1. (1) Eligibility for Professional Athletes.

   A claimant who has performed services as a professional athlete for substantially all of his or her base period is not eligible for benefits between successive sports seasons or similar periods when the claimant has a reasonable assurance of performing those services in the next sports season or similar period.

2. (2) Substantially All Services Performed in a Base Period.

   A claimant has performed services as a professional athlete for substantially all of his or her base period when the base period wages from that work equal 90 percent or more of the claimant's total base period wages.

3. (3) Definition of Professional Athlete.

   For the purposes of determining eligibility for benefits, a claimant is a professional athlete when he or she is employed as a competitive athlete or works as a specified ancillary employee. Employment as a competitive athlete includes preparing for and participating in competitive sports events. Specified ancillary employees are managers, coaches, and trainers who are employed by professional sports organizations and referees and umpires employed by professional sports leagues or associations.

4. (4) Reasonable Assurance.

   1. (a) The claimant has a reasonable assurance of performing services as a professional athlete during the next sports season or similar period when the claimant has:

      1. (i) a multi-year contract with a professional sports organization, league or association;
      2. (ii) a year-to-year contract and no indication of release;
      3. (iii) no contract but the employer affirms intent to recall;
      4. (iv) no contract but an employer representative confirms that the claimant is being considered for next season; or
      5. (v) no contract but plans to pursue employment as a professional athlete.
   2. (b) The claimant does not have a reasonable assurance if he or she has no contract and has withdrawn from sports as a professional athlete.

KEY: unemployment compensation, employment, employee's rights, employee terminations

Date of Last Change: June 21, 2017

Notice of Continuation: March 22, 2023

Authorizing, and Implemented or Interpreted Law: 35A-4-502(1)(b); 35A-1-104(4); 35A-4-405

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