State Codes and Statutes
Statutes > Utah > Title-35a > Chapter-04 > 35a-4-40335A-4-403. Eligibility of individual -- Conditions -- Furnishing reports -- Weeks ofemployment -- Successive benefit years.
(1) Except as provided in Subsection (2), an unemployed individual is eligible to receivebenefits for any week if the division finds:
(a) the individual has made a claim for benefits for that week in accordance with rulesthe department may prescribe, except as provided in Subsection (3);
(b) the individual has registered for work with the department and acted in a good faitheffort to secure employment during each and every week for which the individual made a claimfor benefits under this chapter in accordance with rules the department may prescribe, except asprovided in Subsection (3);
(c) the individual is able to work and is available for work during each and every weekfor which the individual made a claim for benefits under this chapter;
(d) the individual has been unemployed for a waiting period of one week for each benefityear, but a week may not be counted as a week of unemployment for the purpose of thisSubsection (1)(d):
(i) unless it occurs within the benefit year that includes the week for which the individualclaims benefits;
(ii) if benefits have been paid for the claim; or
(iii) unless the individual was eligible for benefits for the week as provided in thissection and Sections 35A-4-401 and 35A-4-405, except for the requirement of this Subsection(1)(d);
(e) (i) the individual has furnished the division separation and other information thedepartment may prescribe by rule, or proves to the satisfaction of the division that the individualhad good cause for failing to furnish the information;
(ii) if an employer fails to furnish reports concerning separation and employment asrequired by this chapter and rules adopted under the chapter, the division shall, on the basis ofinformation it obtains, determine the eligibility and insured status of an individual affected bythat failure and the employer is not considered to be an interested party to the determination;
(f) (i) the individual's base period wages were at least 1-1/2 times the individual's wagesfor insured work paid during that quarter of the individual's base period in which the individual'swages were highest; or
(ii) for any claimant whose benefit year is effective on or before January 1, 2011, theindividual shows to the satisfaction of the division that the individual worked at least 20 weeks ininsured work during the individual's base period and earned wages of at least 5% of the monetarybase period wage requirement each week, rounded to the nearest whole dollar, provided that theindividual's total base-period wages were not less than the monetary base period wagerequirement as defined in Section 35A-4-201; and
(g) (i) the individual applying for benefits in a successive benefit year has had subsequentemployment since the effective date of the preceding benefit year equal to at least six times theindividual's weekly benefit amount, in insured work; and
(ii) the individual's total wages and employment experience in the individual's baseperiod meet the requirements specified in Subsection (1)(f).
(2) (a) For purposes of this Subsection (2), "suitable employment" means:
(i) work of a substantially equal or higher skill level than the individual's past adverselyaffected employment as defined for purposes of the Trade Act of 1974; and
(ii) wages for that work at not less than 80% of the individual's average weekly wage asdetermined for purposes of the Trade Act of 1974.
(b) (i) An individual in training with the approval of the division is not ineligible toreceive benefits by reason of nonavailability for work, failure to search for work, refusal ofsuitable work, failure to apply for or to accept suitable work, or not having been unemployed fora waiting period of one week for any week the individual is in the approved training.
(ii) For purposes of Subsection (2)(b)(i), the division shall approve any mandatoryapprenticeship-related training.
(c) Notwithstanding any other provision of this chapter, the division may not deny anotherwise eligible individual benefits for any week:
(i) because the individual is in training approved under Section 236 (a)(1) of the TradeAct of 1974, 19 U.S.C. 2296(a);
(ii) for leaving work to enter training described in Subsection (2)(c)(i) if the work left isnot suitable employment; or
(iii) because of the application to any such week in training of provisions in this law orany applicable federal unemployment compensation law relating to availability for work, activesearch for work, or refusal to accept work.
(3) The department may, by rule, waive or alter either or both of the requirements ofSubsections (1)(a) and (b) as to:
(a) individuals attached to regular jobs;
(b) a disaster in Utah as declared by the President of the United States or by the state'sgovernor after giving due consideration to factors directly associated with the disaster, including:
(i) the disaster's impact on employers and their ability to employ workers in the affectedarea in Utah;
(ii) the disaster's impact on claimants and their ability to comply with filing requirementsin the affected area in Utah; and
(iii) the magnitude of the disaster and the anticipated time for recovery; and
(c) cases or situations when it finds that compliance with the requirements would beoppressive, or would be inconsistent with the purposes of this chapter, as long as the rule doesnot conflict with Subsection 35A-4-401(1).
(4) (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, 2011,and annually thereafter, concerning the impact on individuals applying for unemploymentcompensation and the unemployment trust insurance fund as a result of amendments made toSubsections (1)(f) and 35A-4-201(1) during the Legislature's 2010 General Session.
(b) The interim committee shall make recommendations to the Legislature from theannual report it receives under Subsection (4)(a) that may include:
(i) further modifications to the amendments made to Subsections (1)(f) and35A-4-201(1) during the 2010 General Session; or
(ii) the repeal of those amendments.
Amended by Chapter 282, 2010 General Session
