Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 6 - Veterans' Unemployment Compensation Program › Section 8 CSR 10-6.010 - Veterans' Unemployment Compensation Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the standards and
				  procedures for the provision of state-funded unemployment compensation to war
				  on terror veterans. This rule implements section
				  288.042,
				  RSMo.
(1) Program Title. The
				provisions of section
				288.042,
				RSMo providing state-funded unemployment compensation benefits to war on terror
				veterans shall hereinafter be referred to as the "Missouri Veterans'
				Unemployment Compensation Program."
(2) Funding. Subject to appropriation and the
				availability of funds, all expenditures for the Missouri Veterans' Unemployment
				Compensation Program, including expenditures for administrative expenses,
				veterans' unemployment compensation benefits, and refunds of erroneous fines,
				shall be paid from state funds deposited in the "War on Terror Unemployment
				Compensation Fund."
(3)
				Definitions. As used in this rule, except as otherwise required for the
				context, the following terms shall have the meanings ascribed:
(A) "Applicant" means an individual who files
				with the division an application for determination of entitlement to veterans'
				unemployment compensation;
(B)
				"Deputy" means a representative of the division designated to make
				investigations, administrative determinations, and assessments concerning
				applications for veterans' unemployment compensation and employer
				administrative penalties;
(C)
				"Division" means the Missouri Division of Employment Security;
(D) "Director" means the director of the
				Missouri Division of Employment Security;
(E) "Employed" means engaged to perform
				services for wages under any contract of hire whether written, oral, express,
				or implied. In determining whether an employer-employee relationship existed,
				the division shall apply the common law right of control test. In applying such
				test, the division shall consider Missouri and federal case law, United States
				Treasury regulations, and Internal Revenue Service revenue rulings;
(F) "Employer" means any individual,
				partnership, corporation, or other legal entity which has or had in its employ
				one or more individuals performing services for wages or under any contract of
				hire whether written, oral, express, or implied;
(G) "Wages" means all remuneration paid for
				personal services including commissions, bonuses, gratuities, severance pay,
				vacation pay, holiday pay, and the cash value of all remuneration paid in any
				medium other than cash; and
(H)
				"War on terror veteran" is an individual who meets all of the following
				criteria:
1. The individual is a Missouri
				resident who serves or has served in the United States military;
2. The individual is or was a member of the
				National Guard or a member of a United States armed forces reserves unit who
				was officially domiciled in the state of Missouri immediately prior to
				deployment;
3. The individual was
				deployed as part of his or her military unit at any time after September 11 ,
				2001, and such deployment caused the individual to be unable to continue
				working for his or her non-military employer;
4. The individual was employed either
				part-time or full-time before deployment; and
5. A Missouri court or United States district
				court located in Missouri has found that the individual was discharged from or
				laid off from his or her non-military employment during deployment or within
				thirty (30) days after the completion of his or her deployment. Such court
				judgment must be final. For purposes of this rule, the individual shall be
				considered to have been discharged from his or her non-military employment if
				he or she is not offered the same wages, benefits, and similar work schedule
				upon his or her return after deployment.