Neb. Admin. Code tit. 219 — Benefits

Chapter 1 Definitions

Neb. Admin. Code tit. 219, ch. 1 Definitions {#sec-219-nac-1 omnilex-key=us-ne-regs-official--title-219--219 NAC 1}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-607.

002. As used throughout Titles 218 to 230 of the regulations of the Department of Labor, the terms below shall be defined as follows:

A. "Commissioner" shall mean the Commissioner of Labor of the State of Nebraska.

B. “Department" shall mean the Department of Labor of the State of Nebraska.

C. "Week" shall mean a period of seven consecutive days ending at midnight Saturday.

D. "Willful benefit overpayment” shall mean a benefit obtained by an individual who intentionally fails to disclose amounts earned during any week with respect to which benefits are claimed or who intentionally fails to disclose or has falsified as to any fact which would have disqualified or rendered the individual ineligible for benefits during such week.

E1. For all benefit years beginning on or before June 30, 2011, “base period" shall mean the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year.

2. For all benefit years beginning on or after July 1, 2011, “base period” shall mean the individual’s base period as determined pursuant to Neb. Rev. Stat. §48-602.

F. “Hearing Officer” shall mean an attorney or administrative law judge assigned to the Appeal Tribunal.

History

• Effective 2012-01-16

Chapter 2 Claims for Benefits

Neb. Admin. Code tit. 219, ch. 2 Claims for Benefits {#sec-219-nac-2 omnilex-key=us-ne-regs-official--title-219--219 NAC 2}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §§48-626, 48-627, 48-629, and 48-607.

002.

A. All claims shall be filed online through the Nebraska Department of Labor Claims Center’s online web application available at www.dol.nebraska.gov unless special accommodation is required or no reasonable access to an office maintained by the Department of Labor is available. Conditions requiring a special accommodation shall include, but not be limited to, language barriers and physical and mental handicaps. If a special accommodation is required, claimants may file an application for benefits through the Nebraska Department of Labor Claims Center. The individual shall provide such information as required on the application. Each application shall be signed or attested to. An application may be signed by electronic signature or handwritten on a form prescribed by the Commissioner.

B. When filing a new initial claim, re-opening an existing claim, or filing a subsequent claim for unemployment benefits a claimant shall be required to register for work and create an active, online and searchable resume in the Nebraska Department of Labor’s web application for Reemployment services in accordance with 219 NAC 4.

C. The initial application for benefits shall be effective Sunday of the week in which the applicant files an application with the Department. The Commissioner, for good cause, may establish a different effective date.

D. A week shall be deemed to be in, within, or during that benefit year which includes the greater part of such week.

003.

A. A separate claim for benefits shall be made for each week of unemployment by a method of claiming prescribed by the Commissioner.

B. An individual shall be ineligible for benefits for any week for which the individual fails to demonstrate that the individual engaged in an active and earnest search for work as required under 219 NAC 4.

C. An electronic media claim transaction shall be completed by the claimant and received by the Department by the Saturday following the most recent week ending date. The failure of a claimant to timely complete an electronic media transaction shall be the basis for a denial of that week's benefits unless good cause for the late transaction can be shown. Any intervening weeks until the week in which the transaction was completed and received by the Department shall also be denied, regardless of cause.

D. A claim for benefits shall be filed for waiting week credit even though benefits are not payable for that week.

E. A claim for benefits shall be filed for each week of eligibility during the time an applicant is awaiting the results of an appeal hearing if the applicant intends to claim benefits during that time period.

004. The Department may direct a claimant to contact one of its offices to meet eligibility or other reporting requirements, or to provide other information as needed in the administration of Nebraska Employment Security Law. Unless good cause is shown, failure to contact the office as directed may result in the denial of benefits beginning with the week the claimant was scheduled to report and ending the Saturday prior to the week in which he/she reports to the Department.

005. In the event that wage information cannot be obtained from an employer, the Department may request that such information be provided by the claimant. The claimant may be required to provide payroll check stubs, W-2’s, or other reliable information corroborating the amount of wages stated by the claimant. A failure by the claimant to comply with such a request by the due date on the form shall cause the claim to be processed without the requested wages and may result in a denial of benefits until the week in which the information regarding requested wages is received by the Department.

006. In the event of a major disaster declared by both the Governor of the State of Nebraska and the President, the Commissioner may permit backdating of the effective date of unemployment insurance claims to agree with the effective date of the federal disaster period.

007. Each worker engaged in employment covered by the Nebraska Employment Security Law, including service covered by election of an employer, shall procure a federal social security account number and furnish that number to every employer for whom that worker performs covered employment.

008. Weeks of disqualification assessed and reductions in benefits determined pursuant to the Nebraska Employment Security Law, Neb. Rev. Stat. §§48-601 to 48-683, shall be determined in accordance with the number of weeks of disqualification in effect on the applicable date of the most recently filed initial, transitional or additional claim.

History

• Effective 2020-09-30

Chapter 4 Claimant’s Availability / Work Search Requirements

Neb. Admin. Code tit. 219, ch. 4 Claimant’s Availability / Work Search Requirements {#sec-219-nac-4 omnilex-key=us-ne-regs-official--title-219--219 NAC 4}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §§48-607, 48-627, 48-628.03 and 48-628.15.

002. In order to establish his or her availability for work in the job market to which he or she is attached, a claimant shall register for work and engage in an active work search.

003.

A. A claimant attached to a Nebraska job market shall register for work with the Nebraska Department of Labor’s division of employment services. Claimants not attached to a Nebraska job market shall register with the employment service office in the state of their residence.

B1. In order to complete his or her registration for work, a claimant attached to a Nebraska job market shall be required to create an active, online, and searchable resume in the Nebraska Department of Labor's web application for Reemployment and Benefit services in order to initially apply for benefits.

2. In order to remain registered for work and eligible for benefits, any claimant for whom the work search requirement has not been waived pursuant to 219 NAC 4(007) shall continuously maintain an active, online and searchable resume on the Nebraska Department of Labor's web application for Reemployment and Benefit services.

004.

A. In order for a claimant to be "available for work" within the meaning of Neb. Rev. Stat. §48-627(3), a claimant for whom the work search requirement has not been waived pursuant to 219 NAC 4(007) must actively seek work in accordance with the provisions of this Chapter. (See also, 20 C.F.R. §604.5 and 42 U.S.C.A. 503.)

B. A claimant, for whom the work search requirement has not been waived pursuant to 219 NAC 4(007), shall be required to make an active and earnest search for work that is reasonably calculated to result in the earliest possible reemployment of the claimant. An active and earnest search for work shall include five reemployment activities each benefit week. At least two of a claimant’s five reemployment activities each benefit week shall be applications for permanent employment. Applications for employment shall be made in a method accepted by the employer.

