60BBER09-4: Definitions Relating to Emergency Unemployment Compensation
60BBER09-5: Eligibility for Emergency Unemployment Compensation
60BBER09-6: Emergency Unemployment Compensation Individual Accounts
60BBER09-7: How to Apply for Emergency Unemployment Compensation
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The rate of unemployment in the State of Florida has risen dramatically over the last three years. Florida’s unemployment rate now stands at 11.2%, a dramatic increase from the 7.6% rate in December 2008, and over three times the 3.3% rate in July 2006. Currently, 658,986 Floridians receive unemployment compensation, an increase of 86% from the approximately 354,000 recipients in December 2008. Over 210,000 of the current recipients have exhausted the maximum 26 weeks of regular benefits authorized by Florida law. These individuals continue to receive unemployment compensation only because federal law now provides additional benefits to persons whose state benefits have been exhausted. By December 31, 2009, the Agency estimates that 250,000 recipients will have exhausted these additional benefits. Recent federal legislation has authorized and funded additional benefits, enabling most of the 250,000 to continue to receive unemployment compensation. Implementing this legislation, however, will require the creation of administrative rules. In order to ensure that these rules are in place before unemployment compensation recipients lose their benefits, the Agency seeks to adopt emergency rules implementing the new federal legislation while it pursues the regular rulemaking process set forth in Section 120.54, Florida Statutes.
Since July 2008, Congress has passed five pieces of legislation which have progressively increased the duration of these additional benefits. These were: Title IV of the Supplemental Appropriations Emergency Unemployment Compensation (EUC) Act of 2008 (Public Law 110-252), the Unemployment Compensation Extension Act of 2008 (Public Law 110-449), Title II of the American Recovery and Reinvestment Act of 2009 (Public Law 111-4), the Worker, Homeownership and Business Assistance Act of 2009 (Public Law 11-92), and House Bill 3326. (House Bill 3326 does not yet have a Public Law number, as it was signed into law less than a week before this writing.)
The cumulative effect of the first three of these acts was to create and fund a system of Emergency Unemployment Compensation. Under this system, states can pay additional benefits to unemployed persons who had exhausted their regular state benefits. Eligible recipients can receive Tier One benefits for up to 20 weeks. Upon exhaustion of Tier One benefits, eligible recipients can receive Tier Two benefits for up to 13 weeks. As of this writing, 213,273 recipients have exhausted their Tier Two benefits.
The most recent federal legislation, the Worker, Homeownership and Business Assistance Act of 2009 (Public Law 11-92), created and funded a third and fourth tier of Emergency Unemployment Compensation and added an extra week of benefits to Tier Two. Under this law, Tier Three recipients may receive benefits for up to 13 weeks, and Tier Four recipients may receive benefits for up to 6 weeks. House Bill 3326 extended the duration of time within which eligible persons might collect these benefits.
In order to determine which individuals are eligible for benefits and provide compensation to them as quickly as possible, it is necessary that the processes set forth in this emergency rule, and the forms incorporated by reference, be implemented immediately, without the delay attendant with regular rulemaking procedures. The Agency is currently pursuing the regular rulemaking process for incorporating these forms and procedures into its current claims rules, found in Chapter 60BB-3, Florida Administrative Code.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The rules under development by the Agency provide the most efficient means of providing unemployment benefits to those individuals that are entitled to them. In adopting these forms, the Agency has acted to ensure that all procedural remedies available to recipients of regular state unemployment compensation will be available to Emergency Unemployment Compensation program applicants under state law and under the terms of the governing agreement with the United States Department of Labor. The Agency crafted the proposed rules to comply with the new federal legislation, controlling state law, and existing federal standards.
SUMMARY: The new rules define terms used in connection with the Emergency Unemployment Compensation Program, describe eligibility criteria and notice requirements, provide a methodology for computing total amount of available benefits, and inform individuals how to apply for Emergency Unemployment Compensation.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: John R. Perry, Assistant General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128
THE FULL TEXT OF THE EMERGENCY RULE IS:
60BBER09-4 Definitions Relating to Emergency Unemployment Compensation.
