State Unemployment Benefits in Vermont

Benefits at and after the death

Employment Security Board Rule 12 pays benefits that accrued and were due and payable but remain wholly or partially unpaid at the claimant's death, including issued but unpaid benefit checks, on application to the Department, to the duly qualified administrator or executor of the estate.¹

Who may claim a final payment

If the Commissioner is satisfied there is no executor, no administrator has been appointed, and in all probability none will be, Rule 12 lets the benefits be paid on application to the surviving spouse or next of kin.¹

Rule 12's order of preference is the surviving spouse or civil union partner, children, parents, brothers and sisters, then other relatives consistent with 14 V.S.A. § 314. The Commissioner is not bound to follow the order if it appears inequitable.¹

Documents for a final payment

Under Rule 12, anyone other than the estate's administrator or executor must make a written application to the Department, which may be supported by an affidavit.¹

Claimant portal

Claimants use the Department's claimant portal at labor.ui.vermont.gov/UI/Claimant.^{2, 3}

Governing law: Rules of the Vermont Employment Security Board, Rule 12 (Benefits Due Deceased Claimants)

1. 1.Rules of the Vermont Employment Security Board (amended, effective 10/01/2019), Rule 12, Benefits Due Deceased Claimants
2. 2.Unemployment Insurance (Vermont Department of Labor)
3. 3.UI Claimants (Vermont Department of Labor)