Employer contribution and charges; claims and benefits, 23.69, 23.70, 23.72(1), 24.1, 24.39, 24.40
ARC 3280C
WORKFORCE DEVELOPMENT DEPARTMENT[871]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 96.11, the Director of Workforce Development Department hereby gives Notice of Intended Action to amend Chapter 23, "Employer's Contribution and Charges," and Chapter 24, "Claims and Benefits," Iowa Administrative Code.
These proposed amendments update, clarify and simplify the procedures by which claimants and employers interact with Iowa Workforce Development. The amendments also bring the rules up to date by reflecting changes in technology and efficiencies developed within the agency since the affected rules were adopted. The agency needs to have administrative rules that address these changes.
Any interested person may make written or oral suggestions or comments on the proposed amendments on or before September 19, 2017, by sending them to David J. Steen, Attorney, Iowa Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to david.steen@iwd.iowa.gov.
These amendments do not have any fiscal impact on the State of Iowa.
Waiver provisions do not apply to this rule making.
After analysis and review of this rule making, no impact on jobs has been found.
These amendments are intended to implement Iowa Code chapter 96.
The following amendments are proposed.
Item 1. Amend rule 871—23.69(96), catchwords, as follows:
871—23.69(96) Injunction for nonpayment or failure to report provide required information.
Item 2. Amend subrule 23.69(1) as follows:
23.69(1) In addition or as an alternative to any other remedy provided in Iowa Code chapter 96 and this rule, the department may proceed to enjoin an employer who has refused or failed to pay any contributions, interest, or penalty or who has failed to file any reports or provide any information required by the department.
Item 3. Amend paragraph 23.69(3)"b" as follows:
b. The period(s) for which there are delinquent contributions, interest, and penalty due or for which returns have not been filed required information has not been provided.
Item 4. Amend subrule 23.69(6) as follows:
23.69(6) Upon payment in full of the delinquent contributions, interest, and penalty, and the filing of all delinquent reports wage detail, the department shall have the injunction dissolved.
Item 5. Amend subrule 23.70(1) as follows:
23.70(1) Any nonprofit organization can be considered eligible to reimburse the Iowa unemployment compensation fund in lieu of paying contributions. Any nonprofit organization wishing to be considered as a reimbursable employer shall file as provided under Iowa Code section 96.7 the election to reimburse the fund on Form 68-0463, Election to Make Payments in Lieu of Contributions, with the department for its consideration.
Item 6. Amend subrule 23.70(2), introductory paragraph, as follows:
23.70(2) Election to Make Payments in Lieu of Contributions, Form 68-0463, The election to reimburse must be signed by an authorized official of the nonprofit organization and shall be accompanied by:
Item 7. Amend subrule 23.72(1), introductory paragraph, as follows:
23.72(1) Any governmental entity may elect to be a governmental contributory employer by filing a written application known as "Election to Pay Contributions as a Government Contributory Employer," Form 68-0053, for elective coverage as a governmental contributory employer. The rules governing the selection of coverage status for governmental entities shall apply to Indian tribes. Any governmental entity failing to file such an election will be considered as a governmental reimbursable employer. The Form 68-0053 application must be signed by a duly constituted governmental official. The election shall be approved if the department finds that:
Item 8. Rescind and reserve subparagraph 24.1(25)"b"(20).
Item 9. Rescind subrule 24.1(26) and adopt the following new subrule in lieu thereof:
24.1(26) Claimant.
a. An individual who has filed a request for determination of insured status or a new claim, or
b. An individual who has filed an initial claim unless the claim is found to be invalid or the benefit year has expired.
Item 10. Rescind and reserve subrule 24.1(121).
Item 11. Rescind and reserve subrule 24.1(127).
Item 12. Rescind rule 871—24.39(96) and adopt the following new rule in lieu thereof:
871—24.39(96) Department-approved training. The intent of department-approved training is to allow for claimants to return 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. Vocational training includes technical, skill-based, or job readiness training intended for pursuing a career. Upon approval from the department, the claimant shall be exempt from the work search requirement for continued eligibility for benefits. In order to be eligible for department-approved training programs and to maintain continuing participation therein, the individual shall meet the following requirements:
24.39(1) The claimant must make application to the department setting out the following:
a. The educational establishment at which the claimant would receive training.
b. The estimated time required for such training.
c. The date the training will be complete or the degree will be obtained.
d. The occupation which the training is allowing the claimant to maintain or pursue.
e. The training plan, indicating the requirements which must be met in order to complete the certification or degree.
24.39(2) A claimant may receive unemployment insurance while attending a training course approved by the department, under the following conditions:
a. The educational establishment must be a college, university or technical training institution.
b. The training must be completed 104 weeks or less from the start date.
c. The individual must be enrolled and attending the training program as a full-time student.
While attending the approved training course, the claimant need not be available for work or actively seeking work. After completion of department-approved training, the claimant must, in order to continue to be eligible for unemployment insurance, place no restriction on employability. The claimant must be able to work, be available for work and be actively searching for work. In addition, the claimant may be subject to disqualification for any refusal of work without good cause after the claimant has completed the training.
24.39(3) The claimant must show satisfactory attendance and progress in the training course prior to being considered for a subsequent approval and must demonstrate that such claimant has the necessary finances to complete the training to substantiate the expenditure of unemployment insurance funds.
Item 13. Amend subrule 24.40(3), introductory paragraph, as follows:
24.40(3) The course or courses must be full-time enrollment for a high-demand or high-technology occupation. The department will make available to serve as a guide a list of high-demand, high-technology, and declining occupations. The lists shall be available on the department's Web site and at workforce centers.
Item 14. Amend subrule 24.40(4) as follows:
24.40(4) The individual must be enrolled in the training no later than the end of the benefit year which included the separation which made the individual eligible for training benefits or the week in which any federal benefit program based upon that benefit year is exhausted. Enrolled before the end of the benefit year means the individual has taken all steps available for entry into the training and has secured a reserved position in the training class. The individual has paid tuition or will pay tuition when the training starts. The training class may begin after the end of the benefit year. The application for training benefits must be received 30 days after the end of the benefit year or within 30 days after state or federal benefits are exhausted. The individual must be enrolled and making satisfactory progress to complete the training program in order to continue to be eligible for training extension benefits.
Item 15. Amend subrule 24.40(5) as follows:
24.40(5) Training benefits shall cease to be available if the training is completed; the individual quits the training course; the individual exhausts the training extension maximum benefit amount; or the individual fails to make satisfactory progress; and benefits shall cease no later than one calendar year following the end of the benefit year in which the individual became eligible for the benefits. Individuals must file and receive benefits under any federal or state unemployment insurance benefit program until the claim has expired or has benefits have been exhausted, in order to maintain eligibility for training extension benefits.
This notice is now closed for comments. Collection of comments closed on 9/19/2017.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 8/30/2017.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 871-23.69 Rule 871-23.69(1) Rule 871-23.69(3)"b" Rule 871-23.69(6) Rule 871-23.70(1) Rule 871-23.70(2) Rule 871-23.72(1) Rule 871-24.1(121) Rule 871-24.1(127) Rule 871-24.1(25)"b" Rule 871-24.1(26) Rule 871-24.39 Rule 871-24.40(3) Rule 871-24.40(4) Rule 871-24.40(5)The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 96 Iowa Code 96.7The following keywords and tags were added to this document. You may click a keyword to view related notices.
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