C. The following items will count as a reemployment activity as used in paragraph 004(B) above:

1. Attending a Nebraska Reemployment Services Session with the Nebraska Department of Labor.

2. Conducting work searches using Internet job banks as well as professional/trade publications (the URL for the site searched and the date the web site was accessed shall be provided to the Department of Labor).

3. Applying to a job posting through the Nebraska Department of Labor’s web application for reemployment services (NEworks.nebraska.gov).

4. Applying to a job posting through an Internet job bank or directly through an employer’s website (proof of the date of application and job applied for shall be shall be provided to the Department of Labor).

5. Attending a resume writing class for the purpose of preparing or revising a resume for submission to a job posting.

6. Attending job seeking skills classes, workshops, or job clubs.

7. Meeting with a career counselor.

8. Attending a sponsored networking event in your occupational field or industry.

9. Attending a job fair.

10. Joining a professional organization in your occupational field or industry.

11. Taking a civil service exam.

12. Taking a pre-employment exam, at the request of an employer.

13. Taking skills and interests tests sponsored by the Department of Labor, a community college or accredited college or university to identify a new occupational field or industry.

14. Visiting an employer's place of business to fill out a job application.

15. Telephoning employers to arrange for job interviews.

16. A claimant shall record each week's work search activities in an electronic web application maintained and verified by the Department of Labor as the Commissioner of Labor shall direct. A claimant shall record reemployment activities (a) during the week in which he or she is looking for work, or (b) at the same time he or she claims for benefits for the benefit week for which the work search was performed. However, a claimant shall not record his or her work search activities after he or she submits a claim for benefits for the benefit week the work searches were performed. A failure to record the reemployment activities in the directed manner will be considered a failure to report, and the claimant shall be ineligible for the week in which he or she failed to report.

D. Referrals by the Nebraska Department of Labor of job openings matching up with the job skills described in the claimant's resume shall be considered as a direction by the Commissioner to apply for available, suitable work within the meaning of Neb. Rev. Stat. §48-628.03(3).

E. Eligibility for benefits of claimants seeking only part-time work is established in Neb. Rev. Stat. §48-627.

005. Beginning with the sixth benefit week claimed, a claimant will be required to expand the scope of the job search regarding acceptable hours, wages, conditions, location, and type of work.

006.

A. A claimant is considered available for work during the week of unemployment claimed if he or she meets any of the requirements under 20 CFR 604.5(a) :

1. The individual is available for any work for all or a portion of the week claimed, provided that any limitation placed by the individual on his or her availability does not constitute a withdrawal from the labor market.

2. The individual limits his or her availability to work which is suitable for such individual as determined under Neb. Rev. Stat. §48-628.

3. The individual is on temporary lay-off and is available to work only for the employer that has temporarily laid-off the individual.

B. A claimant is considered able to work during the week of unemployment claimed if he or she meets the requirements under 20 CFR 604.4:

1. The individual is able to work for all or a portion of the week claimed, provided any limitation on his or her ability to work does not constitute a withdrawal from the labor market; or

2. If an individual has previously demonstrated his or her ability to work and availability for work following the most recent separation from employment, the Nebraska Department of Labor may consider the individual able to work during the week of unemployment claimed despite the individual's illness or injury, unless the individual has refused an offer of suitable work due to such illness or injury.

C. A claimant will not be considered unavailable for employment if he or she has a "duty before any court under a lawfully issued summons” during the week of unemployment claimed. See, 20 CFR 604.5(b).

007. The Commissioner may waive the requirement that an applicant search for work if:

A. The applicant is attached to a regular job or industry;

B. The applicant is eligible for referral as a member in good standing in a labor union which has a union hiring hall;

C. Compliance would be oppressive or inconsistent with the purpose of the Nebraska Employment Security Law;

D. The applicant is attending training approved by the Commissioner pursuant to 225 NAC 1;

E. The applicant is attending training funded in whole or part pursuant to Neb. Rev. Stat. §48-622.02;

F. The applicant is attending training funded in whole or part through the Nebraska Workforce Retraining Initiative; or

G. If during the week of application, the applicant is employed in an affected unit included within an approved short-time compensation plan.

008. A claimant shall be ineligible for benefits if the claimant fails to report for required reemployment services. As directed by the Commissioner, any claimant who has been determined to be likely to exhaust regular benefits must participate in reemployment services pursuant to a profiling system established by the Commissioner pursuant to Neb. Rev. Stat. §48-627(6), §303(j)(1) of the Federal Social Security Act, and 219 NAC 17. The Commissioner may waive participation in such reemployment services if the Commissioner determines that:

A. The claimant has completed such services; or

B. There is justifiable cause for the claimant's failure to participate in such services.

History

• Effective 2020-09-30

Chapter 5 Benefits to Interstate Claimants

Neb. Admin. Code tit. 219, ch. 5 Benefits to Interstate Claimants {#sec-219-nac-5 omnilex-key=us-ne-regs-official--title-219--219 NAC 5}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-607.

002. The following regulations shall govern the Department in its administrative cooperation with other states adopting a similar regulation for the payment of benefits to interstate claimants.

003. Definitions:

As used in this regulation, unless the context clearly requires otherwise:

A. "Interstate Benefit Payment Plan" means the plan approved by the Interstate Conference Of Employment Security Agencies under which benefits shall be payable to unemployed individuals absent from the state (or states) in which benefit credits have been accumulated.

B. "Interstate Claimant" means an individual who claims benefits under the unemployment insurance law of a liable state from another state, through the facilities of an agent state, or directly with the liable state. The term "interstate claimant" shall not include any individual who customarily commutes across state lines from a residence in one state to work in a liable state unless the Department finds that this exclusion would create undue hardship on such claimants in specified areas.

C. "State" includes the District of Columbia, Puerto Rico, and the Virgin Islands.

D. "Agent State" means any state through whose facilities an individual files an interstate initial claim for benefits against another state.

E. "Liable State" means any state against which an individual files, through another state, an interstate claim for benefits.

F. "Benefits" means the compensation payable to an individual, with respect to his unemployment, under the unemployment insurance law of any state.

G. "Week of unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

004. Notification of Interstate Claim

The liable state will notify the agent state of each initial claim, reopened claim, claim transferred to interstate status, and each week claimed filed from the agent state using uniform procedures and record format pursuant to the Interstate Benefit Payment Plan.

005. Registration for Work

A. The agent state shall register for work each interstate claimant who files through the agent state, or upon notification of a claim filed directly with the liable state, as required by the law, regulations, and procedures of the agent state. Such registration shall be accepted as meeting the registration requirements of the liable state.

B. Each agent state shall duly report, to the liable state in question, each interstate claimant who fails to meet registration/reemployment assistance reporting requirements of the agent state.

006. Benefit Rights of Interstate Claimant

A. If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, claims for benefits shall be filed only against that state as long as benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits.

