EXAMPLE
1: Paul alleges working for 12 months in covered employment in 1995 under the pension
system. The DEQY shows covered employment with the alleged employer and earnings of
$24,000 in 1995. The amount of an annual salary based on the Federal minimum wage
amount for 1995 is $8,840 ($4.25 × 40 hours × 52 weeks) for 1995. For Federal minimum
wage amounts see RS 01404.305.
Paul's earnings for 1995, $24,000, are 271 percent of the value of an annual salary
based on the Federal minimum wage ($24,000 ÷ $8,840 = 271%). Therefore, Paul would
receive 12 months of credit toward the 60-month requirement.
EXAMPLE
2: Paul also alleges working for the entire year in covered employment in 1998 under
the pension system. The DEQY shows covered employment with the alleged employer and
earnings of $9,000 in 1998. The amount of an annual salary based on the minimum wage
amount for 1998 is $10,712 ($5.15 × 40 hours × 52 weeks). Paul's earnings for 1998,
$9,000, are 84 percent of the value of an annual salary based on the minimum wage
amount ($9,000 ÷ $10,712 = 0.84). Therefore, Paul would receive 11 months of credit
for 1998 toward the 60-month requirement. However, if Paul had alleged six months
of covered employment in 1998 and the DEQY showed $9,000, Paul would receive only
6 months of credit for 1998 towards the 60 months requirement. Although the money
amount, $9,000, in this instance, could allow up to 11 months of credit, we would
use Paul's allegation of the number of months worked since no other evidence is available.