Chapter 02. Claims for Benefits
Regulation .01 Purpose.LinkCopy Citation
This chapter sets out the registration and reporting requirements and procedures for individuals applying for unemployment insurance benefits.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Appointment” means reporting:
(a)
By telephone, at a scheduled date and time, and at the telephone number provided by the claimant to the Secretary; or
(b)
In person at a specific date, time, and place.
(2)
“Basic weekly benefit amount” means the weekly benefit amount for a week of total unemployment excluding any allowance for dependents.
(3)
“Benefits” means benefits pursuant to the Unemployment Insurance Law.
(4)
“Claim” means an application for benefits that is filed with the Secretary, either for the purpose of beginning a claim period, or for the purpose of claiming benefits for a compensable week.
(5)
“Claim notification” means written notification sent to a claimant, by mail or electronic means, that provides instructions to the claimant for the filing of a continued claim or claims.
(6)
“Continued claim” means one of a series of claims filed, for one or more weeks of continuous unemployment, following an initial or a reopened claim.
(7)
“Department” means the Maryland Department of Labor.
(8)
“Dependent” means a claimant's child, stepchild, or legally adopted child who, at the beginning of a claimant's benefit year, is wholly or partially supported by the claimant and is younger than 16 years old.
(9)
“Employment Service” means the Employment Service, an agency within the Department.
(10)
“Initial claim” means an application for benefits filed with the Secretary. The three types of initial claims are as follows:
(a)
“New claim” means the first claim filed requesting a determination of entitlement to and eligibility for compensation. “New claim” includes the first claim for extended or additional benefits, as described in COMAR 09.32.03.
(b)
“Transitional claim” means the first claim filed at the expiration of a benefit year requesting a determination of eligibility and determination of a new benefit year. A transitional claim has an effective date within the 7-day period immediately following the benefit year ending date and a week for which compensation was claimed.
(c)
“Additional claim” means the first claim filed within a benefit year after earning gross wages equal to or in excess of the weekly benefit amount during any given week.
(11)
Office.
(a)
“Office” means an office of the Department.
(b)
“Office” includes a designated call center or electronic address.
(12)
“Register” and “registration” mean that the individual is available for referral to job opportunities, training, and employment development services through the Department. When the filing of a claim permits an individual full use of the Employment Service, that filing constitutes registration.
(13)
“Remuneration” means all compensation for services whether or not the compensation constitutes taxable wages under the Unemployment Insurance Law.
(14)
Reopened Claim.
(a)
“Reopened claim” means the first claim filed after a break in continued claims during a benefit year caused by other than intervening employment, for example, illness, disqualification, unavailability, or failure to report for any reason other than employment.
(b)
“Reopened claim” does not include a claim for extended or additional benefits as described in COMAR 09.32.03.
(15)
“Secretary” means the Secretary of Labor or the Secretary's designee.
(16)
“Unemployment Insurance Law” means Labor and Employment Article, Title 8, Annotated Code of Maryland.
(17)
“Week” means the calendar week beginning at 12:01 a.m. Sunday morning and ending at midnight the following Saturday.
(18)
“Weekly benefit amount” means the weekly benefit amount for a week of total unemployment including any dependents' allowance.
(19)
“Week of total unemployment” means a week during which a claimant performs no work for which wages are payable.
(20)
“Working day” means a day other than Saturday, Sunday, or a State holiday.
C.
Unless the context indicates otherwise, all other terms used in these regulations have the same meanings as provided in the Unemployment Insurance Law.
Regulation .03 Claims for Total Unemployment.LinkCopy Citation
A.
Claims Generally. Except as otherwise provided, to file an initial or reopened claim for benefits, an individual shall report as instructed by the Secretary.
B.
A claimant who earns gross wages in 1 week equal to or more than the claimant's weekly benefit amount may not file subsequent continued claims for total unemployment, but shall file an initial claim in order to claim subsequent benefits.
C.
Initial and Reopened Claims. Except as otherwise provided, the:
(1)
Effective date of an initial or reopened claim is the first day of the week in which an individual reports, registers, and files the initial or reopened claim as instructed by the Secretary;
(2)
Claimant shall file initial or reopened claims in the manner and time frame prescribed by the Secretary;
(3)
Secretary may direct that an initial or reopened claim be filed:
(a)
By telephoning an office designated by the Secretary,
(b)
By electronic means, to a site designated by the Secretary,
(c)
By mailing, by first class mail, required documents to an office designated by the Secretary, or
(d)
In person by reporting to an office designated by the Secretary;
(4)
Eligibility of an individual for benefits may not be determined until the individual provides a valid Social Security number.
D.