B. For the purposes of this regulation, benefit credits shall be deemed to be unavailable whenever benefits have been:

(1) exhausted; (2) terminated; (3) postponed for an indefinite period and the individual has not subsequently satisfied the requalifying requirements; (4) postponed for the entire period in which benefits would otherwise be payable; or (5) whenever benefits are affected by the application of a seasonal restriction.

007. Claims for Benefits

A. Claims for benefits or waiting period filed by an interstate claimant directly with the liable state shall be filed in accordance with the liable states procedures.

B. The liable state shall accept as duly filed those claims filed through the facilities of an agent state in accordance with the agent state regulations for interstate claims, including claims filed with respect to weeks of unemployment during which an individual is attached to his/her regular employer that are filed within the time limit applicable to such claims under the law of the agent state.

008. Providing Assistance to Interstate Claimants

A. Each agent state, upon request by an interstate claimant, shall assist the individual with the understanding and filing of necessary notices and documents.

B. The liable state shall provide interstate claimants with access to information concerning the status of their claims throughout the normal business day.

009. Eligibility Review Program

The liable state shall schedule and conduct eligibility review interviews for interstate claimants.

010. Determination of Claims

A. The agent state shall, in connection with each claim filed by an interstate claimant, identify to the liable state in question, any potential issue relating to the claimant's availability for work and eligibility for benefits detected by the agent state.

B. The agent state's responsibility and authority in connection with the determination of interstate claims shall be limited to the identification of potential issues identified in connection with initial or weeks claimed filed through the agent state and the reporting of relevant facts pertaining to each claimant's failure to register for work or report for reemployment assistance as required by the agent state.

011. Appellate Procedure

A. The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims when so requested by a liable state.

B. With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date it is received by any qualified officer of the agent state.

C. The liable state shall conduct hearings in connection with appealed interstate benefit claims. The liable state may contact the agent state for assistance in special circumstances.

012. Extension of Interstate Benefit Payments to Include Claims Taken in and for Canada.

This regulation shall apply in all its provisions to claims taken in and for Canada.

History

• Effective 2001-06-04

Chapter 6 Benefits for Combined Wage Claims

Neb. Admin. Code tit. 219, ch. 6 Benefits for Combined Wage Claims {#sec-219-nac-6 omnilex-key=us-ne-regs-official--title-219--219 NAC 6}

001. The following chapter shall govern the Department in its administrative cooperation with other states adopting a similar requirement for the payment of benefits to combined wage claimants. This chapter is adopted pursuant to Neb. Rev. Stat. §48-607 and §48-668.

002. This arrangement is designed to establish a system whereby a claimant with covered employment in more than one state can combine all wages in one state in order to qualify for benefits to which he or she would not otherwise be eligible. All fifty states, the District of Columbia, and Puerto Rico must participate in this plan. Canada and the Virgin Islands do not participate.

003. As used in this chapter:

A. "State" includes the states of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico.

B. "Combined wage claim" is a claim filed under this arrangement.

C. "Combined wage claimant" is a claimant who has covered employment and wages under the unemployment compensation law of more than one state who has filed a claim under this arrangement.

D. "Paying state" is the state which will determine the claimant's monetary entitlement under its law using wages and employment transferred it by the other states in which the claimant worked during its base period and will make payments to the claimant.

E. "Transferring state" is any state in which a combined wage claimant had covered employment and wages in the base period of a paying state and which transfers such employment and wages to the paying state for its use in determining the benefit rights for such claimant under its law.

F. "Employment" and "wages". "Employment" refers to all services which are covered under the unemployment compensation law of a state, whether expressed in terms of weeks of work or otherwise. “Wages” refers to all remuneration for such employment.

G. "Base period" and “benefit year” is the base period as defined in 219 NAC 1 and benefit year applicable under the law of the paying state.

004. A claimant who has had covered employment in more than one state may elect to file a combined wage claim in a state in which the individual has earned wages during that state’s base period if he or she is eligible to establish a new benefit year. He or she may not so elect, however, if he or she has established a benefit year under any state or federal unemployment compensation law and (1) the benefit year has not ended, and (2) he or she has unused benefit rights based on such benefit year. (Federal or state extended benefits and benefits that have been postponed because of a disqualification that will not end at the close of some specified number of weeks are not considered unused for this purpose.)

005. A claimant has the right to combine all covered employment in the base period of one state if the combination will provide benefits for which he or she could not otherwise qualify or will increase the benefits for which he or she qualifies in a single state. If such option is exercised, all covered employment in the base period shall be included.

006. A claimant may not select a paying state. The state in which the claimant is filing is always the paying state if he or she has sufficient wages in its base period to be eligible under its benefit formula. If, after combining, he or she is still not eligible in the filing state, the paying state is the state in which the claimant's most recent covered employment occurred, if by combining he or she can qualify.

007. Because of the complexities of combining wages, disadvantages to the-claimant may not be apparent until after the monetary determination has been received. Therefore, the claimant has the right to withdraw from a combined wage claim any time before the monetary determination of the paying state becomes final, provided, that he or she either (1) repays in full any benefits paid to him or her, or (2) authorizes the state(s) against which he or she will claim benefits to withhold and forward to the former paying state a sum sufficient to repay such benefits.

008. If there is an overpayment outstanding in a transferring state, such state may request reimbursement from any benefits the paying state would otherwise pay to the claimant on his or her combined wage claim.

History

• Effective 2012-01-16

Chapter 7 Deduction for Retirement Pension

Neb. Admin. Code tit. 219, ch. 7 Deduction for Retirement Pension {#sec-219-nac-7 omnilex-key=us-ne-regs-official--title-219--219 NAC 7}

001. This chapter is adopted pursuant to Neb. Rev. Stat. '48-607 and '48-628.

002. Payments from employee/employer contributory retirement systems of a base period or chargeable employer are deductible in an amount equal to the percent of employer contribution.

A. When evidence is presented documenting employee/employer contributions, the weekly deductible pension shall be that amount which represents only the employer's percentage of the total weekly pension amount.

B. In the absence of evidence of employer/employee contributions, all employee/employer contributory retirement systems of a base period or chargeable employer shall be deemed to be fifty percent employee financed.

003. Employer-only contributory retirement systems maintained by a base period or chargeable employer are deductible based upon one-hundred percent of the claimant's pension.

004. Pension deductions will be made for any week with respect to which a claimant is receiving or has received a pension payment. A lump sum payment shall be prorated and deductions made in an amount reasonably attributed to each week.

History

• Effective 1993-01-24

Chapter 8 Leave of Absence

Neb. Admin. Code tit. 219, ch. 8 Leave of Absence {#sec-219-nac-8 omnilex-key=us-ne-regs-official--title-219--219 NAC 8}

001. This chapter is adopted pursuant to Neb. Rev. Stat. '48-602, '48-607, '48-627 and '48-628(l).

002.

