Sec. 31-223. Application of chapter to employers. (a) Nonvoluntary liability.
Every employer who was subject to this chapter immediately prior to January 1, 1980,
shall continue to be so subject. An employer not previously subject to this chapter shall
become subject to this chapter as follows: (1) An employer subject to the Federal Unemployment Tax Act for any year shall be subject to the provisions of this chapter from
the beginning of such year if he had one or more employees in his employment in the
state of Connecticut in such year; (2) an employer who acquires substantially all of the
assets, organization, trade or business of another employer who at the time of such
acquisition was subject to this chapter shall immediately become subject to this chapter
as a successor employer; (3) an employer who, after December 31, 1973, (A) in any
calendar quarter in either the current or preceding calendar year paid wages for services
in employment of one thousand five hundred dollars or more, or (B) for some portion
of a day in each of twenty different calendar weeks, whether or not such weeks were
consecutive, in either the current or the preceding calendar year, had in employment at
least one individual irrespective of whether the same individual was in employment in
each such day; (4) an employer for which service in employment as defined in subdivision (1) (C) of subsection (a) of section 31-222 is performed after December 31, 1971;
(5) an employer for which service in employment as defined in subdivision (1) (D) of
said subsection (a) is performed after December 31, 1971; (6) an employer which, together with one or more other employers, is owned or controlled, by legally enforceable
means or otherwise, directly or indirectly by the same interests, or which owns or controls, by legally enforceable means or otherwise, one or more other employers, and
which, if treated as a single unit or entity with such other employers or interests, or both,
would be an employer under subdivision (3) of this subsection and subparagraphs (H)
and (J) of subdivision (1) of subsection (a) of section 31-222; (7) any employer, not
defined as such by any other subdivision of this subsection, (A) for which, within either
the current or preceding calendar year, service is or was performed with respect to
which such employer is liable for any federal tax against which credit may be taken for
contributions required to be paid into a state unemployment fund, or (B) which, as a
condition for approval of this chapter for full tax credit against the tax imposed by
the federal Unemployment Tax Act, is required, pursuant to such federal act, to be an
"employer" under this chapter; (8) an employer which, having become an employer
under any of subdivisions (1) to (7), inclusive, of this subsection, has not, under subsection (c) ceased to be an employer subject to this chapter; (9) for the effective period of
its election pursuant to subsection (b), an employer which has elected to become subject
to this chapter. In determining whether an employer in question shall be considered, for
the purposes of this section, as having had a particular number of employees in his
employment at a given time, there shall be counted, in addition to his own employees,
if any, (A) the employees of each employer whose business was at the given time owned
or controlled, directly or indirectly, by the same interests which owned or controlled
the business of the employer in question, and (B) the employees of each employer,
substantially all of whose assets, organization, trade or business has, after the given time
during the same calendar year, been acquired by the employer in question. If an employer
shall contract with or shall have under him any contractor or subcontractor for any work
which is part of said employer's usual trade, occupation, profession or business, and
which is performed in, on or about the premises under such employer's control, and if
such contractor or subcontractor shall not be subject to this chapter, such employer shall,
for all the purposes of this chapter, be deemed to employ each individual in the employ
of such contractor or subcontractor for each day during which such individual is engaged
solely in performing such work; but this provision shall not prevent such employer from
recovering from such contractor or subcontractor the amount of any contributions he
may be required by this chapter to pay with respect to wages of such individuals for
such work.
(b) Voluntary liability. Any employer not so subject to this chapter may accept
the provisions of this chapter and become in all respects subject thereto by agreeing in
writing filed with the administrator to pay the contributions required from employers
subject to this chapter. Any employer with persons in his employ engaged in one or
more of the types of service specified in subdivision (5) of subsection (a) of section
31-222, except the service described by subparagraph (A) thereof, may elect that the
provisions of this chapter apply to such services by agreeing in writing filed with the
administrator to pay the contributions on wages for such services. Any employer defined
in subdivision (1) (D) or (E) of subsection (a) of section 31-222 or (5) (F) or (L) of said
section may elect either to pay the contributions on wages for services or to finance
benefits on a reimbursable basis, by paying into the Unemployment Compensation Fund
an amount equivalent to the amount of benefits paid out to claimants who during the
applicable period were paid wages by the employer concerned, said election to be made
in writing to the administrator in accordance with the provisions of subsection (g) of
section 31-225. Any employer may revoke acceptance of voluntary liability at the end
of any calendar year following the calendar year in which he made such acceptance if
he gives written notice to the administrator, accompanied by proof satisfactory to the
administrator that he has paid all contributions due under the provisions of this chapter
and that he has notified his employees of his intention to revoke such acceptance; such
application to revoke acceptance shall be submitted within thirty days after the end of
a calendar year and the administrator shall render his decision on such application within
sixty days after submission thereof and such revocation of acceptance shall be effective
on the thirty-first day of December next preceding the giving of written notice from the
administrator to the employer that he is satisfied with such proofs.
(c) Release from liability. An employer may cease to be subject to this chapter at
the end of any calendar year following the calendar year in which he became subject
to this chapter if he gives written notice to the administrator, accompanied by proof
satisfactory to the administrator that he has not employed one employee for at least
thirteen weeks during the next-preceding fifteen months, that he is not subject to the
Federal Unemployment Tax Act, and that he has notified his employees of his intention
to cease to be subject to this chapter; such application for release shall be submitted
within thirty days after the end of a calendar year and the administrator shall render his
decision on such application within sixty days after submission thereof and the employer
shall cease to be subject to this chapter on the thirty-first day of December next preceding
the giving of written notice from the administrator to the employer that he is satisfied
with such proofs. The administrator shall waive the requirement for an application for
release whenever it shall appear that the employer was unable to comply with such
requirement for the reason that, at the time when he had qualified for release from
liability under the provisions of this chapter, he was in good faith not aware of the fact
that he was subject to the provisions of this chapter. An employer who discontinues his
business and enters the armed forces of the United States shall cease immediately to be
subject to this chapter.
(d) Employment to include out-of-state service, when. For the purposes of subdivisions (5) and (7) of subsection (a), employment shall include service which would
constitute employment but for the fact that such service is deemed to be performed
entirely within another state pursuant to an election under an arrangement entered into
with such state by the administrator and an agency charged with the administration of
any other state or federal unemployment compensation law.
(e) Calendar week when December 31 and January 1 in same week. For the
purposes of subdivisions (3)(B) and (5) of subsection (a), in respect to any week including both December thirty-first and January first, the days of that week to and including
December thirty-first shall be deemed one calendar week, and the days beginning and
including January first another such week.
(1949 Rev., S. 7496; 1949, 1955, S. 3061d; 1957, P.A. 596, S. 1; 1967, P.A. 790, S. 5; 1971, P.A. 835, S. 4-6; P.A.
73-37; P.A. 75-567, S. 57, 80; P.A. 78-331, S. 38, 39, 58; 78-368, S. 2, 11; P.A. 79-34, S. 1, 2.)
History: 1967 act deleted applicability of provisions for employers with four or more employees during thirteen calendar
weeks and added applicability for employers with one or more employees during thirteen weeks, qualified provision re
elective applicability by employers employing persons under Sec. 31-222(a)(5) to except services in Subpara. (C) and
made minor wording changes; 1971 act added Subdivs. (5) to (11) in Subsec. (a) extending applicability provisions,
amended Subsec. (b) to add provision re employer's election to pay contributions on wages or to finance benefits on a
reimbursable basis and added Subsecs. (d) and (e) clarifying what constitutes employment and calendar weeks; P.A. 73-37 amended Subsec. (a)(5) to qualify applicability with regard to amount of wages paid, to increase weeks of employment
from thirteen to twenty and to include those subject to chapter under previous applicability provision of the Subdiv. in
effect before amendments were made; P.A. 75-567 changed reference to Sec. 31-226(h) to reference to Sec. 31-225(g) in
Subsec. (b); P.A. 78-331 made corrections to Subparas. of Sec. 31-222 referred to in Subsec. (b); P.A. 78-368 added
reference to Sec. 31-225(a)(1)(H) and (J) in Subsec. (a)(8); P.A. 79-34 deleted Subdivs. (3) and (4) of Subsec. (a) re
applicability to employers of three or more persons during thirteen weeks in years after 1955 and to employers of three or
more person during thirteen weeks in years after 1967, renumbering accordingly, relettered Subparas. for consistency with
other statutes and added reference to successor employers under Subdiv. (2); (Revisor's note: In 1991 the reference to
"subdivisions (5)(b) and (7)" in Subsec. (e) was changed editorially by the Revisors to read "subdivisions (3)(B) and (5)").
Constitutionality of "common control" provision upheld. 128 C. 213. Cited. 131 C. 504.
Question of fact for commissioner as to whether plaintiffs did take over substantially all of the assets or business. 135
C. 102. By purchasing one unit in a chain of stores, buyer did not become a liable employer. 135 C. 120. (1) Does not
qualify definition of employment in Sec. 31-222(a). 136 C. 387. (4) Cited. 136 C. 389. (4) (a) Reason for including this
provision in act was to insure contributions from all employers falling within the terms of the subsection. 138 C. 724.
Whether the business of a particular employer is owned or controlled by the same interests that own and control the business
of another employer is a question of fact. 139 C. 709.
Standard to determine where employee performs the greater part of his service. 7 CS 202. Cited. 9 CS 71; 12 CS 292;
18 CS 113. By using the word "usual", the legislature intended to restrict the decision of the Bello case, 101 C. 34. 9 CS
433. It is not the "usual trade, occupation, profession or business" of a bank to construct a road to improve property. 10
CS 228. Owner of a super market deemed to have employed individuals of "leased departments" for purposes of this act.
11 CS 209. Plaintiff became subject to the act by purchasing the land, buildings, equipment, machinery and good will of
an employer subject to the act. 15 CS 301. Successor to a business steps into the shoes of his predecessor. Id., 399. Individual
enterprise and corporation, controlled by the same person, with a total of four employees held subject to assessment. 17
CS 353. Manufacturer who provided physical facilities for operation of cafeteria for employees but had no control over
contract operator, held not liable for cafeteria employees unemployment compensation contributions. 19 CS 73.
Sec. 31-224. Municipal and other public employees. Section 31-224 is repealed.
(1953, S. 3062d; 1969, P.A. 700, S. 2.)
Sec. 31-225. Contributions by employers. Failure of an Indian tribe or tribal
unit to make required payments. Financing of benefits paid to employees of nonprofit organizations. Bond requirement for foreign construction contractors. (a)
Each contributing employer who is subject to this chapter shall pay to the administrator
contributions, which shall not be deducted or deductible from wages, at a rate which is
established and adjusted in accordance with the provisions of section 31-225a, stated
as a percentage of the wages paid by said employer with respect to employment. In no
event shall any employer be required to pay contributions on any amount of wages for
which said employer has previously paid contributions.
(b) Contributions shall be payable quarterly or for such shorter periods of not less
than four weeks as the administrator may determine, provided no such contribution
period shall include parts of two calendar quarters.
(c) Each contribution payment shall be made on or before the last day of the month
next following the end of the period of employment with respect to which it is made.
The administrator may make and publish regulations with reference to the details of the
computation and payment of such contributions. Indian tribes or tribal units, which units
include subdivisions, subsidiaries or business enterprises wholly owned by such Indian
tribes, subject to subparagraphs (C) and (E) of subdivision (1) of subsection (a) of section
31-222 and this section after December 20, 2000, shall pay contributions under the same
terms and conditions as all other subject employers, unless they elect to pay into the
Unemployment Compensation Fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe.
(d) In lieu of contributions required of employers subject to this chapter, the state
shall pay into the Unemployment Compensation Fund an amount equivalent to the
amount of benefits charged to the state as provided in section 31-225a, or may at its
option make payments as provided in subdivision (1) of subsection (g) of this section.
The amount of payments required under this section to be made into the fund shall be
ascertained by the administrator as soon as practicable after the end of each calendar
quarter and shall be payable from the General Fund of the state, except as provided
hereafter. If a claimant to whom benefits were paid was paid wages by the state during
the base period from a special or administrative fund provided for by law, the payment
into the Unemployment Compensation Fund shall be made from such special or administrative fund with the approval of the Secretary of the Office of Policy and Management.
The payment by the state into the fund shall be made at such times and in such manner
as the administrator may determine and prescribe.
(e) In lieu of contributions required of employers subject to this chapter, Indian
tribes, towns, cities and other political and governmental subdivisions of the state and
of the towns and cities may pay into the Unemployment Compensation Fund an amount
equivalent to the amount of benefits charged to such Indian tribe, town, city or other
political or governmental subdivision as provided in section 31-225a, or may at its option
make payments as provided in subdivision (1) of subsection (g) of this section, provided
Indian tribes shall determine if reimbursement for benefits paid is to be elected by the
tribe as a whole, by individual tribal units or by combinations of the individual tribal
units. The amount of payments required under this section to be made into the fund shall
be ascertained by the administrator as soon as practicable after the end of each calendar
quarter. The payments by such Indian tribe, town, city or political or governmental
subdivision into the fund shall be made quarterly or at such times and in such manner
as the administrator may determine and prescribe.
(f) Payment of any bill rendered by the administrator under subsection (e) of this
section shall be made not later than thirty days after such bill was mailed to the Indian
tribe, municipality or political or governmental subdivision concerned, to the chief executive officer, clerk or other official or office having charge of making disbursements,
or to the official or office designated by the Indian tribe, municipality or political governmental subdivision as authorized to receive such notices. Payments made under the
provisions of subsection (e) of this section shall not be deducted or deductible, in whole
or in part, from the remuneration of individuals in the employ of the employer. Past due
payments of amounts due hereunder or under subsection (e) of this section shall be
subject to the same interest that applies to section 31-265 to past due contributions.
(1) Indian tribes or tribal units shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as
other employing units that have elected to make payments in lieu of contributions.
(2) Failure of the Indian tribe or tribal unit to make required payments, including
assessment of interest and penalty, within ninety days of receipt of the bill, shall cause
the Indian tribe to lose the option to make payments in lieu of contributions, as described
in subsection (e) of this section, for the following tax year unless payment in full is
received or a payment schedule has been approved by the administrator or the administrator's designee before contribution rates for the next tax year are computed.
(3) Any Indian tribe or tribal unit that loses the option to make payments in lieu of
contributions due to late payment or nonpayment, as described in subdivision (1) of this
subsection, shall have the option reinstated if, after a period of one year, all contributions
have been made timely, provided no contributions, payments in lieu of contributions
for benefits paid, penalties or interest remain outstanding.
(4) Failure of the Indian tribe or any tribal unit thereof to make required payments,
including assessments of interest and penalty, after all collection activities deemed necessary by the administrator have been exhausted, may cause services performed for such
tribe to not be treated as "employment" for purposes of subsection (a) of section 31-222.
(5) The administrator may determine that any Indian tribe or tribal unit that loses
coverage under subdivision (4) of this subsection may have services performed for such
tribe again included as "employment" for purposes of subsection (a) of section 31-222 if all contributions, payments in lieu of contributions, penalties and interest have
been paid.
(6) The administrator shall notify the United States Internal Revenue Service and
the United States Department of Labor of: (A) Any failure of an Indian tribe or tribal
unit to make payments required under this section, including assessments of interest
and penalty, within ninety days of a final notice of delinquency; and (B) any termination
or reinstatement of coverage made under subdivisions (4) and (5) of this subsection.
(7) At the discretion of the administrator, any Indian tribe or tribal unit that elects
to become liable for payments in lieu of contributions shall be required, within sixty
days after the effective date of its election, to: (A) Execute and file with the administrator
a surety bond approved by the administrator, or (B) deposit with the administrator money
or securities on the same basis as other employers with the same election option.
(8) Notices of payment and reporting delinquency to Indian tribes or tribal units
pursuant to subsection (f) of this section shall include information that failure to make
full payment within the prescribed time frame: (A) Shall cause the Indian tribe to be
liable for taxes under the Federal Unemployment Tax Act; (B) shall cause the Indian
tribe to lose the option to make payments in lieu of contributions; and (C) may cause any
services performed in the employ of the Indian tribe to be excepted from the definition of
"employment" as provided in subsection (a) of section 31-222.
(g) Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this subsection. For the purpose of this subsection, a
nonprofit organization is an organization or group of organizations described in Section
501(c)(3) of the Federal Internal Revenue Code which is exempt from income tax under
Section 501(a) of said code.
(1) Any nonprofit organization which, pursuant to subdivision (1) (D) of subsection
(a) of section 31-222 is, or becomes, subject to this chapter on or after January 1, 1971,
shall pay contributions under the provisions of subsection (a), unless it elects, in accordance with this subparagraph, to pay to the administrator for the unemployment fund an
amount equal to the amount of regular and additional benefits and of one-half of the
extended benefits paid, that is attributable to service in the employ of such nonprofit
organization. (A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1971, may elect to become liable for payments in lieu of contributions
for a period of not less than one taxable year beginning with January 1, 1971, provided
it shall file with the administrator a written notice of its election within the thirty-day
period immediately following July 1, 1971. (B) Any nonprofit organization which becomes subject to this chapter after January 1, 1971, may elect to become liable for
payments in lieu of contributions for a period of not less than twelve months beginning
with the date on which it so becomes subject by filing a written notice of its election
with the administrator not later than thirty days immediately following the date of the
determination that it is so subject. (C) Any nonprofit organization which makes an
election in accordance with subparagraph (A) or subparagraph (B) of this subdivision
shall continue to be liable for payments in lieu of contributions until it files with the
administrator a written notice terminating its election not later than thirty days prior to
the beginning of the taxable year for which such termination shall first be effective,
provided liability for payments in lieu of contributions shall continue for any benefits
attributable to service in the employ of such organization while it was electing payments
in lieu of contributions. For purposes of benefit ratio and for billing purposes, an organization which terminates its election of payments in lieu of contributions shall be treated
as two separate employers. (D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1971, may change to
a reimbursable basis by filing with the administrator not later than thirty days prior to
the beginning of any taxable year a written notice of election to become liable for payments in lieu of contributions. Such election shall not be terminable by the organization
for that and the next year. (E) The administrator may for good cause extend the period
within which a notice of election, or a notice of termination, must be filed and may
permit an election to be retroactive but not any earlier than with respect to benefits paid
after December 31, 1970. (F) The administrator, in accordance with such regulations
as the administrator may prescribe, shall notify each nonprofit organization of any determination which the administrator may make of its status as an employer and of the
effective date of any election which it makes and of any termination of such election.
Such determinations shall be subject to reconsideration, appeal and review in accordance
with the provisions of this chapter applicable to determination, appeal and review.
(2) Payments in lieu of contributions shall be made in accordance with the following
provisions: (A) At the end of each calendar quarter, or at the end of any other period as
determined by the administrator, the administrator shall bill each nonprofit organization
or group of such organizations which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular and additional benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed
period that is attributable to service in the employ of such organization. (B) Payment
of any bill rendered under this subsection shall be made not later than thirty days after
such bill was mailed to the last-known address of the nonprofit organization or was
otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (D). (C) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in
whole or in part, from the remuneration of individuals in the employ of the organization.
(D) The amount due specified in any bill from the administrator shall be conclusive on
the organization unless, within the time prescribed in section 31-241 after the bill was
mailed to its last-known address or otherwise delivered to it, the organization files an
application for redetermination by the administrator or an appeal in the manner provided
in sections 31-241 and 31-242 setting forth the grounds for such application or appeal.
