Definitions Relating to Extended Benefits, How to Apply for Extended Benefits, Diligent Work Search Requirements

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

Rule No.: RULE TITLE
60BBER10-5: Definitions Relating to Extended Benefits
60BBER10-6: How to Apply for Extended Benefits
60BBER10-7: Diligent Work Search Requirements
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: With unemployment currently at 11.5%, over a million Floridians are unemployed. Of these, many have exhausted their regular unemployment benefits. With so many unemployed Floridians deprived of any income, it is vital that the State of Florida enable them to benefit from all available unemployment compensation programs.
The Federal-State Extended Unemployment Compensation Act of 1970 (P.L. 91-373) provides partial federal funding for states to administer an Extended Benefit Program. Under this program, states with extremely high unemployment rates may pay Extended Benefits to persons who exhaust their regular unemployment compensation without becoming reemployed. Over the last year and a half, Congress has addressed the nation’s record unemployment by enacting Public Laws 111-5, 111-118, 111-144, and 111-157, which enabled more states to qualify for such funding and raised the federal funding level to 100% of benefits paid. These laws, however, only did not fund payment of Extended Benefits any weeks of unemployment ending after June 5, 2010.
Fortunately, the Unemployment Compensation Extension Act of 2010 (Public Law 111-205), extends the time period during which an individual may claim and receive Extended Benefits until December 2010. Currently, approximately 22,500 Floridians are receiving Extended Benefits. Approximately 235,000 more Floridians may become eligible for Extended Benefits before the end of November, 2010. In Executive Order 10-170, Governor Charlie Crist directed the Agency to pay Extended Benefits to all unemployed Floridians who are eligible to receive such benefits. It is essential to the welfare and economic security of these Floridians and in the best interest of the State of Florida that these benefits be paid in a timely manner.
In order to determine which individuals are eligible for benefits under the new federal law and provide compensation to them as quickly as possible, it is necessary that the processes set forth in this emergency rule, and the forms incorporated by reference, be implemented immediately, without the delay attendant with regular rulemaking procedures. The Agency is currently pursuing the regular rulemaking process for incorporating these forms and procedures into its current claims rules, found in Chapter 60BB-3, Florida Administrative Code.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The rules under development by the Agency provide the most efficient means of providing unemployment benefits to those individuals that are entitled to them. In adopting these rules, the Agency has acted to ensure that all procedural remedies available to recipients of regular state unemployment compensation will be available to Extended Benefit program applicants under state law. The Agency crafted the proposed rules to comply with the new federal legislation, controlling state law, and existing federal standards.
SUMMARY: The new rules define terms used in connection with the Extended Benefit Program, describe the application process, and notify individuals of the program’s diligent work search requirements.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: John R. Perry, Assistant General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, [phone], fax [phone], email [e-mail]

THE FULL TEXT OF THE EMERGENCY RULE IS:

60BBER10-5 Definitions Relating to Extended Benefits.

For the purposes of extended benefits payable under Section 443.1117, Florida Statutes, and Rules 60BBER10-5 through 60BBER10-7, F.A.C., the following definitions apply:

(1) Good job prospects: An individual has good job prospects if he or she has a definite return to work date within 4 weeks of the eligibility notices referred to in subsection 60BBER10-6(2), F.A.C.

(2) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, Florida Statutes, including benefits payable to federal civilian employees and to ex servicemembers under 5 U.S.C. 8501-8525, other than emergency unemployment compensation, trade readjustment allowance, disaster unemployment assistance, and extended unemployment compensation under Sections 443.1115 and 443.1117, Florida Statutes.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.1115, 443.1117 FS. History–New 9-1-10.

 

60BBER10-6 How to Apply for Extended Benefits.

(1) Initiating a Claim for Extended Benefits. The Agency will mail a Form AWI-UC310EB (07/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, to all individuals who exhaust their available emergency unemployment compensation. This form will advise the recipient that the application for extended benefits may be filed using the form or by applying online at http://www.floridajobs.org. The online application report (AWI UCB-310EB-ONL (Rev. 2/10) Extended Benefit Online Application) is hereby incorporated by reference into this rule. When the individual is eligible for retroactive payment of extended benefits, the Agency will mail the claimant a Form AWI-UC310EBR (Rev 07/10) Information and Initial Claims Form for Retroactive Claims, which is hereby incorporated by reference into this rule. The Form AWI-UC310EB or Form AWI-UC310EBR may be submitted by:

(a) Mailing the completed form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5700, Tallahassee, Florida 32314-5350.