A. The Department will consider a leave of absence to mean an absence from work when: (i) mutually and voluntarily agreed to by the employer and employee; (ii) mutually and voluntarily agreed to between the employer and the employee's bargaining agent; or (iii) to which the employee is entitled to as a matter of state or federal law.

B. National Guard and Reserve members called to active duty will be considered on a leave of absence if: (i) the claimant provides adequate notice of active duty call-up to his or her employer, and (ii) he or she makes application to return to work within thirty days after released from service or training.

003. A claimant shall be considered to not have severed the employment relationship upon the commencement of a leave of absence as established by the conditions in ' 002.

004.

A. A claimant meeting the conditions of a leave of absence in ' 002 who elects not to return to work upon the expiration of the leave of absence shall be considered to have voluntarily left the employment at the expiration of the leave.

B. A claimant meeting the conditions of leave of absence in ' 002.B who elects not to return to work upon the expiration of the leave of absence shall: (i) be considered to have voluntarily left at the time called to active duty if he or she is filing a claim for unemployment benefits within the thirty-day return to work period, or (ii) be considered to have voluntarily left on the end date of the thirty-day period following release from active duty if he or she is filing a claim for unemployment benefits after the thirty-day period has expired.

005. A claimant who finds that his or her employer will not allow a return to the agreed upon employment at the end of the leave of absence shall be considered to have been discharged at the expiration of the leave.

006. A claimant who leaves work for a definite period of time but does not seek and receive a reasonable assurance from the employer that the agreed upon employment will be available when that period of time expires shall be considered to have severed and voluntarily left the employment at the time of leaving work.

007. Intervening acts of the claimant or employer may be deemed to have terminated the leave of absence prior to its scheduled expiration.

008. It shall be presumed that an indefinite or temporary disciplinary suspension by the employer is not a mutually and voluntarily agreed to absence from work. For the purpose of determining eligibility for unemployment benefits, such a claimant is presumed to have been discharged by the employer at the time of the suspension.

009. If there is a finding that the employee is on a leave of absence, no charging determination shall be made as to an employee=s employment with the employer from which he or she is on a leave of absence until such time as an actual separation from such employment occurs. The subsequent chargeablity determination shall be applied to any current or future claim for benefits where the base period includes the period of employment during which the leave of absence occurred.

History

• Effective 2000-02-28

Chapter 9 Lost or Forged Benefit Checks

Neb. Admin. Code tit. 219, ch. 9 Lost or Forged Benefit Checks {#sec-219-nac-9 omnilex-key=us-ne-regs-official--title-219--219 NAC 9}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-607.

002. When a claimant alleges an unemployment insurance benefit check (1) has not been received or has been lost and (2) was not endorsed by claimant, a substitute check may be issued, provided:

A. It has been thirty days since the date of issuance or remailing and the check has not been presented for payment;

B. The claimant files an affidavit on a form prescribed by the Commissioner stating that the check has not been received or that it has been lost and was not endorsed by the claimant; or person authorized by the claimant.

C. The affidavit has been completed and returned by the claimant within ninety days from the date it was delivered or mailed to the claimant.

003. When a benefit check has been endorsed by and paid to someone other than the payee or someone authorized by the payee, the payee whose endorsement has been forged shall provide an affidavit on such form prescribed by the Commissioner. Upon receipt of the affidavit, the Department will submit the check and the affidavit to the bank upon which payment for the check was received. Upon receipt of a refund or credit from that bank, the Department will issue a duplicate check to the payee.

004. Any claim or request with respect to a forged or lost check must be made within ninety days from the date of issuance, unless good cause can be shown.

History

• Effective 1988-10-08

Chapter 10 Withholding Current or Future Benefits for Recoupment of Nonwillful Benefit Overpayments

Neb. Admin. Code tit. 219, ch. 10 Withholding Current or Future Benefits for Recoupment of Nonwillful Benefit Overpayments {#sec-219-nac-10 omnilex-key=us-ne-regs-official--title-219--219 NAC 10}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §§48-607 and 48-665.

002. As used in this chapter:

A. "Recoupment and/or recovery" refers to the application of current or future benefits to a benefit overpayment in order to reduce or clear the amount owed by the claimant.

B. "Application to Delay Overpayment Recovery" refers only to the form to be completed by the claimant requesting that application of current or future benefits to a benefit overpayment not be made.

C. “Hearing” refers to a predetermination fact-finding process conducted by an authorized unemployment insurance adjudicator without:

(1) administration of oaths, or

(2) application of rules of evidence.

003. Whenever a determination or redetermination by the Department results in a benefit overpayment to a claimant, the notice of determination or redetermination shall include the following information:

A. That the determination or redetermination resulted in an overpayment to the claimant and the amount of that overpayment;

B. That the claimant's current or future benefits will be applied to the overpayment unless, within ten days from the date the notice of determination or redetermination was mailed, the claimant contacts the nearest Nebraska Workforce Development Center or the Benefit Payment Control Unit by telephone, in person, or in writing to request delay in recovery of the overpayment from current or future benefits;

C. That recoupment may be delayed if

(1) the claimant was without fault in the cause of the overpayment, and

(2) it would defeat the purpose of the Employment Security Law or would be against equity and good conscience;

D. That to request delay in recoupment the claimant must complete and submit an application form provided by the Department and may provide any additional information or evidence that he or she so desires; that such additional information may be provided in person or, in the alternative, by telephone if a personal hearing is not feasible for the claimant due to distance, disability of the claimant, or other good cause, and that such additional information may include statements, either oral or written, of other persons; and

E. That an appealable, written determination will be issued.

004. A request for delay in recovery of an overpayment may be made by telephone, in writing, or by personal appearance. Upon such request, that claimant will be provided with the appropriate application form prescribed by the Commissioner. A claimant requesting assistance from the Department in completing his or her form will be provided such assistance. In addition to the application form, the Department will also provide the claimant with an informational sheet which shall provide the following information:

A. All information as outlined in paragraphs 003(C), (D), and (E) of this chapter;

B. The statutory standards for delaying recovery and a brief explanation of the Department's general interpretation of those standards;

C. That the Department will begin applying claimant's current or future benefits to the overpayment unless the completed application form has been returned to the Department within seven days from the issuance date of the application form to the claimant;

D. That if the claimant desires to present any information orally, he or she may present such information at a hearing before an authorized Unemployment Insurance adjudicator or, in the alternative, by telephone if a personal hearing is not feasible for the claimant due to distance, disability of the claimant, or other good cause. This hearing may be held at a time when the claimant returns the application form or, if requested by the claimant, held at a scheduled time which allows the claimant a reasonable opportunity to prepare for the hearing;

E. That the claimant may be represented by counsel and have the right to question any adverse witness present at the hearing;

F. That a written determination will be issued setting forth the reasons and evidence supporting the determination. Any adverse determination may be appealed to the Nebraska Appeal Tribunal.

