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Unemployment Insurance History

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2017 Session

  • Amended and reenacted subdivision m of subsection 2 of section 12-60-24 of the North Dakota Century Code to provide authority to the ND Bureau of Criminal Investigation the authority to complete criminal background checks on employees and contractors of Job Service North Dakota at the agencies request and to meet federal requirements.
  • Amended and reenacted section 52-04-22 of the North Dakota Century Code to allow for expenditures on unemployment insurance administrative expenses and to create a minimum fund balance formula.
  • Amended and reenacted section 52-04-01.1 of the North Dakota Century Code to require all employers to file quarterly contribution and wage reports via electronic methods approved by Job Service North Dakota. Additionally, the statutory changes require that all payments of unemployment insurance taxes be made via electronic methods.

2015 Session

  • Amended and reenacted paragraph 3 of subdivision b of subsection 2 of section 52-04-07 and subdivision j of subsection 1 of section 52-06-02 of the North Dakota Century Code to provide eligibility for unemployment insurance benefits to individuals having to separate from employment when the separation from employment is directly attributable to being a victim of stalking.
  • Created and enacted a new subsection to section 52-01-03, a new subsection to section 57-38-57, and a new subsection to section 57-39.2-23 of the North Dakota Century Code, relating to disclosure of certain information in possession of Job Service North Dakota or the Tax Commissioner to the Department of Commerce for purposes of evaluation of the compliance with statutory or contractual performance standards established for employers who received North Dakota state economic development assistance.

2013 Session

  • Amended 52-06-33 to impose a monetary penalty upon individuals who provide a false statement in order to obtain unemployment insurance benefits. The penalty amount is 15% of the overpaid benefit amount. The monetary penalty created by this bill is a federally mandated requirement that was passed into law as part of the amendments made to the Trade Adjustment Assistance Extension Act of 2011 (TAAEA). Failure to enact the minimum 15% penalty would result in North Dakota employers no longer being eligible to receive the 5.4% FUTA tax credit.
  • Amended subsection 2 of 52-04-12 to provide Job Service the ability to file liens through the Secretary of State’s office. 
  • Amended subsection 3 of 52-04-07 to prohibit relieving employers from charges resulting from the improper payment of benefits to past employees when the employer is found to be at fault for the improper payment. The prohibition on non-charging became effective October 21, 2013 as outlined in federal law. The prohibition on the relief of charges is a federally mandated requirement that was passed into law as part of the amendments made to the Trade Adjustment Assistance Extension Act of 2011 (TAAEA). Failure to enact this requirement would result in North Dakota employers no longer being eligible to receive the 5.4% FUTA tax credit.
  • Amended subsection 4 of 52-06-02 to identify employer lock outs as disqualifying events in the same manner as a strike or other labor dispute.
  • Amended 52-01-03 to allow Job Service North Dakota to share certain information collected in the administration of the unemployment insurance program with the North Dakota Attorney General for the purpose of monitoring individuals who are required to register as sexual offenders or offenders against children.

2011 Session

  • Amended subdivision b of subsection 2 of section 52-04-07 and subdivision j of subsection 1 of section 52-06-02 of the North Dakota Century Code to provide eligibility for unemployment insurance benefits to individuals having to separate from employment when the separation from employment is directly attributable to domestic violence or sexual assault.

2009 Session

  • Amended subsection 2 of 52-04-11 of the North Dakota Century Code to increase penalties assessed due to late submission of wage and contribution reports. The minimum penalty was increased from $25 to $50. The maximum penalty for any single report was increased from $250 to $500. The minimum penalty was doubled for any subsequent delinquent reports that occur in the same calendar year.
  • Amended subsections 1 and 2 of 52-06-02 of the North Dakota Century Code to establish that wages used to overcome a monetary penalty associated with a disqualifying separation must be earned after the date of filing the claim in which the monetary penalty was assessed.
  • Amended 52-04-01.1 of the North Dakota Century Code to require electronic filing of contribution wage reports for employers with more than 24 employees.

2007 Session

  • Enacted legislation requiring employers with more than 99 employees to file contribution and wage reports via an electronic method approved by Job Service. This section also requires payers making payments on behalf of more than one employer to make those payments electronically.
  • Enacted legislation that provided for a minimum multiplier of 100% for all rates within the negative tax rate structure. The statute impacts negative balance employers (those whose benefit charges have exceeded their contributions). It does not allow these employers to share in the benefit of a reduction in tax rates made for the purpose of reducing the amount of money retained in the UI Trust Fund.
  • Enacted legislation concerning the calculation of tax rates for positive balance employers. This law provides for the assignment of employers paying 60% of the wages within the lowest rate category. Also impacted were the calculations to determine the gap between the highest positive rate category and the lowest negative rate category as well as the calculation to determine the tax rates for new employers.

2005 Session

  • Provided that Job Service is to receive notice of school district dissolution and reorganization; and that reorganizing or dissolving districts are to set aside funds with the county auditor or the North Dakota School Boards Association to cover the amount calculated by Job Service as potential liability for claims of the terminating school district.
  • Ended the requirement to deduct a portion of Social Security retirement benefits from unemployment insurance weekly benefits, effective August 1, 2005.
  • Amended current law to provide that base period employers' unemployment insurance accounts would not be charged if the claimant had quit or been discharged by that employer either during or after the base period.
  • Amended subsection 1 of section 52-06-02 to provide that if a claimant left employment due to illness or injury and pursuant to a doctor's orders, with certain other prerequisites; the account of the separating employer is not to be charged with the benefits paid in that circumstance, unless that employer is a reimbursing employer.