Missouri Revised Statutes













Chapter 288

Employment Security

←288.055

Section 288.060.1

288.062→

August 28, 2015

Benefits, how paid--wage credits--limitation on duration of benefits--benefits due decedent--benefit warrants cancelled, when--electronic funds transfer system, allowed--remote claims filing procedures required, contents, duties.

288.060. 1. All benefits shall be paid through employment offices in

accordance with such regulations as the division may prescribe.



2. Each eligible insured worker who is totally unemployed in any week

shall be paid for such week a sum equal to his or her weekly benefit

amount.



3. Each eligible insured worker who is partially unemployed in any

week shall be paid for such week a partial benefit. Such partial benefit

shall be an amount equal to the difference between his or her weekly

benefit amount and that part of his or her wages for such week in excess of

twenty dollars, and, if such partial benefit amount is not a multiple of

one dollar, such amount shall be reduced to the nearest lower full dollar

amount. For calendar year 2007 and each year thereafter, such partial

benefit shall be an amount equal to the difference between his or her

weekly benefit amount and that part of his or her wages for such week in

excess of twenty dollars or twenty percent of his or her weekly benefit

amount, whichever is greater, and, if such partial benefit amount is not a

multiple of one dollar, such amount shall be reduced to the nearest lower

full dollar amount. Pay received by an eligible insured worker who is a

member of the organized militia for training or duty authorized by Section

502(a)(1) of Title 32, United States Code, shall not be considered wages

for the purpose of this subsection.



4. The division shall compute the wage credits for each individual by

crediting him or her with the wages paid to him or her for insured work

during each quarter of his or her base period or twenty-six times his or

her weekly benefit amount, whichever is the lesser. In addition, if a

claimant receives wages in the form of termination pay or severance pay and

such payment appears in a base period established by the filing of an

initial claim, the claimant may, at his or her option, choose to have such

payment included in the calendar quarter in which it was paid or choose to

have it prorated equally among the quarters comprising the base period of

the claim. For the purpose of this section, wages shall be counted as wage

credits for any benefit year, only if such benefit year begins subsequent

to the date on which the employing unit by whom such wages were paid has

become an employer. The wage credits of an individual earned during the

period commencing with the end of a prior base period and ending on the

date on which he or she filed an allowed initial claim shall not be

available for benefit purposes in a subsequent benefit year unless, in

addition thereto, such individual has subsequently earned either wages for

insured work in an amount equal to at least five times his or her current

weekly benefit amount or wages in an amount equal to at least ten times his

or her current weekly benefit amount.



**5. The duration of benefits payable to any insured worker during

any benefit year shall be limited to:



(1) Twenty weeks if the Missouri average unemployment rate is nine

percent or higher;



(2) Nineteen weeks if the Missouri average unemployment rate is

between eight and one-half percent and nine percent;



(3) Eighteen weeks if the Missouri average unemployment rate is eight

percent up to and including eight and one-half percent;



(4) Seventeen weeks if the Missouri average unemployment rate is

between seven and one-half percent and eight percent;



(5) Sixteen weeks if the Missouri average unemployment rate is seven

percent up to and including seven and one-half percent;



(6) Fifteen weeks if the Missouri average unemployment rate is

between six and one-half percent and seven percent;



(7) Fourteen weeks if the Missouri average unemployment rate is six

percent up to and including six and one-half percent;



(8) Thirteen weeks if the Missouri average unemployment rate is below

six percent.





As used in this subsection, the phrase "Missouri average unemployment rate"

means the average of the seasonally adjusted statewide unemployment rates

as published by the United States Department of Labor, Bureau of Labor

Statistics, for the time periods of January first through March

thirty-first and July first through September thirtieth. The average of

the seasonally adjusted statewide unemployment rates for the time period of

January first through March thirty-first shall be effective on and after

July first of each year and shall be effective through December

thirty-first. The average of the seasonally adjusted statewide

unemployment rates for the time period of July first through September

thirtieth shall be effective on and after January first of each year and

shall be effective through June thirtieth; and



(9) The provisions of this subsection shall become effective January

1, 2016.



6. In the event that benefits are due a deceased person and no

petition has been filed for the probate of the will or for the

administration of the estate of such person within thirty days after his or

her death, the division may by regulation provide for the payment of such

benefits to such person or persons as the division finds entitled thereto

and every such payment shall be a valid payment to the same extent as if

made to the legal representatives of the deceased.



