reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-060 - Under what circumstances is an educational employee entitled to retroactive payments of unemployment benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) A nonprofessional employee who is denied
				unemployment benefits pursuant to
				RCW
				   50.44.050 can receive a retroactive payment
				of unemployment benefits if:
(a) The employee
				filed a timely claim for benefits for each week claimed;
(b) Benefits were originally denied for that
				week solely pursuant to
				RCW
				   50.44.050 because the employee received a
				reasonable assurance of future work; and
(c) Despite the reasonable assurance of
				future work, work was not actually available in the ensuing academic year or
				term.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-100 - What is the purpose of the referral union program?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   50.20.010(1)(c) requires
				individuals who receive unemployment benefits to actively look for work using
				customary trade practices. They must also be able to work and available for
				work. In some trades, labor unions refer members to job openings in that labor
				market. The referral union program is a way for unions to help its members find
				work and to give eligibility information about its members to the department
				when requested. When an individual is a member of a union in the referral union
				program, the individual's job search must follow the union's dispatch
				rules.
(2) The term "union" means a
				bona fide labor organization formed to negotiate with employers, on behalf of
				workers collectively, about job related issues such as salary, benefits, hours,
				and working conditions. A "referral union" means a union that refers its
				members to jobs by referral or dispatch.
(3) A union must apply with and be approved
				by the department to join the referral union program.
(4) To be eligible to join the referral union
				program:
(a) The union must have a
				constitution, bylaws, or working rules that prohibit its members from seeking
				work in the industry on their own; or
(b) Members are permitted to seek work in the
				industry on their own but at least fifty percent of the union members eligible
				for dispatch who got a job during the most recent completed calendar year did
				so through referral or dispatch by the union.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-105 - May all individuals on a union dispatch list participate in the referral union program?

Current through Register Vol. 24-14, July 15, 2024
No. Participation in the referral union program is limited to
				  persons who are eligible for dispatch by the union and actively seeking
				  dispatch. The union must meet the requirements of WAC
				  192-210-100.
(1)
Qualified referral unions.
A
				referral union that does not meet the requirements of WAC
				192-210-100(4) is called a "qualified referral union." A qualified referral union is one that
				permits its members to look for work in the covered industry
and,
during the most recent calendar year, fewer than fifty percent of the union
				membership eligible for dispatch obtained employment through their union's
				referral program. Qualified referral unions are not part of the referral union
				program. However, a contact with the qualified referral union for a specific
				job counts as one of the three job search contacts required by
				RCW
				   50.20.240. For the remaining contacts, the
				person must search for work on his or her own.
(2)
Eligible for dispatch.
For
				purposes of this chapter, an individual is eligible for dispatch if he or she
				meets the minimum requirements for the job being filled, including having any
				license or certificate required for that occupation.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.20.010. 07-01-038, §
											192-210-105, filed 12/12/06,
					 effective 1/12/07.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-110 - What are the requirements for unions in the referral union program?

