Workforce Services, Unemployment Insurance

Section R994-405-104

Quit to Accompany, Follow or Join a Spouse

Notice of Proposed Rule

(Amendment)

DAR File No.: 36134
Filed: 05/01/2012 11:44:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to comply with recent legislative changes.

Summary of the rule or change:

The Utah Legislature passed H.B. 263 in the 2012 General Session. That law allows benefits to a claimant who quits his or her job to accompany his or her spouse to a new location because of the spouse's military assignment. The rule is necessary to provide a start date for this change and define terms.

State statutory or constitutional authorization for this rule:

• Subsection 35A-4-502(1)(b)
• Section 35A-1-104
• Subsection 35A-1-104(4)
• Section 35A-4-405
• Section 35A-4-307

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget. There will very few claimants who will receive benefits who might not have before but any costs associated with that change are in the statute and not in this rule.

local governments:

This is a federally funded program so there are no costs of savings to local government. Any costs were contemplated by the statute. This proposed rule will not affect local government.

small businesses:

There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. Any costs that might be incurred were contemplated by the statute and this proposed rule amendment does not affect any small business. Employers have been relieved of costs but the costs will be added to social costs by the legislation.

persons other than small businesses, businesses, or local governmental entities:

There are no costs or savings to any other persons or small businesses as there are no fees associated with this program and it is federally funded. Any costs that might be incurred were contemplated by the statute and this proposed rule amendment does not affect any persons other than small businesses, businesses, or local governmental entities.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These rule changes will not impact any employers contribution rate beyond what was contemplated by the statute for social costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate.

Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Unemployment Insurance
140 E 300 S
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2012

This rule may become effective on:

06/21/2012

Authorized by:

Kristen Cox, Executive Director

R994. Workforce Services, Unemployment Insurance.

R994-405. Ineligibility for Benefits.

R994-405-104. Quit to Accompany, Follow or Join a Spouse.

(1) Except as provided in subsection (3) [I]if a claimant quit work to join, accompany, or follow a spouse or significant other to a new locality, good cause is not established. Furthermore, the equity and good conscience standard is not to be applied in this circumstance. It is the intent of this provision to deny benefits even though a claimant may have faced extremely compelling circumstances including the cost of maintaining two households and the desire to keep the family intact. If the claimant's employment is contingent on the spouse's military assignment and the spouse is reassigned, the separation will be considered a discharge.

(2) [For the purposes of this section, spouse is considered to include a significant other.

(3)] Quitting to get married is also disqualifying as provided in R994-405-107(7)(a).

(3)(a) A claimant who quits to accompany or follow his or her spouse to a new locality can establish good cause for quitting if the claimant can show all of the following:

(i) the claimant's spouse is a member of the United States armed forces and has been relocated by a full time assignment scheduled to last at least 180 days while on active duty as defined in 10 U.S.C. Sec. 101(d)(1) or active guard or reserve duty as defined in 10 U.S.C. Sec. 101(d)(6),

(ii) it is impractical for the claimant to commute to the previous work from the new locality, and

(iii) the claimant otherwise meets and follows the eligibility and reporting requirements including R994-403-112c(2)(a)(i).

(b) A claimant who is eligible under this subsection will be denied benefits for the limited period of time the claimant could have continued working up to 15 days before the scheduled start date of the spouse's active duty assignment as it is considered to be a failure to accept all available work as required under subsection 35A-4-403(1)(c).

(c) This subsection only applies to claims filed or reopened on or after May 6, 2012.

 

KEY: unemployment compensation, employment, employee's rights, employee termination

Date of Enactment or Last Substantive Amendment: [December 3, 2008]2012

Notice of Continuation: June 26, 2007

Authorizing, and Implemented or Interpreted Law: 35A-4-502(1)(b); 35A-1-104(4); 35A-4-405