Oklahoma

A. The Commissioner of Labor shall be the Chief Executive Officer of the Department of Labor, and shall supervise the work of that Department. B. It shall be the duty of the Commissioner of...


(1) The purpose of the act is to promote employment security by increasing opportunities for placement through the maintenance of a system of public employment offices and to provide through the...


As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the...


A. The Legislature reserves the right to amend or repeal all or any part of the Employment Security Act at any time and there shall be no vested private right of any kind against such amendment or...


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This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can...


A. The term employer shall include any Indian tribe for which service in employment is performed, as defined in the Employment Security Act of 1980. B. The term employment shall include...


The words and phrases used in this act shall, unless the context clearly requires otherwise, have the meanings prescribed in Part 2 of this article. ...


EXTENDED BASE PERIOD. If an individual lacks sufficient base period wages because of a job-related injury for which the individual received total temporary...


ALTERNATIVE BASE PERIOD. Alternative Base Period means the most recent four (4) completed calendar quarters immediately preceding the first day of an individual's benefit year. In the event...


Benefits mean the money payments payable to an individual as provided in this act with respect to his unemployment, including extended benefits. The federal share of such extended benefits shall...


Benefit year with respect to any individual means the one-year period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits...


Calendar quarter means the period of three (3) consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the Commission may by...


Contributions mean the money payments, including taxes and reimbursements, required by this act to be paid into the Unemployment Compensation Fund by an employer. ...


EMPLOYER. Employer means: (1) Any employing unit, except as provided under paragraphs (10) and (11) of this section, which: (a) For some...


MOTOR CARRIER NOT EMPLOYER OF LESSOR OR DRIVER. In no event will a motor carrier be determined to be the employer of a lessor as defined in Section 166a or 230.29 of Title 47 of the Oklahoma...


EMPLOYING UNIT. Employing unit means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company or corporation,...


LESSOR EMPLOYING UNIT. A. Lessor employing unit means any independently established business entity which engages in the business of providing leased employees to any other employer, individual,...


EMPLOYMENT. Employment means: (1) Any service, including service in interstate commerce, performed by: (a) any officer of a corporation; or (b) any individual who,...


Employment office means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal...


(1) Fund means the Unemployment Compensation Fund established by this act. (2) Employment Security Administration Fund means the fund established by this act from which administration...


Hospital means any hospital required to be licensed under the Public Health Code, Sections 101 et seq. of Title 63 of the Oklahoma Statutes, and includes state mental hospitals and any other...


Institution of higher education means an educational institution which: (1) Admits as regular students only individuals having a certificate of graduation from a high school, or the...


Insured work means employment for employers as defined by this act. ...


State includes, in addition to the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. ...


UNEMPLOYED. An individual shall be deemed unemployed with respect to any week during which he performed no services and with respect to which no wages are payable to him, or with respect to any...


WAGES. Wages means all remuneration for services from whatever source, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, and includes...


Wages paid means wages actually paid to the worker; provided, however, that in the event of any distribution of an employer's assets through insolvency, receivership, composition, assignment for...


Week means such period of seven (7) consecutive days, as the Commission may by regulation prescribe. ...


BENEFIT WAGES. Benefit wages means the wages earned by a claimant during the claimant's base period which are not in excess of the current maximum weekly benefit amount, as determined under...


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FILE. For the purposes of Sections 2-503, 2-505, 2-603, 2-606, 3-102, 3-106, 3-111, 3-202, 3-203, 3-301, 3-305, 3-310, 3-805, 3-806, and 3-809 of this title, the term file, files, or...


SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN. A. Supplemental unemployment benefit plan means a plan that provides for an employer to make payments to its employees during a temporary layoff that...


Other definitions applicable to extended benefits and the sections in which they appear are: Eligibility period--Section 2-711 Exhaustee--Section 2-712 Extended benefit...