7. The division is authorized to cancel any benefit warrant remaining

outstanding and unpaid one year after the date of its issuance and there

shall be no liability for the payment of any such benefit warrant

thereafter.



8. The division may establish an electronic funds transfer system to

transfer directly to claimants' accounts in financial institutions benefits

payable to them pursuant to this chapter. To receive benefits by

electronic funds transfer, a claimant shall satisfactorily complete a

direct deposit application form authorizing the division to deposit benefit

payments into a designated checking or savings account. Any electronic

funds transfer system created pursuant to this subsection shall be

administered in accordance with regulations prescribed by the division.



9. The division may issue a benefit warrant covering more than one

week of benefits.



10. Prior to January 1, 2005, the division shall institute procedures

including, but not limited to, name, date of birth, and Social Security

verification matches for remote claims filing via the use of telephone or

the internet in accordance with such regulations as the division shall

prescribe. At a minimum, the division shall verify the Social Security

number and date of birth when an individual claimant initially files for

unemployment insurance benefits. If verification information does not

match what is on file in division databases to what the individual is

stating, the division shall require the claimant to submit a

division-approved form requesting an affidavit of eligibility prior to the

payment of additional future benefits. The division of employment security

shall cross-check unemployment compensation applicants and recipients with

Social Security Administration data maintained by the federal government at

least weekly. The division of employment security shall cross-check at

least monthly unemployment compensation applicants and recipients with

department of revenue drivers license databases.



(L. 1951 p. 564, A.L. 1957 p. 531, A.L. 1961 p. 430, A.L. 1965 p. 420,

A.L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1992 S.B.

626, A.L. 1993 H.B. 502, A.L. 2004 H.B. 1268 & 1211, A.L. 2006

H.B. 1456, A.L. 2011 H.B. 163, A.L. 2015 H.B. 150)



*Effective 10-16-15, see § 21.250. H.B. 150 was vetoed on May 5,

2015. The veto was overridden by the House on May 12, 2015, and

by the Senate on September 16, 2015.



**Subsection 5 effective 1-01-16





2011

2006

2005

1993



2011



288.060. 1. All benefits shall be paid through employment offices in

accordance with such regulations as the division may prescribe.



2. Each eligible insured worker who is totally unemployed in any week

shall be paid for such week a sum equal to his or her weekly benefit amount.



3. Each eligible insured worker who is partially unemployed in any week

shall be paid for such week a partial benefit. Such partial benefit shall be

an amount equal to the difference between his or her weekly benefit amount and

that part of his or her wages for such week in excess of twenty dollars, and,

if such partial benefit amount is not a multiple of one dollar, such amount

shall be reduced to the nearest lower full dollar amount. For calendar year

2007 and each year thereafter, such partial benefit shall be an amount equal

to the difference between his or her weekly benefit amount and that part of

his or her wages for such week in excess of twenty dollars or twenty percent

of his or her weekly benefit amount, whichever is greater, and, if such

partial benefit amount is not a multiple of one dollar, such amount shall be

reduced to the nearest lower full dollar amount. Termination pay, severance

pay or pay received by an eligible insured worker who is a member of the

organized militia for training or duty authorized by Section 502(a)(1) of

Title 32, United States Code, shall not be considered wages for the purpose of

this subsection.



4. The division shall compute the wage credits for each individual by

crediting him or her with the wages paid to him or her for insured work during

each quarter of his or her base period or twenty-six times his or her weekly

benefit amount, whichever is the lesser. In addition, if a claimant receives

wages in the form of termination pay or severance pay and such payment appears

in a base period established by the filing of an initial claim, the claimant

may, at his or her option, choose to have such payment included in the

calendar quarter in which it was paid or choose to have it prorated equally

among the quarters comprising the base period of the claim. The maximum total

amount of benefits payable to any insured worker during any benefit year shall

not exceed twenty times his or her weekly benefit amount, or thirty-three and

one-third percent of his or her wage credits, whichever is the lesser. For

the purpose of this section, wages shall be counted as wage credits for any

benefit year, only if such benefit year begins subsequent to the date on which

the employing unit by whom such wages were paid has become an employer. The

wage credits of an individual earned during the period commencing with the end

of a prior base period and ending on the date on which he or she filed an

allowed initial claim shall not be available for benefit purposes in a

subsequent benefit year unless, in addition thereto, such individual has

subsequently earned either wages for insured work in an amount equal to at

least five times his or her current weekly benefit amount or wages in an

amount equal to at least ten times his or her current weekly benefit amount.



