96.4 REQUIRED FINDINGS.
An unemployed individual shall be eligible to receive benefits
with respect to any week only if the department finds that:
1. The individual has registered for work at and thereafter has
continued to report at an employment office in accordance with such
regulations as the department may prescribe. The provisions of this
subsection shall be waived if the individual is deemed temporarily
unemployed as defined in section 96.19, subsection 38, paragraph
"c".
2. The individual has made a claim for benefits in accordance
with the provisions of section 96.6, subsection 1.
3. The individual is able to work, is available for work, and is
earnestly and actively seeking work. This subsection is waived if
the individual is deemed partially unemployed, while employed at the
individual's regular job, as defined in section 96.19, subsection 38,
paragraph "b", subparagraph (1), or temporarily unemployed as
defined in section 96.19, subsection 38, paragraph "c". The work
search requirements of this subsection and the disqualification
requirement for failure to apply for, or to accept suitable work of
section 96.5, subsection 3, are waived if the individual is not
disqualified for benefits under section 96.5, subsection 1, paragraph
"h".
4. a. The individual has been paid wages for insured work
during the individual's base period in an amount at least one and
one-quarter times the wages paid to the individual during that
quarter of the individual's base period in which the individual's
wages were highest; provided that the individual has been paid wages
for insured work totaling at least three and five-tenths percent of
the statewide average annual wage for insured work, computed for the
preceding calendar year if the individual's benefit year begins on or
after the first full week in July and computed for the second
preceding calendar year if the individual's benefit year begins
before the first full week in July, in that calendar quarter in the
individual's base period in which the individual's wages were
highest, and the individual has been paid wages for insured work
totaling at least one-half of the amount of wages required under this
paragraph in the calendar quarter of the base period in which the
individual's wages were highest, in a calendar quarter in the
individual's base period other than the calendar quarter in which the
individual's wages were highest. The calendar quarter wage
requirements shall be rounded to the nearest multiple of ten dollars.
b. For an individual who does not have sufficient wages in
the base period, as defined in section 96.19, to otherwise qualify
for benefits pursuant to this subsection, the individual's base
period shall be the last four completed calendar quarters immediately
preceding the first day of the individual's benefit year if such
period qualifies the individual for benefits under this subsection.
(1) Wages that fall within the alternative base period
established under this paragraph "b" are not available for
qualifying benefits in any subsequent benefit year.
(2) Employers shall be charged in the manner provided in this
chapter for benefits paid based upon quarters used in the alternative
base period.
c. If the individual has drawn benefits in any benefit year,
the individual must during or subsequent to that year, work in and be
paid wages for insured work totaling at least two hundred fifty
dollars, as a condition to receive benefits in the next benefit year.
5. Benefits based on service in employment in a nonprofit
organization or government entity, defined in section 96.19,
subsection 18, are payable in the same amount, on the same terms and
subject to the same conditions as compensation payable on the same
basis of other service subject to this chapter, except that:
a. Benefits based on service in an instructional, research,
or principal administrative capacity in an educational institution
including service in or provided to or on behalf of an educational
institution while in the employ of an educational service agency, a
government entity, or a nonprofit organization shall not be paid to
an individual for any week of unemployment which begins during the
period between two successive academic years or during a similar
period between two regular terms, whether or not successive, or
during a period of paid sabbatical leave provided for in the
individual's contract, if the individual has a contract or reasonable
assurance that the individual will perform services in any such
capacity for any educational institution for both such academic years
or both such terms.
b. Benefits based on service in any other capacity for an
educational institution including service in or provided to or on
behalf of an educational institution while in the employ of an
educational service agency, a government entity, or a nonprofit
organization, shall not be paid to an individual for any week of
unemployment which begins during the period between two successive
academic years or terms, if the individual performs the services in
the first of such academic years or terms and has reasonable
assurance that the individual will perform services for the second of
such academic years or terms. If benefits are denied to an
individual for any week as a result of this paragraph and the
individual is not offered an opportunity to perform the services for
an educational institution for the second of such academic years or
terms, the individual is entitled to retroactive payments of benefits
for each week for which the individual filed a timely claim for
benefits and for which benefits were denied solely by reason of this
paragraph.
c. With respect to services for an educational institution in
any capacity under paragraph "a" or "b", benefits shall not
be paid to an individual for any week of unemployment which begins
during an established and customary vacation period or holiday recess
if the individual performs the services in the period immediately
before such vacation period or holiday recess, and the individual has
reasonable assurance that the individual will perform the services in
the period immediately following such vacation period or holiday
recess.
d. For purposes of this subsection, "educational service
agency" means a governmental agency or government entity which is
established and operated exclusively for the purpose of providing
educational services to one or more educational institutions.