The administrator or referee, as the case may be, shall promptly review and reconsider
the amount due specified in the bill and shall thereafter issue a redetermination or decision, as applicable in any case in which such application for redetermination or appeal
has been filed. Any redetermination by the administrator shall be conclusive on the
organization unless, within the time prescribed in section 31-241 after the redetermination was mailed to its last-known address or otherwise delivered to it, the organization
files an appeal in the manner prescribed in sections 31-241 and 31-242, setting forth
the grounds for the appeal. The decision of the referee shall become final on the twenty-second day after the date of its rendition unless the party aggrieved thereby, including
the administrator, files an appeal in the manner provided in section 31-249, setting forth
the grounds for the appeal. Redeterminations by the administrator shall be governed by
the provisions of section 31-243. Proceedings on appeal to the unemployment compensation referee from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with the provisions of section 31-242 and
the decision of the referee shall be subject to the provisions of sections 31-248 and 31-249. (E) Past due payments of amounts in lieu of contributions shall be subject to the
same interest that, pursuant to section 31-265 applies to past due contributions; an employer electing reimbursement is subject to the same penalties provided under this chapter as employers paying contributions.
(3) If the administrator at any time deems it necessary because of the financial
condition of the organization, any nonprofit organization that elects to become liable
for payments in lieu of contributions shall be required, within thirty days, to execute
and file with the administrator a surety bond approved by the administrator or it may
elect instead to deposit with the administrator cash or securities. The amount of such
bond or deposit shall be determined in accordance with the provisions of this subdivision.
(A) The amount of the bond or deposit required by this subdivision shall be determined
by the administrator but shall not exceed a percentage of the organization's annual
taxable payroll equal to the maximum rate that any employer liable for contributions
during the year involved would have to pay for employment as defined in subsection
(b) of section 31-222 for the four calendar quarters immediately preceding the effective
date of the election, the renewal date in the case of a bond, or the biennial anniversary
of the effective date of election in the case of a deposit of cash or securities, whichever
date shall be most recent and applicable. If the nonprofit organization did not pay wages
in each of such four calendar quarters, the amount of the bond or deposit shall be as
determined by the administrator. The term "cash" includes certified or bank checks or
other guaranteed instruments. (B) Any bond deposited under this subdivision shall be
in force for a period of not less than two taxable years and shall be renewed with the
approval of the administrator, at such times as the administrator may prescribe, but not
less frequently than at two-year intervals as long as the organization continues to be
liable for payments in lieu of contributions. The administrator shall require adjustments
to be made in a previously filed bond as the administrator deems appropriate. If the
bond is to be increased, the adjusted bond shall be filed by the organization within thirty
days of the date notice of the required adjustment was mailed or otherwise delivered to
it. Failure by any organization covered by such bond to pay the full amount of payments
in lieu of contributions when due, together with any applicable interest and penalties
provided for in subdivision (2) (E) of this subsection, shall render the surety liable on
such bond to the extent of the bond, as though the surety was such organization. (C)
Any deposit of cash or securities in accordance with this subdivision shall be retained
by the administrator in an escrow account until liability under the election is terminated,
at which time it shall be returned to the organization, less any deductions as hereinafter
provided. The administrator may deduct from the cash deposited under this subdivision
by a nonprofit organization or sell the securities it has so deposited to the extent necessary
to satisfy any due and unpaid payments in lieu of contributions and any applicable
interest and penalties provided for in subdivision (2) (E) of this subsection. The administrator shall require the organization within thirty days following any deduction from a
cash deposit or sale of deposited securities under the provisions of this subparagraph to
deposit sufficient additional cash or securities to make whole the organization's deposit
at the prior level. Any cash remaining from the sale of such securities shall be a part
of the organization's escrow account. The administrator may, at any time, review the
adequacy of the deposit made by any organization. If, as a result of such review, the
administrator determines that an adjustment is necessary, said administrator shall require
the organization to make additional deposit within thirty days of written notice of determination or shall return to it such portion of the deposit as the administrator no longer
considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by any applicable provision of state law. (D) If
any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an
increased amount or to increase or make whole the amount of a previously made deposit,
as provided under this subdivision, the administrator may terminate such organization's
election to make payments in lieu of contributions and such termination shall continue
for not less than the four-consecutive-calendar-quarter period beginning with the quarter
in which such termination becomes effective; provided the administrator may extend
for good cause the applicable filing, deposit or adjustment period by not more than
fifteen days.
(4) If any nonprofit organization is delinquent in making payments in lieu of contributions as required under subdivision (2) of this subsection, and a bond or security as
provided in subdivision (3) of this subsection has not been required, or required and not
filed within thirty days, the administrator may terminate such organization's election
to make payments in lieu of contributions as of the beginning of the next taxable year,
and such termination shall be effective for that and the next taxable year.
(5) Each employer that is liable for payments in lieu of contributions shall pay to
the administrator for the fund the amount of regular and additional benefits plus the
amount of one-half of extended benefits paid that are attributable to service in the employ
of such employer. If benefits paid to an individual are based on wages paid by more
than one employer and one or more of such employers are liable for payments in lieu
of contributions, the amount payable to the fund by each employer that is liable for such
payments, shall be an amount which bears the same ratio to the total benefits paid to
the individual as the total base period wages paid to the individual by such employer
bear to the total base period wages paid to the individual by all of the individual's base
period employers.
(6) Any two or more employers that have become liable for payments in lieu of
contributions may file a joint application to the administrator for the establishment of
a group account for the purpose of sharing the cost of benefits paid that are attributable
to service in the employ of such employers. Each such application shall identify and
authorize a group representative to act as the group's agent for the purposes of this
subdivision. Upon the administrator's approval of the application, the administrator
shall establish a group account for such employers effective as of the beginning of the
calendar quarter in which the administrator receives the application and shall notify the
group's representative of the effective date of the account. Such account shall remain
in effect for not less than one year and thereafter until terminated at the discretion of
the administrator or upon application by the group. Upon establishment of the account,
each member of the group shall be liable for payments in lieu of contributions with
respect to each calendar quarter in the amount that bears the same ratio to the total
benefits paid in such quarter that are attributable to service performed in the employ of
all members of the group as the total wages paid for service in employment by such
member in such quarter bear to the total wages paid during such quarter for service
performed in the employ of all members of the group. The administrator shall prescribe
such regulations as he or she deems necessary with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this subdivision, for addition of new members to, and withdrawal of active members from, such
accounts, and for the determination of the amounts that are payable under this subdivision by members of the group and the time and manner of such payments.
(h) Subsections (a) to (g), inclusive, of this section shall first apply to benefits
charged with respect to benefits paid in benefit years starting on or after June 30, 1975.
(i) Notwithstanding any other provision of the general statutes to the contrary, any
employer, individual, organization, partnership, corporation or other legal entity which
engages, in any manner, in contract construction activity in this state and which has its
base of operations and is incorporated in another state, shall furnish to the administrator
before beginning any such construction activity, a bond, with a surety or sureties satisfactory to the administrator, in an amount to be determined by the administrator. The administrator shall adopt regulations, in accordance with the provisions of chapter 54, establishing the method for computation of such bond amounts. The use of such bonds shall
be limited to payment for any unpaid unemployment compensation contributions, interest and penalties due from such contractor and attributable to such contracted work.
(1949 Rev., S. 7497; 1949, S. 3063d; 1953, S. 3064d; 1957, P.A. 596, S. 2, 3; 1969, P.A. 700, S. 3; 1971, P.A. 835, S.
7-9; 1972, P.A. 71, S. 3; P.A. 73-289, S. 1, 4-6, 10; 73-536, S. 3, 12; P.A. 74-229, S. 1, 15, 16, 22; P.A. 75-525, S. 2, 13;
P.A. 76-435, S. 12, 13, 82; P.A. 77-426, S. 1, 19; 77-614, S. 19, 610; P.A. 78-368, S. 3, 11; P.A. 80-250; P.A. 81-318, S.
2, 8; 81-472, S. 60, 141, 159; June 18 Sp. Sess. P.A. 97-4, S. 4, 11; June 18 Sp. Sess. P.A. 97-11, S. 63, 65; June Sp. Sess.
P.A. 01-9, S. 21, 131.)
History: 1969 act amended Subsec. (f) to make payments by towns, cities and political subdivisions mandatory rather
than dependent upon whether the towns, cities, etc. have elected to become subject to chapter; 1971 act added references
to "governmental" subdivisions in Subsecs. (f) and (g), added option of making payments pursuant to Sec. 31-225 in
Subsec. (f) and added provisions re time for payment of bills, interest on past due payments, etc.; 1972 act deleted provision
in Subsec. (f) which had prohibited requiring towns, cities, etc. to maintain a record of their employees social security
numbers; P.A. 73-289 deleted option for calculating benefits as ratio of each employer's share of wages to total wages
paid in Subsec. (h)(5)(A) and added references to "additional" benefits in Subsec. (h)(1), (2) and (5); P.A. 73-536 changed
basis for calculating contributions under Subsec. (a) from 2.7% of wages paid to rate established and adjusted under Sec.
31-225a and deleted previous detailed provisions re adjustments, deleted provision in Subsec. (b) which had allowed
treatment of wages for payroll period which falls in two contribution periods as falling within one period, deleted Subsec.
(d) re excess in fund, relettering accordingly, amended relettered Subsec. (d) to replace detailed provisions re state payments
into fund with reference to payments equaling benefits charged to state pursuant to Sec. 31-225a and changed remaining
provisions re payments throughout section in a similar fashion; P.A. 74-229 amended Subsec. (g)(1)(C) to add proviso re
continued liability for payments and added ratio provision for calculating payments by multiple employers in Subsec.
(g)(5); P.A. 75-525 specified "contributing" employers in Subsec. (a), made payments by towns, cities, etc. in Subsec. (e)
optional rather than mandatory, replaced compensation commissioner with compensation referees in Subsec. (g)(2),
changed maximum bond in Subsec. (g) (3)(A) from 2.7% of total wages paid to 6% of taxable wages paid and deleted
Subsec. (h) re nonprofit organizations' option to make payments in lieu of contributions; P.A. 76-435 made technical
changes; P.A. 77-426 changed amount of bond in Subsec. (g)(3)(A) to percentage of payroll "equal to the maximum rate
that any employer liable for contributions during the year involved would have to pay"; P.A. 77-614 replaced commissioner
of finance and control with secretary of the office of policy and management in Subsec. (d); P.A. 78-368 allowed option
of payments as provided in Subsec. (g)(1) in Subsec. (d) and deleted reference to Sec. 31-235a in Subsec. (e); P.A. 80-250
added Subsec. (i) re bonds for those engaged in contract construction activity; P.A. 81-318 amended Subdiv. (2) of Subsec.
(g) by changing the time when referee's decision becomes final from fifteenth to twenty-second day after its rendition if
no appeal has been filed; P.A. 81-472 made technical changes; June 18 Sp. Sess. P.A. 97-4 amended Subsec. (d) to delete
provision that the state shall not be required to maintain a record of Social Security numbers of its employees, effective
October 1, 1998; June 18 Sp. Sess. P.A. 97-11 changed effective date of June 18 Sp. Sess. P.A. 97-4, S. 4. from October
1, 1998, to October 1, 1997; June Sp. Sess. P.A. 01-9 amended Subsec. (c) to add provisions re payments by Indian tribes
or tribal units, amended Subsec. (e) to add provision re determination of reimbursement by Indian tribe, and add references
to "Indian tribe", amended Subsec. (f) to make technical changes, add references to "Indian tribe" and add new Subdivs.
(1) to (8) re payments by Indian tribes or tribal units, and make technical changes for purposes of gender neutrality in
Subsecs. (a) and (g), effective July 1, 2001.
Cited. 127 C. 69; 128 C. 216; 131 C. 512; 139 C. 406; 135 C. 671. Each liable employer is only obligated to pay
contributions with respect to the wages paid to his own employees. 138 C. 724. Cited. 177 C. 384, 386; 181 C. 1, 17.
Cited. 9 CS 244; 14 CS 208.
Subsec. (a):
Cited. 177 C. 384, 385.
Does not preclude the inclusion of tips in amount of wages for the purpose of employer's contribution. 11 CS 340.
Subsec. (b):
Cited. 177 C. 384, 385.
Subsec. (c):
Cited. 177 C. 384, 385, 388.
Sec. 31-225a. Definitions; employers' experience accounts; noncharging provisions; benefit ratio; rates of contribution; assessments to pay interest due on
federal loans and to reimburse advance fund; fund balance tax rate; notice to
employers; multiple employers; employers' quarterly reports; inspection of records. (a) As used in this chapter, "qualified employer" means each employer subject to
this chapter whose experience record has been chargeable with benefits for at least one
full experience year, with the exception of employers subject to a flat entry rate of
contributions as provided under subsection (d) of this section, employers subject to the
maximum contribution rate under subsection (c) of section 31-273, and reimbursing
employers; "contributing employer" means an employer who is assigned a percentage
rate of contribution under the provisions of this section; "reimbursing employer" means
an employer liable for payments in lieu of contributions as provided under section 31-225; "benefit charges" means the amount of benefit payments charged to an employer's
experience account under this section; "computation date" means June thirtieth of the
year preceding the tax year for which the contribution rates are computed; "tax year"
means the calendar year immediately following the computation date; "experience year"
means the twelve consecutive months ending on June thirtieth; and "experience period"
means the three consecutive experience years ending on the computation date, except
that if the employer's account has been chargeable with benefits for less than three years,
the experience period shall consist of the greater of one or two consecutive experience
years ending on the computation date.
(b) (1) The administrator shall maintain for each employer, except reimbursing
employers, an experience account in accordance with the provisions of this section. (2)
With respect to each benefit year commencing on or after July 1, 1978, regular and
additional benefits paid to an individual shall be allocated and charged to the accounts
of the employers who paid him wages in his base period in accordance with the following
provisions: The initial determination establishing a claimant's weekly benefit rate and
maximum total benefits for his benefit year shall include, with respect to such claimant
and such benefit year, a determination of the maximum liability for such benefits of
each employer who paid wages to the claimant in his base period. An employer's maximum total liability for such benefits with respect to a claimant's benefit year shall bear
the same ratio to the maximum total benefits payable to the claimant as the total wages
paid by the employer to the claimant within his base period bears to the total wages paid
by all employers to the claimant within his base period. This ratio shall also be applied
to each benefit payment. The amount thus determined, rounded to the nearest dollar
with fractions of a dollar of exactly fifty cents rounded upward, shall be charged to the
employer's account.
(c) (1) (A) Any week for which the employer has compensated the claimant in the
form of wages in lieu of notice, dismissal payments or any similar payment for loss of
wages shall be considered a week of employment for the purpose of determining employer chargeability. (B) No benefits shall be charged to any employer who paid wages
of five hundred dollars or less to the claimant in his base period. (C) No dependency
allowance paid to a claimant shall be charged to any employer. (D) In the event of a
natural disaster declared by the President of the United States, no benefits paid on the
basis of total or partial unemployment which is the result of physical damage to a place
of employment caused by severe weather conditions including, but not limited to, hurricanes, snow storms, ice storms or flooding, or fire except where caused by the employer,
shall be charged to any employer. (E) If the administrator finds that (i) an individual's
most recent separation from a base period employer occurred under conditions which
would result in disqualification by reason of subdivision (2), (6) or (9) of section 31-236, or (ii) an individual was discharged for violating an employer's drug testing policy,
provided the policy has been adopted and applied consistent with sections 31-51t to
31-51aa, inclusive, section 14-261b and any applicable federal law, no benefits paid
thereafter to such individual with respect to any week of unemployment which is based
upon wages paid by such employer with respect to employment prior to such separation
shall be charged to such employer's account, provided such employer shall have filed
a notice with the administrator within the time allowed for appeal in section 31-241.
(F) No base period employer's account shall be charged with respect to benefits paid to
a claimant if such employer continues to employ such claimant at the time the employer's
account would otherwise have been charged to the same extent that he employed him
during the individual's base period, provided the employer shall notify the administrator
within the time allowed for appeal in section 31-241. (G) If a claimant has failed to
accept suitable employment under the provisions of subdivision (1) of section 31-236
and the disqualification has been imposed, the account of the employer who makes an
offer of employment to a claimant who was a former employee shall not be charged
with any benefit payments made to such claimant after such initial offer of reemployment
until such time as such claimant resumes employment with such employer, provided
such employer shall make application therefor in a form acceptable to the administrator.
The administrator shall notify such employer whether or not his application is granted.
Any decision of the administrator denying suspension of charges as herein provided
may be appealed within the time allowed for appeal in section 31-241. (H) Fifty per cent
of benefits paid to a claimant under the federal-state extended duration unemployment
benefits program established by the federal Employment Security Act shall be charged
to the experience accounts of the claimant's base period employers in the same manner
as the regular benefits paid for such benefit year. (I) No base period employer's account
shall be charged with respect to benefits paid to a claimant who voluntarily left suitable
work with such employer (i) to care for a seriously ill spouse, parent or child or (ii) due
to the discontinuance of the transportation used by the claimant to get to and from work,
as provided in subparagraphs (A)(ii) and (A) (iii) of subdivision (2) of section 31-236.
(2) All benefits paid which are not charged to any employer shall be pooled.
(3) The noncharging provisions of this chapter, except subdivisions (1)(D) and
(1)(F) of this subsection, shall not apply to reimbursing employers.
(d) The standard rate of contributions shall be five and four-tenths per cent. Each
employer who has not been chargeable with benefits, for a sufficient period of time to
have his rate computed under this section shall pay contributions at a rate that is the
higher of (a) one per cent or (b) the state's five-year benefit cost rate. For purposes of
this subsection, the state's five-year benefit cost rate shall be computed annually on or
before June thirtieth and shall be derived by dividing the total dollar amount of benefits
paid to claimants under this chapter during the five consecutive calendar years immediately preceding the computation date by the five-year payroll during the same period.
If the resulting quotient is not an exact multiple of one-tenth of one per cent, the five-year benefit cost rate shall be the next higher such multiple.
(e) (1) As of each June thirtieth, the administrator shall determine the charged tax
rate for each qualified employer. Said rate shall be obtained by calculating a benefit
ratio for each qualified employer. The employer's benefit ratio shall be the quotient
obtained by dividing the total amount chargeable to the employer's experience account
during the experience period by the total of his taxable wages during such experience
period which have been reported by the employer to the administrator on or before the
following September thirtieth. The resulting quotient, expressed as a per cent, shall
constitute the employer's charged tax rate. If the resulting quotient is not an exact multiple of one-tenth of one per cent, the charged rate shall be the next higher such multiple,
except that if the resulting quotient is less than five-tenths of one per cent, the charged
rate shall be five-tenths of one per cent and if the resulting quotient is greater than five
and four-tenths per cent, the charged rate shall be five and four-tenths per cent. The
employer's charged tax rate will be in accordance with the following table:
| Employer's Charged Tax Rate Table |
Employer's
Benefit Ratio | Employer's Charged
Tax Rate |
| .005 or less | .5% minimum subject |
| .006 | .6% to fund |
| .007 | .7% solvency |
| .008 | .8% adjustment |
| .009 | .9% |
| .010 | 1.0% |
| .011 | 1.1% |
| .012 | 1.2% |
| .013 | 1.3% |
| .014 | 1.4% |
| .015 | 1.5% |
| .016 | 1.6% |
| .017 | 1.7% |
| .018 | 1.8% |
| .019 | 1.9% |
| .020 | 2.0% |
| .021 | 2.1% |
| .022 | 2.2% |
| .023 | 2.3% |
| .024 | 2.4% |
| .025 | 2.5% |
| .026 | 2.6% |
| .027 | 2.7% |
| .028 | 2.8% |
| .029 | 2.9% |
| .030 | 3.0% |
| .031 | 3.1% |
| .032 | 3.2% |
| .033 | 3.3% |
| .034 | 3.4% |
| .035 | 3.5% |
| .036 | 3.6% |
| .037 | 3.7% |
| .038 | 3.8% |
| .039 | 3.9% |
| .040 | 4.0% |
| .041 | 4.1% |
| .042 | 4.2% |
| .043 | 4.3% |
| .044 | 4.4% |
| .045 | 4.5% |
| .046 | 4.6% |
| .047 | 4.7% |
| .048 | 4.8% |
| .049 | 4.9% |
| .050 | 5.0% |
| .051 | 5.1% |
| .052 | 5.2% |
| .053 | 5.3% |
.054 & higher
| 5.4% maximum subject
to fund solvency
adjustment |
(2) (A) Each contributing employer subject to this chapter shall pay an assessment
to the administrator at a rate established by the administrator sufficient to pay interest
due on advances from the federal unemployment account under Title XII of the Social
Security Act (42 U.S. Code Sections 1321 to 1324). The administrator shall establish
the necessary procedures for payment of such assessments. The amounts received by
the administrator based on such assessments shall be paid over to the State Treasurer
and credited to the General Fund. Any amount remaining from such assessments, after
all such federal interest charges have been paid, shall be transferred to the Employment
Security Administration Fund or to the Unemployment Compensation Advance Fund
established under section 31-264a, (i) to the extent that any federal interest charges have
been paid from the Unemployment Compensation Advance Fund, (ii) to the extent that
the administrator determines that reimbursement is appropriate, or (iii) otherwise to the
extent that reimbursement of the advance fund is the appropriate accounting principle
governing the use of the assessments. Sections 31-265 to 31-274, inclusive, shall apply
to the collection of such assessments.
