Reporting SUB Program payments on ESD weekly claims - conflicting advice

I went through something similar last year. SUB payments are indeed different from severance. Based on my research and experience, you don't need to report them on your weekly claims as they're specifically designed to supplement UI benefits without reducing them. Revenue Ruling 90-72 creates this special classification. Make sure your employer has properly registered their SUB program with ESD though. If they haven't, that might explain the confusion you're getting from different sources. I'd recommend calling ESD directly to verify your specific situation since WorkSource reps sometimes aren't familiar with these less common payment types.

DONT LISTEN TO THAT ADVICE!!! I had almost the EXACT same situation in 2023 and I DIDNT report my SUB payments because HR told me not to. 6 months later ESD hit me with a $4800 overpayment notice claiming I committed fraud!!! It took FOREVER to sort out and I had to prove I wasn't trying to deceive them. Always report EVERYTHING and let ESD decide whats countable!!!!

I worked as an unemployment navigator during the pandemic, and while SUB programs aren't common, they do have specific handling requirements. Revenue Ruling 90-72 does create an exception, but there are strict criteria that must be met: 1. The payments must be linked to the receipt of state unemployment benefits 2. The employer cannot provide the SUB payments in a lump sum 3. The program must be properly registered If all three conditions are met, then these payments should not reduce your UI benefits. However, you should still report them in the section where it asks about other income and specify they are "SUB Program" payments. This creates a record that you disclosed everything. I recommend getting written confirmation from your employer that their program meets all Revenue Ruling 90-72 requirements. This documentation will protect you if questions arise later.

Try using Claimyr to connect with ESD directly. I was stuck with a similar benefit reporting question and couldn't get through on the regular phone line for weeks. Used Claimyr (claimyr.com) and got connected to a tier 2 agent in about 20 minutes who gave me a definitive answer on my specific situation. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Way better than getting conflicting advice from WorkSource or risking an overpayment situation.

I went thru somethign kinda similar when i was laid off from Boeing. we had a different kind of supplemental payment but the key thing is DOCUMENT EVERYTHING!!! save every email with HR, write down names and dates when you talk to anybody at worksource or esd. the systems dont talk to eachother so YOUR responsible for proving what you did later if theres a problem

I would report the SUB payments just to be safe. I learned the hard way that when in doubt, it's better to over-report than under-report. ESD can always determine something isn't countable, but if you don't report it and they decide later it should have been reported, you're in trouble. Also, I recommend sending a secure message through your eServices account specifically asking about this situation. That way, you'll have written documentation of whatever guidance they provide. Make sure to reference the Revenue Ruling in your message so they understand exactly what you're asking about. In my experience, getting a definitive answer in writing from ESD is worth any temporary confusion or delay in processing.

Update: I managed to get through to ESD yesterday! The agent confirmed that properly structured SUB Program payments under Revenue Ruling 90-72 are NOT reportable as income for UI purposes in Washington State. However, she emphasized that the program must meet all the requirements: 1. Payments can't be in a lump sum 2. Payments must be linked to UI eligibility 3. The program must be properly registered with the state She advised me to get written confirmation from my employer that their program meets these criteria and to keep it for my records. She also noted this in my claim file. Thank you all for your help! For anyone else facing this situation, definitely try to get an official answer directly from ESD rather than relying on secondhand information.

Thanks for sharing your update! This is really helpful for others who might face the same situation. I'm glad you were able to get official confirmation from ESD directly - that's exactly what I would have recommended. Your experience highlights how important it is to get answers straight from the source rather than relying on conflicting information from different representatives. The fact that the agent noted it in your claim file is huge - that documentation could save you a lot of headaches if any questions come up during a future audit or review. For anyone else reading this thread, Anastasia's approach is the gold standard: get written confirmation from your employer about the program structure, get official guidance from ESD (preferably documented), and keep everything for your records. SUB programs are uncommon enough that not all reps will be familiar with them, so persistence in reaching the right person really pays off.