Montana Code Annotated
Title 39. Labor
Chapter 51. Unemployment Insurance

39-51-103. Nonliability of state -- right to benefits subject to provisions of chapter and extent of available funds - 39-51-103. Nonliability of state -- right to benefits subject to...

39-51-104. Chapter to become inoperative if federal act becomes inoperative - 39-51-104. Chapter to become inoperative if federal act becomes inoperative....

39-51-105. Disbursement of funds if federal act becomes inoperative - 39-51-105. Disbursement of funds if federal act becomes inoperative. If...

39-51-106. Approval by secretary of labor required for chapter to have effect - 39-51-106. Approval by secretary of labor required for chapter to...

39-51-107. through 39-51-109 reserved - 39-51-107 through 39-51-109 reserved.

39-51-110. Collateral estoppel - 39-51-110. Collateral estoppel. A finding of fact or law, judgment,...

Part 2. Definitions

39-51-201. General definitions - 39-51-201. General definitions. As used in this chapter, unless the...

39-51-202. Employer defined - 39-51-202. Employer defined. "Employer" means: (1) any employing unit whose...

39-51-203. Employment defined - 39-51-203. Employment defined. (1) "Employment", subject to other provisions of...

39-51-204. Exclusions from definition of employment - 39-51-204. Exclusions from definition of employment. (1) The term "employment"...

39-51-205. Agricultural labor defined - 39-51-205. Agricultural labor defined. (1) The term "agricultural labor" includes...

39-51-206. Agricultural labor -- who treated as employer of member of crew furnished by crew leader - 39-51-206. Agricultural labor -- who treated as employer of member...

39-51-207. Treatment of limited liability companies - 39-51-207. Treatment of limited liability companies. For the purposes of...

Part 3. General Administrative Provisions

39-51-301. Administration -- duties and powers of department -- duties and powers of board -- emergency provisions - 39-51-301. Administration -- duties and powers of department -- duties...

39-51-302. Administrative rules - 39-51-302. Administrative rules. The department may adopt procedural and substantive...

39-51-303. Publication and distribution of materials - 39-51-303. Publication and distribution of materials. The department shall cause...

39-51-304. Personnel -- criminal record background check - 39-51-304. Personnel -- criminal record background check. (1) The department...

39-51-305. Department to appoint appeals referees - 39-51-305. Department to appoint appeals referees. To hear and decide...

39-51-306. Repealed - 39-51-306. Repealed. Sec. 5, Ch. 349, L. 1981. History: En....

39-51-307. Department to create employment service - 39-51-307. Department to create employment service. (1) The department shall...

39-51-308. Acquisition and disposition of property by department - 39-51-308. Acquisition and disposition of property by department. (1) Subject...

39-51-309. Representation of department and state in court - 39-51-309. Representation of department and state in court. (1) In...

39-51-310. Function of board - 39-51-310. Function of board. The board shall act in a...

Part 4. Financial Administration

39-51-401. Unemployment insurance fund -- establishment and control - 39-51-401. Unemployment insurance fund -- establishment and control. There is...

39-51-402. Unemployment insurance fund -- custodian -- accounts and deposits - 39-51-402. Unemployment insurance fund -- custodian -- accounts and deposits....

39-51-403. Money to be requisitioned from unemployment trust fund solely for payment of benefits - 39-51-403. Money to be requisitioned from unemployment trust fund solely...

39-51-404. Special administrative funds - 39-51-404. Special administrative funds. (1) Money credited to the account...

39-51-405. Signatures required on warrants - 39-51-405. Signatures required on warrants. All warrants issued for payment...

39-51-406. Unemployment insurance administration account - 39-51-406. Unemployment insurance administration account. (1) There is an account...

39-51-407. Reimbursement of fund by state - 39-51-407. Reimbursement of fund by state. The state of Montana...

39-51-408. Advances from federal unemployment trust fund - 39-51-408. Advances from federal unemployment trust fund. (1) The department...

39-51-409. Employment security account - 39-51-409. (Temporary) Employment security account. (1) There is an account...

Part 5. Governmental Cooperation

39-51-501. State-federal cooperation - 39-51-501. State-federal cooperation. (1) (a) In the administration of this...

39-51-502. Cooperation with other agencies - 39-51-502. Cooperation with other agencies. (1) The department shall afford...

39-51-503. Agreements with railroad retirement board - 39-51-503. Agreements with railroad retirement board. (1) The department is...

