No. 27926 (Amendment): R994-404-101. Claimants Who Qualify for an Adjustment to the Base Period

DAR File No.: 27926
Filed: 05/16/2005, 05:38
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for the change is to clarify Department intent.

 

Summary of the rule or change:

The current rule provides that a claimant must be off work for seven weeks to use the alternative base period in the event of a workers' compensation injury. The Department intended that the claimant be receiving temporary total disability (TTD) for seven weeks, not just off work and has interpreted the rule that way since last amended. This proposed amendment clarifies the Department's position and insures uniform treatment in these cases.

 

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:

There will be no costs or savings to the state budget. This is a federally-funded program and this proposed amendment is intended to interpret and clarify state law on this issue. If anything, this will result in a minor savings to the state in the case where an individual was off work for seven weeks but did not receive seven weeks of TTD.

 

local governments:

There will be no costs or savings to local governments. This is a federally-funded program. If anything, this will result in a minor savings to local governments in the case where an individual was off work for seven weeks but did not receive seven weeks of TTD.

 

other persons:

This could result in a very slight savings to employers but only in cases where the claimant was off work for seven weeks but on TTD for less than seven weeks. Claimants will not lose benefits just not be able to use an alternative base year. It is not seen as affecting more than one or two claimant's per year, if at all.

 

Compliance costs for affected persons:

There are no compliance costs associated with this proposed amendment and thus it will not cost any persons any sums of money to comply with this rule.

 

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

There will be no fiscal impact on businesses. Some employers might see a very tiny savings in unemployment compensation costs but it is so slight as to be insignificant. Tani Downing, 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
Workforce Information and Payment Services
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 [e-mail]

 

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:

07/01/2005

 

This rule may become effective on:

07/02/2005

 

Authorized by:

Tani Downing, Executive Director

 

 

RULE TEXT

R994. Workforce Services, Workforce Information and Payment Services.

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 been off work for at least seven weeks during the normal base period due to a work related illness or injury. The weeks need not be consecutive;

(b) ]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 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.

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

 

KEY: unemployment compensation, workers' compensation

[August 18, 2004]2005

Notice of Continuation May 23, 2002

35A-4-404