Current through Register Vol. 24-14, July 15, 2024
(1)
Application.
The union's application for participation in the
				referral union program is subject to approval by the department. By submitting
				a signed application, the union agrees to:
(a) When requested, tell the department
				whether a person is a member of the union, eligible for dispatch or referral,
				and complying with union dispatch and referral rules;
(b) Advise its members that their eligibility
				for unemployment benefits may be affected if they are not available for
				suitable work as defined by
				RCW
				   50.20.100 or
				50.20.110 and that, when
				requested, any failure to do so will be reported to the department;
(c) Advise its members that any refusal of
				dispatch or referral by the union to suitable work may affect the claimant's
				eligibility for unemployment benefits and, when requested, will be reported to
				the department, even if refusal is permitted under union rules; and
(d) When requested, provide the department
				other records that will help the department decide if an individual is
				available for work and actively seeking work, as long as disclosure of this
				information does not violate state or federal law.
The department will make the requests described in this
				  subsection as needed to confirm the reliability of the referral union
				  program.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-115 - How does membership in a referral union impact a claimant's eligibility for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1)
Job search.
If you are a member of a union that has been approved
				for the referral union program, the department will accept this as meeting the
				job search requirements of
				RCW
				   50.20.010(1)(c). This means
				that you are not required to look for work on your own as long as you meet the
				requirements of WAC
				192-210-120.
(2)
Union membership.
Membership
				in a referral union means journeymen, apprentices, members in travel status as
				allowed by union guidelines, and those eligible for dispatch and actively
				seeking dispatch for suitable work.
(3)
Violation of union rules.
You are not required to take an action that violates your union rules or places
				your union standing in jeopardy as a condition of receiving unemployment
				benefits.
(4)
Removal from
				program.
The department will remove you from the referral union program
				if you do not meet the requirements of WAC
				192-210-120. You will be directed
				to look for work on your own, outside the union dispatch or referral process.
				You may also be denied benefits for any week(s) in which we decide you were not
				available for work.
(5)
Extended benefits.
This section does not apply if you are
				receiving extended benefits. You must meet the job search requirements listed
				in WAC 192-240-030.
(6)
Union verification.
The
				department will ask the union to verify that you are eligible for dispatch and
				actively seeking suitable work through the union. This will be done when you
				file a new application for unemployment benefits, reopen an existing
				unemployment claim, and at times while you are in continuous claim status.
				While you are in continuous claim status, the department will also ask your
				union to report whether you refused an offer of suitable work during the period
				in question.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.20.010. 07-01-038, §
											192-210-115, filed 12/12/06,
					 effective 1/12/07.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-120 - What are the requirements for individuals participating in the referral union program?

Current through Register Vol. 24-14, July 15, 2024
(1)
Eligibility.
You are eligible for the program if you are
				registered with the union, eligible for dispatch, and you are:
(a) Immediately available for dispatch or
				referral as required by the union; and
(b) Actively seeking, willing and able to
				accept any suitable work as defined in
				RCW
				   50.20.100 and
				50.20.110 that is offered through
				the union dispatch or referral process.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-125 - What information is the department responsible for providing to participating unions?

Current through Register Vol. 24-14, July 15, 2024
The department will:
(1) Notify the union of changes in laws,
				rules, or policy that impact the referral union program; and
(2) Upon request, provide training to the
				designated contact person or other union staff on the requirements they must
				meet to participate in the referral union program.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.20.010. 07-01-038, §
											192-210-125, filed 12/12/06,
					 effective 1/12/07.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-210 - Special category occupations › Section 192-210-200 - Professional athletes - RCW 50.20.113

Current through Register Vol. 24-14, July 15, 2024
(1) A professional athlete is not eligible
				for benefits during the period between two successive sports seasons when
				substantially all of his or her base period wages were earned through
				participation in professional sports or athletic events and the individual has
				reasonable assurance of returning to professional sports during the next
				season.
(2) Definitions: For
				purposes of this section:
(a) "Substantially
				all" means ninety percent of the individual's base period wages were earned in
				professional sports.
(b)
				"Professional athlete" includes:
(i) A
				regular player or team player;
(ii)
				An alternate player;
(iii) An
				individual in training to become a regular player or team player; and
(iv) An individual who, although not
				performing active sports, is retained as a player or team member while
				recuperating from illness or disability.
"Professional athlete" does not include ancillary personnel
				  such as managers, coaches, and trainers involved with the team or sporting
				  event.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-010 - Will I be notified about a potential overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) If a potential overpayment exists, the
				department will provide you with a written overpayment advice of rights
				explaining the following:
(a) The reasons you
				may have been overpaid;
(b) The
				amount of the possible overpayment as of the date the notice is sent;
(c) The fact that the department will collect
				overpayments as provided in WAC
				192-230-100;
(d) The fact that final overpayments are
				legally enforceable debts which must be repaid whether or not you are claiming
				unemployment benefits;
(e) The fact
				that these debts can be the basis for warrants which can result in liens,
				notices to withhold and deliver personal properties, possible sale of real and
				personal properties, and garnishment of salaries;
(f) An explanation that if you are not at
				fault, you may request a waiver of the overpayment; and
(g) A statement that you have five working
				days plus reasonable mailing time, if any, to submit information about the
				possible overpayment and whether you are at fault. If you do not provide the
				information within this time frame, the department will make a decision based
				on available information about the overpayment and your eligibility for
				waiver.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-015 - What is an overpayment assessment?

