Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 7 - Employment Security Division and Alaska Workforce Investment Board
Chapter 85 - Employment Security
8 AAC 85.075 - Monetary determinations
Universal Citation: 8 AK Admin Code 8 AAC 85.075
Current through August 30, 2024
(a) If the wages in the base period of an individual are not paid at least once a calendar month, the wages will be allocated in equal proportion to all weeks during which the services were actually performed.
(b) Extension of the base period of an individual will be made according to the following standards:
(1) An individual will be considered
incapable of work during the greater part of his working time in a calendar
quarter if he was unable to work for at least seven weeks during the calendar
quarter because of an incapacitating illness or injury.
(2) A medical certification, signed by a
physician, will be required as evidence of incapacity.
(3) The extension of the base period may not
exceed one calendar quarter for each calendar quarter of incapacity, and in no
case will the extension exceed the 12-month period immediately before the base
period.
(4) The first quarter
immediately before the base period will be the first to be included in the
extension, with the next preceding quarters included in regular regression for
each quarter of incapacity. However, if the individual was incapacitated for
the greater part of a quarter to be included in the extension, that quarter
will be omitted and the next preceding quarter used if this action will benefit
the individual. A quarter may not be omitted for any other reason.
(5) Wages earned in a quarter included in the
extension of the base period will be added to any wages earned in the
corresponding quarter of incapacity in the regular base period.
(6) To compute the reduction in maximum
benefits payable under the current determination as a result of the reuse of
wages on which benefits were paid under an earlier determination, the following
method will be used:
(A) divide the amount of
wages reused in the current determination by the total amount of base period
wages used in the earlier determination;
(B) multiply the quotient determined under
(A) of this paragraph by the amount of benefits paid on the earlier
determination; and
(C) subtract the
dollar amount, ignoring cents, determined under (B) of this paragraph from the
maximum benefits payable under the current determination.
(c) Repealed 3/24/85.
(d) The following standards will be used to determine the allowance for dependents payable to an individual:
(1) Repealed 4/28/95;
(2) Repealed 4/11/90;
(3) Repealed 4/28/95;
(4) An additional allowance for a dependent
acquired by birth or adoption during the benefit year will be paid beginning
with the week in which an individual claims the additional dependent, if the
total allowance for dependents does not exceed $72 for each week of
unemployment;
(5) If an individual
claims a dependent who is not lawfully in the individual's physical custody,
the director may require the individual to provide a notarized statement from
the custodial parent or legal guardian or other evidence that clearly
demonstrates that the individual claiming the allowance provides or, for the 12
months before the request for the dependent's allowance or since the loss of
custody, whichever is less, has provided more than 50 percent of the support of
that dependent;
(6) A child is
"lawfully in an individual's physical custody" if
(A) the child is residing with the individual
when the claim for the dependent's allowance is filed; and
(B) the individual has either sole or joint
legal custody of the child;
(7) As used in
AS
23.20.350(g)(1), "legal
ward" means a dependent who has been placed in the custody of an individual by
court order.
(e) A claimant's monetary determination will be redetermined under the following conditions:
(1) a redetermination will be
made upon a claimant protest if the protest is made within 30 days from the
date the monetary determination was mailed or otherwise delivered to the
claimant, except that this period may be extended upon a showing that the
protest was delayed as a result of circumstances beyond the claimant's
control;
(2) a redetermination will
be made upon a protest filed after the period determined in (1) of this
subsection only if the protest is made within one year from the date of the
initial determination and concerns a possible error in computation or identity,
including omission of dependents allowance that has been properly and timely
claimed, a possible omission of wages or other pertinent facts,
misrepresentation or nondisclosure of a material fact, misapplication of law by
the division, or the addition of an allowance for a dependent acquired by birth
or adoption during the benefit year;
(3) a notice of redetermination will be
promptly issued after investigation of all pertinent facts and will either
affirm or amend the original determination on the basis of those
facts;
(4) if the protest is taken
from a previous redetermination that was the result of a claimant protest, or
is taken from an original determination for which a redetermination may not be
issued under (1) or (2) of this subsection, the protest will be considered an
appeal to a referee; if the protest is taken from a previous redetermination
that was the result of department action, other than a claimant protest, the
request will be considered a protest that will result in a redetermination as
provided in (3) of this subsection.
(f) A claimant's monetary determination, and the benefit year established by that determination, will be cancelled at the claimant's request only if:
(1) within the
benefit year, the request for cancellation is made in writing, or is made by
telephone to the division;
(2) the
claimant repays to the division all benefits that have been paid under the
determination and that cannot be charged against a new eligible benefit
year;
(3) the claimant has
terminated any voluntary quit, discharge for misconduct, or refusal of work
disqualification by returning to work under the conditions described in
AS
23.20.379(d) and
8 AAC 85.095(a); and
(4) the claimant has terminated any
disqualification for false statement or misrepresentation under the conditions
described in
AS
23.20.387(a).
(g) Regular benefits determined under AS 23.20.340-23.20.350 are not payable for a week of unemployment beginning after the end of the benefit year.
Authority:AS 23.20.045
AS 23.20.330
AS 23.20.340
AS 23.20.350
AS 23.20.376
AS 23.20.530
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