60BB-3.0251: Definitions Relating to Emergency Unemployment Compensation
60BB-3.0252: Emergency Unemployment Compensation
60BB-3.0253: Emergency Unemployment Compensation Individual Accounts
60BB-3.0254: How to Apply for Emergency Unemployment Compensation
PURPOSE AND EFFECT: The new rules set forth in this Notice of Proposed Rulemaking implement the procedures and policy relating to the federally funded Emergency Unemployment Compensation Program created by Public Laws 110-252, 110-449, and 111-5 and implemented in Florida through an agreement between the State of Florida and the United States Department of Labor.
SUMMARY: The new rules define terms used in connection with the Emergency Unemployment Compensation Program, describe eligibility criteria and notice requirements, provide a methodology for computing total amount of available benefits, and inform individuals how to apply for Emergency Unemployment Compensation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 443.1317(1)(b) FS.
LAW IMPLEMENTED: 443.036, 443.091, 443.101, 443.111, 443.151, 443.191, 443.221(3) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, October 2, 2009, 2:00 p.m. EDT
PLACE: Agency for Workforce Innovation, Room 114, 107 E. Madison Street, Tallahassee, Florida 32399-4128
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John R. Perry, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, (850)245-7150
THE FULL TEXT OF THE PROPOSED RULE IS:
60BB-3.0251 Definitions Relating to Emergency Unemployment Compensation.
(1) Emergency Unemployment Compensation: A federally funded program created by Public Laws 110-252, 110-449, and 111-5 and implemented in Florida through an agreement between the Agency for Workforce Innovation and the United States Department of Labor which provides additional weeks of unemployment benefits to qualified individuals who have exhausted their rights to regular unemployment compensation on claims that were effective on or after May 2, 2006.
(2) Extended unemployment compensation: Benefits, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. ss. 8501-8525, that are payable to an individual under Section 443.1115, Florida Statutes.
(3) Qualifying benefit year: The benefit year established on a Florida claim for regular unemployment compensation which was effective on or after May 2, 2006, and is the basis of the individual’s eligibility for emergency unemployment compensation.
(4) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, Florida Statutes, including benefits payable to federal civilian employees and to ex servicemembers under 5 U.S.C. ss. 8501-8525, other than extended unemployment compensation under Section 443.1115, Florida Statutes.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.221(3) FS. History–New________.
60BB-3.0252 Eligibility for Emergency Unemployment Compensation.
(1) Eligibility Conditions. Emergency Unemployment Compensation is available to individuals who:
(a) Have exhausted all rights to regular unemployment compensation on a Florida claim with a benefit year that ended on or after May 1, 2007;
(b) Have no rights to unemployment compensation under any other state or federal law;
(c) Are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and
(d) Are legally authorized to work in the United States.
(2) Exhaustion of Benefits. For purposes of this rule, an individual has exhausted all rights to regular unemployment compensation when that individual:
(a) Has received all regular unemployment compensation available on the qualifying benefit year; or
(b) Had rights to regular unemployment compensation on the qualifying benefit year, but those rights were terminated because the benefit year ended.
(3) Amount Payable.
(a) The amount of emergency unemployment compensation payable to an individual for any week of total unemployment will be equal to the amount of regular unemployment compensation payable during the individual’s qualifying benefit year for a week of total unemployment.
(b) The maximum amount of emergency unemployment compensation payable to any individual will not exceed the amount established for such individual in the emergency unemployment compensation account described in Rule 60BB-3.0253, F.A.C.
(4) Applicable Law. The terms and conditions of the law under which the individual claimed and received regular unemployment compensation will apply to claims for and payment of emergency unemployment compensation.
(5) Overpayments. An individual who receives emergency unemployment compensation to which he is not entitled will repay any such overpayment to the Agency for Workforce Innovation. The requirement to repay the overpayment will not be waived.
(a) The Agency may recoup any such overpayments by deducting 50 percent of the weekly benefit amount from any future payments until the overpayment is repaid in full.
(b) Recoupment of overpayments from future benefits may occur at any time during the 3-year period after the date the individual received the payment of the emergency unemployment compensation to which he was not entitled.
(c) No waiver of such recoupment may occur except as permitted by Section 443.151(6)(c), Florida Statutes.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151(6), 443.221(3) FS. History– New________.
60BB-3.0253 Emergency Unemployment Compensation Individual Accounts.
(1) Establishment of Account. Persons deemed eligible under Rule 60BB-3.0252, F.A.C., will be paid from emergency unemployment compensation accounts set up for each individual with respect to that individual’s benefit year.
(2) Eligibility Established Prior to November 23, 2008. The emergency unemployment compensation accounts of individuals whose period of eligibility began between July 6, 2008 and November 22, 2008, will be augmented as provided in this subsection.
