Conditions of Eligibility for Unemployment Benefits in Nevada

CONDITIONS OF ELIGIBILITY FOR BENEFITS
NRS 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:

Must Be Registered For Work:
(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.

The Person Mus Be Able To Work:
(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.
 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.

Reimbursement of Benefits Paid Back If Back Pay Awarded for the Same Period?

NRS 612.371  Reimbursement of benefits paid if back pay awarded for same period.
1.  Any person who has been awarded back pay because the person was unlawfully discharged is liable for the amount of the benefits paid to him or her during the period for which the back pay was awarded, without regard to the length of time that has passed since the benefits were paid. The employer’s reserve account must be credited, effective as of the date the benefits were paid, with the amount of those benefits. Before an employer pays the employee, the employer shall ascertain the amount of the benefits received by the person during the period for which back pay was awarded and shall withhold that amount from the payment of back pay. The employer shall deliver the amount withheld to the Division.
2.  The Administrator may recover from the person liable, the amount due within 3 years after the payment of back pay, if the employer does not withhold it, by using the method of collection provided in NRS 612.625 to 612.645, inclusive, or by deducting the amount due from any benefits payable to the person liable for repayment.
3.  The Administrator may waive recovery or adjustment of all or part of the amount due which the Administrator finds to be uncollectible or the recovery or adjustment of which the Administrator finds to be administratively impracticable.
4.  Any person who is liable pursuant to this section may appeal the repayment within 11 days after the award of back pay. The appeal must be made in the manner provided in this chapter for the appeals from determinations of benefit status. The 11-day period provided for in this subsection may be extended by the Administrator for good cause.

Nevada Laws About Overpayments and Recovery?

NRS 612.365  Overpayments and recovery.
1.  Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:
(a) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and
(b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the Administrator.
2.  The amount of the overpayment must be assessed to the liable person, and the person must be notified of the basis of the assessment. The notice must specify the amount for which the person is liable. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the assessment must be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.
3.  At any time within 5 years after the notice of overpayment, the Administrator may recover the amount of the overpayment by using the same methods of collection provided in NRS 612.625 to 612.645, inclusive, 612.685 and 612.686 for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable to the liable person under this chapter. If the overpayment is due to fraud, misrepresentation or willful nondisclosure, the Administrator may recover any amounts due in accordance with the provisions of NRS 612.7102 to 612.7116, inclusive.
4.  The Administrator may waive recovery or adjustment of all or part of the amount of any such overpayment which the Administrator finds to be uncollectible or the recovery or adjustment of which the Administrator finds to be administratively impracticable.
5.  To the extent allowed pursuant to federal law, the Administrator may assess any administrative fee prescribed by an applicable agency of the United States regarding the recovery of such overpayments.
6.  Any person against whom liability is determined under this section may appeal therefrom within 11 days after the date the notice provided for in this section was mailed to, or served upon, the person. An appeal must be made and conducted in the manner provided in this chapter for the appeals from determinations of benefit status. The 11-day period provided for in this subsection may be extended for good cause shown.

What is the duration of unemployment benefits in Nevada?

NRS 612.355  Duration of benefits.
1.  Any otherwise eligible person is entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of:
(a) Twenty-six times the person’s weekly benefit amount; or
(b) One-third of the person’s total wages for employment by employers during the person’s base period,
 computed to the next lower multiple of $1.
2.  For the purpose of this section and of paragraph (d) of subsection 1 of NRS 612.375, wages are counted as “wages for employment by employers” for the benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employer from whom those wages were earned has satisfied the conditions of NRS 612.055, 612.121 or 612.565 to 612.580, inclusive, with respect to becoming an employer.
NRS 612.357  Deduction and withholding of federal individual income tax.  Upon the request of a person entitled to receive benefits pursuant to this chapter, the Administrator shall deduct and withhold federal individual income tax from such benefits.
NRS 612.360  Benefits due deceased or incompetent person. Benefits due a deceased or legally declared incompetent person may be paid to such person or persons as appear to the Administrator to be legally entitled thereto in accordance with authorized regulations. A payment must be paid on an affidavit executed by the person or persons claiming to be entitled to the benefits, and the receipt of the affidavit or affidavits fully discharges the Administrator from any further liability with reference to the payment without the necessity of inquiring into the truth of any of the facts stated in the affidavit.