G. That the filing of the application form for delay of recovery is a separate issue from the filing of an appeal of a determination of overpayment and that an appeal of the overpayment determination must be filed separately; and

H. That, pursuant to statute, the Department will not charge interest on the unpaid balance of the overpayment.

005. If the request for delay in recovery of an overpayment, as set forth in paragraph 004 of this chapter, is not made by the claimant within the required time period, the Department may begin withholding current or future benefits for application to the overpayment. The Department will accept such requests filed after the ten-day filing time has passed; however, if recoupment of the overpayment has already begun, recoupment will continue until such time as a determination which allows non-recoupment is issued. Such recoupments applied prior to the determination which allows non-recoupment will be retained by the Department as applied to the overpayment.

If the completed application to delay overpayment recovery is not submitted within the seven-day time limit, as set forth in 004(C) of this chapter, the Department may begin withholding current or future benefits for application to the overpayment. The Department will accept and determine applications filed after the seven-day filing time has passed. Once a fully completed form, Application to Delay Overpayment Recovery, is received by the Department, no further recoupments will be taken until such time as a determination adverse to the claimant is mailed. If the request to delay overpayment recovery is allowed, it will become effective the date of the determination and any recoupments applied to the overpayment prior to that date will be left as applied to the overpayment.

006. A claimant desiring to present any information orally will be permitted to do so. If possible, the authorized Unemployment Insurance adjudicator conducting the hearing shall be a person who has not had substantial contact with the particular case, but, in any event, the authorized Unemployment Insurance adjudicator shall perform in an impartial manner. A written determination will be made by the authorized Unemployment Insurance adjudicator before whom the recoupment hearing was held and shall set forth the result and the reasons and evidence supporting the result.

007. In the event of a determination adverse to the claimant, the Department will begin withholding for the overpayment no sooner than the date on which the written determination is duly mailed to the claimant unless the Department had already begun withholding due to an untimely action by the claimant.

008. Any benefits applied to the overpayment as a result of untimely request or late return of completed application by the claimant prior to the mailing of the determination favorable to the claimant, will remain applied to the overpayment.

History

• Effective 2001-06-04

Chapter 11 Recoupment of Willful Overpayments by Withholding Future Benefits

Neb. Admin. Code tit. 219, ch. 11 Recoupment of Willful Overpayments by Withholding Future Benefits {#sec-219-nac-11 omnilex-key=us-ne-regs-official--title-219--219 NAC 11}

001. This chapter is adopted pursuant to Neb. Rev. Stat. '48-607 and '48-665.

002. Whenever a determination or redetermination by the Department results in a willful benefit overpayment to a claimant, the notice of determination or redetermination shall include the following information:

A. That the determination or redetermination resulted in an overpayment to the claimant and the amount of that overpayment;

B. That the overpayment was caused by the claimant's willful failure to disclose relevant information or falsification as to any material fact or facts;

C. The effective date of the cancellation of uncharged wage credits;

D. That since the claimant was at fault in the cause of the overpayment, relief from withholding of current or future benefits pursuant to Section 48-665 of the Nebraska Revised Statutes is denied;

E. That the determination or redetermination can be appealed as prescribed in Section 48-634 of the Nebraska Revised Statutes.

History

• Effective 1988-10-08

Chapter 12 Recovery of Benefit Overpayments for Another State

Neb. Admin. Code tit. 219, ch. 12 Recovery of Benefit Overpayments for Another State {#sec-219-nac-12 omnilex-key=us-ne-regs-official--title-219--219 NAC 12}

001. This chapter is adopted pursuant to Neb. Rev. Stat. '48-607 and '48-665.01.

002. As used in this chapter:

A. "State" includes the States of the United States of America, the District of Columbia, Puerto Rico, and the Virgin Islands.

B. "Offset" means the withholding of an amount against benefits which would otherwise be payable for a compensable week of unemployment.

C. "Overpayment" means an improper payment of benefits, from a State or Federal unemployment compensation fund, that has been determined recoverable under the Requesting State's law.

D. "Participating State" means a State which has subscribed to the Interstate Reciprocal Overpayment Recovery Arrangement.

E. "Paying State" means the State under whose law a claim for unemployment benefits has been established on the basis of combining wages and employment covered in more than one State.

F. "Recovering State" means the State that has received a request for assistance from a "Requesting State."

G. "Requesting State" means the State that has issued a final determination of overpayment and is requesting another State to assist it in recovering the outstanding balance from the overpaid individual.

H. "Transferring State" means a State in which a combined wage claimant had covered employment and wages in the base period of a paying State, and which transfers such employment and wages to the paying State for its use in determining the benefit rights of such claimant under its law.

I. "Liable State" means any State against which an individual files, through another State, a claim for benefits.

003. The requesting State shall:

A. Send the recovering State a written request for overpayment recovery assistance which includes:

1. certification that the overpayment is legally collectable under the requesting State's law;

2. certification that the determination is final;

3. a statement as to whether the State is participating in cross-program offset by agreement with the U.S. Secretary of Labor; and,

4. a copy of the initial overpayment determination and a statement of the outstanding balance.

B. Send notice of this request to the claimant; and,

C. Send to the recovering State a new outstanding overpayment balance whenever the requesting State receives any amount of repayment from a source other than the recovering State (e.g., interception of tax refund, etc.)

004. The recovering State shall:

A. The recovering State shall not redetermine the original overpayment determination.

B. Issue an overpayment recovery determination to the claimant which includes at a minimum:

1. the statutory authority for the offset;

2. the name of the State requesting recoupment;

3. the date of the original overpayment determination;

4. type of overpayment (fraud or nonfraud);

5. program type (UI, UCFE, UCX, TRA, etc.);

6. total amount to be offset;

7. the amount to be offset weekly;

8. the right to appeal the determination to recover the overpayment by offset.

C. Offset benefits payable for each week claimed in the amount determined under State law; and,

D. Provide the claimant with a notice of the amount offset; and,

E. Prepare and forward, no less than once a month, a check representing the amount recovered made payable to the requesting State, except as provided in 005.A(1)(b) of this chapter.

F. Retain a record of the overpayment balance in its files until at least the exhaustion of benefits, end of the benefit year, exhaustion or end of an additional or extended benefits period, or other extensions of benefits, whichever is later.

005. Overpayment recovery involving combined wage claim:

A. The paying State shall:

1. When recovering an outstanding overpayment for transferring State on a combined wage claim:

a. Offset any outstanding overpayment in a transferring State(s) prior to honoring a request from any other "participating State" under this arrangement.

b. Credit the deductions against the Statement Of Benefits Paid To Combined Wage Claimants, Form IB-6, or forward a check to the transferring State as described in 004.E of this chapter.

