Iowa Admin. Code r. 871-24.1

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 871-24.1 - Definitions

Unless the context otherwise requires, the terms used in these rules shall have the following meaning. All terms which are defined in Iowa Code chapter 96 shall be construed as they are defined in Iowa Code chapter 96.

(1)Additional claim. An application for determination of eligibility filed on an established claim which follows a period of employment.

(2)Administrative office (state). Same as central office.

(3)Agent state. The state in which a worker claims benefits against another (liable) state through the facilities of the state employment security agency. See also liable state.

(4) Reserved.

(5)Annual benefit amount. See maximum annual benefits under benefits.

(6)Appeals. See rule 871-26.1(96).

a.Administrative appeal. A request for a review by an appeals authority of a state employment security agency's determination on a claim for benefits, on a status report, or on an employer's contribution rate, or a request for a review by a higher appeals authority of a decision made by a lower appeals authority.

b.Employment appeal board of the department of inspections and appeals. The employment appeal board of the department of inspections and appeals is established to hear and decide disputed claims. The employment appeal board of the department of inspections and appeals will consist of three members appointed by the governor with the approval of two-thirds of the members of the senate. One member will represent the general public, one member will represent employers, and one member will represent employees.

This subrule is intended to implement Iowa Code section 96.6(4).

(7)Applicant. Any individual applying for work at a workforce development center.

(8) and (9) Reserved.

(10)Average weekly wages. See wages.

(11)Base period. The period of time in which the amount of wages paid to an individual in insured work which determines an individual's eligibility for, and the amount and duration of, benefits. The base period consists of the first four of the last five completed calendar quarters immediately preceding the calendar quarter in which the individual's claim for benefits is effective with the following exception. The department shall exclude three or more calendar quarters from the individual's base period in which the individual received workers' compensation or indemnity insurance benefits and substitute consecutive calendar quarters immediately preceding the base period in which the individual did not receive workers' compensation or indemnity insurance benefits. This exception applies under the following conditions:

a. The individual did not work in and receive wages from insured work for three calendar quarters of the base period, or

b. The individual did not work in and receive wages from insured work for two calendar quarters and lacked qualifying wages from insured work to establish a valid claim for benefits during another quarter of the base period.

(12)Base period employer and chargeable employer.

a. Base period employer. An employer who paid wages for employment to a claimant during the claimant's base period or an employer who is responsible for an individual's wages pursuant to Iowa Code section 96.3, subsection 5, pertaining to workers' compensation benefits.

b.Chargeable employer. An employer who had base period wages accruing to the employer's account due to an employer liability determination.

(13)Benefit amount.

a.Maximum weekly benefit amount. The highest weekly benefit amount provided in a state employment security law.

b.Minimum weekly benefit amount. The lowest weekly benefit amount for a week of total unemployment provided in a state employment security law.

c.Weekly benefit amount. The full amount of benefits a claimant is entitled to receive for a week of total unemployment.

(14)Benefit decision. The decision reached by a lower or higher appeals authority with respect to an appealed claim. See also benefit determination, under determination.

(15)Benefit determination. See determination.

(16)Benefit eligibility conditions. Statutory requirements which must be satisfied by an individual with respect to each week of unemployment before benefits can be received.

(17)Benefit formula. The combination of mathematical factors specified in the state employment security law as the basis for computing an individual's weekly benefit amount and maximum benefit amount.

a.Annual wage formula. A benefit formula which uses the claimant's total wages in insured work for a one-year period for computing the claimant's maximum benefit amount.

b.High quarter formula. A benefit formula which uses, for determining a claimant's weekly benefit amount, the quarter of the base period in which the claimant's wages in insured work were highest.

(18)Benefits. Money payments to an individual with respect to unemployment.

a.Regular benefits. Benefits payable to an individual under this or any other state law (including benefits payable to federal civilian employees and ex-service members pursuant to 5 U.S.C., chapter 85) other than extended benefits.

b.Extended benefits. Benefits payable to an individual (including benefits payable to federal civilian employees pursuant to 5 U.S.C., chapter 85) for weeks of unemployment which begin in an extended benefit period, which is a period when extended benefits are paid in this state.

