2017 Nebraska Revised Statutes
Chapter 48 - LABOR
48-626 Benefits; maximum annual amount; determination.

48-626. Benefits; maximum annual amount; determination.

(1) For any benefit year beginning before October 1, 2018, any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (a) twenty-six times his or her benefit amount or (b) one-third of his or her wages in the employment of each employer per calendar quarter of his or her base period; except that when any individual has been separated from his or her employment with a base period employer under the circumstances under which he or she was or could have been determined disqualified under section 48-628.10 or 48-628.12, the total benefit amount based on the employment from which he or she was so separated shall be reduced by an amount equal to the number of weeks for which he or she is or would have been disqualified had he or she filed a claim immediately after the separation, multiplied by his or her weekly benefit amount, but not more than one reduction may be made for each separation. In no event shall the benefit amount based on employment for any employer be reduced to less than one benefit week when the individual was or could have been determined disqualified under section 48-628.12.

(2) For any benefit year beginning on or after October 1, 2018, any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (a) twenty-six times his or her weekly benefit amount or (b) one-third of his or her wages in the employment of each employer per calendar quarter of his or her base period; except that when any individual has been separated from his or her employment with a base period employer under circumstances under which he or she was or could have been determined disqualified under section 48-628.10 or 48-628.12, the total benefit amount based on the employment from which he or she was so separated shall be reduced by an amount determined pursuant to subsection (3) of this section, but not more than one reduction may be made for each separation. In no event shall the benefit amount based on employment for any employer be reduced to less than one benefit week when the individual was or could have been determined disqualified under section 48-628.12.

(3) For purposes of determining the reduction of benefits described in subsection (2) of this section:

(a) If the claimant has been separated from his or her employment under circumstances under which he or she was or could have been determined disqualified under section 48-628.12, his or her total benefit amount shall be reduced by:

(i) Two times his or her weekly benefit amount if he or she left work voluntarily for the sole purpose of accepting previously secured, permanent, full-time, insured work, which he or she does accept, which offers a reasonable expectation of betterment of wages or working conditions, or both, and for which he or she earns wages payable to him or her; or

(ii) Thirteen times his or her weekly benefit amount if he or she left work voluntarily without good cause for any reason other than that described in subdivision (3)(a)(i) of this section; and

(b) If the claimant has been separated from his or her employment under circumstances under which he or she was or could have been determined disqualified under section 48-628.10, his or her total benefit amount shall be reduced by fourteen times his or her weekly benefit amount.

(4) For purposes of sections 48-623 to 48-626, wages shall be counted as wages for insured work for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer by whom such wages were paid has satisfied the conditions of section 48-603 or subsection (3) of section 48-661 with respect to becoming an employer.

(5) In order to determine the benefits due under this section and sections 48-624 and 48-625, each employer shall make reports, in conformity with reasonable rules and regulations adopted and promulgated by the commissioner, of the wages of any claimant. If any employer fails to make such a report within the time prescribed, the commissioner may accept the statement of such claimant as to his or her wages, and any benefit payments based on such statement of earnings, in the absence of fraud or collusion, shall be final as to the amount.

Source

• Laws 1937, c. 108, § 3, p. 375;
• Laws 1939, c. 56, § 2, p. 235;
• Laws 1941, c. 94, § 2, p. 382;
• C.S.Supp.,1941, § 48-703;
• R.S.1943, § 48-626;
• Laws 1945, c. 114, § 3, p. 372;
• Laws 1949, c. 163, § 9, p. 425;
• Laws 1959, c. 229, § 2, p. 802;
• Laws 1963, c. 291, § 2, p. 871;
• Laws 1967, c. 300, § 1, p. 816;
• Laws 1972, LB 1392, § 4;
• Laws 1980, LB 800, § 3;
• Laws 1985, LB 339, § 20;
• Laws 1986, LB 950, § 3;
• Laws 1995, LB 1, § 7;
• Laws 2017, LB172, § 27;
• Laws 2017, LB203, § 1.
• Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB172, section 27, with LB203, section 1, to reflect all amendments.
• Note: Changes made by LB203 became effective August 24, 2017. Changes made by LB172 became operative January 1, 2018.

Annotations

• The duration of maximum benefits is not affected by discharge for ordinary misconduct. Grand Island Baking Co. v. Frantz, 141 Neb. 803, 4 N.W.2d 921 (1942).