(B) On and after January 1, 1994, and conditioned upon the issuance of any revenue
bonds pursuant to section 31-264b, each contributing employer shall also pay an assessment to the administrator at a rate established by the administrator sufficient to pay the
interest due on advances from the Unemployment Compensation Advance Fund and
reimbursements required for advances from the Unemployment Compensation Advance
Fund, computed in accordance with subsection (h) of section 31-264a. The administrator
shall establish the assessments as a percentage of the charged tax rate for each employer
pursuant to subdivision (1) of this subsection. The administrator shall establish the necessary procedures for billing, payment and collection of the assessments. Sections 31-265 to 31-274, inclusive, shall apply to the collection of such assessments by the administrator. The payments received by the administrator based on the assessments, excluding
interest and penalties on past due assessments, are hereby pledged and shall be paid
over to the State Treasurer for credit to the Unemployment Compensation Advance
Fund.
(f) For each calendar year commencing with calendar year 1994, the administrator
shall establish a fund balance tax rate sufficient to maintain a balance in the Unemployment Compensation Trust Fund equal to eight-tenths of one per cent of the total wages
paid to workers covered under this chapter by contributing employers during the year
ending the last preceding June thirtieth. If the fund balance tax rate established by the
administrator results in a fund balance in excess of said per cent as of December thirtieth
of any year, the administrator shall, in the year next following, establish a fund balance
tax rate sufficient to eliminate the fund balance in excess of said per cent. The assessment
levied by the administrator at any time (A) during a calendar year commencing on or
after January 1, 1994, but prior to January 1, 1999, shall not exceed one and five-tenths
per cent, (B) during a calendar year commencing on or after January 1, 1999, shall not
exceed one and four-tenths per cent, and (C) shall not be calculated to result in a fund
balance in excess of eight-tenths of one per cent of such total wages.
(g) Each qualified employer's contribution rate for each calendar year after 1973
shall be a percentage rate equal to the sum of his charged tax rate as of the June thirtieth
preceding such calendar year and the fund balance tax rate as of December thirtieth
preceding such calendar year.
(h) (1) With respect to each benefit year commencing on or after July 1, 1978,
notice of determination of the claimant's benefit entitlement for such benefit year shall
include notice of the allocation of benefit charges of the claimant's base period employers and each such employer shall be mailed a copy of such notice of determination and
shall be an interested party thereto. Such determination shall be final unless the claimant
or any of such employers files an appeal from such decision in accordance with the
provisions of section 31-241. (2) The administrator shall, not less frequently than once
each calendar quarter, mail a statement of charges to each employer to whose experience
record any charges have been made since the last previous such statement. Such statement shall show, with respect to each week for which benefits have been paid and
charged, the name and Social Security account number of the claimant who was paid
the benefit, the amount of the benefits charged for such week and the total amount
charged in the quarter. (3) The statement of charges provided for in subdivision (2) of
this subsection shall constitute notice to the employer that it has been determined that
the benefits reported in such statement were properly payable under this chapter to the
claimants for the weeks and in the amounts shown in such statements. If the employer
contends that benefits have been improperly charged due to fraud or error, a written
protest setting forth reasons therefor shall be filed with the administrator within sixty
days of the mailing date of the quarterly statement. An eligibility issue shall not be
reopened on the basis of such quarterly statement if notification of such eligibility issue
had previously been given to the employer under the provisions of section 31-241, and
he failed to file a timely appeal therefrom or had the issue finally resolved against him.
(i) (1) At the written request of any employer which holds at least eighty per cent
controlling interest in another employer or employers, the administrator may mingle
the experience rating records of such dominant and controlled employers as if they
constituted a single employer, subject to such regulations as the administrator may make
and publish concerning the establishment, conduct and dissolution of such joint experience rating records. (2) The executors, administrators, successors or assigns of any
former employer shall acquire the experience rating records of the predecessor employer
with the following exception: The experience of a predecessor employer, who leased
premises and equipment from a third party and who has not transferred any assets to
the successor, shall not be transferred if there is no common controlling interest in the
predecessor and successor entities. (3) The administrator is authorized to establish such
regulations governing joint accounts as may be necessary to comply with the requirements of the federal Unemployment Tax Act.
(j) (1) Each employer subject to this chapter shall submit quarterly, on forms supplied by the administrator, a listing of wage information, including the name of each
employee receiving wages in employment subject to this chapter, such employee's Social Security account number and the amount of wages paid to such employee during
such calendar quarter.
(2) Commencing with the first calendar quarter of 1991, each employer subject to
this chapter who reports wages for two hundred fifty or more employees receiving wages
in employment subject to this chapter, and each person or organization that, as an agent,
reports wages for a total of two hundred fifty or more employees receiving wages in
employment subject to this chapter on behalf of one or more employers subject to this
chapter shall submit quarterly the information required by subdivision (1) of this subsection on magnetic tape, diskette, or other similar electronic means which the administrator
may prescribe, in a format prescribed by the administrator, unless such employer or
agent demonstrates to the satisfaction of the administrator that it lacks the technological
capability to report such information in accordance with this subdivision.
(3) Any employer that fails to submit the information required by subdivision (1)
of this subsection in a timely manner, as determined by the administrator, shall be liable
to the administrator for a late filing fee of twenty-five dollars. All fees collected by the
administrator under this subdivision shall be deposited in the Employment Security
Administration Fund.
(k) The employer may inspect his account records in the office of the Employment
Security Division at any reasonable time.
(P.A. 73-536, S. 4, 12; P.A. 74-229, S. 2-8, 22; P.A. 75-525, S. 3, 13; P.A. 76-74; 76-79; 76-82; 76-88; 76-98; 76-161;
76-259, S. 1, 3; P.A. 77-426, S. 2, 19; P.A. 78-368, S. 4, 5, 11; P.A. 79-187, S. 1; 79-191; 79-631, S. 91, 111; P.A. 80-483, S. 154, 186; P.A. 81-12, S. 1; 81-472, S. 61, 62, 142, 143, 159; P.A. 82-29, S. 1; P.A. 83-547, S. 1, 12; 83-587, S. 49,
96; P.A. 84-312, S. 1, 3; P.A. 85-25; 85-258, S. 2; P.A. 87-76; 87-341, S. 1, 2; P.A. 89-58; P.A. 90-314, S. 1, 3; P.A. 93-243, S. 3, 15; 93-419, S. 1, 9; P.A. 04-60, S. 3.)
History: P.A. 74-229 rephrased Subsec. (a)(4)(C) and authorized administrator to determine order of charging where
claimant has more than one employer in a quarter and exempting employers who paid wages of two hundred dollars or
less, added Subdiv. (5) in Subsec. (a), set June thirtieth deadline for computation of five-year benefit cost rate in Subsec.
(b) and clarified basis for computation and authorized rounding of quotients in Subsec. (b), rephrased Subsec. (d), replaced
table and deleted provision re reduction of fund balance tax rate in Subsec. (d), deleted provision re employers review
right in Subsec. (f)(3) and distinguished between dominant and controlled and predecessor and successor employers in
Subsec. (g); P.A. 75-525 defined "computation date" and "tax year" in Subsec. (a), added provisions re initiating claims
filed on or after July 1, 1975, but before June 30, 1978, revised employers liability from twenty-five per cent of his
limit for regular benefits or an amount equaling state's liability to fifty per cent of benefits paid under extended duration
unemployment benefits program, deleted former Subdiv. (5) in Subsec. (a), added provisions in Subsec. (c) re calculation
of employer's benefit ratio, revised table in Subsec. (d), made minor changes in Subsec. (f) for clarity and deleted Subsec.
(i) which had defined "balance in the unemployment compensation fund"; P.A. 76-74 clarified Subsec. (g) deleting references to mingling of experience records of predecessor and successor employers and inserting provision re acquisition of
predecessor's rating records by successor; P.A. 76-79 substituted "chargeable" for "charged" in Subsec. (c); P.A. 76-82
made language changes for consistency and added provisions re protests by employer in Subsec. (f); P.A. 76-88 changed
basis for calculating employer's benefit ratio in Subsec. (c); P.A. 76-98 provided that weeks of compensation in lieu of
notice, severance pay etc. shall be considered a week of employment in determining employer chargeability in Subsec.
(a); P.A. 76-161 deleted provisions re initiating claims filed on or after July 1, 1978, in Subsec. (a); P.A. 76-259 clarified
Subsec. (a)(4) and specified circumstances under which administrator is to determine manner of charging benefits; P.A.
77-426 deleted references to acquisition of former or predecessor employer's rates in Subdiv. (2) of Subsec. (g); P.A. 78-368 added provisions in Subsec. (a) re benefit years commencing on or after July 1, 1978, in Subsec. (a) and deleted
reference to notice of "order of liability" for benefit charges in Subsec. (f); P.A. 79-187 specified notification to employer
under Sec. 31-241 in Subsec. (f); P.A. 79-191 added provision in Subsec. (a) protecting employers from charge of benefits
resulting from natural disasters and deleted duplicate Subdiv. (5); P.A. 79-631 made technical correction; P.A. 80-483
substituted reference to natural disasters declared by U.S. President for reference to those declared by governor; P.A. 81-12 rearranged the section to increase its clarity and comprehensiveness, placing the definitions of terms in Subsec. (a) and
adding definitions of contributing and reimbursing employers, to insert noncharging provisions of the chapter in Subsec.
(c), and to simplify the language concerning determination of charged tax rates in Subsec. (e); P.A. 81-472 made technical
changes; P.A. 82-29 added the word "would" preceding "result" in Subsec. (c) (1)(E); P.A. 83-547 amended Subsec. (e)
to add subdiv. (2), providing a mechanism to assess employers for the interest due on loans from the federal unemployment
account, effective June 9, 1983, and applicable to tax years commencing on or after January 1, 1983; P.A. 83-587 made
a technical amendment to Subsec. (g); P.A. 84-312 amended Subsecs. (d) and (e) to increase the maximum employer's
charged tax rate from five per cent to five and four-tenths per cent, amended Subsec. (f) to increase the minimum solvency
tax rate from negative four-tenths of a per cent to zero per cent, and the Revisors corrected the charged tax rate table in
Subsec. (e) to read "5.1%, 5.2%, 5.3%" instead of ".1%, .2%, .3%", to correct typographical error; P.A. 85-25 amended
Subsec. (c) to provide that the noncharging provisions of Subdiv. (1)(F) of said subsection are applicable to reimbursing
employers; P.A. 85-258 amended Subsec. (c) by adding Subpara. (I) of Subdiv. (1), providing that benefits paid to claimants
who quit suitable work for certain compensable reasons shall not be charged against any employer's account; P.A. 87-76
amended Subdiv. (1) of Subsec. (e) to establish an annual cutoff date of September thirtieth for employers' taxable wage
reports which will be used to calculate the employers' benefit ratio; P.A. 87-341 amended Subdiv. (2) of Subsec. (e) to
provide that any excess of assessments made for payment of federal interest charges shall be transferred to the employment
security administration fund; P.A. 89-58 amended Subsec. (j) by adding Subdiv. (2), providing for the submittal of certain
information by electronic methods; P.A. 90-314 amended Subsec. (c) to increase the minimum wages an employer is
required to pay a claimant in his base period in order to be charged for the claimant's benefits from three hundred dollars
to five hundred dollars; P.A. 93-243 amended Subsec. (c) to prohibit charging employers' experience accounts for benefits
paid to employees discharged upon detection of drug abuse, amended Subsec. (e) to allow reimbursement of advance fund
from excess funds generated by experience tax and to add Subpara. (B) imposing a new assessment on employers to
reimburse and pay interest due on advances from advance fund, and amended Subsec. (f) to delete fund balance tax rate
table and establish a new formula for calculating the fund balance tax rate, effective June 23, 1993; P.A. 93-419 amended
Subsec. (f) to clarify that the administrator is required to establish a fund balance tax rate for each calendar year beginning
with calendar year 1994, and made technical changes, effective July 1, 1993; P.A. 04-60 amended Subsec. (j) to make
technical changes in Subdivs. (1) and (2), and add Subdiv. (3) imposing twenty-five-dollar filing fee on employers that
file untimely quarterly reports and requiring deposit of all such fees into Employment Security Administration Fund,
effective July 1, 2004.
Cited. 177 C. 384, 386, 388, 389.
Subsec. (a):
Subdiv. (4) cited. 184 C. 317, 324, 325.
Subsec. (b):
Cited. 177 C. 384, 385.
Subdiv. (2) cited. 17 CA 441, 445.
Subsec. (c):
Subdiv. (1): Administrator erred by reading into penalty provision of this section reporting and payments deadline
found elsewhere in the act. 177 C. 384-386, 388-390. Subdiv. (2) cited. 177 C. 384, 390.
Subdiv. (1)(E) cited. 17 CA 441, 445.
Subsec. (d):
Cited. 177 C. 384, 390.
Subsec. (e):
Cited. 177 C. 384, 390.
Subsec. (f):
Cited. 177 C. 384, 390.
Subsec. (g):
Cited. 177 C. 384, 390.
Subsec. (h):
Cited. 177 C. 384, 390.
Secs. 31-225b to 31-226. Compensable separation charge, compensable period; rehire credits. Exception re date of filing application. Account not charged
if claimant employed at that time; notice required. Employer's account not charged
during employee's disqualification period; application, notice, appeal. Pooling of
benefits not charged; exception. Quarterly reports of wage information. Merit rating indexes. Sections 31-225b to 31-226, inclusive, are repealed.
(1949 Rev., S. 7498; 1949, 1953, 1955, S. 3066d; 1953, S. 3067d; 1953, 1955, S. 3065d; 1957, P.A. 464, S. 3; 596, S.
4; 1967, P.A. 790, S. 6, 7; October, 1970, P.A. 1, S. 9; 1971, P.A. 835, S. 10; P.A. 73-53; 73-289, S. 7, 10; 73-536, S. 5,
8-12; P.A. 74-229, S. 9-12, 22; 74-338, S. 68, 94; P.A. 75-525, S. 4-6, 13; 75-567, S. 66, 80; P.A. 76-90; 76-259, S. 2,
3; P.A. 78-368, S. 10, 11; P.A. 81-5, S. 7; 81-12, S. 3.)
Sec. 31-226a. Discharge, discipline, penalty or discrimination prohibited.
Right of action. (a) No employer shall discharge, discipline, penalize or in any manner
discriminate against any employee because the employee has filed a claim or instituted
or caused to be instituted any proceeding under this chapter, or has testified or is about
to testify in any such proceeding or because of the exercise by such employee on behalf
of himself or others of any right afforded by this chapter.
(b) Any employee who believes that such employee has been discharged, disciplined, penalized or otherwise discriminated against by any person in violation of this
section may file a complaint with the Labor Commissioner alleging violation of the
provisions of subsection (a) of this section. Upon receipt of any such complaint, the
commissioner shall hold a hearing. After the hearing, the commissioner shall send each
party a written copy of the commissioner's decision. The commissioner may award the
employee all appropriate relief including rehiring or reinstatement to such employee's
previous job, payment of back wages and reestablishment of employee benefits to which
such employee otherwise would have been eligible if such employee had not been discharged, disciplined, penalized or discriminated against. Any employee who prevails
in such a complaint shall be awarded reasonable attorney's fees and costs. Any party
aggrieved by the decision of the commissioner may appeal the decision to the Superior
Court in accordance with the provisions of chapter 54.
(c) The commissioner may request the Attorney General to bring an action in the
Superior Court for injunctive relief requiring compliance with any award, decision or
judgment issued by the commissioner under this section.
(P.A. 88-169; 88-364, S. 106, 123; P.A. 01-147, S. 3.)
History: P.A. 88-364 made technical change; P.A. 01-147 made technical changes for purposes of gender neutrality in
Subsec. (b) and added Subsec. (c) permitting commissioner to request Attorney General to bring action for injunctive relief
requiring compliance with award, decision or judgment of commissioner.
Sec. 31-227. Payment of benefits. Disqualifying services. Offsets and deductions: Pensions, child support obligations and state, federal and local income taxes.
(a) Benefits shall be payable only to individuals who are unemployed and are eligible
for benefits. Benefits shall be payable only out of the Unemployment Compensation
Fund.
(b) All benefits shall be payable through the state public employment bureaus or
such other public agencies as the administrator, by regulations, may designate and at
such times and in such manner as he may prescribe.
(c) Whenever any benefit claimant dies leaving unpaid benefits due him in accordance with the provisions of this chapter, the administrator may, in his discretion, pay
the amount of such unpaid benefits in the manner set forth in section 45a-273, and such
payment shall discharge the administrator from liability to any person on account of
such benefits.
(d) Benefits based on service in employment defined in subdivisions (1) (C) and
(D) of subsection (a) of section 31-222 shall be payable in the same amount, on the
same terms and subject to the same conditions as compensation payable on the basis of
other service subject to this chapter; except that (1) with respect to weeks of unemployment beginning after December 31, 1977, benefits shall not be paid based on service
performed in an instructional, research or principal administrative capacity for an educational institution for any week of unemployment commencing during the period between
two successive academic years, or during a similar period between two regular terms,
whether or not successive, or during a period of paid sabbatical leave provided for in
the individual's contract, to any individual if such individual performs such services in
the first of such academic years (or terms) and if there is a contract or a reasonable
assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms; (2) with respect to
weeks of unemployment beginning after October 29, 1983, for service performed in
any other capacity for an educational institution, benefits shall not be paid on the basis
of such services to any individual for any week which commences during a period
between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance
that such individual will perform such services in the second of such academic years or
terms, except that if benefits are denied to any individual under this subdivision and
such individual is not offered an opportunity to perform such services for the educational
institution for the second of such academic years or terms, such individual shall be
entitled to a retroactive payment of benefits for each week for which the individual filed
a timely claim for benefits and for which benefits were denied solely by reason of this
subdivision; (3) with respect to weeks of unemployment beginning after March 31,
1984, for services described in subdivisions (1) and (2), benefits shall not be payable
on the basis of such services to any individual for any week which commences during
an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday
recess and there is a reasonable assurance that such individual will perform such services
in the period immediately following such vacation period or holiday recess; (4) with
respect to weeks of unemployment beginning after March 31, 1984, for services described in subdivisions (1) and (2), benefits shall not be payable on the basis of such
services under the circumstances prescribed in subdivisions (1), (2) and (3) to any individual who performed such services in an educational institution while in the employ
of an educational service agency. For purposes of this subdivision the term "educational
service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or
more educational institutions.
