Michigan Administrative Code
Department - Labor and Economic Opportunity
Unemployment Insurance Agency
Employment Security
Part 3 - CLAIMS
Section R. 421.243 - Payment of benefits to interstate claimants
Universal Citation: MI Admin Code R. 421.243
Current through Vol. 24-16, September 15, 2024
Rule 243.
(1) This rule shall govern the Michigan employment security commission in its administrative cooperation with other states and the Dominion of Canada for the payment of benefits to interstate claimants.
(2) As used in this rule, unless the context clearly requires otherwise:
(a) "Agent state"
means any state in which an individual files a claim for benefits against
another state or states.
(b)
"Benefits" means the compensation payable to an individual with respect to his
unemployment under the unemployment insurance law of any state.
(c) "Interstate benefit payment plan" means
the plan under which benefits are payable to unemployed individuals absent from
the state or states in which benefit credits have been accumulated.
(d) "Interstate claimant" means an individual
who claims benefits under the unemployment insurance law of 1 or more liable
states through the facilities of an agent state. The term "interstate claimant"
shall not include any individual who customarily commutes from a residence in
an agent state to work in a liable state, unless the Michigan employment
security commission finds that this exclusion would create undue hardship on
such claimants in specified areas.
(e) "Liable state" means any state or states
against which an individual files a claim for benefits through another
state.
(f) "State" includes any
state as defined in the Michigan employment security act.
(g) "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.
(3) With respect to the benefit rights of interstate claimants, all of the following shall apply:
(a) If a claimant files a claim against any
state, and 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 there are available
benefit credits.
(b) For the
purposes of this rule, 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.
(c) The benefit rights
of interstate claimants established by this rule shall apply only with respect
to new claims (notices of unemployment) filed on or after the effective date of
this rule.
(4) Michigan, as agent state, shall do all of the following:
(a) Shall not refuse to take an interstate
claim.
(b) Shall take claims for
interstate claimants on uniform interstate forms and in accordance with uniform
procedures developed pursuant to the interstate benefit payment plan.
(c) Shall take claims for interstate
claimants in conformity with the requirements of subrule (3) of this
rule.
(d) Shall take claims for
interstate claimants pursuant to the reporting requirements and type of week in
use in Michigan.
(e) Shall register
for work an interstate claimant pursuant to Michigan registration requirements
and shall report such registration to the liable state.
(f) Shall, in connection with each claim
filed by an interstate claimant, ascertain and report to the liable state in
question such facts related to the claimant's availability for work and
eligibility for benefits as are readily determinable in and by the state of
Michigan.
(g) Shall limit its
responsibility and authority in connection with the determination of interstate
claims to investigation and reporting of relevant facts.
(h) Shall afford all reasonable cooperation
in the filing of appeals, taking of evidence, and the holding of hearings in
connection with appealed interstate claims.
(5) Michigan, as liable state, shall do all of the following:
(a) Shall accept interstate
claims when filed on uniform interstate claim forms and in accordance with
uniform procedures adopted pursuant to the interstate benefit payment
plan.
(b) Shall accept interstate
claims as meeting Michigan's reporting requirements when filed pursuant to the
reporting requirements of an agent state.
(c) Shall accept interstate claims when filed
in conformity with the requirements of subrule (3) of this rule.
(d) Shall deem the registration for work of
any interstate claimant as meeting Michigan registration requirements when such
registration has been made through a public employment office in an agent state
when and as required by the law, rules, and the procedures of the agent
state.
(e) Shall accept interstate
claims filed in accordance with the type of week in use in the agent state and
shall make required adjustments to fit such claims to the type of week used in
Michigan on the basis of consecutive claims filed.
(f) Shall determine whether an interstate
claimant filing against Michigan is eligible and qualified under the provisions
of the Michigan act.
(g) Shall
accept an appeal of an interstate claimant. However, with respect to the time
limits imposed by the Michigan act upon the filing of an appeal in connection
with a disputed claim, an appeal made by an interstate claimant shall be deemed
to have been made and communicated to Michigan on the date it is received by a
qualified officer of an agent state. Further, when an appeal is filed by means
of a written communication from a claimant directly to Michigan, the date such
communication is received at any office of the commission shall be deemed to be
the filing date.
(6) All of the provisions of this rule shall apply to the taking of claims in and for Canada pursuant to the provisions of the agreement, as amended, between Canada and the United States of America respecting unemployment insurance.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
