Iowa Administrative Code

24.23(1) The claimant must have been paid benefits on a previous claim. 24.23(2) Qualifications for a second benefit year are established in Iowa Code section 96.4(4)“c.” Vacation pay, severance pay and bonuses are not considered as wages for second benefit year requalification p…

24.24(1) Definition. a. “Misconduct” is defined in Iowa Code section 96.5(2)“d.” b. Back pay awards are not considered when calculating wages for qualification under Iowa Code section 96.5(2)“a.” 24.24(2) Gross misconduct. a. “Gross misconduct” is defined in Iowa Code section 96.…

24.25(1) Definition. As used in sections 96.5(3)“b”(1) and 96.5(4), the term “labor dispute” shall mean any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing,…

24.26(1) Union membership in and of itself is not the determinative factor in whether an individual is participating in, financing or directly interested in the labor dispute. 24.26(2) The relationship between employer and employee continues during the period of the labor dispute…

24.27(1) Except as otherwise provided by statute or by division rule, any payment, appeal, application, request, notice, objection, petition, report or other information or document submitted to the division will be considered received by and filed with the division: a. If transm…

24.28(1) An interstate claimant is an individual who claims benefits under the unemployment insurance law of one or more liable states. Interstate benefits are payable under the plan approved by the national association of state workforce agencies to unemployed individuals who do…

24.29(1) Section 96.20 of the employment security law of Iowa authorizes the department to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both. In conformity with this section, the department of wo…

of the claimant has been verified by the department. 24.3(1) If the agency is unable to verify the claimant’s identity in the claim application, the department will notify the claimant, who must provide approved documents, one of which must contain a social security number. The d…

24.30(1) Purpose of plan. The combined wage program enables an unemployed worker with covered employment or wages in more than one state to combine all employment and wages in one state to qualify for benefits or to receive increased benefits. a. Each state will cooperate with ev…

to the labor market after attending vocational training while being paid unemployment insurance benefits. Vocational training is nonacademic, skill-oriented training that provides the student with job tools and skills that can be used in the workplace. It includes technical, skil…

24.32(1) Training extension benefits provide continued benefit eligibility, allowing an individual to pursue a training program for entry into a high-demand or high-technology occupation. Training extension benefits are available to an individual who voluntarily quit with good ca…

1974 (P.L. 93-618) are determined in accordance with the rules of the United States department of labor as published in the Code of Federal Regulations, Chapter 29, Parts 70 and 91. The Trade Act of 1974 is designed to pay unemployment benefits to workers who become unemployed du…

24.35(1) Purpose. Extended benefits are defined by Iowa Code section 96.1A(20). 24.35(2) Determination of when extended benefits are paid. a. When paid. The state “on” indicator, as defined by Iowa Code section 96.1A(29), determines when extended benefits are paid in this state. …

will be determined in accordance with the rules of the United States Department of Labor and published in the Code of Federal Regulations, Title 20, Chapter V, Parts 625 and 650. This rule is intended to implement Iowa Code section 96.7(2). [ARC 8789C, IAB 1/8/25, effective 2/12/…

benefits for civilian federal employees are determined in accordance with the applicable state law and rules as well as the rules of the United States Department of Labor published in the Code of Federal Regulations, Title 20, Chapter V, Parts 609, 615, 616, and 650. These benefi…

24.38(1) Unemployment benefits for ex-military personnel, in addition to being determined in accordance with applicable Iowa law and rules, will be determined in substantial compliance with the rules and guidelines of the United States Department of Labor published in the Code of…

24.39(1) Overpayments will be offset up to and including 100 percent of the federal extended unemployment compensation benefit payment. 24.39(2) Waiver of overpayments. a. Individuals who have received amounts of extended unemployment compensation to which they were not entitled …

24.4(1) Intrastate benefits. Benefit rights information is available online to explain those provisions in the law and rules that govern the individual’s monetary eligibility, rights and responsibilities under Iowa’s unemployment insurance program. 24.4(2) Interstate benefits. Be…

24.40(1) Educational institution is defined in Iowa Code section 96.1A(12). 24.40(2) Educational service is defined in Iowa Code section 96.4(5)“d.” 24.40(3) Employment definitions. a. Professional employees including educational service agency employees means persons who are emp…

24.41(1) Claim filed. When a claim has been filed by an employee of an educational institution, the department sends a Notice of Claim to the educational institution. To protest the claim, the educational institution returns the notice to the department, including a statement as …

24.42(1) See rule 871—23.20(96). However, wages earned by an individual who is a full-time employee for a school whose academic pursuit is incidental to the full-time employment may be used for claim and benefit purposes. 24.42(2) See rule 871—23.21(96). This rule is intended to …

are exempt from coverage but may volunteer coverage by request to the department. Schools not affiliated with a church are covered employers with insured work. This rule is intended to implement Iowa Code section 96.1A(16)“g”(6). [ARC 8789C, IAB 1/8/25, effective 2/12/25]

professional athletes. A professional athlete is an individual whose occupation is participating in athletic or sporting events for wages. A semiprofessional athlete is within the scope of Iowa Code section 96.5(9), if such sports services are performed for compensation in covere…

facing a temporary shortfall may reduce the work hours of all employees in an affected unit and those employees will receive a portion of their regular unemployment insurance benefits. The program is designed to reduce unemployment and stabilize the workforce. Additional informat…

any compensation payable under Iowa Code chapter 96, including any amounts payable pursuant to any workforce development agreement under any federal law administered by the department. 24.46(1) Information furnished to child support recovery unit. The department will furnish info…

