
				continuing participation therein, the individual shall meet the following
				requirements:
(1) The claimant must
			 make application to the department setting out the following:
a. The educational establishment at which the
			 claimant would receive training.
b.
			 The estimated time required for such training.
c. The date the training will be complete or
			 the degree will be obtained.
d. The
			 occupation which the training is allowing the claimant to maintain or
			 pursue.
e. The training plan,
			 indicating the requirements which must be met in order to complete the
			 certification or degree.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.40 - Training Extension Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The purpose
			 of training extension benefits is to provide the individual with continued
			 eligibility for benefits so that the individual may pursue a training program
			 for entry into a high-demand or high-technology occupation. Training extension
			 benefits are available to an individual who was laid off or voluntarily quit
			 with good cause attributable to the individual's employer from full-time
			 employment in a declining occupation or is involuntarily separated from
			 full-time employment as a result of a permanent reduction of
			 operations.
(2) The weekly benefit
			 amount shall be pursuant to the same terms and conditions as regular
			 unemployment benefits and the benefits shall be for a maximum of 26 times the
			 weekly benefit amount of the claim which resulted in eligibility. Both
			 contributory and reimbursable employers shall be relieved of charges for
			 training extension benefits.
(3)
			 The course or courses must be full-time enrollment for a high-demand or
			 high-technology occupation. The department will make available to serve as a
			 guide a list of high-demand, high-technology, and declining occupations. The
			 lists shall be available on the department's website and at workforce centers.
a. High-technology occupations include life
			 sciences, advanced manufacturing, biotechnology, alternative fuels, insurance,
			 environmental technology, and technologically advanced green jobs. A
			 high-technology occupation is one which requires a high degree of training in
			 the sciences, engineering, or other advanced learning area and has work
			 opportunities available in the labor market area or the state of
			 Iowa.
b. A high-demand occupation
			 means an occupation in a labor market area or the state of Iowa as a whole in
			 which the department determines that work opportunities are
			 available.
c. A declining
			 occupation has a lack of sufficient current demand in the individual's labor
			 market area or the state of Iowa for the occupational skills possessed by the
			 individual, and the lack of employment opportunities is expected to continue
			 for an extended period of time.
d.
			 A declining occupation includes an occupation for which there is a seasonal
			 variation in demand in the labor market or the state of Iowa, and the
			 individual has no other skill for which there is a current demand.
e. A declining or high-demand occupation will
			 be determined by using Iowa labor market information for each region in the
			 state.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.41 - Unemployed Parents Program (FIP/UP)

Current through Register Vol. 47, No. 3, July 24, 2024
Under Public Law 94-566, an unemployed parent who is eligible for
				both unemployment insurance and family investment program/unemployed parent
				(FIP/UP) shall be required to collect any unemployment insurance to which the
				individual is entitled before receiving any payments under the FIP/UP
				program.
This rule is intended to implement Iowa Code chapter 91 and
				Public Law 94-566.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.42 - Retention of Dhs Referral Form

Current through Register Vol. 47, No. 3, July 24, 2024
When an unemployed parent presents the DHS referral Form
				PA-2138-5 to the workforce development center representative, the representative
				will take the form, sign it and complete an application for job placement
				assistance and/or employment insurance benefits.
(1) The weekly benefit amount and maximum
			 benefit amount of the claimant will be entered in job service comments on Form
			 PA-2138-5. If the person is not monetarily eligible, that notation will be
			 entered and the form mailed to human services.
(2) A FIP/UP claimant may have the claim
			 protested which can affect eligibility. Human services may request additional
			 information on a subsequent Form PA-2138-5 concerning nonmonetary allowances or
			 disqualifications on the claim, which will be furnished in the comments section
			 of the form.
This rule is intended to implement Iowa Code chapter 91 and
				Public Law 94-566.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.45 - Trade Act of 1974