(19)Benefit wages. See wages.

(20)Benefit year. That period to which the limitation of maximum duration of benefits is applicable, a year or approximately a year.

(21)Benefit year, individual. The benefit year is a period of 365 days (366 in a leap year) beginning with and including the starting date of the benefit year. The starting date of the benefit year is always on Sunday and is the Sunday of the current week in which the claimant first files a valid claim.

(22)Calendar week. See week.

(23)Central office. The state administrative office of the division of unemployment insurance services of the department of workforce development.

(24) Reserved.

(25)Claim. A request for benefit payment; also used to mean any notice filed by an individual to establish insured status or a notice filed by an individual to inform the administrative agency of the individual's unemployment.

a. A claim may be filed under any one or more of the following programs:

(1) The state program of unemployment insurance (UI),

(2) The federal program of unemployment compensation for federal employees (UCFE) established by Title V of the United States Code, and

(3) The federal program of unemployment compensation for ex-military personnel (UCX) established by Title V of the United States Code.

b. Unless otherwise specified, the term claim as used in the following definitions is applicable equally to each of the three programs.

(1)Additional UI, UCFE, or UCX claim. A notice filed at the beginning of a second or subsequent series of claims within a benefit year, when a break in job attachment has occurred since the last claim was filed, concerning which state procedures require that separation information be obtained.

(2)Additional claim. An application for determination of eligibility filed on an established claim which follows a period of employment.

(3)Additional interstate claim. A claim filed by an interstate claimant within the benefit year of a liable state in which insured status has already been established, after a break in the continuity of filing continued interstate claims, or to establish a new series of claims against that liable state from a new agent state.

(4)Appealed claim. See appeal, administrative.

(5)Combined wage claim. A claim filed under the interstate wage combining plans. See interstate agreement.

(6)Compensable claim. A request for benefit payment which certifies the completion of a week of total or partial unemployment to satisfy a claim benefit for a compensable week.

(7)Contested claim. A claim which has been protested by an employer, the department or an interested party regarding the claimant's right to benefits.

(8)Continued claim. A continued claim is a request for benefit payment. A continued claim is a compensable claim. It is an electronic, oral or written application which certifies to the completion of a week of total unemployment or partial employment to claim benefits for a compensable week.

(9)Initial claim. An application for a determination of eligibility for benefits which determination sets forth the weekly benefit amount and duration of benefits for a benefit year.

(10)Initial interstate claim. A new or an additional interstate claim.

(11)Interstate claim. A claim filed in one state (agent state) against another state (liable state).

(12)Intrastate claim. A claim filed in the state of residence against wages earned in that state or by an interstate commuter.

(13)Mail claim. Rescinded IAB 8/16/17, effective 9/20/17.

(14)New claim. An application for the establishment of a benefit year.

(15)New interstate claim. The first interstate claim filed by a claimant against a liable state which serves as a request for determination of insured status.

(16)New intrastate extended benefits claim. The first intrastate claim filed for extended benefits in a new extended benefits period by a claimant in state having extended benefits provisions in its law. Each time such provisions become effective it is considered a new extended benefit period. Such first claims will include those which become effective, without any break in the benefit series, for the week following the week in which regular benefits are exhausted or are terminated by the end of the benefit year.

(17)New UI, UCFE, or UCX claim. A request for determination of insured status for purposes of establishing a new benefit year.

(18)Reopened claim. The first continued claim in a second or subsequent series of claims in a benefit year when no additional claim is reportable. An application for determination of eligibility for benefits and which certifies to the beginning date of a period of unemployment which falls within a benefit year previously established for which a continued claim or claims may be filed and which follows a break in a claim series previously established, due to illness, disqualification, unavailability, or failure to report for any reason other than reemployment.

(19)Second benefit year claim. A new claim with an effective date for a second benefit year which is filed within 180 calendar days following the last week of the individual's previous benefit year. The individual is notified of the expiration of the previous benefit year.

(20)Transitional claim. Rescinded IAB 1/3/18, effective 2/7/18.

(21)Valid UI, UCFE or UCX claim. A new claim on which a determination has been made that the individual has met the wage or employment requirements (and, under some laws, other eligibility conditions) to establish a benefit year.