States. An alien is a person owing allegiance to another country or government. A national is defined as a person who lives in mandates or trust territories administered by the United States and owes permanent allegiance to the United States. 24.47(1) To identify illegal nonresid…

24.48(1) All references to the Code of Federal Regulations (CFR) and United States Code (U.S.C.) in this chapter are to the laws as amended as of November 1, 2024. 24.48(2) All references to the Social Security Act refer to 42 U.S.C. Sections 301-1397mm, as amended as of November…

24.5(1) A mass separation is a layoff of all or a large number of workers, either permanently, indefinitely, or for a specific duration by one or more employers in the same area, at approximately the same time, and for the same common reason. a. Special procedures for mass claim …

24.6(1) The department will provide a program that consists of providing reemployment services. 24.6(2) Purpose. The eligibility assessment program is used to accelerate the individual’s return to work and systematically review the individual’s efforts towards the same goal. 24.6…

24.7(1) An individual who has received workers’ compensation under Iowa Code chapter 85 during a healing period or temporary total disability benefits or indemnity insurance benefits for an extended period of time and who has insufficient wage credits in the base period may quali…

information, and decisions made. 24.8(1) Issuing a notice of the filing of an initial claim or a request for wage and separation information to employing units. a. Notice of Claim and Request for Wage and Separation Information shall be: (1) Addressed to the address or addresses …

24.9(1) Monetary determinations. When an initial claim for benefits is filed, the department will send to the individual claiming benefits a notification consisting of a statement of the individual’s weekly benefit amount, total benefits, base period wages, and other data pertine…

“Administrative penalty” means the disqualification of a claimant from the receipt of benefits due to fraud or misrepresentation or the willful and knowing failure to disclose a material fact for a period of not more than the remaining benefit year, including the week in which su…

25.10(1) When, after an investigation, the department determines an overpayment occurs due to misrepresentation or fraud, the case shall be given a thorough and detailed review to determine if it may be referred to a county attorney or the attorney general for prosecution for fra…

25.11(1) If prosecution is warranted, supportive documentation and evidence will be requested and thoroughly reviewed by the investigator. 25.11(2) A handwriting sample may be taken from claimant and submitted for investigation. 25.11(3) A summary of the case will be prepared and…

25.12(1) Each quarter, wage verification documents are mailed to selected employers requesting wage information on specific claimants with regard to benefit payments. 25.12(2) The completed documents are sent to the investigation and recovery unit for review. Potential cases of c…

25.13(1) Undelivered warrant. Any warrant issued in payment of benefits that is returned undelivered to the department will be canceled 90 days after the original issue date unless it can be mailed to the correct address. 25.13(2) Canceled warrant. Warrants are canceled as per Io…

25.14(1) An eligible week for a deceased claimant will be one where the week is claimed by the individual prior to death. If benefits are due a deceased person, the benefits are paid to the person or persons who have been issued letters testamentary or of administration pursuant …

25.15(1) Recovery and charging of back pay is governed by Iowa Code section 96.3(8). a. The department shall first attempt to reach an agreement with the individual and the employer. b. The burden of proof is on the employer to establish the dollar amount of the back pay award th…

and owes an overpayment of benefits of at least $50 is subject to an offset against the individual’s payment from the state to recover all or a part of the overpayment and to reimburse the department of revenue for administrative costs to execute the offset. All overpayments, whe…

U.S.C. §503) and 26 U.S.C. §6402(f), both as amended and in effect as of October 23, 2024, the department will utilize the treasury offset program in order to collect covered unemployment compensation. This rule is intended to implement Iowa Code section 96.3(7). [ARC 8361C, IAB …

unit is to: 25.2(1) Take aggressive action to prevent, detect, and deter benefits paid through error and to investigate and penalize fraud; 25.2(2) Maximize the recovery of benefit overpayments; and 25.2(3) Seek prosecution when the unit believes a person has committed a serious …

recovery unit are to: 25.3(1) Investigate and make determinations on issues within the unit’s scope that are referred by the general public, employing units, agency personnel, other agencies, or anonymous sources. The unit examines allegations of the following type: a. Failure to…

25.4(1) If the party alleging fraud supplies sufficient information to proceed with an investigation, the information is to be forwarded to the investigation and recovery unit, which will advise the alleging party that the unit will fully investigate. The unit is to provide its f…

25.5(1) If the party alleging fraud supplies sufficient information to proceed with an investigation, the information is to be forwarded to the investigations and recovery unit. The unit will advise the alleging party that the unit will fully investigate. The unit may seek the as…

25.6(1) Upon receipt of an allegation of fraudulent activity, the investigation and recovery unit will prepare an investigation file containing all necessary documents, assign an investigation number, and assign the case to an investigator. All investigation files will remain con…

25.7(1) The investigation and recovery unit may determine that a claimant has received benefits to which the claimant was not entitled due to the claimant’s own fault, the employer’s fault, the agency’s fault, or fraud as provided in Iowa Code section 96.16. 25.7(2) A dated notic…

25.8(1) Good faith overpayment. The department shall recover good faith overpayments. The department shall issue the overpayment decision to the claimant’s last-known address or through the claimant’s preferred contact method. Once the overpayment amount has been established, an …

25.9(1) An administrative penalty may be imposed on a claimant as per Iowa Code section 96.5(8). 25.9(2) Penalties. a. Any penalties imposed by this rule shall be in addition to those imposed by Iowa Code section 96.16. b. The general guide for disqualifications for deliberate fa…