reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-003

Current through June 17, 2024
As used in this chapter:
A. "State" includes the states of the United
				States of America, the District of Columbia, and the Commonwealth of Puerto
				Rico.
B. "Combined wage claim" is a
				claim filed under this arrangement.
C. "Combined wage claimant" is a claimant who
				has covered employment and wages under the unemployment compensation law of
				more than one state who has filed a claim under this arrangement.
D. "Paying state" is the state which will
				determine the claimant's monetary entitlement under its law using wages and
				employment transferred it by the other states in which the claimant worked
				during its base period and will make payments to the claimant.
E. "Transferring state" is any state in which
				a combined wage claimant had covered employment and wages in the base period of
				a paying state and which transfers such employment and wages to the paying
				state for its use in determining the benefit rights for such claimant under its
				law.
F. "Employment" and "wages".
				"Employment" refers to all services which are covered under the unemployment
				compensation law of a state, whether expressed in terms of weeks of work or
				otherwise. "Wages" refers to all remuneration for such employment.
G. "Base period" and "benefit year" is the
				base period as defined in 219 NAC 1 and benefit year applicable under the law
				of the paying state.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-004

Current through June 17, 2024
A claimant who has had covered employment in more than one
				  state may elect to file a combined wage claim if he or she is eligible to
				  establish a new benefit year. He or she may not so elect, however, if he or she
				  has established a benefit year under any state or federal unemployment
				  compensation law and (1) the benefit year has not ended, and (2) he or she has
				  unused benefit rights based on such benefit year. (Federal or state extended
				  benefits and benefits that have been postponed because of a disqualification
				  that will not end at the close of some specified number of weeks are not
				  considered unused for this purpose.)
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-005

Current through June 17, 2024
A claimant has the right to combine all covered employment
				  in the base period of one state if the combination will provide benefits for
				  which he or she could not otherwise qualify or will increase the benefits for
				  which he or she qualifies in a single state. If such option is exercised, all
				  covered employment in the base period shall be included.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-006

Current through June 17, 2024
A claimant may not select a paying state. The state in which
				  the claimant is filing is always the paying state if he or she has sufficient
				  wages in its base period to be eligible under its benefit formula. If, after
				  combining, he or she is still not eligible in the filing state, the paying
				  state is the state in which the claimant's most recent covered employment
				  occurred, if by combining he or she can qualify.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-007

Current through June 17, 2024
Because of the complexities of combining wages,
				  disadvantages to the claimant may not be apparent until after the monetary
				  determination has been received. Therefore, the claimant has the right to
				  withdraw from a combined wage claim any time before the monetary determination
				  of the paying state becomes final, provided, that he or she either (1) repays
				  in full any benefits paid to him or her, or (2) authorizes the state(s) against
				  which he or she will claim benefits to withhold and forward to the former
				  paying state a sum sufficient to repay such benefits.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-008

Current through June 17, 2024
If there is an overpayment outstanding in a transferring
				  state, such state may request reimbursement from any benefits the paying state
				  would otherwise pay to the claimant on his or her combined wage
				  claim.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 7 - DEDUCTION FOR RETIREMENT PENSION › Section 219-7-002

Current through June 17, 2024
Payments from employee/employer contributory retirement
				  systems of a base period or chargeable employer are deductible in an amount
				  equal to the percent of employer contribution.
A. When evidence is presented documenting
				employee/employer contributions, the weekly deductible pension shall be that
				amount which represents only the employer's percentage of the total weekly
				pension amount.
B. In the absence
				of evidence of employer/employee contributions, all employee/employer
				contributory retirement systems of a base period or chargeable employer shall
				be deemed to be fifty percent employee financed.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 7 - DEDUCTION FOR RETIREMENT PENSION › Section 219-7-004

Current through June 17, 2024
Pension deductions will be made for any week with respect to
				  which a claimant is receiving or has received a pension payment. A lump sum
				  payment shall be prorated and deductions made in an amount reasonably
				  attributed to each week.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 8 - LEAVE OF ABSENCE › Section 219-8-002

Current through June 17, 2024
A. The Department will consider a leave of
				absence to mean an absence from work when:
(i) mutually and voluntarily agreed to by the
				employer and employee;
(ii)
				mutually and voluntarily agreed to between the employer and the employee's
				bargaining agent; or
(iii) to
				which the employee is entitled to as a matter of state or federal
				law.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 8 - LEAVE OF ABSENCE › Section 219-8-004

