23-771. Eligibility for benefits
A. An unemployed individual shall be eligible to receive benefits with respect to
any week only if the department finds that the individual:
1. Has registered for work at and thereafter has continued to report at an
employment office in accordance with such regulations as the department prescribes.
2. Has made a claim for benefits in accordance with section 23-772.
3. Is able to work.
4. Is available for work.
5. Has been unemployed for a waiting period of one week. A week shall not be
counted as a week of unemployment for the purpose of this paragraph:
(a) Unless it occurs within the benefit year that includes the week with respect to
which the individual claims payment of benefits.
(b) Unless the individual was eligible for benefits with respect thereto as
provided in this section and sections 23-775 through 23-777.
(c) If benefits have been paid in respect thereto.
6. Has met one of the following requirements:
(a) Has been paid wages for insured work during the individual's base period equal
to at least one and one-half times the wages paid to the individual in the calendar
quarter of the individual's base period in which such wages were highest, and the
individual has been paid wages for insured work in one calendar quarter of the
individual's base period equal to at least one thousand five hundred dollars.
(b) Has for a benefit year beginning on or after September 2, 1984, been paid wages
for insured work during at least two quarters of the individual's base period and the
amount of such wages paid in one quarter would be sufficient to qualify the individual
for the maximum weekly benefit amount payable under this chapter and the total of the
individual's base-period wages is equal to or greater than the taxable limit as specified
in section 23-622, subsection B, paragraph 1.
7. Following the beginning date of a benefit year established under this chapter or
the unemployment compensation law of any other state and prior to the effective date of a
subsequent benefit year under this chapter, has performed services whether or not in
employment as defined in section 23-615 for which wages were payable in an amount equal
to or in excess of eight times the weekly benefit amount for which the individual is
otherwise qualified under section 23-779. In making a determination under this paragraph
the department shall use information available in its records or require the individual
to furnish necessary information within thirty days from the date notice is given that
such information is required.
B. If an unemployed individual cannot establish a benefit year as defined in
section 23-609 due to receipt during the base period of compensation for a temporary
total disability pursuant to chapter 6 of this title, or any similar federal law, the
individual's base period shall be the first four of the last five completed calendar
quarters immediately preceding the first day of the calendar week in which the disability
began. Wages previously used to establish a benefit year may not be reused. This
subsection does not apply unless all of the following occur:
1. The individual has filed a claim for benefits not later than the fourth calendar
week of unemployment after the end of the period of disability.
2. The claim is filed within two years after the period of disability begins.
3. The individual meets the requirements of subsection A of this section.
4. The individual has attempted to return to the employment where the temporary
total disability occurred.
C. If an unemployed individual is a member of the national guard or other reserve
component of the United States armed forces, the individual shall not be considered to be
either employed or unavailable for work by reason of the individual's participation in
drill, training or other national guard or reserve activity that occurs on not more than
one weekend per month or in lieu of a weekend drill or the equivalent.
D. The department shall not disqualify an individual from receiving benefits under
this chapter on the basis of the individual's separation from employment if the
individual is a victim of domestic violence and leaves employment due to a documented
case of a domestic violence offense as defined in section 13-3601 or 13-3601.02.
Benefits paid to an individual pursuant to this subsection shall not be charged against
an employer's account pursuant to section 23-727, subsection G.
E. For the purposes of subsection A, paragraph 6 of this section, wages shall be
counted as "wages for insured work" for benefit purposes with respect to any benefit year
only if that benefit year begins subsequent to the date on which the employing unit by
which those wages were paid has become an employer subject to this chapter.
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