Chapter 1 - Unemployment Compensation
- Article 1 Definitions.
- Section 25-4-1 Base period
"Base period," as used in this chapter, means the first four of the last five completed calendar quarters immediately preceding the first day of ...
- Section 25-4-2 Benefits
"Benefits," as used in this chapter, means the money payable to an individual with respect to his unemployment as provided in this chapter. ...
- Section 25-4-3 Benefit year
"Benefit year," as used in this chapter with respect to any individual, means the one-year period beginning with the first day of the first ...
- Section 25-4-4 Calendar quarter; fiscal year
(a) "Calendar quarter," as used in this chapter, means the period of three consecutive calendar months ending on March 31, June 30, September 30 ...
- Section 25-4-5 Contributions; payments in lieu of contributions
(a) "Contributions," as used in this chapter, means the money payments to the state unemployment compensation fund, required by this chapter, on the basis ...
- Section 25-4-6 Director
"Director," as used in this chapter, means the Director of Industrial Relations or his authorized representatives; except, that during any interim in which there ...
- Section 25-4-7 Employee
Except as modified by the provisions of Section 25-4-10 defining "employment," "employee," as used in this chapter, means any individual employed by an employer ...
- Section 25-4-8 Employer
(a) "Employer," as used in this chapter, prior to January 1, 1978, shall mean any employing unit which was so defined in this chapter ...
- Section 25-4-9 Employing unit
"Employing unit," as used in this chapter, means any individual or type of organization, including any partnership, association, trust estate, joint stock company or ...
- Section 25-4-10 Employment
(a) Subject to other provisions of this chapter, "employment" means: (1) Any service performed prior to January 1, 1978, which was employment as defined ...
- Section 25-4-11 Employment office
"Employment office," as used in this chapter, means a free public employment office or a branch thereof operated by this or any other state ...
- Section 25-4-12 Fund
"Fund," as used in this chapter, means the unemployment compensation fund established by this chapter, to which all contributions and payments in lieu of ...
- Section 25-4-13 Insured work
"Insured work," as used in this chapter, means "employment" for "employers." ...
- Section 25-4-14 State
"State," as used in this chapter, includes, in addition to the states of the United States, the District of Columbia, the Virgin Islands, Puerto ...
- Section 25-4-15 Unemployment administration fund
"Unemployment administration fund," as used in this chapter, means the unemployment compensation administration fund established by this chapter. ...
- Section 25-4-16 Wages
(a) Prior to January 1, 1983, "wages," as used in this chapter, shall mean such remuneration as was defined in this section prior to ...
- Section 25-4-17 Week
"Week," as used in this chapter, means such period of seven consecutive days, as the director may by regulation prescribe. The director may by ...
- Article 2 Unemployment Compensation Trust Fund.
- Section 25-4-30 Administration and composition
There shall be as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation trust fund, ...
- Section 25-4-31 Treasurer; separate accounts; disposition of interest and penalties
(a) The director shall designate an employee of the unemployment compensation agency as treasurer of the fund who shall pay all vouchers or checks ...
- Section 25-4-32 Requisition of moneys from trust fund
(a) Money shall be requisitioned from the state's account in the Unemployment Compensation Trust Fund solely for the payment of benefits and in accordance ...
- Section 25-4-33 Overpayments
All unemployment compensation overpayment monies collected under the provisions of Sections 25-4-72 and 40-18-100 shall be deposited into the Unemployment Compensation Trust Fund. ...
- Article 2A Employment Security Enhancement Funds.
- Section 25-4-40.1 Employment Security Enhancement Fund
(a) Retroactive to April 1, 1992, and ending March 31, 2008, there is hereby placed upon all wages so defined in Section 25-4-16, paid ...
- Article 3 Contributions and Payments in Lieu of Contributions.
- Section 25-4-50 Accrual; time and manner of payment by employers
Contributions or payments in lieu of contributions shall accrue and become payable by each employer subject to this chapter. Contributions or payments in lieu ...
- Section 25-4-51 Rates of contributions, etc., by employers
(a) Contributions. Except as hereinafter provided and subject to the provisions of Section 25-4-54, every employer shall pay contributions, or payments in lieu of ...
- Section 25-4-52 Contributions by employees
(a) For each calendar year ending prior to January 1, 1986, contributions by employees shall be as was provided by this section prior to ...
- Section 25-4-53 Withholding of employee contributions
For calendar years ending prior to January 1, 1986, employee contributions, the withholding of such contributions and the penalty for an employer's failure to ...
- Section 25-4-54 Contribution rates for employers subject to benefit charges; determination of individual benefit charges
(a) Determination of contribution rates. (1) For the 12-month period beginning on January 1 of each year which begins after December 31, 1996, any ...
- Section 25-4-55 Payment of interest on moneys advanced by federal government — Contributory employer's assessment; method of determining amount; procedures
In addition to all other contributions required to be paid by the provisions of Sections 25-4-51 and 25-4-54, when the unemployment compensation trust fund ...
