Maine Revised Statutes > Title 26 > Chapter 13 – Unemployment Compensation
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Terms Used In Maine Revised Statutes > Title 26 > Chapter 13 - Unemployment Compensation
- Agricultural composting operation: means composting that takes place on a farm. See Maine Revised Statutes Title 7 Sec. 152
- agricultural labor: includes any service performed: (1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural, aquacultural, or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife;(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm;(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, as amended, 12 U. See Maine Revised Statutes Title 26 Sec. 1043
- Agricultural products: means those plants and animals and their products that are useful to humans and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, bees and bees' products, livestock and livestock products, manure and compost and fruits, berries, vegetables, flowers, seeds, grasses and other similar products, or any other plant, animal or plant or animal products that supply humans with food, feed, fiber or fur. See Maine Revised Statutes Title 7 Sec. 152
- Agricultural support services: means the aerial or surface application of seed, fertilizer, pesticides or soil amendments and custom harvesting. See Maine Revised Statutes Title 7 Sec. 152
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annual payroll: means the total amount of wages paid by an employer during a calendar year, not meaning, however, to include that part of individual wages or salaries in excess of $12,000. See Maine Revised Statutes Title 26 Sec. 1043
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Association: means any corporation organized under this chapter. See Maine Revised Statutes Title 13 Sec. 2003
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Base period: means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year; provided that if the first quarter of the last 5 completed calendar quarters was included in the base period applicable to any individual's previous benefit year, his base period shall be the last 4 completed calendar quarters. See Maine Revised Statutes Title 26 Sec. 1043
- Benefit year: means the one-year period beginning with the date with respect to which an insured worker files a request for determination of the worker's insured status, and thereafter the one-year period beginning with the date with respect to which the worker next files such a request after the end of the worker's last preceding benefit year. See Maine Revised Statutes Title 26 Sec. 1043
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to his unemployment. See Maine Revised Statutes Title 26 Sec. 1043
- Bonds: means any bonds, notes, interim certificates, debentures or other obligations issued by an authority under this chapter. See Maine Revised Statutes Title 30-A Sec. 4702
- Bureau: means the Bureau of Unemployment Compensation, the former Division of Unemployment Compensation in the Bureau of Employment Security. See Maine Revised Statutes Title 26 Sec. 1043
- Calendar quarter: means the period of 3 consecutive calendar months ending on March 31st, June 30th, September 30th or December 31st. See Maine Revised Statutes Title 26 Sec. 1043
- Client company: means a person, association, partnership, corporation or other entity that leases employees from an employee leasing company pursuant to contract. See Maine Revised Statutes Title 26 Sec. 1043
- Commission: means the 3-member Unemployment Insurance Commission. See Maine Revised Statutes Title 26 Sec. 1043
- Commissioner: means the Commissioner of Labor. See Maine Revised Statutes Title 26 Sec. 1043
- Composting: means the controlled aerobic decomposition of organic materials to produce a soil-like product beneficial to plant growth and suitable for agronomic use. See Maine Revised Statutes Title 7 Sec. 152
- Continuance: Putting off of a hearing ot trial until a later time.
- Contributions: means the money payments required by this chapter to be made into the fund by an employer on account of having individuals performing services for him. See Maine Revised Statutes Title 26 Sec. 1043
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- crew leader: means an individual who:
(i) Furnishes individuals to perform service in agricultural labor for any other person,(ii) Pays either on his own behalf or on behalf of such other person, the individuals so furnished by him for the service in agricultural labor performed by them, and(iii) Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. See Maine Revised Statutes Title 26 Sec. 1043- Docket: A log containing brief entries of court proceedings.
- Domestic abuse: means any of the following acts between any family or household members or sexual partners whether or not they have lived together:
A. See Maine Revised Statutes Title 26 Sec. 1043- Domestic service: includes all service for a person in the operation and maintenance of a private household, local college club or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade, occupation, profession, enterprise or vocation. See Maine Revised Statutes Title 26 Sec. 1043
- Educational institution: means any school, including nursery schools and schools of higher education, which is licensed by the State and which provides an organized course of study designed to transfer knowledge, skills, attitudes or abilities under the guidance of a teacher. See Maine Revised Statutes Title 26 Sec. 1043
- Employee leasing company: means a business entity that engages in the business of leasing employees to client companies without the client company severing an employer-employee relationship with the employees for services performed for the client company. See Maine Revised Statutes Title 26 Sec. 1043
- Employer: means :
A. See Maine Revised Statutes Title 26 Sec. 1043- Employing unit: means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance 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, 1935 had in its employ one or more individuals performing services for it within this State. See Maine Revised Statutes Title 26 Sec. 1043
- Employment: except as otherwise provided in paragraph F, subparagraph (2), means any service performed prior to July 26, 1940 which was employment as defined in this subsection prior to such date, and subject to the other provisions of this subsection service performed after July 26, 1940, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied. See Maine Revised Statutes Title 26 Sec. 1043
- Employment office: means a free public employment office, or branch thereof, operated by this State or the United States or maintained as a part of a state-controlled system of public employment offices. See Maine Revised Statutes Title 26 Sec. 1043
- Employment Security Administration Fund: means the Employment Security Administration Fund from which administrative expenses under this chapter shall be paid. See Maine Revised Statutes Title 26 Sec. 1043
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Ex officio: Literally, by virtue of one's office.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Farm: means the land, plants, animals, buildings, structures, ponds and machinery used in the commercial production of agricultural products. See Maine Revised Statutes Title 7 Sec. 152
- farm: includes stock, dairy, poultry, fruit, fur-bearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. See Maine Revised Statutes Title 26 Sec. 1043
- Farm operation: means a condition or activity that occurs on a farm in connection with the commercial production of agricultural products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; operation of machinery and irrigation pumps; disposal of manure; agricultural support services; and the employment and use of labor. See Maine Revised Statutes Title 7 Sec. 152
- Fiduciary: A trustee, executor, or administrator.
