reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 83 - Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values Model Regulation › Section 210-83-005 - Minimum Valuation Mortality Standards

Current through June 17, 2024
For preneed insurance contracts, as defined in subsection
				  004.03, and similar policies and contracts, the minimum mortality standard for
				  determining reserve liabilities and nonforfeiture values for both male and
				  female insureds shall be the Ultimate 1980 CSO.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 83 - Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values Model Regulation › Section 210-83-006 - Minimum Valuation Interest Rate Standards

Current through June 17, 2024
006.01 The interest
				rates used in determining the minimum standard for valuation of preneed
				insurance shall be the calendar year statutory valuation interest rates as
				defined in NEB. REV. STAT. §§
									44-404 and
				44-420
				to
				44-427.
006.02 The interest rates used in determining
				the minimum standard for nonforfeiture values for preneed insurance shall be
				the calendar year statutory nonforfeiture interest rates as defined in NEB.
				REV. STAT. §
									44-407
				ET SEQ.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 83 - Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values Model Regulation › Section 210-83-007 - MinimumValuation Method Standards

Current through June 17, 2024
007.01 The method
				used in determining the standard for the minimum valuation of reserves of
				preneed insurance shall be the method defined in NEB. REV. STAT. §§
									44-404 and
				44-420
				to
				44-427.
007.02 The method used in determining the
				standard for the minimum nonforfeiture values for preneed insurance shall be
				the method defined in NEB. REV. STAT. §
									44-407
				ET SEQ.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 83 - Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values Model Regulation › Section 210-83-008 - Transition Rules

Current through June 17, 2024
008.01 For preneed
				insurance policies issued on or after the effective date of this regulation and
				before January 1, 2012, the 2001 CSO may be used as the minimum standard for
				reserves and minimum standard for nonforfeiture benefits for both male and
				female insureds.
008.02 If an
				insurer elects to use the 2001 CSO as a minimum standard for any policy issued
				on or after the effective date of this regulation and before January 1, 2012,
				the insurer shall provide, as a part of the actuarial opinion memorandum
				submitted in support of the company's asset adequacy testing, an annual written
				notification to the domiciliary commissioner/director. The notification shall
				include:
008.02A A complete list of all
				preneed policy forms that use the 2001 CSO as a minimum standard;
008.02B A certification signed by the
				appointed actuary stating that the reserve methodology employed by the company
				in determining reserves for the preneed policies issued after the effective
				date and using the 2001 CSO as a minimum standard, develops adequate reserves
				(For the purposes of this certification, the preneed insurance policies using
				the 2001 CSO as a minimum standard cannot be aggregated with any other
				policies.); and
008.02C Supporting
				information regarding the adequacy of reserves for preneed insurance policies
				issued after the effective date of this regulation and using the 2001 CSO as a
				minimum standard for reserves.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 83 - Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values Model Regulation › Section 210-83-009 - Effective Date

Current through June 17, 2024
This regulation is applicable to preneed insurance policies
				  and certificates and similar contracts and certificates, as specified in
				  section 002 of this regulation, issued on or after January 1,
				  2009.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 84 - MODEL REGULATION PERMITTING THE RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES › Section 210-84-001 - Authority

Current through June 17, 2024
This Rule is promulgated under the authority vested in the
				  Director of Insurance by Neb.Rev.Stat. §
									44-404(a) (i) (c)
				   and Title 210 Nebraska Administrative Code
				  Chapter 71, Sections 005.01 and 005.02.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 84 - MODEL REGULATION PERMITTING THE RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES › Section 210-84-002 - Purpose

Current through June 17, 2024
The purpose of this regulation is to recognize, permit and
				  prescribe the use of mortality tables that reflect the differences in mortality
				  between preferred and standard lives in determining minimum reserve liabilities
				  in accordance with Neb.Rev.Stat. §
									44-404(a) (i) (c)
				   and Title 210 Nebraska Administrative Code
				  Chapter 71, Sections 005.01 and 005.02.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 84 - MODEL REGULATION PERMITTING THE RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES › Section 210-84-003 - Definitions