5. In the event that benefits are due a deceased person and no petition

has been filed for the probate of the will or for the administration of the

estate of such person within thirty days after his or her death, the division

may by regulation provide for the payment of such benefits to such person or

persons as the division finds entitled thereto and every such payment shall be

a valid payment to the same extent as if made to the legal representatives of

the deceased.



6. The division is authorized to cancel any benefit warrant remaining

outstanding and unpaid one year after the date of its issuance and there shall

be no liability for the payment of any such benefit warrant thereafter.



7. The division may establish an electronic funds transfer system to

transfer directly to claimants' accounts in financial institutions benefits

payable to them pursuant to this chapter. To receive benefits by electronic

funds transfer, a claimant shall satisfactorily complete a direct deposit

application form authorizing the division to deposit benefit payments into a

designated checking or savings account. Any electronic funds transfer system

created pursuant to this subsection shall be administered in accordance with

regulations prescribed by the division.



8. The division may issue a benefit warrant covering more than one week

of benefits.



9. Prior to January 1, 2005, the division shall institute procedures

including, but not limited to, name, date of birth, and Social Security

verification matches for remote claims filing via the use of telephone or the

internet in accordance with such regulations as the division shall prescribe.

At a minimum, the division shall verify the Social Security number and date of

birth when an individual claimant initially files for unemployment insurance

benefits. If verification information does not match what is on file in

division databases to what the individual is stating, the division shall

require the claimant to submit a division-approved form requesting an

affidavit of eligibility prior to the payment of additional future benefits.

The division of employment security shall cross-check unemployment

compensation applicants and recipients with Social Security Administration

data maintained by the federal government at least weekly. The division of

employment security shall cross-check at least monthly unemployment

compensation applicants and recipients with department of revenue drivers

license databases.



2006



288.060. 1. All benefits shall be paid through employment offices in

accordance with such regulations as the division may prescribe.



2. Each eligible insured worker who is totally unemployed in any week

shall be paid for such week a sum equal to his or her weekly benefit amount.



3. Each eligible insured worker who is partially unemployed in any week

shall be paid for such week a partial benefit. Such partial benefit shall be

an amount equal to the difference between his or her weekly benefit amount and

that part of his or her wages for such week in excess of twenty dollars, and,

if such partial benefit amount is not a multiple of one dollar, such amount

shall be reduced to the nearest lower full dollar amount. For calendar year

2007 and each year thereafter, such partial benefit shall be an amount equal

to the difference between his or her weekly benefit amount and that part of

his or her wages for such week in excess of twenty dollars or twenty percent

of his or her weekly benefit amount, whichever is greater, and, if such

partial benefit amount is not a multiple of one dollar, such amount shall be

reduced to the nearest lower full dollar amount. Termination pay, severance

pay or pay received by an eligible insured worker who is a member of the

organized militia for training or duty authorized by Section 502(a)(1) of

Title 32, United States Code, shall not be considered wages for the purpose

of this subsection.



4. The division shall compute the wage credits for each individual by

crediting him or her with the wages paid to him or her for insured work

during each quarter of his or her base period or twenty-six times his or her

weekly benefit amount, whichever is the lesser. In addition, if a claimant

receives wages in the form of termination pay or severance pay and such

payment appears in a base period established by the filing of an initial

claim, the claimant may, at his or her option, choose to have such payment

included in the calendar quarter in which it was paid or choose to have it

prorated equally among the quarters comprising the base period of the claim.

The maximum total amount of benefits payable to any insured worker during any

benefit year shall not exceed twenty-six times his or her weekly benefit

amount, or thirty-three and one-third percent of his or her wage credits,

whichever is the lesser. For the purpose of this section, wages shall be

counted as wage credits for any benefit year, only if such benefit year

begins subsequent to the date on which the employing unit by whom such wages

were paid has become an employer. The wage credits of an individual earned

during the period commencing with the end of a prior base period and ending

on the date on which he or she filed an allowed initial claim shall not be

available for benefit purposes in a subsequent benefit year unless, in

addition thereto, such individual has subsequently earned either wages for

insured work in an amount equal to at least five times his or her current

weekly benefit amount or wages in an amount equal to at least ten times his

or her current weekly benefit amount.



5. In the event that benefits are due a deceased person and no petition

has been filed for the probate of the will or for the administration of the

estate of such person within thirty days after his or her death, the division

may by regulation provide for the payment of such benefits to such person or

persons as the division finds entitled thereto and every such payment shall

be a valid payment to the same extent as if made to the legal representatives

of the deceased.



