PURPOSE: This rule implements and sets forth the requirements regarding the mandatory direct deposit of unemployment benefits into claimants’ accounts at financial institutions.

1. (1) The Division of Employment Security has established an electronic funds transfer system to transfer directly to claimant’s accounts in financial institutions benefits payable to them pursuant to Chapter 288, RSMo. This program shall be known as the Unemployment Benefit Direct Deposit Program.

2. (2) Unless the division waives application of this rule, all benefits payable pursuant to

   MATT BLUNT (9/30/03)*

Chapter 288, RSMo shall be transferred by means of electronic funds transfer directly into claimant’s accounts in financial institutions designated by the claimants.

1. (3) Each individual filing an initial claim for a determination of insured worker status shall complete a direct deposit application form authorizing the division to deposit benefit payments into a designated checking or savings account. The direct deposit application form shall be completed and transmitted to the division within ten (10) days after the filing of the initial claim. The completion of a direct deposit application form shall authorize the division to initiate credit entries, and debit entries to correct erroneous credit entries, to the claimant’s designated checking or savings account. On the direct deposit application form the claimant shall provide the following: claimant’s name, claimant’s Social Security number, name of the designated financial institution, type of deposit account, signature, and date. The claimant shall transmit the completed direct deposit application form to the division with a void or canceled check or deposit slip for the designated deposit account. Direct deposit application forms may be obtained by contacting one of the division’s regional claim centers or by downloading the form through the division’s Internet website at http://dolir.mo.gov/es/ ui-benefits/B-6-5-AI.pdf.
2. (4) At any time during the benefit year, a claimant may change the designated checking or savings account by completing and transmitting to the division a new direct deposit application form. Unless the claimant changes the designated checking or savings account by completing a new direct deposit application form, the division shall direct all benefits payable to the claimant during his or her benefit year to the checking or savings account designated by the claimant on the direct deposit application form currently on file with the division. All individuals currently claiming benefits pursuant to Chapter 288, RSMo shall complete a direct deposit application form as directed by the division.

3. (5) The division may waive application of this rule and continue to pay benefits by warrant under any of the following circumstances:

   1. (A) The claimant has a physical or mental disability, as documented by a health care professional, that would impede the claimant’s ability to gain access to electronically deposited funds;
   2. (B) The claimant certifies that his or her religious convictions preclude the use of direct deposits; 8 CSR 10-3
   3. (C) The claimant is precluded from having a checking or savings account because his or her primary residence is too remote to have access to a financial institution;
   4. (D) The claimant’s financial institution submits a written statement to the division confirming the institution’s inability to accept an electronic deposit or withdrawal;
   5. (E) The claimant’s financial institution submits a written statement to the division confirming that the institution charges for an electronic deposit or withdrawal;
   6. (F) The claimant does not have a checking or savings account currently and is unable to establish such an account within the claimant’s geographic area without the payment of a service fee;
   7. (G) The claimant does not have a checking or savings account currently and all financial institutions within the claimant’s geographic area charge a service fee to establish or maintain such an account unless the claimant maintains a minimum balance in the account; or
   8. (H) The division determines that the facts of the particular case warrant a waiver of this rule.
4. (6) Any request for a waiver of this rule shall be in writing, signed by the claimant, and transmitted to the division. The request must set forth in detail why the claimant cannot utilize direct deposit of unemployment benefit payments. The request must also include any required supporting documentation.
5. (7) If the division denies a claimant’s request for a waiver of this rule, the claimant may appeal the denial to the appeals tribunal within thirty (30) calendar days after the denial notice is mailed to the claimant’s last known address.
6. (8) Notwithstanding the provisions of section
7. (2) of this rule, the division may continue to pay benefits by warrant when necessary to comply with federal or state law.

AUTHORITY: sections 288.060 and 288.220, RSMo 2000.* Emergency rule filed April 14, 2003, effective May 1, 2003, expired Oct. 27, 2003. Original rule filed April 14, 2003, effective Oct. 30, 2003. *Original authority: 288.060, RSMo 1951, amended 1957, 1961, 1965, 1984, 1988, 1992, 1993; and 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.