reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 4 - REPORTING REQUIREMENTS TO CLAIM UNEMPLOYMENT BENEFITS AND TO REGISTER FOR WORK SEARCH ACTIVITIES › Section 12:17-4.4 - Reporting claim information after leaving reporting status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Division mails the claimant a request for information to resolve an eligibility issue the claimant is allowed 14 days from the mailing date, as determined by the returned postmark or received date, to respond.
(b) If the claimant fails to respond to the request for information, the Division may make a determination of benefit eligibility based upon available information.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 4 - REPORTING REQUIREMENTS TO CLAIM UNEMPLOYMENT BENEFITS AND TO REGISTER FOR WORK SEARCH ACTIVITIES › Section 12:17-4.5 - Proof of claimant identification and address

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who files a claim for benefits shall, when requested, present proper identification, including a valid Social Security card and other documentation showing the claimant's legal name and address.
1. If a claimant is unable to present a valid Social Security card when requested by the Division in order to verify his or her identity, the claimant shall be required to obtain a duplicate Social Security card. The claimant shall be given eight weeks from the end of the week in which the request was made to present a valid Social Security card to the Division, unless good cause, as defined in 12:17-4.1, is shown as to why additional time would be required to obtain same.
2. If the Division's records indicate any discrepancies with the Social Security Account Number presented, the claimant shall comply as directed by the written instructions of the Division to resolve those discrepancies. The claimant shall be given 14 days from the date of mailing to respond, unless good cause is shown why additional time would be required to respond to the Division. The claimant may receive pended credit for the weeks claimed during the time period necessary to resolve any discrepancies if he or she is otherwise eligible therefor.
3. Any claimant who refuses to cooperate with the Division in its efforts to verify the validity of the Social Security number by failing to present the required documentation within the required time frame shall be held ineligible for benefits from the date of claim and liable to refund any benefits previously paid.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 4 - REPORTING REQUIREMENTS TO CLAIM UNEMPLOYMENT BENEFITS AND TO REGISTER FOR WORK SEARCH ACTIVITIES › Section 12:17-4.6 - Forms prescribed for filing unemployment benefit claims

Current through Register Vol. 56, No. 14, July 15, 2024
Initial and continued claims for unemployment benefits shall be made on the appropriate forms or in the manner prescribed by the Division.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 4 - REPORTING REQUIREMENTS TO CLAIM UNEMPLOYMENT BENEFITS AND TO REGISTER FOR WORK SEARCH ACTIVITIES › Section 12:17-4.7 - Benefit determination notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A notice of monetary or benefit eligibility shall include a statement of appeal rights. Unless good cause exists, as provided in 12:20-3.1(i), all determinations shall be appealed in person or in writing within seven days from the date of receipt or 10 days from the date of mailing of the notice. Appeal procedures are found at N.J.A.C. 12:20 and 1:12.
(b) The Division shall provide to a claimant a written determination of the information used to determine monetary eligibility and a written notice if he or she is found ineligible or disqualified for benefits.
(c) The Division shall provide to a claimant's chargeable employer a written determination including the portion of the claimant's monetary entitlement which is based on work with that employer. When an employer is an interested party to an adjudicated issue, the Division shall provide the employer with a written determination of the claimant's benefit eligibility. For the purpose of this section, an interested party is a chargeable employer on the claim or the employer from whom the claimant was most recently separated as of the date of initial claim for benefits who has information which is relevant to a separation, refusal to apply or accept suitable work, or pension issue adjudication.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 4 - REPORTING REQUIREMENTS TO CLAIM UNEMPLOYMENT BENEFITS AND TO REGISTER FOR WORK SEARCH ACTIVITIES › Section 12:17-4.8 - Refusal to cooperate with quality control reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant shall be determined ineligible for unemployment benefits if he or she, without "good cause," as defined in 12:17-4.1, fails to report as directed for a quality control review interview, or fails to cooperate in a quality control review of the claim.