Effective Date of Initial and Reopened Claims—Exceptions. The effective date of an initial or reopened claim may be other than as provided in §C of this regulation in the following situations:
(1)
A claim may be backdated when a claimant reports partial earnings for a week before the initial claim, to the Sunday of that week provided the claim is filed not later than:
(a)
30 days immediately following the close of that week, or
(b)
2 weeks after the date the partial wages are paid;
(2)
A transitional claim shall be effective the day following the end of the preceding benefit year;
(3)
Severe weather conditions exist, as declared by the Secretary;
(4)
Clerical error attributable to the Department occurs;
(5)
The office to which the claimant is instructed by the Secretary to report is closed for a reason other than that the day is not a working day;
(6)
A claim may be backdated when the claimant did not file a claim in reasonable reliance on an invalid agreement to waive, release, or commute the claimant's rights to benefits as prohibited by the Unemployment Insurance Law.
E.
Benefit Year.
(1)
Except in the case of a transitional claim, the benefit year for a claimant begins with the Sunday of the first week for which the claimant files a valid new claim for benefits. This benefit year continues for 52 weeks.
(2)
In the case of a transitional claim, the benefit year begins on the day immediately following the expiration date of the previous benefit year.
Regulation .04 Reporting Requirements.LinkCopy Citation
A.
Notification of Reporting Requirements. A claimant shall be notified in writing of the reporting requirements upon the filing of an initial or reopened claim and, if requested to do so, shall acknowledge the notification.
B.
Continued Claims.
(1)
Except as otherwise provided, following an initial or reopened claim, a claimant shall file continued claims in the manner required by the Secretary.
(2)
The Secretary may instruct a claimant to file a continued claim by:
(a)
Telephoning the Department's interactive voice response unit; or
(b)
Electronic means.
(3)
Continued claims shall be filed in the manner required by the Secretary not sooner than the Sunday immediately following the close of the week for which benefits are claimed and within the time allowed under §B(5) of this regulation.
(4)
If appropriate, an open week shall be created for the first week which includes the date on which the initial or reopened claim was filed. Following the first week, the claimant shall file a continued claim on a weekly basis. If appropriate, the next open week to be filed shall be made available to the claimant upon the receipt of the preceding continued claim.
(5)
Timely Filing.
(a)
Continued claims shall be filed and received no later than 5 p.m. on the Friday following the week for which benefits are claimed in order to be timely. Late continued claims shall be considered timely only if the Department's error caused the claimant not to receive the claim forms or the claimant did not file a claim in reasonable reliance on an invalid agreement to waive, release, or commute the claimant's rights to benefits as prohibited by the Unemployment Insurance Law.
(b)
If the Secretary receives an untimely continued claim, the Secretary shall schedule the claimant for an appointment for a fact-finding interview pursuant to §C of this regulation.
(c)
A claimant who fails to file a timely continued claim shall file an initial or reopened claim by telephoning an office designated by the Secretary, by electronic means, or by reporting in person to an office designated by the Secretary to reactivate the claim. Any weeks requested after filing an untimely continued claim but before reactivating the claim shall be denied.
C.
Appointments.
(1)
The Secretary may schedule an appointment for a claimant:
(a)
Whenever there is an indication that the claimant does not meet the requirements of the Unemployment Insurance Law or these regulations; and
(b)
Periodically to monitor the claimant's continuing ability to work, availability for work, and to assist the claimant in the work search process.
(2)
The claimant shall be given notice by mail or electronic means of the time, date, place, and type of the appointment and notified whether the appointment will be by telephone or in person. The notice shall include any issue to be resolved.
(3)
If the claimant is unable to report as instructed for the appointment, the claimant shall complete the form provided and return it to the Secretary before the appointment. The claimant's response shall include the reason the claimant is unable to report as instructed and shall provide any information that should be considered on the issue to be resolved.
(4)
If the claimant fails to report as instructed for the scheduled appointment or the office designated by the Secretary does not receive requested information from the claimant by the time of the appointment, the decision shall be based on information available to the Secretary at the time of the appointment.
(5)
If the claimant fails to report as instructed for any scheduled Department appointment, benefits may be terminated or suspended for that reason alone.
Regulation .04-1 Claimant Reemployment Assistance Services.LinkCopy Citation
A.
The Secretary shall establish criteria for a profiling system to identify claimants who are likely to exhaust unemployment insurance benefits and who will need reemployment assistance services to make a successful transition to new employment.
B.
When the Secretary determines that a claimant is likely to exhaust unemployment insurance benefits and will need reemployment assistance services to make a successful transition to new employment, the Secretary may schedule the claimant for appointments for reemployment assistance services. Reemployment assistance services may include:
(1)
Job search assistance;
(2)
Job placement;
(3)
Counseling;
(4)
Testing;
(5)
Providing occupational and labor market information;
(6)
Evaluations and assessments;
(7)
Workshops;
(8)
Job clubs;
(9)
Referrals to employers; and
(10)
Related services.
C.
Regulation .04C of this chapter applies to the appointments scheduled pursuant to this regulation.
Regulation .05 Separation Notices.LinkCopy Citation
A.
The Secretary shall request on appropriate forms information pertaining to the separation of claimants from employment.
B.
