24.11.472 PENSION BENEFIT REDUCTION
(1) For purposes of this rule, a "pension" means pension payments, retirement benefits, retirement pay, annuity, or similar periodic payment made to an individual based on previous work. Severance or separation pay is not a "pension" payment.
(2) The department shall reduce a claimant's weekly unemployment benefit by the amount claimant receives or constructively receives from a pension plan that was maintained or contributed to by a base period employer.
(3) When no base period employer contributed to claimant's pension plan, the department shall not reduce a claimant's weekly unemployment benefit by the pension payment.
(4) The department shall presume a claimant made no monetary contribution to claimant's pension plan. A claimant may overcome this presumption by providing written proof to the department demonstrating that claimant made an actual monetary contribution to the pension plan. When a claimant made direct monetary contribution to the pension plan, the department shall not reduce a claimant's weekly unemployment benefit by the pension payment.
(5) The claimant must promptly provide to the department all information requested by the department. Within eight days of claimant's receipt of correspondence from the pension plan administrator concerning claimant's pension entitlement or the amount of claimant's pension payments, claimant must provide the department with copies of the correspondence.
(6) Claimant's base period employer must promptly furnish information related to claimant's pension plan when requested by the claimant, claimant's representative, or the department.
(7) A claimant "constructively" receives a pension payment when:
(a) the claimant or another on behalf of the claimant files an application for pension payments; or
(b) the claimant receives notice from the pension plan administrator of claimant's entitlement to and the amount of pension payments.
(8) The department shall allocate the pension payment, which is actually or constructively received by a claimant, by attributing a fraction of the payment to each week in the following manner:
(a) amount of a monthly pension payment is multiplied by 12 (months) and the result is divided by 52 (weeks);
(b) amount of a quarterly pension payment is multiplied by 4 (quarters) and the result is divided by 52 (weeks); or
(c) amount of an annual pension payment is divided by 52 (weeks).
(9) Social security retirement and social security disability payments are not deductible from unemployment benefits under this rule.
History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2203, MCA; NEW, 2013 MAR p. 413, Eff. 3/29/13.