Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I live in New York state. My situation is as follows:
1st quarter wages: $1900
2nd quarter wages: $1750
3rd quarter wages: $3400
4th quarter wages $3500 ( high quarter)
Total base period wages:$10,550
Alternate quarter: $8900
Now based on this, my weekly benefit rate is about $140 per week. I would like to use my alternate quarter to increase my rate. I read in the claimant book where, in order to qualify for benefits, your wages in the other base period quarters must be 1.5 X your highest quarter. I meet this threshold for the base period, but not the alternate quarter. However, I cannot find specific language that states your base period earnings must equal 1.5X your alternate quarter. So my question is, does the "1.5X rule" apply only when you use the regular base period/high quarter formula, or does it also apply when you use the alternate quarter?
Find that language on 1.5x high quarter and post it here.
To my knowledge the only time 1.5x high quarter becomes relevant is when qualifying for federal EUC benefits, not a new state claim. In other words, total base wages for the claim must total at least 1.5x your high quarter to qualify for federal Emergency Unemployment Compensation benefits.
Have the rep do your calculation both ways. If the alternate method is better for you, in NYS you can file a formal request with NYS to use an alternate base period if your benefit will improve.
Thank you so much for your response. I will paste the section I'm referring to below, and I will bold the portion about 1.5 X and the part about using alternate quarter for higher rate (but no mention of the 1.5 x rule, which is the source of my confusion). Again, thank you so much for your help.
Qualifying for Benefits
To qualify for benefits:
1. You must have worked and been paid wages for employment in at least two calendar quarters in your base period,
AND
You must have been paid at least $1600 in wages in one of the calendar quarters in your base period
AND
The total wages paid to you in your base period must be one and one-half times your high quarter wages. Exception: if your high quarter wages equal $8910 or more, your earnings in the other base period quarters must total at least one-half of $8910, or $4455.
2. If you meet the requirements in the Basic base period, the Basic base period will be used to establish your claim.
3. If you do not meet the requirements in the Basic base period, it will be determined if you qualify using the Alternate base period. If you qualify using the Alternate base period, that base period will be used to establish your claim.
4. If you qualify under the Basic base period, but you think using the Alternate base period would result in a higher benefit rate, you may apply within 10 days from the date of the initial monetary notice to have your rate recalculated using the Alternate base period. See page 4.
Note: Before applying to use the Alternate base period, you should be aware that once wages are used to establish a claim, they cannot be used to establish a subsequent claim. Once you choose to use the wages in the most recent completed calendar quarter, you cannot use these wages again. This may affect your entitlement to a subsequent claim.
On a side note, and now that I think about it, doesn't the $8910 exemption seem illogical? So, if my earnings are $8910in my highest quarter, the base period only has to total $4455, but if I made slightly less than that at $8900, I have to have made over $13,000 in my base period to qualify?
Ariadne22, your last response brings me to my next question. During my first 4 quarters listed above,I worked as a server (2 + years I worked at this job). Long story short, when we had a new computer system put in, we were told that our credit card tips were automatically claimed, and we need only claim the remaining cash tips at the end of our shift. It was months later that we learned the system DID NOT automatically claim charged tips, and that we had to start manually entering them. I started doing this, but did not retroactively claim any tips (you can see the change from my 1&2 quarters to my 3&4th ones). Now, if this 1.5 rule applies to the alternate quarter, is there a way for me to report that additional income now to dept of labor so I can meet th 1.5 x threshold? I kept a record of how much I made each night serving to stay on budget...would they accept that as "proof" of wages?
I don't understand your problem. Why does it matter if your tips aren't included? Aren't the wages you listed in your first post official wages?
If we exclude one quarter and substitute the high quarter of $8,900, you meet the threshold of 1.5x $8900 = $13,350
Wages used would be:
$08,900 - High Quarter - when do these wages appear in your work history - current qtr?
$04,500 - 4th Quarter
$03,400 - 3rd Quarter
$01,750 - 2nd Quarter $18,550 - Total Wages
NY will use either standard base period excluding two quarters - quarter in which you file and quarter preceding that - or
ABP - include the wages for the quarter in which you file and the other three most recently completed calendar quarters.
If $8,900 is your current quarter, those wages can be included and you still meet the 1.5x total threshold.
Last edited by Ariadne22; 11-26-2012 at 02:57 PM..
Oh, I see. Yes, my wages for the current July, Aug, Sept quarter are $8900. When calculating the 1.5, I was excluding the high quarter in the "total". I thOught I'd need to claim the extra money to help make up the difference. I understand what you are saying now.
I appreciate your knowledge and willingness to share it. Thanks again.
Madison, I have a similar question. I will earn $141/week in my base period, or $242/week in my alternate base period. Were you able to fill out the form and receive your estimate based on your alternate base period rather than your regular base period? I wonder if they ever deny that. In six more weeks I will be able to apply and the base period will include my current alternate, though it would be better to apply earlier, I've heard. Thanks!
I have a question, I requested to use my alternate quarter since it was higher than my previous high quarter and the lowered my benefit rate to $148. My previous high quarter was $5295.21 and this was what they were using to calculate my rate of $203. My alternate quarter was $7301.59.
I have a question, I requested to use my alternate quarter since it was higher than my previous high quarter and the lowered my benefit rate to $148. My previous high quarter was $5295.21 and this was what they were using to calculate my rate of $203. My alternate quarter was $7301.59.
When did you file for unemployment?
When did you earn high quarter $7,301.59?
Filing in December your base periods are:
Basic: July 2012-June 2013
Alternate: October 2012-September 2013
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