39-51-504. Reciprocal benefit arrangements - 39-51-504. Reciprocal benefit arrangements. (1) The department is authorized to...

39-51-505. Access to governmental records - 39-51-505. Access to governmental records. Upon request by the department,...

Part 6. Records and Reports

39-51-601. Department to maintain wage record - 39-51-601. Department to maintain wage record. The department shall maintain...

39-51-602. Method to be used by department in keeping wage records - 39-51-602. Method to be used by department in keeping wage...

39-51-603. Employing unit to keep records and make reports -- confidentiality -- rules - 39-51-603. Employing unit to keep records and make reports --...

39-51-604. Repealed - 39-51-604. Repealed. Sec. 1, Ch. 122, L. 2005; Sec. 13,...

39-51-605. Employing unit responsibility to respond to department requests for information -- waiver of rights - 39-51-605. Employing unit responsibility to respond to department requests for...

Part 7. Program Integrity

39-51-701. Short title - 39-51-701. Short title. This part may be cited as the...

39-51-702. Purpose - 39-51-702. Purpose. The purpose of this part is to enhance...

39-51-703. Definitions - 39-51-703. Definitions. For the purposes of this part, the following...

39-51-704. and 39-51-705 reserved - 39-51-704 and 39-51-705 reserved.

39-51-706. Department duties -- integrity data hub -- review of information -- reporting to legislature - 39-51-706. Department duties -- integrity data hub -- review of...

Part 11. Employer Contributions

39-51-1101. Commencement and termination of coverage under chapter - 39-51-1101. Commencement and termination of coverage under chapter. (1) Any...

39-51-1102. Election by employing units not otherwise subject to chapter - 39-51-1102. Election by employing units not otherwise subject to chapter....

39-51-1103. Contributions by employers required -- payments in lieu of contributions authorized for certain employers - 39-51-1103. Contributions by employers required -- payments in lieu of...

39-51-1104. Duty and liability of contractor and subcontractor, respectively, in regard to taxes, penalties, and interest owed by subcontractor - 39-51-1104. Duty and liability of contractor and subcontractor, respectively, in...

39-51-1105. Liability for taxes, penalties, and interest owed - 39-51-1105. Liability for taxes, penalties, and interest owed. (1) The...

39-51-1106. Repealed - 39-51-1106. Repealed. Sec. 21, Ch. 685, L. 1979. History: En....

39-51-1107. Repealed - 39-51-1107. Repealed. Sec. 21, Ch. 685, L. 1979. History: En....

39-51-1108. Amount of wages per employee subject to contribution - 39-51-1108. Amount of wages per employee subject to contribution. (1)...

39-51-1109. Tax appeals -- procedure - 39-51-1109. Tax appeals -- procedure. (1) A decision, determination, or...

39-51-1110. Refunds to employers - 39-51-1110. Refunds to employers. (1) (a) If an employer claims...

39-51-1111. through 39-51-1120 reserved - 39-51-1111 through 39-51-1120 reserved.

39-51-1121. Definitions - 39-51-1121. Definitions. As used in part 12 and this part,...

39-51-1122. Treatment of minor irregularities in determination of eligible employer status - 39-51-1122. Treatment of minor irregularities in determination of eligible employer...

39-51-1123. Rates of contributions - 39-51-1123. Rates of contributions. All covered employers, except governmental entities...

39-51-1124. Procedure for election to make payments in lieu of contributions - 39-51-1124. Procedure for election to make payments in lieu of...

39-51-1125. Computation of payments in lieu of contributions - 39-51-1125. Computation of payments in lieu of contributions. (1) Employers...

39-51-1126. Termination of election to make payments in lieu of contributions - 39-51-1126. Termination of election to make payments in lieu of...

39-51-1127. through 39-51-1130 reserved - 39-51-1127 through 39-51-1130 reserved.

39-51-1131. Terminated - 39-51-1131. Terminated. Sec. 12, Ch. 371, L. 1985. History: En....

39-51-1132. Liability of tribal units -- cancellation for failure to make payments - 39-51-1132. Liability of tribal units -- cancellation for failure to...

Part 12. Employer Classification and Experience Rating

39-51-1201. Repealed - 39-51-1201. Repealed. Sec. 21, Ch. 685, L. 1979. History: En....

39-51-1202. Repealed - 39-51-1202. Repealed. Sec. 21, Ch. 685, L. 1979. History: En....

39-51-1203. Repealed - 39-51-1203. Repealed. Sec. 21, Ch. 685, L. 1979. History: En....