Other definitions in this act and the sections in which they appear are: Crew leader--Section 1-210(5)(d) American employer--Section 1-210(9)(d) United States--Section...


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The provisions of this part shall be applicable to the computation of benefits under this act. ...


Any benefit amount, any maximum benefit amount, or any payment amount computed under the provisions of this article that is not a multiple of One Dollar ($ 1.00) shall be computed to the next...


BENEFITS PAID FROM FUND. All benefits provided herein shall be payable from the fund. All benefits shall be paid through employment offices in accordance with such rules as the Commission may...


COMPUTATION OF BENEFIT AMOUNT. A. The weekly benefit amount of an individual shall be an amount equal to one twenty-third ( 1/23 ) of the taxable wages paid to the individual during that quarter...


WAGES SUBTRACTED FROM BENEFIT AMOUNT. Each eligible individual who is unemployed with respect to any week ending after July 1, 1994, shall be paid with respect to such week a benefit in an...


MAXIMUM BENEFIT AMOUNT. An otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of: 1. Twenty-six (26) times...


BENEFITS--PORTION OF A WEEK. Notwithstanding any other provisions of this act, the Commission may by rule prescribe that the existence of unemployment, eligibility for benefits and the amount of...


BENEFITS-APPROVED TRAINING. A. Notwithstanding any other provisions of law, no otherwise eligible individual shall be denied benefits for any week because the individual is in training with...


No individual may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed service and earned...


The provisions of this part apply to eligibility to receive benefits under this act. ...


An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commission finds that he satisfies the provisions of this Part 2. ...


REGISTRATION EMPLOYMENT. The unemployed individual must register for work at and thereafter continue to report at an employment office in accordance with such rules as the Commission may...


...


The unemployed individual must be able to perform work duties in keeping with his education, training and experience. He must also be available to seek and accept work at any time and may not be...


The unemployed individual must have been unemployed for a waiting period of one (1) week. No week shall be counted as a week of unemployment for the purposes of this section: (1) Unless it...


WAGE REQUIREMENT DURING BASE PERIOD. A. The unemployed individual, during the individual's base period, shall have been paid wages for insured work of not less than: 1. One Thousand Five...


(1) Effective January 1, 1978, benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the...


Benefits based on service in employment defined in paragraphs (2), (3) or (4) of Section 1-210 of this title, including any federally operated educational institutions, shall be payable in the...


Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this act shall be void. Any agreement by any individual in the employ of any person or...


(1) No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this act by the Board of Review, the Commission, or its representatives, or by any court or...


ASSIGNMENTS VOID, EXEMPTION FROM PROCESS. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under the Employment Security Act of 1980 shall...


Notwithstanding the provisions of Sections 2-301 and 2-303 of Title 40 of the Oklahoma Statutes, nothing shall be construed to prohibit the deduction of an amount from unemployment compensation...


DEDUCTION OF INDIVIDUAL INCOME TAX WITHHOLDINGS. Notwithstanding the provisions of Sections 2-301 and 2-303 of this title, nothing shall be construed to prohibit the deduction of an amount...


FRAUD. A. If the Oklahoma Employment Security Commission determines that any individual has made a false statement or representation or has failed to disclose a material fact in violation of...


...


An individual shall be disqualified for benefits for leaving his last work voluntarily without good cause connected to the work, if so found by the Commission. Disqualification under this...


A. For the purposes of this section: 1. Temporary help firm means a firm that hires its own employees and assigns them to clients to support or supplement the client's work force in work...


DETERMINING GOOD CAUSE. Good cause for voluntarily leaving work under Section 2-404 of this title may include, among other factors, the following: 1. A job working condition that had changed...


An individual shall be disqualified for benefits if he has been discharged for misconduct connected with his last work, if so found by the Commission. Disqualification under this section shall...


An employee discharged on the basis of a refusal to undergo drug or alcohol testing or a confirmed positive drug or alcohol test conducted in accordance with the provisions of the Standards for...


