(1) Except as provided in sub. (6) and ss. 108.141 and 108.142, no claimant may receive total benefits based on employment in a base period greater than 26 times the claimant’s weekly benefit rate under s. 108.05 (1) or 40 percent of the claimant’s base period wages, whichever is lower. Except as provided in sub. (6) and ss. 108.141 and 108.142, if a claimant’s base period wages are reduced or canceled under s. 108.04 (5) or (18), or suspended under s. 108.04 (1) (f), (10) (a), or (17), the claimant may not receive total benefits based on employment in a base period greater than 26 times the claimant’s weekly benefit rate under s. 108.05 (1) or 40 percent of the base period wages not reduced, canceled or suspended which were paid or payable to the claimant, whichever is lower.
Terms Used In Wisconsin Statutes 108.06
- Base period: means the period that is used to compute an employee's benefit rights under s. See Wisconsin Statutes 62.133
- Base period wages: means all of the following:
(a) All earnings for wage-earning service that are paid to an employee during his or her base period as a result of employment for an employer except any payment made to or on behalf of an employee or his or her beneficiary under a cafeteria plan within the meaning of Wisconsin Statutes 62.133
Benefit year: means the 52-week period beginning with a valid new claim week for which an employee's benefit rights are computed underWisconsin Statutes 62.133 Benefits: means the money allowance payable to an employee as compensation for the employee's wage losses due to unemployment as provided in this chapter. See Wisconsin Statutes 62.133 Department: means the department of workforce development. See Wisconsin Statutes 62.133 Employee: means any individual who is or has been performing services for pay for an employing unit, whether or not the individual is paid directly by the employing unit, except as provided in par. See Wisconsin Statutes 62.133 Employment: includes an individual's service, wherever performed within the United States or Canada, if:
1. See Wisconsin Statutes 62.133
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 403.504 Preceding: when used by way of reference to any statute section, means the section next preceding that in which the reference is made. See Wisconsin Statutes 403.504 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 403.504 Valid new claim week: means the first week of an employee's benefit year. See Wisconsin Statutes 62.133 Wages: includes :
1. See Wisconsin Statutes 62.133
Week: means calendar week, starting Sunday and ending Saturday; but, where an employee starts a working shift on a given Saturday, all of the employee's hours and pay for that shift shall be counted in the calendar week which includes that Saturday. See Wisconsin Statutes 62.133 Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 403.504
(a) A claimant may establish a benefit year in the manner prescribed by the department by rule, whenever the claimant qualifies to start a benefit year under s. 108.04 (4) (a) and:
1. The employee is eligible to receive benefits;
2. The employee has experienced a reduction in hours of employment of at least 25 percent in one week as compared to his or her average number of hours of employment for the preceding 13 weeks; or
3. The employee reasonably expects to be eligible to receive benefits during the next 13 weeks.
(b) No employee is eligible to receive benefits before the employee establishes a benefit year.
(bm) An employee’s benefit year begins on the Sunday of the week in which the employee files a valid request to establish a benefit year with the department, except that the department may permit an employee to begin a benefit year prior to that time under circumstances prescribed by rule of the department.
(c) No benefits are payable to a claimant for any week of unemployment not occurring during the claimant’s benefit year except under ss. 108.141 and 108.142.
(cm) If an employee qualifies to receive benefits using the base period described in s. 108.02 (4) (b), the wages used to compute the employee’s benefit entitlement are not available for use in any subsequent benefit computation for the same employee, except under s. 108.141 or 108.142.
(d) A claimant may request that the department set aside a benefit year by filing a written, verbal or electronic request in the manner that the department prescribes by rule. The department shall grant the request and cancel the benefit year if the request is voluntary, benefits have not been paid to the claimant and at the time the department acts upon the request for that benefit year the claimant’s benefit eligibility is not suspended. If the claimant does not meet these requirements, the department shall not set aside the benefit year unless the department defines by rule exceptional circumstances in which a claimant may be permitted to set aside a request to establish a benefit year and the claimant qualifies to make such a request under the circumstances described in the rule.
108.06 Cross-reference Cross-reference: See also s. DWD 129.04, Wis. adm. code.
(2m) Wisconsin supplemental benefits are only available to claimants during a Wisconsin supplemental benefit period. If an extended benefit period ends prior to the end of a claimant’s previously established benefit year, any remaining Wisconsin supplemental benefit entitlement, reduced by the amount of extended benefits paid to him or her, shall again be available to the claimant within the remainder of the benefit year only if there is a Wisconsin supplemental benefit period in effect. In this subsection, “extended benefits”, “extended benefit period”, “Wisconsin supplemental benefits” and “Wisconsin supplemental benefit period” have the meanings given in ss. 108.141 and 108.142.
(3) There shall be payable to an employee, for weeks ending within the employee’s benefit year, only those benefits computed for that benefit year based on the wages paid to the employee in the immediately preceding base period. Wages used in a given benefit computation are not available for use in any subsequent benefit computation except under s. 108.141.
(5) An employee has a valid new claim week starting a new benefit year if all the following conditions are met:
(a) The week is not within an unexpired benefit year or similar period of eligibility for unemployment insurance in another state unless the employee’s eligibility for unemployment insurance in the other state is exhausted, terminated, indefinitely postponed or affected by application of a seasonal restriction.
(b) The employee has claimed benefits for that week under s. 108.08 (1).
(c) The employee has met the general qualifying requirements provided in s. 108.04 (2) applicable to the employee for that week.
(d) As of the start of that week, the employee has base period wages under s. 108.04 (4) which have not been canceled under s. 108.04 (5) or excluded under s. 108.04 (10), (17) or (18).
(6) If a claimant has established a benefit year prior to the effective date of any increase in the maximum weekly benefit rate provided under s. 108.05 (1), the claimant has not exhausted his or her total benefit entitlement under sub. (1) for that benefit year on that effective date, and the claimant was entitled to receive the maximum weekly benefit rate under s. 108.05 (1) that was in effect prior to that effective date, the limitation on the total benefits authorized to be paid to a claimant under sub. (1) does not apply to that claimant in that benefit year. Unless s. 108.141 or 108.142 applies, the claimant’s remaining benefit entitlement in that benefit year for the period beginning on that effective date shall be computed by:
(a) Subtracting the total benefits received by the claimant prior to that effective date from the claimant’s maximum benefit entitlement established prior to that effective date under sub. (1);
(b) Dividing the result obtained under par. (a) by the maximum weekly benefit rate that was in effect prior to that effective date; and
(c) Multiplying the result obtained under par. (b) by the weekly benefit rate which is payable to the claimant under s. 108.05 (1) after that effective date.