7 CCR 1101-2-13.1 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS
13.1.1
Statutory References: 8-72-109 and 8-72-110, C.R.S.
13.1.2
Cooperation With Other
States. This section of the regulations shall govern the division in its
administrative cooperation with other states that adopt similar regulations for
the payment of benefits to interstate claimants.
13.1.3
Definitions. The
following definitions shall apply to this section unless the context clearly
requires otherwise.
.1
Interstate
Benefit Payment Plan. The plan approved by the Interstate Conference of
Employment Security Agencies (ICESA) under which benefits shall be payable to
unemployed individuals absent from the state or states in which benefit credits
have been accumulated.
.2
Interstate Claimant. An individual who claims benefits under the
unemployment insurance law of one or more liable states through the facilities
of an agent state or directly with the liable state. The term shall not include
an individual who customarily commutes from a residence in any agent state to
work in a liable state unless the division determines that such an exclusion
would create undue hardship upon claimants in designated areas.
.3
State. Any state of the
United States, the District of Columbia, Puerto Rico, the Virgin Islands, and
the provinces of Canada.
.4
Agent State. Any state from or through which an individual files a
claim for benefits against another state.
.5
Liable State. Any state
against which an individual files, from or through another state, a claim for
benefits.
.6
Benefits.
The unemployment compensation payable to an individual under the unemployment
insurance law of any state.
.7
Week of Unemployment. Any week of unemployment as defined in the
law of the liable state from which benefits with respect to such week are
claimed.
13.1.4
Registration for Work.
.1 Each
interstate claimant who files through the agent state or directly with the
liable state shall register for work as required by the law, regulations, and
procedures of the agent state. Such registration shall be deemed to meet the
registration requirements of the liable state.
.2 The agent state shall duly report to the
liable state each interstate claimant who fails to meet the registration or
reemployment-assistance-reporting requirements of the agent state.
13.1.5
Benefit Rights of
Interstate Claimants. If an interstate claimant files a claim against a
state and such state determines that benefit credits are available to the
claimant in that state, claims may be filed only against that state and no
other state so long as such benefit credits are available. Thereafter, the
claimant may file claims against any other state in which he or she has
available benefit credits. Benefit credits, for the purposes of this section,
shall be deemed to be unavailable whenever benefits are affected by the
application of a seasonal restriction or have been exhausted, terminated, or
postponed for an indefinite period or for the entire period during which
benefits would otherwise be payable.
13.1.6
Claims for Benefits.
.1 Interstate claims for benefits and waiting
periods filed by interstate claimants through the agent state shall be filed in
compliance with the uniform procedures developed pursuant to the Interstate
Benefit Payment Plan. Such claims filed directly with the liable state shall be
filed in accordance with the liable state's procedures. Claims shall be filed
to conform to the type of week in effect in the agent state. The liable state
shall make required adjustments on the basis of consecutive claims.
.2 Agent-state regulations for filing
intrastate claims with public employment offices or itinerant service points or
representative therefor or by mail or by telephone shall apply to interstate
claims.
.3 With respect to weeks of
unemployment during which an individual is attached to his or her regular
employer, the liable state shall accept as timely any claim that is filed
through the agent state within the time limit applicable to such claims under
the law of the agent state.
13.1.7
Determination of Claims.
.1 When an interstate claim is filed, the
agent state shall identify to the liable state any potential issue relating to
the claimant's availability for work and eligibility for benefits detected by
the agent state.
.2 The agent
state's authority and responsibility with respect to the determination of
interstate claims shall be limited to the identification of potential issues
identified in connection with initial claims or weeks claimed that are filed
through the agent state and to the reporting of relevant facts pertaining to
the claimant's failure to register for work or report for reemployment
assistance as required by the agent state.
.3 The agent state shall not refuse to accept
an interstate claim.
13.1.8
Providing Assistance to
Interstate Claimants. Each 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 their claims
during normal business hours.
13.1.9
Eligibility Review
Program. The liable state may schedule and conduct eligibility-review
interviews for interstate claimants.
13.1.10
Notification of Interstate
Claim. The liable state shall 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 formats
pursuant to the Interstate Benefit Payment Plan.
13.1.11
Appellate Procedure.
.1 The agent state shall give all reasonable
cooperation in conducting hearings and taking evidence in connection with
disputed benefit determinations when so requested by a liable state.
.2 The time limit imposed by the liable state
for filing an appeal in connection with a disputed benefit determination shall
control, provided, however, that a claimant's appeal shall be deemed to have
been made and communicated to the liable state on the date on which it is
received by an employee of the agent state.
.3 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.
Notes
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