Division Of Employment - Alaska

Transcription

Division of Employmentand Training ServicesP.O. Box 115509Juneau, AK 99811-5509Telephone: (907) 269-4700Fax: (907) 465-2741

Table of ContentsOVERVIEW . 1WHAT IS PANDEMIC UNEMPLOYMENT ASSISTANCE? . 1DEFINITION OF A PANDEMIC . 1DURATION OF BENEFITS . 1WHO MAY BE ELIGIBLE FOR PANDEMIC UNEMPLOYMENT ASSISTANCE?. 1I AM NOT A UNITED STATES CITIZEN, AM I ELIGIBLE FOR PUA BENEFITS? . 2GENERAL ELIGIBILITY REQUIREMENTS. 2CONDITIONS OF UNEMPLOYMENT AS A DIRECT RESULT OF THE PANDEMIC. 2HOW DO I KNOW IF I AM ELIGIBLE FOR BENEFITS?. 3WHAT IF I DISAGREE?. 3COMPUTATION OF WEEKLY BENEFIT AMOUNT (WBA) . 3WHAT IF I CANNOT PROVIDE THE NECESSARY DOCUMENTATION SHOWING I WAS EMPLOYEDOR SELF-EMPLOYED AT THE TIME OF THE PANDEMIC?. 4WEEKLY PUA CLAIMS . 4REDUCTION OF PUA BENEFITS . 4ARE MY BENEFITS TAXABLE? . 4WHAT IF I AM OVERPAID? . 5WHAT ARE MY RESPONSIBILITIES?. 5WHY MUST I PROVIDE DOCUMENTATION AND PROOF OF MY SOCIAL SECURITY NUMBER?. 5HOW AND WHERE CAN I APPLY FOR PUA?. 5WILL I RECEIVE THE 300 SUPPLEMENTAL PAYMENT FOR FEDERAL PANDEMICUNEMPLOYMENT COMPENSATION?. 5We are an equal opportunityemployer/program. Auxiliary aids andservices are available upon request toindividuals with disabilities.PUARev. 5/24/2021

pandemic. US DOLWD, not employer payrolltaxes, provides the funding for PUA.OVERVIEWThe following handbook provides generalinformation concerning your rights andresponsibilities while filing for PandemicUnemployment Assistance (PUA). Theexplanations included in this handbook are tohelp you to understand the benefit provisions ofthe PUA program.DEFINITION OF A PANDEMICA “pandemic” is a worldwide disease that mayresult in the declaration of a public healthemergency and which may warrant federalgovernment assistance to individuals andcommunities.Do not rely on advice from friends or relatives. Ifyou do not understand something or have aconcern about your claim, not covered in thishandbook, contact the Alaska Department ofLabor and Workforce Development (DOLWD) at(907) 465-5552.DURATION OF BENEFITSPUA is available to eligible individuals for a totalof 79 weeks of benefits, minus any weeks paidunder any other state or federal UI programissued during this pandemic period, exceptPEUC. Weeks paid through PEUC do not countagainst the potential 79 weeks available throughPUA.Due to the Privacy Act, the Alaska DOLWD staffcannot discuss your claim with anyone otherthan you. This includes your spouse, mother,father, or another family member.WHAT IS PANDEMICUNEMPLOYMENT ASSISTANCE?Continued eligibility for benefits is determined ona week-to-week basis, and individuals must fileweekly claims to receive weekly payments.On Mar. 27, 2020, the President signed into lawwhat is known as the “Coronavirus Aid, Relief,and Economic Security Act” or the “CARES Act,”which included the PUA program.PUA benefits for individuals affected by COVID19 are available starting with the week endingFeb. 8, 2020, and can be paid up to the weekending Sep. 4, 2021, if the individual remainseligible. The “Continued Assistance forUnemployed Workers Act of 2020,” added 11weeks to the original 39 from the “CARES Act,”for a total of 50 potential weeks.On Dec. 27, 2020, the President signed into lawthe “Continued Assistance toUnemployed Workers Act of 2020,” whichextended the duration of PUA and addedadditional requirements for eligibility.On Mar. 11, 2021, the President signed into lawwhat is known as the “American Rescue PlanAct, 2021” which extended the duration of thePUA program.The “American Rescue Plan Act” adds 29 weeksto the 50 from the two previous acts for a total of79 potential weeks, and extends the programend date to Sep. 4, 2021.This program is designed to provide benefits toindividuals who are ineligible for regularUnemployment Insurance (UI), PandemicEmergency Unemployment Compensation(PEUC), or state Extended Benefits (EB).WHO MAY BE ELIGIBLE FORPANDEMIC UNEMPLOYMENTASSISTANCE?PUA is available to unemployed workers or selfemployed individuals who lost employment orwere to begin employment when the pandemicoccurred. Individuals who cannot work becauseof an illness as a direct result of the pandemic orhave become the breadwinner because thehead of household has died as a direct result ofPUA benefits are only available when thePresident of the United States declares that apublic health emergency has occurred. Statesadminister the PUA program through voluntaryagreements with the United States Departmentof Labor and Workforce Development (USDOLWD). PUA is available to aid individualswho are unable to work as a direct result of thePUAPage 1Rev: 5/24/2021

