Chapter 383 — Chapter 383

PART I. DEFINITIONS §383-1 Definitions, generally. As used in this chapter, unless the context clearly requires otherwise: "Administration fund" means the special unemployment insurance administration fund established pursuant to section 383-127. "Alternative base period" means t…

§383-10 Definition of wages. As used in this chapter, unless the context clearly requires otherwise, "wages", subject to section 383-11, means all remuneration for services from whatever source, including commissions and bonuses, tips or gratuities paid directly to an individual …

§383-100 Protection against self-incrimination. No person shall be excused from attending or testifying or producing material, books, papers, correspondence, memoranda, and other records before the director of labor and industrial relations, any duly authorized representative of …

§383-101 Relation to chapter 371. The provisions of chapter 371 with respect to the adoption, amendment, repeal, and review of rules and regulations shall not apply with respect to rules and regulations under this chapter. [L 1941, c 304, §1, pt of subs 32; RL 1945, §4280; RL 195…

§383-102 Preservation and destruction of records. (a) The department of labor and industrial relations may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports, or transcripts thereof as it may deem advisable for the e…

§383-103 Representation in civil and criminal actions. (a) In any civil action to enforce this chapter, the department of labor and industrial relations and the State may be represented by the attorney general or by any qualified attorney who is employed by the department for tha…

§383-104 State employment service. The provisions of the Wagner-Peyser Act, as amended, are accepted by this State and the department of labor and industrial relations is designated and constituted the agency of this State for the purpose of the Act. The department shall establis…

§383-105 Federal-state cooperation. (a) In the administration of this chapter, the department of labor and industrial relations shall cooperate with the United States Department of Labor to the fullest extent consistent with this chapter, and shall take such action, through the a…

§383-106 What reciprocal arrangements authorized. (a) The department of labor and industrial relations may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby: (b) The provisions of subsec…

§383-107 Reimbursement payments deemed benefits, when. Reimbursements paid from the fund pursuant to section 383-106(a)(3) shall be deemed to be benefits for the purpose of sections 383-21 to 383-24, 383-72, 383-76, and 383-121 to 383-124. The department of labor and industrial r…

§383-108 Cooperation with states, etc. (a) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this State and such other states and the appropriate federal agencies …

§383-109 Cooperation with foreign governments. To the extent permissible under the laws and Constitution of the United States, the department of labor and industrial relations may enter into or cooperate in arrangements whereby facilities and services provided under this chapter,…

§383-11 Excluded payments. "Wages" does not include: (4) Paragraph (4), (A) and (B) reformatted as subparagraphs (A) and (B) and punctuation changed.

[§383-110 Personnel security program; criminal history record checks.] (a) The department shall establish a personnel security program that ensures a background investigation is completed at the appropriate level designated by the federal government for any individual who will ha…

§383-12 REPEALED. L 2025, c 214, §8.

PART V. FUNDS §383-121 Unemployment compensation trust fund; establishment and control. There is established in the treasury of the State as a trust fund, separate and apart from all public moneys or funds of the State, an unemployment compensation fund, which shall be administer…

§383-121.5 Renumbered as §383-127.

§383-122 Accounts and deposit. The director of finance shall maintain within the fund three separate accounts: All moneys payable to the fund, upon receipt thereof by the director of finance, shall be immediately deposited in the clearing account. The director of finance of the S…

§383-123 Withdrawals; administrative use. (a) Withdrawals. Moneys requisitioned from the State's account in the unemployment trust fund shall be used exclusively for the payment of benefits, refunds of contributions pursuant to section 383-76 and section 383-7(a)(6), and for paym…

§383-124 Relation to unemployment trust fund. Sections 383-121 to 383-123 to the extent that they relate to the unemployment trust fund, shall be operative only so long as the unemployment trust fund continues to exist, and so long as the Secretary of the Treasury of the United S…

§383-125 Financing employment security administration. All moneys received from the federal government or other sources that are required by federal law or regulations to be for the purposes of administering the employment security program shall be expended subject to the finding…

§383-126 Reimbursement of fund. If any moneys received after June 30, 1941, from the Secretary of Labor under title III of the Social Security Act, or any unencumbered balances in the employment security administration fund as of that date, or any moneys granted after that date t…