Current through June 17, 2024
For the purposes of this Chapter
003.01 2001 CSO Mortality Table
"2001 CSO Mortality Table" means that mortality table,
				  consisting of separate rates of mortality for male and female lives, developed
				  by the American Academy of Actuaries CSO Task Force from the Valuation Basic
				  Mortality Table developed by the Society of Actuaries Individual Life Insurance
				  Valuation Mortality Task Force, and adopted by the National Association of
				  Insurance Commissioners in December 2002. The 2001 CSO Mortality Table is
				  included in the Proceedings of the National Association of Insurance
				  Commissioners (2nd Quarter 2002) and supplemented by the 2001 CSO Preferred
				  Class Structure Mortality Table defined below in Subsection 003.02. Unless the
				  context indicates otherwise, the "2001 CSO Mortality Table" includes both the
				  ultimate form of that table and the select and ultimate form of that table and
				  includes both the smoker and nonsmoker mortality tables and the composite
				  mortality tables. It also includes both the age-nearest-birthday and
				  age-last-birthday bases of the mortality tables. Mortality tables in the 2001
				  CSO Mortality Table include the following:
003.01(A) "2001 CSO Mortality Table (F)"
				means that mortality table consisting of the rates of mortality for female
				lives from the 2001 CSO Mortality Table.
003.01(B) "2001 CSO Mortality Table (M)"
				means that mortality table consisting of the rates of mortality for male lives
				from the 2001 CSO Mortality Table.
003.01(C) "Composite mortality tables" means
				mortality tables with rates of mortality that do not distinguish between
				smokers and nonsmokers.
003.01(D)
				"Smoker and nonsmoker mortality tables" means mortality tables with separate
				rates of mortality for smokers and nonsmokers.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 84 - MODEL REGULATION PERMITTING THE RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES › Section 210-84-004 - 2001 CSO Preferred Class Structure Table

Current through June 17, 2024
At the election of the company, for each calendar year of
				  issue, for any one or more specified plans of insurance and subject to
				  satisfying the conditions stated in this regulation, the 2001 CSO Preferred
				  Class Structure Mortality Table may be substituted in place of the 2001 CSO
				  Smoker or Nonsmoker Mortality Table as the minimum valuation standard for
				  policies issued on or after January 1, 2004. No such election shall be made
				  until the company demonstrates at least 20% of the business to be valued on
				  this table is in one or more of the preferred classes. A table from the 2001
				  CSO Preferred Class Structure Mortality Table used in place of a 2001 CSO
				  Mortality Table, pursuant to the requirements of this Rule, will be treated as
				  part of the 2001 CSO Mortality Table only for purposes of reserve valuation
				  pursuant to the requirements of Title 210 Nebraska Administrative Code Chapter
				  79 "Recognition of the 2001 CSO Mortality Table For Use In Determining Minimum
				  Reserve Liabilities And Nonforfeiture Benefits Model
				  Regulation".
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 84 - MODEL REGULATION PERMITTING THE RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES › Section 210-84-005 - Conditions

Current through June 17, 2024
005.01 For each
				plan of insurance with separate rates for preferred and standard nonsmoker
				lives, an insurer may use the Super Preferred Nonsmoker, Preferred Nonsmoker,
				and Residual Standard Nonsmoker tables to substitute for the nonsmoker
				mortality table found in the 2001 CSO Mortality Table to determine minimum
				reserves. At the time of election and annually thereafter, except for business
				valued under the Residual Standard Nonsmoker Table, the appointed actuary shall
				certify that:
005.01(A) The present value of
				death benefits over the next ten years after the valuation date, using the
				anticipated mortality experience without recognition of mortality improvement
				beyond the valuation date for each class, is less than the present value of
				death benefits using the valuation basic table corresponding to the valuation
				table being used for that class.
005.01(B) The present value of death benefits
				over the future life of the contracts, using the anticipated mortality
				experience without recognition of mortality improvement beyond the valuation
				date for each class, is less than the present value of death benefits using the
				valuation basic table corresponding to the valuation table being used for that
				class.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 84 - MODEL REGULATION PERMITTING THE RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES › Section 210-84-006 - Severability

Current through June 17, 2024
If any provision of this regulation or its application to any
				  person or circumstance is for any reason held to be invalid, the remainder of
				  the regulation and the application of the provision to other persons or
				  circumstances shall not be affected.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-001 - Authority

Current through June 17, 2024
This regulation is adopted by the director pursuant to the
				  authority in
Neb. Rev. Stat.
§§
									44-1305(1)(c),
				  44-1306(1)(b),
				  44-1315(1)(b),
				  44-1315(2)(b),
				  and
				  44-1317(1)(b).
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-002 - Purpose