(e) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or
preparing to so participate, for any week which commences during the period between
two successive sport seasons (or similar periods) if such individual performed such
services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or
similar periods).
(f) (A) Benefits shall not be payable on the basis of services performed by an alien
unless such alien is an individual who was lawfully admitted for permanent residence
at the time such services were performed, was lawfully present for purposes of performing such services or was permanently residing in the United States under color of
law at the time such services were performed (including an alien who is lawfully present
in the United States as a result of the application of the provisions of Section 203(a)(7) or
Section 212(d)(5) of the Immigration and Nationality Act). (B) Any data or information
required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants
for benefits. (C) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable
because of his alien status shall be made except upon a preponderance of the evidence.
(g) With respect to benefit years beginning on or after October 1, 1981, for any
week with respect to which an individual is receiving a pension, which shall include a
governmental or other pension, retirement or retired pay, annuity, or any other similar
periodic payment, under a plan maintained or contributed to by a base period employer,
the weekly benefit rate payable to such individual for such week shall be reduced by
the prorated weekly amount of the pension. If contributions were made to the pension
plan by the individual, the prorated weekly pension amount shall be reduced by the
proportion that such individual's contributions bear to the total of all payments for such
individual into the plan, except that if the pension is paid under the Social Security
Act, the individual's contributions to the plan shall reduce the prorated weekly pension
amount by one hundred per cent. If, as a result of the reduction made under the provisions
of this subsection, the individual's weekly benefit rate is not a whole dollar amount, the
weekly benefit rate payable to such individual shall be the next lower whole dollar
amount. No reduction shall be made under this subsection by reason of the receipt of a
pension, except in the case of pensions paid under the Social Security Act or the Railroad
Retirement Act of 1974, if the services performed by the individual during the base
period for such employer, or remuneration received for such services, did not affect the
individual's eligibility for, or increase the amount of, such pension, retirement or retired
pay, annuity, or similar payment.
(h) (1) An individual filing an initial claim for unemployment compensation shall,
at the time of filing such claim, disclose whether or not the individual owes child support
obligations as defined under subdivision (6) of this subsection. If any such individual
discloses that he or she owes child support obligations and has been determined to be
eligible for unemployment compensation, the administrator shall notify the state or
local child support enforcement agency enforcing such obligation that the individual is
eligible for unemployment compensation.
(2) The administrator shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations (A) the amount
specified by the individual to the administrator to be deducted and withheld under this
subsection, if neither subparagraph (B) nor (C) is applicable, or (B) the amount determined pursuant to an agreement submitted to the administrator under Section
654(20)(B)(i) of the Social Security Act by the state or local child support enforcement
agency, unless subparagraph (C) is applicable, or (C) any amount otherwise required
to be so deducted and withheld from such unemployment compensation pursuant to
legal process, as defined in Section 662(e) of the Social Security Act, properly served
upon the administrator.
(3) Any amount deducted and withheld under subdivision (2) shall be paid by the
administrator to the appropriate state or local child support enforcement agency.
(4) Any amount deducted and withheld under subdivision (2) shall for all purposes
be treated as if it were paid to the individual as unemployment compensation and paid
by such individual to the state or local child support enforcement agency in satisfaction
of the individual's child support obligations.
(5) This subsection shall be applicable only if appropriate arrangements have been
made for reimbursement by the state or local child support enforcement agency for
the administrative costs incurred by the administrator under this subsection which are
attributable to child support obligations being enforced by such state or local child
support enforcement agency.
(6) For purposes of this subsection, the term "unemployment compensation" means
any compensation payable under this chapter, including amounts payable by the administrator pursuant to an agreement under any federal law providing for compensation,
assistance, or allowances with respect to unemployment; "child support obligations"
includes only obligations which are being enforced pursuant to a plan described in
Section 654 of the Social Security Act which has been approved by the Secretary of
Health and Human Services under Part D of Title IV of the Social Security Act; and
"state or local child support enforcement agency" means any agency of this state or a
political subdivision thereof operating pursuant to a plan described in Section 654 of
the Social Security Act which has been approved by the Secretary of Health and Human
Services under Part D of Title IV of the Social Security Act.
(i) (1) An individual filing a new claim for unemployment compensation shall at
the time of filing such claim be advised that: (A) Unemployment compensation is subject
to federal, state and local income tax; (B) requirements exist pertaining to estimated tax
payments; (C) the individual may elect to have federal income tax deducted and withheld
from the individual's payment of unemployment compensation at the amount specified
in the federal Internal Revenue Code; (D) the individual may elect to have state income
tax deducted and withheld from the individual's payment of unemployment compensation at the rate of three per cent; (E) the individual shall be permitted to change a previously elected withholding status one time in a benefit year; and (F) an individual who
elects deductions pursuant to subparagraph (C) or (D) of this subdivision shall be subject
to deductions pursuant to subparagraphs (C) and (D) of this subdivision. (2) Amounts
deducted and withheld from unemployment compensation shall remain in the Unemployment Compensation Fund until transferred to the federal or state taxing authority
as a payment of income tax. (3) The commissioner shall follow all procedures specified
by the United States Department of Labor and the federal Internal Revenue Service
pertaining to the deducting and withholding of federal and state income taxes. (4)
Amounts shall be deducted and withheld in accordance with any regulations adopted
by the commissioner to implement the provisions of this subsection. (5) For purposes
of this subsection, "unemployment compensation" means any compensation payable
under this chapter, including amounts payable by the administrator pursuant to an
agreement under any federal law providing for compensation, assistance or allowances
with respect to unemployment.
(j) On and after January 1, 1997, the administrator shall deduct and withhold federal
income tax from benefits payable to any individual who elected to have such deductions
and withholdings under subsection (i) of this section.
(1949 Rev., S. 7500; 1971, P.A. 835, S. 11; P.A. 77-426, S. 3, 19; P.A. 78-368, S. 7, 11; P.A. 81-318, S. 5, 8; P.A. 82-361, S. 8; P.A. 83-547, S. 4, 12; 83-587, S. 50, 96; Dec. Sp. Sess. P.A. 83-1, S. 1, 2; P.A. 90-314, S. 2, 3; P.A. 96-206, S.
1; P.A. 04-214, S. 3.)
History: 1971 act divided section into Subsecs. and added Subsec. (d) re basis for payment of benefits; P.A. 77-426
added provisions re payments for service performed after December 31, 1977, in Subsec. (d) and added Subsecs. (e) and
(f) re payment of benefits to those in sports and for aliens; P.A. 78-368 specified applicability to weeks of unemployment
rather than to weeks of service performed in Subsec. (d) and reworded Subdiv. (2) for clarity; P.A. 81-318 added Subsec.
(g) concerning reductions in benefits for those receiving pensions; P.A. 82-361 added Subsec. (h), which provided a process
for the deduction of child support payments from unemployment compensation benefits paid to claimants who have child
support obligations; P.A. 83-547 amended Subsec. (g) to provide that the weekly benefit rate, after reduction pursuant to
this section, shall be rounded to the next lower, rather than higher, dollar; P.A. 83-587 made technical changes in Subsec.
(h); Dec. Sp. Sess. P.A. 83-1 amended Subsec. (d) to remove obsolete language, to establish that, beginning October 29,
1983, all nonprofessional educational employees be denied benefits between academic years and terms if they are likely
to be rehired, to provide for retroactive payments to those who are not rehired, to deny payments to educational employees
for vacation periods and holidays, and to treat educational service agency employees the same as educational employees
for the payment of benefits, in order to conform with federal requirements; P.A. 90-314 amended Subsec. (f) to conform
the language to the form required by federal regulation; P.A. 96-206 added Subsecs. (i) and (j) establishing provisions for
the withholding of taxes from unemployment benefits; P.A. 04-214 amended Subsec. (g) to make technical changes and
to eliminate benefit reduction for individuals receiving a Social Security pension.
Where employer had designated vacation period under contract with union, plaintiff not unemployed. 136 C. 482.
Cited. 142 C. 163.
Where cessation of work was voluntary on plaintiff's part, through agency of union, plaintiffs not entitled to benefits.
25 CS 295.
Sec. 31-228. Benefit for total unemployment. An eligible individual who is totally unemployed throughout a week, which shall be, at the discretion of the administrator, either a calendar week or a payroll week of seven consecutive days as determined
by the administrator, shall be paid, with respect to such week, an amount equal to his
total unemployment benefit rate for the benefit year during which such week of unemployment occurs. An individual shall be deemed to be totally unemployed throughout
a week if he has performed during that week no services for which remuneration of any
nature is payable, except service performed in the employ of any town, city or other
political subdivision, which service is performed in lieu of payment of any delinquent
tax payable to such town, city or other political subdivision and for which no other
remuneration is payable and has not engaged in any self-employment.
(1949 Rev., S. 7501; P.A. 78-307, S. 1.)
History: P.A. 78-307 added exception for service performed in employ of towns, cities, etc. in lieu of payment of
delinquent tax.
Cited. 136 C. 485. Plaintiff held unemployed during period of shutdown beyond one-week vacation to which he was
entitled. 138 C. 253. Cited. 161 C. 362. Cited. 175 C. 269, 278. Section contemplates an employer-employee relationship;
in order to be considered "totally unemployed", one must first be "unemployed". 245 C. 744.
Section does not apply to holiday pay. 15 CS 501.
Sec. 31-229. Benefit for partial unemployment. An eligible individual who is
partially unemployed throughout a week, which shall be, at the discretion of the administrator, either a calendar week or a payroll week of seven consecutive days as determined
by the administrator, shall be paid with respect to such week an amount equal to his
benefit rate for total unemployment reduced by an amount equal to two-thirds, rounded
to the next higher whole dollar, of the total remuneration, rounded to the nearest whole
dollar, of any nature payable to him for services of any kind during such week, except
service performed in the employ of any town, city or other political subdivision, which
service is performed in lieu of payment of any delinquent tax payments to such town,
city or other political subdivision. An individual shall be deemed to be partially unemployed in any week of less than full-time work if the total remuneration of any nature
payable to him for services of any kind during such week, except service performed in
the employ of any town, city or other political subdivision, which service is performed
in lieu of payment of any delinquent tax payments to such town, city or other political
subdivision, amounts to less than one and one-half times his benefit rate for total unemployment rounded to the next highest dollar. For purposes of this section, remuneration
shall also include any holiday pay payable with respect to any such week, whether or
not any service was performed during such week or was in any other way required for
receipt of such holiday pay. For purposes of this section, the administrator shall consider
earnings derived from self-employment, but only to the extent such earnings are actually
received or payable with respect to a given week of partial unemployment.
(1949 Rev., S. 7502; 1967, P.A. 790, S. 8; P.A. 78-307, S. 2; P.A. 83-539; 83-547, S. 3, 12; P.A. 94-116, S. 19, 28.)
History: 1967 act provided for payment of amount "equal to his benefit rate ... reduced by an amount equal to two-thirds rounded to the nearest whole dollar of the total remuneration" rather than of amount "equal to the excess of his
benefit rate over the total remuneration", provided for rounding of total remuneration, deleted provision which stated
that first three dollars of remuneration and fractions of dollars be disregarded "provided his weekly benefit for partial
unemployment shall in no event exceed his benefit rate for total unemployment" and changed basis for determination of
partial unemployment from three dollars more than benefit rate for total unemployment to one and one-half times that rate;
P.A. 78-307 added exception re service in employ of towns, etc. performed in lieu of delinquent tax payment; P.A. 83-539 provided that "remuneration" includes holiday pay, whether or not services were required for receipt of such pay and
excludes services performed in lieu of payment of delinquent taxes; P.A 83-547 provided that an individual who is partially
unemployed shall have his maximum benefit rate reduced by an amount equal to two-thirds of remuneration received,
rounded to the next higher, rather than "nearest", dollar; P.A. 94-116 added a provision requiring the administrator to
consider earnings derived from self-employment, but only to the extent that the earnings are actually received as payable
with respect to a given week of partial employment, effective July 1, 1994.
Cited. 136 C. 485; 137 C. 695. Holiday pay held to constitute correct remuneration for the purposes of this section. 146
C. 264. Cited. 175 C. 269, 278. Cited. 177 C. 593, 595. Cited. 184 C. 317-319. Cited. 196 C. 440, 448, 449.
Cited. 15 CS 501.
Sec. 31-230. Benefit year, base period and alternative base period. Regulations. (a) An individual's benefit year shall commence with the beginning of the week
with respect to which the individual has filed a valid initiating claim and shall continue
through the Saturday of the fifty-first week following the week in which it commenced,
provided no benefit year shall end until after the end of the third complete calendar
quarter, plus the remainder of any uncompleted calendar week that began in such quarter,
following the calendar quarter in which it commenced, and provided further, the benefit
year of an individual who has filed a combined wage claim, as described in subsection
(b) of section 31-255, shall be the benefit year prescribed by the law of the paying state.
In no event shall a benefit year be established before the termination of an existing benefit
year previously established under the provisions of this chapter. Except as provided in
subsection (b) of this section, the base period of a benefit year shall be the first four of
the five most recently completed calendar quarters prior to such benefit year, provided
such quarters were not previously used to establish a prior valid benefit year and provided
further, the base period with respect to a combined wage claim, as described in subsection
(b) of section 31-255, shall be the base period of the paying state, except that for any
individual who is eligible to receive or is receiving workers' compensation or who is
properly absent from work under the terms of the employer's sick leave or disability
leave policy, the base period shall be the first four of the five most recently worked
quarters prior to such benefit year, provided such quarters were not previously used to
establish a prior valid benefit year and provided further, the last most recently worked
calendar quarter is no more than twelve calendar quarters prior to the date such individual
makes an initiating claim. As used in this section, an initiating claim shall be deemed
valid if the individual is unemployed and meets the requirements of subdivisions (1)
and (3) of subsection (a) of section 31-235. The base period of an individual's benefit
year shall include wages paid by any nonprofit organization electing reimbursement in
lieu of contributions, or by the state and by any town, city or other political or governmental subdivision of or in this state or of any municipality to such person with respect to
whom such employer is subject to the provisions of this chapter. With respect to weeks
of unemployment beginning on or after January 1, 1978, wages for insured work shall
include wages paid for previously uncovered services. For purposes of this section, the
term "previously uncovered services" means services that (1) were not employment, as
defined in section 31-222, and were not services covered pursuant to section 31-223,
at any time during the one-year period ending December 31, 1975; and (2)(A) are agricultural labor, as defined in subparagraph (H) of subdivision (1) of subsection (a) of section
31-222, or domestic service, as defined in subparagraph (J) of subdivision (1) of subsection (a) of section 31-222, or (B) are services performed by an employee of this state
or a political subdivision of this state, as provided in subparagraph (C) of subdivision
(1) of subsection (a) of section 31-222, or by an employee of a nonprofit educational
institution that is not an institution of higher education, as provided in subparagraph
(E)(iii) of subdivision (1) of subsection (a) of section 31-222, except to the extent that
assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of
1974 was paid on the basis of such services.
(b) For a period from January 1, 2003, to December 31, 2005, or three calendar
years from the date of implementation of this section, whichever is later, the base period
of a benefit year for any individual who is ineligible to receive benefits using the base
period set forth in subsection (a) of this section shall be the four most recently completed
calendar quarters prior to the individual's benefit year, provided such quarters were not
previously used to establish a prior valid benefit year, except that for any such individual
who is eligible to receive or is receiving workers' compensation or who is properly
absent from work under the terms of an employer's sick leave or disability leave policy,
the base period shall be the four most recently worked calendar quarters prior to such
benefit year, provided such quarters were not previously used to establish a prior valid
benefit year and provided further, the last most recently worked calendar quarter is not
more than twelve calendar quarters prior to the date such individual makes the initiating
claim. If the wage information for an individual's most recently worked calendar quarter
is unavailable to the administrator from regular quarterly reports of systematically accessible wage information, the administrator shall promptly contact the individual's employer to obtain such wage information.
(c) On or before July 1, 2003, the administrator shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section,
provided the administrator may implement the provisions of this section prior to the
adoption of such regulations. Such regulations shall specify the manner and format in
which the administrator shall:
(1) Provide written notice to individuals of the potential availability of the alternative base period calculation set forth in subsection (b) of this section; and
(2) Promptly obtain wage information from an employer in order to calculate the
alternative base period set forth in subsection (b) of this section.
(1949 Rev., S. 7503; 1949, 1953, S. 3068d; 1969, P.A. 700, S. 4; 1971, P.A. 835, S. 12; P.A. 73-78; P.A. 75-334; 75-525, S. 7, 13; P.A. 77-115; 77-426, S. 5, 19; P.A. 79-40; 79-376, S. 30; P.A. 83-421; May 9 Sp. Sess. 02-7, S. 69.)
History: 1969 act made minor wording changes for clarity; 1971 act added reference to "governmental" subdivisions
and included wages paid by nonprofit organizations electing reimbursement in lieu of contributions; P.A. 73-78 clarified
continuation of benefit year as "through the Saturday of the fifty-first week following the week in which it commenced"
and prohibited establishment of new benefit year before termination of existing benefit year; P.A. 75-334 added exception
re benefit year base period for those eligible to receive or receiving workmen's compensation; P.A. 75-525 required that
benefit year and benefit period of claimant's filing combined claim be that prescribed by paying state; P.A. 77-115 required
that last most recently worked quarter be no more than twelve, rather than four, quarters before claim made in provision
re those receiving or eligible to receive workmen's compensation; P.A. 77-426 added provisions re weeks of unemployment
beginning on and after January 1, 1978; P.A. 79-40 excluded use of quarters used previously to establish prior benefit year
in establishing base period for subsequent benefit year; P.A. 79-376 substituted "workers'" for "workmen's" compensation;
P.A. 83-421 provided that, for any individual who is properly on sick or disability leave from his employment, the base
period will be the first four of the five most recently worked quarters prior to the benefit year; (Revisor's note: In 1991
the reference to "this subsection" was changed editorially by the Revisors to read "this section"); May 9 Sp. Sess. P.A.
02-7 designated existing provisions as Subsec. (a) and made technical changes therein, added new Subsec. (b) to establish
a temporary, alternative method for calculating the base period of a benefit year for individuals ineligible to receive benefits
using the original base period set forth in Subsec. (a), and added new Subsec. (c) to require the administrator to adopt
regulations implementing the alternative base period authorized by Subsec. (b), effective August 15, 2002.
Section is constitutional; does not impair vested rights. 137 C. 129. Workers' compensation benefits do not qualify as
"wages" within meaning of Sec. 31-222(b)(1) and therefore could not be used to determine the base period of a benefit
year under the section. 239 C. 233.
Cited. 17 CA 441, 445.
Cited. 44 CS 285.
Sec. 31-231. Total unemployment benefit rate. Section 31-231 is repealed.
(1949 Rev., S. 7504; 1953, 1955, S. 3069d; 1957, P.A. 464, S. 1; 1959, P.A. 680, S. 1; February, 1965, P.A. 550, S. 1;
1967, P.A. 790, S. 23.)
Sec. 31-231a. Total unemployment benefit rate. (a) For a construction worker
identified pursuant to regulations adopted in accordance with subsection (c) of this
section, the total unemployment benefit rate for the individual's benefit year commencing on or after April 1, 1996, shall be an amount equal to one twenty-sixth, rounded to
the next lower dollar, of his total wages paid during that quarter of his current benefit
year's base period in which wages were the highest but not less than fifteen dollars nor
more than the maximum benefit rate as provided in subsection (b) of this section.
