Title 8 . Labor and Workforce Development

Chapter 85 . State Employment Training Program

Section 100. Intrastate claims filing: initial claims

8 AAC 85.100. Intrastate claims filing: initial claims

(a) Intrastate initial claims, including new claims, transitional claims, additional claims, and reopened claims, as defined in this chapter, must be filed in accordance with the standards set out in this section. A claimant is not eligible for waiting week credit or benefits for any week before the week in which the initial claim is effective under this section.

(b) A claimant shall file an initial claim with an employment insurance call center of the division by

(1) mail;

(2) telephone; or

(3) electronic means, if available from the division.

(c) An initial claim is effective Sunday of the week in which the claimant

(1) files the claim; or

(2) requests to file a claim during regular business hours of the division, if the claim cannot be immediately accepted and the claimant files the claim within five business days after the date of that request, or if filed by mail, within 14 calendar days after the date of that request.

(d) An initial claim filed by mail is effective on Sunday of the week of the postmark date of the mailing of the completed claim form.

(e) An additional or reopened claim is effective on Sunday of

(1) the week claimed if filed with a continued claim; or

(2) an earlier week if the division determines that the claimant had good cause beyond the control of the claimant for an earlier effective date.

(f) A claimant who is in continued claim status at the end of a benefit year must file a new claim to begin a new benefit year. An extended benefit claimant who is in continued claim status at the end of the benefit year, or at the end of any quarter following the benefit year, must file a new claim to determine eligibility for regular benefits in a new benefit year. The director will send a notice of the requirement to file a new claim to the claimant at least two weeks before the end of the benefit year or the end of the applicable calendar quarter.

(g) A transitional claim, or any new claim filed during a series of continued claims after the end of a benefit year, is effective on Sunday of the week immediately following the end of the benefit year or the applicable calendar quarter, if the claim is filed no later than seven calendar days after the end of the benefit year or applicable calendar quarter. The director shall extend the time allowed for filing the claim if the failure to file the claim earlier was caused by an oversight or error of the division.

(h) A claimant shall file an additional claim to begin a new series of continued claims in a benefit year if the claimant had intervening work and

(1) stopped filing continued claims; or

(2) earned wages for a week greater than one and one-third times the weekly benefit amount plus $50.

(i) An claimant filing an additional claim shall provide

(1) the name and address of the claimant's last employer;

(2) the dates of employment; and

(3) the reason for separation from that employer.

(j) A claimant who stopped filing continued claims for a reason other than work shall file a reopened claim to begin a new series of continued claims in the same benefit year. A claimant filing a reopened claim shall provide the reason why the claimant stopped filing continued claims.

History: Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 3/30/79, Register 69; am 12/5/79, Register 72; am 11/7/80, Register 76; am 3/27/82, Register 81; am 4/11/90, Register 114; am 4/28/95, Register 134; am 10/12/97, Register 144; am 11/7/2001, Register 160; am 3/4/2006, Register 177

Authority: AS 23.20.045

AS 23.20.330

AS 23.20.375

AS 23.20.520