Minnesota 2023-2024 Regular Session

Minnesota House Bill HF157 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to unemployment; modifying notice requirements; amending Minnesota
3	3	1.3 Statutes 2022, section 268.07, subdivision 1.
4	4	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5	1.5 Section 1. Minnesota Statutes 2022, section 268.07, subdivision 1, is amended to read:
6	6	1.6 Subdivision 1.Application for unemployment benefits; determination of benefit
7	7	1.7account.(a) An application for unemployment benefits may be filed in person, by mail, or
8	8	1.8by electronic transmission as the commissioner may require. The applicant must be
9	9	1.9unemployed at the time the application is filed and must provide all requested information
10	10	1.10in the manner required. If the applicant is not unemployed at the time of the application or
11	11	1.11fails to provide all requested information, the communication is not an application for
12	12	1.12unemployment benefits.
13	13	1.13 (b)(1) The commissioner must examine each application for unemployment benefits to
14	14	1.14determine the base period and the benefit year, and based upon all the covered employment
15	15	1.15in the base period the commissioner must determine the weekly unemployment benefit
16	16	1.16amount available, if any, and the maximum amount of unemployment benefits available,
17	17	1.17if any. The determination, which is a document separate and distinct from a document titled
18	18	1.18a determination of eligibility or determination of ineligibility issued under section 268.101,
19	19	1.19must be titled determination of benefit account. A determination of benefit account must
20	20	1.20be sent to the applicant and all base period employers, by mail or electronic transmission.
21	21	1.21 (2) Upon an application for unemployment benefits, the initial correspondence sent to
22	22	1.22each base period employer or the determination of benefit account, whichever is earlier,
23	23	1.23shall provide the base period employer an opportunity to select that any unemployment
24	24	1Section 1.
25	25	REVISOR SS/BM 23-0074612/12/22
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 157
31	31	NINETY-THIRD SESSION
32	32	Authored by Feist01/09/2023
33	33	The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy 2.1benefits paid to the applicant: (i) should not be used in computing the base period employer's
34	34	2.2future tax rate as a taxpaying base period employer; or (ii) should not be charged to the base
35	35	2.3period employer's reimbursable account as a base period nonprofit or government employer
36	36	2.4that has elected to be liable for reimbursement, based on an exception under section 268.047,
37	37	2.5or another applicable provision of chapter 268. The department shall utilize this selection
38	38	2.6to provide clearer targeted correspondence to base period employers and applicants. A base
39	39	2.7period employer who is not liable for an applicant's unemployment benefits shall be informed
40	40	2.8as soon as practicable that the applicant's unemployment benefit payments will not impact
41	41	2.9the assessments to that employer's tax account and will not be charged to that employer's
42	42	2.10reimbursable account. Correspondence to base period employers shall be written in plain
43	43	2.11language and in a form and manner understandable to a person of average intelligence.
44	44	2.12 (c) If a base period employer did not provide wage detail information for the applicant
45	45	2.13as required under section 268.044, the commissioner may accept an applicant certification
46	46	2.14of wage credits, based upon the applicant's records, and issue a determination of benefit
47	47	2.15account.
48	48	2.16 (d) The commissioner may, at any time within 24 months from the establishment of a
49	49	2.17benefit account, reconsider any determination of benefit account and make an amended
50	50	2.18determination if the commissioner finds that the wage credits listed in the determination
51	51	2.19were incorrect for any reason. An amended determination of benefit account must be
52	52	2.20promptly sent to the applicant and all base period employers, by mail or electronic
53	53	2.21transmission. This subdivision does not apply to documents titled determinations of eligibility
54	54	2.22or determinations of ineligibility issued under section 268.101.
55	55	2.23 (e) If an amended determination of benefit account reduces the weekly unemployment
56	56	2.24benefit amount or maximum amount of unemployment benefits available, any unemployment
57	57	2.25benefits that have been paid greater than the applicant was entitled is an overpayment of
58	58	2.26unemployment benefits. A determination or amended determination issued under this section
59	59	2.27that results in an overpayment of unemployment benefits must set out the amount of the
60	60	2.28overpayment and the requirement under section 268.18, subdivision 1, that the overpaid
61	61	2.29unemployment benefits must be repaid.
62	62	2Section 1.
63	63	REVISOR SS/BM 23-0074612/12/22