- Financial institution: means any bank or trust company, savings bank, savings and loan association, industrial bank, national banking association, federal savings and loan association, mortgage banker, credit union or other such institution authorized to do business in the State, or a government agency which customarily provides service or otherwise aids in the financing of mortgage loans. See Maine Revised Statutes Title 30-A Sec. 4702
- Fishery products: includes fish, crustaceans, mollusks and marine products for human consumption. See Maine Revised Statutes Title 13 Sec. 2003
- Fraud: Intentional deception resulting in injury to another.
- Fund: means the Unemployment Compensation Fund to which all contributions and payments in lieu of contributions required and from which all benefits provided under this chapter shall be paid. See Maine Revised Statutes Title 26 Sec. 1043
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Governmental entity: means the State of Maine and its instrumentalities, political subdivisions and school administrative units as represented by their elected or appointed governing bodies and includes, without limitation, city and town councils, select boards, boards of county commissioners, municipally owned and operated hospitals and administrative entities formed under Title 30?A, chapter 115. See Maine Revised Statutes Title 26 Sec. 1043
- Hospital: means an institution which has been licensed, certified or approved by the Department of Health and Human Services as a hospital. See Maine Revised Statutes Title 26 Sec. 1043
- housing authority: means any of the public corporations created or authorized to be created by this chapter. See Maine Revised Statutes Title 30-A Sec. 4702
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Institution of higher education: means an educational institution which:
A. See Maine Revised Statutes Title 26 Sec. 1043- Insured work: means employment by employers. See Maine Revised Statutes Title 26 Sec. 1043
- insured worker: is a n individual who has been paid wages of at least $250 for insured work in each of 2 different quarters in that individual's base period and has been paid total wages of at least $900 in the base period for insured work. See Maine Revised Statutes Title 26 Sec. 1043
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Juror: A person who is on the jury.
- Mail: includes delivery by United States Postal Service, private carrier or electronic mail. See Maine Revised Statutes Title 26 Sec. 1043
- Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See Maine Revised Statutes Title 13 Sec. 2003
- Misconduct: means a culpable breach of the employee's duties or obligations to the employer or a pattern of irresponsible behavior, which in either case manifests a disregard for a material interest of the employer. See Maine Revised Statutes Title 26 Sec. 1043
- mortgage: means :
A. See Maine Revised Statutes Title 30-A Sec. 4702- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- pay period: means a period of not more than 31 consecutive days for which a payment of remuneration is ordinarily made to the individual by the person employing him. See Maine Revised Statutes Title 26 Sec. 1043
- Payments in lieu of contributions: means the money payments made into the fund by an employer pursuant to section 1221, subsections 11 and 13. See Maine Revised Statutes Title 26 Sec. 1043
- Personal property: All property that is not real property.
- Persons of low income: means persons or families, elderly or otherwise, who lack the income which is necessary, as determined by a housing authority, to enable them, without financial assistance, to live in or purchase decent, safe and sanitary dwellings, without overcrowding. See Maine Revised Statutes Title 30-A Sec. 4702
- previously uncovered services: means services:
(1) That were not employment as defined in subsection 11, and were not services covered pursuant to section 1222, at any time during the one-year period ending December 31, 1975; and(2) That:(a) Are agricultural labor, as defined in subsection 11, paragraph A?2 or domestic service as defined in subsection 11, paragraph A?3; or(b) Are services performed by an employee of this State or a political subdivision thereof, or any of their instrumentalities as provided in subsection 11, paragraph A?1, subparagraph (1), or by an employee of a nonprofit educational institution that is not an institution of higher education, as provided in subsection 11, paragraph F, subparagraph (17), division (i);except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services; [PL 2011, c. See Maine Revised Statutes Title 26 Sec. 1043- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recess: A temporary interruption of the legislative business.
- Regular employment: means work at the individual's customary trade, occupation, profession or business as opposed to temporary or odd job employment outside of such customary trade, occupation, profession or business. See Maine Revised Statutes Title 26 Sec. 1043
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Maine Revised Statutes Title 26 Sec. 1043
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- United States: when used in a geographical sense includes the States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Maine Revised Statutes Title 26 Sec. 1043
- Unpaid wages: means wages earned by an employee for employment from employers which remain unpaid because the assets of the employer for whom such employment was rendered are in the custody or control of an assignee for the benefit of creditors, receiver, trustee or any other fiduciary appointed by or under the control of a court of competent jurisdiction and shall, for all the purposes of this chapter, be deemed to be and shall be treated as though such wages had been paid to such employee during the calendar quarter within which such wages were earned. See Maine Revised Statutes Title 26 Sec. 1043
- Wages: means all remuneration for personal services, including commissions, bonuses, severance or terminal pay, gratuities and the cash value of all remuneration in any medium other than cash. See Maine Revised Statutes Title 26 Sec. 1043
- Week: means such period or periods of 7 calendar days as the commissioner may by rule prescribe. See Maine Revised Statutes Title 26 Sec. 1043
- Weekly benefit amount: means the amount of benefits an individual would be entitled to receive for one week of total unemployment. See Maine Revised Statutes Title 26 Sec. 1043