An eligible individual who is totally unemployed throughout a week, which shall be, at the discretion of the administrator, either a calendar week or a payroll week of seven consecutive days as determined by the administrator, shall be paid, with respect to such week, an amount equal to his total unemployment benefit rate for the benefit year during which such week of unemployment occurs. An individual shall be deemed to be totally unemployed throughout a week if he has performed during that week no services for which remuneration of any nature is payable, except service performed in the employ of any town, city or other political subdivision, which service is performed in lieu of payment of any delinquent tax payable to such town, city or other political subdivision and for which no other remuneration is payable and has not engaged in any self-employment.
(1949 Rev., S. 7501; P.A. 78-307, S. 1.)
History: P.A. 78-307 added exception for service performed in employ of towns, cities, etc. in lieu of payment of delinquent tax.
Cited. 136 C. 485. Plaintiff held unemployed during period of shutdown beyond one-week vacation to which he was entitled. 138 C. 253. Cited. 161 C. 362; 175 C. 269. Section contemplates an employer-employee relationship; in order to be considered “totally unemployed”, one must first be “unemployed”. 245 C. 744.
Section does not apply to holiday pay. 15 CS 501.
Notes of Decisions
Shawmut Mortg. Co. v. Wheat, 717 A.2d 664 (Conn. 1998).
· cites it 10× “The defendant also argues that General Statutes § 31-228, 8 contained within the unemployment act, defines unemployment in such a way so as to include persons in her circumstances.”
Wendt v. Wendt, 757 A.2d 1225 (Conn. App. Ct. 2000).
· cites it 2× “, the defendant challenged General Statutes § 31-228, which provides for foreclosure protection for unemployed persons, but not to individuals who have never been in an employee-employer relationship.”
Cicala v. Adm'r, Unemployment Comp. Act, 288 A.2d 66 (Conn. 1971).
“The commissioner concluded that the plaintiff was disqualified from receiving benefits under the provisions of §31-228 because he received remuneration from Toroid and was actually self-employed.”
Krupp v. Adm'r, Unemployment Comp. Act, 397 A.2d 1360 (Conn. 1978).
· cites it 2× “A remand to the chief appeals referee will be required for the limited purpose of determining the benefits due to the plaintiff for each week of total or partial unemployment pursuant to the provisions of General Statutes §§ 31-228 and 33-229. *279 There is error, the judgment…”
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