60BB-3.0252. Eligibility for Emergency Unemployment Compensation (Transferred)

(1) Eligibility Conditions. Emergency Unemployment Compensation is available to individuals who:

(a) Have exhausted all rights to regular unemployment compensation on a Florida claim with a benefit year that ended on or after May 1, 2007;

(b) Have no rights to unemployment compensation under any other state or federal law;

(c) Are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and

(d) Are legally authorized to work in the United States.

(2) Exhaustion of Benefits. For purposes of this rule, an individual has exhausted all rights to regular unemployment compensation when that individual:

(a) Has received all regular unemployment compensation available on the qualifying benefit year; or

(b) Had rights to regular unemployment compensation on the qualifying benefit year, but has insufficient wage credits to establish a new benefit year for regular unemployment compensation.

(3) Exception to Exhaustion Requirement.

(a) Notwithstanding paragraph (1)(a) of this rule, the expiration of a qualifying benefit year during which the individual has earned sufficient wage credits to establish monetary eligibility for a new benefit year will not render the individual ineligible for emergency unemployment compensation if:

1. The individual has established entitlement to emergency unemployment compensation with respect to that qualifying benefit year;

2. The individual’s qualifying benefit year expired on or after July 23, 2010;

3. The individual has remaining entitlement to emergency unemployment compensation benefits with respect to that benefit year; and

4. The weekly benefit amount established under the new benefit year is at least either 25% or $100 less than the weekly benefit amount for the qualifying benefit year.

(b) If the criteria set forth in paragraph (3)(a) of this rule are satisfied, the Agency shall establish a new benefit year for the individual, but shall defer payment of regular unemployment compensation for the new benefit year until all emergency unemployment compensation payable to the individual has been exhausted.

(c) If the Agency receives information indicating that an individual who qualifies for an exception to the exhaustion requirement under paragraph (3)(a) of this rule has earned income in another state or in other states which would render the individual monetarily eligible for a claim for regular unemployment compensation in that state, the Agency will mail the individual a Form AWI-UCB11-S EUC/CWC (09/10), Notice of Eligibility for Regular Benefits, which will instruct the claimant to notify the appropriate agency in the other state regarding a claim for benefits in that state. The Form AWI-UCB11-I EUC/CWC is hereby incorporated by reference into this rule.

(d) The Agency will lift the suspension if the individual files a claim for benefits with the other state as directed on the Form AWI-UCB11-I EUC/CWC, and

1. The other state communicates to the Agency that it has determined that the weekly benefit amount for a claim for regular unemployment compensation in that state is at least either 25% or $100 less than the weekly benefit amount under the individual’s EUC claim in Florida; or

2. After twenty eight days have elapsed since the mailing date on the Form AWI-UCB11-I EUC/CWC, the other state has not communicated to the Agency its determination regarding the individual’s entitlement to regular unemployment compensation in that state.

(e) If the Agency lifts the suspension of the Florida EUC benefits, it will resume paying such benefits to the individual and will also pay the individual benefits for any weeks to which the individual is otherwise entitled that occur during the period of suspension.

(f) If the other state determines that the weekly benefit amount for a claim for regular unemployment compensation in that state is greater than either 25% or $100 less than the weekly benefit amount under the individual’s EUC claim in Florida, the Agency will cease paying on the EUC claim. If, at the time the regular unemployment compensation claim in the other state is exhausted, the individual is still entitled to EUC benefits, the Agency will resume payment of EUC benefits.

(4) Amount Payable.

(a) The amount of emergency unemployment compensation payable to an individual for any week of total unemployment will be equal to the amount of regular unemployment compensation payable during the individual’s qualifying benefit year for a week of total unemployment.

(b) The maximum amount of emergency unemployment compensation payable to any individual will not exceed the amount established for such individual in the emergency unemployment compensation account described in Rule 60BB-3.0253, F.A.C.

(5) Applicable Law. The terms and conditions of the law under which the individual claimed and received regular unemployment compensation will apply to claims for and payment of emergency unemployment compensation.

(6) Overpayments. An individual who receives emergency unemployment compensation to which he is not entitled will repay any such overpayment to the Agency for Workforce Innovation. The requirement to repay the overpayment will not be waived.

(a) The Agency may recoup any such overpayments by deducting 50 percent of the weekly benefit amount from any future payments until the overpayment is repaid in full.

(b) Recoupment of overpayments from future benefits may occur at any time during the 3-year period after the date the individual received the payment of the emergency unemployment compensation to which he was not entitled.

(c) No waiver of such recoupment may occur except as permitted by Section 443.151(6)(c), F.S.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.111, 443.151(6), 443.221(3) FS. History–New 8-11-10, Amended 12-19-10.