Current through June 17, 2024
The purpose of this rule is to adopt the forms required
				  pursuant to the Health Carrier External Review Act, Neb.Rev.Stat. §§
									44-1301
				  through
				  44-1318.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-003 - Notice of Appeal Rights

Current through June 17, 2024
A health carrier required to provide notice pursuant to
				  §
									44-1305(1)
				   shall provide the notice in the form in
				  Appendix A, hereby made a part of this regulation. The health carrier may
				  provide the notice in a form substantially similar to the form in Appendix A,
				  if the form of such notice has been reviewed and approved by the
				  Director.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-004 - External Review Request Form

Current through June 17, 2024
A covered person or person acting on behalf of a covered
				  person requesting an external review pursuant to §
									44-1306(1)(b)
				   shall provide the notice in the form in
				  Appendix B, hereby made a part of this regulation. The form in Appendix B must
				  be provided by the carrier with all final adverse benefit determinations,
				  published on a carrier's website, and otherwise available upon
				  request.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-005 - Independent Review Organization External Review Annual Report Form

Current through June 17, 2024
An independent review organization requested by the director
				  to prepare a report regarding requests for external review under
Neb. Rev. Stat.
44-1315(1)shall provide the report in
				  the form in Appendix C, hereby made a part of this regulation. The independent
				  review organization may provide the report in a form substantially similar to
				  the form in Appendix C, if the form of such report has been reviewed and
				  approved by the Director.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-006 - Health Carrier External Review Annual Report Form

Current through June 17, 2024
A health carrier requested by the director to prepare a
				  report regarding requests for external review under
Neb. Rev.
				  Stat.
44-1315(2)shall provide the report in the form in Appendix D,
				  hereby made a part of this regulation. The health carrier may provide the
				  report in a form substantially similar to the form in Appendix D, if the form
				  of such report has been reviewed and approved by the
				  Director.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-007 - Description of External Review Procedures

Current through June 17, 2024
007.01 Each health
				carrier shall include a description of the external review procedures in or
				attached to all health coverage plan materials dealing with the carrier's
				grievance procedures including but not limited to the policy, certificate,
				membership booklet, outline of coverage or other evidence of coverage it
				provides to covered persons as required by
Neb. Rev.
				Stat.
§
									44-1317.
007.02 The description required under
				subsection 007.01 shall include a notification of the availability of an
				external review process, the circumstances under which a covered person may use
				the external review process, the procedures for requesting an external review,
				and the timelines associated with an external review. The description shall
				appear in 10 point font.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Section 210-87-008 - Severability

Current through June 17, 2024
If any section or portion of a section of this chapter, or
				  the applicability thereof to any person or circumstance, is held invalid by a
				  court, the remainder of this chapter, or the applicability of such provision to
				  other persons shall not be affected thereby.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 87 - HEALTH CARRIER EXTERNAL REVIEW › Appendix B - External Review Request Form

Current through June 17, 2024
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Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 88 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 210-88-001 - Authority

Current through June 17, 2024
These regulations are promulgated pursuant to the authority
				  granted by
Neb. Rev. Stat.
§
									44-101.01 and LB772 § 9
				  (2016).
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 88 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 210-88-002 - Purpose

Current through June 17, 2024
The purpose of these regulations is to set forth the
				  procedures for filing and the required contents of the Corporate Governance
				  Annual Disclosure (CGAD), deemed necessary by the Director to carry out the
				  provisions of the Corporate Governance Annual Disclosure Act, LB772
				  §§ 1 through 9 (2016).
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 88 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 210-88-003 - Definitions

Current through June 17, 2024
(003.01) "Director." The Director of
				Insurance.
(003.02) "Insurance
				group." For the purpose of this regulation, the term "insurance group" shall
				mean those insurers and affiliates included within an insurance holding company
				system as defined in
Neb. Rev. Stat.
§
									44-2121.
(003.03) "Insurer." The term "insurer" shall
				have the same meaning as set forth in
Neb. Rev. Stat.
§
									44-103, except that it shall not
				include agencies, authorities or instrumentalities of the United States, its
				possessions and territories, the Commonwealth of Puerto Rico, the District of
				Columbia, or a state or political subdivision of a state.
(003.04) "Senior Management." The term
				"senior management" shall mean any corporate officer responsible for reporting
				information to the board of directors at regular intervals or providing this
				information to shareholders or regulators and shall include, for example and
				without limitation, the Chief Executive Officer ("CEO"), Chief Financial
				Officer ("CFO"), Chief Operations Officer ("COO"), Chief Procurement Officer
				("CPO"), Chief Legal Officer ("CLO"), Chief Information Officer ("CIO"), Chief
				Technology Officer ("CTO"), Chief Revenue Officer ("CRO"), Chief Visionary
				Officer ("CVO"), or any other "C" level executive.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 88 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 210-88-005 - Contents of Corporate Governance Annual Disclosure