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter and chapter 192-230 WAC, the term
				  "overpayment assessment" includes both unemployment benefits you received for
				  which you were not eligible as well as any penalty assessed under
				  RCW
				     50.20.070 resulting from
				  fraud.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040, and
					 50.20.010. 07-23-128, §
											192-220-015, filed 11/21/07,
					 effective 1/1/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-017 - Am I required to repay the overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) You
				must repay the full amount of the overpayment, even if you are not at fault,
				unless you are granted a waiver. (See also WAC
				192-230-110.) A waiver means you
				do not have to repay the overpayment.
(2) Except as provided in subsection (3) of
				this section, you are potentially eligible for a waiver of an overpayment when
				it would be against equity and good conscience for the department to require
				you to repay the full amount.
(3)
				You are not eligible for a waiver when:
(a)
				You are at fault for the overpayment;
(b) The overpayment is the result of a
				discharge for misconduct or gross misconduct (see
				RCW
				   50.20.066(5)), unless the
				discharge occurred during the time period beginning on February 2, 2020, and
				ending on September 4, 2021;
(c)
				The overpayment decision was issued by a state other than Washington;
				or
(d) The overpayment is for
				disaster unemployment assistance benefits paid under Section 401 of the Robert
				T. Stafford Disaster Relief and Emergency Assistance Act.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-018 - Blanket overpayment waivers for federally funded pandemic era benefits

Current through Register Vol. 24-14, July 15, 2024
The department will waive overpayments for federally funded
				  benefits when:
(1) The individual
				answered "no" to being able to work and available for work and:
(a) The state paid Pandemic Unemployment
				Assistance, Federal Pandemic Unemployment Compensation, or Pandemic Emergency
				Unemployment Compensation without adjudicating the eligibility issue;
(b) Upon requesting additional information
				from the individual, the individual either did not respond or the individual
				confirmed that they were not able to work nor available for work for the week
				in question; and
(c) The paid
				benefits resulted in an overpayment for that week.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-020 - When does the department consider me at fault for an overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will decide if you are at fault for an overpayment based on information
				provided by you and your employer and from information contained in the
				department's records. You will be considered at fault:
(a) When the overpayment is the result of
				fraud, misrepresentation, or willful nondisclosure; or
(b) When all of the following three elements
				are present:
(i) You were paid benefits in an
				amount greater than you were entitled to receive and you kept those benefits;
				and
(ii) You provided incorrect
				information, did not disclose information which you should have provided, or
				you caused another person to fail to disclose information; and
(iii) You had notice that the information
				should have been reported including, but not limited to, written communications
				from the department such as the unemployment claims kit and
				directives.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-030 - What does equity and good conscience mean in regard to overpayment waiver decisions? - RCW 50.20.190(2)

Current through Register Vol. 24-14, July 15, 2024
(1)
				"Equity and good conscience" means fairness as applied to a given set of
				circumstances.
(2) It will be
				against equity and good conscience to deny waiver when repayment of the
				overpayment would deprive you of income required to provide for basic
				necessities including food, shelter, medicine, utilities, and related expenses.
				Unless there are unusual circumstances which would argue against waiver, the
				department will presume repayment would leave you unable to provide basic
				necessities if your total household resources in relation to household size do
				not exceed seventy percent of the Lower Living Standard Income Level (LLSIL)
				and circumstances are not expected to change within the next ninety
				days.
(3) The department may also
				consider, but is not limited to, the following factors in determining whether
				waiver should be granted for reasons of equity and good conscience:
(a) Your general health, including
				disability, competency, and mental or physical impairment;
(b) Your education level, including
				literacy;
(c) Whether you are
				currently employed and your history of unemployment;
(d) Your future earnings potential based on
				your occupation, skills, and the local labor market;
(e) Your marital status and number of
				dependents, including whether other household members are employed;
(f) Whether an error by department staff
				contributed to the overpayment;
(g)
				Whether you refused or were ineligible for other government benefits because
				you received unemployment benefits; and
(h) Other factors indicating that repayment
				of the full amount would cause you undue economic, physical, or mental
				hardship.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-045 - How is the fraud penalty calculated? - RCW 50.20.070