...


(1) In determining whether or not any work is suitable for an individual, there shall be considered among other factors and in addition to those enumerated in Section 2-409 the length of his...


Notwithstanding any other provisions of this act, no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new...


(1) An individual shall be disqualified to receive benefits for any week with respect to which the Commission finds that his unemployment is due to a stoppage of work which exists at the factory,...


RETIREMENT PAYMENTS. (1) Except for any payment or benefit payment made pursuant to the federal Social Security Act, an individual shall be disqualified for benefits for any week which begins in a...


An individual shall be disqualified for benefits for any week with respect to which or a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of...


No inmate of the State Department of Corrections shall during confinement be eligible to receive benefits under this act. ...


Nothing in this act shall prohibit pregnant women, who otherwise qualify for benefits under this title, from receiving said benefits for the full number of weeks to which they are entitled. ...


Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so...


SEEK AND ACCEPT WORK-WEEK OF OCCURRENCE DISQUALIFICATION. An individual shall be disqualified to receive benefits for each week in which the individual shall have failed to do any of the...


SEEK AND ACCEPT WORK-INDEFINITE DISQUALIFICATION. A. An individual shall be disqualified to receive benefits for the full period of unemployment next ensuing after the individual shall have failed...


This part applies to procedures for benefits. ...


POSTING OF INFORMATION. Each employer shall post and maintain in places readily accessible to individuals in his employ printed statements concerning benefit rights, claims for benefits and such...


CLAIMS, NOTICES AND OBJECTIONS. A. Claims for benefits shall be made in accordance with such rule as the Oklahoma Employment Security Commission may prescribe. B. Promptly after the...


A determination upon a claim for benefits shall be made promptly by a representative of the Commission. It shall include a statement as to whether and in what amount claimant is entitled to...


Whenever any claim involves the application of the provisions of Section 2-410, the representative of the Commission first considering the claim shall, if so directed by the Commission, promptly...


The Commission may reconsider a determination only when it finds that an error in computation or identity has occurred in connection therewith, or that wages of the claimant pertinent to such...


NOTICE OF DETERMINATIONS. Notice of a determination upon a claim shall be given promptly to the claimant by delivery thereof or by mailing such notice to the claimant's last-known address. Notice...


This part applies to appeals from determinations of the Commission or its representatives to its appeals tribunal, to appeals from decisions of its appeals tribunal to the Board of Review and to...


(1) The Executive Director, with approval by the Commission, shall appoint one or more referees who shall constitute the appeal tribunal. The referees shall act under the direct supervision of the...


APPEAL TRIBUNAL. The claimant or any other party entitled to notice of a determination may file an appeal from such determination with the appeal tribunal within ten (10) days after the date...


The parties shall be promptly notified of such referee's decision and shall be furnished with a copy of the decision, including the findings and conclusions in support thereof. Such decision shall...


The Board of Review shall review the record on such further appeal filed by any of the parties entitled to notice on a determination. The Board of Review may conduct a formal hearing upon a...


RULES AND PROCEDURES IN APPEALS. The Board of Review and appeal referees shall conduct any hearing or appeal in such manner as to ascertain the substantial rights of the parties. The Board of...


Except insofar as reconsideration of any determination is had under Section 2-506, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or...


The final decisions of the Board of Review, or of a referee, and the principles of law declared in arriving at such decision, unless expressly or impliedly overruled by a later decision of the...


(1) Within the ten (10) days after the day a notice of decision of the Board of Review is mailed to the parties, the Commission, or any party to the proceedings before the Board of Review, may...


The Commission shall be a party to and entitled to notice in any proceeding involving a claim for benefits before a referee or the Board of Review. In any proceeding for judicial review the...


Benefits shall be promptly paid on any claim in accordance with a determination or redetermination or the decision of a referee, the Board of Review or a reviewing court upon the issuance of such...


