Job Seekers

Unemployment Insurance Benefits

What is Unemployment Insurance?
Unemployment Insurance is available to persons out of work through no fault of their own. The benefit replaces part of the income lost when you become unemployed. Although financed entirely by employer taxes, the application for benefits is considered a request from the fund and not a claim against the employer.

How is Unemployment Insurance funded?
The fund is created by liable employers who pay quarterly on wages paid to their employees. Employers contribute 100% to the fund based on their employees' wages.

Will my employer be notified when I file for unemployment insurance?
Yes, we are required by law to notify your last employer and base period employers that you have applied for benefits and to obtain from them the information needed to process your application.

How do I file my unemployment insurance claim?
File your claim using the UI ICE system at www.jobsnd.com or call 701-328-4995. You need to file as soon as you are separated or have a significant reduction in hours. Your Unemployment Insurance claim is effective the week in which you file. You will not be able to receive benefits for any weeks prior to the time you file.

What information do I need to file my claim?

• Your Social Security Number
• Name, address and telephone number of all employers for whom you worked in the last 18 months or since last registering
• If you have military service in the last 18 months, you need to provide your DD214 (member 4). You can fax a copy of your DD214 (member 4) to 701-328-2728, or mail a copy to JSND UI/Claims Center, P.O. Box 5507, Bismarck, ND 58506-5507.
• If you have Federal Civilian employment in the last 18 months, you need to provide your Standard Form 8 (SF8) and Standard Form 50 (SF50) issued to you by your federal employer. You can fax a copy of your SF8 and SF50 to 701-328-2728, or mail a copy to JSND UI/Claims Center, P.O. Box 5507, Bismarck, ND 58506-5507.
• If you are not a US citizen but are authorized to be employed, your Alien Identification number.
• If you are a union member, the name and local number of your union hall.

Can anyone apply for unemployment compensation benefits?
Yes. Unemployment benefits cover most people who have worked in North Dakota for private employers or state and local governments. It does not cover people who have worked only for the railroad. You do not have to live in North Dakota or have earned all your wages in North Dakota to apply. Your Job Service North Dakota representative will assist you in filing the type of claim that you are eligible for.

• You must be a U.S. citizen, a registered alien, or have permission to work in the United States. Be prepared to show documentation of your status.
• Ex-service personnel may be eligible for unemployment benefits. If you wish to file a military claim, you must provide a copy of your form DD-214 (member 4).
• You may apply for unemployment benefits if you are partially or totally unemployed.
• Anyone can apply for benefits. Job Service North Dakota will determine if you are eligible.

What can keep me from qualifying for unemployment?
To qualify you must be unemployed at the time of filing or working less than fulltime and earning wages less than your weekly benefit amount. You must have a minimum of $2795 in covered wages from the highest 2 1/2 quarters of your base period and your total base period wages must be 1 1/2 times your highest quarter's wages.

You may have enough covered wages in your base period and still be denied for other reasons. Some of the reasons for disqualification are listed below.

You may be disqualified if you:

• Were discharged or fired for misconduct
• Voluntarily quit without good cause
• Are not able and available for work
• Are not a U.S. citizen and not authorized to work
• Have limited the wages, hours, days, or areas of a job you would accept
• Do not report for or satisfactorily participate in reemployment services
• Are self-employed
• Are involved in a strike
• Are not looking for work
• Refused suitable work

The law imposes a special "between-terms" disqualification whereby certain college and school employees cannot be paid benefits for any week of unemployment which begins during the period between two successive academic years or terms. Also, professional athletes cannot be paid benefits for weeks of unemployment between two successive sports seasons.

What type of work do I have to look for?
To be eligible for unemployment benefits you must be able, available, and actively seeking employment for which you are qualified. A number of specific factors are considered in determining whether or not work is suitable for an individual receiving Unemployment Insurance benefits. These include: suitable to the individual considering his or her previous wage, skill level, prevailing conditions of work, the degree of risk to worker's health, safety and morals, physical fitness, prior training, prior experience and earnings, length of unemployment, prospects of obtaining work in his/her customary occupation, distance of work from residence, and prospects of obtaining local work. Other factors may also be considered.

