DAR File No. 31711

Workforce Services, Unemployment Insurance

R994-404-101

Claimants Who Qualify for an Adjustment to the Base Period

NOTICE OF PROPOSED RULE

DAR File No.: 31711
Filed: 07/15/2008, 02:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this amendment is to respond to medical needs of claimants.

Summary of the rule or change:

A claimant who is off work due to an industrial accident can qualify for an adjusted base period if the claim is filed within 36 months of the injury. Occasionally, a claimant is required to miss work due to a re-injury or surgery directly relating to the original injury. This rule would allow for an adjusted base period to apply in these admittedly rare cases as well. These cases are so rare, Department personnel can only remember a very few claims in the last several years which would have benefited from this change.

State statutory or constitutional authorization for this rule:

Section 35A-1-104, and Subsections 35A-1-104(4) and 35A-4-502(1)(b)

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

local governments:

This is a federally-funded program so there are no costs or savings to local government.

small businesses and persons other than businesses:

There are no costs or savings to any other persons or small businesses as there are no fees associated with this program and it is federally funded.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employers contribution rate as the very few cases we anticipate will likely be funded out of social costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Unemployment Insurance
140 E 300 S
SALT LAKE CITY UT 84111-2333

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/02/2008

This rule may become effective on:

09/09/2008

Authorized by:

Kristen Cox, Executive Director

R994. Workforce Services, Unemployment Insurance.

R994-404. Payments Following Workers' Compensation.

R994-404-101. Claimants Who Qualify for an Adjustment to the Base Period.

(1) A claimant who was off work due to a work related illness or injury may qualify for an adjusted base period if all of the following elements are satisfied:

(a) the claimant must have received temporary total disability (TTD) compensation for the illness or injury under the workers' compensation or occupational disease laws of this state or under federal law;

(b) the claimant must have received TTD for at least seven full weeks during the normal base period. The weeks need not be consecutive;

(c) the initial claim for unemployment insurance benefits must have been filed no later than 90 calendar days after the claimant was released by his or her health care provider to return to full-time work. This does not include release to limited or light duty work. The effective date of the eligible claim must be within the 90 days regardless of the date on which the claimant contacts the Department to file a claim. For example, if the 90th day falls on Wednesday and the claimant files a claim on Thursday, the effective date of the claim would be Sunday of that calendar week and would fall within the 90 day time limitation;

(d) the initial claim for unemployment insurance benefits must have been filed within 36 months of the week the covered injury or illness occurred. The covered injury can be the initial injury or an event such as a re-injury that caused the claimant to go back on TTD.

(2) Wages previously used to establish a benefit year cannot be re-used.

 

KEY: unemployment compensation, workers' compensation

Date of Enactment or Last Substantive Amendment: [September 29, 2005]2008

Notice of Continuation: May 22, 2007

Authorizing, and Implemented or Interpreted Law: 35A-4-404