(b) A claimant shall be determined to be ineligible as of the week in which the failure to report for a quality control review interview or the refusal to cooperate occurs, and shall remain ineligible until such time as he or she agrees to cooperate with the review.
(c) Any employer or employer's agent who, without "good cause," as defined in N.J.A.C. 12:17-4.1, refuses or fails to provide wage information, separation information, dates of employment, work search verification, or other information required by the quality control program will be found to have refused to provide reports deemed necessary for the administration of the Unemployment Compensation Law, and shall be subject to the penalties set forth at 43:21-16.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 4 - REPORTING REQUIREMENTS TO CLAIM UNEMPLOYMENT BENEFITS AND TO REGISTER FOR WORK SEARCH ACTIVITIES › Section 12:17-4.9 - Reporting to claim benefits after one year

Current through Register Vol. 56, No. 14, July 15, 2024
A request for payment of a benefit week(s) made more than one year after the claim has expired, or more than one year after a final decision of eligibility, whichever is later, shall be denied unless there is "good cause," as defined in 12:17-4.1, for a late request.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 5 - MONETARY REQUIREMENTS FOR BENEFIT ELIGIBILITY › Section 12:17-5.1 - Basic eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for benefits, an individual during his or her base year period, consisting of the first four of the most recent five completed calendar quarters preceding the date of the claim, shall have met the following requirements:
1. Established 20 base weeks as defined at 43:21-19(t)(3)  as an amount equal to 20 times the State minimum hourly wage;
2. If the individual has not met the above requirement in (a)1 above, he or she must have earned an amount equal to 1,000 times the State minimum hourly wage; or
3. If the individual has not met the requirements in (a)1 or 2 above, he or she must have performed at least 770 hours of service in the production and harvesting of agricultural crops.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 5 - MONETARY REQUIREMENTS FOR BENEFIT ELIGIBILITY › Section 12:17-5.2 - Alternative base years

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an individual does not qualify for benefits pursuant to 12:17-5.1 during the base year, he or she may use wages paid during an alternative base year consisting of the most recent four completed calendar quarters preceding the date of the claim.
(b) If the individual does not qualify for benefits using wages paid in the alternative base year provided in (a) above, he or she may use wages paid during the current calendar quarter up to the date of the claim and the three previous completed calendar quarters.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 5 - MONETARY REQUIREMENTS FOR BENEFIT ELIGIBILITY › Section 12:17-5.3 - Exceptions to the use of alternative base years

Current through Register Vol. 56, No. 14, July 15, 2024
Alternative base year periods may be used to qualify for benefits only when an individual cannot qualify for benefits due to insufficient base weeks and/or wages during the regular base year period. An alternative base year period may not be used when an individual's ineligibility is caused by a wage credit reduction due to his or her disqualification for gross misconduct. Similarly, an alternative base year may not be used when an individual's ineligibility for benefits is caused by the individual's corporate officer or ownership status, or the individual's employment with an educational institution.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 5 - MONETARY REQUIREMENTS FOR BENEFIT ELIGIBILITY › Section 12:17-5.4 - Use of wages to qualify for benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If wages from a base year or an alternative base year are required to establish a valid claim, those wages cannot be used again to establish any future claim(s).
(b) If wages are required from the most recent completed calendar quarter, all the wages paid in that quarter shall be used.
(c) If wages are required from the quarter in which the claim was filed, only those wages paid prior to the date of the claim shall be used; any subsequent wages earned from the date of the claim in that quarter may be used to establish eligibility for future claims.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 5 - MONETARY REQUIREMENTS FOR BENEFIT ELIGIBILITY › Section 12:17-5.5 - Requests for wage information and affidavits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When wage information regarding base weeks and wages is not available in the Division's records, the Division shall request that information from employers needed to determine the claimant's eligibility for benefits.
(b) If necessary, the Division shall request base week and wage information from all employers that the claimant identifies up to the date of claim. This information may be used in any of the alternative base years in order to reduce the number of contacts to employers to determine eligibility. The Division shall also request information about the claimant's separation from work.
