State Codes and Statutes

Statutes > Utah > Title-35a > Chapter-04 > 35a-4-401

35A-4-401. Benefits -- Weekly benefit amount -- Computation of benefits --Department to prescribe rules -- Notification of benefits -- Bonuses.
(1) (a) Benefits are payable from the fund to an individual who is or becomesunemployed and eligible for benefits.
(b) All benefits shall be paid through the employment offices or other agenciesdesignated by the division in accordance with rules the department may prescribe in accordancewith Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) (i) Except as otherwise provided in Subsection (2)(a)(ii), an individual's "weeklybenefit amount" is an amount equal to 1/26th, disregarding any fraction of $1, of the individual'stotal wages for insured work paid during that quarter of the base period in which the total wageswere highest.
(ii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, an individual's weekly benefitamount is an amount equal to 1/26th minus $5, disregarding any fraction of $1, of theindividual's total wages for insured work paid during that quarter of the base period in which thetotal wages were highest.
(b) (i) The weekly benefit amount may not exceed 62.5% of the insured average fiscalyear weekly wage during the preceding fiscal year, disregarding any fraction of $1.
(ii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, the weekly benefit amount maynot exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal yearminus $5, disregarding any fraction of $1.
(c) (i) Except as otherwise provided in Subsections (2)(c)(ii) and (iii), the "weeklybenefit amount" of an individual who is receiving, or who is eligible to receive, based upon theindividual's previous employment, a pension, which includes a governmental, Social Security, orother pension, retirement or disability retirement pay, under a plan maintained or contributed toby a base-period employer is the "weekly benefit amount" which is computed under this sectionless 100% of the retirement benefits, that are attributable to a week, disregarding any fraction of$1.
(ii) With respect to an individual whose benefit year begins after July 1, 2004, and endson or before the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 asamended, the "weekly benefit amount" of that individual, who is receiving or who is eligible toreceive Social Security benefits based upon the individual's previous employment, is the "weeklybenefit amount" which is computed under this section less 50% of the individual's SocialSecurity benefits that are attributable to the week, but not below zero.
(iii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, this Subsection (2)(c) andSubsection (2)(d) do not apply to Social Security benefits an individual is receiving or is eligibleto receive as they are not considered retirement benefits for purposes of those subsections.
(d) (i) (A) The weekly benefit amount and the potential benefits payable to an individualwho, subsequent to the commencement of the individual's benefit year, becomes or is determinedto be eligible to receive retirement benefits or increased retirement benefits, shall be recomputedeffective with the first calendar week during the individual's benefit year with respect to whichthe individual is eligible to receive retirement benefits or increased retirement benefits.
(B) The new weekly benefit amount shall be determined under this Subsection (2).

(ii) As recomputed the total benefits potentially payable, commencing with the effectivedate of the recomputation, shall be equal to the recomputed weekly benefit amount times thequotient obtained by dividing the potential benefits unpaid prior to the recomputation by theinitial weekly benefit amount, disregarding fractions.
(3) (a) An eligible individual who is unemployed in any week shall be paid with respectto that week a benefit in an amount equal to the individual's weekly benefit amount less that partof the individual's wage payable to the individual with respect to that week that is in excess of30% of the individual's weekly benefit amount.
(b) The resulting benefit payable shall disregard any fraction of $1.
(c) For the purpose of this Subsection (3) "wages" does not include a grant paid to the individual as public assistance.
(4) (a) An otherwise eligible individual is entitled during a benefit year to a total amountof benefits determined by multiplying the individual's weekly benefit amount times theindividual's potential duration.
(b) To determine an individual's potential duration, the individual's total wages forinsured work paid during the base period is multiplied by 27%, disregarding any fraction of $1,and divided by the individual's weekly benefit amount, disregarding any fraction, but not lessthan 10 nor more than 26.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the department may by rule prescribe:
(i) that the existence of unemployment, eligibility for benefits, and the amount ofbenefits payable shall be determined in the case of an otherwise eligible individual who, within aweek or other period of unemployment, is separated from or secures work on a regularattachment basis for that portion of the week or other period of unemployment occurring beforeor after separation from or securing of work; and
(ii) in the case of an individual working on a regular attachment basis, eligibility forbenefits and the amount of benefits payable for periods of unemployment longer than a week.
(b) The rules made shall be reasonably calculated to secure general results substantiallysimilar to those provided by this chapter with respect to weeks of unemployment.
(6) The division shall, in all cases involving actual or potential disqualifying issues andprior to the payment of benefits to an eligible individual, notify the individual's most recentemployer of the eligibility determination.
(7) Upon written request of an individual made under rules of the department inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all remunerationfor insured work paid to the individual during the individual's period in the form of a bonus orlump-sum payment shall, for benefit purposes, be apportioned to the calendar quarters in whichthe remuneration was earned.
(8) (a) The director of the division or the director's designee shall make an annual reportto the Workforce Employment Advisory Council and to the Legislature's Workforce Services andCommunity and Economic Development Interim Committee no later than November 30 of 2011,and 2012, concerning the impact of individuals applying for unemployment compensation andthe unemployment trust fund as a result of the amendments made to Subsection 35A-4-401(2)during the Legislature's 2010 General Session.
(b) The report shall include a recommendation for a potential adjustment in the weeklybenefit amounts established in Subsections 35A-4-401(2)(a)(ii) and 35A-4-401(2)(b)(ii), taking

