8 AAC 85.110. Payment of benefits to interstate claimants

(a) The following provisions shall govern the division in its administrative cooperation with those other states which have adopted a similar regulation for the payment of benefits to interstate claimants. Claims filed against Alaska by individuals located in another state must be filed according to these provisions.

(b) As used in this regulation, unless the context clearly requires otherwise

(1) "interstate benefit payment plan" means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits are paid to unemployed individuals absent from the state (or states) in which benefit credits have accumulated;

(2) "interstate claimant" means an individual who claims benefits under the unemployment insurance laws of one or more liable states through the facilities of an agent state or directly with the liable state; "interstate claimant" does not include an individual who customarily commutes from a residence in an agent state to work in a liable state unless the liable state finds that this exclusion would create an undue hardship on such a claimant;

(3) "state" includes the District of Columbia, the Virgin Islands, and Puerto Rico;

(4) "agent state" means a state in which an individual files a claim for benefits from another state;

(5) "liable state" means a state against which an individual files, through another state, a claim for benefits;

(6) "benefits" means the compensation payable to an individual, with respect to his unemployment, under the unemployment insurance law of a state;

(7) "week of unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

(1) Each interstate claimant shall register for work through an employment center office in the agent state as required by the law, the regulations and the procedures of the agent state. However, a union member may satisfy this requirement by registering with the local for the area in which he is living. Either registration will be accepted as meeting the registration requirements of the liable state.

(2) Each agent state shall duly report to the liable state whether or not an interstate claimant meets the registration requirements of the agent state.

(d) Benefit Rights of Interstate Claimants.

(1) If a claimant files a claim against a state and it is determined by the state that the claimant has benefit credits available in the state, claims shall be filed against such state, but only so long as benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits.

(2) For the purposes of this regulation, benefit credits shall be deemed to be unavailable either whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable.

(e) Claims for Benefits.

(1) Claims for benefits or for waiting-period shall be filed by interstate claimants on uniform interstate claims forms 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.

(2) Claims shall be filed in accordance with agent-state regulations for intrastate claims.

(A) With respect to claims for weeks of unemployment in which an individual was not working for his regular employer, the liable state shall accept, under circumstances which it considers as constituting good cause, a contained claim filed up to one reporting period late. If a claimant files more than one reporting period late, an initial claim must be used to begin a claim series. No continued claim for a past period may be accepted.

(B) With respect to weeks of unemployment during which an individual is attached to his regular employer, the liable state shall accept any claim which is filed within the time limit prescribed for such claims under the law of the agent state.

(f) Determination of Claims.

(1) The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state such facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable 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 to reporting of relevant facts. The agent state may not refuse to take an interstate claim.

(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 a qualified officer of the agent state.

(h) Extension of Interstate Benefit Payments to Include Claims Taken in and for Canada. This regulation shall apply in all its provisions to claims taken either in or for Canada.

(i) A claimant who is located in another state that permits interstate claimants to file continued claims directly to Alaska shall file continued claims

(1) with an unemployment insurance call center of the division by

(A) mail;

(B) telephone; or

(2) in an office of the agent state using the forms and procedures of the agent state if the claimant is travelling.

History: Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 1/7/78, Register 65; am 3/27/82, Register 81; am 10/12/97, Register 144; am 3/4/2006, Register 177

Authority: AS 23.20.045

AS 23.20.330

AS 23.20.375

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