Current through June 17, 2024
A. A claimant meeting the conditions of a
				leave of absence in 002 who elects not to return to work upon the expiration of
				the leave of absence shall be considered to have voluntarily left the
				employment at the expiration of the leave.
B. A claimant meeting the conditions of leave
				of absence in 002.B who elects not to return to work upon the expiration of the
				leave of absence shall:
(i) be considered to
				have voluntarily left at the time called to active duty if he or she is filing
				a claim for unemployment benefits within the thirty-day return to work period,
				or
(ii) be considered to have
				voluntarily left on the end date of the thirty-day period following release
				from active duty if he or she is filing a claim for unemployment benefits after
				the thirty-day period has expired.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 8 - LEAVE OF ABSENCE › Section 219-8-005

Current through June 17, 2024
A claimant who finds that his or her employer will not allow
				  a return to the agreed upon employment at the end of the leave of absence shall
				  be considered to have been discharged at the expiration of the
				  leave.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 8 - LEAVE OF ABSENCE › Section 219-8-006

Current through June 17, 2024
A claimant who leaves work for a definite period of time but
				  does not seek and receive a reasonable assurance from the employer that the
				  agreed upon employment will be available when that period of time expires shall
				  be considered to have severed and voluntarily left the employment at the time
				  of leaving work.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 8 - LEAVE OF ABSENCE › Section 219-8-008

Current through June 17, 2024
It shall be presumed that an indefinite or temporary
				  disciplinary suspension by the employer is not a mutually and voluntarily
				  agreed to absence from work. For the purpose of determining eligibility for
				  unemployment benefits, such a claimant is presumed to have been discharged by
				  the employer at the time of the suspension.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 8 - LEAVE OF ABSENCE › Section 219-8-009

Current through June 17, 2024
If there is a finding that the employee is on a leave of
				  absence, no charging determination shall be made as to an employee's employment
				  with the employer from which he or she is on a leave of absence until such time
				  as an actual separation from such employment occurs. The subsequent
				  chargeablity determination shall be applied to any current or future claim for
				  benefits where the base period includes the period of employment during which
				  the leave of absence occurred.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 9 - LOST OR FORGED BENEFIT CHECKS › Section 219-9-002

Current through June 17, 2024
When a claimant alleges an unemployment insurance benefit
				  check (1) has not been received or has been lost and (2) was not endorsed by
				  claimant, a substitute check may be issued, provided:
A. It has been thirty days since the date of
				issuance or remailing and the check has not been presented for
				payment;
B. The claimant files an
				affidavit on a form prescribed by the Commissioner stating that the check has
				not been received or that it has been lost and was not endorsed by the
				claimant; or person authorized by the claimant.
C. The affidavit has been completed and
				returned by the claimant within ninety days from the date it was delivered or
				mailed to the claimant.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 9 - LOST OR FORGED BENEFIT CHECKS › Section 219-9-003

Current through June 17, 2024
When a benefit check has been endorsed by and paid to
				  someone other than the payee or someone authorized by the payee, the payee
				  whose endorsement has been forged shall provide an affidavit on such form
				  prescribed by the Commissioner. Upon receipt of the affidavit, the Department
				  will submit the check and the affidavit to the bank upon which payment for the
				  check was received. Upon receipt of a refund or credit from that bank, the
				  Department will issue a duplicate check to the payee.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-001

Current through June 17, 2024
This chapter is adopted pursuant to
Neb. Rev. Stat.
§§
									48-607
				  and
				  48-665.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-002

Current through June 17, 2024
As used in this chapter:
A. "Recoupment and/or recovery" refers to the
				application of current or future benefits to a benefit overpayment in order to
				reduce or clear the amount owed by the claimant.
B. "Application to Delay Overpayment
				Recovery" refers only to the form to be completed by the claimant requesting
				that application of current or future benefits to a benefit overpayment not be
				made.
C. "Hearing' refers to a
				predetermination fact-finding process conducted by an authorized unemployment
				insurance adjudicator without:
(1)
				administration of oaths, or
(2)
				application of rules of evidence.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-003