(a) The amount established in an account under this subsection will equal the lesser of:
1. 50 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year, or
2. 13 times the individual’s average weekly benefit amount for the benefit year.
(b) Benefits under this subsection may be paid only for weeks of unemployment beginning on or after July 6, 2008.
(c) If the individual exhausts these benefits before November 23, 2008, no further benefits may be paid to the individual except as provided in subsections (3) and (4) of this rule.
(3) Tier One.
(a) Tier one benefits may be paid only for weeks of unemployment beginning on or after November 23, 2008.
(b) The emergency unemployment compensation account of each individual whose period of eligibility began after November 22, 2008, will be augmented with an amount equal to the lesser of:
1. 80 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year, or
2. 20 times the individual’s average weekly benefit amount for the benefit year.
(c) The emergency unemployment compensation account of an individual whose period of eligibility began before November 23, 2008 will, if the individual remains otherwise eligible, receive an additional augmentation equal to the amount previously paid under paragraph (b) of this subsection minus the amount actually received under subsection (2).
(d) Tier one benefits may be paid only in cases in which an individual’s regular unemployment compensation benefits are exhausted by the week ending December 19, 2009.
(4) Tier Two.
(a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (3) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if:
1. The individual exhausts all first tier benefits by the week ending December 26, 2009;
2. The individual remains otherwise eligible; and
3. During or after the week these benefits are exhausted, but no later than the week ending December 26, 2009, one of the following circumstances occur:
a. An extended benefit period is in effect under the Federal-State Extended Unemployment Compensation Act of 1970;
b. The rate of insured unemployment for the current week and the immediately preceding 12 weeks equals or exceeds 4 percent; or
c. The average rate of total unemployment, seasonally adjusted, for the most recent 3 month period for which data for all States are published equals or exceeds 6 percent.
(b) The amount established in an account under this subsection will equal the lesser of:
1. 50 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year, or
2. 13 times the individual’s average weekly benefit amount for the benefit year.
(c) Tier two benefits may be paid only for weeks of unemployment beginning on or after November 23, 2008.
(5) Termination of Emergency Unemployment Compensation. An individual who has a balance remaining in his or her individual account as of December 31, 2009, will continue to receive emergency unemployment compensation from such balance for any week beginning after that date for which he or she meets the eligibility requirements of this rule, except that no compensation will be payable for any week beginning after May 31, 2010.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History–New________.
60BB-3.0254 How to Apply for Emergency Unemployment Compensation.
(1) Method of Application. Individuals whose regular unemployment compensation benefits are exhausted, whose benefit year expires between July 6, 2008 and December 31, 2009, or who are entitled to an augmentation of their emergency unemployment compensation accounts pursuant to Rule 60BB-3.0253, F.A.C., will receive notice regarding their eligibility or ineligibility for emergency unemployment compensation. Individuals who are deemed eligible will receive these benefits without filing an application as long as they comply with the continued claims reporting requirements set forth in Rule 60BB-3.015, F.A.C. All other individuals who wish to receive emergency unemployment compensation must submit an application for benefits to the Agency for Workforce Innovation. Applications must be filed by December 31, 2009. An application may be submitted:
(a) Online by using the Online Internet Unemployment Compensation Claim Application (11/07), or the Online Internet Unemployment Compensation Claim Application (Spanish version) (11/07), which are incorporated by reference in paragraphs 60BB-3.029(1)(yy) and (zz), F.A.C., and which are available at www.fluidnow.com.
(b) In writing on one of the following forms, which are hereby incorporated by reference into this rule and which are available at www.floridajobs.org/unemployment/uc_emp_claims.html:
(i) Form AWI-UC310EUC (Rev. 12/08);
(ii) Formulario AWI-UC310EUC(S) (Rev. 12/08), or
(iii) Fom AWI-UCB310EUC(C) (Rev. 12/08);
or
(c) By telephone at (800)204-2418.
(2) Submitting Written Applications. To submit a written application, the claimant must complete the Form AWI-UC310EUC, (Rev. 12/08), Formulario AWI-UC310EUC(S) (Rev. 12/08), or Fom AWI-UCB310EUC(C) (Rev. 12/08), as appropriate, and either:
(a) Mail the completed form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5350, Tallahassee, Florida 32314-5350; or
(b) Fax the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, (850)921-3938.
(3) Notice of Determination.
(a) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (2) or (3) of Rule 60BB-3.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC (12/08), which is hereby incorporated by reference into this rule.
(b) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (4) of Rule 60BB-3.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC-2 (03/09), which is hereby incorporated by reference into this rule.
(c) Notice of ineligibility for cases in which the claimant does not meet the eligibility requirements of Rule 60BB-3.0252, F.A.C., will be mailed to the claimant on a Form AWI-UCB11-I EUC (06/09), which is hereby incorporated by reference into this rule.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151, 443.221(3) FS. History– New________.