2. Honor withdrawal request of a combined wage claim after benefits have been paid only if the combined wage claimant has repaid any benefits paid on the combined wage claim or authorizes the new liable State to offset the overpayment.

a. Upon withdrawal of a combined wage claim, issue an overpayment determination and forward a copy, together with an overpayment recovery request and an authorization to offset, with the initial claim to the new liable State.

B. The recovering State involved in a withdrawn combined wage claim (which is the new liable State) shall:

1. Offset the total amount of any overpayment, resulting from the withdrawal of a combined wage claim, prior to the release of any payments to the claimant;

2. Offset the total amount of any overpayment, resulting from the withdrawal of a combined wage claim prior to honoring a request from any other participating State under this arrangement;

3. Provide the claimant with a notice by mail to the last known address for the amount of recovery; and,

4. Prepare and forward a check representing the amount recovered to the requesting State as described in 004.E of this chapter.

006. Records of any and all of the preceding recovery requests, offsets, and payments shall be available for inspection by the claimant or designated representative.

007. The recovering State shall offset benefits payable under a State unemployment compensation program to recover any benefits overpaid under a Federal unemployment compensation program (as described in the Recovering State's Agreement with the Secretary of Labor) and vice versa, in the same manner as required under subsection 004 and 005 of this chapter, as appropriate, if the recovering State and requesting State have entered into an agreement with the U.S. Secretary of Labor to implement Section 303(g)(2) of the Social Security Act.

History

• Effective 1988-10-08

Chapter 13 Processing Uncollectible Benefit Overpayments

Neb. Admin. Code tit. 219, ch. 13 Processing Uncollectible Benefit Overpayments {#sec-219-nac-13 omnilex-key=us-ne-regs-official--title-219--219 NAC 13}

001. This chapter is adopted pursuant to Neb. Rev. Stat. '48-607.

002. The Commissioner may, at his or her discretion, charge to a suspense or uncollectible-debt account any benefit overpayment when collection from the claimant is unlikely. Any overpayment charged to this account may be subsequently removed from the account and reactivated if it appears that collection of at least a portion of the overpayment becomes possible.

History

• Effective 1988-10-08

Chapter 14 Voluntary Leave Due to Health Reasons

Neb. Admin. Code tit. 219, ch. 14 Voluntary Leave Due to Health Reasons {#sec-219-nac-14 omnilex-key=us-ne-regs-official--title-219--219 NAC 14}

001. This chapter is adopted pursuant to Neb. Rev. Stat. '48-607

002. Where an individual is endangering his/her health by continued employment in a designated occupational field, he/she may terminate his/her employment with good cause providing there is credible evidence supporting the conclusion that continued employment in this position or any other position would endanger his/her health. Such evidence may include, but is not limited to:

A. Any report, letter, or affidavit, from a medical doctor licensed to practice medicine in the United States.

B. Any report, letter, or affidavit, from an agency or representative of the United States of America, State of Nebraska, any sister states, or political subdivisions.

History

• Effective 1988-10-08

Chapter 15 Monetary and Non-Monetary Redeterminations

Neb. Admin. Code tit. 219, ch. 15 Monetary and Non-Monetary Redeterminations {#sec-219-nac-15 omnilex-key=us-ne-regs-official--title-219--219 NAC 15}

001. Pursuant to Neb. Rev. Stat. §48-631 and §48-607, the Commissioner or the Commissioner’s designee may redetermine a previous monetary or non-monetary determination if (1) there is an error in computation or identity, (2) pertinent wages not previously considered have been newly discovered, or (3) benefits have been allowed or denied or the amount fixed based upon misrepresentations of fact. When deciding if a redetermination should be made, the following definitions shall provide guidelines:

A. "Error in computation". Erroneous information based on omission, misconception, or mathematical error with a resultant consequence of altering claimant eligibility.

B. "Error in identity". The identity of a specific individual or employer as claimed or asserted which does not meet the condition of being the same as described.

C. "Newly discovered wages". Wages for an individual relevant to their eligibility which have not been previously known or incorrectly reported and documented.

D. "Misrepresentation of fact". An indication by words or other conduct by a person(s) to another that, under the circumstances, amounts to an assertion by words or other conduct not in accordance with the facts, and that if accepted leads the mind of the person relying thereon to an understanding other and different from that which actually exists. Misrepresentation can occur either ignorantly or intentionally:

(1) Ignorance, when it produces legal consequences, may be defined as misrepresentation. In other words, the party supplying information is not cognizant of true facts; and

(2) Intentional misrepresentation is a falsehood or untruth made with the design or purpose of deceit. Misrepresentation may consist in the concealment of what is true as well as in the assertion of what is false. In order to constitute fraud, statements must be made with the intent of securing benefits to which they are not entitled or preventing payment of eligible benefits.

History

• Effective 2012-01-16

Chapter 16 Intercept of Income Tax Refunds to Set-Off Debts Due the Nebraska Department of Labor

Neb. Admin. Code tit. 219, ch. 16 Intercept of Income Tax Refunds to Set-Off Debts Due the Nebraska Department of Labor {#sec-219-nac-16 omnilex-key=us-ne-regs-official--title-219--219 NAC 16}

001. This chapter is adopted pursuant to Neb. Rev. Stat. '48-607, 48-655, 48-665, 48-665.01, 77-27,119, and 77-27,197 to 77-27,209.

002. As used in this chapter:

A. "Debtor" refers to any individual, partnership, corporation, or other entity:

1. Who received unemployment insurance benefits to which he/she was not entitled, or

2. Who owes delinquent unemployment insurance contribution taxes, interest, or penalty.

B. "Debt" refers to an amount of money due to Labor because of an unemployment insurance benefit overpayment or because of delinquent contribution taxes, interest, or penalty.

C. "Refund" refers to any Nebraska state income tax refund which Revenue determines to be due an individual, corporation, or business taxpayer.

D. "Set-off" refers to the application of an income tax refund toward a debt due to Labor.

E. "Hearing" refers to an administrative proceeding conducted by Labor's Appeal Tribunal.

F. "Labor" refers to the Nebraska Department of Labor.

G. "Revenue" refers to the Nebraska Department of Revenue.

003. Any debt of twenty-five dollars or more, which has been finally determined and the appeal period from said final determination having expired, may be matched for possible set-off against income tax refunds as determined by Revenue.

004. Within twenty days of notification from Revenue of an income tax refund available for set-off, Labor will send a written notification to the taxpayer of intent to set-off the tax refund against the debt due to Labor.

A. The notice will be sent by regular mail to the last-known address of the debtor.

B. The notice will set forth the basis for the claim against the refund.

C. In the case of a joint income tax return, the notice will:

1. Advise that each partner to the marriage shall be presumed to have contributed one-half of the earn-ings upon which the refund is based and, therefore,

one-half shall be subject to set-off.

2. Advise that this presumption may be contested through Labor's appeal process, by Labor, the debtor, or the innocent spouse.

