Title 39, Title 39

The board shall act in a quasi-judicial capacity for the hearing of disputes concerning the administration of Montana's unemployment insurance laws.

A person may not be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the department or board, the presiding officer of an appeal tribunal, or any authorized representative of either of them or in obedience …

(1) Any agreement by an individual to waive, release, or commute the individual's rights to benefits or any other rights under this chapter is void. (2) Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions …

(1) An employer may not, directly or indirectly, make, require, or accept any deduction from wages to finance the employer's contributions required from the employer or require or accept a waiver of any right under this chapter by an individual in the employer's employ. (2) An em…

Any assignment, pledge, or encumbrance of any right to benefits that are or may become due or payable under this chapter is void, and the rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Benefits received by …

(1) For purposes of this section, the following definitions apply: (a) "Child support obligations" includes only obligations that are being enforced pursuant to a plan described in 42 U.S.C. 654 that has been approved by the secretary of health and human services under Title 42, …

(1) The internal revenue service may levy against an individual's unemployment benefits if the individual: (a) is liable for taxes, interest, or penalties owed to the internal revenue service; and (b) has not paid the taxes, interest, or penalties in subsection (1)(a) within 10 d…

(1) (a) A person who makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter or under an employment security law of any other state or territ…

(1) A person who, in order to obtain or increase for personal gain or for any other person benefits under this chapter or under an employment security law of any other state or territory or the federal government, knowingly makes a false statement or representation or knowingly f…

A person who, through deception or other fraudulent means, obtains benefits that the person is not entitled to under this chapter or under an employment security law of any other state or territory or the federal government or a person legally accountable for that conduct under 4…

(1) Any employing unit, any officer or agent of an employing unit, or any other person may not make a false statement or representation knowing it to be false or knowingly fail to disclose a material fact in order to: (a) prevent or reduce the payment of benefits to any entitled …

Any person who shall willfully violate any provision of this chapter or any order or rule 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 herein nor provided b…

(1) A person who receives benefits not authorized by this chapter shall repay to the department either directly or, as authorized by the department, by offset of future benefits to which the claimant may be entitled, or by a combination of both methods, a sum equal to the amount …

(1) After making all reasonable efforts to collect unpaid contributions, assessments under 39-51-404, and penalties and interest, or overpaid benefits and penalties under 39-51-3206, the department may determine a debt to be uncollectible. Upon determining that a debt is uncollec…

(1) For the purposes of this section: (a) "unemployment insurance benefit overpayments" includes collections that are made pursuant to 39-51-3206; (b) "unpaid taxes, penalties, and interest" includes payments required from employers under 39-51-404, 39-51-603, 39-51-1103, 39-51-1…

There is established separate and apart from all public money or funds of this state a fund in the enterprise fund type known as the unemployment insurance fund, which must be administered by the department exclusively for the purposes of this chapter. Any reference to the unempl…

(1) The commissioner of labor and industry is the ex officio treasurer and custodian of the unemployment insurance fund and shall administer that fund in accordance with this chapter. The commissioner shall maintain within the fund three separate accounts: (a) a clearing account;…

(1) Money may be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and in accordance with section 904 of the Social Security Act, 42 U.S.C. 1104, and with regulations prescribed by the department. Money withheld by the depar…

(1) Money credited to the account of this state in the unemployment trust fund by the secretary of the treasury of the United States pursuant to section 903 of the Social Security Act, 42 U.S.C. 1103, as amended, may be used, pursuant to a specific appropriation by the legislatur…

(1) There is an account in the federal special revenue fund to be known as the unemployment insurance administration account. All money that is deposited, appropriated, or paid into this account is available for appropriation to the department. All money in the account must be ex…

The state of Montana shall replace within a reasonable time any money received under section 302 of the Social Security Act, 42 U.S.C. 502, that because of any action or contingency has been lost or has been expended for purposes other than or in amounts in excess of those found …

(1) The department is authorized to apply for advances on behalf of the state of Montana from its account in the federal unemployment trust fund and to accept responsibility for repayment of any advances in accordance with the conditions specified in section 1201 of the Social Se…

(1) There is an account in the state special revenue fund called the employment security account. (2) Money deposited in the employment security account may be appropriated to the department for payment of: (a) unemployment insurance benefits; (b) expenses incurred in the adminis…

(1) (a) In the administration of this chapter, the department shall: (i) afford reasonable cooperation to every agency of the United States charged with the administration of any unemployment insurance law; (ii) disclose wage and other required information to authorized recipient…

(1) The department shall afford reasonable cooperation with any government agency charged with war effort or postwar planning responsibilities or with the administration of any system of unemployment allowances or unemployment assistance or of any program designed to prevent or r…

(1) The department is authorized to cooperate with and enter into agreements with the railroad retirement board with respect to establishment, maintenance, and use of employment service facilities. (2) The department shall make available to the railroad retirement board the recor…

(1) The department is authorized to enter into reciprocal benefit arrangements with the appropriate agencies of other states, the federal government, or both. (2) (a) Subject to subsection (2)(b), services performed by an individual for a single employing unit that are customaril…

Upon request by the department, a state or local government agency, including the units of the university system, or a state or local government official or employee shall cooperate by supplying the department with information that would aid in the administration of this chapter.…

The department shall maintain a record of the wages paid to an individual in accordance with wages earned by the individual for employment by employers during each quarter.

Wage records kept by the department must be kept on the basis of wages paid. For purposes of determining benefit eligibility and the amount and duration of benefits payable, wages, including lump-sum payments of accrued wages, may be assigned to periods of time determined in acco…

(1) Each employing unit shall keep true and accurate work records containing the information that the department may prescribe. Those records must be open to inspection and audit and may be copied by the department or its authorized representative at any reasonable time and as of…

(1) An employing unit or its representative shall provide to the department wage, employment, separation, and eligibility information requested by the department in a timely manner as established by rule. (2) (a) Subject to the provisions of subsection (4), the department shall c…

This part may be cited as the "Unemployment Insurance Program Integrity Act".

The purpose of this part is to enhance program integrity for the state's unemployment insurance program.

The department shall further program integrity and claimant eligibility by: (1) utilizing a commercially available database to verify the identity of applicants for benefits; (2) crossmatching benefits applicants with the department of corrections list of incarcerated individuals…