(b) Faxing the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, [phone].

(2) Notice of Determination.

(a) Notice of the Agency’s determination of an individual’s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11 EB (07/10), Monetary Determination/Redetermination for Extended Benefits, which is hereby incorporated by reference into this rule, when the Agency:

1. Determines that the individual is eligible for extended benefits; or

2. Determines that the individual is ineligible for extended benefits because:

a. The individual has available credits remaining on a claim for regular benefits or emergency unemployment compensation; or

b. The individual’s claim for extended benefits was previously made in relation to the wrong regular unemployment claim.

(b) Notice of the Agency’s determination of an individual’s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11-I EB (07/10), Extended Benefits Determination of Eligibility, which is hereby incorporated by reference into this rule, when the individual:

1. Has not exhausted his or her regular benefits or emergency unemployment compensation;

2. Did not exhaust his or her regular benefits or emergency unemployment compensation during his or her eligibility period;

3. Has rights to regular or extended benefits available or is potentially eligible for such benefits under the law of any state (which shall include Puerto Rico, the U.S. Virgin Islands, or the District of Columbia); or

4. Is receiving compensation under the unemployment compensation law of Canada.

(c) Any notice mailed pursuant to this rule will be accompanied by an EB BRI (7/10), Extended Benefits Benefit Rights Information, which is hereby incorporated by reference into this rule.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 9-1-10.

 

60BBER10-7 Diligent Work Search Requirements.

(1) Claim Certification. Every two weeks, an individual determined to be eligible for extended benefits must report his or her work search activities. The individual may satisfy this requirement by reporting online at http://www.floridajobs.org/unemployment/EB/index.html, and clicking on the “Claim Your Weeks” icon. The individual may also file his or her report on a Form AWI UCB-60EB (07/10), Unemployment Compensation Benefit Weekly Claim Certification, or a Form AWI-UCB-60EBR (07/10) Information and Initial Claims Form for Retroactive Claims, in the manner prescribed in paragraphs 60BBER10-6(1)(a) and (b), F.A.C. The Agency mails the Form AWI UCB-60EB and the Form AWI UCB-60EBR to the claimant for this purpose. The online work search reports (AWI UCB-60EB-ONL (Rev. 08/10) Weekly Claim Certifications and AWI UCB-60EB-ONL (S) (Rev. 08/10) Certificaciones para las Reclamaciones Semanales), the Form AWI UCB-60EB and the Form AWI UCB-60EBR are hereby incorporated by reference into this rule.

(2) Work Search Requirements. Except as provided in subsection (3) of this rule, any eligible individual must conduct at least two work search activities on separate days per week.

(3) Good Job Prospects. Individuals who have been determined to have good job prospects, as defined in subsection 60BBER10-5(1), F.A.C.:

(a) Are not required to seek other employment, except as provided by subsection (4) of this rule.

(b) Must list, in the Work Search Record portion of the report required in subsection (1) of this rule, the name and address of the employer to which the individual expects to report to work, and the date such work is expected to begin.

(4) Additional Reporting Requirement for Individuals with Good Job Prospects. If, after four weeks of extended benefits, an individual determined to have good job prospects remains unemployed, the Agency will mail him or her an AWI Form UCB231EB (Rev. 12/09), Unemployment Compensation Extended Benefits (EB) Eligibility Review Questionnaire, which is hereby incorporated by reference into this rule. The individual shall fill out and return this form within ten days of the mailing date, in the manner prescribed in paragraphs 60BBER10-6(1)(a) and (b), F.A.C.

(5) Failure to Comply. Failure to comply with the requirements of this rule will result in the individual’s disqualification from receiving extended benefits until:

(a) Four weeks have passed since the noncompliance; and

(b) The individual has earned wages that equal four times his or her weekly benefit amount.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 9-1-10.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: September 1, 2010