1. (1) The formulas for determining the WBA and the MBA are found in Section 35A-4-401. For purposes of calculating WBA and MBA and for all other relevant purposes, "total insured workers" is defined as the sum of the monthly total of reported insured workers during the calendar year or fiscal year, as applicable.
2. (2) The wages used to determine the WBA and the MBA are limited to wages reported to the Department by base period employers and verifiable wages paid by additional base period employers reported by the claimant in the initial claim. If an employer does not report wages and the claimant verifies wages from that employer, those wages may be included.

3. (3) The Department will send the claimant a "Notice of Monetary Determination."

   1. (a) The notice will inform the claimant of:

      1. (i) the WBA, MBA, and the wages used to determine the claimant's monetary eligibility; and
      2. (ii) the claimant's right to appeal the monetary determination.
   2. (b) The claimant must notify the Department of any errors in the monetary determination.
   3. (c) The time limit for notifying the Department of any errors or for appealing a monetary determination is the same as filing an appeal from an initial Department determination and is governed by Sections R994-508-102 through R994-508-104.
4. (4) The monetary determination is based on the wages actually paid during the base period regardless of when the work was performed.

5. (5) To be monetarily eligible, a claimant must:

   1. (a) have earned base period wages of 1-1/2 times the high quarter wages; and
   2. (b) meet a minimum dollar amount as established by the monetary base period wage requirement defined in Section 35A-4-201.

6. (6) For any claimant who is not monetarily eligible under the 1-1/2 times requirement in Subsection R994-401-201(5), the claimant will be eligible if:

   1. (a) the claimant's benefit year is effective on or before January 1, 2011;
   2. (b) the claimant meets the monetary base period wage requirement; and

   3. (c) the claimant had earnings of at least 5% of the monetary base period wage requirement, in each of at least 20 weeks in insured work during the base period.

      1. (i) The earnings must be for work performed during each of the 20 weeks, all of which must fall within the base period, regardless of when the claimant received payment for the work.
      2. (ii) The requirement that the claimant show work and earnings in 20 weeks is only met if the claimant has "wages paid," as defined in Section R994-401-202.
      3. (iii) The dollar amount for each of the 20 weeks required to establish eligibility under Subsection R994-401-201(6)(c) will be determined by the monetary base period wage requirement for insured work in effect for the calendar year in which the initial claim is filed even if any week occurred in a different calendar year.

      4. (iv) It is the claimant's responsibility to show 20 weeks of covered employment which meet the minimum dollar amount. Acceptable proof of covered employment includes:

         1. (A) appropriately dated check stubs issued by the employer;
         2. (B) a written statement from the employer showing dates of employment and the amount of earnings for each week;
         3. (C) time cards;
         4. (D) canceled payroll checks; or
         5. (E) personal or business records kept in the normal course of employment that would substantiate work and earnings.

7. (7) An employer's potential liability is based on its proportion of the claimant's base period wages.

   1. (a) Employers will be informed of the:

      1. (i) wages used in determining a claimant's monetary entitlement;
      2. (ii) employer's potential liability for benefits costs; and
      3. (iii) right to and time limitation for requesting relief of charges or a correction to wages.
   2. (b) A contributory employer will be issued a notice of benefit costs each quarter and may report any errors or omissions to the Department. The quarterly notices will give the employer 30 days to advise the Department of any corrections, as provided in Subsection 35A-4-306(3).
8. (10) A party failing to file a timely appeal or protest may lose its right to have the monetary determination corrected. An untimely appeal or protest may be considered if the party had good cause, as defined in Section R994-508-104.

9. (11) In its discretion, the Department may revise the monetary determination after the expiration of the appeal period if:

   1. (a) there has been a mistake as to the facts; or

   2. (b) the revision would be:

      1. (i) substantial; and
      2. (ii) required by fairness for a party who did not have access to the information and therefore could not have reasonably filed a timely appeal.

KEY: unemployment compensation, benefits

Date of Last Change: April 21, 2022

Notice of Continuation: June 9, 2022

Authorizing, and Implemented or Interpreted Law: 35A-4-401(1); 35A-4-401(2); 35A-4-401(3); 35A-4-401(6)