BENEFIT OVERPAYMENTS. An overpayment of unemployment benefits shall be classified in one of three ways with recovery and recoupment to be conducted as follows: 1. Fraud overpayment: in...


WAIVER OF APPEAL TIME. The ten-day time period provided for appeals pursuant to the provisions of the Employment Security Act of 1980, Section 1-101 et seq. of this title, may be waived for good...


Any interest, or any portion thereof, that accrues pursuant to the provisions of Section 2-613 of Title 40 of the Oklahoma Statutes, may be waived by the Oklahoma Employment Security Commission...


If the Oklahoma Employment Security Commission or its representative determines that an individual has been overpaid unemployment benefits pursuant to paragraph 1 or 2 of Section 2-613 of Title 40...


LEVY ON INCOME AND MONETARY ASSETS. A. As used in this section, the following words have the following meanings: 1. Bank means any state bank or banking association, national bank or...


The words and phrases used in this part shall, unless the context clearly requires otherwise, have the meanings prescribed in this part. ...


The provisions of this part shall apply to the extended benefits program. ...


Extended benefit period means a period which shall: (1) begin with the third week after the first week for which there is a state on indicator; and (2) end with either of the...


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STATE ON INDICATOR. There is a state on' indicator for this state for a week if the Oklahoma Employment Security Commission determines, in accordance with the regulations of the...


STATE OFF INDICATOR. There is a state off' indicator for this state for a week if the Commission determines, in accordance with the regulations of the Secretary of Labor of the United...


Rate of insured unemployment, for purposes of Sections 2-706 and 2-707 of this title, means the percentage derived by dividing: (1) the average weekly number of weeks claimed for weeks of...


Regular benefits mean benefits payable to an individual under this act, or under any other state law, including dependents' allowances and benefits payable to federal civilian employees and to...


Extended benefits mean benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85, payable to an individual under the provisions of...


Eligibility period of an individual for extended benefits means the period consisting of the weeks in his benefit year as defined by this act, which begin in an extended benefit period and, if...


A. Exhaustee means an individual who, with respect to any week of unemployment in his eligibility period: (1) has received, prior to such week, all the regular benefits payable to him...


State law means the unemployment insurance law of any state, approved by the Secretary of Labor of the United States under Section 3304 of the Internal Revenue Code of 1954. ...


EXTENDED BENEFITS. Except when the result would be inconsistent with the other provisions of this section, as provided in the rules of the Commission, the provisions of this act which apply to...


ELIGIBILITY FOR EXTENDED BENEFITS. A. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if...


The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the following amounts: (1) fifty percent (50%) of the...


Whenever an extended benefit period is to become effective in this state, as a result of a state on indicator, or an extended benefit period is to be terminated in this state as a result of...


Computations required by the provisions of this part shall be made by the Commission, in accordance with regulations prescribed by the Secretary of Labor of the United States. ...


In the administration of the provisions of this part which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, and the Unemployment...


Notwithstanding any other provisions of this act no employer shall be liable for payments in lieu of contributions with respect to extended benefit payments which are wholly reimbursed to the...


Reimbursement of the federal share shall be deposited in the Unemployment Compensation Fund created by this act. ...


The provisions of this act applicable to recovery of overpayments, including restitution and offset, shall apply to overpayments of extended benefits. If there is recovery of extended benefits,...


If the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would be entitled to receive in that extended benefit...


A. Beginning October 1, 1982, any individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support...


REPORTS BY EMPLOYERS TO EMPLOYMENT SECURITY COMMISSION - NEW HIRE REGISTRY. A. Employers doing business in the State of Oklahoma shall report to the Oklahoma Employment Security Commission,...


FOOD STAMPS OVERISSUANCES. A. An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not he or...


No person shall interfere with, obstruct or hinder by force or otherwise the Commissioner of Labor, his deputies, assistants, or special agents, or factory inspectors while in the performance of...