Current through Register Vol. 24-14, July 15, 2024
(1) The department will assess the penalty
				established under
				RCW
				   50.20.070 for fraud based on a percentage of
				benefits paid for those weeks in which the fraud occurred or that were paid as
				a result of fraud. The penalty will not apply to other weeks that may be
				included in the same eligibility decision.
(a)
				For a first occurrence, the penalty is fifteen percent of benefits
				overpaid.
(b) For a second
				occurrence, the penalty is twenty-five percent of benefits overpaid.
(c) For a third or subsequent occurrence, the
				penalty is fifty percent of benefits overpaid.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-050 - Will I receive a decision if a fraud penalty changes following a redetermination or appeal of another fraud decision?

Current through Register Vol. 24-14, July 15, 2024
(1) The department will send a new decision
				showing the corrected disqualification period and penalty if a disqualification
				period or penalty changes because of a change to another fraud decision
				following a redetermination or appeal.
Example 1: A first occurrence of fraud is assessed on June 1
				  and a second occurrence is assessed on July 10. The June 1 fraud assessment is
				  overturned through appeal, making the July 10 decision the first occurrence.
				  The department will issue a correction to the July 10 decision showing the
				  penalty for a first occurrence of fraud (twenty-six week disqualification and a
				  fifteen percent dollar penalty).
Example 2: A decision assessing a first occurrence of fraud
				  is sent on August 1 and benefits are denied for the following twenty-six weeks
				  and a fifteen percent penalty is assessed. On August 10, another fraud decision
				  is sent which is considered part of the first occurrence and denies benefits
				  for the twenty-six weeks beginning August 1. The fraud included in the August 1
				  decision is overturned through appeal. The August 10 decision remains and the
				  department will issue a correction showing the twenty-six week denial period
				  begins with August 10, the date the second fraud decision is sent.
(2) Although the revised decision
				does not restart the appeal period included in the original decision, you may
				appeal a change in the penalty or period of disqualification.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.20.010. 07-23-128, §
											192-220-050, filed 11/21/07,
					 effective 1/1/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-060 - Will I be notified of my right to appeal the overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will send you and all interested employers information about the overpayment
				assessment and the right to appeal any of the following elements of the
				assessment:
(a) The reason for the
				overpayment.
(b) The amount of the
				overpayment.
(c) The finding of
				fault or nonfault.
(d) The reason
				waiver of the overpayment was allowed or denied.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-070 - Overpayments under RCW 50.12.070 (2) (b)

Current through Register Vol. 24-14, July 15, 2024
You are not required to repay benefits improperly paid to you
				  because an employer failed to correctly report your wages or hours and a later
				  correction results in a lower benefit amount or your claim becomes invalid.
				  However, you remain liable for any overpayment assessment resulting from an
				  eligibility decision issued before your claim became invalid that has become
				  final.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.20.010. 07-23-128, §
											192-220-070, filed 11/21/07,
					 effective 1/1/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-080 - How do I obtain a waiver?

Current through Register Vol. 24-14, July 15, 2024
(1) When a
				decision is issued that creates an overpayment, the department will send you an
				application for waiver if you are potentially eligible.
(2) The waiver application asks for
				information concerning your financial condition and other circumstances which
				will help the department determine if the overpayment should be
				waived.
(3) The financial
				information requested includes documentation for the previous month, current
				month, and following month of your:
(a) Income
				and, to the extent available, the income of other household members who
				contribute financially to the household;
(b) Expenses; and
(c) Readily available liquid assets
				including, but not limited to, checking and savings account balances, stocks,
				bonds, and cash on hand.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-010 - Repayment terms defined