Current through June 17, 2024
(005.01) The insurer or insurance group shall
				be as descriptive as possible in completing the CGAD, with inclusion of
				attachments or example documents that are used in the governance process, since
				these may provide a means to demonstrate the strengths of their governance
				framework and practices.
(005.02)
				The CGAD shall describe the insurer's or insurance group's corporate governance
				framework and structure including consideration of the following.
(005.02(A)) The Board and various committees
				thereof ultimately responsible for overseeing the insurer or insurance group
				and the level(s) at which that oversight occurs (e.g., ultimate control level,
				intermediate holding company, legal entity, etc.). The insurer or insurance
				group shall describe and discuss the rationale for the current Board size and
				structure; and
(005.02(B)) The
				duties of the Board and each of its significant committees and how they are
				governed (e.g., bylaws, charters, informal mandates, etc.), as well as how the
				Board's leadership is structured, including a discussion of the roles of Chief
				Executive Officer (CEO) and Chairman of the Board within the
				organization.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 88 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE › Section 210-88-006 - Severability Clause

Current through June 17, 2024
If any provision of these regulations, or the application
				  thereof to any person or circumstance, is held invalid, such determination
				  shall not affect other provisions or applications of these regulations which
				  can be given effect without the invalid provision or application, and to that
				  end the provisions of these regulations are severable.
Nebraska Administrative Code › Topic - INVESTMENT COUNCIL › Title 213 - NEBRASKA INVESTMENT COUNCIL › Chapter 1 - PROCEDURES FOR DISTRIBUTION OF FUNDS TO BANKS, CAPITAL STOCK FINANCIAL INSTITUTIONS, AND QUALIFYING MUTUAL FINANCIAL INSTITUTIONS › Section 213-1-001 - TIME DEPOSIT OPEN ACCOUNTS

Current through June 17, 2024
Per 72-1261 to 72-1269 (Nebraska Capital Expansion Act) the
				  state investment officer shall, out of funds available for investment, offer to
				  all banks, capital stock financial institutions, and qualifying mutual
				  financial institutions in this state a time deposit open account. The deposit
				  date shall be the last day of a month. If the last day of the month is not a
				  working day, deposits will be made on the next working day. All maturities will
				  be one year from date of deposit. The deposits will be automatically renewable.
				  The state investment officer or the banks, capital stock financial
				  institutions, and qualifying mutual financial institutions may change or
				  terminate the principal amount with thirty days written notice. Banks, capital
				  stock financial institutions, and qualifying mutual fund institutions are
				  required to give 15 business days written notice when requesting a new
				  deposit.
Nebraska Administrative Code › Topic - INVESTMENT COUNCIL › Title 213 - NEBRASKA INVESTMENT COUNCIL › Chapter 1 - PROCEDURES FOR DISTRIBUTION OF FUNDS TO BANKS, CAPITAL STOCK FINANCIAL INSTITUTIONS, AND QUALIFYING MUTUAL FINANCIAL INSTITUTIONS › Section 213-1-002 - INTEREST RATES AND PAYMENTS

Current through June 17, 2024
002.01 The state
				investment officer shall fix the interest rates on the first working day of
				each month.
002.02 The interest
				rate shall be the arithmetic averages of the following:
002.02A An average of yields of Treasury Note
				or Bond issues maturing in the same month one year hence.
002.02B An average of yields of authorized
				federal agency issues maturing in the same month one year hence. Yields will be
				attained for available federal agency securities issued by the Federal Home
				Loan Bank, Federal Farm Credit Bank, Fannie Mae, and Freddie Mac.
Nebraska Administrative Code › Topic - INVESTMENT COUNCIL › Title 213 - NEBRASKA INVESTMENT COUNCIL › Chapter 1 - PROCEDURES FOR DISTRIBUTION OF FUNDS TO BANKS, CAPITAL STOCK FINANCIAL INSTITUTIONS, AND QUALIFYING MUTUAL FINANCIAL INSTITUTIONS › Section 213-1-003 - CORRESPONDENT

