Title 11 — Labor and Industrial Relations

This subchapter shall be known and cited as the “Unemployment Trust Fund Financing Act of 2011”.

(1) The General Assembly finds that:(1) With a recession or economic slowdown now underway, the state's unemployment trust fund faces higher claims levels and longer benefit durations that accompany any economic downturn;(2) The Arkansas Unemployment Trust Fund:(A) Provides parti…

(1) As used in this subchapter:(1) “Authority” means the Arkansas Development Finance Authority;(2) “Bonds” means the “Arkansas Unemployment Trust Fund Bonds”, as authorized in this subchapter;(3) “Debt service” means all amounts required for the payment of principal, interest, a…

(a) The Arkansas Development Finance Authority is authorized, subject to the approval of the voters in a statewide election, to issue bonds to be known as the Arkansas Unemployment Trust Fund Bonds in an aggregate principal amount not to exceed five hundred million dollars ($500,…

(a) The Arkansas Development Finance Authority shall prepare and distribute to the Governor a report that shall contain a plan for repaying the federal Unemployment Trust Fund debt and the estimated time and cost to repay the debt. (b) Upon receipt of the report described in subs…

(a) (1) Arkansas Unemployment Trust Fund Bonds shall not be issued under this subchapter unless the issuance of bonds has been approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor as pr…

(a) Prior to the issuance of Arkansas Unemployment Trust Fund Bonds, the Arkansas Development Finance Authority shall adopt a resolution authorizing the issuance of the bonds. (b) Each resolution adopted under this section shall contain the terms, covenants, and conditions as are…

(1) The Arkansas Unemployment Trust Fund Bonds are subject to the following terms and conditions:(1) (A) The bonds may be issued in more than one (1) series in an amount sufficient to accomplish the purposes of this subchapter.(B) The respective series of bonds shall be designate…

(a) The Arkansas Unemployment Trust Fund Bonds may be sold in any manner, either at private or public sale, and upon terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effecting the purposes of this subchapter. (b) (1) If the bo…

This chapter shall be known and may be cited as the “Division of Workforce Services Law”.

Under § 15-5-212, the Arkansas Development Finance Authority may employ and retain any professionals that the Arkansas Development Finance Authority deems necessary to accomplish the issuance and sale of the Arkansas Unemployment Trust Fund Bonds, including without limitation leg…

(a) The Arkansas Unemployment Trust Fund Bonds shall be payable from the designated revenues. (b) (1) The unemployment obligation assessment shall be collected until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter.(2) The u…

(a) Proceeds from the sale of the bonds shall be deposited into trust funds or accounts established under the resolution or trust indenture authorizing or securing the bonds to accomplish the purposes of this subchapter in amounts or portions as set forth in the resolution or tru…

(a) The Arkansas Development Finance Authority may issue the Arkansas Unemployment Trust Fund Bonds for the purpose of refunding bonds previously issued under this subchapter if the total amount of bonds outstanding after the refunding is completed does not exceed the total amoun…

Officers, officials, employees, and members of the Board of Directors of the Arkansas Development Finance Authority are not liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she acts with corrupt intent.

(a) All Arkansas Unemployment Trust Fund Bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. (b) The bonds shall be eligible to secure deposits of all public funds…

(a) (1) This subchapter shall constitute a contract between the State of Arkansas and the registered owners of all State of Arkansas Unemployment Trust Fund Bonds issued under this subchapter that shall never be impaired.(2) A violation of terms of this subchapter, whether under …

(a) (1) (A) Except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c), each employer shall pay a separate and additional assessment, to be known as the “unemployment obligation assessment”, on wages paid by that employer with…

(a) (1) There is established on the books of the Division of Workforce Services a special restricted fund to be known as the “Bond Financing Trust Fund”, to be maintained and administered by the division under this subchapter for the purposes stated in this subchapter.(2) The fol…

(1) As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows:(1) Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemploym…

The General Assembly declares its intention to provide for the carrying out of the purposes of this chapter in cooperation with the appropriate agencies of other states and of the United States Government as part of a nationwide employment security program to secure for this stat…

This chapter shall be construed to accomplish its purpose to promote employment security by increasing opportunities for placement through the maintenance of a system of public employment offices and by providing through accumulation of reserves for the payment of compensation to…

(a) (1) The General Assembly reserves the right to amend or repeal all or any part of this chapter or of any law heretofore enacted involving any employment security law.(2) There shall be no vested private right of any kind against such amendment or repeal nor shall there be ves…