Current through Register Vol. 47, No. 3, July 24, 2024
Unemployment benefits payable to claimants under the Trade Act of
				1974 ( P.L. 93-618), shall be determined in accordance with the rules of the
				United States department of labor as published in the Code of Federal
				Regulations, chapter 29, parts 70 and 91. The Trade Act of 1974 is designed to
				pay unemployment benefits to workers who become unemployed due to foreign
				production of goods replacing domestic production.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.46 - Extended Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
Extended benefits are benefits paid to an eligible
			 individual during periods of high unemployment in a state under the
			 Federal-State Extended Unemployment Compensation Act of 1970 and the Extended
			 Benefit Program Regulations under 20 Code of Federal Regulations Part 615. The
			 purpose of extended benefits is to extend the period of time for which an
			 individual may receive benefits to allow the individual additional time to
			 locate employment in recognition of the likelihood that employment is more
			 difficult to find during periods of high unemployment in a state. The cost of
			 extended benefits is shared between the federal and state
			 governments.
(2)
Determination of when extended benefits are paid.
a.
When paid.
The state "on"
			 indicator determines when extended benefits are paid in this state. A state
			 "on" indicator is in effect during a week for which the rate of insured
			 unemployment is 5 percent or greater and 120 percent or greater than the
			 average of the rates of insured unemployment for the same week in the two
			 immediately preceding calendar years.
b.
When not paid.
The state
			 "off" indicator determines when extended benefits are not paid in this state. A
			 state "off" indicator is in effect during a week for which the rate of insured
			 unemployment is less than 5 percent or less than 120 percent of the average of
			 the rates of insured unemployment for the same week in the two immediately
			 preceding calendar years.
c.
Period of payment.
The extended benefit period is the period
			 of time when extended benefits are paid in this state. An extended benefit
			 period begins with the third week following a week for which there is a state
			 "on" indicator in effect. An extended benefit period ends either with the
			 completion of the thirteenth consecutive week beginning with the third week
			 following a state "on" indicator, or later, with the completion of the third
			 week following the first week for which there is a state "off" indicator.
			 However, another extended benefit period shall not begin until the fourteenth
			 week following the end of a previous extended benefit period.
d.
Rate of insured
			 unemployment.
For the purposes of this subrule, the rate of insured
			 unemployment means the percentage derived by dividing the average weekly number
			 of individuals filing claims for regular benefits (excluding state plant
			 closing benefits and benefits paid to federal civilian employees and ex-service
			 members under 5 U.S.C. Chapter 85) in this state for weeks of unemployment with
			 respect to the most recently completed 13-consecutive-week period by the
			 average monthly insured employment for the first four of the six most recently
			 completed calendar quarters immediately preceding the end of the 13-week
			 period.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.47 - Disaster Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
Benefits under the Disaster Relief Act of 1974. Unemployment
				benefits payable under Public Law 93-288, the Disaster Relief Act of 1974, will
				be determined in accordance with the rules of the United States Department of
				Labor and published in the Code of Federal Regulations, Chapter 20, Parts 625 and
				650, and Chapter 32, Part 1710.16. These benefits are payable to claimants who
				are unemployed due to natural disasters. A claimant who is eligible for regular
				unemployment benefits shall not be eligible for disaster unemployment
				assistance.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.48 - Ucfe Claims

Current through Register Vol. 47, No. 3, July 24, 2024
Benefits under the Federal Employer's Compensation Act.
				Unemployment benefits for civilian federal employees shall be determined in
				accordance with the applicable state law and rules as well as the rules of the
				United States Department of Labor and published in the Code of Federal
				Regulations, Chapter 20, Parts 609, 615, 616, 617, and 650. These benefits are
				payable under the Federal Employer's Compensation Act,
				5 U.S.C.
				8101 -
				8150,
				8191 -
				8193, and are based on wages earned
				by civilians in covered federal employment.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.49 - Ucx Claims

Current through Register Vol. 47, No. 3, July 24, 2024
Benefits under the Ex-servicemember's Unemployment Compensation
				Act.
(1)
Applicable
			 law.
Unemployment benefits for ex-military personnel shall, in addition
			 to being determined in accordance with applicable Iowa law and rules, be
			 determined in substantial compliance with the rules and guidelines of the United
			 States Department of Labor and published in the Code of Federal Regulations,
			 Chapter 20, Parts 614 and 650.
(2)
When payable.
These benefits are payable under the
			 Ex-servicemember's Unemployment Compensation Act of 1958, 5 U.S.C. 8850. They
			 allow unemployment compensation to be based on wages earned while on active
			 military duty.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.50 - Temporary Extended Unemployment Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) to (5) Rescinded IAB 8/6/03, effective
			 9/10/03.
(6) Overpayments will be
			 offset up to and including 100 percent of the federal temporary extended
			 unemployment compensation benefit payment.
(7) Waiver of overpayments.
a. Individuals who have received amounts of
			 temporary extended unemployment compensation to which they were not entitled
			 shall be required to repay the amounts of such temporary extended unemployment
			 compensation except that the state repayment may be waived if the workforce
			 development department determines that:
(1) The
			 payment of such temporary extended unemployment compensation was without fault on
			 the part of the individual; and
(2)
			 Such repayment would be contrary to equity and good
			 conscience.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.52 - Determining Eligibility of School Claims After Employer Protest

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Claim filed. When
			 a claim has been filed by an employee of an educational institution, the
			 department shall send a Form 65-5317, Notice of Claim, to the educational
			 institution and such educational institution wishing to protest such a claim
			 shall return such notice to the department and shall include on it a statement as
			 to whether or not the individual who filed a claim had been given reasonable
			 assurance for the ensuing academic year or term. The statement should include the
			 date and method of such notification. A copy of the notification may be attached
			 to Form 65-5317, Notice of Claim.
(2)
			 If the statement from the school indicates that there is no reasonable assurance
			 of the employee returning to work for the ensuing academic year or term, the
			 claim will be allowed, subject to meeting all other eligibility requirements.
			 However, if an educational institution submits a statement or the claimant
			 furnishes information concerning a reasonable assurance of school employment, the
			 employee is subject to a denial of benefits. If the fact-finding should result in
			 a disqualification, the effective starting date of the disqualification shall be
			 determined as follows:
a. No earlier than the
			 effective starting date of the claim as it would serve no useful purpose. If the
			 job offer was prior to the beginning date of the claim and the claimant refuses
			 the offer, the issue shall still be adjudicated since the issue is determined as
			 a voluntary quit rather than a job refusal pursuant to subrules 24.25(37) and
			 24.26(19).
b. The Sunday of the week
			 in which the job was offered under any of the following conditions:
(1) The employer protest was made within
			 ten-day protest period.
(2) The
			 department was notified within ten days of the date of the offer.
(3) The claimant was in a reporting status on a
			 claim for unemployment insurance at the time the offer was made and the claimant
			 failed to notify the department of the offer.
c. The Sunday of the week in which the claimant
			 or employer notified this department of the offer unless the offer was prior to
			 the week that the department was notified of the offer and the claimant was in
			 reporting status on a claim for unemployment insurance at that time. In this
			 situation, the effective starting date of disqualification shall be the Sunday of
			 the week in which the job offer was made.
d. The Sunday of the week in which the employer
			 notified the department of the offer to the claimant. A refusal to accept the
			 offer of employment shall be adjudicated under the voluntary quit section of the
			 law pursuant to subrules 24.25(37), 24.26(19) and 24.52(11).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.53 - Noncovered School-related Employment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to rule
			 871-23.20 (96), wages earned by a
			 student who performs services in the employ of a school at which the student is
			 enrolled and is regularly attending classes (either on a full-time or part-time
			 basis) cannot be used as wage credits for claim or benefit purposes. However,
			 wages earned by an individual who is a full-time employee for a school whose
			 academic pursuit is incidental to the full-time employment may be used for claim
			 and benefit purposes.
(2) Pursuant to
			 rule 871-23.20 (96), wages earned by
			 the spouse of such a student in employment with the educational institution
			 attended by the student cannot be used for benefit purposes if the
			 employee-spouse is told prior to commencing the employment that the work is part
			 of a program to provide financial assistance to the student and is not covered by
			 unemployment insurance.
(3) Pursuant
			 to rule 871-23.21 (96), wages earned by a
			 student who is enrolled at a nonprofit or public educational institution under a
			 program taken for credit at such institution that combines academic instruction
			 with work experience are normally excluded from the definition of employment.
			 Provided, however, that work performed by such individual in excess of the hours
			 called for in the contract between the school and the employer or performed in a
			 period of time during which the institution is on a regularly scheduled vacation
			 and for which such student receives no academic credit shall be considered as
			 insured employment.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.54 - Church School Coverage