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following definitions
				  apply:
(1)
Outstanding
				balance
means the total of all unpaid overpayment assessments (including
				penalties), court costs, interest charges, and surcharges.
(2)
Due date
means the date by
				which the minimum monthly payment must be received by the department as shown
				on the monthly billing statement.
(3)
Delinquent
means your
				minimum monthly payment is not received by the department on or before the due
				date.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.20.010. 07-23-128, §
											192-230-010, filed 11/21/07,
					 effective 1/1/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-020 - How are cash payments and offsets applied to my overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				department has assessed more than one overpayment against you, we will first
				apply payments against any overpayment involving fraud. If there are multiple
				overpayments involving fraud, we will apply payments in order beginning with
				the oldest benefit year. If none of the overpayments involve fraud, we will
				apply payments in order beginning with the oldest benefit year.
(2) Within the priority established in
				subsection (1) of this section, the department will apply cash payments to the
				outstanding balance in the following order:
(a) Court costs including, but not limited
				to, filing fees and surcharges paid to the court for their official services,
				and surcharges and fees collected by the court for distribution to other
				programs or funds. It does not, however, apply to surcharges paid to the court
				under RCW
				   40.14.027 which are applied under (f) of this
				subsection.
(b) Interest.
(c) Penalties based on fraud.
(d) Charges for payments dishonored by
				nonacceptance or nonpayment.
(e)
				Overpaid benefits.
(f) Surcharge
				assessed under
				RCW
				   40.14.027.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-030 - How is the minimum payment calculated?

Current through Register Vol. 24-14, July 15, 2024
The department will calculate your minimum monthly payment
				  as described in this section, unless we approve another payment amount.
(1) If the overpayment was assessed by
				another state, the department will not calculate a minimum monthly payment. If
				the overpayment is being recovered by offset against future benefits, recovery
				will be done as described in WAC
				192-230-100(4).
(2) For overpayments due to fraud, your
				minimum monthly payment will be the greater of (a) your weekly benefit amount
				or (b) three percent of your outstanding balance when the billing statement is
				sent, rounded down to the next whole dollar amount.
(3) For all other overpayments, your minimum
				monthly payment will be the greater of (a) one-third of your weekly benefit
				amount, (b) three percent of your outstanding balance when the billing
				statement is sent, rounded down to the next whole dollar amount, or (c)
				twenty-five dollars.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.20.010. 07-23-128, §
											192-230-030, filed 11/21/07,
					 effective 1/1/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-040 - When are interest charges added to my overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) Interest will not be charged on an
				overpayment assessed by another state.
(2) Interest will be charged at the rate of
				one percent per month for overpayments based on fraud. The interest will be
				charged on both the overpaid benefits and the fraud penalty, if any. If you
				appeal the finding of fraud, interest will accrue while the appeal is pending
				and will be added to your overpayment if the finding of fraud is
				upheld.
(3) If the overpayment is
				not based on fraud, interest will be charged at the rate of one percent per
				month when any portion of two or more minimum monthly payments is
				delinquent.
(4) In addition to the
				principal amount, interest will accrue based on the total of the overpayment
				including, but not limited to, interest, penalties, court costs, charges for
				dishonored payments, and related charges or fees.
(5) If the overpayment includes both fraud
				and nonfraud weeks, interest will be charged proportionally as described in
				subsections (2) and (3).
(6) In
				unusual circumstances, and at his or her discretion, the commissioner may
				suspend the assessment or collection of interest charges for overpayments not
				based on fraud.
(7) Interest is
				calculated on a monthly cycle as follows:
(a)
				For fraud overpayments, interest accrues beginning on the date the
				determination of fraud is effective.
(b) For nonfraud overpayments, interest
				accrues immediately, beginning after the due date.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-090 - May I repay an overpayment by offset against my benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) You may ask to repay an overpayment by
				offset on a valid benefit year as described in WAC
				192-230-100. If the new balance
				available on your current benefit year is greater than the balance of your
				overpayment, you can choose the amount of benefits to be offset from each
				payment. However, if the new balance available on your current benefit year is
				equal to or less than the balance of an overpayment on that benefit year,
				offset will be done at the rate of one hundred percent.
(2) You may ask to repay overpayments owing
				on prior benefit years by offset as described in WAC
				192-230-100.
(3) During any valid benefit year, the total
				amount of benefits paid to you plus offset credits granted will not exceed the
				maximum benefits payable on the claim.
(4) If offset of an overpayment is granted
				against weeks that are later found to have been paid in error or as a result of
				fraud, the offset for the week(s) will be canceled and the amount will be
				restored to your overpayment balance.
(5) If any portion of this section conflicts
				with federal law or regulations, the federal law or regulations will
				apply.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.20.010. 07-23-128, §
											192-230-090, filed 11/21/07,
					 effective 1/1/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-100 - What amount will be offset from my benefits to repay the overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) If you do not
				repay an overpayment in full or make the minimum monthly payments provided for
				in WAC 192-230-030, the principal amount
				will be deducted from benefits payable for any week(s) you claim. Interest,
				penalties, surcharges, court costs, and charges for dishonored payments will
				not be deducted from benefit payments; they must be repaid.
(2) For overpayments assessed under
				RCW
				   50.20.010 because you asked to have your
				unemployment insurance claim canceled, the amount deducted will be one hundred
				percent of benefits payable for each week(s) you claim. The department will
				ensure you are informed of the advantages and/or disadvantages of canceling an
				existing claim to file a new claim. See WAC 192-110-115.
(3) If you are currently claiming benefits,
				the overpayment will not be offset from future weeks payable unless you have
				missed a portion of two or more payments as provided in WAC
				192-230-030. If you have missed a
				portion of two or more payments, the overpayment will be offset as described in
				(a) and (b) below:
(a) If the overpayment was
				caused by a denial for fraud, misrepresentation, or willful nondisclosure as
				provided in
				RCW
				   50.20.070, the amount deducted will be one
				hundred percent of benefits payable for each week(s) you claim. These
				overpayments will be collected first.
(b) For all other overpayments, the amount
				deducted will be fifty percent of benefits payable for each week you claim, or
				such other percentage you request, up to one hundred percent of benefits
				payable . The percent deducted is based on your total weekly benefit amount,
				before deductions for such items as pensions, child support, income
				taxes.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-110 - May I negotiate with the department to repay less than the full amount of my benefit overpayment?-RCW 50.24.020

