No. 36094 (5-year Review): Rule R994-401. Payment of Benefits

DAR File No.: 36094
Filed: 04/25/2012 01:18:23 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 35A-1-104 authorizes the Department of Workforce Services to adopt rules. Subsection 35A-1-104(4) authorizes the Department to establish eligibility standards for its programs. Subsection 35A-4-502(1)(b) authorizes the Department to make rules necessary for the administration of the Employment Security Act. Section 35A-4-401 provides for how to calculate benefit amount and monetary eligibility.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department has not received any comments during the last five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is necessary to determine monetary eligibility for benefits, the weekly benefit amount and the maximum benefit amount for each claim. The rule also explains what wages are used for determining eligibility and how retirement is counted when determining the weekly benefit amount. The rule is also necessary for determining concurrent liability when there is no separation from a part-time reimbursable employer. Finally, the rule explains a claimant's obligations for reporting income while receiving unemployment benefits. Therefore, this rule should be continued.

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 [e-mail]

Authorized by:

Kristen Cox, Executive Director

Effective:

04/25/2012

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