(c) If the wage information is not received by the Division within 10 calendar days of mailing, the Division may accept an affidavit of wages and time worked from the claimant. The claimant shall be advised to present appropriate documentation, including payroll stubs, W-2 forms, Federal and State income tax returns, etc., if available. A determination of benefits based on an alternative base year shall be adjusted when the quarterly wage report from the employer is received if that information causes a change in the determination.
1. Except in the event of fraud, if it is determined that any information provided by the claimant on an affidavit is erroneous, no penalty or refund of benefits shall be imposed on the claimant for periods prior to the calendar week in which an employer provides subsequent wage information.
2. When a benefit determination is based on information provided by the claimant on an affidavit because the employer failed to reply to the Division's request for information, the employer shall not be relieved of excess charges to the employer's account because of benefits paid prior to the close of the calendar week following the receipt of the employer's subsequent reply.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 5 - MONETARY REQUIREMENTS FOR BENEFIT ELIGIBILITY › Section 12:17-5.6 - Alternative base years for individuals claiming benefits after a period of disability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual, who files a claim for benefits immediately after a period of disability compensable under the provisions of the Temporary Disability Benefits Law, 43:21-25 et seq. or compensable under the Workers' Compensation Law, 34:1-1 et seq., may have the option of using an alternative base year consisting of the first four of the most recent five completed calendar quarters preceding the date his or her disability began, to establish eligibility for, or increase entitlement for, unemployment benefits. If the previous position is available, but the individual is no longer able to perform the duties of the position, the alternative base year provisions of this section shall not apply. If the individual does not qualify for benefits pursuant to 12:17-5.1 during this base year, he or she may use wages paid during the alternate base years prescribed in 12:17-5.2, but defined as preceding the date of disability.
1. This section applies only to those individuals whose employment is not available at the conclusion of the disability period, provided the individual files his or her claim within four weeks of recovery, except where he or she has shown good cause as defined at 12:17-4.1 for filing a claim after four weeks.
2. This section applies to individuals receiving Workers' Compensation for a period not to exceed two years.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 6 - EMPLOYER RECORDS AND CLAIMS FOR PARTIAL UNEMPLOYMENT BENEFITS › Section 12:17-6.1 - Records for employees receiving partial unemployment benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the requirements set forth in N.J.A.C. 12:16-2 concerning employer records, each employer shall keep payroll records in such form that it is possible from an inspection thereof to determine whether a regular employee may be eligible for partial benefits including:
1. Remuneration for each calendar week ending at midnight Saturday.
2. Whether any such period was a week of less than full-time work, as determined according to the norm or custom associated with the individual's occupation, profession, trade, or industry; and
3. Time lost, if any, during such week when work was available.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 6 - EMPLOYER RECORDS AND CLAIMS FOR PARTIAL UNEMPLOYMENT BENEFITS › Section 12:17-6.2 - Evidence of weekly partial unemployment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each week of partial unemployment the employer shall provide the individual with a written statement (that is, pay envelope, pay check stub, copy of pay check or similar voucher) which provides the following information:
1. The name and address of the employer;
2. The name of the employee;
3. The date of the last day of such week; and
4. The amount of remuneration for such week;
5. A notation that the individual earned "less than full-time remuneration because of lack of work," signed by the employer or the authorized agent supplying the information.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 6 - EMPLOYER RECORDS AND CLAIMS FOR PARTIAL UNEMPLOYMENT BENEFITS › Section 12:17-6.3 - Registration and filing claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual claiming partial unemployment benefits shall file a bi-weekly benefit claim as required by N.J.A.C. 12:17-4.3(a), and shall provide for each week, the gross remuneration amount, number of hours worked, and, if so instructed, the employer's name, address, and telephone number.