When a claimant files a new claim, the Secretary shall request separation information from the claimant's base period employers and the claimant's other employers from the end of the base period to the filing of the claim. Each employer shall indicate on the separation notice the:
(1)
Reason for the claimant's separation from employment;
(2)
Last day that the claimant worked for that employer;
(3)
Amount and form of any pension pay to which the claimant may be entitled, and whether the claimant contributed to the pension;
(4)
Amount of any holiday pay, vacation pay, severance pay, or special pay paid or payable by the employer;
(5)
Claimant's last weekly or hourly pay rate; and
(6)
Other information that the Secretary may request.
C.
When a claimant files an additional claim for benefits, the Secretary shall request the information set forth in §B of this regulation from the claimant's last employer and any other employer for whom the claimant worked since the claimant last filed for benefits.
D.
An employer shall complete and return the separation notice to the address shown on the notice, or by electronic means, within the time prescribed in the Unemployment Insurance Law.
E.
A separation notice is deemed returned when it is either received by the Department or postmarked by the United States Post Office.
Regulation .06 Claims during Temporary Mass Layoff.LinkCopy Citation
A.
Definition. “Mass layoff” means the layoff from work of 25 or more workers in a single establishment for an expected duration of 7 days or more, at the same time, and for the same reason.
B.
Advance Knowledge. When the employer has advance knowledge of an expected mass layoff, the employer shall file with the Secretary a notice of the layoff 48 hours before the beginning of the layoff. This notice shall substitute for individual separation notices. The notice shall state:
(1)
The date of the layoff;
(2)
The reason for the layoff;
(3)
The names and Social Security numbers of the employees affected, in Social Security number or alphabetical sequence;
(4)
The amount and form of any pension pay to which an employee may be entitled, and whether the employee contributed to the pension;
(5)
The amount of any vacation pay, holiday pay, severance pay, or special pay paid or payable by the employer;
(6)
Any wage continuation as defined in Regulation .13 of this chapter; and
(7)
Each employee's last weekly or hourly pay rate.
C.
No Advance Knowledge. When the employer has no advance knowledge of a mass layoff:
(1)
Immediately upon the beginning of the layoff, the employer shall notify the Secretary of the layoff, the date of the layoff, and the reason for the layoff; and
(2)
Within 48 hours after the beginning of the layoff, the employer shall file with the Secretary the information set forth in §B(3)—(7) of this regulation.
D.
Modified Reporting. When the employer informs the Secretary in writing before the beginning of the mass layoff, the Secretary may adopt a plan modifying reporting requirements for these employees. Under the plan, the Department may distribute applications to the affected employees at offices located in close proximity to the employer or any other location. The Department may take claims directly from the employer on behalf of the employees. These applications, upon completion and return in accordance with the plan, shall constitute the employees' registrations for work and claims for benefits.
Regulation .07 Work Search Exemption.LinkCopy Citation
A.
Ten Week Exemption.
(1)
The Secretary shall exempt only from the “actively seeking work” eligibility condition a claimant who, at the time the claimant files an initial claim, provides a definite return-to-work date to the same employer that is within 10 weeks of the last day of employment, if the:
(a)
Return-to-work date is verified by that employer; and
(b)
Layoff is as a result of vacation, inventory, or any other purpose causing unemployment, except a labor dispute.
(2)
Exemptions under this section may be granted for each period of unemployment of 10 weeks or less in 1 benefit year.
B.
Eleven to Twenty-Six Week Exemption.
(1)
The Secretary may exempt from only the “actively seeking work” eligibility condition a claimant who, at the time the claimant files an initial claim, provides a definite return-to-work date to the same employer that is 11 to 26 weeks from the last day of employment, if the:
(a)
Return-to-work date is verified by that employer;
(b)
Layoff is as a result of any purpose causing unemployment other than vacation, inventory, or labor dispute; and
(c)
Employer and the affected employees jointly request the exemption through a written request that:
(i)
Is submitted 2 weeks before the layoff (which requirement may be waived), and
(ii)
Includes the name and Social Security number of each claimant for whom the request is made.
(2)
The Secretary's determination to grant or deny the exemption under this section shall be based on:
(a)
The reason for the layoff;
(b)
The length of the layoff;
(c)
Local labor market conditions; and
(d)
The employer's earned-rate record for the 3 years preceding the request.
(3)
The Secretary shall grant or deny the request for the exemption within 15 days of receipt of the request.
(4)
An exemption under this section may be granted only once during any 12-month period.
C.
Exemptions granted under this regulation do not apply to any federal or State extended benefit programs.
D.
Work search exemptions granted for participation in approved training are described in COMAR 09.33.01.06.
Regulation .07-1 Qualified Individual with a Disability.LinkCopy Citation
For purposes of determining whether a claimant is able to work under §8-903 of the Unemployment Insurance Law, the term “qualified individual with a disability” as used there has the same meaning as it does under the Americans With Disabilities Act, 42 U.S.C. §12111.
Regulation .07-2 Temporary Help Firm Former Employees.LinkCopy Citation
A.
Applicability. This regulation does not apply to claimants granted work-search exemptions under Regulation .07 of this chapter.