Current through June 17, 2024
Whenever a determination or redetermination by the Department
				  results in a benefit overpayment to a claimant, the notice of determination or
				  redetermination shall include the following information:
A. That the determination or redetermination
				resulted in an overpayment to the claimant and the amount of that
				overpayment;
B. That the claimant's
				current or future benefits will be applied to the overpayment unless, within
				ten days from the date the notice of determination or redetermination was
				mailed, the claimant contacts the nearest Nebraska Workforce Development Center
				or the Benefit Payment Control Unit by telephone, in person, or in writing to
				request delay in recovery of the overpayment from current or future
				benefits;
C. That recoupment may be
				delayed if
(1) the claimant was without fault
				in the cause of the overpayment, and
(2) it would defeat the purpose of the
				Employment Security Law or would be against equity and good
				conscience;
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-004

Current through June 17, 2024
A request for delay in recovery of an overpayment may be made
				  by telephone, in writing, or by personal appearance. Upon such request, that
				  claimant will be provided with the appropriate application form prescribed by
				  the Commissioner. A claimant requesting assistance from the Department in
				  completing his or her form will be provided such assistance. In addition to the
				  application form, the Department will also provide the claimant with an
				  informational sheet which shall provide the following information:
A. All information as outlined in paragraphs
				003(C), (D), and (E) of this chapter;
B. The statutory standards for delaying
				recovery and a brief explanation of the Department's general interpretation of
				those standards;
C. That the
				Department will begin applying claimant's current or future benefits to the
				overpayment unless the completed application form has been returned to the
				Department within seven days from the issuance date of the application form to
				the claimant;
D. That if the
				claimant desires to present any information orally, he or she may present such
				information at a hearing before an authorized Unemployment Insurance
				adjudicator or, in the alternative, by telephone if a personal hearing is not
				feasible for the claimant due to distance, disability of the claimant, or other
				good cause. This hearing may be held at a time when the claimant returns the
				application form or, if requested by the claimant, held at a scheduled time
				which allows the claimant a reasonable opportunity to prepare for the
				hearing;
E. That the claimant may
				be represented by counsel and have the right to question any adverse witness
				present at the hearing;
F. That a
				written determination will be issued setting forth the reasons and evidence
				supporting the determination. Any adverse determination may be appealed to the
				Nebraska Appeal Tribunal.
G. That
				the filing of the application form for delay of recovery is a separate issue
				from the filing of an appeal of a determination of overpayment and that an
				appeal of the overpayment determination must be filed separately; and
H. That, pursuant to statute, the Department
				will not charge interest on the unpaid balance of the overpayment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-005

Current through June 17, 2024
If the request for delay in recovery of an overpayment, as
				  set forth in paragraph 004 of this chapter, is not made by the claimant within
				  the required time period, the Department may begin withholding current or
				  future benefits for application to the overpayment. The Department will accept
				  such requests filed after the ten-day filing time has passed; however, if
				  recoupment of the overpayment has already begun, recoupment will continue until
				  such time as a determination which allows non-recoupment is issued. Such
				  recoupments applied prior to the determination which allows non-recoupment will
				  be retained by the Department as applied to the overpayment.
If the completed application to delay overpayment recovery is
				  not submitted within the seven-day time limit, as set forth in 004(C) of this
				  chapter, the Department may begin withholding current or future benefits for
				  application to the overpayment. The Department will accept and determine
				  applications filed after the seven-day filing time has passed. Once a fully
				  completed form, Application to Delay Overpayment Recovery, is received by the
				  Department, no further recoupments will be taken until such time as a
				  determination adverse to the claimant is mailed. If the request to delay
				  overpayment recovery is allowed, it will become effective the date of the
				  determination and any recoupments applied to the overpayment prior to that date
				  will be left as applied to the overpayment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-006

Current through June 17, 2024
A claimant desiring to present any information orally will be
				  permitted to do so. If possible, the authorized Unemployment Insurance
				  adjudicator conducting the hearing shall be a person who has not had
				  substantial contact with the particular case, but, in any event, the authorized
				  Unemployment Insurance adjudicator shall perform in an impartial manner. A
				  written determination will be made by the authorized Unemployment Insurance
				  adjudicator before whom the recoupment hearing was held and shall set forth the
				  result and the reasons and evidence supporting the result.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-007