- Section 25-4-56 Payment of interest on moneys advanced by federal government — Creation of special interest payment fund; deposits; administration; disposition
There is hereby created a special fund, to be known as the "special interest payment fund," into which shall be deposited all moneys collected ...
- Section 25-4-57 Payment of interest on moneys advanced by federal government — Assessment to discontinue when all interest paid; payment of interest on money advanced after previously borrowed funds repaid
Payment of any assessment as provided under Section 25-4-55 shall be discontinued for the calendar year next following the calendar year during which all ...
- Section 25-4-58 Payment of interest on moneys advanced by federal government — Disposition of moneys in fund when assessment discontinued
When payment of assessments have been discontinued under the provisions of Section 25-4-57, and all obligations of the director for interest on advances have ...
- Article 4 Benefits.
- Section 25-4-70 Accrual; time and manner of payment; services in employ of Indian tribe
(a) After contributions have been due under this chapter for two years, benefits shall become payable from the fund to any employee who thereafter ...
- Section 25-4-71 When individuals deemed unemployed
An individual shall be deemed totally unemployed in any week during which he performs no services and with respect to which no wages are ...
- Section 25-4-72 Individual weekly benefit amount
(a) For weeks of unemployment during benefit years which begin before the effective date of subsection (b) of this section, an individual's weekly benefit ...
- Section 25-4-73 Individual weekly benefit payment
(a) Each eligible individual who is totally unemployed or partially unemployed in any week beginning on or after July 3, 1983, shall be paid ...
- Section 25-4-74 Maximum individual benefit entitlement during benefit year
(a) Any otherwise eligible individual shall be entitled during any benefit year, beginning on or after July 3, 1983, to a total amount of ...
- Section 25-4-75 Extension of benefit period
(a) Applicability of section. Notwithstanding any other provisions of this chapter, the duration of benefits as provided in Section 25-4-74 shall be extended as ...
- Section 25-4-76 Maritime employment and benefit rights
(a) As used in this section, "maritime employment" means employment in connection with the construction, repair, loading or unloading of vessels, and in connection ...
- Section 25-4-77 Benefits eligibility conditions; "suitable employment" and jury duty defined; applicability of subdivision (a)(5)
(a) An unemployed individual shall be eligible to receive benefits with respect to any week in a benefit year which begins on or after ...
- Section 25-4-78 Disqualifications for benefits
An individual shall be disqualified for total or partial unemployment: (1) LABOR DISPUTE IN PLACE OF EMPLOYMENT. For any week in which his total ...
- Article 5 Procedure for Claims for Benefits.
- Section 25-4-90 Filing claims for benefits
Claims for benefits shall be made in accordance with such general rules as the director may prescribe. ...
- Section 25-4-91 Determinations and redeterminations upon claims for benefits
(a) Determination by examiner. A determination upon a claim filed pursuant to Section 25-4-90 shall be made promptly by an examiner designated by the ...
- Section 25-4-92 Appeals tribunals — Appointment; procedure; when decisions final
(a) To hear and decide disputed claims and other due process cases involving a division of the Department of Industrial Relations, the director shall ...
- Section 25-4-93 Appeals tribunals — Power to affirm, modify or set aside decision; notification of parties
Unless such appeal is withdrawn, an appeals tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or set aside the ...
- Section 25-4-94 Powers and duties of board of appeals for Department of Industrial Relations
(a) The board of appeals for the Department of Industrial Relations, created by Section 25-2-12, may, on its own motion at any time before ...
- Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal
Within 30 days after the decision of the board of appeals has become final, any party to the proceeding including the director who claims ...
- Section 25-4-96 Procedure exclusive
The procedure provided in this article for the making of determinations with respect to claims for unemployment compensation benefits and for appealing from such ...
- Section 25-4-97 Powers of appeals tribunal, board of appeals and officers of Department of Industrial Relations as to witnesses; witness fees
In the discharge of their duties under this chapter any deputy, any appeals tribunal, any member of the board of appeals and any officer ...
- Article 6 Administration.
- Section 25-4-110 Powers and duties of director as to administration of chapter generally
It shall be the duty of the director to administer this chapter. He shall have power and authority to adopt, amend or rescind such ...
- Section 25-4-111 Adoption, etc., of general rules and regulations
General rules interpreting or applying this chapter and affecting all, or classes of, employers, or other employing units, shall be adopted by the director ...
- Section 25-4-112 Publication and distribution of general rules and regulations, etc
The director shall cause to be printed in proper form for distribution to the public the text of this chapter, general rules, his annual ...
- Section 25-4-113 Employees; immunity from civil suit; exception
The director shall, with the approval of the Governor, determine the number of employees needed for the efficient and economical performance of the functions ...
- Section 25-4-114 Advisory council
The Governor shall appoint an advisory council of not less than nine members, composed of equal numbers of employer representatives and employee representatives, who ...
- Section 25-4-115 Duties of director, etc., with respect to reduction of unemployment, etc
It shall be one of the purposes of this chapter to promote the regularization of employment in enterprises, localities, industries and the state. The ...
- Section 25-4-116 Records and reports of employing units
Every employing unit shall keep true and accurate work records containing such information as is necessary for the administration of this chapter. Such records ...