1. A self-employed individual claiming partial Pandemic Unemployment Assistance (PUA) under the Federal Coronavirus Aid, Relief and Economic Security Act (CARES Act), P.L. 116-136, shall file a bi-weekly benefit claim in the manner described in this subsection, and shall, for each week, report all self-employment earnings as wages; that is, the PUA claimant shall certify to the weekly amount of self-employed earnings received and shall report those earnings as wages, so as to enable the Division to calculate an appropriate partial weekly PUA benefit amount consistent with the Division's method for calculating a partial weekly unemployment benefits amount.
i. For the purpose of this paragraph, "received" shall mean when the claimant actually receives payment for the services performed. For example, if a self-employed freelance writer spent 10 hours during the week ending May 16, 2020, researching and writing an article, delivered that article to a magazine during the same week, and was paid for the article by the magazine during the week ending June 6, 2020, the self-employed freelance writer who is collecting PUA benefits would report those earnings (as wages) for the week ending June 6, 2020, not for the week ending May 16, 2020.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 7 - DEPENDENCY BENEFITS › Section 12:17-7.1 - Calculation of dependency payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant's weekly benefit rate shall be increased by seven percent for the first dependent and four percent each for the next two dependents, up to a maximum of three dependents, except that the maximum weekly benefit rate payable for an individual claiming dependency benefits shall not exceed the maximum amount determined in 12:15-1.2, which delineates the maximum weekly benefit rate. If an individual's spouse or civil union partner is employed during the week the individual files an initial claim for benefits, this section shall not apply.
(b) The claimant shall not be paid dependency benefits for any week for which no regular or extended unemployment benefits are payable.
(c) If a claimant is eligible for partial unemployment benefits for a week claimed, the benefit payment shall equal the difference between 120 percent of the established weekly benefit rate (which includes any determined dependency allowance) and the individual's remuneration earned during the week claimed.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 7 - DEPENDENCY BENEFITS › Section 12:17-7.2 - Definition of dependent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Dependent" means an individual who is unemployed during the calendar week in which the claimant files an initial or transitional claim, and is limited to the claimant's:
1. Unemployed spouse or civil union partner, that is, a person to whom the claimant is legally married or with whom the claimant is in a civil union; and is a dependent; and/or
2. Dependent unemployed unmarried child, that is, a son, daughter, stepson, stepdaughter, legally adopted son or legally adopted daughter under the age of 19, or under the age of 22 and attending an educational institution as defined in 43:21-19(y)  on a full-time basis.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 7 - DEPENDENCY BENEFITS › Section 12:17-7.3 - Claiming dependents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall declare in writing on an application form or as otherwise prescribed by the Division, dependents claimed within six weeks of the date of claim. The individual shall provide proof of those dependents claimed in a form and manner prescribed by the Division in accordance with 12:17-7.4.
(b) If both unemployed spouses or civil union partners establish initial or transitional claims with benefit years or benefit rights, which are concurrent in any part, only one of those claimants may receive dependency allowance benefits.
(c) If an individual is ineligible to receive dependency benefits because he or she is entitled to the maximum weekly benefit rate, the individual's spouse or civil union partner may declare the same dependent(s) on a claim for benefits.
(d) The death of a claimant during the benefit year of a claim, which includes a dependency allowance shall constitute termination for the assignment of eligible dependent(s) to that claim as of the date of the claimant's death. An unemployed spouse or civil union partner of the deceased claimant may claim a dependency allowance for eligible dependent(s) provided the individual complies with the provisions of this subchapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 7 - DEPENDENCY BENEFITS › Section 12:17-7.4 - Verification and proof of dependency status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who claims a dependent for allowance purposes shall provide to the Division within six weeks from the date of the claim appropriate verification and proof of the declared dependency status, which shall be evidenced by the Federal or State income tax return(s) filed for the tax year immediately preceding the filing of the application for dependency allowance. If the tax return is not a joint return, the individual tax return for the spouse or civil union partner being claimed as a dependent shall be submitted. In the case that the income tax return is not available or insufficient to prove current dependency status, the Division may consider a combination of the following documents to verify the status of claimed dependents: birth, baptismal, marriage, or civil union certificate(s) or certified copies thereof; certified divorce, dissolution, child support, annulment or adoption order(s) or any other legal documents, which verify the status of claimed dependents. The presentation of a birth or baptismal document shall not in and of itself be sufficient to establish dependency status.