Current through June 17, 2024
In the event of a determination adverse to the claimant, the
				  Department will begin withholding for the overpayment no sooner than the date
				  on which the written determination is duly mailed to the claimant unless the
				  Department had already begun withholding due to an untimely action by the
				  claimant.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 10 - WITHHOLDING CURRENT OR FUTURE BENEFITS FOR RECOUPMENT OF NON-WILLFUL BENEFIT OVERPAYMENTS › Section 219-10-008

Current through June 17, 2024
Any benefits applied to the overpayment as a result of
				  untimely request or late return of completed application by the claimant prior
				  to the mailing of the determination favorable to the claimant, will remain
				  applied to the overpayment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 11 - RECOUPMENT OF WILLFUL OVERPAYMENTS BY WITHHOLDING FUTURE BENEFITS › Section 219-11-002

Current through June 17, 2024
Whenever a determination or redetermination by the
				  Department results in a willful benefit overpayment to a claimant, the notice
				  of determination or redetermination shall include the following
				  information:
A. That the determination
				or redetermination resulted in an overpayment to the claimant and the amount of
				that overpayment;
B. That the
				overpayment was caused by the claimant's willful failure to disclose relevant
				information or falsification as to any material fact or facts;
C. The effective date of the cancellation of
				uncharged wage credits;
D. That
				since the claimant was at fault in the cause of the overpayment, relief from
				withholding of current or future benefits pursuant to Section
				48-665
				of the Nebraska Revised Statutes is denied;
E. That the determination or redetermination
				can be appealed as prescribed in Section
				48-634
				of the Nebraska Revised Statutes.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 12 - RECOVERY OF BENEFIT OVERPAYMENTS FOR ANOTHER STATE › Section 219-12-002

Current through June 17, 2024
As used in this chapter:
A. "State" includes the States of the United
				States of America, the District of Columbia, Puerto Rico, and the Virgin
				Islands.
B. "Offset" means the
				withholding of an amount against benefits which would otherwise be payable for
				a compensable week of unemployment.
C. "Overpayment" means an improper payment of
				benefits, from a State or Federal unemployment compensation fund, that has been
				determined recoverable under the Requesting State's law.
D. "Participating State" means a State which
				has subscribed to the Interstate Reciprocal Overpayment Recovery
				Arrangement.
E. "Paying State"
				means the State under whose law a claim for unemployment benefits has been
				established on the basis of combining wages and employment covered in more than
				one State.
F. "Recovering State"
				means the State that has received a request for assistance from a "Requesting
				State."
G. "Requesting State" means
				the State that has issued a final determination of overpayment and is
				requesting another State to assist it in recovering the outstanding balance
				from the overpaid individual.
H.
				"Transferring State" means a State in which a combined wage claimant had
				covered employment and wages in the base period of a paying State, and which
				transfers such employment and wages to the paying State for its use in
				determining the benefit rights of such claimant under its law.
I. "Liable State" means any State against
				which an individual files, through another State, a claim for
				benefits.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 12 - RECOVERY OF BENEFIT OVERPAYMENTS FOR ANOTHER STATE › Section 219-12-003

Current through June 17, 2024
The requesting State shall:
A. Send the recovering State a written
				request for overpayment recovery assistance which includes:
1. certification that the overpayment is
				legally collectable under the requesting State's law;
2. certification that the determination is
				final;
3. a statement as to whether
				the State is participating in cross-program offset by agreement with the U.S.
				Secretary of Labor; and,
4. a copy
				of the initial overpayment determination and a statement of the outstanding
				balance.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 12 - RECOVERY OF BENEFIT OVERPAYMENTS FOR ANOTHER STATE › Section 219-12-004

Current through June 17, 2024
The recovering State shall:
A. The recovering State shall not redetermine
				the original overpayment determination.
B. Issue an overpayment recovery
				determination to the claimant which includes at a minimum:
1. the statutory authority for the
				offset;
2. the name of the State
				requesting recoupment;
3. the date
				of the original overpayment determination;
4. type of overpayment (fraud or
				nonfraud);
5. program type (UI,
				UCFE, UCX, TRA, etc.);
6. total
				amount to be offset;
7. the amount
				to be offset weekly;
8. the right
				to appeal the determination to recover the overpayment by offset.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 12 - RECOVERY OF BENEFIT OVERPAYMENTS FOR ANOTHER STATE › Section 219-12-005