What Shall Be Amount of Weekly Benefits Under Nevada Unemployment Laws

NRS 612.340  Amount of weekly benefit.
1.  A person’s weekly benefit amount is an amount equal to one twenty-fifth of the person’s total wages for employment by employers during the quarter of the person’s base period in which the total wages were highest, but not less than $16 per week, nor more than the maximum weekly benefit amount determined as follows: On or before the first day of July of each year, the total wages reported for the preceding calendar year by employers subject to the provisions of this chapter must be divided by the average of the 12 midmonth totals of all workers in employment for employers as reported in that year. The average annual wage thus obtained must be divided by 52 and the average weekly wage thus determined must be rounded to the nearest cent. Fifty percent of that average weekly wage, rounded to the nearest lower multiple of $1, if not a multiple of $1, constitutes the maximum weekly benefit amount. In making this calculation, any tips which were included in reported wages must be excluded.
2.  The maximum weekly benefit amount as determined on or before July 1 of each year must be paid to persons whose benefit year commences on or after July 1 of that year and before July 1 of the following year.

What Wages Means Under Nevada Unemployment Laws?

What Wages Means?
NRS 612.190  “Wages” defined.
1.  “Wages” means:
(a) All remuneration paid for personal services, including commissions and bonuses and the cash value of all remuneration payable in any medium other than cash; and
(b) Income from tips reported by an employee to his or her employer pursuant to 26 U.S.C. § 6053(a). For the purposes of determining income from tips:
(1) Such reports may not be amended.
(2) Tips reported after the 10th day of the month following the calendar month in which they were received may not be included or used in any claim for benefits.
2.  The reasonable cash value of remuneration payable in any medium other than cash must be estimated and determined in accordance with regulations adopted by the Administrator. To determine insured status only, back pay awards must be allocated to the quarters with respect to which they were paid.
3.  “Wages” does not include:
(a) The amount of any payment made, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment, to or on behalf of a person or any dependents of the person under a plan or system established by an employing unit which makes provision generally for persons performing service for it, or for those persons generally and their dependents, or for a class or classes of those persons, or for a class or classes of those persons and their dependents, on account of:
(1) Retirement;
(2) Sickness or accident disability;
(3) Medical or hospitalization expenses in connection with sickness or accident disability; or
(4) Death.
(b) The amount of any payment made by an employing unit to a person performing service for it, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment, on account of retirement.
(c) The amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability by an employing unit to or on behalf of a person performing services for it after the expiration of 6 calendar months following the last calendar month in which the person performed services for the employing unit.
(d) The amount of any payment made by an employing unit to or on behalf of a person performing services for it or a beneficiary of the person:
(1) From or to a trust described in Section 401(a) which is exempt from tax under Section 501(a) of the Internal Revenue Code of 1954 at the time of the payment unless the payment is made to a person performing services for the trust as remuneration for such services and not as a beneficiary of the trust; or
(2) Under or to an annuity plan which, at the time of the payment, meets the requirements of Section 401(a)(3), (4), (5) and (6) of the Internal Revenue Code of 1954.
(e) The payment by an employing unit, without deduction from the remuneration of the person in its employ, of the tax imposed upon a person in its employ, under Section 3101 of the Internal Revenue Code of 1954 with respect to services performed for the employing unit.
(f) Remuneration paid in any medium other than cash to any person who performs agricultural labor or to a person for service not in the course of the employing unit’s trade or business.
(g) The amount of any payment, other than vacation or sick pay, made to a person after the month in which the person attains the age of 65, if the person did not perform services for the employing unit in the period for which the payment is made.