B.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Temporary help firm” means an entity that assigns its own employees to perform services for clients on a nonpermanent basis.
(b)
“First week claimed” means the first week of benefits claimed in an initial claim.
C.
Not Actively Seeking Work.
(1)
Unless the claimant makes the showing required in §C(2) of this regulation, the Secretary shall determine that a claimant does not meet the “actively seeking work” eligibility condition during the first week claimed if:
(a)
The claimant's last employer is a temporary help firm;
(b)
That temporary help firm advised the claimant in writing before the end of the claimant's most recent work assignment that failure to request a new work assignment at the end of the current work assignment could result in a delay or denial of benefits; and
(c)
That temporary help firm submits information, supported by contemporaneous documentation prepared in the ordinary course of business, for example, a telephone log, that the claimant did not request another work assignment after the claimant's most recent assignment ended.
(2)
The claimant may avoid the Secretary's determination in §C(1) of this regulation if the claimant shows that the claimant:
(a)
Did request another assignment; or
(b)
Had good cause for failing to request another assignment.
Regulation .08 Claims during Labor Dispute.LinkCopy Citation
A.
Notice by Employer.
(1)
Immediately upon notice by the union of its intent to strike or the beginning of a labor dispute, the employer shall notify the Secretary of the existence of this dispute.
(2)
Within 48 hours after the beginning of the dispute, the employer shall file with the Secretary a list stating the:
(a)
Name, title, email address, telephone number, and address of the employer's representative;
(b)
Name, title, email address, telephone number, and address of the union's representative;
(c)
Last day of work of the employees who are not working as a result of the alleged labor dispute;
(d)
Names and Social Security numbers of the employees who are participating in the dispute in Social Security number or alphabetical sequence; and
(e)
Names and Social Security numbers of employees, in numerical or alphabetical order, who are not participating in the dispute but who are laid off by the employer as a result of the dispute.
(3)
The list in §A(2) of this regulation shall substitute for individual separation notices for the listed employees.
(4)
When the dispute is over or the employees have returned to work, the employer shall so advise the Secretary.
B.
Filing Claims.
(1)
A claim of a claimant who is not working as a result of an alleged labor dispute is effective the first day of the week in which the claimant reports under the same terms and conditions as set forth for initial and reopened claims in Regulation .03 of this chapter.
(2)
Claims made under this regulation shall be filed as instructed by the Secretary.
C.
Claims Determination — Qualification. Qualification for benefits for claimants not working as a result of an alleged labor dispute shall be determined pursuant to COMAR 09.32.06.06.
D.
Claims Determination — Eligibility. Eligibility for benefits for claimants not working as a result of an alleged labor dispute shall be determined using the same criteria as used in determining eligibility for benefits for any other claimant.
Regulation .09 Claims for Partial Benefits.LinkCopy Citation
A.
Definition. A claimant shall be eligible for partial benefits for any week in which the claimant:
(1)
Performed services for wages;
(2)
Earned less in gross wages than the claimant's weekly benefit amount plus any allowance for a dependent to which the claimant is entitled under the Unemployment Insurance Law; and
(3)
Meets all of the requirements set forth in the Unemployment Insurance Law.
B.
A claimant who earns gross wages in 1 week equal to or more than the claimant's weekly benefit amount may not file subsequent continued claims for partial benefits, but shall file an initial claim in order to claim subsequent benefits.
C.
Reporting Requirements.
(1)
A claimant for partial benefits shall comply with each reporting requirement set forth in Regulation .04 of this chapter.
(2)
A claimant for partial benefits shall report gross wages during the week in which the claimant performed the services for which the wages were earned.
(3)
A claimant for partial benefits shall be able to work, available to work, and actively seeking full-time employment.
(4)
The effective date of a claim for partial benefits is as set forth in Regulation .03D(1) of this chapter.
D.
Self-Employment. A claimant who is self-employed or regularly employed under conditions when the hours of work are not controlled by the employer, or who is paid on a commission basis, shall be eligible for partial benefits:
(1)
When the remuneration is paid;
(2)
If remuneration is less than the claimant's weekly benefit amount; and
(3)
If the claimant is able and available to accept full-time work, and is actively seeking full-time work.
E.
Vacation Pay or Holiday Pay. A claimant shall be considered partially unemployed with respect to any week during which the claimant receives or is eligible to receive vacation pay or holiday pay that is less than the claimant's weekly benefit amount.
F.
Method of Calculation.
(1)
A claimant eligible for partial benefits shall be paid a benefit amount equal to the claimant's weekly benefit amount, less that part of the wages payable to the claimant in excess of the amount provided by the Unemployment Insurance Law.
(2)
The partial benefit amount shall be rounded down to the nearest whole dollar.
(3)
Partial benefits are payable until the maximum benefit amount is exhausted for the claimant's benefit year, provided all of the eligibility requirements of the Unemployment Insurance Law are met.
(4)
A claimant may receive only 26 weeks of dependents' allowance regardless of the number of weeks the claimant receives partial benefits.