into account the unemployment benefit costs associated with the amendments made toSubsection 35A-4-401(2) during the Legislature's 2010 General Session.

Amended by Chapter 293, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-35a > Chapter-04 > 35a-4-401

35A-4-401. Benefits -- Weekly benefit amount -- Computation of benefits --Department to prescribe rules -- Notification of benefits -- Bonuses.
(1) (a) Benefits are payable from the fund to an individual who is or becomesunemployed and eligible for benefits.
(b) All benefits shall be paid through the employment offices or other agenciesdesignated by the division in accordance with rules the department may prescribe in accordancewith Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) (i) Except as otherwise provided in Subsection (2)(a)(ii), an individual's "weeklybenefit amount" is an amount equal to 1/26th, disregarding any fraction of $1, of the individual'stotal wages for insured work paid during that quarter of the base period in which the total wageswere highest.
(ii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, an individual's weekly benefitamount is an amount equal to 1/26th minus $5, disregarding any fraction of $1, of theindividual's total wages for insured work paid during that quarter of the base period in which thetotal wages were highest.
(b) (i) The weekly benefit amount may not exceed 62.5% of the insured average fiscalyear weekly wage during the preceding fiscal year, disregarding any fraction of $1.
(ii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, the weekly benefit amount maynot exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal yearminus $5, disregarding any fraction of $1.
(c) (i) Except as otherwise provided in Subsections (2)(c)(ii) and (iii), the "weeklybenefit amount" of an individual who is receiving, or who is eligible to receive, based upon theindividual's previous employment, a pension, which includes a governmental, Social Security, orother pension, retirement or disability retirement pay, under a plan maintained or contributed toby a base-period employer is the "weekly benefit amount" which is computed under this sectionless 100% of the retirement benefits, that are attributable to a week, disregarding any fraction of$1.
(ii) With respect to an individual whose benefit year begins after July 1, 2004, and endson or before the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 asamended, the "weekly benefit amount" of that individual, who is receiving or who is eligible toreceive Social Security benefits based upon the individual's previous employment, is the "weeklybenefit amount" which is computed under this section less 50% of the individual's SocialSecurity benefits that are attributable to the week, but not below zero.
(iii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, this Subsection (2)(c) andSubsection (2)(d) do not apply to Social Security benefits an individual is receiving or is eligibleto receive as they are not considered retirement benefits for purposes of those subsections.
(d) (i) (A) The weekly benefit amount and the potential benefits payable to an individualwho, subsequent to the commencement of the individual's benefit year, becomes or is determinedto be eligible to receive retirement benefits or increased retirement benefits, shall be recomputedeffective with the first calendar week during the individual's benefit year with respect to whichthe individual is eligible to receive retirement benefits or increased retirement benefits.
(B) The new weekly benefit amount shall be determined under this Subsection (2).