the pandemic may also be eligible for PUAbenefits. I AM NOT A UNITED STATESCITIZEN, AM I ELIGIBLE FOR PUABENEFITS? PUA is only available to U.S. Citizens or U.S.non-citizen nationals, or qualified aliens underthe U.S. Immigration and Nationality Act (INA).Individuals who wish to receive PUA benefitsmust provide proof of identity and demonstratetheir status as U.S. citizens, U.S. nationals, orqualified aliens. This is irrespective of territorylaw eligibility criteria for regular unemploymentbenefits. Qualified aliens include: Legal permanent resident (“green card”holder)An asylee, refugee, or an alien whosedeportation is being withheldAlien paroled into the U.S. for at least oneyearAlien granted conditional entry (per law ineffect before Apr. 1, 1980)Cuban/Haitian entrantAliens in the U.S. who have been abused,subject to battery or extreme cruelty by aspouse or other family/household member,or have been a victim of a severe form ofhuman traffickingAliens whose children have been abusedand alien children whose parent has beenabused who fit certain criteria CONDITIONS OFUNEMPLOYMENT AS A DIRECTRESULT OF THE PANDEMICGENERAL ELIGIBILITYREQUIREMENTSThe following conditions of unemployment musthave occurred as a direct result of the majorpandemic to qualify for PUA:To be eligible for PUA you must meet thefollowing eligibility requirements: An initial application for PUA filed afterAlaska DOLWD announced PUA availabilityon Apr. 16, 2020. Timely applications forPUA are accepted through Sep. 4, 2021.Any PUA application received after Sep. 4,2021, may result in a denial of PUA benefitsunless it is determined there was goodcause for late filing.Your unemployment or inability to performservices as a self-employed individual musthave been a direct result of the pandemic.PUAYour principal source of income must havebeen generated from your employment orself-employment.You do not qualify for regular unemploymentbenefits from any state.You must present documented proof thatyou had existing or pending employment orself-employment when the pandemicoccurred. You may have already met thisrequirement if you provided documentationverifying your income. Your deadlinedepends on when you first filed your claim. Ifyou had an existing claim and filed forpayment for the week ending Dec. 26, 2020,or after, you will be required to substantiateyour existing or pending employment or selfemployment at the time the pandemicbegan. If you filed a new claim before Jan.31, 2021, you will have 90 days from thetime we notify you, to supply the requireddocuments. If you file a claim on or afterJan. 31, 2021, you have 21 days from thedate we notify you, to provide the requireddocumentation.Proof of employment or self-employment atthe time of the pandemic can include stateagency wage records, paycheck stubs, bankreceipts, business records, ledgers,contracts, invoices, billing statements, 1099sor W-2s, and tax returns for the most recentcompleted tax year. If you do not submitproof by your deadline, PUA benefits maybe denied and an overpayment may result.Individuals must be out of work because of oneof the following: Page 2The individual has been diagnosed withCOVID-19 or is experiencing symptoms ofCOVID-19 and seeking a medical diagnosis.A member of the individual’s household hasbeen diagnosed with COVID-19.The individual is providing care for a familymember or a member of the individual’shousehold who has been diagnosed withCOVID-19.Rev: 5/24/2021