Current through June 17, 2024
Overpayment recovery involving combined wage claim:
A. The paying State shall:
1. When recovering an outstanding overpayment
				for transferring State on a combined wage claim:
a. Offset any outstanding overpayment in a
				transferring State(s) prior to honoring a request from any other "participating
				State" under this arrangement.
b.
				Credit the deductions against the Statement Of Benefits Paid To Combined Wage
				Claimants, Form IB-6, or forward a check to the transferring State as described
				in
004.E
of this chapter.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 12 - RECOVERY OF BENEFIT OVERPAYMENTS FOR ANOTHER STATE › Section 219-12-007

Current through June 17, 2024
The recovering State shall offset benefits payable under a
				  State unemployment compensation program to recover any benefits overpaid under
				  a Federal unemployment compensation program (as described in the Recovering
				  State's Agreement with the Secretary of Labor) and vice versa, in the same
				  manner as required under subsection
004
and
005
of this chapter, as appropriate, if the recovering
				  State and requesting State have entered into an agreement with the U.S.
				  Secretary of Labor to implement Section 303(g)(2) of the Social Security Act.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 13 - PROCESSING UNCOLLECTIBLE BENEFIT OVERPAYMENTS › Section 219-13-002

Current through June 17, 2024
The Commissioner may, at his or her discretion, charge to a
				  suspense or uncollectible-debt account any benefit overpayment when collection
				  from the claimant is unlikely. Any overpayment charged to this account may be
				  subsequently removed from the account and reactivated if it appears that
				  collection of at least a portion of the overpayment becomes
				  possible.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 14 - VOLUNTARY LEAVE DUE TO HEALTH REASONS › Section 219-14-002

Current through June 17, 2024
Where an individual is endangering his/her health by
				  continued employment in a designated occupational field, he/she may terminate
				  his/her employment with good cause providing there is credible evidence
				  supporting the conclusion that continued employment in this position or any
				  other position would endanger his/her health. Such evidence may include, but is
				  not limited to:
A. Any report, letter,
				or affidavit, from a medical doctor licensed to practice medicine in the United
				States.
B. Any report, letter, or
				affidavit, from an agency or representative of the United States of America,
				State of Nebraska, any sister states, or political subdivisions.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 15 - MONETARY AND NON-MONETARY REDETERMINATIONS › Section 219-15-001

Current through June 17, 2024
Pursuant to
Neb. Rev. Stat.
§
									48-631,
				  and §
									48-607,
				  claim deputy may redetermine a previous monetary or non-monetary determination
				  if (1) there is an error in computation or identity, (2) pertinent wages not
				  previously considered have been newly discovered, or (3) benefits have been
				  allowed or denied or the amount fixed based upon misrepresentations of fact.
				  When deciding if a redetermination should be made, the following definitions
				  shall provide guidelines:
A. "Error in
				computation". Erroneous information based on omission, misconception, or
				mathematical error with a resultant consequence of altering claimant
				eligibility.
B. "Error in
				identity". The identity of a specific individual or employer as claimed or
				asserted which does not meet the condition of being the same as
				described.
C. "Newly discovered
				wages". Wages for an individual relevant to their eligibility which have not
				been previously known or incorrectly reported and documented.
D. "Misrepresentation of fact". An indication
				by words or other conduct by a person(s) to another that, under the
				circumstances, amounts to an assertion by words or other conduct not in
				accordance with the facts, and that if accepted leads the mind of the person
				relying thereon to an understanding other and different from that which
				actually exists. Misrepresentation can occur either ignorantly or
				intentionally:
(1) Ignorance, when it
				produces legal consequences, may be defined as misrepresentation. In other
				words, the party supplying information is not cognizant of true facts;
				and
(2) Intentional
				misrepresentation is a falsehood or untruth made with the design or purpose of
				deceit. Misrepresentation may consist in the concealment of what is true as
				well as in the assertion of what is false. In order to constitute fraud,
				statements must be made with the intent of securing benefits to which they are
				not entitled or preventing payment of eligible benefits.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 16 - INTERCEPT OF INCOME TAX REFUNDS TO SET-OFF DEBTS DUE THE NEBRASKA DEPARTMENT OF LABOR › Section 219-16-001

Current through June 17, 2024
This chapter is adopted pursuant to
Neb. Rev.
				  Stat.
48-607, 48-655, 48-665, 48-665.01, 77-27,119, and 77-27,197
				  to 77-27,209.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 16 - INTERCEPT OF INCOME TAX REFUNDS TO SET-OFF DEBTS DUE THE NEBRASKA DEPARTMENT OF LABOR › Section 219-16-002