(b) If a claimant who is married or in a civil union declares an unemployed spouse or civil union partner as a dependent, the spouse's or civil union partner's Social Security number shall be provided to the appropriate office no later than six weeks from the date of the claim for the purpose of ascertaining whether the spouse or civil union partner is, in fact, unemployed.
(c) An individual who is eligible for unemployment compensation benefits and who upon request by the Division has not yet submitted the required verification and proof of declared dependency status shall be paid only the determined weekly benefit rate, which does not include the dependency allowance based on the declared number of eligible dependents, until the verification and proof requirement has been met.
(d) If the verification and proof requirement is not satisfied within six weeks of the date of claim (eight weeks for interstate claims) the claimant shall be ineligible to receive the dependency allowance benefits for the duration of the claim.
(e) Any individual who is determined by the Division to have illegally received or attempted to receive dependency benefits as a result of any false or fraudulent representation shall be subject to the disqualification and penalty provisions of 43:21-5(g)  and 43:21-16.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.1 - Benefit reduction due to receipt of pension from base period or chargeable employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a pension is received from a base period or chargeable employer, benefits shall be reduced if the pension, retirement or retired pay, annuity, or other similar payment is under a plan maintained or contributed to by such employer.
(b) If the remuneration for services performed for the employer during the base year by the individual does not affect eligibility for, or increase the amount of, the pension, retirement or retired pay, annuity, or similar payment then the individual's unemployment benefits shall not be reduced by the amount of the pension.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.2 - Amount of benefit reduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount of the benefit reduction shall be determined by taking into account contributions made by the individual for the pension, retirement or retired pay, annuity or other similar periodic payment. The following schedule will apply:
1. If such payment is made under a plan to which the individual did not contribute, the weekly and maximum amount of benefits payable to the individual shall be reduced by an amount equal to the amount of the pension, retirement or retired pay, annuity or other payment which is reasonably attributable to such week provided that the reduced weekly benefit amount shall be computed to the next lower multiple of $ 1.00 if not already a multiple thereof.
2. If such payment is made under a plan to which the employer and individual contributed, the amount of benefits payable to the individual for any week will be reduced by an amount equal to 50 percent of the amount of the pension, retirement or retired pay, annuity, or other payment which is reasonably attributable to such week, provided that the reduced weekly benefit amount shall be computed to the next lower multiple of $ 1.00 if not already a multiple thereof.
3. If such payment is made under a plan to which the individual contributed 100 percent, the amount of benefits payable to the individual for any week shall not be reduced.
4. No reduction in benefits shall be made if the pension, retirement or retired pay, annuity or other similar periodic payment received by the individual is from the Social Security pension to which the individual has made any contribution.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.3 - Lump sum pension reduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In those cases where an individual is the recipient of a lump sum payment from his or her employer in lieu of a periodic payment of a pension, retired or retirement payment, including 401K plans, annuity or other similar periodic payment, the calculation for the reduction of benefits shall be made, consistent with the provisions of 12:17-8.1 and 8.2, by prorating the dollar value of the payment over the life expectancy of the individual at the time of separation from the employer using approved actuarial tables.
(b) The lump sum pension payable to an individual, who is involuntarily and permanently separated from employment prior to the date at which the individual may retire with full pension rights, shall be assigned to the week in which the individual receives the lump sum payment or, at the claimant's option, may be prorated pursuant to (a) above.
1. For purposes of this subsection, the term "involuntarily," when used to describe an individual's separation from employment, shall mean both those instances when an individual has been discharged from employment and those instances when an individual has left work voluntarily with good cause attributable to such work, as the phrase "good cause attributable to such work" is used within 43:21-5.