39-51-1204. Repealed - 39-51-1204. Repealed. Sec. 21, Ch. 685, L. 1979. History: En....

39-51-1205. Repealed - 39-51-1205. Repealed. Sec. 21, Ch. 685, L. 1979. History: En....

39-51-1206. Department to provide for notification of employers of their classification and contribution rate - 39-51-1206. Department to provide for notification of employers of their...

39-51-1207. through 39-51-1210 reserved - 39-51-1207 through 39-51-1210 reserved.

39-51-1211. Definitions - 39-51-1211. Definitions. The definitions set forth in 39-51-1121 apply to...

39-51-1212. Experience rating for governmental entities - 39-51-1212. Experience rating for governmental entities. (1) The rates of...

39-51-1213. Classification of employers for experience rating purposes - 39-51-1213. Classification of employers for experience rating purposes. (1) The...

39-51-1214. Benefit payments chargeable to employer experience rating accounts -- definition - 39-51-1214. Benefit payments chargeable to employer experience rating accounts --...

39-51-1215. Maintenance of experience rating records - 39-51-1215. Maintenance of experience rating records. An experience rating record...

39-51-1216. Experience rating record voided when account inactive - 39-51-1216. Experience rating record voided when account inactive. An employer...

39-51-1217. Schedule of rates assigned based on trust fund reserve - 39-51-1217. Schedule of rates assigned based on trust fund reserve....

39-51-1218. Rate schedules - 39-51-1218. Rate schedules. SCHEDULES OF CONTRIBUTION RATES - Part I...

39-51-1219. Procedures for substitution, merger, transfer, or acquisition of employer account by successor employing unit -- prohibitions and penalties -- definitions - 39-51-1219. Procedures for substitution, merger, transfer, or acquisition of employer...

Part 13. Unpaid Contributions

39-51-1301. Penalty and interest on past-due reports and payments - 39-51-1301. Penalty and interest on past-due reports and payments. (1)...

39-51-1302. Summary or jeopardy assessment of unpaid taxes - 39-51-1302. Summary or jeopardy assessment of unpaid taxes. (1) If...

39-51-1303. Collection of unpaid taxes - 39-51-1303. Collection of unpaid taxes. (1) The department may enter...

39-51-1304. Lien for payment of unpaid taxes -- levy and execution - 39-51-1304. Lien for payment of unpaid taxes -- levy and...

39-51-1305. Priority of payment of taxes due under legal dissolutions or distributions - 39-51-1305. Priority of payment of taxes due under legal dissolutions...

39-51-1306. Reciprocity with other states for collection of unpaid taxes - 39-51-1306. Reciprocity with other states for collection of unpaid taxes....

39-51-1307. Collection of unpaid taxes, penalties, and interest by offset - 39-51-1307. Collection of unpaid taxes, penalties, and interest by offset....

Part 21. Benefit Eligibility

39-51-2101. Total unemployment -- when - 39-51-2101. Total unemployment -- when. (1) An individual is considered...

39-51-2102. Commencement of week of unemployment - 39-51-2102. Commencement of week of unemployment. An individual's week of...

39-51-2103. Payment of benefits - 39-51-2103. Payment of benefits. (1) Benefits are payable from the...

39-51-2104. General benefit eligibility conditions - 39-51-2104. General benefit eligibility conditions. (1) An unemployed individual, including...

39-51-2105. Qualifying wages - 39-51-2105. Qualifying wages. To qualify for benefits, an individual must...

39-51-2106. Certain wages not to be used in determining benefit eligibility or amount - 39-51-2106. Certain wages not to be used in determining benefit...

39-51-2107. Services for remuneration to be performed during benefit year as condition for receiving benefits in second benefit year -- amount required - 39-51-2107. Services for remuneration to be performed during benefit year...

39-51-2108. Payment of benefits based on services in public, charitable, or educational organizations - 39-51-2108. Payment of benefits based on services in public, charitable,...

39-51-2109. Payment of benefits to athletes - 39-51-2109. Payment of benefits to athletes. Effective January 1, 1978,...

39-51-2110. Payment of benefits to aliens - 39-51-2110. Payment of benefits to aliens. (1) Benefits may not...

39-51-2111. Unemployment benefits for victims of domestic violence, sexual assault, or stalking - 39-51-2111. Unemployment benefits for victims of domestic violence, sexual assault,...