Current through Register Vol. 24-14, July 15, 2024
(1) Yes. State law permits the department to
				accept an offer in compromise for less than the full amount owed. For purposes
				of this chapter, an offer in compromise is referred to as a negotiated
				settlement.
(2) Except as provided
				in subsection (4) of this section, a negotiated settlement of the overpayment
				for less than the full amount owed will be considered when to require you to
				repay the full amount would be against equity and good conscience as defined in
				WAC 192-100-015.
(3) In considering settlement offers, the
				emphasis will be on what is financially advantageous to the department. The
				department will consider the costs of collection compared to the amount of the
				overpayment. In doing so, the department may consider such factors as the age
				and amount of the overpayment, the number of prior contacts with you, whether
				you previously made good faith efforts to pay the debt, the tools available to
				enforce collection, and other information relevant to your ability to
				repay.
(4) A negotiated settlement
				for less than the full amount owed will not be considered when:
(a) The overpayment decision was issued by a
				state other than Washington; or
(b)
				The overpayment is for disaster unemployment assistance benefits paid under
				Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance
				Act.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-120 - Will a settlement offer be accepted if my overpayment is the result of fraud, misrepresentation, or willful nondisclosure?

Current through Register Vol. 24-14, July 15, 2024
Except in unusual circumstances, a settlement offer will not
				  be accepted when your overpayment is the result of fraud, misrepresentation, or
				  willful nondisclosure. Unusual circumstances that may warrant a negotiated
				  settlement of the overpayment and associated penalties include, but are not
				  limited to, long-term or terminal illness, severe permanent disability, or
				  other circumstances that seriously impair your long-term ability to generate
				  income.
Statutory Authority:
					 RCW
					 50.12.010, 51.12.040, and
					 50.20.010. 08-21-056, §
											192-230-120, filed 10/9/08,
					 effective 11/9/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-230 - Recovery of overpayments › Section 192-230-130 - How do I make a negotiated settlement offer?