2. For purposes of this subsection, the phrase "date at which the individual may retire with full pension rights" shall mean the date upon which the claimant has attained the age at which the Internal Revenue Code provides that an individual's receipt of a distribution from a qualified retirement plan is not subject to a 10 percent additional early distribution tax as defined in 26 U.S.C. §
											72(t)(2)(A)(i).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.4 - Constructive receipt of pension, retroactive receipt of pension and rollovers of pension distributions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A reduction in benefits shall be made as of the first calendar week commencing after the claimant is given constructive receipt of a retirement pension award. Constructive receipt occurs when an individual has applied for a payment or benefit covered by section 3304(a)(15) of the Federal Unemployment Tax Act, 26 U.S.C. §§
										3301 et seq. and is notified in writing that it has been determined by responsible authorities that he or she is entitled to such payment or benefit in specified amounts for the same period that unemployment compensation is payable.
(b) Notwithstanding (a) above, an individual who receives a retroactive pension payment shall be subject to benefit reduction as of the first calendar week commencing after the effective date of pension entitlement as provided in this subchapter for any week he or she also received unemployment benefits and shall be liable to refund any resulting overpayment of benefits.
(c) There will be no reduction of benefits where there is a transfer of an eligible rollover distribution from a qualified trust to an eligible retirement plan (as defined under section 402(c)(8) of the Internal Revenue Code of 1986), if all the requirements of section 402 of the Internal Revenue Code are met within 60 days of receipt by the individual.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.5 - Reduction of benefits due to earned income

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual's eligibility for weekly benefits shall be reduced by an amount equal to any wages or remuneration, including remuneration from casual work, received in excess of 20 percent of the individual's weekly benefit rate.
(b) For purposes of the subchapter, "wages" means remuneration paid by employers for employment, including "in kind" payments as provided in 12:16-4.8. If a worker receives gratuities regularly in the course of employment from other than the employer, his or her wages shall also include the gratuities received if reported in writing to the employer in accordance with the rules of the Division at 12:16-4.9. If gratuities are not reported, the individual's "wages" shall be determined in accordance with the minimum wage rates prescribed under any labor law or regulation of this State or of the United States, or the amount of remuneration actually received by the employee from the employer, whichever is higher.
(c) "Remuneration" means all compensation for personal services, including commissions and bonuses and the cash value of all compensation in any medium other than cash, including "in kind" payments as provided 12:16-4.8.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.6 - Disqualification for benefits for remuneration in lieu of notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual receiving remuneration in lieu of notice is disqualified for benefits and the claim for benefits is invalid because the claimant is considered not unemployed. Notwithstanding any provision of this subsection, an individual who receives remuneration in lieu of notice for a period less than a calendar week may be eligible for partial benefits for such week.
(b) An individual shall be disqualified for benefits for any week for which he or she receives remuneration in lieu of notice. Such payment shall be deemed to be in lieu of notice if:
1. The remuneration, in fact, is in place of the employer's giving notice to the employee that he or she is being terminated and the employer is legally required or has an established custom of providing such payment, or
2. The payments are made to individuals in accordance with the Federal Worker Adjustment and Retraining Notification Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.7 - Severance or separation pay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of this subchapter, "severance or separation pay" shall mean any lump sum payment or periodic payment made to an individual by an employer at termination under contract or obligation or by custom which is based on past services performed for the employer.
(b) The receipt of severance or separation pay in periodic payments or in a lump sum shall not be a bar to eligibility for unemployment benefits. However, the payments do not extend the individual's employment period and such weeks and payments may not be used to establish or increase his or her monetary eligibility for benefits for any claim filed after the period for which they are made.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.8 - Salary continuation through date of termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer may elect to continue wage or salary payments and forego the services normally performed by the employee through the date of termination provided for by contract or other agreement. A claim filed by an individual receiving such payments shall be invalid and he or she shall be ineligible for benefits through the date of termination of contract or other agreement. However, salary continuation payments may be used to establish a claim for benefits after the period for which the individual has received such payments.