(a) False Statement or Representation. (1) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact to obtain or increase any benefit or other payment under this chapter or under the unemployment compensation law of a…

(a) Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void. (b) Any agreements by an individual in the employ of any person or employing unit to pay all or any portion of an employer's contri…

(a) No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this chapter by the Board of Review, the Director of the Division of Workforce Services, or his or her or its representatives, or by any court or any officer thereof, except tha…

(a) Except as elsewhere provided in this section and § 11-10-110, any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. (b) Such rights to benefits shall be exempt from levy, execution, attachment,…

(a) At the time of filing the claim, an individual filing a new claim for unemployment compensation shall disclose whether or not the individual owes child support obligations as defined under subdivision (g)(1) of this section. If any individual discloses that he or she owes chi…

(a) (1) An individual filing a new claim for unemployment compensation shall at the time of filing the claim disclose whether or not he or she owes an uncollected overissuance, as defined in section 13(c)(1) of the Food Stamp Act of 1977, of food stamp coupons.(2) The Director of…

(a) Conditioned upon the availability of federal funding provided under Section 209 of the Temporary Extended Unemployment Compensation Act of 2002, Title II of the Job Creation and Worker Assistance Act of 2002, Pub. L. No. 107-147, Title IX of the Social Security Act, 42 U.S.C.…

(a) (1) As used in this chapter, unless the context clearly requires otherwise, “base period” means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of the benefit year.(2) For claims involving wages of several states, the ba…

As used in this chapter, unless the context clearly requires otherwise, “regular benefits” means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. §…

As used in this chapter, unless the context clearly requires otherwise, “benefit year” with respect to any individual means the twelve-consecutive-month period beginning the first day of the calendar quarter in which he or she first files a valid claim for benefits in accordance …

(1) As used in this chapter, unless the context clearly requires otherwise:(1) “Contributions” means money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ; and(2) “Payments i…

As used in this chapter, unless the context clearly requires otherwise, “calendar quarter” means the period of three (3) consecutive calendar months ending on March 31, June 30, September 30, or December 31.

As used in this chapter, unless the context clearly requires otherwise, “director” means the Director of the Division of Workforce Services.

All rules previously promulgated under this chapter shall be enforceable by the Director of the Division of Workforce Services and shall remain in full force and effect unless or until such time as amended by the director.

(a) (1) As used in this chapter, unless the context clearly requires otherwise, “employing unit” means any individual, organization, or legal representative of a deceased person.(2) This term includes but is not limited to any partnership, association, trust, estate, joint-stock …

(1) As used in this chapter, unless the context clearly requires otherwise, “employer” means:(1) Any individual or employing unit which, for some portion of ten (10) or more days, whether the days are or were consecutive, within the current or the preceding calendar year, has or …

(a) As used in this chapter, unless the context clearly requires otherwise, “employment” means:(1) Service performed after December 31, 1977, including service in interstate commerce, by:(A) Any officer of a corporation; or(B) Any individual who, under the usual common law rules …

As used in this chapter, unless the context clearly requires otherwise, “employment office” means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charg…

As used in this chapter, unless the context clearly requires otherwise, “fund” means the Unemployment Compensation Fund established by this chapter.

As used in this chapter, unless the context clearly requires otherwise, “state” includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

(a) As used in this chapter, unless the context clearly requires otherwise, an individual shall be deemed “unemployed” with respect to any week during which:(1) He or she performs no services;(2) No wages are payable to him or her with respect to that week, or if wages are payabl…

(a) (1) As used in this chapter, “wages” means all remuneration paid for personal services, including without limitation, commissions, bonuses, cash value of all remuneration paid in any medium other than cash, the value of which shall be estimated and determined in accordance wi…

As used in this chapter, unless the context clearly requires otherwise, “week” means a seven-consecutive-calendar-day period beginning on Sunday at 12:01 a.m. and ending on Saturday at midnight.

As used in this chapter, unless the context clearly requires otherwise, “insured work” means employment for employers.

As used in this chapter, unless the context clearly requires otherwise, “rate year” means a twelve-month period beginning on January 1 and ending on December 31.

As used in this chapter, unless the context clearly requires otherwise, “computation date” means June 30 of the preceding calendar year.

(a) (1) As used in this chapter, unless the context clearly requires otherwise, “institution of higher education” means an educational institution that:(A) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivale…