Iowa Admin. Code r. 871-24.1

Current through Register Vol. 47, No.14, January 8, 2025

Rule 871-24.1 - [Effective 2/12/2025] Definitions

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

(1) Reserved.

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

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

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

(5)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.

(6)Base period. See Iowa Code section 96.1A(3).

(7)Base period employer and chargeable employer. See Iowa Code section 96.3.

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

(9)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 claim. An application for determination of eligibility filed on an established claim that follows a period of employment.

(2) 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.

(3) 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.

(4) Combined wage claim. A claim filed according to an interstate agreement that 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.

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

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

(7) 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 that certifies to the completion of a week of total unemployment or partial employment to claim benefits for a compensable week.

(8) 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.

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

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

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

(12) Mail claim. Reserved.

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

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

(15) 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 that 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.

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

(17) 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 that certifies to the beginning date of a period of unemployment that falls within a benefit year previously established for which a continued claim or claims may be filed and which follows a break in a previously established claim, due to illness, disqualification, unavailability, or failure to report for any reason other than reemployment.

(18) Second benefit year claim. A new claim with an effective date for a second benefit year that 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.

(19) Transitional claim. Reserved.

(20) 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.

(10)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.

(11)Compensable week. A week for which benefits have been claimed.

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

(13)Department. The department of workforce development, the chief executive officer of which is the director, who is appointed by the governor with the approval of two-thirds of the members of the senate. The director is responsible for administering Iowa Code chapter 96.

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

c.Monetary determination. 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.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.

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

f.Status 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.

(15)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.

(16)Employment security law. Iowa Code chapter 96.

(17)Fact-finding interview. A discussion between interested parties and a department representative for the purpose of obtaining from the claimant a statement regarding a specific eligibility or disqualification issue.

(18)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.

(19)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.

(20)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.

(21)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.

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

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

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

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

(26)Part-time worker. See Iowa Code section 96.3.

(27)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.

(28)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.

(29)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.

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

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

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

a.Layoff. 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.Quit. 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 separation. 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.

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

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

(35)Total unemployment. See week of unemployment.

(36)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.

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

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

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, 96.1A 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

Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025