(1) The provisions of this Article 3 apply to the payment of contributions by employers. (2) The provisions of this Part 1 apply to employers other than employers who are subject to Part 7,...


CONTRIBUTIONS. A. Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this act, with respect to wages for employment. Such...


COMPUTATION-PERCENTAGE OF WAGES PAYABLE. Beginning January 1, 1996, each employer, unless otherwise prescribed in Sections 3-104, 3-111, 3-112, 3-701 or 3-801 of this title, shall pay...


For each calendar year commencing after December 31, 1941, the contribution rate of each employer who has had three (3) years of compensation experience shall be determined by the fund's maximum...


BENEFIT WAGES-YEAR CHARGED. When in any benefit year a claimant is paid benefits for his or her fifth compensable week of unemployment or is paid benefits as defined in paragraph (3) of Section...


RELIEF FROM BENEFIT WAGES CHARGED-ADDENDUM. The benefit wages charged to an employer for a given calendar year shall be the total of the benefit wages stated in the notices...


The benefit wage ratio of each employer shall be a percentage equal to the total of his benefit wages for the most recent three (3) consecutive completed calendar years divided by his total...


STATE EXPERIENCE FACTOR. The total benefits paid from the Fund for the most recent three (3) consecutive completed calendar years, less all amounts credited to the Fund other than employers'...


The contribution rate for each employer for each calendar quarter after December 31, 1983, to be applied to his current payroll shall be in accordance with the following table based upon the state...


RATE REDUCTION. Notwithstanding the provisions of Sections 3-103, 3-109, 3-110 and 3-113 of this title, for the time period beginning July 1, 1998, and ending December 31, 2001, the contribution...


RATE REDUCTION FOR COMPUTER FUND ASSESSMENT. Notwithstanding the provisions of Sections 3-103, 3-109, 3-110, and 3-113 of Title 40 of the Oklahoma Statutes, for the time period beginning July 1,...


MINIMUM CONTRIBUTIONS. No employer's rate shall be less than the greater of one percent (1%) or the average contribution rate paid by all employers during the second year preceding the current...


ACQUIRING EMPLOYERS. A. Any employing unit, whether or not an employing unit at the time of the acquisition, which acquires substantially all of the trade, organization, business, or assets of any...


For each calendar year commencing after December 31, 1954, for those employers who have had less than three (3) but at least one (1) year of compensation experience, the Commission shall determine...


CONDITIONAL FACTORS. For each calendar year commencing after December 31, 1977, except for those employers with a benefit wage ratio of zero (0) and as otherwise provided in this section, the...


ESTIMATE OF FINANCIAL CONDITION OF FUND-SURCHARGE. Prior to the beginning of each calendar quarter, the Commission shall prepare an estimate of the financial condition of the fund for the quarter....


PROTEST OF DETERMINATIONS. A. If a determination is made by the Oklahoma Employment Security Commission on any aspect of an employer's account, and a method of...


Except as provided in Section 3-203, any employing unit which is or becomes an employer subject to this act within any calendar year shall be deemed to be an employer during the whole of such...


Termination of coverage with respect to 1977 or prior years shall be determined in accordance with provisions applicable to those years. Except as otherwise provided in Section 3-203, an employing...


ELECTION BY EMPLOYER. A. An employing unit, not otherwise subject to the Employment Security Act of 1980, which files with the Oklahoma Employment Security...


PENALTY AND INTEREST ON PAST-DUE CONTRIBUTIONS. A. If contributions are not paid on the date on which they are due and payable as prescribed by the Oklahoma Employment Security Commission, the...


COLLECTIONS. A. If any employer defaults in any payment of contributions, interest, penalty or fees thereon, the amount due may be collected by civil action in the name of the State of Oklahoma....


PRIORITIES UNDER LEGAL DISSOLUTIONS OR DISTRIBUTIONS. In the event of any distribution of an employer's assets pursuant to an order of any court or under the laws of this state, including any...