Regulation .10 Dependents' Allowance.LinkCopy Citation
A.
Time for Declaring Dependents. A claimant shall declare the claimant's dependents on the date that the claimant files a new or transitional claim for the benefit year. The time for declaration may not be extended, except for good cause.
B.
Verification.
(1)
The claimant shall provide a Social Security number, a copy of the dependent's birth certificate, or other reliable means of proof within 30 days from the week in which the first continued claim in the benefit year is filed.
(2)
A claimant who is otherwise eligible for benefits and who has not yet submitted the required dependents' allowance verification shall be paid benefits in the amount equal to the claimant's weekly benefit amount without the allowance for any unverified dependents. This shall continue until such time as verification is provided. Upon receipt, dependents' allowance shall be paid retroactively.
C.
Dependent of One Claimant Only. Once a child has been determined to be a dependent child of any claimant, as of the first day of the claimant's benefit year, the child cannot be considered to be a dependent of any other claimant whose benefit year starts within 1 year of that year.
D.
Maximum Benefit Amount.
(1)
The total of the claimant's basic weekly benefit amount plus the claimant's dependents' allowance may not exceed the maximum weekly benefit amount.
(2)
When the total of a claimant's basic weekly benefit amount and dependents' allowance exceed the maximum weekly benefit amount, any other claimant who, at that time, is supporting the same dependents may claim the dependents' allowance for the balance of the latter claimant's benefit year.
E.
Partial Earnings. As set forth in Regulation .10F(4) of this chapter, a claimant may receive only 26 weeks of dependents' allowance.
F.
Death of Claimant. The benefit year of a claimant who is receiving dependents' allowance is considered ended if the claimant dies. After that, any other claimant who, at that time, is supporting the same dependents, may claim the dependents' allowance for the balance of the living claimant's benefit year.
Regulation .11 Holiday Pay or Vacation Pay.LinkCopy Citation
A.
Definition. “Holiday pay” or “vacation pay” means the gross amount of holiday pay or vacation pay.
B.
Holiday pay or vacation pay is attributable to:
(1)
The week or weeks designated by the employer or the collective bargaining agreement as the holidays or vacation days; or
(2)
If not as designated in §B(1) of this regulation, the weeks during which it is paid.
C.
Deductible Holiday Pay or Vacation Pay.
(1)
Holiday pay or vacation pay shall be deducted from benefits if the claimant is notified of a definite return-to-work date on or before the date of layoff or separation. The reason for separation is not a determining factor.
(2)
If the employer rescinds or modifies the return-to-work date originally given the claimant and extends the period of unemployment after the claimant files the initial or reopened claim, vacation pay or holiday pay shall be deducted only for the originally specified vacation or holiday period and may not be deducted for any period of additional unemployment resulting from the rescission or modification.
D.
Nondeductible Holiday Pay or Vacation Pay. Holiday pay or vacation pay may not be deducted from unemployment insurance benefits if the holiday pay or vacation pay is paid:
(1)
At the time of or after the claimant is separated from employment, and the claimant is separated from employment for an indefinite period or is permanently separated from employment; or
(2)
By the employer or payable for any period which is outside of the terms of an employment agreement that specifies scheduled vacation or holiday periods or employee discretion in scheduling vacation or holiday periods.
E.
Partial Earnings. Holiday pay or vacation pay that is less than the claimant's weekly benefit amount shall be deducted as partial earnings as set forth in Regulation .10E of this chapter.
F.
Holiday Pay and Vacation Pay Reportable and Taxable. Holiday pay or vacation pay is reportable and taxable for the purpose of the employer's contribution obligations under the Unemployment Insurance Law.
Regulation .12 Severance Pay, Dismissal Pay, or Pay instead of Notice of Termination.LinkCopy Citation
A.
“Severance pay” is the gross amount of severance pay including severance pay that is contingent on the employee signing a release of liability or waiver agreement, dismissal pay, pay instead of notice of termination, wage continuation, or other remuneration paid or payable to the claimant upon separation from employment.
B.
Deducting Severance Pay.
(1)
Severance pay shall be deducted from benefits.
(2)
The Secretary shall allocate severance pay that is paid in a lump sum or in increments to a number of weeks following the date of separation, including the week during which the claimant was separated from employment. The Secretary shall allocate severance pay by:
(a)
Calculating the entire amount of severance pay including any amount of severance pay that may be contingent on the employee signing a release of liability or waiver agreement;
(b)
Calculating the claimant's daily wage by dividing the claimant's last weekly wage by seven;
(c)
Calculating the number of days to which the severance pay applies by dividing the total amount of severance pay by the claimant's daily wage; and
(d)
Applying the severance pay to the days immediately following the claimant's last day of service.
(3)
If severance pay allocated to a particular week is less than the claimant's weekly benefit amount, the claimant shall receive the difference.
C.
Severance Pay Reportable and Taxable. Severance pay is reportable and taxable for the purpose of the employer's contribution obligations under the Unemployment Insurance Law.