(b) An employee who receives a lump sum payment shall be considered to be employed and ineligible for benefits through the date of termination of contract or other agreement in accordance with (a) above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.9 - Receipt of residuals

Current through Register Vol. 56, No. 14, July 15, 2024
"Residuals" are deferred payments or commissions usually made to individuals for the reuse of commercial recordings. The receipt of residuals shall not be a bar to eligibility for unemployment benefits. These payments do not extend the individual's employment period and such weeks and payments may not be used to establish or increase his or her monetary eligibility for benefits for any claim filed after the period for which they are made.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.10 - Vacation and holiday pay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who voluntarily takes a vacation is ineligible for benefits as the individual is unavailable for work. "Vacation" means a period of absence from work taken voluntarily by the employee with the employer's consent and with the intention of not working.
(b) Where a union or employment contract calls for a vacation or holiday period with pay and permits the employer to close its operations for a specified period, the employees shall be ineligible for benefits. However, any employee who does not receive pay for the contractual vacation period or any part thereof may receive unemployment benefits if otherwise eligible.
(c) The receipt of a lump sum payment at termination representing unused accrued vacation leave is not a bar to the receipt of unemployment benefits.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.11 - Sick leave pay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who receives periodic sick leave payments from an employer is considered employed and is ineligible for unemployment benefits because the claim is invalid.
(b) When an individual's employment is terminated, any lump sum payment of unused accrued sick leave is not a bar to the receipt of unemployment benefits.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 8 - REDUCTION OF BENEFITS BY RETIREMENT IN PENSION INCOME AND OTHER EARNED INCOME › Section 12:17-8.12 - Pay for work as a board worker for a county board of elections on an election day

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of eligibility for unemployment insurance benefits, an unemployed individual, who is otherwise eligible for benefits, shall not be deemed unavailable for work or ineligible solely by reason of the individual's work as a board worker for a county board of election on an election day.
(b) An individual's eligibility for unemployment insurance benefits shall not be affected, and the amount of benefits received by the individual shall not be reduced, as result of election day work at the polls.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.1 - Disqualification for voluntarily leaving-general principles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall be disqualified for benefits for the week in which he or she has left work voluntarily without good cause attributable to such work, and for each week thereafter until the individual becomes reemployed and works eight weeks in employment, which may include employment for the Federal government, and has earned in employment at least 10 times the individual's weekly benefit rate, as determined in each case. See
43:21-5(a)
.
(b) For the purpose of this subchapter, "good cause attributable to such work" means a reason related directly to the individual's employment, which was so compelling as to give the individual no choice but to leave the employment.
(c) The burden of proof is on the claimant to establish good cause attributable to such work for leaving.
(d) An individual who leaves work for several reasons, one of which constitutes good cause attributable to such work, shall not be disqualified for benefits.
(e) An individual's separation from employment shall be reviewed as a voluntarily leaving work issue where the separation was for the following reasons including, but not limited to:
1. Lack of transportation;
2. Care of children or other relatives;
3. School attendance;
4. Self-employment;
5. Lack of housing;
6. Relocating to another area for personal reasons;
7. Relocating to another area to accompany a spouse, a civil union partner, or other relatives;
8. Voluntary retirement;
9. To accept other work; or
10. Incarceration.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.2 - Voluntarily leaving secondary part-time employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A worker, who is employed by two or more employers, one of which is full-time work and the other(s) part-time work, who is separated from the full-time employment and becomes eligible for benefits, and subsequently voluntarily leaves the part-time employment, shall be subject to a partial disqualification for voluntarily leaving the part-time employment. An individual may avoid partial disqualification if he or she can establish good cause attributable to such work as defined in
12:17-9.1(b)
. The partial disqualification amount is determined by dividing the total part-time earnings during the eight-week period immediately preceding the week in which the separation occurred by the total number of weeks the individual worked in that part-time employment during the eight-week period. The partial earnings amount is then deducted from the partial weekly benefit amount. The partial disqualification shall remain in effect until the individual becomes reemployed and works eight weeks in employment, which may include employment for the Federal government, and he or she has earned in employment 10 times the individual's weekly benefit rate, as determined in each case.