6. a. An otherwise eligible individual shall not be denied
benefits for any week because the individual is in training with the
approval of the director, nor shall the individual be denied benefits
with respect to any week in which the individual is in training with
the approval of the director by reason of the application of the
provision in subsection 3 of this section relating to availability
for work, and an active search for work or the provision of section
96.5, subsection 3, relating to failure to apply for or a refusal to
accept suitable work. However, an employer's account shall not be
charged with benefits so paid.
b. (1) An otherwise eligible individual shall not be denied
benefits for a week because the individual is in training approved
under 19 U.S.C. § 2296(a), as amended by section 2506 of the federal
Omnibus Budget Reconciliation Act of 1981, because the individual
leaves work which is not suitable employment to enter the approved
training, or because of the application of subsection 3 of this
section or section 96.5, subsection 3, or a federal unemployment
insurance law administered by the department relating to availability
for work, active search for work, or refusal to accept work.
(2) For purposes of this paragraph, "suitable employment"
means work of a substantially equal or higher skill level than an
individual's past adversely affected employment, as defined in 19
U.S.C. § 2319(l), if weekly wages for the work are not less than
eighty percent of the individual's average weekly wage.
7. The individual participates in reemployment services as
directed by the department pursuant to a profiling system,
established by the department, which identifies individuals who are
likely to exhaust benefits and be in need of reemployment services.
96.4 REQUIRED FINDINGS.
An unemployed individual shall be eligible to receive benefits
with respect to any week only if the department finds that:
1. The individual has registered for work at and thereafter has
continued to report at an employment office in accordance with such
regulations as the department may prescribe. The provisions of this
subsection shall be waived if the individual is deemed temporarily
unemployed as defined in section 96.19, subsection 38, paragraph
"c".
2. The individual has made a claim for benefits in accordance
with the provisions of section 96.6, subsection 1.
3. The individual is able to work, is available for work, and is
earnestly and actively seeking work. This subsection is waived if
the individual is deemed partially unemployed, while employed at the
individual's regular job, as defined in section 96.19, subsection 38,
paragraph "b", subparagraph (1), or temporarily unemployed as
defined in section 96.19, subsection 38, paragraph "c". The work
search requirements of this subsection and the disqualification
requirement for failure to apply for, or to accept suitable work of
section 96.5, subsection 3, are waived if the individual is not
disqualified for benefits under section 96.5, subsection 1, paragraph
"h".
4. a. The individual has been paid wages for insured work
during the individual's base period in an amount at least one and
one-quarter times the wages paid to the individual during that
quarter of the individual's base period in which the individual's
wages were highest; provided that the individual has been paid wages
for insured work totaling at least three and five-tenths percent of
the statewide average annual wage for insured work, computed for the
preceding calendar year if the individual's benefit year begins on or
after the first full week in July and computed for the second
preceding calendar year if the individual's benefit year begins
before the first full week in July, in that calendar quarter in the
individual's base period in which the individual's wages were
highest, and the individual has been paid wages for insured work
totaling at least one-half of the amount of wages required under this
paragraph in the calendar quarter of the base period in which the
individual's wages were highest, in a calendar quarter in the
individual's base period other than the calendar quarter in which the
individual's wages were highest. The calendar quarter wage
requirements shall be rounded to the nearest multiple of ten dollars.
b. For an individual who does not have sufficient wages in
the base period, as defined in section 96.19, to otherwise qualify
for benefits pursuant to this subsection, the individual's base
period shall be the last four completed calendar quarters immediately
preceding the first day of the individual's benefit year if such
period qualifies the individual for benefits under this subsection.
(1) Wages that fall within the alternative base period
established under this paragraph "b" are not available for
qualifying benefits in any subsequent benefit year.
(2) Employers shall be charged in the manner provided in this
chapter for benefits paid based upon quarters used in the alternative
base period.
c. If the individual has drawn benefits in any benefit year,
the individual must during or subsequent to that year, work in and be
paid wages for insured work totaling at least two hundred fifty
dollars, as a condition to receive benefits in the next benefit year.