(b) For an individual not included in subsection (a) of this section, the individual's
total unemployment benefit rate for his benefit year commencing after September 30,
1967, shall be an amount equal to one twenty-sixth, rounded to the next lower dollar,
of the average of his total wages, as defined in subdivision (1) of subsection (b) of section
31-222, paid during the two quarters of his current benefit year's base period in which
such wages were highest but not less than fifteen dollars nor more than one hundred
fifty-six dollars in any benefit year commencing on or after the first Sunday in July,
1982, nor more than sixty per cent rounded to the next lower dollar of the average wage
of production and related workers in the state in any benefit year commencing on or
after the first Sunday in October, 1983, and provided the maximum benefit rate in any
benefit year commencing on or after the first Sunday in October, 1988, shall not increase
more than eighteen dollars in any benefit year, such increase to be effective as of the first
Sunday in October of such year. The average wage of production and related workers in
the state shall be determined by the administrator, on or before August fifteenth annually,
as of the year ended the previous June thirtieth to be effective during the benefit year
commencing on or after the first Sunday of the following October and shall be so determined in accordance with the standards for the determination of average production
wages established by the United States Department of Labor, Bureau of Labor Statistics.
(c) The administrator shall adopt regulations pursuant to the provisions of chapter 54
to implement the provisions of this section. Such regulations shall specify the National
Council on Compensation Insurance employee classification codes which identify construction workers covered by subsection (a) of this section and specify the manner and
format in which employers shall report the identification of such workers to the administrator.
(1967, P.A. 790, S. 9; P.A. 82-448, S. 1, 3; P.A. 83-547, S. 2, 12; P.A. 88-228; P.A. 93-243, S. 4, 15; P.A. 95-323, S.
7, 8.)
History: P.A. 82-448 raised maximum dollar amount of benefit from one hundred forty-six dollars to one hundred fifty-six dollars per benefit year for years commencing on or after the first Sunday in July, 1982, deleting obsolete reference to
seventy-dollar maximum for benefit year commencing Oct. 5, 1968, and raised yearly cap on rate increases from six to
twelve dollars for benefit years commencing on or after the first Sunday in October, 1983, revising other obsolete date
references as necessary; P.A. 83-547 provided that the total unemployment benefit rate shall be rounded to the next lower,
rather than higher, dollar; P.A. 88-228 raised the yearly cap on rate increases from twelve to eighteen dollars for benefit
years commencing on or after the first Sunday in October, 1988; P.A. 93-243 changed the formula for calculating total
unemployment benefit rate from one twenty-sixth of total wages earned during quarter when earnings are highest to one
twenty-sixth of average of total wages earned during two quarters when earnings are highest, effective July 1, 1994; P.A.
95-323 inserted new Subsecs. (a) specifying a new total unemployment benefit rate for construction workers, and (c) re
adoption of regulations and made technical corrections in prior provisions, now designated as Subsec. (b), effective October
1, 1995, and applicable to any separation of employment occurring on or after that date.
Sec. 31-231b. Maximum limitation on total benefits. Except as provided in sections 31-232a to 31-232k, inclusive, no individual shall receive benefits for unemployment occurring during his benefit year commencing after September 30, 1967, in excess
of twenty-six times his total unemployment benefit rate.
(1967, P.A. 790, S. 10; October, 1970, P.A. 1, S. 10; P.A. 77-426, S. 9, 19; P.A. 81-17, S. 3, 9.)
History: 1970 act added reference to Secs. 31-232b to 31-232j; P.A. 77-426 deleted provision prohibiting receipt of
benefits exceeding seventy-five per cent of total earnings in base period of benefit year, including dependency allowances;
P.A. 81-17 included Sec. 31-232k within the exception to the terms of this section.
Sec. 31-232. Maximum limitation on total benefits. Section 31-232 is repealed.
(1949 Rev., S. 7505; 1949, S. 1329b; 1953, 1955, S. 3070d; 1957, P.A. 464, S. 2; 1959, P.A. 680, S. 2; February, 1965,
P.A. 550, S. 2; 1967, P.A. 790, S. 23.)
Sec. 31-232a. Additional benefits payable during periods of substantial unemployment. When an extended benefit period is in effect as provided in section 31-232b,
each person who, prior to the expiration of his current benefit year, has received the
maximum amount of benefits to which he is entitled, under the provisions of section 31-231b, shall be entitled to receive, except as hereinafter provided and except as provided in
section 31-232h, during the balance of his current benefit year, at his current benefit
rate and dependency allowances thirteen times his benefit rate for total unemployment
and dependency allowances. No person who is eligible to receive benefits under an Act
of Congress providing for unemployment compensation benefits, pursuant to a contract
entered into by the administrator, shall receive benefits under this section until he has
received the full amount of his entitlement under such Act of Congress.
(1959, P.A. 680, S. 3; 1961, P.A. 589; 1967, P.A. 790, S. 11; 1969, P.A. 510; October, 1970, P.A. 1, S. 11; 1971, P.A.
835, S. 13; P.A. 76-414, S. 1; P.A. 82-361, S. 2, 10.)
History: 1961 act clarified provisions and required that benefits be paid under act of Congress if person is eligible for
such benefits before payment is made under this section and limited benefits to not more than thirty-nine times the total
unemployment benefit rate; 1967 act deleted provisions re "durational" amount of payments and limited benefits to not
more than seventy-five per cent of total earnings in base period of benefit year including dependency allowances; 1969
act deleted provision which limited benefits to no more than thirty-nine times the total unemployment benefit rate and no
more than seventy-five per cent of total earnings in base period of benefit year including dependency allowances; 1970
act added exception re Sec. 31-232h; 1971 act redefined "rate of insured unemployment"; P.A. 76-414 made provisions
applicable to extended benefit periods rather than to periods of substantial unemployment, deleting provision authorizing
administrator to determine rate of insured unemployment and deleting definition of "rate of insured unemployment"; P.A.
82-361 deleted reference to benefit periods in effect solely by reason of a national "on" indicator in keeping with amendment
to Sec. 31-232b made by the act, effective September 26, 1982.
Sec. 31-232b. Extended benefits: Definitions. As used in subsection (d) of section 31-222 and sections 31-231b, 31-232a to 31-232k, inclusive, 31-236(a)(8) and 31-250, unless the context clearly requires otherwise:
(a) (1) "Extended benefit period" means a period which (A) begins with the third
week after a week for which there is a state "on" indicator; and (B) ends with either of
the following weeks, whichever occurs later: (i) The third week after the first week for
which there is a state "off" indicator; or (ii) the thirteenth consecutive week of such
period; provided no extended benefit period may begin by reason of a state "on" indicator
before the fourteenth week following the end of a prior extended benefit period which
was in effect with respect to this state.
(2) With respect to benefits for weeks of unemployment beginning after September
26, 1982, there is a state "on" indicator for a week if, for the period consisting of such
week and the immediately preceding twelve weeks, the rate of insured unemployment,
as defined in subdivision (4) of this subsection, (A) equaled or exceeded five per cent
and equaled or exceeded one hundred twenty per cent of the average of such rates for
the corresponding thirteen-week period ending in each of the preceding two calendar
years, or (B) equaled or exceeded six per cent.
(3) With respect to benefits for weeks of unemployment beginning after June 23,
1993, there is a state "on" indicator for a week if the average rate of total unemployment
in the state, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before
the close of such week (A) equals or exceeds six and one-half per cent, and (B) equals
or exceeds one hundred ten per cent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years.
(4) There is a state "off" indicator for a week only if, for the period consisting of
such week and the immediately preceding twelve weeks, none of the options specified
in subdivisions (2) and (3) of this section result in an "on" indicator.
(5) "Rate of insured unemployment", for the purposes of subdivisions (2) and (3)
of this subsection, means the percentage derived by dividing (A) the average weekly
number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent thirteen-consecutive-week period, as determined by the administrator on the basis of his reports to the United States Secretary of
Labor, by (B) the average monthly employment covered under the provisions of this
chapter, for the first four of the most recent six completed calendar quarters ending
before the end of such thirteen-week period.
(6) "Regular benefits" means benefits payable to an individual under this chapter,
or under any other state law, including benefits payable to federal civilian employees
and to ex-servicemen pursuant to 5 USC Chapter 85, other than extended benefits and
additional benefits.
(7) "Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 USC Chapter 85, payable to an individual under the provisions of subsection (d) of section 31-222 and sections 31-231b,
31-232a to 31-232k, inclusive, 31-236(a)(8) and 31-250 for weeks of unemployment
in his eligibility period.
(8) "Additional benefits" means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions
of section 31-232a.
(9) "Eligibility period" of an individual means the period consisting of the weeks
in his benefit year which begin in an extended benefit period and, if his benefit year
ends within such extended benefit period, any weeks thereafter which begin in such
period.
(10) "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: (A) Has received, prior to such week, all of the regular
benefits that were available to him under this chapter, or any other state law, including
dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 USC Chapter 85, in his current benefit year that includes such week;
provided, for the purposes of this subparagraph, an individual shall be deemed to have
received all of the regular benefits that were available to him although, as a result of a
pending appeal with respect to wages or employment or both that were not considered
in the original monetary determination in his benefit year, he may subsequently be
determined to be entitled to added regular benefits; or (B) his benefit year having expired
prior to such week, has no, or insufficient, wages or employment or both on the basis
of which he could establish a new benefit year that would include such week; and (C)
(i) has no right to unemployment benefits or allowances, as the case may be, under the
Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965 and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and (ii) has not received and is
not seeking unemployment benefits under the unemployment compensation law of the
Virgin Islands or of Canada, provided that the reference to the Virgin Islands shall be
inapplicable effective on the day after the day on which the United States Secretary of
Labor approves under Section 3304(a) of the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of the United States, as from time to
time amended, an unemployment compensation law submitted to the Secretary by the
Virgin Islands for approval; but, if he is seeking such benefits and the appropriate agency
finally determines that he is not entitled to benefits under such law, he is considered an
exhaustee.
(11) "State law" means the unemployment insurance law of any state, approved by
the United States Secretary of Labor under Section 3304 of the Internal Revenue Code
of 1986, or any subsequent corresponding internal revenue code of the United States,
as from time to time amended.
(12) "High unemployment period" means any period during which an extended
benefit period would be in effect if subparagraph (A) of subdivision (3) of subsection
(a) of this section were applied by substituting eight per cent for six and one-half per cent.
(b) "Wages" means all remuneration for employment as defined in subsection (b)
of section 31-222.
(c) "Administrator" means the Labor Commissioner, as defined in subsection (c)
of section 31-222.
(October, 1970, P.A. 1, S. 1; P.A. 75-525, S. 8, 13; P.A. 77-426, S. 4, 19; P.A. 78-368, S. 8, 11; P.A. 81-6; 81-17, S.
2, 9; P.A. 82-361, S. 1, 10; P.A. 89-211, S. 32; P.A. 93-243, S. 12, 15; 93-419, S. 5, 6, 9.)
History: P.A. 75-525 added references to Sec. 31-222(d) and deleted references to Sec. 31-226(g); P.A. 77-426 redefined
state and national "on" and "off" indicators and clarified applicability re Virgin Islands in Subdiv. (11); P.A. 78-368
redefined state "on" and "off" indicators; P.A. 81-6 clarified the definitions of state "on" and "off" indicators in Subdivs.
(4) and (5) of Subsec. (a); P.A. 81-17 extended the use of such definitions to Sec. 31-232k; P.A. 82-361 removed the
national "on" and "off" indicators for extended benefits and increased the state "on" indicator to the following: (a) A rate
of insured unemployment which equals or exceeds five per cent, instead of four per cent, and which equals or exceeds one
hundred twenty per cent of the average rates for the corresponding period in the previous two calendar years, or (b) an
insured unemployment rate of six per cent or more, instead of five per cent, effective September 26, 1982; P.A. 89-211
clarified reference to the Internal Revenue Code of 1986; (Revisor's note: In 1991 references to "31-236(8)" were changed
editorially by the Revisors to read "31-236(a)(8)"); P.A. 93-243 amended Subsec. (a) to change the circumstances under
which a state "on" and "off" indicator is triggered, and to define "high unemployment period", effective June 23, 1993;
P.A. 93-419 amended Subsec. (a) to delete change re triggering of "on" indicator added by P.A. 93-243 in Subdiv. (2) and
amended Subdiv. (3) to require that condition set forth in both Subparas. (A) and (B) be met where previously either could
be met, effective July 1, 1993.
Cited. 40 CS 90, 91.
Subsec. (a):
Subdiv. (11) cited. 40 CS 305, 311.
Sec. 31-232c. Applicability of chapter. Except when the result would be inconsistent with the other provisions of subsection (d) of section 31-222 and sections 31-231b, 31-232a to 31-232k, inclusive, 31-236(a)(8) and 31-250, as provided in the regulations of the administrator, the provisions of this chapter, which apply to claims for, or
the payment of, regular benefits, including benefits for partial unemployment, shall
apply to claims for, and the payment of, extended benefits.
(October, 1970, P.A. 1, S. 2; P.A. 75-525, S. 9, 13; P.A. 81-17, S. 4, 9.)
History: P.A. 75-525 added reference to Sec. 31-222(d) and deleted reference to Sec. 31-226(g); P.A. 81-17 included
Sec. 31-232k within the exception to the terms of this section; (Revisor's note: In 1991 the reference to "31-236(8)" was
changed editorially by the Revisors to read "31-236(a)(8)").
Sec. 31-232d. Eligibility conditions. An individual shall be eligible to receive
extended benefits with respect to any week of unemployment in his eligibility period
only if the administrator finds that with respect to such week: (a) He is an "exhaustee"
as defined in section 31-232b (a)(9); (b) he has satisfied the requirements of this chapter,
for the receipt of regular benefits that are applicable to individuals claiming extended
benefits, including not being subject to a disqualification for the receipt of benefits,
except where such requirements are inconsistent with the requirements of subdivisions
(c) and (d) of this section; (c) he has been paid wages, by an employer subject to the
provisions of this chapter, during the base period of his applicable benefit year (1) in
an amount equal to at least one and one-half times the wages paid during that quarter
of the base period of his applicable benefit year in which such wages were highest, (2) in
an amount equal to at least forty times his most recent weekly benefit amount, including
dependents' allowances, or (3) for twenty different weeks; and (d) he has not been found
ineligible for failure to apply for or accept suitable work or for failure to actively seek
work, as provided in section 31-232l.
(October, 1970, P.A. 1, S. 3; P.A. 82-361, S. 3, 10; P.A. 93-243, S. 13, 15.)
History: P.A. 82-361 required that, for an individual to be eligible for extended benefits, his base period earnings equal
at least one and one-half times the highest quarter's earnings in his base period and that he has actively sought work as
required in Sec. 31-232l, effective September 26, 1982; P.A. 93-243 added Subdivs. (2) and (3) to Subsec. (c) to expand
eligibility for extended benefits, effective June 23, 1993.
Sec. 31-232e. Weekly extended benefit amount. The weekly extended benefit
amount payable to an individual for a week of total unemployment in his eligibility
period shall be an amount equal to the weekly basic or augmented benefit amount,
whichever is appropriate, payable to him during his applicable benefit year. For any
individual who was paid benefits during the applicable benefit year in accordance with
more than one weekly basic or augmented benefit amount, whichever is appropriate, the
weekly extended benefit amount shall be the average of such weekly basic or augmented
benefit amounts, whichever are appropriate.
(October, 1970, P.A. 1, S. 4.)
Sec. 31-232f. Total extended benefit amount. (a) Except as provided in subsections (b) and (c) of this section, the total extended benefit amount payable to any eligible
individual with respect to his applicable benefit year shall be the least of the following
amounts: (1) Fifty per cent of the total amount of regular benefits, including dependents'
allowances, which were payable to him under this chapter, in his applicable benefit
year; and (2) thirteen times his average weekly benefit amount, including dependents'
allowances, which was payable to him under this chapter, for a week of total unemployment in the applicable benefit year.
(b) With respect to weeks of unemployment which begin in a high unemployment
period, as defined in subdivision (12) of subsection (a) of section 31-232b, the total
extended benefit amount payable to any eligible individual with respect to his benefit
year shall be the least of the following amounts: (1) Eighty per cent of the total amount
of regular benefits, including dependents' allowances, which were payable to him under
this chapter, in his applicable benefit year; and (2) twenty times his average weekly
benefit amount, including dependents' allowances, which was payable to him under
this chapter, for a week of total unemployment in the applicable benefit year.
(c) Notwithstanding any other provisions of this chapter, if the benefit year of any
individual ends within an extended benefit period, the remaining balance of extended
benefits that such individual would be entitled to receive in that extended benefit period,
with respect to weeks of unemployment beginning after the end of the benefit year, shall
be reduced by the product of the number of weeks for which the individual received
any amounts as trade readjustment allowances under the Trade Act of 1974 within that
benefit year, multiplied by the individual's weekly benefit amount for extended benefits.
(October, 1970, P.A. 1, S. 5; P.A. 82-361, S. 5; P.A. 93-243, S. 14, 15.)
History: P.A. 82-361 added Subsec. (b) to limit an individual's combined trade adjustment assistance and unemployment
compensation to a maximum of fifty-two weeks; P.A. 93-243 inserted new Subsec. (b) increasing the total extended benefit
amount for eligible individuals who become unemployed during a high unemployment period and redesignated existing
Subsec. (b) as Subsec. (c), effective June 23, 1993.
Sec. 31-232g. Public announcements and computations by administrator. (a)
Whenever an extended benefit period is to become effective or is to be terminated in
this state, the administrator shall make an appropriate public announcement.
(b) Computations required by the provisions of section 31-232b (a)(4) shall be made
by the administrator, in accordance with regulations prescribed by the United States
Secretary of Labor.
(October, 1970, P.A. 1, S. 6; P.A. 82-361, S. 4, 10.)
History: P.A. 82-361 removed all references to "on" and "off" indicators in keeping with amendments to Sec. 31-232b
made by the act, effective September 26, 1982.
Sec. 31-232h. Additional benefits payable, when. No individual shall receive
both extended benefits and additional benefits during or in respect to the same week.
An individual may become eligible to receive additional benefits under section 31-232a
with respect to a week of unemployment only if he is not eligible to receive extended
benefits under subsection (d) of section 31-222 and sections 31-231b, 31-232a to 31-232k, inclusive, 31-236(a)(8) and 31-250 with respect to such week.
(October, 1970, P.A. 1, S. 7; P.A. 75-525, S. 10, 13; P.A. 81-17, S. 5, 9.)
History: P.A. 75-525 added reference to Sec. 31-222(d) and deleted reference to Sec. 31-226(g); P.A. 81-17 provided
that an individual may be denied additional benefits if he is eligible to receive extended benefits under the terms of Sec.
31-232k; (Revisor's note: In 1991 the reference to "31-236(8)" was changed editorially by the Revisors to read "31-236(a)(8)").
Sec. 31-232i. Administrator's duties with respect to federal act. In the administration of the provisions of subsection (d) of section 31-222 and sections 31-231b, 31-232a to 31-232k, inclusive, 31-236(a)(8) and 31-250, which are enacted to conform
with the requirements of the Federal-State Extended Unemployment Compensation Act
of 1970, the administrator shall take such action as may be necessary (1) to ensure that
the provisions are so interpreted and applied as to meet the requirements of such federal
act as interpreted by the United States Department of Labor and (2) to secure to this
state the full reimbursement of the federal share of extended benefits paid under said
sections that are reimbursable under the federal act.
(October, 1970, P.A. 1, S. 8; P.A. 75-525, S. 11, 13; P.A. 81-17, S. 6, 9.)
