2.3  WEEK OF UNEMPLOYMENT

2.3.1 Statutory References: 8-70-103 (19)(28)(30), 8-70-112, 8-73-107 (1)(d)(f)(h), 8-73-108 and 8-74-101, C.R.S.

2.3.2 Week of Unemployment. Except as provided in regulations 2.3.4 and 2.3.5, a week of unemployment shall be the calendar week in which the individual files an initial, additional, or reopened claim with the division and each calendar week immediately following any such week for which said individual has filed a continued claim as provided by regulation or has failed to do so and has established to the satisfaction of the division that he or she exercised no control over that failure. However, no week shall be considered a week of unemployment unless the individual has worked less than thirty-two hours during such week, earned less than his or her weekly benefit amount, and has filed an initial, additional, or reopened claim not later than Wednesday of that week or has filed a continued claim pursuant to regulation 2.1.7.

.1 WEEK OF UNEMPLOYMENT FOR ESSENTIAL FEDERAL WORKERS DURING A FEDERAL GOVERNMENT SHUTDOWN.  THERE SHALL BE AN EXCEPTION TO RULE 2.3.2 FOR ANY WEEK OF A FEDERAL GOVERNMENT SHUTDOWN FOR A FEDERAL EMPLOYEE WHO, DUE TO HIS OR HER DESIGNATION AS ESSENTIAL OR EXEMPTED, IS REQUIRED TO WORK WITHOUT TIMELY PAYMENT.  EACH WEEK THAT SUCH INDIVIDUAL IS REQUIRED TO WORK WITHOUT TIMELY PAYMENT SHALL BE CONSIDERED A WEEK OF UNEMPLOYMENT REGARDLESS OF THE NUMBER OF HOURS SUCH INDIVIDUAL IS REQUIRED TO WORK.  SUCH INDIVIDUAL SHALL BE CONSIDERED TO BE PARTIALLY SEPARATED FROM THEIR EMPLOYMENT.
	.2 TIMELY PAYMENT. “TIMELY PAYMENT” FOR PURPOSES OF THIS RULE 2.3.2.1 SHALL MEAN PAYMENT ISSUED ON THE REGULAR PAYROLL SCHEDULE DESIGNATED BY THE FEDERAL AGENCY. A PAYMENT IS NOT TIMELY IF IT CANNOT BE ISSUED ON THE REGULAR PAYROLL SCHEDULE BECAUSE OF A GOVERNMENT SHUTDOWN AND/OR LACK OF APPROPRIATED FUNDING.

2.9 DISQUALIFYING PAYMENTS 

2.9.1 Statutory References: 8-70-103 (28), 8-73-102 (4), 8-73-107 (1) AND (4), and 8-73-110 (1), C.R.S.
 
2.9.2 Gross Wages/Earnings Reportable During a Week of Unemployment. For the purposes of determining weekly benefits, “wages/earnings” is defined as any income or remuneration received in exchange for services performed, including amounts that have been deducted under a plan for tax exemption or deferral. 
.1 Wages/earnings do not include payments for reimbursements for out-of-pocket expenses by volunteer workers. 
.2 Wages/earnings do not include income derived from investment-interest payments, dividend payments, or rent receipts from rental property, except if the income is earned through a business owned or operated by the individual requesting payment for a week of unemployment.