A child or other person in the household forwhich the individual has primary caregivingresponsibility is unable to attend a school oranother facility that is closed as a directresult of the COVID-19 public healthemergency and such school or facility careis required for the individual to work.The individual is unable to reach the place ofemployment because of a quarantineimposed as a direct result of the COVID-19public health emergency.The individual is unable to reach the place ofemployment because the individual hasbeen advised by a health care provider toself-quarantine due to concerns related toCOVID-19.The individual was scheduled to commenceemployment and does not have a job, or isunable to reach the job as a direct result ofthe COVID-19 public health emergency.The individual has become the breadwinneror major support for a household becausethe head of the household has died as adirect result of COVID-19.The individual has to quit his or her job as adirect result of COVID-19.The individual’s place of employment isclosed as a direct result of the COVID-19public health emergency.Self-employed individuals (includingindependent contractors and gig workers)who have experienced a significantreduction of services because of the COVID19 public health emergency.The individual has been denied continuedunemployment benefits because theindividual refused to return to work or acceptan offer of work at a worksite that, in eitherinstance, is not in compliance with local,state, or national health and safetystandards directly related to COVID-19. Thisincludes, but is not limited to, those relatedto facial mask wearing, physical distancingmeasures, or the provision of personalprotective equipment consistent with publichealth guidelines.Certain individuals providing services toeducational institutions or educationalservice agencies; andThe individual is experiencing a reduction ofhours or a temporary or permanent lay-offPUAHOW DO I KNOW IF I AMELIGIBLE FOR BENEFITS?You can only be paid benefits if you meet all thefederal requirements under the PUA program.The Alaska DOLWD will issue a Notice ofEligibility Determination advising you of yourweekly benefit amount (WBA) if you meet theeligibility requirements of the PUA program. Ifyou do not meet the eligibility requirements ofthe PUA program, the Notice of EligibilityDetermination will explain why you are noteligible for PUA.WHAT IF I DISAGREE?If you disagree with the determination, you havethe right to request a reconsideration of thedetermination and you may file an appeal. If yourequest a reconsideration of the determination,the Alaska DOLWD will review its priordetermination and consider any new informationyou provide. You must submit a request forreconsideration within 30 calendar days from thedate of the determination. If you disagree withthe reconsideration determination you may filean appeal within 30 calendar days, and atelephone hearing will be scheduled with anappeal referee.You may appeal any written determinations thatdeny or affect your eligibility for PUA benefits.The Alaska DOLWD will send you informationon the hearings process.COMPUTATION OF WEEKLYBENEFIT AMOUNT (WBA)In Alaska, the PUA WBA for an unemployedworker or an unemployed self-employedindividual for a week of total unemployment isbased on the average of the payments of regularcompensation made under state unemploymentcompensation laws for weeks of totalunemployment, and on income earned in themost recent completed tax year.The “Coronavirus Aid, Relief, and EconomicSecurity Act” (CARES Act) has determined thatthe minimum PUA WBA is 133 and themaximum PUA WBA is based on state law.Alaska’s maximum WBA is 370.Page 3Rev: 5/24/2021

WHAT IF I CANNOT PROVIDE THENECESSARY DOCUMENTATIONSHOWING I WAS EMPLOYED ORSELF-EMPLOYED AT THE TIMEOF THE PANDEMIC?REDUCTION OF PUA BENEFITSTo receive PUA, individuals must supply allrequired documentation that substantiates theiremployment, or self-employment, or work thatwas to begin at the time of the pandemic. If youfail to substantiate your self-employment andincome, your PUA claim may be re-determinedto be invalid, and you will be liable for anyoverpaid benefits. If it is determined that youmade false statements to collect PUA, you willbe subject to administrative penalties and maybe prosecuted for fraud. The weekly benefit amount payable to you willbe reduced by wages or income that you havereceived for a week or will receive for a weekbased on the following criteria: WEEKLY PUA CLAIMS You must file weekly PUA claims timelyaccording to the instructions and forms providedto you by the Alaska DOLWD Division ofEmployment and Training Services. PUA is paid on a calendar week basis in Alaska.You must file your weekly claim for benefitswithin seven days immediately following theSaturday of the week you are claiming. AlaskaDOLWD must receive all weekly claims forassistance after the Saturday of the week youare claiming. Any request for benefits submittedbefore the Saturday of the week being claimedis considered untimely and payment for theweek may be denied. If an individual in an employer-employeerelationship reports gross earnings or a selfemployed individual reports net earnings of lessthan the WBA for any week claimed, they areconsidered partially unemployed. The first 50 ofreported earnings will not reduce the PUA WBA.Any amount over 50 of earnings reported willreduce the PUA WBA. If you have wages equalto or more than 11/3 times your weekly benefitamount plus 50, you are considered fullyemployed and no PUA benefits will be paid.You must be able and available for work unless youare unable to work as a direct result of the COVID19 pandemic or you are unable to reach your placeof employment as a direct result of the pandemic. Ifyou performed any work for any employer, youmust report gross wages when earned (notwhen paid) for each week claimed. If you are aself-employed individual, you must report netincome when paid (regardless of when earned)for each week claimed.ARE MY BENEFITS TAXABLE?Visit https://my.alaska.gov/ online to get to thePUA portal to file your weekly claimscertifications. If you are unable to file yourweekly claim online, you must contact yournearest claim center for assistance.PUAGross income over 50 earned in anemployer-employee relationship whetherpaid or not. For self-employed individuals,net income received over 50 during theweek for the performance of services in selfemployment, regardless of whether or notany services were performed during theweek.Any benefits or insurance from any sourcenot defined as “compensation” under PUAregulation for the loss of wages due toillness or disability, such as private incomeprotection insurance, etc.Workers compensation by the death of thehead of household as a direct result of thepandemic if the individual has become thehead of the household and is seekingsuitable work.Supplemental unemployment benefits (SUB)under a collective bargaining agreement.Private income protection insurance, by theamount the individual has received, isreceiving or would be receiving if aninsurance claim was filed.Any public or private retirement pension orannuity.PUA benefits are subject to federal incometaxes. Alaska DOLWD will provide you a 1099-Gform by Jan. 31 for the prior tax year showingthe amount of PUA payments you received.Page 4Rev: 5/24/2021

