Ariz. Admin. Code § 6-3-1811

Current through Register Vol. 30, No. 44, November 1, 2024

Section R6-3-1811 - Redetermination of Benefits

A. When a statutory revision of the Arizona Employment Security Law requires UI benefits (awards and unpaid balances) to be redetermined for claims with a benefit year current as of the effective date of the revision (law revision date) and requires payments for weeks beginning on or after the law revision date to be paid at the redetermined rate, the redetermination and related actions shall be made as stated below.

B. The claimant's benefits shall be redetermined as follows:

1. The weekly benefit amount payable for weeks beginning on or after the law revision date shall be recomputed in accordance with A.R.S. § 23-779.

2. A maximum benefit amount (MBA) shall be computed in accordance with A.R.S. § 23-780, using the new weekly amount in the recomputation. This MBA shall be utilized to redetermine the balance payable indicated in paragraph (3) below.

3. When the old balance payable is equal to the old MBA, the new balance shall be equal to the recomputed MBA. When the old balance is less than the old MBA (payments, statutory deductions, etc. were made prior to the redetermination), the new balance shall be redetermined by dividing the new MBA by the old MBA and multiplying that result by the old balance. The computed amount shall then be rounded to the nearest dollar with 50¢ being rounded to the next higher dollar.

4. A redetermination notice shall be issued to a claimant only if the recomputed weekly benefit amount is greater than the old weekly amount.

C. After the law revision date, benefit payments and other transactions for periods prior to the law revision date shall be computed using the old weekly benefit amount in the computation. The new balance payable of many claims will have been increased as indicated in (B)(3) above; therefore, the balance shall be adjusted by the transaction amount after it is adjusted by a computation similar to that in (B)(3). This will insure claimants having delayed claims transactions will be treated as equals to claimants whose transactions were processed before the law revision date.

D. Claimants are entitled to file a protest when they believe the results of the redetermination of benefits to be incorrect. The Department shall check the redetermination results by manually recomputing the claimant's benefits as indicated in (B) above. A corrected Wage Statement shall be issued if the original redetermination is found to be incorrect. If the redetermination is found to be correct, a written appealable decision shall be issued.

Ariz. Admin. Code § R6-3-1811

Adopted effective June 3, 1975 (Supp. 75-1). Amended effective December 17, 1975 (Supp. 75-2). Repealed effective May 3, 1978 (Supp. 78-3). Adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective October 30, 1979 (Supp. 79-5).