108.07(5)(bm)2.b.b. Subdivision 1. does not apply if the employer fails to timely and adequately provide any information required by the department under s. 108.04 (2) (d).
108.07(5)(bm)2.c.c. Subdivision 1. does not apply with respect to any benefits paid or reimbursed by the federal government, or any portion thereof, including the portion of any benefits reimbursed by the federal government for reimbursable employers, as defined in s. 108.155 (1) (b).
108.07(5)(bm)2.d.d. In the case of a claim for regular benefits that is a combined wage claim, as defined in s. 108.04 (13) (g) 1. a., subd. 1. applies only with respect to this state’s share of benefits.
108.07(5)(bm)2.e.e. Subdivision 1. does not apply with respect to work-share benefits under s. 108.062 (6).
108.07(5)(bm)2.f.f. Subdivision 1. does not apply to benefits chargeable as provided in sub. (7).
108.07(5)(bm)3.3. Charges for benefits to which subd. 1. applies shall, notwithstanding any other provision of this chapter, be paid or reimbursed as follows:
108.07(5)(bm)3.a.a. For employers subject to the contribution requirements of ss. 108.17 and 108.18, the benefits shall be charged to the fund’s balancing account.
108.07(5)(bm)3.b.b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits shall be paid in the manner provided under par. (am) 1.
108.07(5m)(5m)Whenever benefits are paid to a claimant based in part on employment by a seasonal employer by which the claimant was employed for a period of less than 90 days during the season of the seasonal employer, as determined under s. 108.066 (4), and that season includes any portion of the claimant’s base period, and the claimant has been paid or is treated as having been paid base period wages or other remuneration of $500 or more during his or her base period for services performed for at least one employer other than the seasonal employer which is subject to the unemployment insurance law of any state or the federal government, the department shall charge to the fund’s balancing account the benefits which would otherwise be chargeable to the account of the seasonal employer.
108.07(6)(6)The department may initially charge benefits otherwise chargeable to the administrative account under this section to the fund’s balancing account, and periodically reimburse the charges to the balancing account from the administrative account.
108.07(7)(7)Whenever benefits are chargeable under sub. (1) or (2) based on federal employment, the department shall charge the benefits to the federal government.
108.07 HistoryHistory: 1971 c. 53; 1975 c. 343; 1979 c. 110 s. 60 (11); 1983 a. 17; 1987 a. 38, 255; 1989 a. 77; 1991 a. 89; 1993 a. 373; 1995 a. 118; 1997 a. 39; 2013 a. 36; 2019 a. 185; 2021 a. 4.
108.08108.08Notification.
108.08(1)(1)To receive benefits for any given week of unemployment, a claimant shall give notice to the department with respect to such week of unemployment within such time and in such manner as the department may by rule prescribe.
108.08(2)(2)The department may require from any or each employer notification of the partial or total unemployment of the employer’s employees, within such time, in such form, and in accordance with such rules as the department may prescribe.
108.08 HistoryHistory: 1985 a. 17; 1993 a. 492.
108.08 Cross-referenceCross-reference: See also ch. DWD 129, Wis. adm. code.
108.09108.09Settlement of benefit claims.
108.09(1)(1)Filing. Claims for benefits shall be filed pursuant to department rules. Each employer that is notified of a benefit claim shall promptly inform the department in writing as to any eligibility question in objection to such claim together with the reasons for the objection. The department may also obtain information from the employee concerning the employee’s eligibility, employment or wages.
108.09(2)(2)Computation and determination.
108.09(2)(a)(a) The department shall promptly issue a computation setting forth the employee’s potential benefit rights based on reports filed by an employer or employers under s. 108.205, or on the employee’s statement and any other information then available. The results of the computation, a recomputation, or pertinent portion of either, shall be delivered electronically to, or mailed to the last-known address of, each party. The department may recompute an employee’s potential benefit rights at any time on the basis of subsequent information or to correct a mistake, including an error of law, except that a party’s failure to make specific written objection, received by the department within 14 days after the electronic delivery or mailing, as to a computation or recomputation is a waiver by such party of any objection thereto. Any objections to a computation that are not satisfactorily resolved by recomputation shall be resolved by a determination under par. (b).
108.09(2)(b)(b) The department shall issue determinations whenever necessary to resolve any matters that may bar, suspend, terminate or otherwise affect the employee’s eligibility for benefits or to resolve any liability for penalties under s. 108.04 (11) (bh).
108.09(2)(bm)(bm) In determining whether an individual meets the conditions specified in s. 108.02 (12) (bm) 2. b. or c. or (c) 1., the department shall not consider documents granting operating authority or licenses, or any state or federal laws or federal regulations granting such authority or licenses.
108.09(2)(c)(c) Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination within 2 years of the date of the determination on the basis of subsequent information or to correct a mistake, including an error of law. Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination at any time if the department finds that:
108.09(2)(c)1.1. Fraud or concealment occurred; or
108.09(2)(c)2.2. The benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the department is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.
108.09(2)(d)(d) A copy of each determination shall be delivered electronically to, or mailed to the last-known address of, each party, except that a party’s copy of any determination may be given to such party instead of being electronically delivered or mailed.
108.09(2r)(2r)Hearing request. Any party to a determination may request a hearing as to any matter in that determination if the request is made in accordance with the procedure prescribed by the department and is received by an appeal tribunal or postmarked within 14 days after a copy of the determination was delivered electronically, mailed, or given to the party, whichever first occurs.
108.09(3)(3)Appeal tribunals.