Current through Register Vol. 50, No. 9, September 20, 2024
A. The following regulations, adopted under
R.S.
23:1665 of the Louisiana Employment Security
Law, shall govern Louisiana Workforce Commission in its administrative
cooperation with other states subscribing to the interstate reciprocal coverage
arrangement, herein referred to as the arrangement.
B. Definitions, as used in this regulation,
unless the context clearly indicates otherwise.
Agency-any officer, board, commission or
other authority charged with the administration of the unemployment
compensation law of the participating jurisdiction.
Interested Jurisdiction-any participating
jurisdiction to which an election submitted under this regulation is sent for
its approval; and
a.
interested agency-the agency of such jurisdiction.
Jurisdiction-any state of the United
States, the District of Columbia, Canada, or with respect to the federal
government, the coverage of any federal unemployment compensation law.
Participating Jurisdiction-a jurisdiction
whose administrative agency has subscribed to the arrangement and whose
adherence thereto has not terminated.
Service Customarily Performed by an Individual in
More than One Jurisdiction-services performed in more than one
jurisdiction during a reasonable period, if the nature of the services gives
reasonable assurance that they will continue to be performed in more than one
jurisdiction or if such services are required or expected to be performed in
more than one jurisdiction under the election.
C. Submission and Approval of Coverage
Elections under the Interstate Reciprocal Coverage Arrangement
1. Any employing unit may file an election,
on Form RC-1, to cover under the law of a single participating jurisdiction all
of the services performed for him by any individual who customarily works for
him in more than one participating jurisdiction.
2. Such an election may be filed, with
respect to an individual, with any participating jurisdiction in which:
a. any part of the individual's services are
performed;
b. the individual has
his residence; or
c. the employing
unit maintains a place of business to which individual's services bear a
reasonable election.
3.
The agency of the elected jurisdiction (thus selected and determined) shall
initially approve or disapprove the election.
4. If such agency approves the election, it
shall forward a copy thereof to the agency of each participating jurisdiction
specified thereon, under whose unemployment compensation law the individual or
individuals in question might, in the absence of such election, be covered.
Each such interested agency shall approve or disapprove the election as
promptly as practicable and shall notify the agency of the elected jurisdiction
accordingly.
5. In case its law so
requires, any such interested agency may, before taking such action, require
from the electing employing unit satisfactory evidence that the affected
employees have been notified of, and have acquiesced in, the
election.
6. If the agency of the
elected jurisdiction, or the agency of any interested jurisdiction, disapproves
the election, the disapproving agency shall notify the elected jurisdiction and
the elected employing unit of its action and of its reasons therefor.
7. Such an election shall take effect as to
the elected jurisdiction only if approved by its agency and by one or more
interested agencies.
8. An election
thus approved shall take effect, as to the interested agency, only if it is
approved by such agency.
9. In case
any such election is approved only in part, or is disapproved by some of such
agencies, the electing employing unit may withdraw its election within 10 days
after being notified of such action.
D. Effective Period of Elections
1. Commencement
a. An election duly approved under this
regulation shall become effective at the beginning of the calendar quarter in
which the election was submitted, unless the election, as approved, specifies
the beginning of a different calendar quarter.
b. If the electing unit requests an earlier
effective date than the beginning of the calendar quarter in which the election
is submitted, such earlier date may be approved solely as to those interested
jurisdictions in which the employer has no liability to pay contributions for
the earlier period in question.
2. Termination
a. The application of an election to any
individual under this regulation shall terminate, if the agency of the elected
jurisdiction finds that the nature of the services customarily performed by the
individual for the electing unit has changed, so that they are no longer
customarily performed in more than one participating jurisdiction. Such
termination shall be effective as of the close of the calendar quarter in which
notice of such finding is mailed to all parties affected.
b. Except as provided in
§343.
D.2 a, each election approved hereunder shall
remain in effect through the close of the calendar year in which it is
submitted, and thereafter until the close of the calendar quarter in which the
electing unit gives written notice of its termination to all affected
agencies.
c. Whenever an election
under this regulation ceases to apply to any individual under
§343.
D.2.a or b, the electing unit shall notify
the affected individual accordingly.
E. Reports and Notices by the Electing Unit
1. The electing unit shall promptly notify
each individual affected by its approved election, on the Form RC-2 supplied by
the elected jurisdiction, and shall furnish the elected agency a copy of such
notice.
2. Whenever an individual
covered by an election under this regulation is separated from his employment,
the electing unit shall again notify him, forthwith, as to the jurisdiction
under whose unemployment compensation law his services have been covered. If at
the time of termination the individual is not located in the election
jurisdiction, the electing unit shall notify him as to the procedure for filing
interstate benefit claims.
3. The
electing unit shall immediately report to the elected jurisdiction any change
which occurs in the conditions of employment pertinent to its election, such as
cases where an individual's services for the employer cease to be customarily
performed in more than one participating jurisdiction or where a change in the
work assigned to an individual requires him to perform services in a new
participating jurisdiction.
F. Approval of Reciprocal Coverage Elections.
The Louisiana Workforce Commission hereby delegates to its administrator
authority to approve or disapprove reciprocal coverage election in accordance
with this regulation.
G.
Contributions paid in another state shall not be credited to those
contributions which are otherwise due and payable in the state of
Louisiana.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
23:1471-1713.
