Ohio Code 4141.43 – Cooperation with federal, state, and other agencies
(A) The director of job and family services may cooperate with the industrial commission, the bureau of workers’ compensation, the United States internal revenue service, the United States employment service, and other similar departments and agencies, as determined by the director, in the exchange or disclosure of information as to wages, employment, payrolls, unemployment, and other information. The director may employ, jointly with one or more of such agencies or departments, auditors, examiners, inspectors, and other employees necessary for the administration of this chapter and employment and training services for workers in the state.
Terms Used In Ohio Code 4141.43
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Base period: means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year, except as provided in division (Q)(2) of this section. See Ohio Code 4141.01
- Benefit rights: means the weekly benefit amount and the maximum benefit amount that may become payable to an individual within the individual's benefit year as determined by the director. See Ohio Code 4141.01
- Benefits: means money payments payable to an individual who has established benefit rights, as provided in this chapter, for loss of remuneration due to the individual's unemployment. See Ohio Code 4141.01
- Contributions: means the money payments to the state unemployment compensation fund required of employers by section 4141. See Ohio Code 4141.01
- Crew leader: means an individual who furnishes individuals to perform agricultural labor for any other employer or farm operator, and:
(a) Pays, either on the individual's own behalf or on behalf of the other employer or farm operator, the individuals so furnished by the individual for the service in agricultural labor performed by them;
(b) Has not entered into a written agreement with the other employer or farm operator under which the agricultural worker is designated as in the employ of the other employer or farm operator. See Ohio Code 4141.01
- Employer: means the state, its instrumentalities, its political subdivisions and their instrumentalities, Indian tribes, and any individual or type of organization including any partnership, limited liability company, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the successor thereof, or the legal representative of a deceased person who subsequent to December 31, 1971, or in the case of political subdivisions or their instrumentalities, subsequent to December 31, 1973:
(a) Had in employment at least one individual, or in the case of a nonprofit organization, subsequent to December 31, 1973, had not less than four individuals in employment for some portion of a day in each of twenty different calendar weeks, in either the current or the preceding calendar year whether or not the same individual was in employment in each such day; or
(b) Except for a nonprofit organization, had paid for service in employment wages of fifteen hundred dollars or more in any calendar quarter in either the current or preceding calendar year; or
(c) Had paid, subsequent to December 31, 1977, for employment in domestic service in a local college club, or local chapter of a college fraternity or sorority, cash remuneration of one thousand dollars or more in any calendar quarter in the current calendar year or the preceding calendar year, or had paid subsequent to December 31, 1977, for employment in domestic service in a private home cash remuneration of one thousand dollars in any calendar quarter in the current calendar year or the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of this section, there shall not be taken into account any wages paid to, or employment of, an individual performing domestic service as described in this division. See Ohio Code 4141.01
- Employment: includes :
(a) Service performed after December 31, 1977, by an individual in the employ of the state or any of its instrumentalities, or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions and without regard to divisions (A)(1)(a) and (b) of this section, provided that such service is excluded from employment as defined in the "Federal Unemployment Tax Act" 53 Stat. See Ohio Code 4141.01
- Nonprofit organization: means an organization, or group of organizations, described in section 501(c)(3) of the "Internal Revenue Code of 1954" and exempt from income tax under section 501(a) of that code. See Ohio Code 4141.01
- state: means the state of Ohio. See Ohio Code 1.59
- states: includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. See Ohio Code 4141.01
- United States: includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. See Ohio Code 4141.01
- Wages: means remuneration paid to an employee by each of the employee's employers with respect to employment; except that wages shall not include that part of remuneration paid during any calendar year to an individual by an employer or such employer's predecessor in interest in the same business or enterprise, which in any calendar year is in excess of nine thousand dollars on and after January 1, 1995; nine thousand five hundred dollars on and after January 1, 2018; and nine thousand dollars on and after January 1, 2020. See Ohio Code 4141.01
(B) The director may make the state’s record relating to the administration of this chapter available to the railroad retirement board and may furnish the board at the board’s expense such copies thereof as the board deems necessary for its purposes.
(C) The director may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment compensation law.
(D) The director may enter into arrangements with the appropriate agencies of other states or of the United States or Canada whereby individuals performing services in this and other states for a single employer under circumstances not specifically provided for in division (B) of section 4141.01 of the Revised Code or in similar provisions in the unemployment compensation laws of such other states shall be deemed to be engaged in employment performed entirely within this state or within one of such other states or within Canada, and whereby potential rights to benefits accumulated under the unemployment compensation laws of several states or under such a law of the United States, or both, or of Canada may constitute the basis for the payment of benefits through a single appropriate agency under terms that the director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the unemployment compensation fund.