REFUNDS. If not later than three (3) years after the date on which a specific report or return was required to be filed, an employer, who has paid all amounts owing for that specific quarter, may...


ASSESSMENTS. A. If any employer shall fail to make any report or return as required by the Employment Security Act of 1980, the Oklahoma Employment Security Commission or its duly authorized...


JEOPARDY ASSESSMENTS. A. If the Commission, notwithstanding that a return or report, or that contributions with respect thereto may not yet be due, and whether prior to or after the close of the...


A. All remittance, under Section 1-101 et seq. of Title 40 of the Oklahoma Statutes, shall be made payable to the Oklahoma Employment Security Commission, at Oklahoma City, Oklahoma, by bank...


Any person, or member of any firm or association, or any officer, agent, or employee of any corporation, who shall knowingly make false answer to any question which may be put to him by the...


COLLECTION OF DELINQUENT CONTRIBUTIONS, PENALTIES OR INTEREST. Upon a hearing with notice, the Oklahoma Employment Security Commission shall be entitled to proceed by garnishment to collect any...


A. Any penalty or interest, or any portion thereof, assessed because an employer or employee fails to file a report or remit payment as required by Section 1-101 et seq. of Title 40 of the...


APPEALS TO DISTRICT COURT. After the administrative appeal hearing process provided for in Article III of this title is complete, any order, ruling or finding that directly affects an...


...


PETITION FOR REVIEW AND TRANSCRIPT OF COMMISSION PROCEEDINGS. Within thirty (30) days after the date of mailing of the order, ruling, or finding complained of, the party desiring to appeal...


In any judicial review under this part the findings of the Commission, or its duly-authorized representative, as to the facts, if supported by evidence and in the absence of fraud, shall be...


DEPOSIT OF ASSESSMENT REQUIRED. As a condition precedent to the right of an employer to prosecute an appeal, and as a jurisdictional prerequisite of the district court to entertain the...


BOND IN LIEU OF CASH DEPOSIT. In lieu of the cash payment provided for in Section 3-405 of this title, the employer may file with the Commission a surety bond issued by an insurance company that...


If the appeal be from an order, judgment, finding or ruling of the Commission, or its duly-authorized representative, other than one assessing a contribution and from which a right of appeal is...


COMMISSION TO ISSUE WARRANTS. If any contribution imposed by the provisions of this act, or any portion of said contribution, be not paid before the same becomes delinquent, the Commission may...


FILING WARRANT WITH COUNTY CLERK. The Commission may also file a copy of its warrant with the county clerk of the county or counties in which the employer has property and thereupon the county...


FILED WARRANT IS LIEN. The filing of said warrant in the office of the county clerk of said county shall constitute and be evidence and notice of the state's lien upon the title to any interest in...


SHERIFF TO EXECUTE WARRANT IN SAME MANNER AS JUDGMENT. Upon receiving such warrant the sheriff shall proceed to execute said warrant in all respects with like effect and in the same manner...


In any action involving the title to real estate, or the ownership or right to possession of personal property, the State of Oklahoma may be made a party defendant for the purpose of determining...


When any reports required under this act have not been filed or may be insufficient to furnish all the information required by the Commission, or when the contributions imposed by this act have...


Upon a proper showing in any action under Section 3-507 that contributions are in danger of being lost or rendered uncollectible by reason of the mismanagement, dissipation or concealment of the...


LEVY ON BANK ACCOUNTS A. As used in Part 5 of Article 3 of the Employment Security Act of 1980: 1. Bank means any state bank or banking association,...


ENFORCEMENT OF BANK LEVY A. Any bank that fails or refuses to surrender any money or rights to money in a bank account subject to levy, upon being served with a...


There is hereby established as a special fund, separate and apart from all public monies or funds of this state, the Unemployment Compensation Fund, which shall be administered by the Commission...


