Title 35A Utah Workforce Services Code
Chapter 4 Employment Security Act
Section 401 Benefits -- Weekly benefit amount -- Computation of benefits -- Department to prescribe rules -- Notification of benefits -- Bonuses.
35A-4-401. Benefits -- Weekly benefit amount -- Computation of benefits --
Department to prescribe rules -- Notification of benefits -- Bonuses.
(1) (a) Benefits are payable from the fund to an individual who is or becomes
unemployed and eligible for benefits.
(b) All benefits shall be paid through the employment offices or other agencies
designated by the division in accordance with rules the department may prescribe in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) An individual's "weekly benefit amount" is an amount equal to 1/26th,
disregarding any fraction of $1, of the individual's total wages for insured work paid during that
quarter of the base period in which the total wages were highest.
(b) The weekly benefit amount may not exceed the amount determined as follows:
(i) With respect to an individual whose benefit year commences on or after January 1,
2001, 65% of the "insured average fiscal year weekly wage" during the preceding fiscal year, e.g.,
fiscal year 2000 for individuals establishing benefit years in 2001, disregarding any fraction of
$1, constitutes the maximum "weekly benefit amount" payable.
(ii) With respect to an individual who files a claim for benefits on or after July 4, 2004,
62.5% of the insured average fiscal year weekly wage during the preceding fiscal year,
disregarding any fraction of $1, constitutes the maximum weekly benefit amount payable.
(c) (i) Except as otherwise provided in Subsection (2)(c)(ii), the "weekly benefit amount"
of an individual who is receiving, or who is eligible to receive, based upon the individual's
previous employment, a pension, which includes a governmental, social security, or other
pension, retirement or disability retirement pay, under a plan maintained or contributed to by a
base-period employer is the "weekly benefit amount" which is computed under this section less
100% of the retirement benefits, that are attributable to a week, disregarding any fraction of $1.
(ii) With respect to an individual whose benefit year begins after July 1, 2004, and ends
on or before July 1, 2011, the "weekly benefit amount" of that individual, who is receiving or
who is eligible to receive Social Security benefits based upon the individual's previous
employment, is the "weekly benefit amount" which is computed under this section less 50% of
the individual's Social Security benefits that are attributable to the week, but not below zero.
(d) (i) (A) The weekly benefit amount and the potential benefits payable to an individual
who, subsequent to the commencement of the individual's benefit year, becomes or is determined
to be eligible to receive retirement benefits or increased retirement benefits, shall be recomputed
effective with the first calendar week during the individual's benefit year with respect to which
the individual is eligible to receive retirement benefits or increased retirement benefits.
(B) The new weekly benefit amount shall be determined under this Subsection (2).
(ii) As recomputed the total benefits potentially payable, commencing with the effective
date of the recomputation, shall be equal to the recomputed weekly benefit amount times the
quotient obtained by dividing the potential benefits unpaid prior to the recomputation by the
initial weekly benefit amount, disregarding fractions.
(3) (a) An eligible individual who is unemployed in any week shall be paid with respect
to that week a benefit in an amount equal to the individual's weekly benefit amount less that part
of the individual's wage payable to the individual with respect to that week that is in excess of
30% of the individual's weekly benefit amount.
(b) The resulting benefit payable shall disregard any fraction of $1.
(c) For the purpose of this Subsection (3) "wages" does not include a grant paid to the
individual as public assistance.
(4) (a) An otherwise eligible individual is entitled during a benefit year to a total amount
of benefits determined by multiplying the individual's weekly benefit amount times the
individual's potential duration.
(b) To determine an individual's potential duration, the individual's total wages for
insured work paid during the base period is multiplied by 27%, disregarding any fraction of $1,
and divided by the individual's weekly benefit amount, disregarding any fraction, but not less
than 10 nor more than 26.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department may by rule prescribe:
(i) that the existence of unemployment, eligibility for benefits, and the amount of
benefits payable shall be determined in the case of an otherwise eligible individual who, within a
week or other period of unemployment, is separated from or secures work on a regular
attachment basis for that portion of the week or other period of unemployment occurring before
or after separation from or securing of work; and
(ii) in the case of an individual working on a regular attachment basis, eligibility for
benefits and the amount of benefits payable for periods of unemployment longer than a week.
(b) The rules made shall be reasonably calculated to secure general results substantially
similar to those provided by this chapter with respect to weeks of unemployment.
(6) The division shall, in all cases involving actual or potential disqualifying issues and
prior to the payment of benefits to an eligible individual, notify the individual's most recent
employer of the eligibility determination.
(7) Upon written request of an individual made under rules of the department in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all remuneration
for insured work paid to the individual during the individual's period in the form of a bonus or
lump-sum payment shall, for benefit purposes, be apportioned to the calendar quarters in which
the remuneration was earned.
Amended by Chapter 382, 2008 General Session
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