39-51-2112. Benefit ineligibility for leave of absence - 39-51-2112. Benefit ineligibility for leave of absence. (1) An individual...

39-51-2113. Benefit ineligibility for suspension - 39-51-2113. Benefit ineligibility for suspension. (1) An individual who files...

39-51-2114. reserved - 39-51-2114 reserved.

39-51-2115. Part-time work search -- eligibility for benefits - 39-51-2115. Part-time work search -- eligibility for benefits. (1) Except...

39-51-2116. Participation in worker training program -- eligibility for training benefits - 39-51-2116. Participation in worker training program -- eligibility for training...

Part 22. Amount and Duration of Benefits

39-51-2201. Weekly benefit amount -- determination of average weekly wage - 39-51-2201. Weekly benefit amount -- determination of average weekly wage....

39-51-2202. Partial payment of benefits - 39-51-2202. Partial payment of benefits. Partial payment for a week...

39-51-2203. Reduction of benefits because of amounts received from certain other sources - 39-51-2203. Reduction of benefits because of amounts received from certain...

39-51-2204. Maximum benefit amount - 39-51-2204. Maximum benefit amount. Any otherwise eligible individual is entitled...

39-51-2205. Continuation of benefits at death of claimant - 39-51-2205. Continuation of benefits at death of claimant. All accrued...

39-51-2206. Repealed - 39-51-2206. Repealed. Sec. 28, Ch. 234, L. 1987. History: En....

39-51-2207. Voluntary withholding of taxes from benefits -- procedures - 39-51-2207. Voluntary withholding of taxes from benefits -- procedures. (1)...

39-51-2208. Deduction and withholding of unemployment benefits to repay overissuance of food stamps -- definitions - 39-51-2208. Deduction and withholding of unemployment benefits to repay overissuance...

Part 23. Benefit Disqualification

39-51-2301. Disqualification not to be confined to a single benefit year - 39-51-2301. Disqualification not to be confined to a single benefit...

39-51-2302. Disqualification for leaving work without good cause -- requalification - 39-51-2302. Disqualification for leaving work without good cause -- requalification....

39-51-2303. Disqualification for discharge due to misconduct - 39-51-2303. Disqualification for discharge due to misconduct. An individual must...

39-51-2304. Disqualification for failure to apply for or to accept suitable work - 39-51-2304. Disqualification for failure to apply for or to accept...

39-51-2305. Disqualification when unemployment because of strike - 39-51-2305. Disqualification when unemployment because of strike. (1) An individual...

39-51-2306. Disqualification because of receipt of certain other wages, compensation, or benefits - 39-51-2306. Disqualification because of receipt of certain other wages, compensation,...

39-51-2307. School attendance - 39-51-2307. School attendance. (1) An individual who is a student...

39-51-2308. Repealed - 39-51-2308. Repealed. Sec. 31, Ch. 373, L. 1991. History: En....

Part 24. Claims for Benefits

39-51-2401. Claims to be made in accordance with rules -- notice of coverage - 39-51-2401. Claims to be made in accordance with rules --...

39-51-2402. Determination -- redetermination - 39-51-2402. Determination -- redetermination. (1) The department shall promptly examine...

39-51-2403. Hearing -- decision of appeals referee - 39-51-2403. Hearing -- decision of appeals referee. Upon appeal of...

39-51-2404. Appeal to board procedure - 39-51-2404. Appeal to board procedure. An interested party who is...

39-51-2405. Prompt payment of claims - 39-51-2405. Prompt payment of claims. (1) Benefits must be paid...

39-51-2406. Continuing jurisdiction of department over claims - 39-51-2406. Continuing jurisdiction of department over claims. The department shall...

39-51-2407. Procedure for disputed claims to be prescribed by regulation -- conduct of hearing or appeal - 39-51-2407. Procedure for disputed claims to be prescribed by regulation...

39-51-2408. Disputed claim -- records of all proceedings to be kept - 39-51-2408. Disputed claim -- records of all proceedings to be...

39-51-2409. Witness fees - 39-51-2409. Witness fees. Witnesses subpoenaed pursuant to 39-51-2406 through 39-51-2410...

39-51-2410. Finality of board's decision -- judicial review - 39-51-2410. Finality of board's decision -- judicial review. (1) (a)...

Part 25. Extended Benefits

39-51-2501. Definitions - 39-51-2501. Definitions. As used in this part, unless the context...

39-51-2502. Repealed - 39-51-2502. Repealed. Sec. 5, Ch. 9, Sp. L. 1981. History:...

