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11-10-517. Disqualification — Receipt of other remunerations.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-517. Disqualification — Receipt of other remunerations.
If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits for any week with respect to which he or she receives or has received remuneration in the form of:
(1)Separation Payments.
(A) For initial claims made on and after January 1, 2018:
(i)(a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment.
(b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section.
(c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and
(ii)(a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay.
(b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii)(a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage.
(B) For the purposes of subdivision (1)(A) of this section, a partial week of separation pay shall be treated as a payment for a full week of separation;
(2) Unemployment benefits under an unemployment compensation law of another state or of the United States;
(3)(A) Any governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment received with respect to the week and that is based on the previous work of the claimant if payment is received under a plan maintained or contributed to by a base-period employer.
(B)(i) However, the a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-517
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-10-517
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3006b3ca8b71b49637c98a8ba3359b024e83caa4f630daf8bfd1f6a7ef18150c
Source location: content.xml paragraph 12225
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11-10-517. Disqualification — Receipt of other remunerations.
If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits for any week with respect to which he or she receives or has received remuneration in the form of:
(1)Separation Payments.
(A) For initial claims made on and after January 1, 2018:
(i)(a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment.
(b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section.
(c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and
(ii)(a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay.
(b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii)(a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage.
(B) For the purposes of subdivision (1)(A) of this section, a partial week of separation pay shall be treated as a payment for a full week of separation;
(2) Unemployment benefits under an unemployment compensation law of another state or of the United States;
(3)(A) Any governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment received with respect to the week and that is based on the previous work of the claimant if payment is received under a plan maintained or contributed to by a base-period employer.
(B)(i) However, the amount of unemployment benefits payable to the individual for the week shall be reduced, but not below zero ($0.00), by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment that is reasonably attributable to the week.
(ii) Any weekly benefit amount that is reduced because of the receipt of remuneration as defined under this section and that is not an even multiple of one dollar ($1.00) shall be rounded to the next lower multiple of one dollar ($1.00).
(C) If payments referred to in this subdivision (3) are being received by any individual under the federal Social Security Act, the director shall take into account the individual's contribution and make no reduction in the weekly benefit amount;
(4)(A) Training and retraining allowance provided for by appropriation of the United States Congress.
(B) However, this subdivision (4) does not apply if the claimant has met the benefit eligibility conditions set out in §§ 11-10-507 — 11-10-511 and other sections of this chapter;
(5) Vacation Payments.
(A) Vacation payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the vacation period occurred.
(B) For the purpose of this subdivision (5), the employer shall promptly report the week or weeks involved in the vacation period as well as the corresponding amount of vacation pay with respect to such week or weeks.
(C) Any vacation payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section;
(6) Bonus payments that shall be treated as earnings in accordance with § 11-10-503 only for the week in which the payment is received;
(7) Sick Payments.
(A) Sick payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the sick-pay period occurred.
(B) For the purpose of this subdivision (7), the employer shall promptly report the week or weeks involved in the sick-pay period as well as the corresponding amount of sick payments with respect to the week or weeks.
(C) However, any sick payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section; and
(8) Holiday Payments.
(A) Holiday payments shall be treated as earnings in accordance with § 11-10-503 for the week or weeks in which the holiday occurred.
(B) For the purpose of this subdivision (8), the employer shall promptly report the week or weeks involved in the holiday pay period and the corresponding amount of holiday payments for that holiday pay period.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-503. Weekly benefits for partial unemployment.
(a) Any insured worker who is unemployed in any week as defined in § 11-10-214 and who meets the eligibility requirements of §§ 11-10-507 — 11-10-511 shall be paid, with respect to the week, an amount equal to his or her weekly benefit amount less that part of any earnings payable to him or her with respect to the week that is in excess of forty percent (40%) of his or her weekly benefit amount.
(b) The benefits, if not a multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-503
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-503. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-507. Eligibility — Conditions — Definitions.
An insured worker shall be eligible to receive benefits with respect to any week only if the Director of the Division of Workforce Services finds that:
(1) Claim for Benefits. He or she has made a claim for benefits with respect to such week in accordance with such rules as the director may prescribe;
(2) Registration and Reporting. He or she has registered for work at and thereafter continued to report to a Division of Workforce Services office in accordance with such rules as the director may prescribe. The director, by rule, may waive or alter either or both of the requirements of this subdivision (2) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he or she finds that compliance with these requirements would be oppressive or would be inconsistent with the purpose of this chapter. However, no such rules shall conflict with § 11-10-501;
(3)Able to Work and Available for Work.
(A)(i) The worker is unemployed, is physically and mentally able to perform suitable work, and is available for the work. Mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work, or willingness to accept work unless the individual is doing those things which a reasonably prudent individual would be expected to do to secure work.
(ii) In determining suitable work under this section and for refusing to apply for or accept suitable work under § 11-10-515, part-time work shall be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility are from full-time work.
(iii) In determining suitable work under this section or under § 11-10-5
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-507
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-507. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-511. Ineligibility — Aliens — Exception.
(a) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing those services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of § 212(d)(5) of the Immigration and Nationality Act.
(b)(1) 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.
(2) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-511
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-511. This identifies an authority to review, not proof of applicability.