288.060. Benefits, how paid--wage credits--benefits due decedent--benefit warrants canceled, when--electronic funds transfer system, allowed--remote claims filing procedures required, contents, duties - Missouri Statutes

Benefits, how paid--wage credits--benefits due decedent--benefitwarrants canceled, when--electronic funds transfer system,allowed--remote claims filing procedures required, contents,duties.

288.060. 1. All benefits shall be paid through employment offices inaccordance with such regulations as the division may prescribe.

2. Each eligible insured worker who is totally unemployed in any weekshall be paid for such week a sum equal to his or her weekly benefitamount.

3. Each eligible insured worker who is partially unemployed in anyweek shall be paid for such week a partial benefit. Such partial benefitshall be an amount equal to the difference between his or her weeklybenefit amount and that part of his or her wages for such week in excess oftwenty dollars, and, if such partial benefit amount is not a multiple ofone dollar, such amount shall be reduced to the nearest lower full dollaramount. For calendar year 2007 and each year thereafter, such partialbenefit shall be an amount equal to the difference between his or herweekly benefit amount and that part of his or her wages for such week inexcess of twenty dollars or twenty percent of his or her weekly benefitamount, whichever is greater, and, if such partial benefit amount is not amultiple of one dollar, such amount shall be reduced to the nearest lowerfull dollar amount. Termination pay, severance pay or pay received by aneligible insured worker who is a member of the organized militia fortraining or duty authorized by Section 502(a)(1) of Title 32, United StatesCode, shall not be considered wages for the purpose of this subsection.

4. The division shall compute the wage credits for each individual bycrediting him or her with the wages paid to him or her for insured workduring each quarter of his or her base period or twenty-six times his orher weekly benefit amount, whichever is the lesser. In addition, if aclaimant receives wages in the form of termination pay or severance pay andsuch payment appears in a base period established by the filing of aninitial claim, the claimant may, at his or her option, choose to have suchpayment included in the calendar quarter in which it was paid or choose tohave it prorated equally among the quarters comprising the base period ofthe claim. The maximum total amount of benefits payable to any insuredworker during any benefit year shall not exceed twenty-six times his or herweekly benefit amount, or thirty-three and one-third percent of his or herwage credits, whichever is the lesser. For the purpose of this section,wages shall be counted as wage credits for any benefit year, only if suchbenefit year begins subsequent to the date on which the employing unit bywhom such wages were paid has become an employer. The wage credits of anindividual earned during the period commencing with the end of a prior baseperiod and ending on the date on which he or she filed an allowed initialclaim shall not be available for benefit purposes in a subsequent benefityear unless, in addition thereto, such individual has subsequently earnedeither wages for insured work in an amount equal to at least five times hisor her current weekly benefit amount or wages in an amount equal to atleast ten times his or her current weekly benefit amount.

5. In the event that benefits are due a deceased person and nopetition has been filed for the probate of the will or for theadministration of the estate of such person within thirty days after his orher death, the division may by regulation provide for the payment of suchbenefits to such person or persons as the division finds entitled theretoand every such payment shall be a valid payment to the same extent as ifmade to the legal representatives of the deceased.

6. The division is authorized to cancel any benefit warrant remainingoutstanding and unpaid one year after the date of its issuance and thereshall be no liability for the payment of any such benefit warrantthereafter.

7. The division may establish an electronic funds transfer system totransfer directly to claimants' accounts in financial institutions benefitspayable to them pursuant to this chapter. To receive benefits byelectronic funds transfer, a claimant shall satisfactorily complete adirect deposit application form authorizing the division to deposit benefitpayments into a designated checking or savings account. Any electronicfunds transfer system created pursuant to this subsection shall beadministered in accordance with regulations prescribed by the division.

8. The division may issue a benefit warrant covering more than oneweek of benefits.

9. Prior to January 1, 2005, the division shall institute proceduresincluding, but not limited to, name, date of birth, and Social Securityverification matches for remote claims filing via the use of telephone orthe Internet in accordance with such regulations as the division shallprescribe. At a minimum, the division shall verify the Social Securitynumber and date of birth when an individual claimant initially files forunemployment insurance benefits. If verification information does notmatch what is on file in division databases to what the individual isstating, the division shall require the claimant to submit adivision-approved form requesting an affidavit of eligibility prior to thepayment of additional future benefits. The division of employment securityshall cross-check unemployment compensation applicants and recipients withSocial Security Administration data maintained by the federal government atleast weekly. The division of employment security shall cross-check atleast monthly unemployment compensation applicants and recipients withdepartment of revenue drivers license databases.

(L. 1951 p. 564, A.L. 1957 p. 531, A.L. 1961 p. 430, A.L. 1965 p. 420, A.L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1992 S.B. 626, A.L. 1993 H.B. 502, A.L. 2004 H.B. 1268 & 1211, A.L. 2006 H.B. 1456)

Effective 10-01-06