Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule provides for cooperation with
other states in the taking of inter-state claims under the Interstate Benefit
Payment Plan. This rule implements section
288.340,
RSMo.
(1) Definitions. 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;
(B) Benefits means the compensation payable
to an individual with respect to his/her unemployment under the unemployment
insurance law of any state;
(C)
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(s) in which benefit
credits have been accumulated;
(D)
Interstate claimant means an individual who files a claim for benefits pursuant
to the unemployment insurance law of a liable state through or from an agent
state and continues to claim benefits while absent from the liable state.
Interstate claimant does not include an individual who maintains a residence in
the agent state and who customarily commutes to work in a liable state unless
the Division of Employment Security finds that this exclusion would create
undue hardships;
(E) Liable state
means any state against which an individual files, through or from another
state, a claim for benefits; and
(F) Week of unemployment includes any week of
unemployment as defined in the law of the liable state from which benefits with
respect to that week are claimed.
(2) Registration for Work.
(A) Each interstate claimant shall register
for work through any public employment office in the agent state in the same
manner as an intrastate claimant in the agent state. This registration shall be
accepted as meeting the registration requirements of the liable state, unless
the liable state instructs the claimant to do otherwise.
(B) Each agent state shall duly report to the
liable state in question whether each interstate claimant has been instructed
to register for work with the public employment service.
(3) Benefit Rights of Interstate Claimants.
(A) If a claimant files a claim against any
state and it is determined by that state that the claimant has available
benefit credits in that state, then claims shall be filed only against that
state as long as benefit credits are available in that state. After that, the
claimant may file claims against any other state in which there are available
benefit credits.
(B) For the
purpose of this rule, benefit credits shall be deemed to be unavailable
whenever benefits have been-
1.
Exhausted;
2. Terminated;
3. Postponed for an indefinite period and the
individual has not subsequently satisfied the qualifying
requirements;
4. Postponed for the
entire period in which benefits would otherwise be payable; or
5. Affected by the application of a seasonal
restriction.
(4) Claim for Benefits. Claims for benefits
or waiting period filed by an interstate claimant shall be in accordance with
procedures developed pursuant to the Interstate Benefit Payment Plan and to the
liable state's rules governing claims for benefits and reporting.
(5) Providing Assistance to Interstate
Claimants.
(A) Each agent state, upon request
by an interstate claimant, shall assist the individual with the understanding
and filing of necessary notices and documents.
(B) The liable state shall provide interstate
claimants with access to information concerning the status of their claims
throughout the normal business day.
(6) Eligibility Review Program. The liable
state shall provide eligibility reviews for claimants pursuant to the
Interstate Benefit Payment Plan.
(7) Determination of Claims. The agent state,
in connection with each claim filed by an interstate claimant through the agent
state, shall ascertain and report to the liable state in question those facts
relating to the claimant's availability for work and eligibility for benefits
as are readily determinable in and by the agent state.
(8) Extension of Interstate Benefit Payments
to Include Claims Taken In and For Canada. This rule shall apply in all its
provisions to claims taken in and for Canada.
*Original authority: 288.220, RSMo 1951, amended 1955,
1961, 1963, 1967, 1971, 1995.