Regulation .13 Retirement Payments.LinkCopy Citation
A.
Definitions.
(1)
“Contributory retirement plan” means a plan providing a retirement payment under which an employing unit pays or has paid some, but not all, of the premiums or contributions, and the claimant has paid some, but not all, of the premiums or contributions.
(2)
“Lump-sum retirement payment” means the gross amount of a retirement payment that is paid in one payment. Any retirement payment paid in more than one payment is not a lump-sum retirement payment, even if the installments are paid irregularly.
(3)
“Noncontributory retirement payment” means a plan providing a retirement payment under which an employing unit pays or has paid all premiums or contributions and the claimant pays or has paid none.
(4)
“Periodic retirement payment” means the gross amount of a retirement payment payable on a recurring basis.
B.
Deductible Retirement Payments.
(1)
Retirement payments shall be deducted from benefits if the payments are made under a plan maintained or contributed to by a base period employer.
(2)
Deductible retirement payments include but are not limited to:
(a)
State government pensions;
(b)
Local government pensions;
(c)
Federal Civil Service retirement pensions and annuities;
(d)
Federal Civil Service disability pensions;
(e)
Private employer pensions;
(f)
Military retirement pensions;
(g)
Military disability pensions;
(h)
Railroad retirement annuities;
(i)
Individual Retirement Accounts (IRA) and Keogh Plans, to which the base period employer contributed directly;
(j)
Trust, annuity, or insurance funds, to which the base period employer contributed; and
(k)
Profit-sharing plans established to provide employees with income on retirement.
C.
Nondeductible Retirement Payments. Retirement payments may not be deducted from benefits if the payments derive from:
(1)
Social Security benefits;
(2)
Survivor's or widow's pensions;
(3)
Military service connected disability compensation as defined in 38 U.S.C. §301 et seq. (Veterans' Administration Disability Benefits);
(4)
Temporary disability insurance; or
(5)
Workers' compensation and black lung benefits.
D.
Method of Deduction.
(1)
Verification.
(a)
A claimant shall provide documentary proof of any retirement payment. When the claimant cannot provide the verification, the Secretary shall request verification from the employer.
(b)
When a claimant cannot provide documentary proof of the retirement payment, the claimant's sworn statement shall be accepted subject to employer verification and may not affect payment of claims.
(2)
Calculation. Deductible retirement payments shall be deducted from benefits payable to the claimant as follows:
(a)
100 percent of each noncontributory retirement payment paid by or originating from a base period employer shall be fully deducted from basic weekly benefit amounts payable throughout the claimant's benefit year;
(b)
50 percent of each contributory retirement payment paid by or originating from a base period employer shall be deducted from basic weekly benefit amounts payable throughout the claimant's benefit year;
(c)
A periodic contributory or noncontributory retirement payment prorated by week shall be deducted from the claimant's basic weekly benefit amount beginning with the first week in which the effective date of the retirement payment falls and for which the claimant has filed a continued claim.
(3)
Dependents' Allowance. The deduction of retirement payments from benefits paid does not affect the weekly benefit amount for purposes of calculating the dependents' allowance, except that if no benefit payment is due after the deduction, the dependents' allowance is not payable.
(4)
Duration of Benefit Payments. Benefits reduced as a result of a retirement payment deduction are payable until the maximum benefit amount is exhausted for the claimant's benefit year, provided all of the eligibility requirements of the Unemployment Insurance Law are met.
(5)
Effect on Partial Earnings. If a claimant has partial earnings in any week for which the claimant's weekly benefit amount is to be reduced by a deductible retirement payment amount, the partial benefits are computed first, and the retirement payment is deducted from the remainder, if any.
E.
Lump Sum Retirement Payments.
(1)
Deductible Lump Sum Retirement Payments.
(a)
Except as otherwise provided, a lump sum retirement payment shall be deducted from benefits if the payment is made under a plan maintained or contributed to by a base period employer.
(b)
A deductible lump sum retirement payment shall be deducted from benefits payable to the claimant only if the payment is actually received within the claimant's first benefit year.
(c)
A deductible lump sum retirement payment shall be deducted from benefits payable to the claimant as follows: A lump sum retirement payment shall be allocated by week, beginning with the week the claimant was separated from employment, according to the claimant's last weekly rate of pay.
(d)
The allocation in §E(1)(c) of this regulation extends for as long as the employer maintaining or contributing to the plan is a base period employer.
(e)
Other calculations concerning deductible lump sum retirement payments shall be made pursuant to §D of this regulation.
(2)
Nondeductible Lump Sum Retirement Payments.
(a)
A lump sum retirement payment or lump sum profit-sharing payment may not be deducted from benefits if the:
(i)
Claimant is separated from employment due to layoff or shutdown of the operation;
(ii)
Payment is received after the end of a benefit year in which the contributing employer is a base period employer; or
(iii)
Claimant places the lump sum payment in a qualified retirement plan within 30 days of receipt.
