Wyo. Code R. 053-0018-2
Effective Date: 09/17/2003 to 02/10/2006
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0018.2.09172003
Section 1. Definitions. Unless the context otherwise requires, terms used in rules, regulations, interpretations, forms, and other official pronouncements issued by the Commission shall have the following meanings:
(a) 'Address of Record' means the address given when the Claimant files his new or additional claim or clearly and unequivocally provides the Division with a change in writing, a change using his Personal Identification Number (PIN), or a change obtained on the record in an appeals examiner's hearing. The employer's address of record shall be the address given when he registers as an employer with the Division or clearly and unequivocally provides the Division with a change in writing. This does not prohibit the Division from sending correspondence or notices to another address for the Claimant or employer if it has reason to believe he may have moved without notifying the Division, but it does not impose a duty on the Division to do so.
(b) 'Backpay' is the payment of wages or compensation for lost wages to an employee or ex-employee for a period of time during which the employer improperly prevented him from performing services. Backpay is considered wages for purposes of W.S. 27-3-102(a)(xv) and (xviii).
(c) 'Calendar quarter' means a period of three consecutive months ending on March 31, June 30, September 30, or December 31.
(d) 'Calendar week' means the calendar week of seven consecutive calendar days, beginning 12:01 a.m. Sunday, and ending 12:00 midnight the following Saturday.
(e) 'Claims'
(i) 'Additional Claim' means a notice of new unemployment filed at the beginning of a second or subsequent series of claims within a benefit year or within a period of eligibility when a break of one week or more occurs in the claim series with intervening employment.
(ii) 'Continued Claim' means a request for unemployment compensation or waiting week credit, for a week of unemployment, during a benefit year. The Sunday of the week claimed shall be considered the effective date of the continued claim.
(iii) 'Initial Claim' means both new and additional claims.
(iv) 'New Claim' means the first claim filed to request a determination of entitlement to and eligibility for compensation. This results in a Division generated document of an appealable monetary determination provided to the Claimant.
(f) 'Claimant' means an individual who files any claim for unemployment insurance benefits.
(g) 'Claim Center' means the central location where all initial unemployment claims and continued claims are processed, by telephone, Internet, mail, or fax.
(h) 'Deputy' means any person so designated by the Division Administrator.
(i) 'Division' means the principal operating unit or units, within Wyoming state government, that administer(s) the Unemployment Compensation Program.
(j) 'Documented,' as used in W.S. 27-3-311(a)(i)(C), means verifiable third-party evidence provided by the Claimant that (s)he is a victim of domestic violence. Such evidence could include court documents (such as orders of protection, restraining orders, stalking orders), hospital or medical records, police reports, or domestic violence center reports.
(k) 'Earnings,' for the purposes of W.S. 27-3-303(c), means payment from an employee-employer relationship for services performed regardless of when actually paid. Services under this paragraph must be performed in an employer-employee relationship but are not required to qualify as employment under W.S. 27-3-104 through 27-3-108.
(l) 'Employment Center' means locations where Claimants may register for work, receive other employment services and receive information on filing for unemployment compensation.
(m) 'Full-time work,' as used in W.S. 27-3-102(a) (xv), means thirty-five or more hours worked in a particular week.
(n) 'Immediate family,' as used in W.S. 27-3-507, means a person who is related and is a spouse, parent, stepparent, parent-in-law, child, stepchild, child-in-law, sibling, half-sibling, step-sibling, sibling-in-law, grandparent, or grandchild.
(o) 'Job attached' means a Claimant meets the requirements of 27-3-306(a)(i)(A) and (B) for not being registered for work and actively seeking work.
(p) 'Liable state' means any state against which an individual files, through another state, a claim for benefits.
(q) 'Most Recent Work' means:
(i) In the case of an employee who was employed in only one job, services performed in a bona fide employer-employee relationship for which the individual earns gross wages equaling or exceeding two times his weekly benefit amount; or works two or more consecutive weeks of full time work.
(ii) In the case of an employee who was employed in two or more bona fide jobs at the same time in any part of the eight (8) weeks preceding the effective date of a new or additional claim, the work from which the separation caused the individual to be unemployed as defined in W.S. 27-3-102(a)(xv).
(r) 'Net Earnings,' for the purposes of W.S. 27-3-313(a)(iv), means all income generated from services performed in self-employment in a week minus all expenses incurred in self-employment for that week.
(s) 'Offset' means the withholding of the overpaid amount against benefits which would otherwise be payable for a compensable week of unemployment.
(t) 'Overpayment' means an improper payment of benefits, from a state or federal unemployment compensation fund, that has been determined recoverable under the requesting state's law, and includes amounts deducted pursuant to law, such as child support and federal taxes.
(u) 'Participating state' means a state which has subscribed to the Interstate Reciprocal Overpayment Recovery Arrangement.
(v) 'Paying state' means the state under whose law a claim for unemployment benefits has been established on the basis of combining wages and unemployment covered in more than one state.
(w) 'Pay period' means that period of time during which the wages due on any pay day were earned.
(x) 'Pay period week' means that period of time during which wages due on any weekly pay period were earned.
(y) 'Recovering state' means the state that has received a request for assistance from the 'requesting state.'
(z) 'Requesting state' means the state that has issued a final determination of overpayment and is requesting another state to assist it in recovering the outstanding balance from the overpaid individual.
(aa) 'Transferring state' means a state in which a combined wage Claimant had covered employment and wages in the base period of a paying state, and which transfers such employment and wages to the paying state for its use in determining the benefit rights of such Claimant under its law.
(bb) 'Wages payable' include wages earned and paid as well as wages earned and unpaid, for services in employment. Wages payable for employment during any 'calendar quarter' or 'quarter' shall be deemed to consist of wages payable for employment occurring in all pay periods ending during that quarter, except as provided by Chapter 9, Section 2 of these regulations.