(a)For any week with respect to which the following
situations occur or payments have been or will be received, an
individual shall be disqualified from benefit entitlement if:
(i)Total or part total unemployment for any week is
due to work stoppage resulting from a labor dispute on the
employment premises at which he was last employed. This
paragraph does not apply if the department finds the individual
is not participating in, financing or directly interested in the
labor dispute and is not a member of a grade or class of workers
with members employed on the premises and participating in,
financing or directly interested in the dispute. If separate
types of work commonly conducted as separate businesses in
separate premises are conducted in separate departments of the
same premises, ea
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(a) For any week with respect to which the following
situations occur or payments have been or will be received, an
individual shall be disqualified from benefit entitlement if:
(i) Total or part total unemployment for any week is
due to work stoppage resulting from a labor dispute on the
employment premises at which he was last employed. This
paragraph does not apply if the department finds the individual
is not participating in, financing or directly interested in the
labor dispute and is not a member of a grade or class of workers
with members employed on the premises and participating in,
financing or directly interested in the dispute. If separate
types of work commonly conducted as separate businesses in
separate premises are conducted in separate departments of the
same premises, each department is a separate premises under this
paragraph;
(ii) Repealed By Laws 2003, Ch. 73, § 2.
(iii) Unemployment benefits are applied for or
received under law of another state or the federal government.
This paragraph does not apply if the other state or the federal
government determines the individual is not entitled to benefits
or to benefits received under an agreement between this state
and the federal government pursuant to law;
(iv) Self-employed for profit in an independently
established trade, occupation, profession or business for more
than three (3) days in any week or net earnings from
self-employment are in excess of the weekly benefit amount. If
net earnings computed to the next lower multiple of one dollar
($1.00) are less than the weekly benefit amount, the individual
is entitled to an amount reduced by the net earnings;
(v) Retirement annuities, pensions or other payments
are received from a base period employer or any trust or fund
contributed to by a base period employer, and the individual
made no contribution to the annuity, pension or other payment.
Lump sum payments of retirement annuities, pensions or other
payments which are rolled over into other private funds and
which are not deemed income by the internal revenue service
shall not be deducted under this subsection. If the payments
decreased to the next lower multiple of one dollar ($1.00) are
less than the weekly benefit amount otherwise due under this
article, the individual is entitled to benefits in an amount
reduced by the payments.
(b) Payments received under this section shall be
allocated pursuant to the regulations of the commission.
(c) The individual shall be disqualified from benefit
entitlement during any week for which the individual has filed a
claim for benefits and remuneration is received as a severance
payment, termination allowance, sick pay or earned vacation. If
the remuneration decreased to the next lower multiple of one
dollar ($1.00) is less than the weekly benefit amount, the
amount of the payment shall be deducted from the amount of
benefits the individual would otherwise be entitled to receive
during that week.