7 CCR 1101-2-13.3 - EMPLOYER ELECTIONS TO COVER WORKERS PERFORMING SERVICES IN MORE THAN ONE STATE

13.3.1 Statutory Reference: 8-72-110(3), C.R.S.

13.3.2 Definitions. The following definitions shall apply to this section unless the context otherwise clearly requires:

.1 Arrangement. The Interstate Reciprocal Coverage Arrangement.

.2 Jurisdiction. Any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada or the federal government, with respect to coverage under a federal unemployment compensation law.

.3 Participating Jurisdiction. A jurisdiction whose agency has subscribed to and has not terminated participation in the arrangement.

.4 Agency. Any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.

.5 Electing Unit. An employing unit that requests that the services customarily performed for it by any individual in more than one participating jurisdiction be covered under the law of a single participating jurisdiction.

.6 Election. The request of an electing unit for permission to cover under the law of a single participating jurisdiction all of the services customarily performed for such unit by any individual who customarily works in more than one participating jurisdiction.

.7 Elected Jurisdiction. The participating jurisdiction selected by an employing unit to cover under its law any individual who customarily performs services for such unit in more than one participating jurisdiction.

.8 Interested Jurisdiction. Any participating jurisdiction where the elected jurisdiction submits an election for approval.

.9 Interested Agency. The agency of the interested jurisdiction.

.10 Services Customarily Performed. Services performed by an individual over a reasonable period of time, the nature of which is such that it can be expected that they will continue in more than one jurisdiction; services required or expected to be performed in more than one jurisdiction.

.11 Multistate Worker. An individual who customarily performs services for the same employing unit in more than one jurisdiction.

13.3.3 Procedure.

.1 An electing unit shall use the prescribed form (Form RC-1) or other methods as may be permitted or required by the Interstate Benefit Payment Plan to file an election to cover multistate workers under the unemployment compensation law of a participating jurisdiction.

.2 An election may be filed with any participating jurisdiction where:

.1 Any part of an individual's services are performed.

.2 An individual maintains his or her residence.

.3 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 shall approve or disapprove the election. If such election is approved, the agency shall forward a copy thereof to each interested agency (as specified on the election form) under whose unemployment compensation law the electing unit's employee might be covered in the absence of such election.

.4 Each interested agency shall approve or disapprove such election, as soon as practicable, and notify the elected jurisdiction. If the law of the interested jurisdiction so requires, an interested agency may, before taking action, require the electing unit to furnish satisfactory evidence that it has notified affected employees of the election and they have agreed thereto.

.5 If the agency of the elected jurisdiction disapproves the election, the agency shall notify the electing unit stating reasons therefor.

.6 An interested agency that disapproves the election shall notify the elected jurisdiction and electing unit, stating reasons therefor.

.7 The election shall become effective only upon approval of the agency of the elected jurisdiction and one or more interested agencies.

.8 An interested agency that disapproves the election shall not be bound by such election.

.9 If the election is not approved by the agencies of all participating jurisdictions, the electing unit may withdraw such election within ten days of notification thereof.

.10 If the services for which an employer is requesting reciprocal coverage is determined to be employment as defined in the Colorado Employment Security Act, such request shall not be granted.

13.3.4 Effective Period.

.1 An election, duly approved under this regulation, shall become effective at the beginning of the calendar quarter during which such election is submitted unless such election, as approved, specifies a different calendar quarter. An electing unit may request an effective date for a calendar quarter earlier than the calendar quarter during which the election is submitted, provided, however, that such earlier date may be approved solely as to those interested jurisdictions in which the electing unit had no liability to pay contributions during such earlier calendar quarter.

.2 The application of an election to an individual shall terminate if the agency of the elected jurisdiction finds that the services of such individual are no longer performed in more than one participating jurisdiction. The termination date shall be the last day of the calendar quarter in which notice of termination is mailed to all affected parties. Except as provided in the forgoing paragraph, each election approved under this section shall be in effect through the end of the calendar year in which such election was filed and, thereafter, through the end of the calendar quarter during which the electing unit gives written notice of termination to the agencies of the elected and interested jurisdictions.

.3 The electing unit shall notify each affected individual when an election under this section ceases to apply to that individual.

13.3.5 Required Reports and Notices.

.1 The electing unit shall promptly notify each affected individual when an election is approved. Prescribed form Notice to Employee as to Unemployment Compensation Coverage (Form RC-2) shall be used, and a copy thereof shall be forwarded to the elected jurisdiction.

.2 Whenever an individual affected by an election is separated from employment with the electing unit, such unit shall forthwith again notify said individual of the elected jurisdiction under whose law his or her services have been covered. If the individual is not in the elected jurisdiction when he or she is separated from his or her employment, the electing unit shall give the individual information concerning procedures to follow in filing interstate claims.

.3 The electing unit shall immediately notify the elected jurisdiction of any changes that are applicable to and affect its election, as when an individual's services will no longer be customarily performed in more than one participating jurisdiction or when a change in an individual's work assignment requires him or her customarily to perform services in an additional participating jurisdiction.

.4 Notification to the elected jurisdiction pursuant to this regulation 13.3.5 shall be made as permitted or required by the Interstate Benefit Payment Plan.

Notes

7 CCR 1101-2-13.3

37 CR 13, July 10, 2014, effective 8/1/2014 39 CR 08, April 25, 2016, effective 5/15/2016 39 CR 22, November 25, 2016, effective 12/15/2016 40 CR 11, June 10, 2017, effective 7/1/2017 40 CR 23, December 10, 2017, effective 12/30/2017 41 CR 08, April 25, 2018, effective 6/3/2018 41 CR 16, August 25, 2018, effective 9/14/2018 42 CR 06, March 25, 2019, effective 4/15/2019 43 CR 08, April 25, 2020, effective 3/20/2020 43 CR 06, March 25, 2020, effective 4/14/2020 43 CR 19, October 10, 2020, effective 10/30/2020