Current through June 17, 2024
All deposits shall be made by the state investment officer in
				  a correspondent bank. Interest and redeemed and/or matured deposits shall be
				  paid by the correspondent bank by charging the accounts of the banks, capital
				  stock financial institutions, and qualifying mutual financial institutions and
				  crediting the Treasurer, State of Nebraska. Correspondents shall be approved by
				  the state investment officer.
Nebraska Administrative Code › Topic - INVESTMENT COUNCIL › Title 213 - NEBRASKA INVESTMENT COUNCIL › Chapter 1 - PROCEDURES FOR DISTRIBUTION OF FUNDS TO BANKS, CAPITAL STOCK FINANCIAL INSTITUTIONS, AND QUALIFYING MUTUAL FINANCIAL INSTITUTIONS › Section 213-1-004 - COLLATERAL

Current through June 17, 2024
All deposits over the amount insured or guaranteed by the
				  Federal Deposit Insurance Corporation shall be secured by collateral as
				  required by the Public Funds Deposit Security Act. A list of acceptable
				  securities that may be pledged are defined by the Nebraska Capital Expansion
				  Act and the Public Funds Deposit Security Act. For the purpose of the
				  investments for which the State Investment Officer is responsible by law, he or
				  she may choose to restrict the types and classes of investments he or she will
				  accept as collateral. For the purposes of the funds distributed to banks,
				  capita! stock financial institutions, and qualifying mutual financial
				  institutions, the collateral restriction may occur because of the difficulty in
				  valuing certain types of collateral or the difficulty in collecting on the
				  collateral in the case of a bank default.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 218 - NEBRASKA DEPARTMENT OF LABOR › Chapter 1 - ELECTRONIC DOCUMENTS › Section 218-1-004

Current through June 17, 2024
Documents must be legible and readable to be deemed timely
				  filed. Legibility will be determined by the Department of Labor. The Department
				  of Labor shall notify the sender one time that the document was illegible or
				  unreadable. If the sender resubmits a legible or readable document before the
				  close of the next business day after notification, the document shall be deemed
				  filed as of the date of the original transmission
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 1 - DEFINITIONS › Section 219-1-002

Current through June 17, 2024
As used throughout Titles 218 to 230 of the regulations of
				  the Department of Labor, the terms below shall be defined as follows:
A. "Commissioner" shall mean the Commissioner
				of Labor of the State of Nebraska.
B. "Department" shall mean the Department of
				Labor of the State of Nebraska.
C.
				"Week" shall mean a period of seven consecutive days ending at midnight
				Saturday.
D. "Willful benefit
				overpayment" shall mean a benefit obtained by an individual who intentionally
				fails to disclose amounts earned during any week with respect to which benefits
				are claimed by him or who intentionally fails to disclose or has falsified as
				to any fact which would have disqualified him or rendered him ineligible for
				benefits during such week.
E.
1. For all benefit years beginning on or
				before June 30, 2011, "base period" shall mean the first four of the last five
				completed calendar quarters immediately preceding the first day of an
				individual's benefit year.
2. For
				all benefit years beginning on or after July 1, 2011, "base period" shall mean
				the individual's base period as determined pursuant to
Neb. Rev.
				Stat.
§
										48-602.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-001

Current through June 17, 2024
This chapter is adopted pursuant to
Neb. Rev.
				  Stat.
§§
									48-626,
				  48-627,
				  48-629,
				  and
				  48-607.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-002

Current through June 17, 2024
A. All claims shall be filed online through
				the Nebraska Department of Labor Claims Center's online web application
				available at
www.dol.nebraska.gov
unless a special accommodation is required or no reasonable access to an office
				maintained by the Department of Labor is available. Conditions requiring a
				special accommodation shall include, but not be limited to, language barriers
				and physical and mental handicaps. If a special accommodation is required,
				claimants may file an application for benefits through the Nebraska Department
				of Labor Claims Center. The individual shall provide such information as
				required on the application. Each application shall be signed or attested to.
				An application may be signed by electronic signature or handwritten on a form
				prescribed by the Commissioner.
B.
				When filing a new initial claim, re-opening an existing claim, or filing a
				subsequent claim for unemployment benefits a claimant shall be required to
				register for work and create an active, online and searchable resume in the
				Nebraska Department of Labor's web application for Reemployment services in
				accordance with 219 NAC 4.
C. The
				initial application for benefits shall be effective Sunday of the week in which
				the applicant files an application with the Department. The Commissioner, for
				good cause, may establish a different effective date.
D. A week shall be deemed to be in, within,
				or during that benefit year which includes the greater part of such
				week.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-003

