Current through Reg. 50, No. 13; March 28, 2025
(a) Scope. This section shall govern the
Texas Workforce Commission in its administrative cooperation with other states
subscribing to the Interstate Reciprocal Coverage Arrangement
(arrangement).
(b) Definitions. As
used in this section, the following words and terms shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Agency--Any officer, board, the Texas
Workforce Commission, or other authority charged with the administration of the
unemployment compensation law of a participating jurisdiction.
(2) Interested jurisdiction--Any
participating jurisdiction to which an election submitted under this section is
sent for its approval; and "interested agency" means the agency of that
jurisdiction.
(3) Jurisdiction--Any
state of the United States, the District of Columbia, Puerto Rico, the Virgin
Islands, or, with respect to the federal government the coverage of any federal
unemployment compensation law.
(4)
Participating jurisdiction--A jurisdiction whose administrative agency has
subscribed to the arrangement and whose adherence thereto has not
terminated.
(5) Services
"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 the services will continue to be performed in more than one jurisdiction;
or the 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 a form provided by the Texas Workforce Commission, to cover under the law of
a single participating jurisdiction all of the services performed for the
employing unit by any individual who customarily works for the employing unit
in more than one participating jurisdiction.
(2) The employing unit's 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 a residence; or
(C)
the employing unit maintains a place of business to which the individual's
services bear a reasonable relation.
(3) The agency of the elected jurisdiction
(thus selected and determined) shall initially approve or disapprove the
election.
(4) If the agency
approves the election, it shall forward a copy thereof to the agency of each
other participating jurisdiction named by the election under whose unemployment
compensation law the individual or individuals in question might, in the
absence of the election, be covered. Each interested agency shall promptly
approve or disapprove the election, and shall notify the agency of the elected
jurisdiction.
(5) In case its law
so requires, an interested agency may, before taking an 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
electing employing unit of its action and of its reason therefor.
(7) 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 that is approved shall take effect, as to any interested agency, only
if it is approved by the interested agency.
(9) In case an election approved only in
part, or disapproved by some of the interested agencies, the electing employing
unit may withdraw its election within 10 days after being notified of the
action.
(d) Effective
period of elections.
(1) Commencement.
(A) An election duly approved under this
section 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, the earlier date may be approved solely as to those interested
jurisdictions in which the employer had no liability to pay contributions for
the earlier period in question.
(2) Termination.
(A) The application of an election to any
individual under this section 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. The
termination shall be effective as of the close of the calendar quarter in which
notice of the finding is mailed to all parties affected.
(B) Except as provided in subparagraph (A) of
this paragraph, each election approved shall remain in effect through the close
of the calendar year in which it is submitted, and 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 hereunder ceases to
apply to any individual, under subparagraphs (A) or (B) of this paragraph, 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 a
form approved by the elected jurisdiction and shall furnish the elected agency
a copy of the notice.
(2) Whenever
an individual covered by an election hereunder is separated from employment,
the electing unit shall again notify the individual, forthwith, as to the
jurisdiction under whose unemployment compensation law the individual's
services have been covered. If at the time of termination the individual is not
located in the elected jurisdiction, the electing unit shall notify the
individual 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 the individual to perform services in a new participating
jurisdiction.
(f)
Approval of reciprocal coverage elections. The executive director, or the
executive director's designee, has the authority to approve or disapprove
reciprocal coverage elections in accordance with this section.