Current through June 17, 2024
As used in this chapter:
A. "Debtor" refers to any individual,
				partnership, corporation, or other entity:
1.
				Who received unemployment insurance benefits to which he/she was not entitled,
				or
2. Who owes delinquent
				unemployment insurance contribution taxes, interest, or penalty.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 16 - INTERCEPT OF INCOME TAX REFUNDS TO SET-OFF DEBTS DUE THE NEBRASKA DEPARTMENT OF LABOR › Section 219-16-003

Current through June 17, 2024
Any debt of twenty-five dollars or more, which has been
				  finally determined and the appeal period from said final determination having
				  expired, may be matched for possible set-off against income tax refunds as
				  determined by Revenue.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 16 - INTERCEPT OF INCOME TAX REFUNDS TO SET-OFF DEBTS DUE THE NEBRASKA DEPARTMENT OF LABOR › Section 219-16-004

Current through June 17, 2024
Within twenty days of notification from Revenue of an income
				  tax refund available for set-off, Labor will send a written notification to the
				  taxpayer of intent to set-off the tax refund against the debt due to
				  Labor.
A. The notice will be sent by
				regular mail to the last-known address of the debtor.
B. The notice will set forth the basis for
				the claim against the refund.
C. In
				the case of a joint income tax return, the notice will:
1. Advise that each partner to the marriage
				shall be presumed to have contributed one-half of the earnings upon which the
				refund is based and, therefore, one-half shall be subject to set-off.
2. Advise that this presumption may be
				contested through Labor's appeal process, by Labor, the debtor, or the innocent
				spouse.
3. Advise the name of the
				taxpayer against whom no debt is claimed and that no action is necessary by the
				non-owing spouse to receive payment of the non-interceptable amount.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 16 - INTERCEPT OF INCOME TAX REFUNDS TO SET-OFF DEBTS DUE THE NEBRASKA DEPARTMENT OF LABOR › Section 219-16-005

Current through June 17, 2024
Administrative appeals involving recoupment of unemployment
				  insurance benefit overpayments pursuant to this regulation shall be conducted
				  in accordance with Title 224, Chapter 1 of the Nebraska Department of Labor's
				  regulations.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 16 - INTERCEPT OF INCOME TAX REFUNDS TO SET-OFF DEBTS DUE THE NEBRASKA DEPARTMENT OF LABOR › Section 219-16-006

Current through June 17, 2024
Administrative appeals involving recoupment of unemployment
				  insurance contribution taxes pursuant to this regulation shall be conducted in
				  accordance with Title 223, Chapter 1 of the Nebraska Department of Labor's
				  regulations.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 16 - INTERCEPT OF INCOME TAX REFUNDS TO SET-OFF DEBTS DUE THE NEBRASKA DEPARTMENT OF LABOR › Section 219-16-007

Current through June 17, 2024
Income tax refunds intercepted will be placed in Labor's
				  "Income Tax Set-Off Account" and held by the Department of Administrative
				  Services pending final determination. Upon final determination, monies so held
				  will then be applied to the debtor's account and/or refunded to the debtor as
				  determined. A receipt will be issued to the debtor showing the amount of income
				  tax refund available to Labor for set-off, the amount of certified debt, the
				  amount applied to the debt, balance of the debt after application of the
				  set-off, and any excess amount refunded to the debtor.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 17 - PROFILING › Section 219-17-001

Current through June 17, 2024
The profiling system set forth in sections 001 to 007 of this
				  chapter shall be utilized in determining those workers referred by the
				  Commissioner for reemployment services pursuant to
Neb. Rev. Stat.
§
									48-627(6).
				  The primary purpose of this profiling system is to identify and assist workers
				  who are permanently separated from their employment due to layoff and who are
				  likely to exhaust their unemployment benefits.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 17 - PROFILING › Section 219-17-002

Current through June 17, 2024
All claimants shall be reviewed to determine if they meet the
				  current criteria for receiving reemployment services. The initial review shall
				  occur immediately after a claimant has been paid unemployment benefits for
				  his/her first week of eligibility in a new benefit year. The Commissioner may
				  exclude interstate claimants from the review process.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 17 - PROFILING › Section 219-17-003