(22)Voice response continued claim. Rescinded IAB 8/6/03, effective 9/10/03.

(26) Claimant.

a. An individual who has filed a request for determination of insured status or a new claim, or

b. An individual who has filed an initial claim unless the claim is found to be invalid or the benefit year has expired.

(27) Reserved.

(28)Claim series. A series of claims filed for continuous weeks of unemployment or for a period of unemployment during which the lapse in compensability or in reporting is deemed by the state insufficient to interrupt the series.

(29)Compensable claim. See claim.

(30)Compensable week. See week.

(31)Compensation. Same as benefits.

(32)Contested claim. See claim.

(33)Continued claim. See claim.

(34)Covered employment. Same as insured work.

(35)Covered worker. An individual who has earned wages in insured work.

(36)Day. The period of time between any midnight and the midnight following.

(37)Department. The chief executive officer of the department of workforce development is the director who shall be appointed by the governor with the approval of two-thirds of the members of the senate. It shall be the duty of the director to administer Iowa Code chapter 96.

(38)Determination.

a. Benefit determination. A decision with respect to a request for determination of insured status, a notice of unemployment, or a claim for benefits.

b.Coverage determination. A determination as to whether an employing unit is a subject employer and whether service performed for it constitutes employment as defined under a state employment security law. See status determination.

c. Determination of insured status. A determination as to whether an individual meets the employment requirements necessary for the receipt of benefits; and, if so, such individual's weekly benefit amount and maximum benefit amount.

d.Initial determination. The first determination with respect to a claim or a request for determination of insured status.

e.Monetary determination. Same as determination of insured status.

f.Nonmonetary determination. A determination as to whether a claimant is barred from receiving benefits for reasons other than those affecting the claimant's insured status.

g. Reconsidered determination. Same as redetermination.

h.Redetermination. A determination made with respect to a claimant after reconsideration by the initial determining authority.

i.Status determination. A determination as to whether an employing unit whose status is not known is a subject employer.

(39)Disqualification provisions. Those provisions of a state employment security law that set forth the conditions that bar an individual from receiving benefits for a specified period or cancel or reduce the individual's benefits or credits.

(40)Duration of benefits. The number of weeks for which benefits are paid or payable for total unemployment in a benefit year. Because there may be deductible wages and other compensation, duration is often described in terms of the total amount of benefits arrived at by multiplying the weekly benefit amount by the number of weeks of total unemployment.

a.Actual duration. The number of full weeks of benefits received by an individual, or the equivalent thereof expressed in terms of dollars.

b.Maximum duration. The highest number of weeks of total unemployment for which benefits are payable to any individual in a benefit year under a state employment security law.

(41)Earnings limit. An amount equal to the weekly benefit amount plus $15.

(42)Eligibility requirements. Same as benefit eligibility conditions.

(43)Employment interview. A conversation between an applicant and an interviewer directed toward obtaining and recording information pertinent to classification and selection, and giving information pertinent to job seeking.

(44)Employment office. An office maintained by the department of workforce development in accordance with Iowa Code sections 96.12 and 96.25.

(45)Employment security administration fund. See funds.

(46)Employment security law. A body of law which establishes a free public employment service, or a system of unemployment insurance, or both and which may also establish other systems compensating for wage loss, such as temporary disability insurance in Iowa Code chapter 96.

(47)Employment security program. The federal-state program comprising public employment services and unemployment insurance.

(48)Fact-finding interview. A face-to-face or telephonic discussion between interested parties and a department representative for the purpose of obtaining from the claimant a statement containing information on a specific eligibility or disqualification issue. This differs from an eligibility review interview in that a specific issue must exist as a result of a statement made by either the claimant, the liable state, an employer, or the staff of the department.

(49)First UI, UCFE, or UCX payment. A payment issued to a claimant for the first compensable week of unemployment in a benefit year.

(50)Full-time week. See week.