calling your claim center for assistance at one ofthe following numbers:WHAT IF I AM OVERPAID?Occasionally an individual may receive benefitsto which they are not entitled, causing anoverpayment. You will be notified in writing if it isdetermined that you have been overpaid. If aPUA overpayment is established, you will beresponsible to repay the PUA amount that wasoverpaid.Juneau: (907) 465-5552Fairbanks: (907) 451-2871Anchorage: (907) 269-4700All other areas: (888) 252-2557To receive PUA, individuals must provide allrequested documentation to prove theiremployment or self-employment, or workthat was to begin at the time of thepandemic. You can upload documents onlinethrough your PUA profile, mail them to theaddress below, or fax them to the numberbelow:WHAT ARE MYRESPONSIBILITIES?You are responsible to read the informationprovided in this handbook.You are responsible for any information youfurnish to claim benefits under the PUAprogram. All information is subject to verificationto ensure it is complete and correct.If you willingly make a false statement orconceal information to receive PUA, you may besubject to criminal prosecution and penaltiesunder Alaska and/or Federal Law. Also, you willbe liable for repayment of any PUA paymentsthat are determined to be overpaid because ofsuch concealed information or falsestatement(s).Alaska Department of Labor and WorkforceDevelopmentDivision of Employment and TrainingServicesATTN: PUA/UI SupportP.O. Box 115509Juneau, AK 99811-5509Fax: (907) 465-2741, use “ATTN: PUA” onthe cover sheet.Documents should include your name andcontact information.WHY MUST I PROVIDEDOCUMENTATION AND PROOFOF MY SOCIAL SECURITYNUMBER?WILL I RECEIVE THE 300SUPPLEMENTAL PAYMENT FORFEDERAL PANDEMICUNEMPLOYMENTCOMPENSATION?Information requested for use by the AlaskaDOLWD, Employment and Training Services, isauthorized under Robert T. Stafford DisasterRelief and Emergency Assistance Act (StaffordAct) (42 U.S.C. §5177). All information furnishedwill be kept confidential, except to the extent thatrelease of such information is authorized inprocessing your claim and will not be releasedor used for any purpose other than forestablishing your PUA eligibility and to ensurethat benefits have been properly paid.If you are eligible to receive a week of PUAbenefits you will also receive the additional 300supplemental payment under the FederalPandemic Unemployment Compensation(FPUC) program. The 300 FPUC payment ispayable only for weeks of unemploymentbeginning on or after the week ending Jan. 2,2021. FPUC is not payable for any week ofunemployment ending after June 19, 2021.HOW AND WHERE CAN I APPLYFOR PUA?Individuals whose employment was impacted bythe COVID-19 pandemic may apply for PUA bygoing online to https://my.alaska.gov/, or byPUAReferences: 20 CFR 625; P.L. 116-136 (CARES Act); P.L.116-260 (Continued Assistance for Unemployed WorkersAct of 2020)Page 5Rev: 5/24/2021

We are an equal opportunity employ er/program. Auxiliary aids and serv ices are av ailableupon request to indiv iduals with disabilities.PUAPage 6Rev: 5/24/2021

PUA Page 1 Rev: 5/24/2021 OVERVIEW pandemic The following handbook provides general information concerning your rights and responsibilities while filing for Pandemic Unemployment Assistance (PUA). The explanations included in this handbook are to help you to understand the benefit provisions of the PUA program. result in the declaration of a