History: P.A. 75-525 added reference to Sec. 31-222(d) and deleted reference to Sec. 31-226(g); P.A. 81-17 added
reference to Sec. 31-232k; (Revisor's note: In 1991 the reference to "31-236(8)" was changed editorially by the Revisors
to read "31-236(a)(8)").
Sec. 31-232j. Extended benefits payable from Unemployment Compensation
Fund. Benefits payable under sections 31-232b to 31-232h, inclusive, and section 31-232k shall be payable out of the Unemployment Compensation Fund.
(October, 1970, P.A. 1, S. 14; P.A. 81-17, S. 7, 9.)
History: P.A. 81-17 added reference to benefits under Sec. 31-232k.
Sec. 31-232k. Interstate claims for extended benefits. (a) Except as provided in
subsection (b) of this section, an individual shall not be eligible for extended benefits
for any week if (1) extended benefits are payable for such week pursuant to an interstate
claim filed in any state under the interstate benefit payment plan, and (2) no extended
benefit period is in effect for such week in such state.
(b) Subsection (a) of this section shall not apply with respect to the first two weeks
for which extended benefits are payable pursuant to an interstate claim filed under the
interstate benefit payment plan to the individual with respect to the benefit year.
(P.A. 81-17, S. 1, 9.)
Sec. 31-232l. Ineligibility for extended benefits. Suitable work defined. Duties
of State Employment Service. (a) Notwithstanding the provisions of section 31-232c,
for weeks of unemployment beginning after March 31, 1981, an individual shall be
ineligible for payment of extended benefits for any week of unemployment in his eligibility period, and such ineligibility shall continue until such individual has again been
employed, under an express or implied contract of hire creating an employer-employee
relationship, in each of four subsequent weeks, whether or not consecutive, and has
earned not less than four times his weekly extended benefit amount, if the administrator
finds that during such week: (1) He failed to accept any offer of suitable work, as defined
under subsection (c) of this section, or failed to apply for any such suitable work to
which he was referred by the administrator; or (2) he failed to actively engage in seeking
work as prescribed under subsection (d) of this section.
(b) If the individual furnishes satisfactory evidence to the administrator that his
prospects for obtaining work in his customary occupation within a reasonably short
period are good, the determination of whether any work is suitable work with respect
to such individual shall be made in accordance with the definition of suitable work for
regular benefit claimants in subsection (a)(1) of section 31-236, without regard to the
definition specified by subsection (c) of this section.
(c) (1) For purposes of this section, "suitable work" means any work which is
within an individual's capabilities, provided that: (A) The gross average weekly remuneration payable for the work exceeds the sum of (i) the individual's weekly extended
benefit amount, as determined under section 31-232e, plus (ii) the amount, if any, of
supplemental unemployment benefits, as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of
the United States, as from time to time amended, payable to such individual for such
week; (B) the wage payable for the work is not less than the greater of the minimum
wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without
regard to any exemption, or the applicable state or local minimum wage, without regard
to any exemption; and (C) no work shall be deemed to be suitable work which does not
accord with the labor standard provisions required by Section 3304(a)(5) of the Internal
Revenue Code of 1986, or any subsequent corresponding internal revenue code of the
United States, as from time to time amended. (2) Notwithstanding the provisions of
subdivision (1) of subsection (a) of this section, an individual shall not be denied extended benefits for failure to accept an offer of or apply for any job which meets the
definition of suitability as described in this subsection if: (A) The position was not
offered to such individual in writing or was not listed with a state employment service;
and (B) such failure could not result in a denial of benefits under the definition of suitable
work for regular benefit claimants in section 31-236 to the extent that the criteria of
suitability in that section are not inconsistent with the provisions of this subsection.
(d) For the purposes of subdivision (2) of subsection (a) of this section, an individual
shall be treated as actively engaged in seeking work during any week if: (1) The individual has engaged in a systematic and sustained effort to obtain work during such week,
and (2) the individual furnishes tangible evidence that he has engaged in such effort
during such week.
(e) The Connecticut State Employment Service shall refer any claimant entitled
to extended benefits under this chapter to any suitable work which meets the criteria
prescribed in subsection (c) of this section.
(f) An individual shall be ineligible to receive extended benefits with respect to any
week of unemployment in his eligibility period if such individual has been disqualified
for regular or extended benefits under the provisions of this chapter because he voluntarily left work, was discharged for misconduct or failed to accept an offer of or apply for
suitable work unless such individual has terminated the disqualification imposed for
such reasons by again having been employed under an express or implied contract of
hire creating an employer-employee relationship.
(P.A. 81-318, S. 7, 8; P.A. 82-361, S. 9; P.A. 89-211, S. 33.)
History: P.A. 82-361 amended Subsec. (c) to provide that in Subdiv. (A), an individual will not be denied extended
benefits for failure to accept suitable work if either the position was not offered to the individual in writing, or it was not
listed with a state employment service where previously both conditions had to be satisfied; P.A. 89-211 clarified reference
to the Internal Revenue Code of 1986; (Revisor's note: In 1991 the reference in Subsec. (b) to "subsection (1)" was changed
editorially by the Revisors to read "subsection (a)(1)").
Subsec. (d):
Cited. 40 CS 90, 92.
Sec. 31-233. Temporary extended-duration benefits. Obsolete.
(March, 1958, P.A. 3, S. 1, 2.)
See Sec. 31-232a re additional benefits payable during periods of substantial unemployment.
Sec. 31-234. Dependency allowances. Each individual who is eligible to receive
benefits for unemployment with respect to any week shall be paid with respect to such
week a dependency allowance of fifteen dollars for such individual's nonworking
spouse, as defined by regulation, living in the same household with such individual
and for each of such individual's children or stepchildren who at the beginning of the
individual's current benefit year were being wholly or mainly supported by such individual and were under eighteen years of age or under twenty-one years of age and in full-time attendance in a secondary school, a technical school, a college, or state accredited
job training program, or who at the beginning of the individual's benefit year were
mentally or physically handicapped and because of such handicap were being wholly
or mainly supported by such individual, but in no event shall such allowances exceed
the number of whole dollars in one hundred per cent of the total unemployment benefit
rate of such individual or be paid with respect to more than five dependents. If the
individual acquires any additional dependents in the course of a benefit year, the dependency allowance shall be adjusted accordingly during the next following complete calendar week. Dependency allowances shall be in addition to the unemployment benefits
otherwise payable and shall not be considered part of an individual's total unemployment
benefit rate but shall be counted in the amount of maximum benefits provided in section
31-232a and no dependency allowance shall be payable with respect to any week unless
an unemployment benefit is also payable with respect to such week. If both a husband
and a wife receive benefits with respect to a week of unemployment, neither shall be
entitled to a dependency allowance with respect to the other and only one of them shall
be entitled to a dependency allowance with respect to any child or stepchild.
(1949 Rev., S. 7506; 1957, P.A. 464, S. 4; February, 1965, P.A. 550, S. 3; 1967, P.A. 790, S. 12; 1971, P.A. 341; P.A.
75-135; P.A. 77-426, S. 10, 19; P.A. 80-373, S. 1, 3; P.A. 99-154; June Sp. Sess. P.A. 99-1, S. 44, 51.)
History: 1965 act increased dependency allowance from four to five dollars and maximum age of dependents from
sixteen to seventeen; 1967 act allowed consideration of nonworking spouse living in same household as dependent, increased maximum age of children to eighteen and specified that where both spouses receive benefits neither qualifies as
a dependent; 1971 act authorized adjustment of dependency allowance if additional dependents are acquired; P.A. 75-135
authorized consideration of children under twenty-one as dependents if in full-time attendance in secondary or technical
school, college or job training program; P.A. 77-426 deleted reference to Sec. 31-231b; P.A. 80-373 increased dependency
allowance to ten dollars and limited payments to no more than five dependents; P.A. 99-154 increased weekly dependency
allowance from ten to fifteen dollars and raised dependency allowance cap from fifty to one hundred per cent of claimant's
weekly benefit rate; June Sp. Sess. P.A. 99-1 made provisions of P.A. 99-154 effective for benefit years commencing on
or after October 3, 1999, effective July 1, 1999.
Sec. 31-235. Benefit eligibility conditions; qualifications; involuntary retirees.
Reemployment services. Profiling system. (a) An unemployed individual shall be
eligible to receive benefits with respect to any week only if it has been found that (1)
he has made claim for benefits in accordance with the provisions of section 31-240 and
has registered for work at the public employment bureau or other agency designated by
the administrator within such time limits, with such frequency and in such manner as
the administrator may prescribe, provided failure to comply with this condition may be
excused by the administrator upon a showing of good cause therefor; (2) except as
provided in subsection (b) of this section, he is physically and mentally able to work
and is available for work and has been and is making reasonable efforts to obtain work,
provided he shall not be considered to be unavailable for work solely because he is
attending a school, college or university as a regularly enrolled student during his separation from employment, within the limitations of subdivision (a)(6) of section 31-236,
and provided further, he shall not be considered to be lacking in his efforts to obtain
work if, as a student, he restricts such efforts to employment which does not conflict
with his regular class hours as a student, and provided the administrator shall not use
prior "patterns of unemployment" of the individual to determine whether he is available
for work; (3) he has been paid wages by an employer who was subject to the provisions
of this chapter during the base period of his current benefit year in an amount at least
equal to forty times his benefit rate for total unemployment: Provided an unemployed
individual who is sixty-two years of age or older and is involuntarily retired under a
compulsory retirement policy or contract provision shall be eligible for benefits with
respect to any week, notwithstanding subdivisions (1) and (2) of this section, if it is
found by the administrator that he has made claim for benefits in accordance with the
provisions of section 31-240, has registered for work at the public employment bureau,
is physically and mentally able to work, is available for work, meets the requirements
of this subdivision and has not refused suitable work to which he has been referred
by the administrator; (4) he participates in reemployment services, such as job search
assistance services, if the individual has been determined to be likely to exhaust regular
benefits and need reemployment services pursuant to a profiling system established
by the administrator unless the administrator determines that (A) the individual has
completed such services or (B) there is justifiable cause for the individual's failure to
participate in such services. The administrator shall adopt regulations, in accordance
with the provisions of chapter 54, for the administration of the profiling system. For
purposes of subdivision (2) of this section, "patterns of unemployment" means regularly
recurring periods of unemployment of the claimant in the years prior to his filing the
claim in question.
(b) The provisions of subdivision (2) of subsection (a) of this section relating to the
eligibility of students for benefits shall not be applicable to any claimant who attended
a school, college or university as a regularly enrolled full-time student at any time during
the two years prior to his date of separation from employment, unless such claimant
was employed on a full-time basis, as determined by the administrator, for the two years
prior to such date.
(1949 Rev., S. 7507; 1953, S. 3072d; February, 1965, P.A. 550, S. 4; 1967, P.A. 790, S. 13, 23; 1971, P.A. 835, S. 14;
P.A. 73-106; 73-160; 73-671; P.A. 83-184, S. 1, 2; 83-470, S. 1, 3; P.A. 94-116, S. 15, 28.)
History: 1965 act changed wage amount referred to in Subdiv. (3) from three hundred to seven hundred fifty dollars;
1967 act changed amount referred to in Subdiv. (3) to thirty times his benefit rate for total unemployment; 1971 act deleted
provision in Subdiv. (2) which had prohibited requiring women to be available for work between one and six a.m.; P.A.
73-106 changed wage amount in Subdiv. (3) from thirty to forty times the benefit rate "or one and one-half times the
amount of his total wages paid during that quarter of his current benefit year's base period in which such wages were
highest", deleting proviso requiring that wages or earnings occur in two different calendar quarters; P.A. 73-160 added
proviso re persons sixty-two or older who are involuntarily retired; P.A. 73-671 deleted optional wage amount of one and
one-half total wages paid during quarter in which wages were highest in Subdiv. (3); P.A. 83-184 prohibited the administrator from using prior "patterns of unemployment" in determining the individual's availability for work and defined the
term; P.A. 83-470 provided that a claimant shall not be considered to be unavailable for work solely because he is a student
during his period of unemployment, and he shall not be considered to be lacking in his efforts to get work if he restricts
his efforts to employment which does not conflict with his school hours, within the limitations established in new Subsec.
(b); (Revisor's note: In 1991 the reference in Subsec. (a) to "subsection (6)" was changed editorially by the Revisors to read
"subsection (a)(6)"); P.A. 94-116 added a new Subdiv. (4) in Subsec. (a) requiring a claimant to participate in reemployment
services if the individual has determined to be more likely than not to exhaust regular benefits and need reemployment
services, effective July 1, 1994.
"Available for work" construed with respect to waitress. 126 C. 441. Depends on whether or not there is a labor market
for the work employee can do. 132 C. 651. Deliberate violation of reasonable rule in connection with work constitutes
"wilful misconduct". 133 C. 308. Rule forbidding solicitation for union membership in working hours reasonable. Id.,
310. The word "paid" does not mean "payable", and since all wages paid plaintiff were paid to him in one calendar quarter,
he was not eligible to receive unemployment benefits. 135 C. 667. Cited. 136 C. 389. Section is constitutional; does not
impair vested rights. 137 C. 129. A claimant who limits his availability for work because of personal reasons not related
to the employment is not entitled to compensation. Id., 438. Plaintiff eligible for benefits for period of shutdown beyond
the one-week vacation to which he was entitled. 138 C. 253. Under former statute, disqualification for attending school
did not apply after applicant had completed his studies. 139 C. 71. Power of court over commissioner's administrative
decisions is very limited. Id., 588. Cited. 171 C. 318. Delay of one thousand days in appellate determination of denial of
unemployment benefits constitutes good cause for suspending reporting requirement. 175 C. 269, 277, 278. Cited. Id.,
562, 566, 568. Cited. 184 C. 317, 323. Cited. 205 C. 623, 635, 637. Cited. 209 C. 381, 386.
Cited. 3 CA 264, 266. Cited. 4 CA 183, 185. "Quit to care" provision does not apply as an exception to the availability
provision of this section. 34 CA 620, 624-626, 628.
Qualifications to make claimants eligible for compensation are conditions precedent and burden of proof is on him. 15
CS 286. Cited. 20 CS 10; id., 214. Cited. 44 CS 285.
Subsec. (a):
Cited. 34 CA 620, 621, 624.
Subdiv. (2):
To be available for work one must be ready, able and willing to accept suitable employment. Must be exposed unequivocally to the labor market. 142 C. 160. Eligibility for unemployment compensation is discussed. Id. Plaintiff attending
school during the day held not available for work as he limited his availability for "first shift" work for a personal reason
unrelated to his employment. 148 C. 475. Mere fact that person places certain restrictions on type of work he is willing to
accept does not, in itself, make him unavailable for work within intent and meaning of this section. Work at a lesser skill
and lower wages should not be deemed suitable unless claimant has been given a reasonable period in which to compete
in the labor market for available jobs at his higher skill or related skills. 150 C. 278. Uncontroverted testimony concerning
efforts to find work and willingness to rearrange a college schedule do not establish rights to benefits where referee not
convinced that plaintiff would or could rearrange class schedule and that she was looking for work. 174 C. 527, 531, 532.
Cited. 175 C. 562, 565, 568, 569. Cited. 177 C. 132, 133.
Cited. 34 CA 620-622, 624.
"Available for work": Affected by pregnancy. 7 CS 375; 13 CS 32. Conclusion that claimant with two badly broken
legs could not perform any work was justified. 10 CS 186. As affects persons who can accept employment only at certain
hours or on certain shifts because of domestic responsibilities. 12 CS 122; 13 CS 101; id., 109; 16 CS 334; 17 CS 316.
Availability is to be decided upon what claimant does and not upon the existence of regulations foreign to the act, which
bars employers from hiring. Id., 318. Wife who voluntarily left employment to reside in a distant area where husband was
stationed wherein suitable opportunities were restricted was not "available". 13 CS 423. In absence of finding that claimant
refused to accept work, conclusion that she was not "available" was unwarranted. 15 CS 50. It means available for employer's work and not necessarily for some other work. 17 CS 142. State employee who voluntarily retires and is not willing
to work for state because of loss of pension is not available for work and not entitled to benefits. 22 CS 99. One who limits
his availability for work because of personal reasons unrelated to employment is not entitled to compensation. 23 CS 86.
Claimant has burden not only to accept referral but also to make opportunity fruitful. Where such person did not report
for interview because he forgot, he was held ineligible for benefits. 23 CS 188. Cited. 23 CS 208. Search for work amounting
to a few hours a day or one day a week held not to meet "reasonable effort" requirement of this subdivision. 24 CS 492.
Applying to one or two places a week held as not making reasonable effort to obtain work. Id., 507. Where cessation of
work was voluntary on plaintiff's part, through agency of union, plaintiffs could not be said to be "available for work".
25 CS 294-296. Unemployment commissioner's conclusion that plaintiff was not physically able to engage in work so as
to be "available for work" was sufficiently supported by subordinate facts when plaintiff had qualified for social security
disability benefits. 25 CS 447. "Reasonable efforts" defined. 26 CS 336, 337. Not unreasonable or arbitrary for commissioner to find that plaintiff's one or two attempts to find work each week did not constitute reasonable effort. Id. Courts
are bound by findings of subordinate facts and reasonable conclusions of facts made by commissioner. Id. Where plaintiff
did not go to more than three establishments in person in any week in her search for work, she failed to meet statutory
requirement that she make reasonable efforts to obtain work. 27 CS 38. Burden of proving work availability of claimant.
29 CS 316. Telephone operator ineligible for benefits, when. 29 CS 492. Bona fide attempt to obtain temporary full-time
job satisfies availability for work requirement. 31 CS 4. Seasonal worker who makes a bona fide attempt to obtain a
temporary full-time job, satisfies the requirements of availability set forth in this section. 31 CS 238. Cited. 32 CS 3.
Subdiv. (3):
Cited. 44 CS 285.
Sec. 31-235a. Methods of payment by nonprofit organizations. Section 31-235a
is repealed.
(1971, P.A. 835, S. 31; P.A. 78-368, S. 10, 11.)
