7 CCR 1101-2-13.2 - COMBINING EMPLOYMENT AND WAGES
13.2.1
Statutory Reference: 8-72-110 (2), C.R.S.
13.2.2
Purpose of Arrangement.
This arrangement is approved by the Secretary of Labor of the United States
(Secretary) under the provisions of section 3304 (a)(9)(B) of the
Federal Unemployment Tax Act to establish a system whereby an
unemployed worker, with covered employment or wages in more than one state, may
combine all such employment and wages in one state, in order to qualify for
benefits or to receive more benefits.
13.2.3
Consultation With the State
Agencies. As required by section 3304 (a)(9)(B) of the Federal
Unemployment Tax Act, this arrangement has been developed in
consultation with the state unemployment compensation agencies. For purposes of
such consultation, in its formulation and any future amendment, the Secretary
recognizes, as agents of the state agencies, the duly designated
representatives of the Interstate Conference of Employment Security Agencies
(ICESA).
13.2.4
Interstate
Cooperation. Each state agency will cooperate with every other state
agency by implementing such rules, regulations, and procedures as may be
prescribed for the operation of this arrangement. Each state agency shall
identify the paying and the transferring state with respect to combined-wage
claims filed in its state.
13.2.5
Rules, Regulations, Procedures, Forms - Resolution of
Disagreements. All state agencies shall operate in accordance with such
rules, regulations, and procedures and shall use such forms as shall be
prescribed by the Secretary in consultation with the state unemployment
compensation agencies. All rules, regulations, and standards prescribed by the
Secretary with respect to intrastate claims will apply to claims filed under
this arrangement unless they are clearly inconsistent with the arrangement. The
Secretary will resolve any disagreement between state agencies concerning the
operation of the arrangement, with the advice of the duly designated
representatives of the state agencies.
13.2.6
Effective Date. This
arrangement shall apply to all new claims (to establish a benefit year) filed
under it after December 31, 1971.
13.2.7
Definitions. These
definitions apply for the purpose of this arrangement and the procedures issued
to effectuate it.
.1
State.
"State" includes the states of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and the Virgin Islands.
.2
State Agency. The agency that
administers the unemployment compensation law of a state.
.3
Combined-Wage Claim. A claim
filed under this arrangement.
.4
Combined-Wage Claimant. A claimant who has covered wages under the
unemployment compensation law of more than one state and who has filed a claim
under this arrangement.
.5
Paying State.
.1 The state where
a combined-wage claimant files a combined-wage claim, if the claimant qualifies
for unemployment benefits in that state on the basis of combined employment and
wages.
.2 If the state where a
combined-wage claimant files a combined-wage claim is not the paying state
under the criterion set forth in regulation 13.2.7.5.1, or if the combined-wage
claim is filed in Canada, then the paying state shall be that state where the
combined-wage claimant was last employed in covered employment among the states
where the claimant qualifies for unemployment benefits on the basis of combined
employment and wages.
.6
Transferring State. A state where a combined-wage claimant had
covered employment and wages in the base period of a paying state and that
transfers such employment and wages to the paying state for its use in
determining the benefit rights of such claimant under its law.
.7
Employment and Wages.
"Employment" refers to all services that are covered under the unemployment
compensation law of a state, whether expressed in terms of weeks or work or
otherwise. "Wages" refers to all remuneration for such employment.
.8
Secretary. The Secretary of
Labor of the United States.
.9
Base Period and Benefit Year. The base period and benefit year
applicable under the unemployment compensation law of the paying
state.
13.2.8
Election to File a Combined-Wage Claim.
.1 Any unemployed individual who has had
employment covered under the unemployment compensation law of two or more
states, whether or not he or she is monetarily qualified under one or more of
them, may elect to file a combined-wage claim. Said individual may not so
elect, however, if he or she has established a benefit year under any state or
federal unemployment compensation law and:
.1
The benefit year has not ended; and
.2 He or she still has unused benefit rights
based on such benefit year.
.2 For the purpose of this arrangement, a
claimant will not be considered to have unused benefit rights based on a
benefit year that he or she has established under a state or federal
unemployment compensation law if:
.1 The
claimant has exhausted his or her rights to all benefits based on such benefit
year; or
.2 The claimant's rights
to such benefits have been postponed for an indefinite period or for the entire
period in which benefits would otherwise be payable; or
.3 Benefits are affected by the application
of a seasonal restriction.
.3 If an individual elects to file a
combined-wage claim, all employment and wages in all states in which he or she
worked during the base period of the paying state must be included in such
combining, except employment and wages that are not transferable under the
provisions of regulation 13.2.10.2.
.4 A combined-wage claimant may withdraw his
or her combined-wage claim within the period prescribed by the law of the
paying state for filing an appeal, protest, or request for redetermination (as
the case may be) from the monetary determination of the combined-wage claim,
provided the claimant either:
.1 Repays in
full any benefits paid to him or her thereunder; or
.2 Authorizes the state(s) against which he
or she files a substitute claim(s) for benefits to withhold and forward to the
paying state a sum sufficient to repay such benefits.
.5 If the combined-wage claimant files his or
her claim in a state other than the paying state, he or she shall do so
pursuant to the Interstate Benefit Payment Plan.
13.2.9
Responsibilities of the Paying
State.