Current through Register Vol. 24-14, July 15, 2024
(1) You may contact the department's
				unemployment benefits collection unit and make an offer to settle the debt for
				less than the full amount owing. Specify the amount you are offering to repay
				and be prepared to provide financial and other information in support of your
				offer. The department may request a credit report to verify the information you
				provide. The department will notify you of its decision to accept or decline
				your offer.
(2) Settlement offers
				may also be made by authorized department staff.
Statutory Authority:
					 RCW
					    50.12.010, 51.12.040, and
					 50.20.010. 08-21-056, §
											192-230-130, filed 10/9/08,
					 effective 11/9/08.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-015 - How to apply for extended benefits

Current through Register Vol. 24-14, July 15, 2024
File your application for extended benefits by using the
				  department's online services or by placing a telephone call to the department.
				  The commissioner can authorize other filing methods in unusual circumstances or
				  for the convenience of the department.
Statutory Authority:
					 RCW
					    50.12.010 and
					 50.12.040. 03-06-038, §
											192-240-015, filed 2/26/03,
					 effective 3/29/03.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-020 - Suitable work provisions - Extended benefits - RCW 50.22.020 (3) and (4)

Current through Register Vol. 24-14, July 15, 2024
(1) An individual
				receiving benefits must be available for suitable work. Except as provided in
				subsection (2), any job is considered suitable if you are receiving extended
				benefits unless:
(a) It is not within your
				capabilities;
(b) The position is
				vacant because of a labor dispute, working conditions are substantially less
				favorable than similar work in the area, or you would be required to join or
				resign from a union or labor organization (see
				RCW
				   50.20.110);
(c) The gross weekly pay is less than your
				weekly benefit amount, plus any supplemental unemployment benefits you receive
				from your former employer; or
(d)
				The job pays less than the higher of the federal or state minimum
				wage.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-025 - Failure to apply for or accept suitable work-RCW 50.22.020 (4)(b)-Extended benefits

Current through Register Vol. 24-14, July 15, 2024
(1) You will be
				denied extended benefits if you fail:
(a) To
				accept any offer of suitable work as defined in WAC
				192-240-020
				if the job was:
(i) Offered to you in
				writing; or
(ii) Listed with the
				department.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-030 - Job search requirements to receive extended benefits - RCW 50.22.020(5)

Current through Register Vol. 24-14, July 15, 2024
(1) To be eligible
				for extended benefits, you must show evidence of a systematic and sustained
				effort to find work. Your efforts must be of a quality and frequency that
				clearly indicate you are making sincere efforts to immediately return to
				gainful employment.
(a) At a minimum, your
				efforts must include at least four job search contacts with employers during
				each week you claim benefits.
(b)
				If you are a registered member of a referral union, you must make three job
				search contacts each week in addition to contacting your union and complying
				with the union's requirements.
(i)
				Registration with another union local can constitute one job search contact if
				you are willing to travel or relocate to accept work in their
				jurisdiction.
(ii) You do not have
				to look for work that would jeopardize your union membership, but must look for
				other work you are capable of doing.
(iii) If you have been identified by the
				department as having good prospects of returning to work within four weeks
				because you have an extremely favorable position on the union out-of-work list,
				contact with your union each week meets the job search requirements of this
				section.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-040 - Penalties

Current through Register Vol. 24-14, July 15, 2024
(1) If you claim
				extended benefits during a week in which you failed to accept any offer of
				work, or failed to accept a referral or apply for any work as directed by the
				department:
(a) Benefits will be denied under
				RCW
				   50.20.080 if the work was suitable as defined
				by RCW
				   50.20.100 and
				50.20.110, and you did not have
				good cause for failing to apply for or accept work;
(b) If benefits are denied as provided in
				subsection (1)(a), you will also be denied benefits as provided in
				RCW
				   50.22.020;
(c) Benefits will be denied under only
				RCW
				   50.22.020 if the work was suitable as
				provided in that statute and WAC
				192-240-020, but did not meet the
				provisions of
				RCW
				   50.20.100 and
				50.20.080.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-045 - Moving to a state in an extended benefit period

Current through Register Vol. 24-14, July 15, 2024
RCW    50.22.030(2) provides that you are only eligible for two weeks of extended benefit payments
				  if you live in a state that is not in an extended benefit period. If you
				  subsequently move to a state that is in an extended benefit period, you may be
				  eligible for further extended benefit payments under
				  RCW
				     50.22.020 beginning with the first full week
				  in which you reside in that state.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 03-06-038, §
											192-240-045, filed 2/26/03,
					 effective 3/29/03.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-060 - What is the priority of payments?