(51)Funds.

a.Administrative funds. Funds made available from federal, state, local and other sources to meet the cost of state employment security administration.

b.Contingency fund. An amount of money appropriated by Congress to meet certain unpredictable increases in costs of administration by the state employment security agencies arising from increases in workload or other specified causes.

c.Special employment security contingency fund. A contingency fund established pursuant to Iowa Code section 96.13(3) into which all interest, fines, and penalties are paid.

d.Employment security administration fund. A special fund in the state treasury, established by state law, in which are deposited moneys granted by the manpower administration and monies from other sources, for the purpose of paying the cost of administering the state employment security program.

e.Title V funds. Funds appropriated by Congress to pay unemployment insurance benefits under Title V of the United States Code to federal, civilian and military employees.

f.Unemployment fund. A special fund established under a state employment security law for the receipt and management of contributions and the payment of unemployment account, clearing account, and unemployment trust fund account.

g.Unemployment trust fund. A fund established in the treasury of the United States which contains all moneys deposited with the treasury by state employment security agencies to the credit of their unemployment fund accounts and by the railroad retirement board to the credit of the railroad unemployment insurance account.

(52)Handbook. The handbook for interstate claims-taking provided by the Employment and Training Administration of the United States Department of Labor.

(53)High quarter formula. See benefit formula.

(54) to (56) Reserved.

(57)Individual base period. See base period.

(58)Individual benefit year. See benefit year.

(59)Initial claim. See claim.

(60)Initial determination. See determination.

(61)Insured unemployment. Unemployment during a given week for which benefits are claimed under the state employment security program, the unemployment compensation for federal employees program, the unemployment compensation for veterans program, or the railroad unemployment insurance program.

(62)Insured work. Employment, as defined in a state employment security law, performed for a subject employer, or federal employment as defined in the Social Security Act.

(63)Insured worker. An individual who has had sufficient insured work in such individual's base period to meet the employment requirements for receipt of benefits under a state employment security law.

(64)Interstate agreement.

a.Interstate benefit payment plan. The plan under which each state acts as an agent for every other state in taking claims for individuals who are not in the state in which they earned their base period wages.

b.Interstate reciprocal coverage agreement. An administrative interstate agreement, permitted under most state employment security laws, which provides for the election of coverage of services under specified conditions which may or may not constitute an exception to the mandatory coverage provisions of the state law.

c.Wage-combining agreements. An interstate agreement which allows workers who lack qualifying wages in any one state, or who qualify for less than maximum benefits in one or more states, to qualify or to increase benefits by combining wages from all states.

(65)Interstate claim. See claim.

(66)Interstate claimant. An individual who files a claim for benefits in an agent state on the basis of employment covered by the employment security law of a liable state.

(67)Benefit rights information. Information provided to a claimant for the purpose of explaining the claimant's rights and responsibilities under the law. Such information may be given on a group basis or on an individual basis or the information may be provided electronically.

(68)Office. Rescinded IAB 8/16/17, effective 9/20/17.

(69)lag quarter. The completed quarter between a claimant's base period and the quarter which includes the beginning date of such claimant's benefit year.

(70)layoffs. See separations.

(71)liable state. Any state against which a worker claims benefits through the facilities of a workforce development center or the job service division of another (agent) state. See also agent state.

(72)Mail claim. Rescinded IAB 8/16/17, effective 9/20/17.

(73)Mass separation. The separation from a given employing unit of a large number of workers at approximately the same time and for a reason common to all such workers.

(74)Mass separation notice. A report of a mass separation sent to the local workforce development center by an employer, stating the number of workers separated and listing their names and other required data. Such a notice serves as a substitute for individual separation notices.

(75)Maximum benefit amount. The maximum total amount of benefits an individual may receive during the individual's benefit year.

(76)Maximum benefits. The maximum total amount of benefits payable to a claimant during the claimant's benefit year.

(77)Maximum weekly benefit amount. See benefit amount.

(78)Microfiche. Rescinded IAB 8/6/03, effective 9/10/03.

(79)Military separations. See separations.

(80)Minimum weekly benefit amount. See benefit amount.

(81)Month. The time beginning with any day of one month to the corresponding day of the next month, or if there is no corresponding day, then through the last day of the next month.

(82)Multistate worker. An individual who performs service for one employer in more than one state.

(83)New claim. See claim.