Current through June 17, 2024
A. A separate claim for benefits shall be
				made for each week of unemployment by a method of claiming prescribed by the
				Commissioner.
B. An individual
				shall be ineligible for benefits for any week for which the individual fails to
				demonstrate that the individual engaged in an active and earnest search for
				work as required under 219 NAC 4.
C. An electronic media claim transaction
				shall be completed by the claimant and received by the Department by the
				Saturday following the most recent week ending date. The failure of a claimant
				to timely complete an electronic media transaction shall be the basis for a
				denial of that week's benefits unless good cause for the late transaction can
				be shown. Any intervening weeks until the week in which the transaction was
				completed and received by the Department shall also be denied, regardless of
				cause.
D. A claim for benefits
				shall be filed for waiting week credit even though benefits are not payable for
				that week.
E. A claim for benefits
				shall be filed for each week of eligibility during the time an applicant is
				awaiting the results of an appeal hearing if the applicant intends to claim
				benefits during that time period.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-004

Current through June 17, 2024
The Department may direct a claimant to contact one of its
				  offices to meet eligibility or other reporting requirements, or to provide
				  other information as needed in the administration of Nebraska Employment
				  Security Law. Unless good cause is shown, failure to contact the office as
				  directed may result in the denial of benefits beginning with the week the
				  claimant was scheduled to report and ending the Saturday prior to the week in
				  which he/she reports to the Department.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-005

Current through June 17, 2024
In the event that wage information cannot be obtained from an
				  employer, the Department may request that such information be provided by the
				  claimant. The claimant may be required to provide payroll check stubs, W-2's,
				  or other reliable information corroborating the amount of wages stated by the
				  claimant. A failure by the claimant to comply with such a request by the due
				  date on the form shall cause the claim to be processed without the requested
				  wages and may result in a denial of benefits until the week in which the
				  information regarding requested wages is received by the
				  Department.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-006

Current through June 17, 2024
In the event of a major disaster declared by both the
				  Governor of the State of Nebraska and the President, the Commissioner may
				  permit backdating of the effective date of unemployment insurance claims to
				  agree with the effective date of the federal disaster period.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-007

Current through June 17, 2024
Each worker engaged in employment covered by the Nebraska
				  Employment Security Law, including service covered by election of an employer,
				  shall procure a federal social security account number and furnish that number
				  to every employer for whom that worker performs covered
				  employment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 2 - CLAIMS FOR BENEFITS › Section 219-2-008

Current through June 17, 2024
Weeks of disqualification assessed and reductions in benefits
				  determined pursuant to the Nebraska Employment Security Law.
Neb. Rev.
				  Stat §§
										48-601
				  to
				  48-683,
shall be determined in accordance with the number of weeks of disqualification
				  in effect on the applicable date of the most recently filed initial,
				  transitional or additional claim.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 4 - CLAIMANT'S AVAILABILITY/WORK SEARCH REQUIREMENTS › Section 219-4-001

Current through June 17, 2024
This chapter is adopted pursuant to
Neb. Rev.
				  Stat.
§§
									48-607,
				  48-627,
				  48-628.03
				  and
				  48-628.15.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 4 - CLAIMANT'S AVAILABILITY/WORK SEARCH REQUIREMENTS › Section 219-4-002

Current through June 17, 2024
In order to establish his or her availability for work in the
				  job market to which he or she is attached, a claimant shall register for work
				  and engage in an active work search.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 4 - CLAIMANT'S AVAILABILITY/WORK SEARCH REQUIREMENTS › Section 219-4-003