5. Benefits based on service in employment in a nonprofit
organization or government entity, defined in section 96.19,
subsection 18, are payable in the same amount, on the same terms and
subject to the same conditions as compensation payable on the same
basis of other service subject to this chapter, except that:
a. Benefits based on service in an instructional, research,
or principal administrative capacity in an educational institution
including service in or provided to or on behalf of an educational
institution while in the employ of an educational service agency, a
government entity, or a nonprofit organization shall not be paid to
an individual for any week of unemployment which begins during the
period between two successive academic years or during a similar
period between two regular terms, whether or not successive, or
during a period of paid sabbatical leave provided for in the
individual's contract, if the individual has a contract or reasonable
assurance that the individual will perform services in any such
capacity for any educational institution for both such academic years
or both such terms.
b. Benefits based on service in any other capacity for an
educational institution including service in or provided to or on
behalf of an educational institution while in the employ of an
educational service agency, a government entity, or a nonprofit
organization, shall not be paid to an individual for any week of
unemployment which begins during the period between two successive
academic years or terms, if the individual performs the services in
the first of such academic years or terms and has reasonable
assurance that the individual will perform services for the second of
such academic years or terms. If benefits are denied to an
individual for any week as a result of this paragraph and the
individual is not offered an opportunity to perform the services for
an educational institution for the second of such academic years or
terms, the individual is entitled to retroactive payments of benefits
for each week for which the individual filed a timely claim for
benefits and for which benefits were denied solely by reason of this
paragraph.
c. With respect to services for an educational institution in
any capacity under paragraph "a" or "b", benefits shall not
be paid to an individual for any week of unemployment which begins
during an established and customary vacation period or holiday recess
if the individual performs the services in the period immediately
before such vacation period or holiday recess, and the individual has
reasonable assurance that the individual will perform the services in
the period immediately following such vacation period or holiday
recess.
d. For purposes of this subsection, "educational service
agency" means a governmental agency or government entity which is
established and operated exclusively for the purpose of providing
educational services to one or more educational institutions.
6. a. An otherwise eligible individual shall not be denied
benefits for any week because the individual is in training with the
approval of the director, nor shall the individual be denied benefits
with respect to any week in which the individual is in training with
the approval of the director by reason of the application of the
provision in subsection 3 of this section relating to availability
for work, and an active search for work or the provision of section
96.5, subsection 3, relating to failure to apply for or a refusal to
accept suitable work. However, an employer's account shall not be
charged with benefits so paid.
b. (1) An otherwise eligible individual shall not be denied
benefits for a week because the individual is in training approved
under 19 U.S.C. § 2296(a), as amended by section 2506 of the federal
Omnibus Budget Reconciliation Act of 1981, because the individual
leaves work which is not suitable employment to enter the approved
training, or because of the application of subsection 3 of this
section or section 96.5, subsection 3, or a federal unemployment
insurance law administered by the department relating to availability
for work, active search for work, or refusal to accept work.
(2) For purposes of this paragraph, "suitable employment"
means work of a substantially equal or higher skill level than an
individual's past adversely affected employment, as defined in 19
U.S.C. § 2319(l), if weekly wages for the work are not less than
eighty percent of the individual's average weekly wage.
7. The individual participates in reemployment services as
directed by the department pursuant to a profiling system,
established by the department, which identifies individuals who are
likely to exhaust benefits and be in need of reemployment services.
96.4 REQUIRED FINDINGS.
An unemployed individual shall be eligible to receive benefits
with respect to any week only if the department finds that:
1. The individual has registered for work at and thereafter has
continued to report at an employment office in accordance with such
regulations as the department may prescribe. The provisions of this
subsection shall be waived if the individual is deemed temporarily
unemployed as defined in section 96.19, subsection 38, paragraph
"c".
2. The individual has made a claim for benefits in accordance
with the provisions of section 96.6, subsection 1.
3. The individual is able to work, is available for work, and is
earnestly and actively seeking work. This subsection is waived if
the individual is deemed partially unemployed, while employed at the
individual's regular job, as defined in section 96.19, subsection 38,
paragraph "b", subparagraph (1), or temporarily unemployed as
defined in section 96.19, subsection 38, paragraph "c". The work
search requirements of this subsection and the disqualification
requirement for failure to apply for, or to accept suitable work of
section 96.5, subsection 3, are waived if the individual is not
disqualified for benefits under section 96.5, subsection 1, paragraph
"h".