2.9.3 GROSS WAGES/EARNINGS REPORTABLE DURING A FEDERAL GOVERNMENT SHUTDOWN. FOR THE PURPOSES OF DETERMINING WEEKLY BENEFITS, GROSS WAGES/EARNINGS FOR SERVICES PERFORMED BY A FEDERAL EMPLOYEE WHO, DUE TO HIS OR HER DESIGNATION AS ESSENTIAL OR EXEMPTED, IS REQUIRED TO REPORT TO WORK WITHOUT RECEIVING TIMELY PAYMENT BECAUSE OF A LACK OF APPROPRIATED FUNDING DURING A FEDERAL GOVERNMENT SHUTDOWN, SHALL BE REPORTED AT SUCH TIME THAT A FUNDING AGREEMENT IS REACHED AND THE ESSENTIAL FEDERAL WORKER RECEIVES PAYMENT FOR SERVICES PERFORMED. 
.1 ONCE PAID, THE REPORTED GROSS WAGES/EARNINGS SHALL BE APPLIED TO EACH WEEK IN WHICH THE HOURS WERE WORKED. 
.2 ANY BENEFITS PAID TO A FEDERAL WORKER DEEMED ESSENTIAL SHALL BE REPAID AFTER PAYMENT FOR SERVICES PERFORMED IS RECEIVED. 
.3 “TIMELY PAYMENT” FOR PURPOSES OF THIS RULE 2.9.3 SHALL MEAN PAYMENT ISSUED ON THE REGULAR PAYROLL SCHEDULE DESIGNATED BY THE FEDERAL AGENCY. A PAYMENT IS NOT TIMELY IF IT CANNOT BE ISSUED ON THE REGULAR PAYROLL SCHEDULE BECAUSE OF A GOVERNMENT SHUTDOWN AND/OR LACK OF APPROPRIATED FUNDING.

PART XV BENEFIT OVERPAYMENTS

15.3 STATUTORY REFERENCES: 8-79-102 (1)

15.3.1 RECOVERY OF OVERPAYMENT RESULTING FROM A BACK-PAY AWARD. THE DIVISION MAY REQUIRE THAT A REIMBURSING EMPLOYER ASSIST IN THE RECOVERY OF OVERPAID BENEFITS THAT OCCURS AS A RESULT OF A BACK-PAY AWARD. 

15.3.2 CRITERIA FOR REQUEST TO REIMBURSING EMPLOYER. THE WRITTEN REQUEST TO THE REIMBURSING EMPLOYER MUST INCLUDE:
	.1 IDENTIFYING INFORMATION FOR EACH EMPLOYEE,
	.2 THE OVERPAYMENT AMOUNT DUE,
	.3 DOCUMENTATION THAT THE OVERPAYMENT OCCURRED AS A RESULT OF A BACK-PAY AWARD,
	.4 VERIFICATION OR ATTESTATION THAT THE INDIVIDUAL HAS BEEN AFFORDED THE OPPORTUNITY TO APPEAL, AND
	.5 VERIFICATION OR ATTESTATION THAT THE INDIVIDUAL HAS BEEN AFFORDED THE OPPORTUNITY TO VOLUNTARILY REPAY THE OVERPAYMENT AMOUNT DUE.

15.3.3 NOTICE TO THE CLAIMANT. BEFORE A WRITTEN REQUEST IS SUBMITTED TO THE REIMBURSING EMPLOYER, THE DIVISION MUST ISSUE TO THE CLAIMANT:
.1 AN APPEALABLE DETERMINATION THAT INDICATES THE OVERPAYMENT IS A RESULT OF A BACK-PAY AWARD. 
.2 A NOTICE OF OVERPAYMENT THAT INCLUDES THE DATE OF THE ORIGINAL OVERPAYMENT DETERMINATION, THE WEEKS OVERPAID, AND THE TOTAL AMOUNT DUE.
.3 A REPAYMENT PLAN TO VOLUNTARILY REPAY THE BENEFITS WHEN THE AMOUNT OF THE OVERPAYMENT IS APPROPRIATE FOR A REPAYMENT PLAN.

15.3.4 WAIVER REQUEST. A WAIVER REQUEST RECEIVED SHALL BE REVIEWED ONLY ON A CASE-BY-CASE BASIS IN ACCORDANCE WITH REGULATION 15.2. A WAIVER SHALL BE GRANTED AS AN EXCEPTION PROCESS ONLY IN EXTREME CIRCUMSTANCES AND WITH APPROVAL FROM THE DIVISION DIRECTOR OR DESIGNEE.