Current through June 17, 2024
A. A claimant attached to a Nebraska job
				market shall register for work with the Nebraska Department of Labor's division
				of employment services. Claimants not attached to a Nebraska job market shall
				register with the employment service office in the state of their
				residence.
B.
1. In order to complete his or her
				registration for work, a claimant attached to a Nebraska job market shall be
				required to create an active, online, and searchable resume in the Nebraska
				Department of Labor's web application for Reemployment and Benefit services in
				order to initially apply for benefits.
2. in order to remain registered for work and
				eligible for benefits, any claimant for whom the work search requirement has
				not been waived pursuant to 219 NAC 4(007) shall continuously maintain an
				active, online and searchable resume on the Nebraska Department of Labor's web
				application for Reemployment and Benefit services.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 4 - CLAIMANT'S AVAILABILITY/WORK SEARCH REQUIREMENTS › Section 219-4-005

Current through June 17, 2024
Beginning with the sixth benefit week claimed, a claimant
				  will be required to expand the scope of the job search regarding acceptable
				  hours, wages, conditions, location, and type of work.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 4 - CLAIMANT'S AVAILABILITY/WORK SEARCH REQUIREMENTS › Section 219-4-006

Current through June 17, 2024
A. A claimant is considered available for
				work during the week of unemployment claimed if he or she meets any of the
				requirements under
				20 CFR
				604.5(a):
1. The individual is available for any work
				for all or a portion of the week claimed, provided that any limitation placed
				by the individual on his or her availability does not constitute a withdrawal
				from the labor market.
2. The
				individual limits his or her availability to work which is suitable for such
				individual as determined under
Neb. Rev. Stat.
§
				548-628.
3. The individual is on
				temporary lay-off and is available to work only for the employer that has
				temporarily (aid-off the individual.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 4 - CLAIMANT'S AVAILABILITY/WORK SEARCH REQUIREMENTS › Section 219-4-007

Current through June 17, 2024
The Commissioner may waive the requirement that an applicant
				  search for work if:
A. The applicant
				is attached to a regular job or industry;
B. The applicant is eligible for referral as
				a member in good standing in a labor union which has a union hiring
				hall;
C. Compliance would be
				oppressive or inconsistent with the purpose of the Nebraska Employment Security
				Law;
D. The applicant is attending
				training approved by the Commissioner pursuant to 225 NAC 1;
E. The applicant is attending training funded
				in whole or part pursuant to
Neb. Rev. Stat.
§
									48-622.02;
F. The applicant is attending training funded
				in whole or part through the Nebraska Workforce Retraining Initiative;
				or
G. If during the week of
				application, the applicant is employed in an affected unit included within an
				approved short-time compensation plan.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 4 - CLAIMANT'S AVAILABILITY/WORK SEARCH REQUIREMENTS › Section 219-4-008

Current through June 17, 2024
A claimant shall be ineligible for benefits if the claimant
				  fails to report for required reemployment services. As directed by the
				  Commissioner, any claimant who has been determined to be likely to exhaust
				  regular benefits must participate in reemployment services pursuant to a
				  profiling system established by the Commissioner pursuant to
Neb. Rev.
				  Stat.
§
									48-627(6),
				  §303(j)(1) of the Federal Social Security Act, and 219 NAC 17. The
				  Commissioner may waive participation in such reemployment services if the
				  Commissioner determines that:
A. The
				claimant has completed such services; or
B. There is justifiable cause for the
				claimant's failure to participate in such services.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-003 - Definitions

Current through June 17, 2024
As used in this regulation, unless the context clearly
				  requires otherwise:
A. "Interstate
				Benefit Payment Plan" means the plan approved by the Interstate Conference Of
				Employment Security Agencies under which benefits shall be payable to
				unemployed individuals absent from the state (or states) in which benefit
				credits have been accumulated.
B.
				"Interstate Claimant" means an individual who claims benefits under the
				unemployment insurance law of a liable state from another state, through the
				facilities of an agent state, or directly with the liable state. The term
				"interstate claimant" shall not include any individual who customarily commutes
				across state lines from a residence in one state to work in a liable state
				unless the Department finds that this exclusion would create undue hardship on
				such claimants in specified areas.
C. "State" includes the District of Columbia,
				Puerto Rico, and the Virgin Islands.
D. "Agent State" means any state through
				whose facilities an individual files an interstate initial claim for benefits
				against another state.
E. "Liable
				State" means any state against which an individual files, through another
				state, an interstate claim for benefits.
F. "Benefits" means the compensation payable
				to an individual, with respect to his unemployment, under the unemployment
				insurance law of any state.
G.
				"Week of unemployment" includes any week of unemployment as defined in the law
				of the liable state from which benefits with respect to such week are
				claimed.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-004 - Notification of Interstate Claim

