108.142(1)(g)(g) “Eligibility period” of an individual means the period consisting of the weeks in his or her benefit year which begin in a Wisconsin supplemental benefit period and, if the individual’s benefit year ends within that Wisconsin supplemental benefit period, any weeks thereafter which begin in that period.
108.142(1)(h)(h) “Exhaustee” means an individual who, with respect to any week of unemployment in his or her eligibility period:
108.142(1)(h)1.1. Has received, prior to that week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependents’ allowances and benefits payable to federal civilian employees and former military personnel under 5 USC ch. 85, in the individual’s current benefit year that includes that week or is precluded from receiving regular benefits by reason of the law of another state which meets the requirement of section 3304 (a) (7) of the internal revenue code or is precluded from receiving regular benefits by reason of a seasonal limitation in the law of another state. An individual is considered to have received all of the regular benefits that were available to the individual although as a result of a pending appeal under s. 108.09 or 108.10 the individual may subsequently be determined to be entitled to added regular benefits; or
108.142(1)(h)2.2. His or her benefit year having expired in the Wisconsin supplemental benefit period and prior to that week, lacks base period wages on the basis of which he or she could establish a benefit year under s. 108.06; and
108.142(1)(h)3.3. Has no right to unemployment benefits or allowances under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S. secretary of labor, and has not received and is not seeking unemployment benefits under the unemployment insurance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under that law, the individual is an “exhaustee”.
108.142(1)(i)(i) “State law” means the unemployment insurance law of any state, approved by the U.S. secretary of labor under section 3304 of the internal revenue code.
108.142(1m)(1m)Suspension of Wisconsin supplemental benefits. Notwithstanding sub. (1), no Wisconsin supplemental benefits may be paid for any week of unemployment ending after January 27, 2009, during which additional federally funded benefits are payable in this state, unless the governor, by executive order, suspends the application of this subsection to allow payment of Wisconsin supplemental benefits as provided in this section during a period specified in the order. Any such suspension shall be effective at the beginning of the week specified by the governor in the order and may be rescinded by similar order, which shall be effective at the beginning of the week specified by the governor in that order.
108.142(2)(2)Effect of other provisions of this chapter. Except when the result would be inconsistent with the other provisions of this section, the provisions of this chapter which apply to claims for, or the payment of, regular benefits apply to claims for, and the payment of, Wisconsin supplemental benefits.
108.142(3)(3)Weekly Wisconsin supplemental benefit rate. The weekly Wisconsin supplemental benefit rate payable to an individual for a week of total unemployment is an amount equal to the amount determined under s. 108.05 (1).
108.142(4)(4)Duration of Wisconsin supplemental benefits. During a Wisconsin supplemental benefit period, no claimant may receive total benefits based on employment in a base period greater than 34 times the claimant’s weekly benefit rate under s. 108.05 (1) or 40 percent of wages paid or payable to the claimant in his or her base period under s. 108.04 (4) (a), whichever is lower.
108.142(5)(5)Publish indicators. Whenever a Wisconsin supplemental benefit period is to become effective as a result of a Wisconsin “on” indicator under this section, or a Wisconsin supplemental benefit period is to be terminated as a result of a Wisconsin “off” indicator under this section, the secretary of workforce development shall publish it as a class 1 notice under ch. 985.
108.142(6)(6)Charges of benefits. Wisconsin supplemental benefits shall be charged in the same manner as provided for charging of regular benefits under s. 108.16 (2).
108.142 HistoryHistory: 1983 a. 8, 27; 1983 a. 189 s. 329 (28); 1983 a. 384; 1987 a. 38; 1991 a. 39, 189, 269; 1995 a. 27, ss. 3781, 9130 (4); 1997 a. 3, 39; 2001 a. 43; 2009 a. 1.
108.145108.145Disaster unemployment assistance. The department shall administer under s. 108.14 (9m) the distribution of disaster unemployment assistance to workers in this state who are not eligible for benefits whenever such assistance is made available by the president of the United States under 42 USC 5177 (a). In determining eligibility for assistance and the amount of assistance payable to any worker who was totally self-employed during the first 4 of the last 5 most recently completed quarters preceding the date on which the worker claims assistance, the department shall not reduce the assistance otherwise payable to the worker because the worker receives one or more payments under the social security act, 42 USC ch. 7, for the same week that the worker qualifies for such assistance.
108.145 HistoryHistory: 1993 a. 373; 2021 a. 231.
108.15108.15Benefits for public employees.
108.15(1g)(1g)Definition. In this section, “state” includes all state constitutional offices, all branches of state government, all agencies, departments, boards, commissions, councils, committees, and all other parts or subdivisions of state government however organized or designated.
108.15(1r)(1r)Benefit payments. Benefits shall be payable from the fund to any public employee, if unemployed and otherwise eligible, based on employment by any government unit that is an employer covered by this chapter.
108.15(2)(2)Reimbursement financing. The state and every other government unit which is an employer subject to this chapter shall be subject to all its provisions except that, in lieu of contributions under ss. 108.17 and 108.18, it shall reimburse the fund for benefits charged to its account.
108.15(3)(3)Election of contribution financing. Any government unit other than the state may, in lieu of the reimbursement requirement of sub. (2), elect contribution financing under ss. 108.17 and 108.18 as of the beginning of any calendar year, subject to the following requirements:
108.15(3)(a)(a) The government unit shall file a written notice of election with the department before the beginning of that year or within 30 days after the department issues a determination that the government unit is subject to this chapter, whichever is later. An election under this subsection shall remain in effect for not less than 3 calendar years.
108.15(3)(b)(b) A government unit may thereafter terminate its election of contribution financing effective at the end of any calendar year by filing a written notice to that effect with the department before the close of such year.
108.15(3)(c)(c) No election or termination of election of contribution financing is effective if the government unit, at the time of filing notice of such election or termination of election, is delinquent under s. 108.22.
108.15(3)(d)(d) If a government unit elects contribution financing for any calendar year after the first calendar year it becomes newly subject to this chapter, it shall be liable to reimburse the fund for any benefits based on prior employment. If a government unit terminates its election of contribution financing, ss. 108.17 and 108.18 shall apply to employment in the prior calendar year, but after all benefits based on such prior employment have been charged to its contribution account any balance remaining in such account shall be transferred to the fund’s balancing account.
108.15(3)(e)(e) Each time a government unit elects or reelects contribution financing its initial contribution rate shall be 2.5 percent on its payroll for each of the first 3 calendar years in which such election or reelection is in effect. If a government unit terminates its election of contribution financing it may not reelect contribution financing within a period of 3 calendar years thereafter.
108.15(4)(4)Reimbursement accounts for government units.
108.15(4)(a)(a) For each government unit covered by this chapter which is liable for reimbursement to the fund, the fund’s treasurer shall maintain a reimbursement “employer account”, as a subaccount of the fund’s balancing account.
108.15(4)(b)(b) Each government unit’s reimbursement account shall be duly charged with any benefits based on work for such unit, and shall be duly credited with any reimbursement paid by or for it to the fund, and with any benefit overpayment from the account recovered by the department. Whenever the account of a government unit is credited with an overpayment under this paragraph, the department shall, at the close of any month, refund that amount to the government unit upon request, after deducting the amount of any reimbursements to the account of such government unit which have been billed but not paid.
108.15(4)(c)(c) Any government unit may at any time make payments into its reimbursement account in the fund.