(ii) As recomputed the total benefits potentially payable, commencing with the effectivedate of the recomputation, shall be equal to the recomputed weekly benefit amount times thequotient obtained by dividing the potential benefits unpaid prior to the recomputation by theinitial weekly benefit amount, disregarding fractions.
(3) (a) An eligible individual who is unemployed in any week shall be paid with respectto that week a benefit in an amount equal to the individual's weekly benefit amount less that partof the individual's wage payable to the individual with respect to that week that is in excess of30% of the individual's weekly benefit amount.
(b) The resulting benefit payable shall disregard any fraction of $1.
(c) For the purpose of this Subsection (3) "wages" does not include a grant paid to the individual as public assistance.
(4) (a) An otherwise eligible individual is entitled during a benefit year to a total amountof benefits determined by multiplying the individual's weekly benefit amount times theindividual's potential duration.
(b) To determine an individual's potential duration, the individual's total wages forinsured work paid during the base period is multiplied by 27%, disregarding any fraction of $1,and divided by the individual's weekly benefit amount, disregarding any fraction, but not lessthan 10 nor more than 26.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the department may by rule prescribe:
(i) that the existence of unemployment, eligibility for benefits, and the amount ofbenefits payable shall be determined in the case of an otherwise eligible individual who, within aweek or other period of unemployment, is separated from or secures work on a regularattachment basis for that portion of the week or other period of unemployment occurring beforeor after separation from or securing of work; and
(ii) in the case of an individual working on a regular attachment basis, eligibility forbenefits and the amount of benefits payable for periods of unemployment longer than a week.
(b) The rules made shall be reasonably calculated to secure general results substantiallysimilar to those provided by this chapter with respect to weeks of unemployment.
(6) The division shall, in all cases involving actual or potential disqualifying issues andprior to the payment of benefits to an eligible individual, notify the individual's most recentemployer of the eligibility determination.
(7) Upon written request of an individual made under rules of the department inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all remunerationfor insured work paid to the individual during the individual's period in the form of a bonus orlump-sum payment shall, for benefit purposes, be apportioned to the calendar quarters in whichthe remuneration was earned.
(8) (a) The director of the division or the director's designee shall make an annual reportto the Workforce Employment Advisory Council and to the Legislature's Workforce Services andCommunity and Economic Development Interim Committee no later than November 30 of 2011,and 2012, concerning the impact of individuals applying for unemployment compensation andthe unemployment trust fund as a result of the amendments made to Subsection 35A-4-401(2)during the Legislature's 2010 General Session.
(b) The report shall include a recommendation for a potential adjustment in the weeklybenefit amounts established in Subsections 35A-4-401(2)(a)(ii) and 35A-4-401(2)(b)(ii), taking

into account the unemployment benefit costs associated with the amendments made toSubsection 35A-4-401(2) during the Legislature's 2010 General Session.

Amended by Chapter 293, 2010 General Session


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State Codes and Statutes

Statutes > Utah > Title-35a > Chapter-04 > 35a-4-401

35A-4-401. Benefits -- Weekly benefit amount -- Computation of benefits --Department to prescribe rules -- Notification of benefits -- Bonuses.
(1) (a) Benefits are payable from the fund to an individual who is or becomesunemployed and eligible for benefits.
(b) All benefits shall be paid through the employment offices or other agenciesdesignated by the division in accordance with rules the department may prescribe in accordancewith Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) (i) Except as otherwise provided in Subsection (2)(a)(ii), an individual's "weeklybenefit amount" is an amount equal to 1/26th, disregarding any fraction of $1, of the individual'stotal wages for insured work paid during that quarter of the base period in which the total wageswere highest.
(ii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, an individual's weekly benefitamount is an amount equal to 1/26th minus $5, disregarding any fraction of $1, of theindividual's total wages for insured work paid during that quarter of the base period in which thetotal wages were highest.
(b) (i) The weekly benefit amount may not exceed 62.5% of the insured average fiscalyear weekly wage during the preceding fiscal year, disregarding any fraction of $1.
(ii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, the weekly benefit amount maynot exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal yearminus $5, disregarding any fraction of $1.
(c) (i) Except as otherwise provided in Subsections (2)(c)(ii) and (iii), the "weeklybenefit amount" of an individual who is receiving, or who is eligible to receive, based upon theindividual's previous employment, a pension, which includes a governmental, Social Security, orother pension, retirement or disability retirement pay, under a plan maintained or contributed toby a base-period employer is the "weekly benefit amount" which is computed under this sectionless 100% of the retirement benefits, that are attributable to a week, disregarding any fraction of$1.
(ii) With respect to an individual whose benefit year begins after July 1, 2004, and endson or before the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 asamended, the "weekly benefit amount" of that individual, who is receiving or who is eligible toreceive Social Security benefits based upon the individual's previous employment, is the "weeklybenefit amount" which is computed under this section less 50% of the individual's SocialSecurity benefits that are attributable to the week, but not below zero.
(iii) With respect to an individual whose benefit year begins after the termination of anypayable week under Pub. L. No. 111-5, Sec. 2002 as amended, this Subsection (2)(c) andSubsection (2)(d) do not apply to Social Security benefits an individual is receiving or is eligibleto receive as they are not considered retirement benefits for purposes of those subsections.
(d) (i) (A) The weekly benefit amount and the potential benefits payable to an individualwho, subsequent to the commencement of the individual's benefit year, becomes or is determinedto be eligible to receive retirement benefits or increased retirement benefits, shall be recomputedeffective with the first calendar week during the individual's benefit year with respect to whichthe individual is eligible to receive retirement benefits or increased retirement benefits.
(B) The new weekly benefit amount shall be determined under this Subsection (2).