Current through June 17, 2024
Claimants for whom the work search requirements have been
				  waived pursuant to 219 NAC 4, section 007 shall be deemed attached employees
				  and shall not be referred for reemployment services.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 17 - PROFILING › Section 219-17-004

Current through June 17, 2024
The following factors may be utilized in the statistical
				  model used to determine those individuals most likely to exhaust their
				  unemployment benefits and benefit from reemployment services:
A. The claimant's most recent separation from
				employment was due to a layoff occurring within three months of his/her first
				week of eligibility in his/her new benefit year;
B. Claimants selected for reemployment
				services shall be claimants who have received their first UI Benefits
				check;
C. The claimant's
				educational training and job tenure in his/her most recent
				employment;
D. Whether the claimant
				was last employed in a declining industry;
E. Whether the claimant's last employment was
				an occupation for which there is a low demand for workers; and
F. Such other factors as the Commissioner may
				deem likely to determine the probability of the dislocated worker exhausting
				his/her unemployment benefits before finding reemployment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 17 - PROFILING › Section 219-17-005

Current through June 17, 2024
Factors that shall not be used in determining which claimants
				  are selected for referral for reemployment services are:
A. The claimant's age;
B. The claimant's race, color, ethnic origin,
				national origin or citizenship;
C.
				The claimant's sex;
D. The
				claimant's disability or disabilities;
E. The claimant's political affiliation;
				and
F. The claimant's
				religion.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 17 - PROFILING › Section 219-17-006

Current through June 17, 2024
The claimants referred for reemployment services shall be
				  referred to an employment services office operated by the Nebraska Department
				  of Labor, or other such entities as the Commissioner of Labor shall deem
				  appropriate. No claimant shall be referred to, or required to participate in,
				  reemployment services for which a fee is charged.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 18 - LEVY FOR UNPAID OVERPAYMENTS › Section 219-18-002 - FAILURE TO RESPOND TO LEVY

Current through June 17, 2024
If a person, partnership, corporation, limited liability
				  company, limited liability partnership or other legal entity fails or refuses
				  to respond to the levy within fifteen (15) days of the date the person,
				  partnership, corporation, limited liability company, limited liability
				  partnership or other legal entity is served with the levy, the Commissioner may
				  commence legal proceedings against the person to collect the full amount of the
				  overpayment owed up to the value of the assets that are under the control of
				  the person upon whom the levy is served at the time of service and
				  thereafter.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 18 - LEVY FOR UNPAID OVERPAYMENTS › Section 219-18-003 - APPEALS OF LEVY

Current through June 17, 2024
A. An overpayment
				recipient may appeal a levy imposed by
Neb. Rev. Stat.
§
									48-663.01,
				but such appeal shall not act as a stay of the levy.
B. The party appealing must appeal in
				writing, and the appeal must be delivered and received by the Department of
				Labor within thirty days after the service date of the notice of
				levy.
C. The appeal of said levy
				shall generally be governed by the appeal procedures set forth in 224 NAC 1. If
				any regulations in 224 NAC 1 conflict with the regulations in this chapter, the
				regulations in this chapter shall govern.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 19 - SHORT-TIME COMPENSATION PROGRAM › Section 219-19-002 - Definitions

Current through June 17, 2024
A. Additional employee means any person hired
				to the affected unit if the hiring would increase the number of employees from
				the number on the short time compensation (STC) plan application.
B. Operating on its regular basis means the
				average usual weekly hours worked by an employee in the affected unit for the
				12 months immediately prior to submission of the STC plan.
C. STC Employer means the employer
				participating in an approved STC plan.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 19 - SHORT-TIME COMPENSATION PROGRAM › Section 219-19-003 - Short-time compensation plan

