News & Information

CCH® UNEMPLOYMENT INSURANCE — 06/23/10

Colorado amends its UI rules on various subjects

Colorado has amended its rules under the Colorado Employment Security Act as follows:

Enhanced Benefits. This new subsection provides that enhanced benefit payments will be made only until the total amount available to cover all costs to the State of Colorado are substantially exhausted or June 30, 2012, whichever comes first.

A Colorado local workforce center will determine whether a claimant is authorized to participate. The Unemployment Insurance Program will pay continued claims and include enhanced unemployment insurance compensation for authorized participants who are eligible. Note, the authorization to participate is not appealable.

Eligibility determinations by the Unemployment Insurance Program will be issued only after a claimant is subsequently deemed ineligible and only for reasons other than funds no longer being substantially available. Note, eligibility determinations are appealable.

Relocation. A new section has been added addressing separations related to relocation. If a claimant separates from his or her employment due to a change in location of the employment of the claimant's spouse, the Division will consider whether the claimant has demonstrated all the required elements of 8-73-108 (4)(s) or 8-73-108 (4)(u), C.R.S.

The Division may request additional documentation showing that: the claimant has a spousal relationship with the individual whose employment necessitates a new place of residence; the claimant's spouse secured employment prior to the claimant separating from his or her job; the change in the spouse's employment requires a new place of residence; it is impractical to commute to the claimant's place of employment from the new place of residence; and, upon arrival to the new location, the claimant is available for suitable work.

Appeals Procedure. New language has been added providing that the procedures described in this section apply to appeals from eligibility determinations regarding enhanced unemployment insurance compensation.

Employment misclassification. New language has been added providing that the Division, prior to committing department resources to a full audit under the provision of this article, shall take into consideration whether the purported acts of misclassification are inconsistent with section 8-70-115 (b) C.R.S. In addition, the Director may not use a previously issued advisory opinion for the purposes of initiating an unemployment insurance audit.