The State Treasurer shall maintain within the fund three separate accounts: (1) a clearing account, (2) an unemployment trust fund account, and (3) a benefit account. ...


All monies payable to the fund, upon receipt thereof by the Commission, shall be forwarded to the Treasurer who shall immediately deposit them in the clearing account. Refunds payable pursuant to...


After clearance thereof, all other monies in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States of America to the credit of the account of...


The benefit account shall consist of all monies requisitioned from this state's account in the Unemployment Trust Fund in the United States Treasury. Monies in the clearing and benefit account may...


Monies requisitioned from this state's account in the Unemployment Trust Fund shall be used exclusively for the payment of benefits. The Commission shall, from time to time, requisition from the...


(1) Expenditures of such monies in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release...


The provisions of this part to the extent that they relate to the Unemployment Trust Fund in the Treasury of the United States, shall be operative only so long as such Unemployment Trust Fund...


If and when the Unemployment Trust Fund in the Treasury of the United States, ceases to exist, or such separate book account of the Unemployment Trust Fund is no longer maintained, all monies...


The provisions of this part shall apply to the financing of benefits to employees of the state and political subdivisions thereof and their instrumentalities. ...


PAYMENTS BY THE STATE SUBDIVISIONS AND INSTRUMENTALITIES IN LIEU OF CONTRIBUTIONS. In lieu of contributions required of employers under the Employment Security Act of 1980, as provided by this...


All regular benefits and extended benefits, as defined by this act, paid to individuals who were employees of the state and political subdivisions and their instrumentalities and which were based...


If benefits paid an individual are based on wages paid by both the state and one or more other employers subject to this act, the amount to be included as state benefit payments shall bear the...


Benefits paid to former employees of governmental entities, except for benefits paid to such employees based upon wages paid by other than governmental entities, shall not be considered as...


The State of Oklahoma recognizes its obligation under this act and hereby pledges the faith of the state that funds which are to be dispersed by the state to any organization, instrumentality of...


If the Commission finds that any organization, instrumentality of the state or its political subdivisions, including public trusts, has become delinquent with payments required under the act and...


APPLICABILITY. Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this part. For the purpose of this part, a nonprofit organization is an...


Any such nonprofit organization which is, or becomes, subject to this act, on or after January 1, 1972, shall report and pay contributions to the Commission in the same time, manner and amounts as...


A nonprofit organization may elect, in accordance with this section, in lieu of contributions, to pay to the Commission for the Unemployment Compensation Fund an amount equal to the amount of...


Any nonprofit organization which becomes subject to this act on or after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than the...


Any nonprofit organization which makes an election in accordance with Section 3-804 of this act will continue to be liable for payments in lieu of contributions until it files with the Commission...


Any nonprofit organization which had been liable for paying contributions for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the Commission not later...


GROUP ACCOUNTS. Two or more employers that have elected to become liable for payments in lieu of contributions, in accordance with the provisions of this Part, may, within the same period of time...


COMMISSION TO PROVIDE NOTICE OF DETERMINATIONS. The Commission, in accordance with such rules as it may prescribe, shall notify each nonprofit organization, or group of organizations, of any...


...


This part shall apply to the Oklahoma Employment Security Commission. ...


There is hereby created a Commission to be known as the Oklahoma Employment Security Commission. The Commission shall consist of five (5) members, appointed by the Governor, by and with the...


Each member of such Commission shall be a citizen of the United States, and at the time of appointment shall be, and for more than five (5) years shall have been, a bona fide resident and...


The Governor may, at any time, after notice and hearing, remove any Commissioner for cause, and such Commissioner sought to be thus removed shall, if he so desires, be given a copy of the charges...


...


In addition to reimbursement for travel expenses pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes, each Commissioner shall receive Fifty...


Any three Commissioners shall constitute a quorum. No vacancy shall impair the right of the remaining Commissioners to exercise all of the powers of the Commission. ...


