Utah Code 35A-4-401. Benefits — Weekly benefit amount — Computation of benefits — Department to prescribe rules — Notification of benefits

(1)

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Terms Used In Utah Code 35A-4-401

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
base period: means the first four of the last five completed calendar quarters next preceding the first day of the individual's benefit year with respect to any individual whose benefit year commences on or after January 5, 1986. See Utah Code 35A-4-201
Benefit year: means the 52 consecutive week period beginning with the first week with respect to which an individual files for benefits and is found to have an insured status. See Utah Code 35A-4-201
Benefits: means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment. See Utah Code 35A-4-201
Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
Division: means the Unemployment Insurance Division. See Utah Code 35A-4-201
employer: means :

(a)

an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;

(b)	an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or

(c)

for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Fund: means the Unemployment Compensation Fund established by this chapter. See Utah Code 35A-4-201

Insured average fiscal year weekly wage: means the insured average fiscal year wage determined in Subsection (11), divided by 52, calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201

Insured work: means employment for an employer, as defined in Section 35A-4-203. See Utah Code 35A-4-201

Public assistance: means :

(a)	services or benefits provided under Chapter 3, Employment Support Act;

(b)	medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;

(c)	foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;

(d)	SNAP benefits; and

(e)

any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102

wages: means wages as currently defined by Section 3306(b), Internal Revenue Code of 1986, with modifications, subtractions, and adjustments provided in Subsections (2), (3), and (4). See Utah Code 35A-4-208

Week: means the period or periods of seven consecutive calendar days as the department may prescribe by rule. See Utah Code 35A-4-201

(a)

Benefits are payable from the fund to an individual who is or becomes unemployed and eligible for benefits.

(b)	All benefits shall be paid through the employment offices or other agencies designated by the division in accordance with rules the department may prescribe in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(2)

(a)

(i)	Except as otherwise provided in Subsection (2)(a)(ii), an individual’s “weekly benefit amount” is an amount equal to 1/26th, disregarding any fraction of $1, of the individual’s total wages for insured work paid during that quarter of the base period in which the total wages were highest.

(ii)

With respect to an individual whose benefit year begins after the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, an individual’s weekly benefit amount is an amount equal to 1/26th minus $5, disregarding any fraction of $1, of the individual’s total wages for insured work paid during that quarter of the base period in which the total wages were highest.

(b)

(i)	The weekly benefit amount may not exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal year, disregarding any fraction of $1.

(ii)

With respect to an individual whose benefit year begins after the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, the weekly benefit amount may not exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal year minus $5, disregarding any fraction of $1.

(c)

(i)

Except as otherwise provided in Subsections (2)(c)(ii) and (iii), the “weekly benefit amount” of an individual who is receiving, or who is eligible to receive, based upon the individual’s previous employment, a pension, which includes a governmental, Social Security, or other pension, retirement or disability retirement pay, under a plan maintained or contributed to by a base-period employer is the “weekly benefit amount” which is computed under this section less 100% of the retirement benefits, that are attributable to a week, disregarding any fraction of $1.

(ii)

With respect to an individual whose benefit year begins after July 1, 2004, and ends on or before the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, the “weekly benefit amount” of that individual, who is receiving or who is eligible to receive Social Security benefits based upon the individual’s previous employment, is the “weekly benefit amount” which is computed under this section less 50% of the individual’s Social Security benefits that are attributable to the week, but not below zero.

(iii)

With respect to an individual whose benefit year begins after the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, this Subsection (2)(c) and Subsection (2)(d) do not apply to Social Security benefits an individual is receiving or is eligible to receive as they are not considered retirement benefits for purposes of those subsections.

(d)

(i)

(A)

The weekly benefit amount and the potential benefits payable to an individual who, subsequent to the commencement of the individual’s benefit year, becomes or is determined to be eligible to receive retirement benefits or increased retirement benefits, shall be recomputed effective with the first calendar week during the individual’s benefit year with respect to which the individual is eligible to receive retirement benefits or increased retirement benefits.

(B)	The new weekly benefit amount shall be determined under this Subsection (2).

(ii)

As recomputed the total benefits potentially payable, commencing with the effective date of the recomputation, shall be equal to the recomputed weekly benefit amount times the quotient obtained by dividing the potential benefits unpaid prior to the recomputation by the initial weekly benefit amount, disregarding fractions.

(3)

(a)

An eligible individual who is unemployed in any week shall be paid with respect to that week a benefit in an amount equal to the individual’s weekly benefit amount less that part of the individual’s wage payable to the individual with respect to that week that is in excess of 30% of the individual’s weekly benefit amount.

(b)	The resulting benefit payable shall disregard any fraction of $1.

(c)	For the purpose of this Subsection (3) “wages” does not include a grant paid to the individual as public assistance.

(4)

(a)	An otherwise eligible individual is entitled during a benefit year to a total amount of benefits determined by multiplying the individual’s weekly benefit amount times the individual’s potential duration.

(b)	To determine an individual’s potential duration, the individual’s total wages for insured work paid during the base period is multiplied by 27%, disregarding any fraction of $1, and divided by the individual’s weekly benefit amount, disregarding any fraction, but not less than 10 nor more than 26.

(5)

(a)

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may by rule prescribe:

(i)

that the existence of unemployment, eligibility for benefits, and the amount of benefits payable shall be determined in the case of an otherwise eligible individual who, within a week or other period of unemployment, is separated from or secures work on a regular attachment basis for that portion of the week or other period of unemployment occurring before or after separation from or securing of work; and

(ii)	in the case of an individual working on a regular attachment basis, eligibility for benefits and the amount of benefits payable for periods of unemployment longer than a week.

(b)	The rules made shall be reasonably calculated to secure general results substantially similar to those provided by this chapter with respect to weeks of unemployment.

(6)	The division shall, in all cases involving actual or potential disqualifying issues and prior to the payment of benefits to an eligible individual, notify the individual’s most recent employer of the eligibility determination.

(7)

Upon written request of an individual made under rules of the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all remuneration for insured work paid to the individual during the individual’s period in the form of a bonus or lump-sum payment shall, for benefit purposes, be apportioned to the calendar quarters in which the remuneration was earned.

Amended by Chapter 255, 2013 General Session

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Utah Code 35A-4-401. Benefits — Weekly benefit amount — Computation of benefits — Department to prescribe rules — Notification of benefits — Bonuses

Terms Used In Utah Code 35A-4-401