Title 8 . Labor and Workforce Development

Chapter 85 . State Employment Training Program

Section 10. Definitions

8 AAC 85.010. Definitions

When used in the text of this chapter,

(1) "commissioner" means the Commissioner of Labor and Workforce Development;

(2) "division" means the employment security division of the Department of Labor and Workforce Development;

(3) "act" means the Alaska Employment Security Act and amendments thereto;

(4) "director" means the director of the employment security division and employees of the division who act as the director's agents;

(5) "interested party" means

(A) the claimant for unemployment insurance benefits;

(B) an employing unit, if the determination or the appeal relates to a claimant's separation from that employing unit, or the liability of the employing unit for contributions;

(C) the director or any employee of the division designated by the director; and

(D) any other person who, upon written application to the department, is found by the department to have an interest in the determination or in an appeal arising from the determination;

(6) "real property" means land or improvements on it, such as buildings or other inherently permanent structures, including items which are structural components of the buildings or structures; in addition, "real property" includes an interest in real property; the term does not include accessories to the operation of the business, which are not structural components of the building, such as: machinery, printing press, transportation equipment, office equipment, refrigerators, individual air-conditioning units, grocery counters, or furnishings.

(7) "additional claim" means a notice of unemployment filed during a benefit year or other eligibility period after an interruption, with intervening employment, in the filing of continued claims;

(8) "compensable claim" means a continued claim for which a money benefit is payable or has been paid, or for which a credit against an overpayment is allowable or has been allowed;

(9) "continued claim" means a claim for waiting week credit or payment of benefits for a week;

(10) "initial claim" means a new claim, an additional claim, or a reopened claim;

(11) "intrastate claimant" means a claimant filing from within a state against potential benefit amounts held by that state;

(12) "monetary determination" means an initial determination issued to a claimant in the form of a written notice which lists his base period employers and wages and advises him of the benefit amount potentially payable to him. If the claimant is determined monetarily eligible, the monetary determination establishes his benefit year, his weekly benefit amount, amount of dependents allowance, duration, and maximum potential benefit amount;

(13) "new claim" means a notice of unemployment and a request for a monetary determination;

(14) "nonmonetary determination" means a written notice issued to the claimant and other interested parties which advises the parties of the claimant's eligibility with respect to acts or circumstances which are potentially disqualifying under the provisions of AS 23.20.360 - 23.20.387, 23.20.505, and this chapter;

(15) "partially unemployed individual" means an individual who is working less than the individual's customary full-time hours for his or her regular employer and whose wages from that employer during a particular week are less than one and one-third times the individual's weekly benefit amount, excluding the allowance for dependents, plus $50;

(16) "reopened claim" means a notice of unemployment filed during a benefit year or other eligibility period after an interruption, without intervening employment, in the filing of continued claims;

(17) "transient claim" means a continued claim filed by a claimant who is traveling away from the area in which he normally resides and files his claims, and who is temporarily in the area of the employment office which he visits to file a continued claim;

(18) "transitional claim" means a new claim that requests establishment of a new benefit year

(A) with an effective date within seven days following the end of a previous benefit year and following a week for which waiting week credit or benefits were claimed; or

(B) during a continuous series of continued claims for extended benefits following the end of a previous benefit year;

(19) "week" means a period of seven consecutive days beginning at 12:00 a.m. Sunday and ending at 11:59 p.m. the following Saturday;

(20) "discharge" means a separation from work in which the employer takes the action which results in the separation and the worker does not have the choice of remaining in employment;

(21) "excess contribution" is a refund payable to an employer under AS 23.20.225 (a);

(22) "vocational training or retraining course" has the meaning given that term in AS 23.20.520 ; "vocational training or retraining course" includes remedial, basic skills, or literacy training that is a prerequisite to occupational-specific training or necessary for success in work search or general work performance.

History: Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 1/7/78, Register 65; am 12/5/79, Register 72; am 11/7/80, Register 76; am 3/24/85, Register 93; am 4/11/90, Register 114; am 10/11/95, Register 136; am 11/7/2001, Register 160

Authority: AS 23.20.045

AS 23.20.330

AS 23.20.520

Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.