3. Advise the name of the taxpayer against whom no debt is claimed and that no action is necessary by the non-owing spouse to receive payment of the non-interceptable amount.

D. The notice will advise that, within twenty days of mailing of Labor's notification of claim for set-off, the debtor can request a hearing to contest the validity of the claim by giving written notice to Labor. Failure to file said request for a hearing will be deemed a waiver of the opportunity to contest the claim, causing a set-off by default.

E. The notice will provide the address where a request for hearing must be filed.

005. Administrative appeals involving recoupment of unemployment insurance benefit overpayments pursuant to this regulation shall be conducted in accordance with Title 224, Chapter 1 of the Nebraska Department of Labor's regulations.

006. Administrative appeals involving recoupment of unemployment insurance contribution taxes pursuant to this regulation shall be conducted in accordance with Title 223, Chapter 1 of the Nebraska Department of Labor's regulations.

007. Income tax refunds intercepted will be placed in Labor's "Income Tax Set-Off Account" and held by the Department of Administrative Services pending final determination. Upon final determination, monies so held will then be applied to the debtor's account and/or refunded to the debtor as determined. A receipt will be issued to the debtor showing the amount of income tax refund available to Labor for set-off, the amount of certified debt, the amount applied to the debt, balance of the debt after application of the set-off, and any excess amount refunded to the debtor.

History

• Effective 1994-10-02

Chapter 17 Profiling

Neb. Admin. Code tit. 219, ch. 17 Profiling {#sec-219-nac-17 omnilex-key=us-ne-regs-official--title-219--219 NAC 17}

001. The profiling system set forth in sections 001 to 007 of this chapter shall be utilized in determining those workers referred by the Commissioner for reemployment services pursuant to Neb. Rev. Stat. §48-627(6). The primary purpose of this profiling system is to identify and assist workers who are permanently separated from their employment due to layoff and who are likely to exhaust their unemployment benefits.

002. All claimants shall be reviewed to determine if they meet the current criteria for receiving reemployment services. The initial review shall occur immediately after a claimant has been paid unemployment benefits for his/her first week of eligibility in a new benefit year. The Commissioner may exclude interstate claimants from the review process.

003. Claimants for whom the work search requirements have been waived pursuant to 219 NAC 4, section 007 shall be deemed attached employees and shall not be referred for reemployment services.

004. The following factors may be utilized in the statistical model used to determine those individuals most likely to exhaust their unemployment benefits and benefit from reemployment services:

A. The claimant's most recent separation from employment was due to a layoff occurring within three months of his/her first week of eligibility in his/her new benefit year;

B. Claimants selected for reemployment services shall be claimants who have received their first UI Benefits check;

C. The claimant's educational training and job tenure in his/her most recent employment;

D. Whether the claimant was last employed in a declining industry;

E. Whether the claimant's last employment was an occupation for which there is a low demand for workers; and

F. Such other factors as the Commissioner may deem likely to determine the probability of the dislocated worker exhausting his/her unemployment benefits before finding reemployment.

005. Factors that shall not be used in determining which claimants are selected for referral for reemployment services are:

A. The claimant's age;

B. The claimant's race, color, ethnic origin, national origin or citizenship;

C. The claimant's sex;

D. The claimant's disability or disabilities;

E. The claimant's political affiliation; and

F. The claimant’s religion.

006. The claimants referred for reemployment services shall be referred to an employment services office operated by the Nebraska Department of Labor, or other such entities as the Commissioner of Labor shall deem appropriate. No claimant shall be referred to, or required to participate in, reemployment services for which a fee is charged.

007. Claimants not referred for reemployment services may apply to receive such services. Participation in reemployment services under this section does not affect registration for work if required by the Commissioner.

History

• Effective 2015-10-13

Chapter 18 Levy for Unpaid Overpayments

Neb. Admin. Code tit. 219, ch. 18 Levy for Unpaid Overpayments {#sec-219-nac-18 omnilex-key=us-ne-regs-official--title-219--219 NAC 18}

001. AUTHORITY. This chapter is adopted pursuant to Neb. Rev. Stat. §§48-607 and 48-663.01.

002. FAILURE TO RESPOND TO LEVY. If a person, partnership, corporation, limited liability company, limited liability partnership or other legal entity fails or refuses to respond to the levy within fifteen (15) days of the date the person, partnership, corporation, limited liability company, limited liability partnership or other legal entity is served with the levy, the Commissioner may commence legal proceedings against the person to collect the full amount of the overpayment owed up to the value of the assets that are under the control of the person upon whom the levy is served at the time of service and thereafter.

003. APPEALS OF LEVY.

A. An overpayment recipient may appeal a levy imposed by Neb. Rev. Stat. §48-663.01, but such appeal shall not act as a stay of the levy.

B. The party appealing must appeal in writing, and the appeal must be delivered and received by the Department of Labor within thirty days after the service date of the notice of levy.

C. The appeal of said levy shall generally be governed by the appeal procedures set forth in 224 NAC 1. If any regulations in 224 NAC 1 conflict with the regulations in this chapter, the regulations in this chapter shall govern.

History

• Effective 2008-05-28

Chapter 19 Short-Time Compensation Program

Neb. Admin. Code tit. 219, ch. 19 Short-Time Compensation Program {#sec-219-nac-19 omnilex-key=us-ne-regs-official--title-219--219 NAC 19}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §§48-607; 48-672 through 48-683.

002. Definitions

A. Additional employee means any person hired to the affected unit if the hiring would increase the number of employees from the number on the short time compensation (STC) plan application.

B. Operating on its regular basis means the average usual weekly hours worked by an employee in the affected unit for the 12 months immediately prior to submission of the STC plan.

C. STC Employer means the employer participating in an approved STC plan.

003. Short-time compensation plan

A. Any employer wishing to participate in the STC program shall complete and submit an STC plan application in a form and manner designated by the commissioner.

B. The commissioner will approve or deny an STC plan within 30 days of receiving a completed STC plan application. If an STC plan application is approved, the commissioner shall notify the STC employer of the effective date of the STC plan.

C. An STC plan may only apply to an affected unit that consists of three or more employees.

D. An STC plan may only apply to permanent employees of the STC employer in the affected unit. Workers hired through an employee-leasing company are not eligible for STC benefits.

E. An STC plan must provide that all members of an affected unit and any other workers performing similar services within the affected unit will have their usual weekly hours worked reduced by the same percentage, which must be between 10 percent and 60 percent.

F. An employee may only be in one affected unit for purposes of an employer’s STC plan and may not be included in more than one STC plan for the same employer.

G. In calculating an employee’s usual weekly hours worked, an STC employer shall use the following principles:

i. If the employee is paid on an hourly basis, the usual weekly hours worked shall be based on the actual average weekly hours worked when the STC employer was operating on its regular basis but shall be no more than 40.

ii. If the employee is paid on a salary basis, the employee’s percentage of hours reduced must match the percentage the employee’s salary is reduced by the STC employer, but the usual weekly hours worked shall be no more than 40.

iii. If the employee is paid on any basis other than hourly or salary, the STC employer must explain in its plan application how it will establish a percentage of hours reduced for the purpose of the STC plan. The usual weekly hours worked shall be no more than 40.

