§ 1-201. General definitions
Oklahoma Statutes AnnotatedTitle 40. LaborEffective: November 1, 2022
Effective: November 1, 2022
40 Okl.St.Ann. § 1-201
§ 1-201. General definitions
GENERAL DEFINITIONS.
As used in the Employment Security Act of 1980:1
2. “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 that an individual's claim uses an alternative base period to meet the wage requirement under Section 2-207 of this title, this alternative base period shall be substituted for base period for all other purposes under the Employment Security Act of 1980;
5. “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 and thereafter the one-year period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of his or her last preceding benefit year. Any claim for benefits shall be deemed a valid claim for the purpose of this section if the individual has been paid the wages for insured work required under the Employment Security Act of 1980;
6. “Benefit wages” means the taxable 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 Section 2-104 of this title, multiplied by the maximum number of weeks for which benefits could be paid to any individual (now twenty-six (26) weeks) multiplied by three (3); provided, however, no wages shall be included as benefit wages unless and until the claimant has been paid benefits for five (5) weeks in one (1) benefit year;
7. “Benefits” means the money payments payable to an individual as provided in the Employment Security Act of 1980 with respect to his or her unemployment, including extended benefits. The federal share of such extended benefits shall not be construed as benefits for the purposes of computing contribution rates under the Employment Security Act of 1980;
20. “Eligibility period” of an individual for extended benefits means the period consisting of the weeks in his or her benefit year, as defined by the Employment Security Act of 1980, which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period;
22. “Employing unit” means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, limited liability company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this state;
24. “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 agency charged with the administration of an unemployment compensation program or free public employment offices;
28. “Extended base period” means the four (4) quarters prior to the claimant's base period. These four (4) quarters may be substituted for base period quarters on a quarter-by-quarter basis to establish a valid claim regardless of whether the wages have been used to establish a prior claim, except any wages earned that would render the Commission out of compliance with applicable federal law shall be excluded if used in a prior claim;
32. “Foreign limited liability company” shall be defined by the provisions of the Oklahoma Limited Liability Company Act;2
41. “Professional Employer Organization” or “PEO” means an organization that is subject to the Oklahoma Professional Employer Organization Recognition and Registration Act3 and which meets the definition set out in paragraph 9 of Section 600.2 of this title;
44. “Reopened claim” means a claim application which reactivates a claim during an existing benefit year when a claimant stopped filing for benefits before his or her claim was exhausted, but in which there occurred no intervening employment from the date of the filing of the last initial, additional, or reopened claim;
47. “Supplemental unemployment benefit plan” means a plan that provides for an employer to make payments to its employees during a permanent or temporary layoff that will supplement unemployment benefits received by the employees. The purpose of a supplemental unemployment benefit plan is to allow an employer to sustain the purchasing power of its employees or former employees during a layoff;
48. “Taxable wages” means the wages paid to an individual with respect to employment during a calendar year for services covered by the Employment Security Act of 1980 or other state unemployment compensation acts which shall equal the applicable percentage of the state's average annual wage for the second preceding calendar year as determined by the Commission, rounded to the nearest multiple of One Hundred Dollars ($100.00);
50. “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 the benefit of creditors, or termination of business, wages earned but not actually paid shall be considered as paid; and
Credits
Laws 1980, c. 323, § 1-201, eff. July 1, 1980; Laws 2022, c. 360, § 1, eff. Nov. 1, 2022.
40 Okl. St. Ann. § 1-201, OK ST T. 40 § 1-201
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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