(E) The director may enter into agreements with the appropriate agencies of other states or of the United States or Canada:
(1) Whereby services or wages upon the basis of which an individual may become entitled to benefits under the unemployment compensation law of another state or of the United States or Canada shall be deemed to be employment or wages for employment by employers for the purposes of qualifying claimants for benefits under this chapter, and the director may estimate the number of weeks of employment represented by the wages reported to the director for such claimants by such other agency, provided such other state agency or agency of the United States or Canada has agreed to reimburse the unemployment compensation fund for such portion of benefits paid under this chapter upon the basis of such services or wages as the director finds will be fair and reasonable as to all affected interests;
(2) Whereby the director will reimburse other state or federal or Canadian agencies charged with the administration of unemployment compensation laws with such reasonable portion of benefits, paid under the law of such other states or of the United States or of Canada upon the basis of employment or wages for employment by employers, as the director finds will be fair and reasonable as to all affected interests. Reimbursements so payable shall be deemed to be benefits for the purpose of section 4141.09 and division (A) of section 4141.30 of the Revised Code. However, no reimbursement so payable shall be charged against any employer’s account for the purposes of section 4141.24 of the Revised Code if the employer’s account, under the same or similar circumstances, with respect to benefits charged under the provisions of this chapter, other than this section, would not be charged or, if the claimant at the time the claimant files the combined wage claim cannot establish benefit rights under this chapter. This noncharging shall not be applicable to a nonprofit organization that has elected to make payments in lieu of contributions under section 4141.241 of the Revised Code, except as provided in division (D)(2) of section 4141.24 of the Revised Code. The director may make to other state or federal or Canadian agencies and receive from such other state or federal or Canadian agencies reimbursements from or to the unemployment compensation fund, in accordance with arrangements pursuant to this section.
(3) Notwithstanding division (B)(2)(f) of section 4141.01 of the Revised Code, the director may enter into agreements with other states whereby services performed for a crew leader, as defined in division (BB) of section 4141.01 of the Revised Code, may be covered in the state in which the crew leader either:
(a) Has the crew leader’s place of business or from which the crew leader’s business is operated or controlled;
(b) Resides if the crew leader has no place of business in any state.
(F) The director may apply for an advance to the unemployment compensation fund and do all things necessary or required to obtain such advance and arrange for the repayment of such advance in accordance with Title XII of the “Social Security Act” as amended.
(G) The director may enter into reciprocal agreements or arrangements with the appropriate agencies of other states in regard to services on vessels engaged in interstate or foreign commerce whereby such services for a single employer, wherever performed, shall be deemed performed within this state or within such other states.
(H) The director shall participate in any arrangements for the payment of compensation on the basis of combining an individual’s wages and employment, covered under this chapter, with the individual’s wages and employment covered under the unemployment compensation laws of other states which are approved by the United States secretary of labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for:
(1) Applying the base period of a single state law to a claim involving the combining of an individual’s wages and employment covered under two or more state unemployment compensation laws, and
(2) Avoiding the duplicate use of wages and employment by reason of such combining.
(I) The director shall cooperate with the United States department of labor to the fullest extent consistent with this chapter, and shall take such action, through the adoption of appropriate rules, regulations, and administrative methods and standards, as may be necessary to secure to this state and its citizens all advantages available under the provisions of the “Social Security Act” that relate to unemployment compensation, the “Federal Unemployment Tax Act,” (1970) 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, the “Wagner-Peyser Act,” (1933) 48 Stat. 113, 29 U.S.C.A. 49, the “Federal-State Extended Unemployment Compensation Act of 1970,” 84 Stat. 596, 26 U.S.C.A. 3306, and the “Workforce Innovation and Opportunity Act,” 29 U.S.C.A. 3101 et seq.
(J) The director may disclose wage information furnished to or maintained by the director under Chapter 4141 of the Revised Code to a consumer reporting agency as defined by the “Fair Credit Reporting Act,” 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended, for the purpose of verifying an individual’s income under a written agreement that requires all of the following:
(1) A written statement of informed consent from the individual whose information is to be disclosed;
(2) A written statement confirming that the consumer reporting agency and any other entity to which the information is disclosed or released will safeguard the information from illegal or unauthorized disclosure;
(3) A written statement confirming that the consumer reporting agency will pay to the bureau all costs associated with the disclosure.
The director shall prescribe a manner and format in which this information may be provided.
(K) The director shall adopt rules defining the requirements of the release of individual income verification information specified in division (J) of this section, which shall include all terms and conditions necessary to meet the requirements of federal law as interpreted by the United States department of labor or considered necessary by the director for the proper administration of this division.
(L) The director shall disclose information furnished to or maintained by the director under this chapter upon request and on a reimbursable basis as required by section 303 of the “Social Security Act,” 42 U.S.C.A. 503, and section 3304 of the “Internal Revenue Code,” 26 U.S.C.A. 3304.
Last updated February 1, 2023 at 1:38 PM