(84)Noncovered employment. Excluded employment, or employment for an employer below the size-of-firm coverage requirements of the state employment security law.

(85)Notice of separation. A report submitted by an employer at the time when a worker is separated from employment, on which the employer indicates the dates of the last day worked, the separation date and the reason the worker was separated.

(86)Odd job earnings. Any earnings which a claimant may have during a week of unemployment as a result of temporary work with an employing unit other than the claimant's regular employing unit.

(87)Opening. A single job for which a workforce development center has on file a request to select and refer an applicant or applicants.

(88)Outstanding job order request. An active request for referral of one or more applicants to fill one or more job openings in a single occupational classification; also, the record of such request.

(89)Clearance order. Rescinded IAB 8/6/03, effective 9/10/03.

(90)Partial benefits. Benefits payable to an individual for a week of partial unemployment.

(91)Partial earnings allowance. The amount of earnings that are disregarded in calculating a claimant's benefit for a week.

(92)Partial unemployment. See week of unemployment.

(93)Part-time worker. A person engaged in, or available only for, part-time work.

(94)Placement. An acceptance by an employer of a person for a job as a direct result of workforce development center activities, provided the employment office has completed all of the following four steps: receipt of an order, prior to referral; selection of the person to be referred without designation by the employer of any particular individual or group of individuals; referral; and verification from a reliable source, preferably the employer, that a person referred has been hired by the employer and has entered on the job.

(95) Reserved.

(96)Qualifying employment. The amount of insured work which an individual must have had within a specified period in order to be an insured worker. See also benefit eligibility conditions.

(97)Qualifying wages. See wages.

(98)Quits. See separations.

(99)Railroad unemployment insurance account. An account, established pursuant to the Railroad Unemployment Insurance Act, maintained in the federal unemployment trust fund for the payment of benefits provided in that Act.

(100)Readout. Printed data from the claimant database or other types of records stored in the computer.

(101)Reciprocal coverage agreement. See interstate agreements.

(102)Reconsidered determination. Same as redetermination-see determination.

(103)Referee appeals. See appeal, administrative. (Administrative law judge)

(104)Referral. The act of arranging to bring to the attention of an employer (or another workforce development center) the qualifications of an applicant who is available for a job opening on file for which the applicant has been selected by a workforce development center.

(105)Registration. The process of applying for work through an office of the department of workforce development.

(106)Report to determine liability. Same as status report.

(107)Reporting requirements. The rules of procedures of the department of workforce development concerning the frequency and time of required reporting by claimants.

(108)Renewal. The transfer from the inactive to the active file of the application of an applicant who is again considered to be available for referral to job openings.

(109)Request for determination of insured status. A request by an individual for a determination of insured status.

(110)Selection. The process of choosing a qualified applicant for referral to a job by carefully analyzing and comparing employer requirements with applicant interests and abilities.

(111)Self-employment.

(112)Self-filing (of claim). The partial or complete filling out of a claim form or request for determination of insured status by the claimant.

(113)Separations. All terminations of employment, generally classifiable as layoffs, quits, discharges, or other separations.

a. Layoffs. A layoff is a suspension from pay status initiated by the employer without prejudice to the worker for such reasons as: lack of orders, model changeover, termination of seasonal or temporary employment, inventory-taking, introduction of laborsaving devices, plant breakdown, shortage of materials; including temporarily furloughed employees and employees placed on unpaid vacations.

b.Quits. A quit is a termination of employment initiated by the employee for any reason except mandatory retirement or transfer to another establishment of the same firm, or for service in the armed forces.

c.Discharge. A discharge is a termination of employment initiated by the employer for such reasons as incompetence, violation of rules, dishonesty, laziness, absenteeism, insubordination, failure to pass probationary period.

d.Other separations. Terminations of employment for military duty lasting or expected to last more than 30 calendar days, retirement, permanent disability, and failure to meet the physical standards required.

(114)Short-time placement. A placement in a job which the employer expects to involve work in each of three days or less, whether or not consecutive.

(115)Social security number. The identification number assigned to an individual by the Social Security Administration under the Social Security Act.

(116)Status determination. See determination.

