52-04-07. Benefits paid chargeable to accounts of base-period employers

52-04-07. Benefits paid chargeable to accounts of base-period employers

1. Benefits paid to an individual must be charged against the accounts of the individual's

base-period employers. The amount of benefits so chargeable against each

base-period employer's account must bear the same ratio to the benefits paid to an

individual as the base-period wages paid to the individual by such employer bear to

the total amount of the base-period wages paid to the individual by all of the

individual's base-period employers.

2. Notwithstanding subsection 1, an employer's account may not be charged for any of

the following:

a. With benefits paid to an individual for unemployment that is directly caused by a

major natural disaster declared by the president pursuant to section 102(2) of the

Disaster Relief Act of 1974 [Pub. L. 93-288; 88 Stat. 143; 42 U.S.C. 5122(2)], if

the individual would have been eligible for disaster unemployment assistance

with respect to that unemployment but for the individual's receipt of

unemployment insurance benefits.

b. With benefits paid to an individual who:

(1) Left the employment of the base-period employer voluntarily without good

cause or with good cause not involving fault on the part of the base-period

employer;

(2) Was discharged from employment by the base-period employer for

misconduct;

(3) Was separated from employment with the most recent employer for reasons

directly attributable to domestic violence, stalking, or sexual assault; or

(4) Is a military spouse who voluntarily left the most recent employment to

relocate because of permanent change of station orders of the individual's

military-connected spouse.

c. As provided under section 52-06-29.

d. With benefits paid to an individual who is in training with the approval of

job service North Dakota.

e. With benefits paid to an individual who is subsequently determined not entitled to

receive the benefits.

f. With benefits paid to an individual who is currently employed part time with that

employer when the hiring agreement between the individual and the employer

has not changed since the individual commenced work for that employer. This

subdivision does not apply to an employee of a temporary help firm.

3. Subsection 2 does not apply to benefit payments if:

a. Benefit payments are financed under a reimbursable method.

b. An overpayment of unemployment compensation benefits results from:

(1) The employer, or the agent of the employer, failing to respond timely or

adequately to the request from the bureau for information relating to a claim

for unemployment compensation; and

(2) The employer, or agent of the employer, has established a demonstrated

pattern of failing to respond to such requests.

This section applies to overpayments established after October 21, 2013.

4. Any nonprofit organization which elects to make payments in lieu of contributions into

the unemployment compensation fund as provided in section 52-04-18 is not liable to

make such payments with respect to the benefits paid to any individual whose

base-period wages include wages for previously uncovered services as defined in

subsection 3 of section 52-06-04 to the extent that the unemployment compensation

fund is reimbursed for such benefits pursuant to section 121 of Public Law 94-566.

5. Notwithstanding the provisions of subsection 1, an employer's account may not be

charged with benefits paid for previously uncovered services as defined in

subsection 3 of section 52-06-04 to the extent that the unemployment compensation

fund is reimbursed for such benefits pursuant to section 121 of Public Law 94-566.