(1) Emergency Unemployment Compensation: A federally funded program created by Public Laws 110-252, 110-449, 111-5, and 111-92, and implemented in Florida through an agreement between the Agency for Workforce Innovation and the United States Department of Labor which provides additional weeks of unemployment benefits to qualified individuals who have exhausted their rights to regular unemployment compensation on claims that were effective on or after May 2, 2006.
(2) Extended unemployment compensation: Benefits, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. ss. 8501-8525, that are payable to an individual under Section 443.1115, Florida Statutes.
(3) Qualifying benefit year: The benefit year established on a Florida claim for regular unemployment compensation which was effective on or after May 2, 2006, and is the basis of the individual’s eligibility for emergency unemployment compensation.
(4) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, Florida Statutes, including benefits payable to federal civilian employees and to ex servicemembers under 5 U.S.C. ss. 8501-8525, other than extended unemployment compensation under Section 443.1115, Florida Statutes.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.221(3) FS. History–New 12-23-09.
60BBER09-5 Eligibility for Emergency Unemployment Compensation.
(1) Eligibility Conditions. Emergency Unemployment Compensation is available to individuals who:
(a) Have exhausted all rights to regular unemployment compensation on a Florida claim with a benefit year that ended on or after May 1, 2007;
(b) Have no rights to unemployment compensation under any other state or federal law;
(c) Are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and
(d) Are legally authorized to work in the United States.
(2) Exhaustion of Benefits. For purposes of this rule, an individual has exhausted all rights to regular unemployment compensation when that individual:
(a) Has received all regular unemployment compensation available on the qualifying benefit year; or
(b) Had rights to regular unemployment compensation on the qualifying benefit year, but has insufficient wage credits to establish a new benefit year for regular unemployment compensation.
(3) Amount Payable.
(a) The amount of emergency unemployment compensation payable to an individual for any week of total unemployment will be equal to the amount of regular unemployment compensation payable during the individual’s qualifying benefit year for a week of total unemployment.
(b) The maximum amount of emergency unemployment compensation payable to any individual will not exceed the amount established for such individual in the emergency unemployment compensation account described in Rule 60BB-3.0253, F.A.C.
(4) Applicable Law. The terms and conditions of the law under which the individual claimed and received regular unemployment compensation will apply to claims for and payment of emergency unemployment compensation.
(5) Overpayments. An individual who receives emergency unemployment compensation to which he is not entitled will repay any such overpayment to the Agency for Workforce Innovation. The requirement to repay the overpayment will not be waived.
(a) The Agency may recoup any such overpayments by deducting 50 percent of the weekly benefit amount from any future payments until the overpayment is repaid in full.
(b) Recoupment of overpayments from future benefits may occur at any time during the 3-year period after the date the individual received the payment of the emergency unemployment compensation to which he was not entitled.
(c) No waiver of such recoupment may occur except as permitted by Section 443.151(6)(c), Florida Statutes.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151(6), 443.221(3) FS. History–New 12-23-09.
60BBER09-6 Emergency Unemployment Compensation Individual Accounts.
(1) Establishment of Account. Persons deemed eligible under Rule 60BB-3.0252, F.A.C., will be paid from emergency unemployment compensation accounts established for each individual with respect to that individual’s benefit year.
(2) Eligibility Established Prior to November 23, 2008. The emergency unemployment compensation accounts of individuals whose period of eligibility began between July 6, 2008 and November 22, 2008, will be augmented as provided in this subsection.
(a) The amount established in an account under this subsection will equal the lesser of:
1. 50 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or
2. 13 times the individual’s average weekly benefit amount for the benefit year.
(b) Benefits under this subsection may be paid only for weeks of unemployment beginning on or after July 6, 2008.
(c) If the individual exhausts these benefits before November 23, 2008, no further benefits may be paid to the individual except as provided in subsections (3), (4), (5), and (6) of this rule.