Sec. 31-236. Disqualifications. (a) An individual shall be ineligible for benefits:
(1) If the administrator finds that the individual has failed without sufficient cause
either to apply for available, suitable work when directed so to do by the Public Employment Bureau or the administrator, or to accept suitable employment when offered by
the Public Employment Bureau or by an employer, such ineligibility to continue until
such individual has returned to work and has earned at least six times such individual's
benefit rate. Suitable work means either employment in the individual's usual occupation or field or other work for which the individual is reasonably fitted, provided such
work is within a reasonable distance of the individual's residence. In determining
whether or not any work is suitable for an individual, the administrator may consider the
degree of risk involved to such individual's health, safety and morals, such individual's
physical fitness and prior training and experience, such individual's skills, such individual's previous wage level and such individual's length of unemployment, but, notwithstanding any other provision of this chapter, no work shall be deemed suitable nor shall
benefits be denied under this chapter to any otherwise eligible individual for refusing
to accept work under any of the following conditions: (A) If the position offered is
vacant due directly to a strike, lockout or other labor dispute; (B) if the wages, hours or
other conditions of work offered are substantially less favorable to the individual than
those prevailing for similar work in the locality; (C) if, as a condition of being employed,
the individual would be required to join a company union or to resign from or refrain
from joining any bona fide labor organization; (D) if the position offered is for work
which commences or ends between the hours of one and six o'clock in the morning if
the administrator finds that such work would constitute a high degree of risk to the
health, safety or morals of the individual, or would be beyond the physical capabilities
or fitness of the individual or there is no suitable transportation available from the individual's home to or from the individual's place of employment; or (E) if, as a condition
of being employed, the individual would be required to agree not to leave such position
if recalled by the individual's former employer;
(2) (A) If, in the opinion of the administrator, the individual has left suitable work
voluntarily and without good cause attributable to the employer, until such individual has
earned at least ten times such individual's benefit rate, provided whenever an individual
voluntarily leaves part-time employment under conditions that would render the individual ineligible for benefits, such individual's ineligibility shall be limited as provided in
subsection (b) of this section, if applicable, and provided further, no individual shall be
ineligible for benefits if the individual leaves suitable work (i) for good cause attributable
to the employer, including leaving as a result of changes in conditions created by the
individual's employer, (ii) to care for a seriously ill spouse or child, or parent domiciled
with the individual, provided such illness is documented by a licensed physician, (iii)
due to the discontinuance of transportation, other than the individual's personally owned
vehicle, used to get to and from work, provided no reasonable alternative transportation
is available, or (iv) to protect the individual or a child domiciled with the individual
from becoming or remaining a victim of domestic violence, as defined in section 17b-112a, provided such individual has made reasonable efforts to preserve the employment,
but the employer's account shall not at any time be charged with respect to any voluntary
leaving that falls under subparagraph (A)(iv) of this subdivision; or (B) if, in the opinion
of the administrator, the individual has been discharged or suspended for felonious
conduct, conduct constituting larceny of property or service, the value of which exceeds
twenty-five dollars, or larceny of currency, regardless of the value of such currency,
wilful misconduct in the course of the individual's employment, or participation in an
illegal strike, as determined by state or federal laws or regulations, until such individual
has earned at least ten times the individual's benefit rate; provided an individual who
(i) while on layoff from regular work, accepts other employment and leaves such other
employment when recalled by the individual's former employer, (ii) leaves work that is
outside the individual's regular apprenticeable trade to return to work in the individual's
regular apprenticeable trade, (iii) has left work solely by reason of governmental regulation or statute, or (iv) leaves part-time work to accept full-time work, shall not be ineligible on account of such leaving and the employer's account shall not at any time be
charged with respect to such separation, unless such employer has elected payments in
lieu of contributions;
(3) During any week in which the administrator finds that the individual's total or
partial unemployment is due to the existence of a labor dispute other than a lockout
at the factory, establishment or other premises at which the individual is or has been
employed, provided the provisions of this subsection do not apply if it is shown to the
satisfaction of the administrator that (A) the individual is not participating in or financing
or directly interested in the labor dispute that caused the unemployment, and (B) the
individual does not belong to a trade, class or organization of workers, members of
which, immediately before the commencement of the labor dispute, were employed at
the premises at which the labor dispute occurred, and are participating in or financing
or directly interested in the dispute; or (C) the individual's unemployment is due to the
existence of a lockout. A lockout exists whether or not such action is to obtain for the
employer more advantageous terms when an employer (i) fails to provide employment to
its employees with whom the employer is engaged in a labor dispute, either by physically
closing its plant or informing its employees that there will be no work until the labor
dispute has terminated, or (ii) makes an announcement that work will be available after
the expiration of the existing contract only under terms and conditions that are less
favorable to the employees than those current immediately prior to such announcement;
provided in either event the recognized or certified bargaining agent shall have advised
the employer that the employees with whom the employer is engaged in the labor dispute
are ready, able and willing to continue working pending the negotiation of a new contract
under the terms and conditions current immediately prior to such announcement;
(4) During any week with respect to which the individual has received or is about
to receive remuneration in the form of (A) wages in lieu of notice or dismissal payments,
including severance or separation payment by an employer to an employee beyond
the employee's wages upon termination of the employment relationship, unless the
employee was required to waive or forfeit a right or claim independently established
by statute or common law, against the employer as a condition of receiving the payment,
or any payment by way of compensation for loss of wages, or any other state or federal
unemployment benefits, except mustering out pay, terminal leave pay or any allowance
or compensation granted by the United States under an Act of Congress to an ex-serviceperson in recognition of the ex-serviceperson's former military service, or any service-connected pay or compensation earned by an ex-serviceperson paid before or after
separation or discharge from active military service, or (B) compensation for temporary
disability under any workers' compensation law;
(5) Repealed by P.A. 73-140;
(6) If the administrator finds that the individual has left employment to attend a
school, college or university as a regularly enrolled student, such ineligibility to continue
during such attendance;
(7) Repealed by P.A. 74-70, S. 2, 4;
(8) If the administrator finds that, having received benefits in a prior benefit year,
the individual has not again become employed and been paid wages since the commencement of said prior benefit year in an amount equal to the greater of three hundred dollars
or five times the individual's weekly benefit rate by an employer subject to the provisions
of this chapter or by an employer subject to the provisions of any other state or federal
unemployment compensation law;
(9) If the administrator finds that the individual has retired and that such retirement
was voluntary, until the individual has again become employed and has been paid wages
in an amount required as a condition of eligibility as set forth in subdivision (3) of section
31-235; except that the individual is not ineligible on account of such retirement if the
administrator finds (A) that the individual has retired because (i) such individual's work
has become unsuitable considering such individual's physical condition and the degree
of risk to such individual's health and safety, and (ii) such individual has requested of
such individual's employer other work that is suitable, and (iii) such individual's employer did not offer such individual such work, or (B) that the individual has been
involuntarily retired;
(10) Repealed by P.A. 77-426, S. 6, 19;
(11) Repealed by P.A. 77-426, S. 6, 19;
(12) Repealed by P.A. 77-426, S. 17, 19;
(13) If the administrator finds that, having been sentenced to a term of imprisonment
of thirty days or longer and having commenced serving such sentence, the individual
has been discharged or suspended during such period of imprisonment, until such individual has earned at least ten times such individual's benefit rate;
(14) If the administrator finds that the individual has been discharged or suspended
because the individual has been disqualified under state or federal law from performing
the work for which such individual was hired as a result of a drug or alcohol testing
program mandated by and conducted in accordance with such law, until such individual
has earned at least ten times such individual's benefit rate;
(15) If the individual is a temporary employee of a temporary help service and the
individual refuses to accept suitable employment when it is offered by such service upon
completion of an assignment until such individual has earned at least six times such
individual's benefit rate; and
(16) For purposes of subparagraph (B) of subdivision (2) of this subsection, "wilful
misconduct" means deliberate misconduct in wilful disregard of the employer's interest,
or a single knowing violation of a reasonable and uniformly enforced rule or policy of
the employer, when reasonably applied, provided such violation is not a result of the
employee's incompetence and provided further, in the case of absence from work, "wilful misconduct" means an employee must be absent without either good cause for the
absence or notice to the employer which the employee could reasonably have provided
under the circumstances for three separate instances within a twelve-month period. Except with respect to tardiness, for purposes of subparagraph (B) of subdivision (2) of
this subsection, each instance in which an employee is absent for one day or two consecutive days without either good cause for the absence or notice to the employer which
the employee could reasonably have provided under the circumstances constitutes a
"separate instance". For purposes of subdivision (15) of this subsection, "temporary help
service" means any person conducting a business that consists of employing individuals
directly for the purpose of furnishing part-time or temporary help to others; and "temporary employee" means an employee assigned to work for a client of a temporary help
service.
(b) Any individual who has voluntarily left part-time employment under conditions
which would otherwise render him ineligible for benefits pursuant to subparagraph (A)
of subdivision (2) of subsection (a) of this section, who has not earned ten times his
benefit rate since such separation and who is otherwise eligible for benefits shall be
eligible to receive benefits only as follows: (1) If such separation from the individual's
part-time employment precedes a compensable separation, under the provisions of this
chapter, from his full-time employment, he shall be eligible to receive an amount equal
to the benefits attributable solely to the wages paid to him for any employment during
his base period other than such part-time employment; or (2) if such separation from
the individual's part-time employment follows a compensable separation, under the
provisions of this chapter, from his full-time employment, he shall be eligible to receive
an amount equal to the lesser of the partial unemployment benefits he would have received under section 31-229 but for such separation from his part-time employment or
the partial unemployment benefits for which he would be eligible under section 31-229
based on any subsequent part-time employment. In no event may the employer who
provided such part-time employment for the individual be charged for any benefits paid
pursuant to the subsection. For purposes of this subsection, "full-time employment"
means any job normally requiring thirty-five hours or more of service each week, and
"part-time employment" means any job normally requiring less than thirty-five hours
of service each week.
(1949 Rev., S. 7508; 1953, S. 3073d, 3074d, 3076d; 1953, 1955, S. 3075d; 1967, P.A. 790, S. 14; October, 1970, P.A.
1, S. 12; 1971, P.A. 835, S. 15, 16, 18, 19, 20, 20a; 1972, P.A. 279, S. 4; 291, S. 1; P.A. 73-76; 73-81; 73-140; 73-411;
73-536, S. 6, 12; P.A. 74-70, S. 1-4; 74-75; 74-229, S. 17, 22; P.A. 75-105; 75-427; P.A. 76-414, S. 2; P.A. 77-319; 77-323; 77-426, S. 6, 17, 19; P.A. 78-331, S. 40, 58; P.A. 79-376, S. 31; P.A. 80-78; 80-260, S. 3, 4; P.A. 81-12, S. 2; 81-318, S. 1, 6, 8; P.A. 82-262, S. 2; P.A. 85-26; 85-258, S. 1; 85-500; P.A. 86-55; 86-60; P.A. 88-88; P.A. 93-243, S. 5, 15;
P.A. 95-323, S. 3, 8; P.A. 99-123; P.A. 01-37, S. 1, 2; P.A. 04-214, S. 2.)
History: 1967 act substantially rewrote provisions for clarity, specified applicability with regard to suspension from
work, leaving part-time for full-time work, unemployment because of a lockout, pregnant women and re periods of substantial unemployment and revised provision re retired persons; 1970 act added reference to extended benefit periods in
Subdiv. (8); 1971 act made technical changes in Subdiv. (2), set period of ineligibility following woman's refusal to accept
reemployment in Subdiv. (5) at period until she registers for work, applies for work, etc. rather than until she has been
paid wages of at least one hundred dollars, deleted provision prohibiting wages paid prior to retirement as basis for benefits
and added Subdiv. (10) re school personnel; 1972 acts added Subdiv. (11) re subsidiary education personnel; P.A. 73-76
changed amount of wages applicable in Subdiv. (8) from one hundred fifty to three hundred dollars and added alternate
amount of ten times the weekly benefit rate; P.A. 73-81 added proviso re amount of wage offer in Subdiv. (1); P.A. 73-140 repealed Subdiv. (5) re pregnant women; P.A. 73-411 prohibited reduction of benefits paid to veterans in Subdiv. (9);
P.A. 73-536 clarified disqualification in Subdiv. (2); P.A. 74-70 added exception in Subdiv. (4), repealed Subdiv. (7) re
benefits to ex-servicemen under act of Congress in recognition of their service and changed wording of Subdiv. (9) slightly;
P.A. 74-75 deleted proviso re amount of wage offer in Subdiv. (1); P.A. 74-229 substituted "next four following weeks"
for "duration of the disqualification period" in Subdiv. (2); P.A. 75-105 changed alternate amount in Subdiv. (8) from ten
to five times the weekly benefit rate; P.A. 75-427 prohibited refusing benefits to those who refuse work because a condition
of employment is agreeing not to leave position if recalled by former employer; P.A. 76-414 added Subdiv. (12) re student
work-study experience; P.A. 77-319 added proviso in Subsec. (1) re leaving suitable work for cause, authorized disqualification for felonious conduct or repeated misconduct and changed disqualification from four weeks to "until such individual
has earned at least ten times his benefit rate"; P.A. 77-323 repeated amendment re leaving work for cause; P.A. 77-426
repealed Subdivs. (10) to (12) re school personnel; P.A. 78-331 made technical changes in Subdiv. (9); P.A. 79-376
substituted "workers' compensation" for "workmen's compensation" and redesignated Subparas. with capital letters; P.A.
80-78 changed basic period of ineligibility from four weeks to "until such individual has returned to work and has earned
at least six times his benefit rate in Subdiv. (1)"; P.A. 80-260 changed calculation of weekly benefit rate in Subdiv. (9);
P.A. 81-12 deleted the noncharging provisions concerning an employer whose employee quit or was fired under the terms
of this section and later collects benefits, as such provisions have been transferred to Sec. 31-225a by P.A. 81-12; P.A. 81-318 disqualified claimants from eligibility for unemployment compensation if they had been discharged for conduct
constituting larceny in the third degree and deleted any reference in Subdiv. (9) to an offset which reduced benefits by the
amount of pension, retirement pay or annuity received by the claimant, but see section 31-227(g); P.A. 82-262 specified
ineligibility for benefits for participation in illegal strike; P.A. 85-26 amended Subdiv. (2) (B) to redefine larcenous conduct
to be the taking of a property or service whose value exceeds fifty dollars; P.A. 85-258 amended Subpara. (A) of Subdiv.
(2) to limit compensable "quits" to instances when the claimant left suitable work for sufficient work-related causes, or
he left to care for a seriously ill spouse, child or parent, or he left due to the discontinuance of his only means of transportation
and defined "repeated wilful misconduct" as any acts of such misconduct which occur within one year of each other; P.A.
85-500 provided that claimants may be disqualified if discharged or suspended for "just cause", and defined "just cause"
to be a single act of wilful misconduct endangering life, safety or property; P.A. 86-55 added Subsec. (b), establishing
limited eligibility rights for individuals who apply for unemployment compensation after having quit part-time employment,
amending Subsec. (a) accordingly; P.A. 86-60 added Subdiv. (13) in Subsec. (a), disqualifying any individual who is
discharged or suspended from his employment during a term of imprisonment of thirty days or more to which he has been
sentenced; P.A. 88-88 substituted "any employment during his base period other than such part-time" for "such full-time"
in Subdiv. (1) and provided that an individual eligible for benefits under Subdiv. (2) would receive an amount equal to the
lesser of the partial unemployment benefits he would have received but for the separation from the part-time employment
or "the partial unemployment benefits for which he would be eligible under Sec. 31-229 based on any subsequent part-time employment"; P.A. 93-243 amended Subdiv. (2)(B) of Subsec. (a) to expand the disqualification for larcenous conduct,
amended Subdiv. (4)(A) to disqualify a claimant from eligibility for unemployment compensation while he is receiving
severance or separation payments, and amended Subdiv. (13) to define "wilful misconduct", effective June 23, 1993; P.A.
95-323 amended Subsec. (a) to substitute "good cause attributable to the employer" for "sufficient cause connected with
his work", to delete reference to "repeated" wilful misconduct in the course of employment, to amend the benefit level for
employees discharged or suspended under state or federal drug or alcohol testing programs, to redefine "wilful misconduct"
and to add definition of "temporary help service", effective October 1, 1995, and applicable to any separation of employment
occurring on or after that date; P.A. 99-123 made technical and gender neutral changes, divided Subsec. (a) into Subdivs.
and amended Subdiv. (2) of Subsec. (a) to prohibit refusing benefits to an individual who leaves suitable work voluntarily
to protect the individual or a child domiciled with the individual from becoming or remaining a victim of domestic violence;
P.A. 01-37 amended Subsec. (a)(2) by deleting "just cause" as a reason for discharge or suspension and making technical
changes and amended Subsec. (a)(16) to delete definition of "just cause", redefine "wilful misconduct" to include absence
without good cause or notice which could reasonably have been provided, and make a technical change; P.A. 04-214
amended Subsec. (a)(16) to change time period in definition of "wilful misconduct" from eighteen months to twelve months
and to define what constitutes a "separate instance".
"Available for work" construed with respect to waitress. 126 C. 441. Depends on whether or not there is a labor market
for the work employee can do. 132 C. 651. Deliberate violation of reasonable rule in connection with work constitutes
"willful misconduct". 133 C. 308. Rule forbidding solicitation for union membership in working hours reasonable. Id.,
310. Under former statute, disqualification for attending school did not apply after applicant had completed his studies.
129 C. 71. The test to determine whether a person's refusal to cross a picket line established by a union of which he is not
a member rendered him a participant in the dispute is whether his refusal was voluntary or involuntary. An employee is
"directly interested in a labor dispute" if his wages, hours or working conditions will be affected by the outcome of the
dispute. 139 C. 20. A pension, at least to the extent to which each payment has been increased because of employer's
contributions, is one "by way of compensation for loss of wages". Id., 569. Severance pay held "payment by way of
compensation for loss of wages". Id., 572. Vacation pay from union welfare fund disqualifies employee from benefits as
it is a payment by way of compensation for loss of wages. 142 C. 236. Facts of each case determine question of "suitable
work". 148 C. 475. Vacation pay is "payment by way of compensation for loss of wages". 136 C. 482. Plaintiff not
eligible for benefits while receiving allowances under Servicemen's Readjustment Act. 137 C. 240. An offer and refusal
of employment is not a condition precedent to disqualification where claimant is not available for work. Id., 438. Employee
is subject to disqualification prescribed if he leaves part-time work to accept better paying position. Claimant's leaving
dated from time she took new job, rather than from the beginning of vacation period. Id., 693. Section does not provide
unemployment compensation coverage for school vacation periods to cafeteria workers and school aides. 169 C. 592, 593.
"Suitable work" depends on facts of particular case. 175 C. 562, 568. Cited. 184 C. 317, 323. Cited. 196 C. 440, 447. Cited.
209 C. 381, 383, 386, 388.
Cited. 17 CA 441, 444. Cited. 25 CA 130, 134, 136. "Quit to care" provision operates as an exception to the penalty
provision of this section. 34 CA 620, 625-628.
Disqualifications for compensation are conditions subsequent and the burden of proof is on the commissioner. 15 CS
286. Cited. 20 CS 110. Employee entitled to unemployment compensation where employer shut down his plant for two
weeks as a vacation period but employee was entitled to only one week of vacation pay. 17 CS 144. Where plaintiff's
employment was terminated early in her pregnancy because employer in good faith wished to train replacement at that
time, plaintiff was correctly denied benefits. 23 CS 155. Where claimant was offered former job back during strike and
he proceeded to participate in strike, he was held ineligible for benefits. His former job held not to be "new work" within
meaning of statute. 23 CS 233. Employee has burden of proving nonparticipation. 24 CS 461. Claimant's former job held
not to be "new work" within meaning of statute when offered during strike to one who had been laid off four weeks before
strike and in a situation where collective bargaining agreement between union and employer had expired prior to layoff.
23 CS 233. Cited. 25 CS 244. Whether there was willful misconduct depends on whether conduct of claimant could be
held reasonably to amount to a deliberate violation of a reasonable rule. 22 CS 458. Employee fired for hurling rock through
windshield while picketing held ineligible for benefits. Picketing itself is not act of misconduct, but hurling rocks is. 23
CS 206. "Willful misconduct" discussed. 24 CS 177. Separation allowance computed on years of service and supplemental
allowance to pensioners under labor management agreement paid on closing of plant held dismissal payments. 27 CS 169.
Acceptance of separation allowance in lump sum did not change nature of payment computed on weekly basis. Id. Finding
by commissioner that plaintiff's concern over unreliable transportation was refusal to accept employment held arbitrary
and unreasonable. 31 CS 269. Cited. 39 CS 328, 333. Cited. 44 CS 285.
Subsec. (a):
Provision referring to conditions "current immediately prior to" a lockout announcement held to mean those conditions
contained in the last mutual agreement between a union and the employer. 250 C. 297. Section falls within realm of
discretion provided to states by Congress to award unemployment benefits to workers unable to work as result of a labor
dispute and is not preempted by National Labor Relations Act. Id.
Cited. 34 CA 620, 624.