Current through Register Vol. 24-14, July 15, 2024
Any emergency unemployment compensation or any similar
				  federal compensation may be paid before the state extended benefits authorized
				  under chapter 50.22 RCW at the discretion of the
				  commissioner.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040, and
					 50.20.010. 09-24-011, §
											192-240-060, filed 11/20/09,
					 effective 12/21/09.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-240 - Extended benefits › Section 192-240-080 - How much will I receive in extended benefits if my regular weekly benefit amount is increased?

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) If your weekly benefit amount for regular
				unemployment benefits is increased during your benefit year, the maximum amount
				of extended benefits payable will be the lesser of fifty percent of the total
				regular unemployment compensation paid to you for the benefit year or thirteen
				times the average weekly benefit amount paid during your benefit year.
Example: You receive regular unemployment benefits for twenty
				  weeks at $200 and $245 for the remaining six weeks. The maximum benefits
				  payable on your claim is $5,470. Your weekly benefit amount for extended
				  benefits will be $245. The maximum extended benefits payable will be $2,735
				  which is the lesser of fifty percent of $5,470 or thirteen times $222.5 ($200 +
				  $245 divided by 2, the average of both weekly benefit amounts, or
				  $2,892).
(b) When the state
				is in a high unemployment period as defined in
				RCW
				   50.22.010(3), the maximum
				amount of extended benefits payable will be the lesser of eighty percent of the
				total regular unemployment compensation paid to you for the benefit year or
				twenty times the average weekly benefit amount paid during your benefit
				year.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-250 - Shared work program › Section 192-250-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter:
(1) "General economic downturn" means a
				regional slowdown in work within an industry that is not due to factors that
				are typical for the industry or occupation.
(2) "Permanent basis" means an employment
				relationship that is steady, stable, and not intentionally meant to be work of
				a temporary nature.
(3) "Seasonal
				employment" is defined in WAC
				192-100-040.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.60.901. 06-22-004, §
											192-250-005, filed 10/19/06,
					 effective 11/19/06.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-250 - Shared work program › Section 192-250-010 - What is the shared work program and who can participate?

Current through Register Vol. 24-14, July 15, 2024
(1) The shared work
				program is a voluntary program that offers Washington employers an alternative
				to laying off skilled employees during periods of general economic
				downturn.
(2) An employer may
				reduce an employee's usual weekly hours of work from ten to fifty percent and
				the employee can receive the same percentage of unemployment benefits. For
				example, an eligible employee who usually works forty hours each week is
				reduced to thirty hours per week, a reduction of twenty-five percent. The
				employee is eligible to receive twenty-five percent of his or her weekly
				benefit amount, regardless of the wages earned that week.
(3) Both public and private sector employers
				are eligible to participate in the program.
(4) An employer or employers' association
				must submit a signed shared work plan application to the commissioner for
				approval. A plan that meets the approval criteria listed in
				RCW
				   50.60.030 and this chapter will be approved
				for a maximum of fifty-two weeks.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.60.901. 06-22-004, §
											192-250-010, filed 10/19/06,
					 effective 11/19/06.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-250 - Shared work program › Section 192-250-015

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.60.901. 06-22-004, §
											192-250-015, filed 10/19/06,
					 effective 11/19/06.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-250 - Shared work program › Section 192-250-020 - What are the criteria for having a shared work plan approved?

Current through Register Vol. 24-14, July 15, 2024
In addition to the criteria listed in
				  RCW
				     50.60.030, employers must:
(1) Include their ESD number on the plan
				application; and
(2) Designate a
				representative to be a liaison between the department and the employees who
				participate in the shared work plan.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.60.901. 06-22-004, §
											192-250-020, filed 10/19/06,
					 effective 11/19/06.