Iowa Admin. Code r. 871-24.29 - Payment of benefits to interstate claimants
(1) Section
96.20 of the employment security
law of Iowa authorizes the department to enter into reciprocal arrangements
with appropriate and duly authorized agencies of other states or of the federal
government, or both. In conformity with this section, the department of
workforce development prescribes:
a.
Applicability. This regulation shall govern the department in
its administrative cooperation with other states.
b.
Definitions. In addition
to terms defined in 17.1, the following definitions apply to this rule unless
the context clearly requires otherwise:
(1)
"Interstate benefit payment plan." The plan approved by the national
association of state workforce agencies under which benefits shall be payable
to unemployed individuals who do not reside in the state (or states) in which
benefit credits have been accumulated.
(2) "Interstate claimant ." This is an
individual who claims benefits under the unemployment insurance law of one or
more liable states. 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 department finds that this exclusion would create
undue hardship on such a claimant in a specified area.
(3) "State." This includes the District of
Columbia, Puerto Rico, the Virgin Islands and Canada.
c.
Registration for work.
(1) Each interstate claimant will be
registered for work as legally required by the agent state . This registration
will be deemed to meet the registration requirements of the liable
state .
(2) Each agent state will
report to the respective liable state whether each interstate claimant meets
the registration requirements of the agent state .
d.
Benefit rights of interstate
claimants.
(1) If a claimant files a
claim against any state, and it is determined that the claimant has available
benefit credits in that state, then claims will be filed only against that
state as long as benefit credits are available there. Thereafter, the claimant
may file claims against any other state having available benefit
credits.
(2) For the purposes of
this regulation, 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.
The department will respect the prior adjudication of a liable state if the
department is made aware of the decision and will apply the Iowa
requalification criteria, unless the claimant has requalified pursuant to the
liable state 's requalification criteria.
(3) The effective date of an interstate claim
is the Sunday of the week the claim was filed, unless proof is obtained from
another state that the claimant should have filed in Iowa.
e.
Claim for benefits.
Claims for benefits shall be filed by interstate claimants on uniform
interstate claim forms or by using the procedures provided by the liable state
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.
f.
Determination of claims.
(1)
In connection with each claim filed by an interstate claimant , the agent state
shall 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 .
(2) 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 unless the liable state has a procedure
for taking out-of-state claims.
g.
Appellate procedure.
(1) 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.
(2) 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 representative of the agent state .
(2) Extended benefits
interstate claims. When extended benefits are in effect and a claimant is
filing for extended benefits, an eligible individual shall be limited to a
maximum of two weeks of the extended benefit entitlement if the individual
moves from this state, before or during an extended benefit period triggered by
this state's "on" indicator, to another state in which an extended benefit
period is not in effect.
This rule is intended to implement Iowa Code sections 96.6(1) and 96.29(3).
Notes
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(1) Whenever an employer at a factory, establishment, or other premises goes out of business at which the individual was last employed and is laid off, the individual's account is credited with one-half, instead of one-third, of the wages for insured work paid to the individual during the individual's base period , which may increase the maximum benefit amount up to 26 times the weekly benefit amount or one-half of the total base period wages , whichever is less. This rule also applies retroactively for monetary redetermination purposes during the current benefit year of the individual who is temporarily laid off with the expectation of returning to work once the temporary or seasonal factors have been eliminated and is prevented from returning to work because of the going out of business of the employer within the same benefit year of the individual. This rule also applies to an individual who works in temporary employment between the layoff from the business closing employer and the claim for benefits . For the purposes of this rule, temporary employment means employment of a duration not to exceed four weeks.
(2) Going out of business means any factory, establishment, or other premises of an employer which closes its door and ceases to function as a business; however, an employer is not considered to have gone out of business at the factory, establishment, or other premises in any case in which the employer sells or otherwise transfers the business to another employer, and the successor employer continues to operate the business.
(3) Verification of going out of business. When the unemployment insurance representative is informed by the individual or has knowledge of an employer going out of business at a factory, establishment, or other premises, the unemployment insurance representative completes a Form 60-0240, Verification of Business Closing, and refers Form 60-0240 to the field audit section for assignment to a field auditor who verifies the business closing. A Form 62-2056, Review of Business Status for Closing Credits, is completed for each succeeding claimant who requests to be included in a redetermination for business closing credits. This form is added to the Form 60-0240 already in the department file for the appropriate pending investigation. Upon return of the Form 60-0240 from the field audit section, an unemployment insurance representative will issue the appropriate decisions to all claimants who requested that their unemployment insurance claim be redetermined as a business closing based on the results of the investigation.