6. The division is authorized to cancel any benefit warrant remaining

outstanding and unpaid one year after the date of its issuance and there

shall be no liability for the payment of any such benefit warrant thereafter.



7. The division may establish an electronic funds transfer system to

transfer directly to claimants' accounts in financial institutions benefits

payable to them pursuant to this chapter. To receive benefits by electronic

funds transfer, a claimant shall satisfactorily complete a direct deposit

application form authorizing the division to deposit benefit payments into a

designated checking or savings account. Any electronic funds transfer system

created pursuant to this subsection shall be administered in accordance with

regulations prescribed by the division.



8. The division may issue a benefit warrant covering more than one week

of benefits.



9. Prior to January 1, 2005, the division shall institute procedures

including, but not limited to, name, date of birth, and Social Security

verification matches for remote claims filing via the use of telephone or the

Internet in accordance with such regulations as the division shall prescribe.

At a minimum, the division shall verify the Social Security number and date

of birth when an individual claimant initially files for unemployment

insurance benefits. If verification information does not match what is on

file in division databases to what the individual is stating, the division

shall require the claimant to submit a division-approved form requesting an

affidavit of eligibility prior to the payment of additional future benefits.

The division of employment security shall cross-check unemployment

compensation applicants and recipients with Social Security Administration

data maintained by the federal government at least weekly. The division of

employment security shall cross-check at least monthly unemployment

compensation applicants and recipients with department of revenue drivers

license databases.



2005



288.060. 1. All benefits shall be paid through employment offices in

accordance with such regulations as the division may prescribe.



2. Each eligible insured worker who is totally unemployed in any week

shall be paid for such week a sum equal to his or her weekly benefit

amount.



3. Each eligible insured worker who is partially unemployed in any

week shall be paid for such week a partial benefit. Such partial benefit

shall be an amount equal to the difference between his or her weekly

benefit amount and that part of his or her wages for such week in excess of

twenty dollars, and, if such partial benefit amount is not a multiple of

one dollar, such amount shall be reduced to the nearest lower full dollar

amount. For calendar year 2007 and each year thereafter, such partial

benefit shall be an amount equal to the difference between his or her

weekly benefit amount and that part of his or her wages for such week in

excess of twenty dollars or twenty percent of his or her weekly benefit

amount, whichever is greater, and, if such partial benefit amount is not a

multiple of one dollar, such amount shall be reduced to the nearest lower

full dollar amount. Termination pay, severance pay or pay received by an

eligible insured worker who is a member of the organized militia for

training or duty authorized by section 502(a)(1) of Title 32, United States

Code, shall not be considered wages for the purpose of this subsection.



4. The division shall compute the wage credits for each individual by

crediting him or her with the wages paid to him or her for insured work

during each quarter of his or her base period or twenty-six times his or

her weekly benefit amount, whichever is the lesser. In addition, if a

claimant receives wages in the form of termination pay or severance pay and

such payment appears in a base period established by the filing of an

initial claim, the claimant may, at his or her option, choose to have such

payment included in the calendar quarter in which it was paid or choose to

have it prorated equally among the quarters comprising the base period of

the claim. The maximum total amount of benefits payable to any insured

worker during any benefit year shall not exceed twenty-six times his or her

weekly benefit amount, or thirty-three and one-third percent of his or her

wage credits, whichever is the lesser. For the purpose of this section,

wages shall be counted as wage credits for any benefit year, only if such

benefit year begins subsequent to the date on which the employing unit by

whom such wages were paid has become an employer. The wage credits of an

individual earned during the period commencing with the end of a prior base

period and ending on the date on which he or she filed an allowed initial

claim shall not be available for benefit purposes in a subsequent benefit

year unless, in addition thereto, such individual has subsequently earned

either wages for insured work in an amount equal to at least five times his

or her current weekly benefit amount or wages in an amount equal to at

least ten times his or her current weekly benefit amount.



5. In the event that benefits are due a deceased person and no

petition has been filed for the probate of the will or for the

administration of the estate of such person within thirty days after his or

her death, the division may by regulation provide for the payment of such

benefits to such person or persons as the division finds entitled thereto

and every such payment shall be a valid payment to the same extent as if

made to the legal representatives of the deceased.



6. The division is authorized to cancel any benefit warrant remaining

outstanding and unpaid one year after the date of its issuance and there

shall be no liability for the payment of any such benefit warrant

thereafter.



