Ariz. Admin. Code § R6-3-1811 - Redetermination of Benefits
A.
When a statutory revision of the Arizona Employment Security Law requires UI
benefits (awards and unpaid balances) to be redetermined for claims with a
benefit year current as of the effective date of the revision (law revision
date) and requires payments for weeks beginning on or after the law revision
date to be paid at the redetermined rate, the redetermination and related
actions shall be made as stated below.
B. The claimant's benefits shall be
redetermined as follows:
1. The weekly
benefit amount payable for weeks beginning on or after the law revision date
shall be recomputed in accordance with A.R.S. §
23-779.
2. A maximum benefit amount (MBA) shall be
computed in accordance with A.R.S. §
23-780,
using the new weekly amount in the recomputation. This MBA shall be utilized to
redetermine the balance payable indicated in paragraph (3) below.
3. When the old balance payable is equal to
the old MBA, the new balance shall be equal to the recomputed MBA. When the old
balance is less than the old MBA (payments, statutory deductions, etc. were
made prior to the redetermination), the new balance shall be redetermined by
dividing the new MBA by the old MBA and multiplying that result by the old
balance. The computed amount shall then be rounded to the nearest dollar with
50¢ being rounded to the next higher dollar.
4. A redetermination notice shall be issued
to a claimant only if the recomputed weekly benefit amount is greater than the
old weekly amount.
C.
After the law revision date, benefit payments and other transactions for
periods prior to the law revision date shall be computed using the old weekly
benefit amount in the computation. The new balance payable of many claims will
have been increased as indicated in (B)(3) above; therefore, the balance shall
be adjusted by the transaction amount after it is adjusted by a computation
similar to that in (B)(3). This will insure claimants having delayed claims
transactions will be treated as equals to claimants whose transactions were
processed before the law revision date.
D. Claimants are entitled to file a protest
when they believe the results of the redetermination of benefits to be
incorrect. The Department shall check the redetermination results by manually
recomputing the claimant's benefits as indicated in (B) above. A corrected Wage
Statement shall be issued if the original redetermination is found to be
incorrect. If the redetermination is found to be correct, a written appealable
decision shall be issued.
Notes
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