8 AAC 85.075. Monetary determinations

(a) If the wages in the base period of an individual are not paid at least once a calendar month, the wages will be allocated in equal proportion to all weeks during which the services were actually performed.

(b) Extension of the base period of an individual will be made according to the following standards:

(1) An individual will be considered incapable of work during the greater part of his working time in a calendar quarter if he was unable to work for at least seven weeks during the calendar quarter because of an incapacitating illness or injury.

(2) A medical certification, signed by a physician, will be required as evidence of incapacity.

(3) The extension of the base period may not exceed one calendar quarter for each calendar quarter of incapacity, and in no case will the extension exceed the 12-month period immediately before the base period.

(4) The first quarter immediately before the base period will be the first to be included in the extension, with the next preceding quarters included in regular regression for each quarter of incapacity. However, if the individual was incapacitated for the greater part of a quarter to be included in the extension, that quarter will be omitted and the next preceding quarter used if this action will benefit the individual. A quarter may not be omitted for any other reason.

(5) Wages earned in a quarter included in the extension of the base period will be added to any wages earned in the corresponding quarter of incapacity in the regular base period.

(6) To compute the reduction in maximum benefits payable under the current determination as a result of the reuse of wages on which benefits were paid under an earlier determination, the following method will be used:

(A) divide the amount of wages reused in the current determination by the total amount of base period wages used in the earlier determination;

(B) multiply the quotient determined under (A) of this paragraph by the amount of benefits paid on the earlier determination; and

(C) subtract the dollar amount, ignoring cents, determined under (B) of this paragraph from the maximum benefits payable under the current determination.

(d) The following standards will be used to determine the allowance for dependents payable to an individual:

(1) Repealed 4/28/95;

(2) Repealed 4/11/90;

(3) Repealed 4/28/95;

(4) An additional allowance for a dependent acquired by birth or adoption during the benefit year will be paid beginning with the week in which an individual claims the additional dependent, if the total allowance for dependents does not exceed $72 for each week of unemployment;

(5) If an individual claims a dependent who is not lawfully in the individual's physical custody, the director may require the individual to provide a notarized statement from the custodial parent or legal guardian or other evidence that clearly demonstrates that the individual claiming the allowance provides or, for the 12 months before the request for the dependent's allowance or since the loss of custody, whichever is less, has provided more than 50 percent of the support of that dependent;

(6) A child is "lawfully in an individual's physical custody" if

(A) the child is residing with the individual when the claim for the dependent's allowance is filed; and

(B) the individual has either sole or joint legal custody of the child;

(7) As used in AS 23.20.350 (g)(1), "legal ward" means a dependent who has been placed in the custody of an individual by court order.

(e) A claimant's monetary determination will be redetermined under the following conditions:

(1) a redetermination will be made upon a claimant protest if the protest is made within 30 days from the date the monetary determination was mailed or otherwise delivered to the claimant, except that this period may be extended upon a showing that the protest was delayed as a result of circumstances beyond the claimant's control;

(2) a redetermination will be made upon a protest filed after the period determined in (1) of this subsection only if the protest is made within one year from the date of the initial determination and concerns a possible error in computation or identity, including omission of dependents allowance that has been properly and timely claimed, a possible omission of wages or other pertinent facts, misrepresentation or nondisclosure of a material fact, misapplication of law by the division, or the addition of an allowance for a dependent acquired by birth or adoption during the benefit year;

(3) a notice of redetermination will be promptly issued after investigation of all pertinent facts and will either affirm or amend the original determination on the basis of those facts;

(4) if the protest is taken from a previous redetermination that was the result of a claimant protest, or is taken from an original determination for which a redetermination may not be issued under (1) or (2) of this subsection, the protest will be considered an appeal to a referee; if the protest is taken from a previous redetermination that was the result of department action, other than a claimant protest, the request will be considered a protest that will result in a redetermination as provided in (3) of this subsection.

(f) A claimant's monetary determination, and the benefit year established by that determination, will be cancelled at the claimant's request only if:

(1) within the benefit year, the request for cancellation is made in writing, or is made by telephone to the division;

(2) the claimant repays to the division all benefits that have been paid under the determination and that cannot be charged against a new eligible benefit year; and

(3) the claimant has terminated any voluntary quit, discharge for misconduct, or refusal of work disqualification by returning to work under the conditions described in AS 23.20.379 (d) and 8 AAC 85.095(a) .

(g) Regular benefits determined under AS 23.20.340 - 23.20.350 are not payable for a week of unemployment beginning after the end of the benefit year.

History: Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 3/24/85, Register 93; am 4/11/90, Register 114; am 4/28/95, Register 134; am 10/12/97, Register 144; am 11/7/2001, Register 160

Authority: AS 23.20.045

Editor's note: Effective 3/24/85, Register 93, the substance of 8 AAC 85.075(c) was rewritten and transferred to 8 AAC 85.255. The history note of 8 AAC 85.255 does not include the history of this repealed subsection.

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