(b)
With regard to §E(2)(a)(iii) of this regulation, the:
(i)
Claimant shall provide documentation to the Secretary that states that the lump sum retirement payment has been placed in a qualified retirement plan, and gives the name of the institution or fund in which the payment was placed;
(ii)
Lump sum retirement payment shall be verified as set forth in §D(1) of this regulation.
Regulation .14 Special Pay.LinkCopy Citation
A.
Definition. “Special pay” means the gross amount of any bonus or other special payment paid or payable to the claimant by the employer that is not holiday pay, vacation pay, severance pay, or pension pay.
B.
Special pay is attributable to the week or weeks designated by the employer or the collective bargaining agreement, or if not so designated, the week or weeks during which the special pay is paid.
C.
Deductible Special Pay. Special pay shall be deducted from benefits for any week to which it is attributable if the claimant performed services during that week.
D.
Nondeductible Special Pay. Special pay may not be deducted from benefits for any week to which it is attributable if the claimant performed no services during that week.
E.
Partial Earnings. The sum of the deductible special pay and earnings for that week that is less than the claimant's weekly benefit amount shall be deducted pursuant to Regulation .10F of this chapter as partial earnings.
F.
Special Pay Reportable and Taxable. Special pay is reportable and taxable for the purpose of the employer's contribution obligations under the Unemployment Insurance Law.
Regulation .15 Monetary Eligibility.LinkCopy Citation
A.
The following payments are considered wages for the purpose of determining a claimant's monetary eligibility for benefits:
(1)
Any wage received for covered employment as defined by the Unemployment Insurance Law;
(2)
Holiday pay;
(3)
Vacation pay; and
(4)
Special pay.
B.
Payments Not Considered Wages.
(1)
The following payments are not considered wages for the purpose of determining a claimant's monetary eligibility for benefits:
(a)
Severance pay, dismissal pay, wage continuation, or pay instead of notice of termination; and
(b)
Pension.
C.
Holiday pay, vacation pay, and special pay shall be considered wages for the purpose of determining a claimant's monetary eligibility at the time the payments are made even if the pay is attributed to a different time for benefit purposes.
Regulation .16 Benefit Payment.LinkCopy Citation
A.
Review of Claim. After an initial, reopened, or continued claim is filed, the Secretary shall review the claim and any separation information received from employers, together with any other available information to determine if the claimant is eligible for benefits for the week or weeks being claimed.
B.
Material Fact. A material fact is a fact that is of consequence to a decision regarding eligibility or disqualification for benefits.
C.
Payment of Benefits When Claimant Found Eligible and Not Disqualified.
(1)
Benefit payments shall be initiated as quickly as administratively feasible when:
(a)
There is no dispute of material fact;
(b)
The Secretary finds the claimant eligible and not disqualified; and
(c)
The Department receives the claimant's complete and correct continued claim.
(2)
Unless a question of continued eligibility arises, payment of benefits shall continue on a biweekly basis following the receipt of the claimant's complete and correct biweekly claim forms.
D.
Fact-Finding Interview When There Is No Dispute of Material Fact. When the Secretary's review of an initial, reopened, or continued claim reveals no dispute of material fact, but the information reviewed indicates that the claimant may be ineligible or disqualified, the Secretary shall schedule the claimant for an appointment for a fact-finding interview pursuant to Regulation .04C of this chapter.
E.
Fact-Finding Proceeding When There Is a Dispute of Material Fact. When the Secretary's review of an initial, reopened, or continued claim reveals a dispute of material fact concerning whether the claimant is eligible or disqualified, the Secretary shall:
(1)
Send a written notice by first-class mail or electronic means to the claimant and any employer who may have knowledge of the disputed facts, stating:
(a)
The date, time, place, and type of the proceeding,
(b)
The issues to be resolved at the proceeding,
(c)
That the proceeding may result in the denial of benefits or may affect the employer's earned-rate record or reimbursement account, and
(d)
That any party shall have the right to be present by telephone or in person as required by the Secretary and may be represented by an attorney or other representative of the party's choosing;
(2)
Conduct a proceeding at which the parties may:
(a)
Be present, by telephone or in person, as required by the Secretary,
(b)
Be represented by an attorney or other representative of the party's choosing,
(c)
Present and rebut evidence and argument relating to the issues,
(d)
Cross-examine any person who participates in person or by telephone at the proceeding and testifies or provides information relating to the issues, and
(e)
Be given the opportunity to examine all evidence relating to that issue that is before the Secretary; and
(3)
Provide a reasonable opportunity to a party to rebut any relevant evidence that the Secretary receives after the proceeding and that may be a basis for a decision.
F.
Decision.
(1)
After conducting an interview or a proceeding as set forth in §D or E of this regulation, the Secretary shall send a written decision to all parties by first-class mail or electronic means that:
(a)
Informs the parties of the right to appeal pursuant to COMAR 09.32.06;
(b)
States the provisions of the Unemployment Insurance Law on which the decision is based;
(c)
Explains the reasons for the determination in sufficient detail to inform the parties why benefits were awarded or denied; and
(d)
Explains what the claimant must do to requalify for benefits or purge the disqualification, if the determination denies benefits.