(3) Tier One.
(a) Tier One benefits may be paid only for weeks of unemployment beginning on or after November 23, 2008.
(b) The emergency unemployment compensation account of each individual whose period of eligibility began after November 22, 2008, will be augmented with an amount equal to the lesser of:
1. 80 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or
2. 20 times the individual’s average weekly benefit amount for the benefit year.
(c) The emergency unemployment compensation account of an individual whose period of eligibility began before November 23, 2008 will, if the individual remains otherwise eligible, receive an additional augmentation equal to the amount previously paid under paragraph (b) of this subsection minus the amount actually received under subsection (2).
(d) Tier One benefits may be paid only in cases in which an individual’s regular unemployment compensation benefits are exhausted by the week ending February 27, 2010.
(4) Tier Two.
(a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (3) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if:
1. The individual exhausts all first tier benefits by the week ending February 27, 2010;
2. The individual remains otherwise eligible.
(b) Amount Added to Account. The amount established in an account under this subsection will equal the lesser of:
1. 54 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or
2. 14 times the individual’s average weekly benefit amount for the benefit year.
(c) Tier two benefits may be paid only for weeks of unemployment beginning on or after November 23, 2008.
(5) Tier Three.
(a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (4) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if:
1. The individual exhausts all Tier Two benefits by the week ending February 27, 2010;
2. The individual remains otherwise eligible; and
3. During or after the week these benefits are exhausted, but no later than the week ending February 28, 2010, one of the following circumstances occur:
a. The rate of insured unemployment for the current week and the immediately preceding 12 weeks equals or exceeds 4 percent; or
b. The average rate of total unemployment, seasonally adjusted, for the most recent 3 month period for which data for all States are published equals or exceeds 6 percent.
(b) The amount established in an account under this subsection will equal the lesser of:
1. 50 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or
2. 13 times the individual’s average weekly benefit amount for the benefit year.
(c) Tier Three benefits may be paid only for weeks of unemployment beginning on or after November 8, 2009.
(6) Tier Four.
(a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (5) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if:
1. The individual exhausts all Tier Three benefits by the week ending February 27, 2010;
2. The individual remains otherwise eligible; and
3. During or after the week these benefits are exhausted, but no later than the week ending February 27, 2010, one of the following circumstances occur:
a. The rate of insured unemployment for the current week and the immediately preceding 12 weeks equals or exceeds 6 percent; or
b. The average rate of total unemployment, seasonally adjusted, for the most recent 3 month period for which data for all States are published equals or exceeds 8.5 percent.
(b) The amount established in an account under this subsection will equal the lesser of:
1. 24 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or
2. 6 times the individual’s average weekly benefit amount for the benefit year.
(c) Tier Four benefits may be paid only for weeks of unemployment beginning on or after November 8, 2009.
(7) Termination of Emergency Unemployment Compensation. An individual who has a balance remaining in his or her individual account as of February 28, 2010, will continue to receive emergency unemployment compensation from such balance for any week beginning after that date for which he or she meets the eligibility requirements of this rule, except that no compensation will be payable for any week beginning after July 31, 2010.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History–New 12-23-09.
60BBER09-7 How to Apply for Emergency Unemployment Compensation.
(1) Method of Application. Individuals whose regular unemployment compensation benefits are exhausted, whose benefit year expires between July 6, 2008 and February 27, 2010, or who are entitled to an augmentation of their emergency unemployment compensation accounts pursuant to Rule 60BB-3.0253, F.A.C., will receive notice regarding their eligibility or ineligibility for emergency unemployment compensation. Individuals who claim benefits through the week ending November 7, 2009, will be deemed eligible for these benefits without filing an application as long as they comply with the continued claims reporting requirements set forth in Rule 60BB-3.015, F.A.C. All other individuals who wish to receive emergency unemployment compensation must submit an application for benefits to the Agency for Workforce Innovation. An application may be submitted:
(a) Online by using the Online FLUID EUC Potential Eligibility Site Screens (12/09), which are hereby incorporated by reference into this rule, which will take the claimant to the Online Internet Unemployment Compensation Claim Application (11/07), or the Online Internet Unemployment Compensation Claim Application (Spanish version) (11/07), which are incorporated by reference in paragraphs 60BB-3.029(1)(yy) and (zz), F.A.C., and which are available at www.fluidnow.com; or
(b) In writing on one of the forms listed in subsection (2) of this rule, which are hereby incorporated by reference into this rule and which are available at www.floridajobs.org/unemployment/uc_emp_claims.html.:
(2) Written Applications.
