Ohio Admin. Code 4141-9-14 - Retroactive pay awards
(A)
"Retroactive pay award" means any adjustment in the amount of remuneration paid
to an individual as the result of the resolution of a dispute as to
remuneration for services provided by the individual in his or her base period
or benefit year, which was not considered remuneration for services performed
in the determination of the validity of the individual's application for
unemployment benefits or in determining unemployment compensation amounts due
based on his or her weekly claims for benefits.
(B) In the event that a retroactive pay award
results in the adjustment of remuneration paid to individuals for services
performed during weeks in their base periods or benefit years, the employers
and employees who are parties to the dispute shall report the terms of such
retroactive pay awards to the director no later than the last day of the first
month following the close of the calendar quarter in which payment pursuant to
the retroactive pay award was made.
(C) Retroactive pay awards may be allocated
under the terms of the award or by agreement of the parties to the dispute to
weeks in the base period or benefit year of individuals whose remuneration is
to be adjusted pursuant to the award. If no allocation to weeks is provided by
the provisions of such award or by agreement of the parties, the director will
allocate the total adjustment provided by the award equally among the weeks
during the period for which the dispute with respect to remuneration was at
issue.
(D) No employer shall deduct
from a back pay award any benefits or reimbursements made under Chapter 4141.
of the Revised Code when such back pay award payments are made for the weeks
compensated by the payment of unemployment compensation. Contributory employers
shall notify the director of the payment of the back pay award, setting forth
the weeks covered by the back pay award, and the director shall credit such
contributory employer's account for any offset to which it may be entitled.
Pursuant to division (D) of section
4141.24 of the Revised Code,
reimbursing employers are not entitled to an offset.
Notes
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.01, 4141.28, 4141.29
Prior Effective Dates: 12/30/1991, 01/15/2001, 04/01/2012, 05/31/2018
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.01, 4141.28, 4141.29
Prior Effective Dates: 12/30/1991, 01/15/2001, 04/01/2012
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