EXECUTIVE DIRECTOR. A. The chief executive officer of the Commission shall be the Executive Director who shall be appointed by and serve at the pleasure of the Commission. The Executive Director...


This part shall apply to the creation, appointment, salary and qualifications of the Board of Review. ...


There shall be created at such time as is necessary for the proper administration of this act a Board of Review, consisting of three (3) members appointed by the Governor for terms of six (6)...


SALARY. Each member of the Board of Review shall be paid from the Employment Security Administration Fund a salary of Thirty Thousand Dollars ($ 30,000.00) per annum, payable in twelve (12)...


No member of the Board of Review shall serve as an officer or committee member of any political party organization during his term of office. ...


In the event of the disqualification of two or more members of the Board of Review from the hearing and determination on a claim for benefits, the Governor shall designate by appointment temporary...


This part shall apply to the powers and duties of the Commission. ...


...


The Commission shall determine its own organization and methods of procedure in accordance with the provisions of this act. ...


The Commission shall have an official seal which shall be judicially noticed. ...


Not later than the fifteenth day of February of each year, the Commission shall submit to the Governor a report covering the administration and operation of this act during the preceding calendar...


Whenever the Commission believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly so inform the Governor, who may make to...


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COMMISSION SHALL PUBLISH RULES. The Oklahoma Employment Security Commission shall cause to be printed for distribution to the public the text of this act, the Commission's rules, its annual...


Subject to other provisions of this act, the Oklahoma Employment Security Commission is authorized to appoint, fix the compensation and prescribe the duties and powers of such officers,...


In the administration of this act the Oklahoma Employment Security Commission shall cooperate to the fullest extent consistent with the provisions of this act, with the Social Security Act, as...


PETTY CASH FUND. There is hereby authorized to be created a petty cash fund for the Oklahoma Employment Security Commission in an amount not to exceed Two Hundred Fifty Dollars ($ 250.00). Said...


PETTY CASH FUND FOR JOB CORPS. There is hereby authorized to be created a petty cash fund for the Oklahoma Employment Security Commission in an amount not to exceed Seven Hundred Dollars ($...


PURCHASE OF REAL PROPERTY. If the Commission determines, to its satisfaction, that suitable quarters, office space or facilities are not readily obtainable, the Commission may enter into an...


EMPLOYMENT RECOGNITION PROGRAM. In order to establish a public employee benefit program to encourage outstanding performance in the workplace, the Oklahoma Employment Security Commission is...


This part shall apply to the creation, appointment, duties and compensation of the Advisory Council. ...


There is hereby created a State Advisory Council of six (6) members composed of men and women to be appointed by the Governor. Three of the appointees to this Council shall be persons who, on...


The advisory council shall serve without compensation. Members shall be reimbursed for any travel expense incurred in accordance with the State Travel Reimbursement Act. ...


The Council shall aid the Commission in formulating policies, and discussing problems related to the administration of this act. ...


The Commission with the advice and aid of its Advisory Council shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of...


This part shall apply to the maintenance and production of work records by employers. ...


Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the Commission may prescribe. Such records shall be maintained for a...


The Commission, its authorized representatives, or the Board of Review may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which its...


In the discharge of the duties imposed by this act, the Commission, the chairman of an appeal tribunal, the members of the Board of Review, and any duly-authorized representative of any of them...


In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which...


Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in...


No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commission, the Board of Review, the chairman of...


INFORMATION TO BE KEPT CONFIDENTIAL--DISCLOSURE. A. Except as otherwise provided by law, information obtained from any employing unit or individual pursuant to the administration of the...


INFORMATION TO BE KEPT CONFIDENTIAL--DISCLOSURE. A. Except as otherwise provided by law, information obtained from any employing unit or individual pursuant to the administration of the...


INFORMATION TO BE FURNISHED TO PUBLIC AGENCIES. A. Subject to such restrictions as the Oklahoma Employment Security Commission may by rule prescribe, information maintained by the Commission...


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