004. Changes and Modifications to an Approved STC Plan

A. An STC employer making any change, which is not a substantial change, to an approved STC plan shall promptly notify the commissioner in a form and manner designated by the commissioner.

B. An STC employer proposing a substantial change to an approved STC plan shall seek a plan modification using a form and method designated by the commissioner.

C. A change to an STC plan shall be presumed to be a substantial change if the change impacts the entire affected unit and lasts or is expected to last more than two consecutive weeks.

D. If an STC employer makes a change to an approved STC plan that impacts an entire affected unit for more than two consecutive weeks without an approved plan modification, the STC employer shall show good cause why this does not constitute a substantial change. Failure to show good cause may result in plan revocation.

E. An STC employer shall notify all employees in an affected unit of any substantial change to an STC plan.

005. Additional Employees

A STC employer shall not hire any additional employee for the affected unit or contract for the performance of similar services within the affected unit while the STC plan is in effect. An employer may, if necessary, hire a replacement employee to replace any employee who was in the affected unit at the time of the STC plan application but left the affected unit during the STC plan. The usual weekly hours of the replacement employee shall be the same as the usual hours of the replaced employee.

006. Weekly Benefit Process

A. STC Employer Requirements

i. Following each benefit week during which an STC employer has an active, approved STC plan, the STC employer shall submit a weekly certification for all employees covered by the STC plan in a form and manner directed by the commissioner. This weekly certification shall be submitted no later than the Saturday following the benefit week being certified.

ii. An STC employer’s failure to submit a weekly certification prior to the deadline set by the commissioner may provide the commissioner with good cause to revoke the STC plan.

B. Participating Employee Requirements

i. To elect to receive benefits under an STC plan, an employee in an affected unit must file an application for unemployment compensation in a form and manner directed by the commissioner.

ii. An individual electing to participate in an STC plan must provide any information requested by the commissioner to determine the individual’s eligibility for STC benefits or the individual’s weekly benefit amount. Failure to provide information as directed may result in denial of STC benefits.

iii. If an individual is not eligible for STC benefits during a benefit week, the individual may receive regular unemployment compensation for that week if otherwise eligible. To receive any regular unemployment compensation for which the individual may be eligible, the individual shall timely file a weekly certification under the rules and regulations governing regular unemployment compensation.

C. Eligibility and Weekly Benefit Amount

i. An individual is available for all usual hours of work if, for all usual hours of work, the Participant was either actually available to work or on leave approved by the STC employer.

ii. Leave taken during a benefit week with approval of the STC employer, including but not limited to sick leave, holiday leave, personal time off, and vacation leave, shall be treated as actual hours worked during that week for the purpose of calculating STC benefits.

iii. If an individual is covered by more than one approved STC plan, each with a different employer, for a benefit week, the individual’s usual hours worked shall be the individual’s combined usual hours worked for all STC employers but shall not be more than 40 hours. The individual’s actual hours worked for a benefit week will be the combined hours the individual worked for all employers during that week.

iv. If an individual’s weekly benefit amount is based primarily on wages earned from an STC employer, a separation from employment with a non-STC employer after the effective date of an approved STC plan will not result in assessment of a time disqualification for the individual.

007. STC Plan Review

A. The commissioner may audit an STC plan at any time to review compliance.

B. The commissioner may redetermine an individual’s eligibility for STC benefits or benefit amount for any benefit week if the commissioner determines that the original determination was based on inaccurate information or an error in calculation. The commissioner shall make no redetermination after two years from the date of the original determination.

C. If at any time an STC employer fails to meet the eligibility requirements in Neb. Rev. Stat. §48-675, the commissioner shall notify the STC employer and the STC employer shall be required to respond, in a form and manner directed by the commissioner, to show good cause. Failure to show good cause may result in plan revocation.

008. Employer Plan Termination

A. An employer may terminate its STC Plan at any time by providing written notice in a form and manner directed by the commissioner. The commissioner shall issue a notice of plan termination indicating the effective date of the termination.

B. When a plan is terminated, revoked, or expired according to its terms, the STC employer is required to post a notice of plan termination in a conspicuous place available to all employees in an affected unit covered by the STC Plan for 30 days following the plan termination.

History

• Effective 2022-10-16

Chapter 20 Extended Benefits

Neb. Admin. Code tit. 219, ch. 20 Extended Benefits {#sec-219-nac-20 omnilex-key=us-ne-regs-official--title-219--219 NAC 20}

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-628.15

002. As used in Neb. Rev. Stat. § 48-628.15(5), a systematic and sustained effort to obtain work means:

A. Five reemployment activities completed per benefit week. At least three of a claimant’s five reemployment activities each benefit week shall be applications for permanent employment. Each application for employment shall be for suitable work as defined by Neb. Rev. Stat. §48 628.15(5). Applications for suitable work shall be made in a method accepted by the employer.

B. The following items will count as a reemployment activity as used in paragraph 002(A) above:

1. Conducting work searches using Internet job banks as well as professional/trade publications (the URL for the site searched and the date the web site was accessed shall be provided to the Department of Labor).

2. Applying to a job posting through the Nebraska Department of Labor’s web application for reemployment services (NEworks.nebraska.gov).

3. Applying to a job posting through an Internet job bank or directly through an employer’s website (proof of the date of application and job applied for shall be shall be provided to the Department of Labor).

4. Attending a resume writing class for the purpose of preparing or revising a resume for submission to a job posting.

5. Attending job seeking skills classes, workshops, or job clubs.

6. Meeting with a career counselor.

7. Taking a civil service exam.

8. Taking a pre-employment exam, at the request of an employer.

9. Visiting an employer's place of business to fill out a job application.

History

• Effective 2020-09-30

Chapter 21 Investigations Under Neb. Rev. Stat. §48-663.01 to §48-665.01

Neb. Admin. Code tit. 219, ch. 21 Investigations Under Neb. Rev. Stat. §48-663.01 to §48-665.01 {#sec-219-nac-21 omnilex-key=us-ne-regs-official--title-219--219 NAC 21}

LAST REVISION DATE - NEW CHAPTER

001. This chapter is adopted pursuant to Neb. Rev. Stat. §48-607 and §48-663.01 to §48-665.01.

002. When the commissioner sends a notice providing a claimant an opportunity to contest proposed findings that the commissioner has made as part of an investigation conducted pursuant to Neb. Rev. Stat. §48-663.01 to §48-665.01, the claimant shall have 10 days from the mail date listed on the notice to respond in a form and manner directed by the commissioner.

History

• Effective 2022-10-16