(a) To submit a written application for emergency unemployment compensation under subsections (2), (3), or (4) of Rule 60BB-3.0253, F.A.C., the claimant must complete and submit one of the following forms:
1. Form AWI-UC310EUC (Rev. 10/09), Application for Emergency Unemployment Compensation;
2. Formulario AWI-UC310EUC(S) (Rev. 10/09), Solicitud de Compensacion de emergencia por desempleo, or
3. Fom AWI-UCB310EUC(C) (Rev. 10/09), Aplikasyon pou Aloksyon Chomaj sou Ka Dijan.
(b) To submit a written application for emergency unemployment compensation under subsections (5) or (6) of Rule 60BB-3.0253, F.A.C., the claimant must complete and submit one of the following forms:
1. Form AWI-UC310EUCIII (12-09), Application for Tier III;
2. Formulario AWI-UC310EUCIII (Sp) (12-09), Agencia para la innovacion en la fuerza de trabajo de Florida Compensacion de emergencia por desempleo; or
3. Fom AWI-UCB310EUCIII (Cr) (12-09), Ajans pou Inovasyon Fos Travay “Agency for Workforce Innovation” Konpansasyon Chomaj Dijans.
(c) The applications described in paragraph (2)(b) of this rule will be mailed to:
1. All out of state claimants whose application for extended benefits was denied because the law of their state of residence did not permit payment of extended benefits; and
2. All claimants who did not qualify for extended benefits because their Tier Two benefits expired on or before February 27, 2010.
(d) All applications mailed pursuant to paragraph (2)(c) of this rule will be accompanied by a Form AWI-UC310EUCIII LTR(S) (Rev 12/09), Emergency Unemployment Compensation Instruction Sheet or a Form AWI-UC310EUCIII LTR(N) (Rev 12/09), Emergency Unemployment Compensation Instruction Sheet, which are hereby incorporated by reference into this rule.
(3) Submitting Written Applications. The claimant must submit his or her application by mailing the completed form to the address set forth on the form and/or accompanying instructions.
(4) Notice of Determination.
(a) Notice of ineligibility for cases in which the claimant does not meet the eligibility requirements of Rule 60BB-3.0252, F.A.C., will be mailed to the claimant on a Form AWI-UCB11-I (10/09), Emergency Unemployment Compensation Monetary Determination EUC, which is hereby incorporated by reference into this rule.
(b) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (2) or (3) of Rule 60BB-3.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC (11/09), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule.
(c) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under paragraph (4)(b) of Rule 60BB-3.0253, F.A.C., will be mailed to the claimant:
1. On a Form AWI-UCB11 EUC-2 (12/22/09), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule, when the claimant exhausts his Tier One benefits; or
2. On a Form AWI-UCB11 EUC-2R (12/09), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule, when the claimant:
a. Claimed weeks on a Florida claim for extended benefits in a state in which extended benefits are not payable;
b. Received extended benefit payments for any week ending on or after November 14, 2009; or
c. Was determined to be entitled to an additional week of Tier Two benefits under the augmentation authorized by Public Law 111-92 for any week ending on or after November 14, 2009.
(d) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (5) of Rule 60BB-3.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC3 (12/22/09), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule.
(e) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (6) of Rule 60BB-3.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC4 (12/09), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History–New 12-23-09.