.1
Transfer of Employment
and Wages - Payment of Benefits. The paying state shall request the
transfer of a combined-wage claimant's employment and wages in all states
during its base period and shall determine his or her entitlement to benefits
(including additional benefits, extended benefits, and dependents' allowances,
when applicable) under the provisions of its law based on employment and wages
in the paying state, if any, and all such employment and wages transferred to
it hereunder. The paying state shall apply all the provisions of its law to
each determination made hereunder, even if the combined-wage claimant has no
earnings in covered employment in that state, except that the paying state may
not determine an issue that has previously been adjudicated by a transferring
state. Such exception shall not apply, however, if the transferring state's
determination of the issue resulted in making the combined-wage claim possible
under regulation 13.2.8.2.2. If the paying state fails to establish a benefit
year for the combined-wage claimant, or if the claimant withdraws his or her
claim as provided herein, the paying state shall return to each transferring
state all employment and wages thus unused.
.2
Notices of Determination. The
paying state shall give to the claimant a notice of each of its determinations
on his or her combined-wage claim that he or she is required to receive under
the Secretary's claim-determinations standard, and the contents of such notice
shall meet such standard. When the claimant is filing his or her combined-wage
claims in a state other than the paying state, the paying state shall send a
copy of each such notice to the local office where the claimant filed such
claims.
.3
Redeterminations. Redeterminations may be made by the paying state
in accordance with its law based on additional or corrected information
received from any source, including a transferring state, except that such
information shall not be used as a basis for charging the paying state if
benefits have been paid under the combined-wage claim.
.4
Appeals.
.1 Except as provided in regulation
13.2.9.4.3 where the claimant files his or her combined-wage claim in the
paying state, any protest, request for redetermination, or appeal shall be in
accordance with the law of such state.
.2 Where the claimant files his or her
combined-wage claim in a state other than the paying state or under the
circumstances described in regulation 13.2.9.4.3, any protest, request for
redetermination, or appeal shall be in accordance with the Interstate Benefit
Payment Plan.
.3 To the extent that
any protest, request for redetermination, or appeal involves a dispute as to
the coverage of the employing unit or services in a transferring state or
otherwise involves the amount of employment and wages subject to transfer, the
protest, request for redetermination, or appeal shall be decided by the
transferring state in accordance with its law.
.5
Recovery of Prior
Overpayments. If there is an overpayment outstanding in a transferring
state and such transferring state so requests, the overpayment shall be
deducted from any benefits the paying state would otherwise pay to the claimant
on his or her combined-wage claim, except to the extent prohibited by the law
of the paying state. The paying state shall transmit the amount deducted to the
transferring state or credit the deduction against the transferring state's
required reimbursement under this arrangement. This subsection shall apply to
overpayments only if the transferring state certifies to the paying state that
the determination of overpayment was made within three years before the
combined-wage claim was filed and that repayment by the claimant is legally
required and enforceable against the claimant under the law of the transferring
state.
.6
Statement of
Benefit Charges.
.1 At the close of
each calendar quarter, the paying state shall send each transferring state a
statement of benefits charged during such quarter to such state for each
combined wage claimant.
.2 Each
such charge shall bear the same ratio to the total benefits paid to the
combined-wage claimant by the paying state as his or her wages transferred by
the transferring state bear to the total wages used in such determination. The
paying state shall express the ratio as a percentage, of three or more decimal
places.
.3 With respect to new
claims establishing a benefit year effective on and after July 1, 1977, the
United States shall be charged directly by the paying state in the same manner
as provided in regulations 13.2.9.6.1 and 13.2.9.6.2 of this section 13.2 in
regard to federal-civilian service and wages and federal-military service and
wages assigned or transferred to the paying state and included in combined-wage
claims in accordance with the Code of Federal Regulations, 20 C.F.R., parts
609, 614, and 616.
13.2.10
Responsibilities of
Transferring States.
.1
Transfer
of Employment and Wages. Each transferring state shall promptly transfer
to the paying state the employment and wages the combined-wage claimant had in
covered employment during the base period of the paying state. Any employment
and wages so transferred shall be transferred without restriction as to their
use for determination and benefit payments under the provisions of the paying
state's law.
.2
Employment
and Wages Not Transferable. Employment and wages transferred to the
paying state by a transferring state shall not include:
.1 Any employment and wages that have been
transferred to any other paying state and not returned unused or that have been
used in the transferring state as the basis of a monetary determination that
established a benefit year.
.2 Any
employment and wages that have been canceled or are otherwise unavailable to
the claimant as a result of a determination by the transferring state made
prior to its receipt of the request for transfer, if such determination has
become final or is in the process of appeal but is still pending. If the appeal
is finally decided in favor of the combined-wage claimant, any employment and
wages involved in the appeal shall forthwith be transferred to the paying
state, and any necessary redetermination shall be made by such paying
state.
.3 Any employment and wages
that would be canceled under the law of the transferring state, if its law does
not permit noncharging of benefits paid thereon, except that this subsection
shall not apply to requests for transfer made after June 30, 1973, or after
amendment of the law to provide for noncharging, whichever is
earlier.
.3
Reimbursement of Paying State. Each transferring state shall, as
soon as practicable after receipt of a quarterly statement of charges described
herein, reimburse the paying state accordingly.
13.2.11
Reuse of Employment and
Wages. Employment and wages that have been used under this arrangement
for a determination of benefits that establishes a benefit year shall not
thereafter be used by any state as the basis for another monetary determination
of benefits.
13.2.12
Amendment of Arrangement. Periodically, the Secretary shall review
the operation of this arrangement and shall propose such amendments to the
arrangement as he or she believes are necessary or appropriate. Any state
unemployment compensation agency or the ICESA may propose amendments to the
arrangement. Any proposal shall constitute an amendment to the arrangement upon
approval by the Secretary in consultation with the state unemployment
compensation agencies. Any such amendment shall specify when the change shall
take effect and to which claims it shall apply.
Notes
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