If I receive payments from Workers Compensation, am I eligible for unemployment benefits?
You cannot receive both Unemployment Insurance and workers compensation for the same week(s). However, payment from Workers Compensation for purposes other than lost time, such as, payment of medical expenses, retraining allowances, or lump sum payments in settlement of an injury will not have an effect on Unemployment Insurance benefits.

What happens if I go on vacation?
You are not eligible for benefits if you are on vacation. You will need to reactivate your claim by using the UI ICE system or by calling 701-328-4995.

What happens if I get sick when I am filing my claim?
An individual in an active filing status will still be eligible for Unemployment Insurance benefits even though unable to work, or to actively seek work because of illness or disability which occurs during an uninterrupted period of unemployment for which benefits are claimed. Call 701-328-4995 for assistance in filing your claim while you are ill.

How do I certify for my weekly unemployment payments?
Once you have started your claim, you must certify each week using the UI ICE system or by calling 701-328-4995. You will be answering the certification questions for each week you are certifying. To receive a benefit payment you need to complete a weekly certification for each week that you wish to receive benefits. A claim week runs from Sunday through Saturday Midnight. You may call to certify each week of benefits anytime after Saturday Midnight, but you must certify your week within two weeks of starting your claim or within two weeks of the last week that you certified. You must go online to UI ICE or call to certify each week that you desire to receive benefits. You will answer questions about your previous week's work activities.

To complete your weekly certification, a personal identification number (PIN) is required. Your PIN protects you so unauthorized persons cannot obtain information about your claim. Your PIN will be assigned to you when you file your claim for Unemployment Insurance. If you have not established a PIN number, call 701-328-4995.

How do you calculate the amount of unemployment I will get?
The amount of Unemployment Insurance that you can receive is determined from wages earned during a "base period". Base period means a 12-month/ period consisting of the first four of the last five completed calendar quarters preceding the date you filed your claim. Your weekly amount will be the total of your highest two and one-half quarters of base period earnings divided by 65. The maximum and the minimum benefit amounts are determined by law and are subject to change each July. WBA Chart. (PDF: 2 pages / 84 KB)

Are Unemployment Insurance Benefits Taxable?
Unemployment benefits are considered taxable income for both Federal and State Income Tax purposes. In most cases no income tax is deducted from your payment until a release form with your signature is received or you choose "yes" on UI ICE when you file your Unemployment Insurance claim. You may elect to withhold federal income taxes, federal and North Dakota income taxes, or no taxes. The withholding of North Dakota income tax only is not an option. If you choose withholding, Federal income taxes will be withheld at a 10% rate. North Dakota income tax is 2%. This means that a total of 12% will be withheld from the payments of those applicants who elect the Federal and State withholding option. You are responsible for any tax liability owed on these benefits.

How much can I earn and still be eligible for benefits and how do I report those earnings?
You may earn up to 60% of your weekly benefit amount and still receive your full benefit amount. Wages above 60% are deducted from your benefit amount on a dollar-for-dollar basis. Earnings must be reported as follows:

• Wages: Wages are reported in the week they are earned.
• Holiday pay: Holiday pay is reported in the week the holiday falls.
• Vacation pay: Vacation pay is generally reported in the week it is received. See the Unemployment Insurance Claimant Guide for details.
• Severance pay: Severance pay may or may not be deductible.
• Bonus pay: Reported in the week received.

Does receiving a pension affect my claim?
Government or private retirement pension plans other than Social Security payments are generally deductible from Unemployment Insurance benefits. This is true when a base period employer contributed to or maintained your pension plan. The amount deducted is based upon the percentage of contribution to the pension plan made by the base period employer. The gross amount of pension payments converted to a weekly amount x the percent your employer contributed to your pension (The percentage will change based upon the amount your employer contributed). This amount is deducted from your weekly benefit amount.

If I run out of benefits, is there an extension or can I file a new claim?
You have a 52-week period called your benefit year during which you may collect the maximum amount to which you are entitled. If you exhaust your Unemployment Insurance before your claim year has ended, you cannot start another new North Dakota claim. If you have earnings in another state, you may be eligible to file a claim against that state. At times of high unemployment, extended benefits may be available

About Benefits Accuracy Measurement/Quality Control

What is the Benefits Accuracy Measurement (BAM/QC) Quality Program?
The BAM/QC Program is a system designed to detect and correct both error and fraud in the Unemployment Insurance program. It is an audit of the records of a sample group of claimants which are selected each week at random in order to test the accuracy of the Unemployment Insurance payments they have received.

