8 AAC 85.110 - Payment of benefits to interstate claimant
(a) The
provisions of this section govern the division in administrative reciprocal
cooperation under
AS
23.20.085 with those other states that have
adopted a similar regulation for the payment of benefits to interstate
claimants. A claim filed against this state by an individual located in another
state must be filed according to the provisions of this section.
(b)
Registration for Work. An
interstate claimant shall register for work in the agent state as required by
the law, regulations, and procedures of the agent state. However, a union
member may satisfy this requirement by registering with the local union for the
area in which the member is living. Either registration will be accepted as
meeting the registration requirements of the liable state. Each agent state
shall duly report to the liable state whether or not an interstate claimant
meets the registration requirements of the agent state.
(c)
Benefit Rights of Interstate
Claimant. If a claimant files a claim against a state and it is
determined by the state that the claimant has benefit credits available in the
state, claims must be filed against that state, but only if benefit credits are
available in that state. Thereafter, the claimant may file claims against any
other state in which there are available benefit credits. For the purposes of
this subsection, benefit credits will be considered to be unavailable either
whenever benefits have been exhausted, terminated, or postponed for an
indefinite period or for the entire period in which benefits would otherwise be
payable. If a claimant files a claim and does not have sufficient benefit
credits for a regular base period, as defined in
AS
23.20.520, but has sufficient benefit credits
for a regular base period in another state the claimant must file with that
state.
(d)
Claim for
Benefits. Claims for benefits or for waiting-period must be filed by an
interstate claimant in accordance with the liable state's procedures. The
liable state will notify the agent state of each initial claim, reopened claim,
claim transferred to interstate status, and each week claimed filed from the
agent state using uniform procedures and record format under the interstate
benefit payment plan.
(e)
Determination of Claims. The agent state shall, in connection with
each claim filed by an interstate claimant, identify to the liable state any
potential issues relating to the claimant's availability for work and
eligibility for benefits detected by the agent state. The agent state's
responsibility and authority in connection with the determination of interstate
claims is limited to identification of potential issues and reporting relevant
facts pertaining to the claimant's failure to register for work or report for
reemployment assistance as required by the agent state.
(f)
Providing Assistance to Interstate
Claimant. An agent state, upon request by an interstate claimant, shall
assist the individual with the understanding and filing of necessary notices
and documents. The liable state shall provide interstate claimants with access
to information concerning the status of the claimant's claims throughout the
normal business day.
(g)
Eligibility Review Program. The liable state may schedule and
conduct eligibility review interviews for interstate claimants.
(h)
Appellate Procedure. The
liable state shall conduct hearings in connection with appealed interstate
benefit claims. The liable state may contact the agent state for assistance in
special circumstances. The agent state shall afford all reasonable cooperation
in the taking of evidence and the holding of hearings in connection with
appealed interstate benefit claims when requested by the liable state. For 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 will be considered to have been made and communicated to the liable
state on the date when it is received by a qualified officer of the agent
state.
(i)
Backdating an
Interstate Initial Claim at Agent State's Request. A interstate initial
claim may be backdated up to one calendar year at an agent state's request if
the liable state determines that it is liable and the agent state has
established good cause for the backdate.
(j) In this section,
(1) "agent state" means a state from or
through which an individual files a claim for benefits from another
state;
(2) "benefits" means the
compensation payable to an individual, with respect to the individual's
unemployment, under the unemployment insurance law of a state;
(3) "interstate benefit payment plan" means
the plan approved by the Interstate Conference of Employment Security Agencies
under which benefits are paid to unemployed individuals absent from a state in
which benefit credits have accumulated;
(4) "interstate claimant"
(A) means an individual who claims benefits
under the unemployment insurance laws of one or more liable states through the
facilities of an agent state or directly with the liable state;
(B) does not include an individual who
customarily commutes from a residence in an agent state to work in a liable
state unless the liable state finds that this exclusion would create an undue
hardship on the claimant;
(5) "liable state" means a state against
which an individual files, from or through another state, a claim for
benefits;
(6) "state" includes any
state of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, and Canada.
Notes
Authority:AS 23.20.045
AS 23.20.085
AS 23.20.330
AS 23.20.375
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