1. An individual, who leaves part-time employment and, without prior knowledge, is subsequently separated from full-time employment, shall not be disqualified for leaving the part-time employment.
2. Personal reasons for leaving part-time employment which arise from the loss of the full-time employment may constitute good cause attributable to such work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.3 - Voluntary leaving for health or medical reasons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who leaves work because of a disability which has a work-connected origin is not subject to disqualification for voluntarily leaving work, provided there was no other suitable work available which the individual could have performed within the limits of the disability.
(b) An individual who leaves a job due to a physical and/or mental condition or state of health which does not have a work-connected origin but is aggravated by working conditions will not be disqualified for benefits for voluntarily leaving work without good cause "attributable to such work," provided there was no other suitable work available which the individual could have performed within the limits of the disability. When a non-work connected physical and/or mental condition makes it necessary for an individual to leave work due to an inability to perform the job, the individual shall be disqualified for benefits for voluntarily leaving work.
(c) Notwithstanding (b) above, an individual who has been absent because of a personal illness or physical and/or mental condition shall not be subject to disqualification for voluntarily leaving work if the individual has made a reasonable effort to preserve his or her employment, but has still been terminated by the employer. A reasonable effort is evidenced by the employee's notification to the employer, requesting a leave of absence or having taken other steps to protect his or her employment.
(d) When an individual leaves work for health or medical reasons, medical certification shall be required to support a finding of good cause attributable to work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.4 - Voluntary leaving for health or safety conditions

Current through Register Vol. 56, No. 14, July 15, 2024
An individual shall not be disqualified for benefits for voluntarily leaving work if he or she can establish that working conditions are so unsafe, unhealthful, or dangerous as to constitute good cause attributable to such work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.5 - Voluntary leaving work prior to imminent layoff or discharge

Current through Register Vol. 56, No. 14, July 15, 2024
If an individual leaves work after he or she is notified by the employer of an impending layoff or discharge, he or she shall be subject to disqualification for benefits unless the individual will be separated within 60 days. For purposes of this section, imminent layoff or discharge is one in which the individual will be separated within 60 days.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.6 - Voluntary leaving work - trailing spouse or civil union partner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No otherwise eligible individual shall be denied benefits for any week in which the individual left work voluntarily and without good cause attributable to the work, if the individual left work to accompany his or her spouse or civil union partner who is an active member of the United States Armed Forces, as defined in 38A:1-1(g), to a new place of residence outside the State, due to the armed forces member's transfer to a new assignment in a different geographical location outside the State, provided that the following requirements are also met:
1. The otherwise eligible individual moves to the new place of residence not more than nine months after the spouse or civil union partner is transferred; and
2. Upon arrival at the new place of residence, the otherwise eligible individual is in all respects available for suitable work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.7 - Discharge after giving notice of resignation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an individual gives the employer notice of resignation and the employer subsequently terminates the individual's employment prior to the effective date of the notice, the individual's separation shall be reviewed as a voluntarily leaving work issue as of the effective date of the resignation. However, the individual may receive benefits up to the date of resignation, if otherwise eligible.
(b) If the discharge in (a) above was the result of misconduct connected with the work, in addition to the voluntary leaving disqualification, the claimant will be subject to disqualification for misconduct connected with the work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.8 - Assignment of work under a union contract

Current through Register Vol. 56, No. 14, July 15, 2024
If a union contract provides that a worker may be assigned other work when there is a lack of work in the worker's usual occupation, such assignment does not constitute an offer of new work since this change in duties is covered by the terms of the existing contract. If separated from employment for this reason, the employee shall be disqualified for benefits for voluntarily leaving work without good cause attributable to such work.