Current through Register 1518, March 29, 2024
430 CMR 4.05 governs the Massachusetts Division of Unemployment
Assistance in its administrative cooperation with other States adopting a
similar regulation for the payment of benefits to interstate claimants.
(1)
Definitions. As
used in 430 CMR, unless the context clearly requires otherwise:
Agent State means any State in which
an individual files a claim for benefits from another State.
Benefits means the compensation payable to an
individual with respect to his unemployment, under the unemployment insurance
law of any State.
Liable State means any State against
which an individual files, through another State, a claim for benefits.
Interstate Benefit Payment Plan means
the plan approved by the Interstate Conference of Employment Security Agencies
under which benefits shall be payable to unemployed individuals absent from the
State (or States) in which benefit credits have been accumulated.
Interstate Claimant means an
individual who claims benefits under the unemployment insurance law of one or
more liable States through the facilities of an agent State. The term
"interstate claimant" shall not include any commuter provided, however, that
the Massachusetts Division of Unemployment Assistance may, by arrangement with
any adjoining State employment security agency, treat certain commuters as
interstate claimants if they reside in geographical areas from which the
Massachusetts Division of Unemployment Assistance finds that requiring
commuters to file their benefit claims in the State of their last employment
would cause undue hardship to such claimants. The term "commuter" applies to
each individual who, before becoming unemployed, customarily commuted from
his/her residence in the agent State to his work in the liable State.
State includes the District of Columbia and Puerto
Rico.
Week of Unemployment includes any week
of unemployment as defined in the law of the liable State from which benefits
with respect to such week are claimed.
(2)
Registration for
Work.
(a) Each interstate
claimant shall be registered for work, through any public employment office in
the agent State when and as required by the law, regulations and procedures of
the agent State. Such registration shall be accepted as meeting the
registration requirements of the liable State.
(b) Each agent State shall duly report, to
the liable State in question, whether each interstate claimant meets the
registration requirements of the agent State.
(3)
Benefit Rights of Interstate
Claimants.
(a) A claimant may
file a claim against any State in which he has earned wages, and if it is
determined by such State that the claimant has available benefit credits in
such State, then claims shall be filed only against such State as long as
benefit credits are available in that State. Thereafter, the claimant may file
claims against any other State in which he has earned wages. For the purposes
of
430 CMR
4.00, benefit credits shall be deemed to be
unavailable whenever benefits have been exhausted, terminated, or postponed for
an indefinite period or for the entire period in which benefits would otherwise
be payable, or whenever benefits are affected by the application of a seasonal
restriction.
(b) The benefit rights
of interstate claimants established by
430 CMR
4.00 shall apply only with respect to new claims
(notices of unemployment) filed on or after July 5, 1953.
(4)
Claims for
Benefits.
(a) Claims for
benefits or waiting period shall be filed by interstate claimants on uniform
interstate claim forms and in accordance with uniform procedures developed
pursuant to the Interstate Benefit Payment Plan. Claims shall be filed in
accordance with the type of week in use in the agent State. Any adjustments
required to fit the type of week used by the liable State shall be made by the
liable State on the basis of consecutive claims filed.
(b) Claims shall be filed in local employment
offices, or by mail in accordance with agent State regulations by interstate
claims, or in accordance with the schedule provided by itinerant service.
1. With respect to claims for weeks of
unemployment in which an individual was not working for his regular employer,
the liable State shall, under circumstances which it considers good cause,
accept a continued claim filed up to one week, or one reporting period, late.
If a claimant files more than one reporting period late, an initial claim must
be used to begin a claim series and no continued claim for a past period shall
be accepted.
2. With respect to
weeks of unemployment during which an individual is attached to his/her regular
employer, the liable State shall accept any claim which is filed within the
time applicable to such claims under the law of the agent State.
(5)
Determination of Claims.
(a) The agent State shall, in connection with
each claim filed by an interstate claimant, ascertain and report to the liable
State in question such facts relating to the claimant's availability for work
and eligibility for benefits as are readily determinable in and by the agent
State.
(b) The agent State's
responsibility and authority in connection with the determination of interstate
claims shall be limited to investigation and reporting of relevant facts. The
agent State shall not refuse to take an interstate claim.
(6)
Appellate
Procedure.
(a) The agent State
shall afford all reasonable cooperation in the taking of evidence and the
holding of hearings in connection with appealed interstate benefits
claims.
(b) With respect to the
time limits imposed by the law of a liable State upon the filing of an appeal
in connection with a disputed benefit claim, an appeal made by an interstate
claimant shall be deemed to have been made and communicated to the liable State
on the date when it is received by any qualified officer of the agent
State.
(7)
Extension of Interstate Benefit Payments to Include Claims Taken in
and for Canada.
430 CMR
4.00 shall apply in all its provisions to claims taken
in and for Canada.