Current through June 17, 2024
A. Any employer
				wishing to participate in the STC program shall complete and submit an STC plan
				application in a form and manner designated by the commissioner.
B. The commissioner will approve or deny an
				STC plan within 30 days of receiving a completed STC plan application. If an
				STC plan application is approved, the commissioner shall notify the STC
				employer of the effective date of the STC plan.
C. An STC plan may only apply to an affected
				unit that consists of three or more employees.
D. An STC plan may only apply to permanent
				employees of the STC employer in the affected unit. Workers hired through an
				employee-leasing company are not eligible for STC benefits.
E. An STC plan must provide that all members
				of an affected unit and any other workers performing similar services within
				the affected unit will have their usual weekly hours worked reduced by the same
				percentage, which must be between 10 percent and 60 percent.
F. An employee may only be in one affected
				unit for purposes of an employer's STC plan and may not be included in more
				than one STC plan for the same employer.
G. In calculating an employee's usual weekly
				hours worked, an STC employer shall use the following principles:
i. If the employee is paid on an hourly
				basis, the usual weekly hours worked shall be based on the actual average
				weekly hours worked when the STC employer was operating on its regular basis
				but shall be no more than 40.
ii.
				If the employee is paid on a salary basis, the employee's percentage of hours
				reduced must match the percentage the employee's salary is reduced by the STC
				employer, but the usual weekly hours worked shall be no more than 40.
iii. If the employee is paid on any basis
				other than hourly or salary, the STC employer must explain in its plan
				application how it will establish a percentage of hours reduced for the purpose
				of the STC plan. The usual weekly hours worked shall be no more than
				40.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 19 - SHORT-TIME COMPENSATION PROGRAM › Section 219-19-004 - Changes and Modifications to an Approved STC Plan

Current through June 17, 2024
A. An STC employer making any change, which
				is not a substantial change, to an approved STC plan shall promptly notify the
				commissioner in a form and manner designated by the commissioner.
B. An STC employer proposing a substantial
				change to an approved STC plan shall seek a plan modification using a form and
				method designated by the commissioner.
C. A change to an STC plan shall be presumed
				to be a substantial change if the change impacts the entire affected unit and
				lasts or is expected to last more than two consecutive weeks.
D. If an STC employer makes a change to an
				approved STC plan that impacts an entire affected unit for more than two
				consecutive weeks without an approved plan modification, the STC employer shall
				show good cause why this does not constitute a substantial change. Failure to
				show good cause may result in plan revocation.
E. An STC employer shall notify all employees
				in an affected unit of any substantial change to an STC plan.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 19 - SHORT-TIME COMPENSATION PROGRAM › Section 219-19-005 - Additional Employees

Current through June 17, 2024
A STC employer shall not hire any additional employee for the
				  affected unit or contract for the performance of similar services within the
				  affected unit while the STC plan is in effect. An employer may, if necessary,
				  hire a replacement employee to replace any employee who was in the affected
				  unit at the time of the STC plan application but left the affected unit during
				  the STC plan. The usual weekly hours of the replacement employee shall be the
				  same as the usual hours of the replaced employee.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 19 - SHORT-TIME COMPENSATION PROGRAM › Section 219-19-006 - Weekly Benefit Process

Current through June 17, 2024
A. STC Employer
				Requirements
i. Following each benefit week
				during which an STC employer has an active, approved STC plan, the STC employer
				shall submit a weekly certification for all employees covered by the STC plan
				in a form and manner directed by the commissioner. This weekly certification
				shall be submitted no later than the Saturday following the benefit week being
				certified.
ii. An STC employer's
				failure to submit a weekly certification prior to the deadline set by the
				commissioner may provide the commissioner with good cause to revoke the STC
				plan.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 19 - SHORT-TIME COMPENSATION PROGRAM › Section 219-19-007 - STC Plan Review

Current through June 17, 2024
A. The commissioner
				may audit an STC plan at any time to review compliance.
B. The commissioner may redetermine an
				individual's eligibility for STC benefits or benefit amount for any benefit
				week if the commissioner determines that the original determination was based
				on inaccurate information or an error in calculation. The commissioner shall
				make no redetermination after two years from the date of the original
				determination.
C. If at any time an
				STC employer fails to meet the eligibility requirements in
Neb. Rev.
				Stat.
§
									48-675,
				the commissioner shall notify the STC employer and the STC employer shall be
				required to respond, in a form and manner directed by the commissioner, to show
				good cause. Failure to show good cause may result in plan revocation.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 19 - SHORT-TIME COMPENSATION PROGRAM › Section 219-19-008 - Employer Plan Termination

Current through June 17, 2024
A. An employer may
				terminate its STC Plan at any time by providing written notice in a form and
				manner directed by the commissioner. The commissioner shall issue a notice of
				plan termination indicating the effective date of the termination.
B. When a plan is terminated, revoked, or
				expired according to its terms, the STC employer is required to post a notice
				of plan termination in a conspicuous place available to all employees in an
				affected unit covered by the STC Plan for 30 days following the plan
				termination.