39-51-2503. Repealed - 39-51-2503. Repealed. Sec. 5, Ch. 9, Sp. L. 1981. History:...

39-51-2504. State "on" indicator -- when - 39-51-2504. State "on" indicator -- when. There is a state...

39-51-2505. State "off" indicator -- when - 39-51-2505. State "off" indicator -- when. There is a state...

39-51-2506. Beginning and termination of extended benefit period -- announcement of - 39-51-2506. Beginning and termination of extended benefit period -- announcement...

39-51-2507. Effect of state law provisions relating to regular benefits on claims for and the payment of extended benefits - 39-51-2507. Effect of state law provisions relating to regular benefits...

39-51-2508. Eligibility requirements for extended benefits -- disqualifications -- acceptance of suitable work - 39-51-2508. Eligibility requirements for extended benefits -- disqualifications -- acceptance...

39-51-2509. Weekly extended benefit amount - 39-51-2509. Weekly extended benefit amount. The weekly extended benefit amount...

39-51-2510. Total extended benefit amount - 39-51-2510. Total extended benefit amount. The total extended benefit amount...

39-51-2511. Extended benefits filed interstate - 39-51-2511. Extended benefits filed interstate. Except during the first 2...

Part 26. Trade Readjustment

39-51-2601. Limitations on weeks of combined extended benefits and trade readjustment allowances - 39-51-2601. Limitations on weeks of combined extended benefits and trade...

39-51-2602. Approved training under federal programs - 39-51-2602. Approved training under federal programs. (1) Notwithstanding any other...

Part 31. Protections and Limitations on Rights and Benefits

39-51-3101. Protection against self-incrimination - 39-51-3101. Protection against self-incrimination. A person may not be excused...

39-51-3102. Certain agreements in violation of chapter void - 39-51-3102. Certain agreements in violation of chapter void. (1) Any...

39-51-3103. Employer prohibited from making, requiring, or accepting deduction from wages or requiring or accepting waiver of rights under chapter -- penalty for violation - 39-51-3103. Employer prohibited from making, requiring, or accepting deduction from...

39-51-3104. Repealed - 39-51-3104. Repealed. Sec. 21, Ch. 88, L. 2009. History: En....

39-51-3105. Assignment, pledge, or encumbrance of right to benefits void -- benefits exempt from levy, execution, attachment, or other remedy for collection of debt -- exception - 39-51-3105. Assignment, pledge, or encumbrance of right to benefits void...

39-51-3106. Child support interception of unemployment benefits - 39-51-3106. Child support interception of unemployment benefits. (1) For purposes...

39-51-3107. Internal revenue levy -- withholding of unemployment benefits to repay federal tax obligations - 39-51-3107. Internal revenue levy -- withholding of unemployment benefits to...

Part 32. General Penalties

39-51-3201. Making false statement or representation or failing to disclose material fact in order to obtain or increase benefits -- administrative penalty and remedy - 39-51-3201. Making false statement or representation or failing to disclose...

39-51-3202. Making false statement or representation or failing to disclose material fact in order to obtain or increase benefits -- criminal penalty - 39-51-3202. Making false statement or representation or failing to disclose...

39-51-3203. Obtaining benefits through deception or other fraudulent means -- criminal penalty - 39-51-3203. Obtaining benefits through deception or other fraudulent means --...

39-51-3204. Employing unit making false statement or representation, failing to disclose material fact, or failing or refusing to make contributions or other payments, furnish reports, or permit inspection or copying of records -- criminal penalty - 39-51-3204. Employing unit making false statement or representation, failing to...

39-51-3205. Criminal penalty for violations of chapter where no penalty prescribed - 39-51-3205. Criminal penalty for violations of chapter where no penalty...

39-51-3206. Collection of benefit overpayments - 39-51-3206. Collection of benefit overpayments. (1) A person who receives...

39-51-3207. Authority to determine uncollectibility of debts -- transfer of debts for collection -- liability for payment of fees and costs of collection - 39-51-3207. Authority to determine uncollectibility of debts -- transfer of...

39-51-3208. Interception of lottery winnings for unemployment insurance offsets -- notice to agency -- procedures - 39-51-3208. Interception of lottery winnings for unemployment insurance offsets --...

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Montana Code Annotated Title 39. Labor Chapter 51. Unemployment Insurance

Montana Code Annotated
Title 39. Labor
Chapter 51. Unemployment Insurance