(ii) As recomputed the total benefits potentially payable, commencing with the effectivedate of the recomputation, shall be equal to the recomputed weekly benefit amount times thequotient obtained by dividing the potential benefits unpaid prior to the recomputation by theinitial weekly benefit amount, disregarding fractions.
(3) (a) An eligible individual who is unemployed in any week shall be paid with respectto that week a benefit in an amount equal to the individual's weekly benefit amount less that partof the individual's wage payable to the individual with respect to that week that is in excess of30% of the individual's weekly benefit amount.
(b) The resulting benefit payable shall disregard any fraction of $1.
(c) For the purpose of this Subsection (3) "wages" does not include a grant paid to the individual as public assistance.
(4) (a) An otherwise eligible individual is entitled during a benefit year to a total amountof benefits determined by multiplying the individual's weekly benefit amount times theindividual's potential duration.
(b) To determine an individual's potential duration, the individual's total wages forinsured work paid during the base period is multiplied by 27%, disregarding any fraction of $1,and divided by the individual's weekly benefit amount, disregarding any fraction, but not lessthan 10 nor more than 26.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the department may by rule prescribe:
(i) that the existence of unemployment, eligibility for benefits, and the amount ofbenefits payable shall be determined in the case of an otherwise eligible individual who, within aweek or other period of unemployment, is separated from or secures work on a regularattachment basis for that portion of the week or other period of unemployment occurring beforeor after separation from or securing of work; and
(ii) in the case of an individual working on a regular attachment basis, eligibility forbenefits and the amount of benefits payable for periods of unemployment longer than a week.
(b) The rules made shall be reasonably calculated to secure general results substantiallysimilar to those provided by this chapter with respect to weeks of unemployment.
(6) The division shall, in all cases involving actual or potential disqualifying issues andprior to the payment of benefits to an eligible individual, notify the individual's most recentemployer of the eligibility determination.
(7) Upon written request of an individual made under rules of the department inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all remunerationfor insured work paid to the individual during the individual's period in the form of a bonus orlump-sum payment shall, for benefit purposes, be apportioned to the calendar quarters in whichthe remuneration was earned.
(8) (a) The director of the division or the director's designee shall make an annual reportto the Workforce Employment Advisory Council and to the Legislature's Workforce Services andCommunity and Economic Development Interim Committee no later than November 30 of 2011,and 2012, concerning the impact of individuals applying for unemployment compensation andthe unemployment trust fund as a result of the amendments made to Subsection 35A-4-401(2)during the Legislature's 2010 General Session.
(b) The report shall include a recommendation for a potential adjustment in the weeklybenefit amounts established in Subsections 35A-4-401(2)(a)(ii) and 35A-4-401(2)(b)(ii), taking

into account the unemployment benefit costs associated with the amendments made toSubsection 35A-4-401(2) during the Legislature's 2010 General Session.

Amended by Chapter 293, 2010 General Session


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