§383-128 Employment and training fund established. (a) Effective January 1, 1992, there is established in the state treasury, apart from all other funds in this State, a special fund to be known as the employment and training fund. All assessments collected pursuant to section 38…

§383-129 Employment and training assessment. (a) In addition to contributions determined by section 383-68, every employer, except an employer who has selected an alternative method of financing liability for unemployment compensation benefits pursuant to section 383-62, or an em…

PART VI. PENALTIES §383-141 Falsely obtaining benefits, etc. 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 co…

§383-142 Employing units. Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to …

§383-143 General penalty. Any person who wilfully violates this chapter or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in t…

§383-144 Unlawful disclosures. If any individual, whether an employee or member of the department of labor and industrial relations, or the referee, in violation of section 383-95, makes any disclosure of information obtained from any employing unit or individual in the administr…

PART VII. MISCELLANEOUS PROVISIONS §383-161 Waiver of rights void. (a) Any agreement by an individual to waive, release, or commute the individual's rights to benefits or any other rights under this chapter shall be void, except agreements to withhold and deduct benefits for the …

§383-162 Limitation of fees. No individual shall be charged fees of any kind in any proceeding under this chapter by the department of labor and industrial relations or its representatives, or the referee, or by any court or any officer thereof, and no costs shall be awarded by t…

§383-163 No assignment of benefits; waiver. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be valid and the right to benefits shall not be subject to levy, execution, attachment, garnishment, or any o…

§383-163.5 Child support intercept of unemployment benefits. (a) An individual filing a new claim for unemployment compensation, at the time of filing such claim, shall disclose whether or not that individual owes child support obligations as defined under subsection (g). If any …

§383-164 Nonliability of State. Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter, and to the extent that moneys are available therefor to the credit of the unemployment compensation fund and the department of labor and …

§383-165 Saving clause, amendment, or repeal. The legislature reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conf…

§383-166 Conformity with federal law. The legislature hereby declares its intention to provide for carrying out the purposes of this chapter in cooperation with the appropriate agencies of other states and of the federal government, as part of a nationwide employment security pro…

§383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of. If at any time the governor finds that the federal Unemployment Tax Act has been amended or repealed by act of Congress, with the result that no portion of the contributions required by this chapter…

§383-168 Definitions. As used in this part, unless the context clearly requires otherwise:

§383-169 Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits. Except when the result would be inconsistent with the other provisions of this part, as provided in the regulations of the director, the provisions of this c…

§383-170 Eligibility requirements for extended benefits. (a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the department finds that with respect to such week: (b) No provision …

§383-171 Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual's app…

§383-172 Total extended benefit amount. The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year shall be fifty per cent of the total amount of regular benefits which were payable to the individual under this ch…

§383-173 Beginning and termination of extended benefit period. Whenever an extended benefit period is to become effective in this State as a result of a state "on" indicator, or an extended benefit period is to be terminated in this State as a result of a state "off" indicator, t…

§383-174 Computations. Computations required by section 383-168(4) shall be made by the director, in accordance with regulations prescribed by the United States Secretary of Labor. [L 1971, c 187, pt of §13; am L 1982, c 58, §4]

§383-2 Definition of employment. (a) As used in this chapter, unless the context clearly requires otherwise, "employment", subject to sections 383-3 to 383-9, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or or…

PART II. BENEFITS §383-21 Payment of benefits. All benefits provided herein shall be payable from the fund. All benefits shall be paid through employment offices, in accordance with such regulations as the department of labor and industrial relations may prescribe. [L 1939, c 219…

§383-22 Weekly benefit amount; computation, minimum and maximum. (a) In the case of an individual who has established a benefit year prior to January 2, 1966, the individual's weekly benefit amount shall be the amount appearing in column B in the table in this section on the line…

§383-23 Weekly benefit for unemployment. For weeks beginning prior to January 5, 1992, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amou…

§383-23.5 Retirement payments. (a) For any week with respect to which an individual is receiving a pension (which shall include a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment) under a plan maintained or contributed to by…

§383-24 Maximum potential benefits. The maximum potential benefits of an eligible individual in a benefit year shall be twenty-six times the eligible individual's weekly benefit amount. [L 1939, c 219, §3(e); am L 1941, c 304, §1, pt of subs 15; RL 1945, §4217; am L 1955, c 16, §…

§§383-25 to 383-28 REPEALED. L 1969, c 3, §1.