4. a. The individual has been paid wages for insured work
during the individual's base period in an amount at least one and
one-quarter times the wages paid to the individual during that
quarter of the individual's base period in which the individual's
wages were highest; provided that the individual has been paid wages
for insured work totaling at least three and five-tenths percent of
the statewide average annual wage for insured work, computed for the
preceding calendar year if the individual's benefit year begins on or
after the first full week in July and computed for the second
preceding calendar year if the individual's benefit year begins
before the first full week in July, in that calendar quarter in the
individual's base period in which the individual's wages were
highest, and the individual has been paid wages for insured work
totaling at least one-half of the amount of wages required under this
paragraph in the calendar quarter of the base period in which the
individual's wages were highest, in a calendar quarter in the
individual's base period other than the calendar quarter in which the
individual's wages were highest. The calendar quarter wage
requirements shall be rounded to the nearest multiple of ten dollars.
b. For an individual who does not have sufficient wages in
the base period, as defined in section 96.19, to otherwise qualify
for benefits pursuant to this subsection, the individual's base
period shall be the last four completed calendar quarters immediately
preceding the first day of the individual's benefit year if such
period qualifies the individual for benefits under this subsection.
(1) Wages that fall within the alternative base period
established under this paragraph "b" are not available for
qualifying benefits in any subsequent benefit year.
(2) Employers shall be charged in the manner provided in this
chapter for benefits paid based upon quarters used in the alternative
base period.
c. If the individual has drawn benefits in any benefit year,
the individual must during or subsequent to that year, work in and be
paid wages for insured work totaling at least two hundred fifty
dollars, as a condition to receive benefits in the next benefit year.
5. Benefits based on service in employment in a nonprofit
organization or government entity, defined in section 96.19,
subsection 18, are payable in the same amount, on the same terms and
subject to the same conditions as compensation payable on the same
basis of other service subject to this chapter, except that:
a. Benefits based on service in an instructional, research,
or principal administrative capacity in an educational institution
including service in or provided to or on behalf of an educational
institution while in the employ of an educational service agency, a
government entity, or a nonprofit organization shall not be paid to
an individual for any week of unemployment which begins during the
period between two successive academic years or during a similar
period between two regular terms, whether or not successive, or
during a period of paid sabbatical leave provided for in the
individual's contract, if the individual has a contract or reasonable
assurance that the individual will perform services in any such
capacity for any educational institution for both such academic years
or both such terms.
b. Benefits based on service in any other capacity for an
educational institution including service in or provided to or on
behalf of an educational institution while in the employ of an
educational service agency, a government entity, or a nonprofit
organization, shall not be paid to an individual for any week of
unemployment which begins during the period between two successive
academic years or terms, if the individual performs the services in
the first of such academic years or terms and has reasonable
assurance that the individual will perform services for the second of
such academic years or terms. If benefits are denied to an
individual for any week as a result of this paragraph and the
individual is not offered an opportunity to perform the services for
an educational institution for the second of such academic years or
terms, the individual is entitled to retroactive payments of benefits
for each week for which the individual filed a timely claim for
benefits and for which benefits were denied solely by reason of this
paragraph.
c. With respect to services for an educational institution in
any capacity under paragraph "a" or "b", benefits shall not
be paid to an individual for any week of unemployment which begins
during an established and customary vacation period or holiday recess
if the individual performs the services in the period immediately
before such vacation period or holiday recess, and the individual has
reasonable assurance that the individual will perform the services in
the period immediately following such vacation period or holiday
recess.
d. For purposes of this subsection, "educational service
agency" means a governmental agency or government entity which is
established and operated exclusively for the purpose of providing
educational services to one or more educational institutions.
6. a. An otherwise eligible individual shall not be denied
benefits for any week because the individual is in training with the
approval of the director, nor shall the individual be denied benefits
with respect to any week in which the individual is in training with
the approval of the director by reason of the application of the
provision in subsection 3 of this section relating to availability
for work, and an active search for work or the provision of section
96.5, subsection 3, relating to failure to apply for or a refusal to
accept suitable work. However, an employer's account shall not be
charged with benefits so paid.
b. (1) An otherwise eligible individual shall not be denied
benefits for a week because the individual is in training approved
under 19 U.S.C. § 2296(a), as amended by section 2506 of the federal
Omnibus Budget Reconciliation Act of 1981, because the individual
leaves work which is not suitable employment to enter the approved
training, or because of the application of subsection 3 of this
section or section 96.5, subsection 3, or a federal unemployment
insurance law administered by the department relating to availability
for work, active search for work, or refusal to accept work.
(2) For purposes of this paragraph, "suitable employment"
means work of a substantially equal or higher skill level than an
individual's past adversely affected employment, as defined in 19
U.S.C. § 2319(l), if weekly wages for the work are not less than
eighty percent of the individual's average weekly wage.
7. The individual participates in reemployment services as
directed by the department pursuant to a profiling system,
established by the department, which identifies individuals who are
likely to exhaust benefits and be in need of reemployment services.