Current through Register Vol. 47, No. 3, July 24, 2024
Schools affiliated with a church are exempt from coverage but may
				volunteer coverage by request to the department of workforce development. Schools
				not affiliated with a church are covered employers with covered employment.
				Church school coverage is defined pursuant to rule
				871-23.27 (96).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.57 - Athletes-disqualifications

Current through Register Vol. 47, No. 3, July 24, 2024
"Athletes" as used in Iowa Code section
				96.5(9), is
				intended to apply to professional athletes. A professional athlete is an
				individual whose occupation is participating in athletic or sporting events for
				wages. A semiprofessional athlete is within the scope of Iowa Code section
				96.5(9), if such
				sports services are compensation in covered wages. Auxiliary personnel, such as
				coaches, trainers, etc., are not considered professional athletes and are not
				within the scope of Iowa Code section
				96.5(9).
(1) As used in Iowa Code section
			 96.5(9), "any
			 services, substantially all of which consist of participating in sports or
			 athletic events" means all services performed by an individual in any subject
			 employment during the individual's base year if such individual was engaged in
			 remunerative sports or athletic events for 90 percent or more of the total time
			 spent in subject employment during such base year.
(2) As used in Iowa Code section
			 96.5(9),
			 "participating in sports or athletic events" means any services performed in an
			 athletic activity by an individual as:
a.A
			 regular player or team member.
b. An
			 alternate player or team member.
c.
			 An individual in training to become a regular player or team member.
d. An individual who, although performing no
			 active services, is retained as a player or team member while recuperating from
			 illness or injury.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.60 - Alien

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who is not a citizen or a national of the United
						States. A national is defined as a person who lives in mandates or trust
						territories administered by the United States and owes permanent allegiance to
						the United States. An alien is a person owing allegiance to another country or
						government.
(1) Section 3304(a)(14) of
					the Federal Unemployment Tax Act requires that the state law deny benefits
					which are based on services performed by an alien who has not been legally
					admitted to the country as a permanent resident. This provision does not deny
					benefits on the basis of services performed by noncitizens. It applies to
					services performed by individuals who do not have legal status of permanent
					residence in this country.
(2) It is
					required that information designed to identify illegal nonresident aliens shall
					be requested of all claimants for benefits. This shall be accomplished by
					asking each claimant at the time the individual establishes a benefit year
					whether or not the individual is a citizen.
a.
					If the response is "yes," no further proof is necessary and the claimant's
					records are to be marked accordingly.
b. If the answer is "no," the claimant shall
					be requested to present documentary proof of legal residency. Any individual
					who does not show proof of legal residency at the time it is requested shall be
					disqualified from receiving benefits until such time as the required proof of
					the individual's status is brought to the local office. The principal documents
					showing legal entry for permanent residency are the Form 1-94, Arrival and
					Departure Record, and the Forms 1-151 and 1-551, Alien Registration Receipt
					Card. These forms are issued by the U.S. Citizenship and Immigration Services
					and should be accepted unless the proof is clearly faulty or there are reasons
					to doubt their authenticity. An individual will be required to provide the
					individual's alien registration number at the time of claim filing.
c. Any or all documents presented to the
					department by an alien shall be subject to verification with the U.S.
					Citizenship and Immigration Services. The citizenship question shall be
					included on the initial claim form so that the response will be subject to the
					provisions of rule 871-25.10 (96), prosecution on overpayments.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.2 - Policy of the Investigation and Recovery Unit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
					The policy of the investigation and recovery unit is to take aggressive action
					to prevent, detect, and deter benefits paid through error by the agency or
					through willful misrepresentation or error by the claimant or others and
					investigate and penalize fraudulent actions on the part of claimants and
					employing units.
(2) It shall be
					the policy of the investigation and recovery unit to maximize the recoupment of
					overpayments from those claimants who have received benefits to which they were
					not entitled. It shall also be the policy of the unit to seek prosecution of
					persons whom the unit believes have committed serious violations of the
					employment security law of Iowa.
This rule is intended to implement Iowa Code sections 96.11(1),
						96.16, and 96.17(2).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.3 - Functions of the Investigation and Recovery Unit