Subdiv. (1):
Subdivision held not to permit establishment or application by the administrator of any arbitrary adjustment period in
which to find suitable work during same hours as those of prior employment. 148 C. 475. Cited. 172 C. 492, 495.
Within meaning of statute "residence" is claimant's residence at time of rehire offer, not at time of layoff. 2 CA 1, 2.
Refusal to return to work at reduced salary disqualifies one for compensation. 11 CS 337. Suitable employment discussed. 16 CS 199; id., 264; 18 CS 145. Subpara. (C): Claimant who refused referred employment solely because it required
union membership not entitled to benefits. 20 CS 10. Claimant who was union member and quit nonunion job because
union business agent told him he would lose union membership otherwise, held not available for work. Exception does
not apply where union sets conditions contra to statutory provisions. 27 CS 446. Cited. 39 CS 520, 521.
Subdiv. (2):
Company designated shutdown period as including vacation period. Fact that union, as agent for plaintiff, gave company
this right did not make plaintiff's second week of vacation, without pay, a period of voluntary and self-imposed unemployment. 138 C. 253. Subpara. (A): Where employer sets expiration date of contract conclusion that employee did not voluntarily terminate employment is not unreasonable. Discussion of possible result if union had negotiated the contract. 177 C.
132-135. Subpara (A): "For cause" construed to encompass personal as well as work-related reasons. 181 C. 1, 3, 4, 6-
24. Subpara. (A) cited. 187 C. 262. Subpara. (A) cited. 196 C. 440, 442, 444, 445. Subpara. (B) (iv) cited. Id., 440, 447,
448. Cited. Id., 440, 450. Subpara. (B): Term "felonious conduct" as used in statute includes felonious conduct violating
federal laws. Id., 546, 548-550. Subpara. (B): A final incidence may be "repeated willful misconduct" if conduct at issue
is part of past pattern of willful misconduct. 209 C. 381, 385, 387.
Subpara. (B) cited. 1 CA 591, 593, 594. Subpara. (B) cited. 3 CA 494, 495. Subpara. (B) cited. 4 CA 617, 618, 620.
Subpara. (A) cited. 4 CA 617, 619. Subpara. (B) cited. 5 CA 309, 312, 313. Subpara. (A) cited. 6 CA 588, 589. Subpara.
(A): Leaving suitable work for better pay is insufficient, by itself, to establish good cause. Id., 658, 660. Subpara. (A) cited.
12 CA 207, 209. Subpara. (B)(iv) cited. 17 CA 741, 444, 446. Subpara. (A) (ii) cited. 34 CA 620, 621, 624. Subpara. (B)
cited. 41 CA 751, 752. Subpara. (B) only requires a single knowing violation of an employer rule; absence of repetition
does not prevent the possibility of discharge for willful misconduct. 54 CA 154.
Subpara. (A): Severing employment to report for induction into army. 11 CS 160. Cited. 12 CS 391. Lack of transportation not sufficient reason to leave work where claimant did not give employer chance to arrange for it. 15 CS 445. Leaving
work on ground that services worth more than remuneration held not sufficient cause. 17 CS 415. Claimant who gave
notice of resignation and later attempted to withdraw it after company had hired a replacement was declared eligible for
benefits. 19 CS 363. Subpara. (B): Employee who momentarily left machine running unattended in violation of employer's
rule ineligible for compensation for willful misconduct. 11 CS 221. Harmless taking of discarded article by employee not
sufficient basis for willful misconduct. 16 CS 311. Claimant whose license to operate taxicab had been revoked for failure
to make full restitution for damage done by him in accident and for failure to furnish proof of financial responsibility
ineligible for unemployment compensation. 19 CS 363. No lesser degree of culpability in this state than willful misconduct.
20 CS 399. Where claimant left job when employer told him he could retain his job as driver, if during period of license
suspension, he found a substitute and paid him from his own pocket, held claimant left work without sufficient cause. 21
CS 206. Inefficiency, negligence, carelessness, improper conduct and errors in judgment alone are not construed as "willful
misconduct" disqualifying claimant from benefits under subpara. (B). 25 CS 215. Falsifying employment questionnaire
held intentional act of misleading employer and constituted willful misconduct in course of employment. 27 CS 215.
Subpara. (B): Repeated absences from work without good cause, recognized as willful misconduct. 29 CS 14, 18. Cited.
29 CS 251. Offer of same job after penalty period ineffective as to deny benefits under suitable work provision. 29 CS
486. Cited. 29 CS 492. Subpara. (A): Employee's decision not to reenlist in National Guard, a condition of employment
voluntarily accepted by employee, is voluntary termination of employment without employment-connected cause. 31 CS
12. Subpara. (A) cited. 38 CS 710. Cited. 39 CS 328, 331. Subpara. (A) cited. Id., 328-330, 332. Subpara. (B) cited. Id.,
328, 330. Subpara. (A): Doctrine of voluntary constructive leaving discussed. Id., 371, 373. Subpara. (B) cited. Id. Court
held it reasonable for appeals referee to conclude that before plaintiff could collect unemployment benefits, plaintiff must
make an effort to seek a position with the employer which would be consistent with plaintiff's beliefs rather than assume
that no such position would be available. 40 CS 208, 209, 211. Subpara. (B): Theft of $25 or less of property or services,
while not a disqualifying larceny, can constitute a disqualifying act of wilful misconduct where there is proof of the larceny
and the existence of a reasonable and uniformly enforced rule or policy by the employer. 46 CS 579.
Subdiv. (3):
General assembly intended same meaning for "labor dispute" here as that expressed in section 31-112(c). Each week
of unemployment is severable unit. 135 C. 373. Refusal of plaintiffs to cross picket lines constituted participation in labor
dispute and rendered them ineligible for compensation. Id., 695. "Lockout" defined. 137 C. 380. A "lockout" is a withholding of employment by employer in effort to obtain for himself more advantageous terms. Id., 393. Controversy which
caused unemployment of plaintiffs was labor dispute within meaning of statute. 139 C. 329. Unemployment was caused
by labor dispute rather than lockout. Id., 515. Definition. 142 C. 497. No lockout existed where employer in labor dispute
over new contract negotiations closed stores after old contract expired because not advised by employees' bargaining agent
that they would continue work pending negotiation of new contract. Employees not entitled to unemployment compensation. 158 C. 556. Disqualification under this subdivision has three elements: (1) There must be unemployment, (2) there
must be a labor dispute, (3) unemployment must result from existence of labor dispute. 164 C. 446, 450, 458.
Refusal to cross picket line because of fear of bodily harm does not render one ineligible. 16 CS 286. Dismissed
employees entitled to compensation when dismissed as result of labor dispute. Id., 491. Where shutdown due to lockout.
18 CS 94; 20 CS 211.
Subdiv. (4):
Payment of pension disqualifies plaintiff for unemployment benefits to which he would have become entitled by virtue
of employment by one who is paying pension. 138 C. 630. Purpose and history. 146 C. 215. Under subpara. (C) it is
immaterial whether payment represents deferred compensation or a pension. If lump sum is paid, it should be divided by
weeks of life expectancy to determine weekly payments. Id. Holiday pay classified as earned remuneration rather than
compensation for lost wages. 146 C. 264. Purpose of subdivision. Id.
Subpara. (A): Consideration of vacation pay. 15 CS 267; id., 501; 16 CS 225; 18 CS 472; 19 CS 367.
Subdiv. (5):
Claims made after childbirth. 17 CS 316. Plaintiff entitled to benefits where previously arranged by collective bargaining
that such would be allowed though claimant not member of bargaining unit. 19 CS 184. Disqualification begins on first
day of unemployment due to pregnancy and continues thereafter for duration of pregnancy. 20 CS 428.
Subdiv. (8):
Severance pay and vacation pay do not qualify as wages within meaning of statute. 153 C. 692, 693.
Plaintiff, a physician, performed services for husband, also a physician, during his illness and received one hundred
fifty dollars from him; held this did not constitute wages. 21 CS 144. Evidence tended to prove that claimant's brother
hired him for two weeks merely to qualify claimant under this subdivision but award of compensation commissioner
upheld. 21 CS 204.
Subdiv. (9):
Where employee voluntarily requested payment from union pension fund and applied for and received social security
benefits, he had voluntarily retired and was ineligible for unemployment benefits. 28 CS 57. Plaintiff mason voluntarily
leaving job because partner had left, as he thought union rules forbade his remaining, left suitable work voluntarily without
sufficient case. 28 CS 394. Cited. 34 CS 11, 12.
Subdiv. (11):
Unemployment commissioner could reasonably conclude from his finding of facts that a school "media aide" is a
"classroom aide" in meaning of this section. 31 CS 253.
Sec. 31-236a. Eligibility of apprentice unemployed due to labor dispute. Notwithstanding any provision contained in section 31-236, no apprentice duly registered
as such with the state who is unemployed due to a labor dispute between his employer
and journeymen who are engaged in the same craft or trade as the apprentice shall be
disqualified from receiving benefits under this chapter if he is available for work, and
he shall not be participating in or financing or directly interested in the labor dispute or
belong to a trade, class or organization of workers, members of which, immediately
before the commencement of the labor dispute, were employed at the premises at which
the labor dispute occurred and are participating in or financing or directly interested in
the labor dispute.
(1969, P.A. 778, S. 1.)
Sec. 31-236b. Eligibility for benefits not impaired by reason of participation in
training with commissioner's approval. Approval of programs. (a) Notwithstanding
any other provisions in this chapter, an otherwise eligible individual shall not be denied
benefits for any week because he is in training with the approval of the administrator
by reason of the application of subdivision (2) of section 31-235 relating to availability
for work, or the provisions of subdivision (a)(1) of section 31-236 relating to failure to
apply for, or a refusal to accept, suitable work.
(b) The administrator shall adopt regulations, in accordance with the provisions of
chapter 54, which establish the guidelines to be used by the administrator in determining
which job training programs, job retraining programs and claimants shall be approved
for the purposes of this section. Any such program sponsored by (1) any federal, state
or municipal department, (2) any labor organization, or (3) any private employer shall
be approved upon meeting the requirements of such guidelines.
(1971, P.A. 835, S. 21; P.A. 83-470, S. 2, 3.)
History: P.A. 83-470 added Subsec. (b) requiring the administrator to adopt regulations establishing guidelines for the
approval of job training and retraining programs and claimants for the purposes of this section; (Revisor's note: In 1991
the reference in Subsec. (a) to "subsection (1)" was changed editorially by the Revisors to read "subsection (a)(1)").
Sec. 31-236c. Ineligibility of certain board of education employees. Section 31-236c is repealed.
(1971, P.A. 835, S. 17; 77-426, S. 18, 19.)
Sec. 31-236d. Eligibility of individual in training approved under the Trade
Act of 1974. Notwithstanding any other provision of this chapter, an otherwise eligible
individual shall not be denied unemployment compensation benefits for any week because he is in training approved under Section 236(a)(1) of the Trade Act of 1974, nor
shall such individual be denied benefits because of leaving work to enter such training,
provided the work left is not suitable work, or because of the application to any such
week in training of provisions in this chapter or any applicable federal unemployment
compensation law relating to availability for work, active search for work, or refusal to
accept work. For purposes of this section, "suitable work" means, with respect to an
individual, work of a substantially equal or higher skill level than the individual's past
adversely affected employment, as defined for purposes of the Trade Act of 1974, and
wages for such work at not less than eighty per cent of the individual's average weekly
wage as determined for purposes of the Trade Act of 1974.
(P.A. 82-361, S. 6.)
Sec. 31-236e. Basis for determination of eligibility. Regulations. (a) For any
claim filed on or after July 1, 1986, the determination of a claimant's eligibility for
unemployment compensation benefits shall be based solely on the provisions of this
chapter and any regulations adopted pursuant thereto. Labor Department policy letters
shall not be used in any such determination.
(b) On or before July 1, 1986, the Labor Commissioner shall adopt regulations, in
accordance with the provisions of chapter 54, which establish all necessary criteria for
the determination of a claimant's eligibility for unemployment compensation benefits.
(P.A. 85-176.)
Sec. 31-236f. Information re the availability of unemployment compensation
benefits. Procedure. The administrator, as defined in section 31-232b, in consultation
with the advisory board established pursuant to section 31-250a, shall develop and implement a procedure or program to insure that an employee, at the time of termination by
an employer, receives adequate information regarding the availability of unemployment
compensation benefits under chapter 567 and the procedure required for making a claim
for such benefits.
(P.A. 95-323, S. 6, 8.)
History: P.A. 95-323, S. 6 effective October 1, 1995, and applicable to any separation of employment occurring on or
after that date.
Sec. 31-237. Employment Security Division. (a) There shall continue to be in the
Labor Department a division, to be known as the Employment Security Division, which
shall be administered by a full-time, salaried, executive director, who shall be subject
to the supervision and the direction of the administrator. The administrator is authorized
to appoint, fix the compensation of and prescribe the duties of such executive director,
provided such appointment shall be subject to the approval of the Governor and the rate
of such compensation shall be subject to the approval of the Governor and the Secretary
of the Office of Policy and Management. The Employment Security Division shall be
responsible for matters relating to unemployment compensation and the Connecticut
State Employment Service, and shall establish and maintain free public employment
bureaus in such number and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such duties as are within the
purview of the Act of Congress entitled "An Act to Provide for the Establishment of a
National Employment System and for Cooperation with the States in the Promotion
of Such System and for Other Purposes", approved June 6, 1933, as amended. The
administrator may cooperate with or enter into agreements with the Federal Railroad
Retirement Board with respect to the establishment, maintenance and use of free employment service facilities. Moneys received from the Federal Railroad Retirement
Board as compensation for services or facilities supplied to said board shall be paid into
the Employment Security Administration Fund.
(b) Notwithstanding the provisions of chapter 50, the Employment Security Division is authorized to purchase supply items and equipment obtainable directly from the
General Services Administration of the United States government or any other federal
agency, out of funds established under the provisions of subsection (a) or (d) of section
31-259 or out of funds established by or granted pursuant to federal authority to the
Employment Security Division, if the administrator deems such purchases to be in the
best interests of the state and said Employment Security Division.
(1949 Rev., S. 7509; 1969, P.A. 328; P.A. 77-614, S. 19, 610; P.A. 92-252.)
History: 1969 act added Subsec. (b) re purchases of supply items, etc.; P.A. 77-614 replaced commissioner of finance
and control with secretary of the office of policy and management; P.A. 92-252 deleted provisions establishing the Connecticut state employment service department and the unemployment compensation department and added language providing
that the employment security division shall be responsible for matters relating to unemployment compensation and the
Connecticut state employment service.
See Sec. 31-6 re federal aid for public unemployment offices.
See Sec. 31-259 re Employment Security Administration Fund.
Cited. 16 CS 263.
Sec. 31-237a. Definitions. As used in this chapter, unless the context clearly indicates otherwise:
(a) "Board" means the Employment Security Board of Review;
(b) "Appeals division" means the Employment Security Appeals Division consisting of the board members, the referees employed in the referee section and all other
supporting staff members employed in that division for discharge of its responsibilities
as set forth in this chapter;
(c) "Referee" means an employment security appeals referee;
(d) "Chief referee" means the chief referee of the referee section;
(e) "Referee section" means the organizational unit consisting of the employment
security appeals referees employed in the appeals division and all other supporting staff
members employed in that division for discharge of the responsibilities assigned to
referees in accordance with this chapter; and
(f) "Staff assistant" means the staff assistant to the Employment Security Board of
Review.
(P.A. 74-339, S. 1, 36; P.A. 83-570, S. 7, 17.)
History: P.A. 83-570 added Subdiv. (f) defining "staff assistant".
Sections 31-237a to 31-238, inclusive, cited re their affect on the speed and fairness of the resolution of contested
claims. 175 C. 269, 271, 275. Cited. 192 C. 104, 108.
Sec. 31-237b. Employment Security Appeals Division established. There shall
be an appeals division which shall constitute the employment security administrative
appellate system. The referee section shall be subject to the board's administrative direction, supervision and control.
(P.A. 74-339, S. 2, 36.)
Cited. 172 C. 492, 493. Cited. 181 C. 1. Cited. 192 C. 104, 108.
Sec. 31-237c. Employment Security Board of Review. Appointment of members, chairman, alternate members. (a) The board shall consist of three members
appointed by the Governor, one of whom shall be designated by the Governor as chairman of the board of review. Notwithstanding the provisions of subsection (d) of section
5-198, such chairman shall be in the classified service and shall devote full time to the
duties of his office. Such chairman shall be chosen by the Governor from a list of names
submitted to him by the Commissioner of Administrative Services pursuant to the provisions of subsection (d) of section 5-228. The other two members appointed to serve
during the appointing Governor's term of office shall be a representative of employers
and a representative of employees and shall devote full time to the duties of their offices.
The members of the board representing employers and employees shall be selected as
such representatives based upon previous vocation, employment or affiliation. A member of the board may be removed by the Governor for cause.
(b) The Governor shall have the authority to appoint one or more alternate members
to the board. Alternate members shall have the power to complete any matter pending
at the expiration of the terms for which they were appointed. Alternate members of the
board shall serve at any time when so delegated by the Governor and the board and
while so serving shall have all the powers of members of the board. Whenever an alternate member serves in place of a member of the board, he shall represent the same interest
as the member in whose place he serves and shall be selected as such representative based
upon previous vocation, employment or affiliation. The board may, at its option, require
alternate members to sit with it in the fulfillment of any function of the board. Any
alternate member shall receive one hundred fifty dollars in lieu of expenses for each
day during which he performs the duties of a member of the board.
(P.A. 74-339, S. 3, 34, 36; P.A. 77-614, S. 482, 610; P.A. 83-570, S. 8, 17; P.A. 87-468, S. 1, 4.)
History: P.A. 77-614 replaced personnel commissioner with commissioner of administrative services, deleted provision
setting expiration of terms at first day of March in year when term of appointing governor expires and made other minor
wording changes, effective January 1, 1979; P.A. 83-570 added requirement that members devote full time to their duties
and eliminated an obsolete provision concerning the timing of the first appointments to the board; P.A. 87-468 added
Subsec. (b), granting the governor the authority to appoint alternate members to the board, establishing their powers and
purposes, and providing for per diem payments of one hundred fifty dollars for them.
See title 2c re termination under "Sunset Law".
Sec. 31-237d. Executive head of appeals division, delegation of his authority.
Hearing of appeals to board. (a) The chairman of the board shall be the executive head
of the appeals division. He may delegate to any person employed in the appeals division
such authority as he deems reasonable and proper for the effective administration of the
division's responsibilities.
(b) In any appeal to the board the board or any of its members may hear the appeal,
except that the full board shall hear and decide cases requiring the application of subsection (a)(3) of section 31-236 and cases in which a party has specifically requested in
writing a hearing by the full board, provided the decision on all appeals shall be by a
majority vote of the full board. The board shall approve or reject, by a majority vote,
each request for a hearing before the full board in accordance with the criteria for granting
such requests established in regulations adopted pursuant to section 31-237g. In any
case before the board, the board may delegate to a referee or other qualified employee
of the appeals division the taking or hearing of evidence.
(P.A. 74-339, S. 4, 36; P.A. 79-100; P.A. 83-570, S. 9, 17; P.A. 88-53, S. 1.)
History: P.A. 79-100 transferred responsibility for hearing appeals from chairman to board or any number and specified
that decisions must be made by a majority vote of the full board; P.A. 83-570 required board to approve or reject each
request for a hearing before the full board by a majority vote; P.A. 88-53 amended Subsec. (b) to authorize the board to
delegate to a qualified employee of the appeals division the taking or hearing of evidence; (Revisor's note: In 1991 the
reference in Subsec. (b) to "subsection (3)" was changed editorially by the Revisors to read "subsection (a)(3)").