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