(2)
Benefit payments shall be initiated as quickly as administratively feasible in accordance with a decision awarding benefits.
G.
Expedited Payment for Benefits Due Claimant.
(1)
The Secretary may expedite payment for benefits due a claimant if the:
(a)
Secretary has found the claimant eligible and not disqualified; and
(b)
Claimant submits to the office designated by the Secretary:
(i)
A complete and correct claim form for benefits due the claimant, and
(ii)
Satisfactory evidence that an immediate financial hardship exists.
(2)
Examples of an immediate financial hardship include:
(a)
Imminent eviction; or
(b)
Utility cut-off notice.
Regulation .17 Requirement for Earning Wages before Second Benefit Year.LinkCopy Citation
A.
If a claimant receives benefits during a benefit year, the claimant may not be entitled to receive benefits in a subsequent benefit year unless the claimant earned wages after the beginning of the first benefit year as a result of performing services in insured work, and the wages are equal to not less than 10 times the claimant's weekly benefit amount.
B.
Special pay, severance pay, vacation pay, holiday pay, or prior earnings paid to a claimant at or after separation from employment do not constitute wages as a result of performing services in insured work.
C.
Remuneration earned by a claimant for performing services in another state in insured work as defined by that state's unemployment insurance law shall be treated the same as remuneration earned for services performed in Maryland in covered employment.
Regulation .18 Week of Disqualification.LinkCopy Citation
If a claimant is disqualified from receiving benefits or found ineligible for benefits under the Unemployment Insurance Law, the first week of disqualification shall be the calendar week in which the act on which the disqualification is based occurred, or the calendar week beginning with the Sunday immediately before the last day of work, whichever is later.
Regulation .19 First Day of Work and Last Day of Work on Midnight Shift.LinkCopy Citation
When a claimant is reemployed and the hours of work on the first shift worked begin before midnight on one day and end after midnight, the claimant's first day of work shall be the day on which the shift ends. When, before a period of unemployment, a claimant last works a shift which begins before midnight on one day and ends after midnight, the claimant's last day of work shall be the day on which the last shift ended.
Chapter annotations
Authority: Labor and Employment Article, §§8-101, 8-305, 8-805, 8-809, 8-902, 8-903, and 8-1004—8-1009, Annotated Code of Maryland
History: Effective date: February 1, 1973
History: Regulation .03H amended effective December 15, 1978 (5:25 Md. R. 1853)
History: Regulation .06 amended effective December 10, 1975 (2:28 Md. R. 1666); December 15, 1978 (5:25 Md. R. 1853); January 31, 1983 (10:2 Md. R. 108) (Transferred from Department of Human Services to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 07.04.02 to 24.02.02)
History: Regulations .01—.13, Reporting and Registration by Claimant for Benefits, repealed and new Regulations .01—.19, Claims for Benefits, adopted effective October 29, 1990 (17:21 Md. R. 2531)
History: Regulation .03D amended effective June 24, 1991 (18:12 Md. R. 1340)
History: Regulation .03E amended effective January 2, 1994 (20:26 Md. R. 2029)
History: Regulation .04B amended effective June 24, 1991 (18:12 Md. R. 1340); June 8, 1992 (19:11 Md. R. 1017)
History: Regulation .04-1 adopted effective October 24, 1994 (21:21 Md. R. 1815)
History: Regulation .07D adopted effective December 21, 1992 (19:25 Md. R. 2208)
History: Regulation .07-1 adopted effective January 2, 1994 (20:26 Md. R. 2029)
History: Regulation .07-2 adopted effective October 1, 1995 (22:12 Md. R. 903)
History: Regulation .09 amended effective January 2, 1994 (20:26 Md. R. 2029)
History: Regulation .14 amended effective January 2, 1994 (20:26 Md. R. 2029)
History: Regulation .14D amended effective October 24, 1994 (21:21 Md. R. 1815)
History: Regulation .15-1 adopted effective June 8, 1992 (19:11 Md. R. 1017)
History: Regulation .15-1B amended effective January 2, 1994 (20:26 Md. R. 2029)
History: Regulation .16G adopted effective October 9, 1995 (22:20 Md. R. 1546)
History: Chapter recodified from COMAR 24.02.02 to COMAR 09.32.02, May 1996
History: Regulation .02B amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .03 amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .04 amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .06 amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .08 amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .09 amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .10C amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .11A, B amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .13 amended effective May 4, 1998 (25:9 Md. R. 679)
History: Regulation .14 amended effective April 24, 2017 (44:8 Md. R. 403)
History: Regulation .14D amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .15-1B amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .16 amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Regulation .18 amended effective December 28, 1998 (25:26 Md. R. 1922)
History: Chapter revised effective April 24, 2017 (44:8 Md. R. 403)
History: Regulation .04 amended effective April 24, 2017 (44:8 Md. R. 404)
History: Regulation .14 amended effective April 24, 2017 (44:8 Md. R. 404)