- Section 25-4-117 Representation in court actions
The director and the state, in any court action relating to this chapter or its administration and enforcement, shall be represented by any qualified ...
- Section 25-4-118 Cooperation with state and federal agencies, institutions of higher education, public and law enforcement officials, etc.; penalty for wrongfully securing or misusing information
(a) In the administration of this chapter, the director shall cooperate to the fullest extent consistent with the provisions of this chapter with the ...
- Section 25-4-119 Compromise or waiver of civil penalties or interest charges
The director may compromise or waive any civil penalty or interest charge arising under the provisions of this chapter instead of commencing a civil ...
- Section 25-4-120 Reciprocal arrangements with state and federal agencies
(a) Interstate benefit payments. The director is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or ...
- Article 7 General Provisions.
- Section 25-4-130 Duration of employer's coverage under this chapter; termination of coverage
(a) Except as otherwise provided in subsection (b) of this section, any employing unit which is or becomes an employer subject to this chapter ...
- Section 25-4-131 Election of coverage under chapter by employing units and political subdivisions
(a) Any employing unit (except one whose employment is specifically exempt under the provisions of subsection (b) of Section 25-4-10) not otherwise subject to ...
- Section 25-4-132 Assessment of interest on delinquent contribution payments
Contributions unpaid on the date when they are due and payable, as provided in this chapter, or as may be provided by rules or ...
- Section 25-4-133 Penalties for delinquent contribution payments and reports
(a) Any employer without good cause failing to pay any contribution within the time required by this chapter or the rules and regulations of ...
- Section 25-4-134 Procedures for collection of delinquent contribution payments
(a) Generally. The contributions, interest and penalties required to be paid under this chapter shall be a first and prior lien upon all property ...
- Section 25-4-135 Effect of bankruptcy or liquidation of employer
In the event of bankruptcy of any employer, or of liquidation of an employer under any law of this state by reason of insolvency ...
- Section 25-4-136 Director may extend time for payment of contributions
The director, for good cause may extend the time for payment of any contributions required by this chapter, without interest or penalty, for a ...
- Section 25-4-137 Adjustments or refunds
(a) If, not later than four years after the date on which any contributions, penalties or interest became due, an employer who has paid ...
- Section 25-4-138 Agreement to waive right to benefits; agreement to pay employer's contributions; reduction of wages to finance employer's contributions
Any agreement by an employee to waive or release his rights to benefits or any other rights under this chapter shall be void. Any ...
- Section 25-4-139 Fees in proceedings under chapter
No individual shall be charged fees of any kind by the director or his representatives, in any proceeding under this chapter. Any individual claiming ...
- Section 25-4-140 Certain assignments, etc., of right to benefits void; exemption from attachment, etc.; exception
Any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this chapter, except as is ...
- Section 25-4-142 Employment Security Administration Fund; Special Employment Security Administration Fund; replacement of certain funds
(a) There shall be in the State Treasury a fund to be known as the Employment Security Administration Fund. All moneys which are deposited ...
- Section 25-4-143 Appropriations
All moneys in the Unemployment Administration Fund, the special employment security administration fund, the special federal advance interest repayment fund and the employment security ...
- Section 25-4-144 Reservation of right to repeal or amend chapter
The Legislature reserves the right to amend or repeal all or any part of this chapter at any time. There shall be no vested ...
- Section 25-4-145 Penalties; limitation of actions; collection of overpayments; waiver of overpayments
(a) Penalties. (1) Whoever willfully makes a false statement or representation or who willfully fails to disclose a material fact to obtain or increase ...
- Section 25-4-146 Certain employees of Department of Industrial Relations constituted peace officers to enforce unemployment compensation law and other specified state criminal laws
(a) Employees of the Department of Industrial Relations classified as unemployment insurance claims investigators and those supervisors charged with the direct enforcement of the ...
- Section 25-4-147 Arrest fee; disposition of fees collected
In all cases where arrests are made by any of said unemployment insurance fraud investigators or other supervisors charged with the direct enforcement of ...
- Section 25-4-148 Disposition of trust funds, etc., in event of invalidity of provisions pertaining to payment of contributions and benefits
If at any time the Governor shall find that the provisions of this chapter requiring the payment of contributions and benefits have been held ...
- Section 25-4-149 Appropriation of funds for payment of benefits for state employees generally
Such moneys as are needed to pay the state's portion of benefits provided in this chapter are hereby appropriated from such funds as the ...
- Section 25-4-150 Payment of fringe benefits for employees of local boards of education
Such moneys as are necessary to finance the fringe benefit costs for employees of local boards of education shall be paid by the local ...
- Section 25-4-151 Effect of challenges to or invalidation of federal unemployment compensation amendments of 1976
In the event any portion of Section 115 of the unemployment compensation amendments of 1976 (Public Law 94-566, 94th Congress, dated October 20, 1976), ...
- Section 25-4-152 Deduction of child support obligations; procedures; reimbursement for administrative costs; time of implementation; deduction of federal income tax
(a) (1) An individual filing a claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual ...
