STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

LAUREL C KOKER, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11606645MW


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the claimant does not qualify for Emergency Unemployment Compensation as of week 11 of 2011.

Dated and mailed August 31, 2011
kokerl2 . usd : 132 : 1 BR 338

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The claimant has petitioned for commission review of the adverse appeal tribunal decision which held that as of week 11 of 2010 the claimant was not eligible to defer her claim for regular UI benefits. The claimant states that she is being punished for taking a part time job while receiving EUC benefits.

The Unemployment Compensation Extension Act of 2010 (P. L. 111-205), was intended to "fix" an unintended consequence of prior law, namely, the "part-time penalty." That is, an individual on EUC who took part time or temporary work would, by virtue of that work, qualify for regular benefits at a rate sometimes substantially below the amount received under EUC. The fix allowed a state to defer a claimant's receipt of regular benefits until the claimant was paid the claimant's remaining benefit year entitlement to EUC. However, that fix only applied to claimants whose benefit year expired after the date of enactment of PL 111-205. P.L. 111-205 was enacted on July 22, 2010. The claimant's applicable benefit year expired on March 6, 2010.

The commission can sympathize with the claimant's situation. However the commission simply does not have the authority to change the federal law's requirements.



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uploaded 2011/09/13