(117)Supplemental benefit payment. A payment issued for the sole purpose of adjusting an underpayment for one or more previous weeks.

(118)Taxable wages. See wages.

(119)Total unemployment. See week of unemployment.

(120) Reserved.

(121)Transient. Rescinded IAB 1/3/18, effective 2/7/18.

(122)Unemployment fund. See funds.

(123)Unemployment trust fund. See funds.

(124)Unemployment trust fund account. See accounts.

(125)Valid claim. See claim.

(126)Verification. The determination from a reliable source, preferably the employer, whether an applicant referred by a workforce development center has been hired by the employer and has entered on the job. In the case of applicants referred to seasonal agricultural openings, verification is considered complete when it is confirmed that a referred worker has been hired, even though confirmation of the worker's entry on the job may be lacking.

(127)Visiting claimant. Rescinded IAB 1/3/18, effective 2/7/18.

(128)Wage combining agreement. See interstate agreement.

(129)Wage credits. Wages earned in insured work.

(130)Wages. Average weekly wages.

a. For an individual worker, the result obtained by dividing the individual's total wages in a specified period either by the total number of weeks in the period or by the number of weeks for which wages were payable to the individual during the period.

b. For a group of workers, the result obtained by dividing the total wages for one or more quarters by the number of weeks in the period, and then dividing by the average monthly employment during the period.

(131)Qualifying wages. The amount of wages a worker must have earned in insured work within a specified period in order to be an insured worker. See also benefit eligibility conditions.

(132)Taxable wages. Wages subject to contribution under a state employment security law, or wages subject to tax under the federal Unemployment Tax Act.

(133) Reserved.

(134)Weekly indemnity insurance benefits. Payment for nonoccupational illness or injury pursuant to a benefit plan implemented by an employer.

(135)Week. A seven-day period beginning at 12:01 a.m. on Sunday and terminating at midnight on the following Saturday.

a.Calendar week. A period of seven consecutive days usually ending at Saturday midnight, used by some state employment security agencies as a unit in the measurement of employment or unemployment.

b.Compensable week A week for which benefits have been claimed.

c.Full-time week. The number of hours or days per week currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit.

(136)Weekly benefit amount. See benefit amount, or,

(137)Weekly benefit amount. The compensation payable to an individual, with respect to employment, under the employment security law of any state.

(138)Week of unemployment. A week in which an individual performs less than full-time work for any employing unit if the wages payable with respect to such week are less than a specified amount (usually the weekly benefit amount), or,

(139)Week of unemployment. A week during which an individual performs no work and earns no wages, except as indicated and has earnings which do not exceed the earnings limit.

a.Week of partial unemployment. A week in which an individual worked less than the regular full-time hours for such individual's regular employer, because of lack of work, and earned less than the weekly benefit amount (plus the partial earnings allowance, if any, in the state's definition of unemployment) but more than the partial earnings allowance, so that, if eligible for benefits, the claimant received less than such claimant's full weekly benefit amount plus $15.

b.Week of part total unemployment. A week of otherwise total unemployment during which an individual has odd jobs or subsidiary work with earnings in excess of the amount specified in the state law as allowable without resulting in a reduction in the individual's benefit payment.

c.Week of total unemployment. A week in which an individual performs no work and earns no wages.

(140)Workload. The measure of the volume of work for each functional area of the state agency; i.e., the number of contribution (payroll) reports processed, the number of claims taken, the number of applications for employment.

This rule is intended to implement Iowa Code sections 96.3(5), 96.3(7), 96.4(3), 96.5(5)"c, " 96.6, 96.7(2)"a"(2), 96.11, 96.19(16), and 96.23.

Iowa Admin. Code r. 871-24.1

Amended by IAB June 7, 2017/Volume XXXIX, Number 25, effective 7/12/2017

Amended by IAB August 2, 2017/Volume XL, Number 3, effective 9/6/2017

Amended by IAB August 16, 2017/Volume XL, Number 4, effective 9/20/2017

Amended by IAB January 3, 2018/Volume XL, Number 14, effective 2/7/2018

Amended by IAB May 23, 2018/Volume XL, Number 24, effective 6/27/2018