Wisconsin Statutes 108.13 – Deductions from benefit payments
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Terms Used In Wisconsin Statutes 108.13
- Benefits: means the money allowance payable to an employee as compensation for the employee's wage losses due to unemployment as provided in this chapter. See Wisconsin Statutes 108.02
- Child: means a natural child, adopted child, or stepchild. See Wisconsin Statutes 108.02
- Department: means the department of workforce development. See Wisconsin Statutes 108.02
- Fund: means the unemployment reserve fund established in…. See Wisconsin Statutes 108.02
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Week: means calendar week, starting Sunday and ending Saturday; but, where an employee starts a working shift on a given Saturday, all of the employee's hours and pay for that shift shall be counted in the calendar week which includes that Saturday. See Wisconsin Statutes 108.02
(1) Assignment before payment. Except as provided in subs. (4) and (5) and s. 108.135, no claim for benefits under this chapter nor any interest in the fund is assignable before payment. This subsection does not affect the survival of such a claim or interest.
(2) Liability of claimant. Except as provided in subs. (4) and (5), no claim for benefits awarded, adjudged or paid or any interest in the fund may be taken on account of any liability incurred by the party entitled thereto. This subsection does not apply to liability incurred as the result of an overpayment of unemployment insurance benefits under the law of any state or the federal government.
(3) Death of claimant. If a claimant dies during or after a week of unemployment in which the claimant was otherwise eligible to receive benefits and for which benefits are payable, the department may designate any person who in its judgment should properly receive the benefits in lieu of the claimant. A receipt or an endorsement from the person so designated fully discharges the fund from liability for the benefits.
(4) Deductions for child support obligations.
108.13(4)(a) (a) As used in this subsection:
1. “Child support obligations” includes only those obligations which are being enforced pursuant to a plan described in 42 U.S. Code § 654 which has been approved by the U.S. secretary of health and human services under part D of title IV of the social security act or which is otherwise authorized by federal law.
2. “Legal process” has the meaning given under 42 U.S. Code § 659 (i) (5).
3. “State or local child support enforcement agency” means any agency of a state or political subdivision of a state operating pursuant to a plan described in subd. 1.
4. “Unemployment insurance” means any compensation payable under this chapter, including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
(b) A claimant filing a new claim for unemployment insurance shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations. If any such claimant discloses that he or she owes child support obligations and is determined to be eligible for unemployment insurance, the department of workforce development shall notify the local child support enforcement agency enforcing the obligations that the claimant has been determined to be eligible for unemployment insurance.
(c) The department shall deduct and withhold from any unemployment insurance payable to a claimant who owes child support obligations:
1. Any amount determined pursuant to an agreement under 42 U.S. Code § 654 (19) (B) (i) between the claimant and the state or local child support enforcement agency which is submitted to the department by the state or local child support enforcement agency;
2. Any amount required to be so deducted and withheld pursuant to legal process brought by the state or local child support enforcement agency; or
3. Any amount directed by the claimant to be deducted and withheld under this paragraph.
(d) Any amount deducted and withheld under par. (c) shall be paid by the department to the appropriate state or local child support enforcement agency.
(e) Any amount deducted and withheld under par. (c) shall, for all purposes, be treated as if it were paid to the claimant as unemployment insurance and paid by the claimant to the state or local child support enforcement agency in satisfaction of his or her child support obligations.
(f) This subsection applies only if appropriate arrangements are made for the local child support enforcement agency to reimburse the department for administrative costs incurred by the department that are attributable to the interception of unemployment insurance for child support obligations.
(5) Other deductions. The department may make a deduction from a claimant’s benefit payments for any purpose that is permitted by federal law.