7. The division may establish an electronic funds transfer system to

transfer directly to claimants' accounts in financial institutions benefits

payable to them pursuant to this chapter. To receive benefits by

electronic funds transfer, a claimant shall satisfactorily complete a

direct deposit application form authorizing the division to deposit benefit

payments into a designated checking or savings account. Any electronic

funds transfer system created pursuant to this subsection shall be

administered in accordance with regulations prescribed by the division.



8. The division may issue a benefit warrant covering more than one

week of benefits.



9. Prior to January 1, 2005, the division shall institute procedures

including, but not limited to, name, date of birth, and Social Security

verification matches for remote claims filing via the use of telephone or

the Internet in accordance with such regulations as the division shall

prescribe. At a minimum, the division shall verify the Social Security

number and date of birth when an individual claimant initially files for

unemployment insurance benefits. If verification information does not

match what is on file in division databases to what the individual is

stating, the division shall require the claimant to submit a division-

approved form requesting an affidavit of eligibility prior to the payment

of additional future benefits. The division of employment security shall

cross-check unemployment compensation applicants and recipients with Social

Security Administration data maintained by the federal government on the

most frequent basis recommended by the United States Department of Labor,

or absent a recommendation, at least monthly. The division of employment

security shall cross-check at least monthly unemployment compensation

applicants and recipients with department of revenue drivers license

databases.



1993



288.060. 1. All benefits shall be paid through employment

offices in accordance with such regulations as the division may

prescribe.



2. Each eligible insured worker who is totally unemployed

in any week shall be paid for such week a sum equal to his weekly

benefit amount.



3. Each eligible insured worker who is partially unemployed

in any week shall be paid for such week a partial benefit. Such

partial benefit shall be an amount equal to the difference

between his weekly benefit amount and that part of his wages for

such week in excess of twenty dollars, and, if such partial

benefit amount is not a multiple of one dollar, such amount shall

be reduced to the nearest lower full dollar amount. Termination

pay, severance pay or pay received by an eligible insured worker

who is a member of the organized militia for training or duty

authorized by section 502(a)(1) of Title 32, United States Code,

or who is an elected official shall not be considered wages for

the purpose of this subsection.



4. The division shall compute the wage credits for each

individual by crediting him with the wages paid to him for

insured work during each quarter of his base period or twenty-six

times his weekly benefit amount, whichever is the lesser. In

addition, if a claimant receives wages in the form of termination

pay or severance pay and such payment appears in a base period

established by the filing of an initial claim, the claimant may,

at his option, choose to have such payment included in the

calendar quarter in which it was paid or choose to have it

prorated equally among the quarters comprising the base period of

the claim. The maximum total amount of benefits payable to any

insured worker during any benefit year shall not exceed

twenty-six times his weekly benefit amount, or thirty-three and

one-third percent of his wage credits, whichever is the lesser.

For the purpose of this section, wages shall be counted as wage

credits for any benefit year, only if such benefit year begins

subsequent to the date on which the employing unit by whom such

wages were paid has become an employer. The wage credits of an

individual earned during the period commencing with the end of a

prior base period and ending on the date on which he filed an

allowed initial claim shall not be available for benefit purposes

in a subsequent benefit year unless, in addition thereto, such

individual has subsequently earned either wages for insured work

in an amount equal to at least five times his current weekly

benefit amount or wages in an amount equal to at least ten times

his current weekly benefit amount.



5. In the event that benefits are due a deceased person and

no petition has been filed for the probate of the will or for the

administration of the estate of such person within thirty days

after his death, the division may by regulation provide for the

payment of such benefits to such person or persons as the

division finds entitled thereto and every such payment shall be a

valid payment to the same extent as if made to the legal

representatives of the deceased.



6. The division is authorized to cancel any benefit warrant

remaining outstanding and unpaid one year after the date of its

issuance and there shall be no liability for the payment of any

such benefit warrant thereafter.



7. The division may establish an electronic funds transfer

system to transfer directly to claimants' accounts in financial

institutions benefits payable to them pursuant to this chapter.

To receive benefits by electronic funds transfer, a claimant

shall satisfactorily complete a direct deposit application form

authorizing the division to deposit benefit payments into a

designated checking or savings account. Any electronic funds

transfer system created pursuant to this subsection shall be

administered in accordance with regulations prescribed by the

division.



8. The division may issue a benefit warrant covering more

than one week of benefits.



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