Current through June 17, 2024
The liable state will notify the agent state of each initial
				  claim, reopened claim, claim transferred to interstate status, and each week
				  claimed filed from the agent state using uniform procedures and record format
				  pursuant to the Interstate Benefit Payment Plan.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-005 - Registration for Work

Current through June 17, 2024
A. The agent state
				shall register for work each interstate claimant who files through the agent
				state, or upon notification of a claim filed directly with the liable state, as
				required by the law, regulations, and procedures of the agent state. Such
				registration shall be accepted as meeting the registration requirements of the
				liable state.
B. Each agent state
				shall duly report, to the liable state in question, each interstate claimant
				who fails to meet registration/reemployment assistance reporting requirements
				of the agent state.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-006 - Benefit Rights of Interstate Claimant

Current through June 17, 2024
A. If a
				claimant files a claim against any state, and it is determined by such state
				that the claimant has available benefit credits in such state, claims for
				benefits shall be filed only against that state as long as benefit credits are
				available in that state. Thereafter, the claimant may file claims against any
				other state in which there are available benefit credits.
B. For the purposes of this regulation,
				benefit credits shall be deemed to be unavailable whenever benefits have been:
(1) exhausted;
(2) terminated;
(3) postponed for an indefinite period and
				the individual has not subsequently satisfied the requalifying requirements;
(4) postponed for the entire
				period in which benefits would otherwise be payable; or
(5) whenever benefits are affected by the
				application of a seasonal restriction.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-007 - Claims for Benefits

Current through June 17, 2024
A. Claims for
				benefits or waiting period filed by an interstate claimant directly with the
				liable state shall be filed in accordance with the liable states
				procedures.
B. The liable state
				shall accept as duly filed those claims filed through the facilities of an
				agent state in accordance with the agent state regulations for interstate
				claims, including claims filed with respect to weeks of unemployment during
				which an individual is attached to his/her regular employer that are filed
				within the time limit applicable to such claims under the law of the agent
				state.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-008 - Providing Assistance to Interstate Claimants

Current through June 17, 2024
A.
				Each agent state, upon request by an interstate claimant, shall assist the
				individual with the understanding and filing of necessary notices and
				documents.
B. The liable state
				shall provide interstate claimants with access to information concerning the
				status of their claims throughout the normal business day.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-010 - Determination of Claims

Current through June 17, 2024
A. The agent state
				shall, in connection with each claim filed by an interstate claimant, identify
				to the liable state in question, any potential issue relating to the claimant's
				availability for work and eligibility for benefits detected by the agent
				state.
B. The agent state's
				responsibility and authority in connection with the determination of interstate
				claims shall be limited to the identification of potential issues identified in
				connection with initial or weeks claimed filed through the agent state and the
				reporting of relevant facts pertaining to each claimant's failure to register
				for work or report for reemployment assistance as required by the agent
				state.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 219-5-011 - Appellate Procedure

Current through June 17, 2024
A. The agent state
				shall afford all reasonable cooperation in the taking of evidence and the
				holding of hearings in connection with appealed interstate benefit claims when
				so requested by a liable state.
B.
				With respect to the time limits imposed by the law of a liable state upon the
				filing of an appeal in connection with a disputed benefit claim, an appeal made
				by an interstate claimant shall be deemed to have been made and communicated to
				the liable state on the date it is received by any qualified officer of the
				agent state.
C. The liable state
				shall conduct hearings in connection with appealed interstate benefit claims.
				The liable state may contact the agent state for assistance in special
				circumstances.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-001

Current through June 17, 2024
The following chapter shall govern the Department in its
				  administrative cooperation with other states adopting a similar requirement for
				  the payment of benefits to combined wage claimants. This chapter is adopted
				  pursuant to
Neb. Rev. Stat.
§
									48-607
				  and §
									48-668.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 219 - DEPARTMENT OF LABOR › Chapter 6 - BENEFITS FOR COMBINED WAGE CLAIMS › Section 219-6-002

Current through June 17, 2024
This arrangement is designed to establish a system whereby a
				  claimant with covered employment in more than one state could combine all wages
				  in one state in order to qualify for benefits to which he or she would not
				  otherwise be eligible. All fifty states, the District of Columbia, and Puerto
				  Rico must participate in this plan. Canada and the Virgin Islands do not
				  participate.