Current through Register Vol. 47, No. 3, July 24, 2024
The function of the investigation and recovery unit is
						to:
(1) Investigate and make
					determinations on issues within the scope of the investigation and recovery
					unit which are referred by the general public, employing units, agency
					personnel, other agencies, and anonymous sources. The unit shall examine
					allegations of the following type:
a. Failure
					to report earnings while receiving unemployment insurance benefits.
b. Collusion between claimant and employer or
					between two or more claimants, in the fraudulent obtaining of
					benefits.
c. The use of multiple
					identities and social security numbers to obtain unemployment insurance
					benefits.
d. Forgery and fraudulent
					certification for unemployment insurance benefits by one person impersonating
					another.
e. Corporations,
					partnerships, individual proprietorships, and other employing units which
					fraudulently evade unemployment insurance coverage and tax assessment.
					Determine status of claimants employed by these entities.
f. Claims involving contrived or fictitious
					employment, (i.e., family relationships).
g. Cases of possible concurrency in claiming
					workers' compensation, railroad retirement, or social security while receiving
					benefits. Also concurrency of claiming benefits outside of Iowa while receiving
					unemployment insurance benefits. Possible welfare concurrency will be referred
					to the appropriate agency.
h.
					Issues of availability, capability, voluntary leaving of employment, refusal of
					employment, misconduct, intervening employment, and industrial controversy
					where the facts are complex and field work is necessary to establish proper
					findings.
i. Validity of alien
					registration numbers through a cross-check with U.S. Citizenship and
					Immigration Services. If an alien has falsely claimed to be a U. S. citizen or
					used a false alien registration card in order to receive benefits, prosecution
					cases will be prepared when appropriate. Refer to rule 871-24.60 (96) for the
					definition of alien.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.4 - Allegation of Claimant Fraud

Current through Register Vol. 47, No. 3, July 24, 2024
The procedure to be followed where an allegation of claimant
						fraud has been made is:
(1) Upon
					receipt of an allegation of claimant fraud, if the alleging party supplies
					sufficient information to proceed with an investigation, the alleging party
					shall be advised that the investigation and recovery unit will make a full
					investigation of the allegation. The alleging party will be advised of the
					unit's findings, if such investigation could affect the employer account of the
					alleging party or affect a claim for benefits of the alleging party.
(2) The allegations will be promptly
					forwarded to the investigation and recovery unit for investigation.
(3) If the findings revealed through the
					investigation by the investigation and recovery unit indicate that a
					disqualification would have resulted for the period benefits were paid, an
					informal fact-finding interview shall be scheduled to allow the party making
					the allegation and the claimant an opportunity to give testimony. The
					investigation and recovery unit will determine if separate fact-finding
					interviews are necessary for the claimant and party making the allegations and
					any other party with pertinent information.
(4) If the claimant or any other party with
					pertinent information wishes to invoke the fifth amendment right to remain
					silent, the investigator can require the claimant or any other party with
					pertinent information to answer all questions or produce any pertinent
					documents. However, the claimant or any other party with pertinent information
					cannot be prosecuted on the basis of any transaction, matter, or thing
					concerning which the claimant or any other party with pertinent information is
					compelled, after having claimed the privilege against self-incrimination, to
					testify or produce evidence.
(5) In
					the event a local office receives an allegation by anonymous communication, the
					office will forward such information to the investigation and recovery unit.
This rule is intended to implement Iowa Code sections 96.16 and
						96.11(10).