612.375 - General conditions; reductions in benefits.
612.375 General conditions; reductions in benefits.
1. Except as otherwise provided in subsection 2 of NRS 612.3774, an unemployed person is eligible to receive benefits with respect to any week only if the Administrator finds that:
(a) The person has registered for work at, and thereafter has continued to report at, an office of the Division in such a manner as the Administrator prescribes, except that the Administrator may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which the Administrator finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.
(b) The person has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
(c) The person is able to work, and is available for work, but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if the failure is because of an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which the person is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the Administrator by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
(d) The person has within his or her base period been paid wages from employers:
(1) Equal to or exceeding 1 1/2 times the person’s total wages for employment by employers during the quarter of the person’s base period in which the person’s total wages were highest; or
(2) In each of at least three of the four quarters in the person’s base period.
Ê If a person fails to qualify for a weekly benefit amount of one twenty-fifth of the person’s high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his or her high-quarter wages, the person’s weekly benefit amount must be $1 less than one twenty-fifth of his or her high-quarter wages. No person may receive benefits in a benefit year unless, after the beginning of the next preceding benefit year during which the person received benefits, he or she performed service, whether or not in “employment” as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his or her basic weekly benefit amount as determined for the next preceding benefit year.
2. In addition to fulfilling the requirements set forth in subsection 1, an unemployed person who has been determined to be likely to exhaust his or her regular benefits and to need services to assist in his or her reemployment, pursuant to the system of profiling established by the Administrator pursuant to 42 U.S.C. § 503, is eligible to receive benefits with respect to any week only if the person participates in those services to assist in his or her reemployment, unless the Administrator determines that:
(a) The unemployed person has completed his or her participation in those services; or
(b) There is a justifiable cause for the person’s failure to participate in those services.
3. For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection 4, the amount payable to the claimant under a plan maintained by a base-period employer or an employer whose account is chargeable with benefit payments must:
(a) Not be reduced by the amount of the pension or other payment if the claimant made any contribution to the pension or retirement plan; or
(b) Be reduced by the entire proportionate weekly amount of the pension or other payment if the employer contributed the entire amount to the pension or retirement plan.
4. The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 3 if the services performed by the claimant during the base period, or the compensation the claimant received for those services, from that employer did not affect the claimant’s eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974, or the corresponding provisions of prior law, which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 3.
5. As used in this section, “regular benefits” has the meaning ascribed to it in NRS 612.377.
[4:129:1937; A 1939, 115; 1941, 412; 1945, 299; 1947, 413; 1949, 277; 1951, 339; 1955, 698]—(NRS A 1965, 107; 1971, 751, 1359; 1973, 1358; 1975, 999; 1977, 898; 1981, 688; 1985, 160; 1989, 1245, 2126; 1991, 145; 1993, 536, 1819; 1995, 62, 579)