What Does the Program Include?
The audit consists of a review of employer records, agency actions and records and claimants' statements. Auditors Check:

• Eligibility
• Payroll/separation
• Job search contacts
• Job Service activity and records

How is the Audit Done?
Auditors contact employers to verify payroll records and the reason for the claimant's unemployment as well as to verify work search contacts specified by claimants on their monthly Eligibility Reviews.

How Are Cases Selected for Audit?
Each week, "sample" claims records are chosen at random by computer. Any claimant who received Unemployment Insurance payments during the preceding week may be selected. A claim may be audited more than once as new cases are selected at random each week.

How Will I Know if I've Been Selected?
Claimants are notified that a particular week for which they received benefits is being audited. You will be required to fill out a detailed questionnaire about your claim.

Why is the Audit Being Made?
The audit makes certain that your claim has been paid correctly. If you received less or more than you should, an adjustment will be made. Information obtained from the audit will be used to improve the unemployment insurance program.

About Appeal Hearings

What if I disagree with a notice, determination, or decision?
Employers and claimants have the right to appeal all notices, determinations, and decisions made by Job Service regarding Unemployment Insurance benefits and employer contributions, tax rate, etc.

How do I file an appeal?

Each notice, determination, or decision contains information regarding how and when the appeal must be filed. Requests for an appeal must be filed before the deadline stated on the notice, determination, or decision. You may file your appeal online by going to the Unemployment Insurance Information link on UI ICE (https://secure.apps.state.nd.us/jsnd/uiiaclaims/login.htm) and clicking on the Issues/Appeal link. You can also submit your appeal by completing and returning the appeal form included with your notice, determination or decision.

Appeals cannot be filed verbally or by email.

What happens after I file an appeal?
Upon receiving the appeal or request for hearing, the case is assigned to an appeals referee. If the request is filed timely a hearing is scheduled and you will receive a written notice of the date and time of the hearing. You will also receive a brochure, Guide to Unemployment Insurance Appeals, explaining the appeals process and how to prepare for the hearing.

Can I withdraw my appeal?
Yes, there are circumstances when the interested party may choose to withdraw his or her appeal. If you choose to withdraw your appeal, you must notify the appeals referee prior to the date of the hearing. You will also be asked to submit the request in writing.

What happens in an appeals hearing?
The hearing is typically conducted by telephone, although the referee may, upon request of one of the parties of interest, conduct the hearing in person. The hearing is conducted with all parties of interest. When necessary, witnesses may also participate in the hearing process. The employee, employer, and witnesses give testimony relevant to the case under oath. Each party has the opportunity to ask questions of the other party. Documents that are relevant to the case and support your testimony may be submitted into evidence for the referee to consider in making a decision. When all testimony is on the record, the hearing is closed and the referee will issue a decision.

Do I continue to complete weekly certifications while I am appealing a decision on my claim?
Yes, you must continue to certify each week for which you want to receive a benefit payment during the appeals process. If you do not continue to complete your weekly certifications in a timely manner, you may be disqualified from receiving benefits for the weeks you do not certify.

For more information on Unemployment Insurance Appeals, please review the Guide to Unemployment Insurance Appeals.

Estimated Benefits

What are my weekly benefits based on?
Your weekly benefits are based on earnings from employers who pay unemployment insurance on your wages earned in a specific period of time called a base period. Your base period is as follows:

If You Filed Your Claim in Calendar Months	Your Base Period is the Previous
January, February, March	October 1 through September 30
April, May, June	January 1 through December 31
July, August, September	April 1 through March 31
October, November, December	July 1 through June 30

How long may I receive benefits?
You may be eligible for 12 to 26 weeks of benefits depending on the wages reported in your base period. This can be paid out througout your 52-week benefit year.

What if I disagree with the amount of money you show I earned during the base period?
There could be many reasons why the information about the wages you earned during your base period could be incorrect. If you believe the wages to be incorrect or if wages are missing you may request a wage investigation of your earnings during the base period. If, after the wage investigation results are provided to you, you still disagree with the monetary determination, you may file an appeal within 10 days of the determination's mailing date.

To request a wage investigation, call 701-328-4995.

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