Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.110 - Payment of benefits to interstate claimant

Current through May 31, 2024
(a)
				The provisions of this section govern the division in administrative reciprocal
				cooperation under
				AS
				23.20.085 with those other states that have
				adopted a similar regulation for the payment of benefits to interstate
				claimants. A claim filed against this state by an individual located in another
				state must be filed according to the provisions of this section.
(b)
Registration for Work
. An
				interstate claimant shall register for work in the agent state as required by
				the law, regulations, and procedures of the agent state. However, a union
				member may satisfy this requirement by registering with the local union for the
				area in which the member is living. Either registration will be accepted as
				meeting the registration requirements of the liable state. Each agent state
				shall duly report to the liable state whether or not an interstate claimant
				meets the registration requirements of the agent state.
(c)
Benefit Rights of Interstate
				Claimant
. 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 must be filed against that state, but only if benefit credits are
				available in that state. Thereafter, the claimant may file claims against any
				other state in which there are available benefit credits. For the purposes of
				this subsection, benefit credits will be considered 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. If a claimant files a claim and does not have sufficient benefit
				credits for a regular base period, as defined in
				AS
				23.20.520, but has sufficient benefit credits
				for a regular base period in another state the claimant must file with that
				state.
(d)
Claim for
				Benefits
. Claims for benefits or for waiting-period must be filed by an
				interstate claimant in accordance with the liable state's procedures. The
				liable state will 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 format under the interstate
				benefit payment plan.
(e)
Determination of Claims
. The agent state shall, in connection with
				each claim filed by an interstate claimant, identify to the liable state any
				potential issues relating to the claimant's availability for work and
				eligibility for benefits detected by the agent state. The agent state's
				responsibility and authority in connection with the determination of interstate
				claims is limited to identification of potential issues and reporting relevant
				facts pertaining to the claimant's failure to register for work or report for
				reemployment assistance as required by the agent state.
(f)
Providing Assistance to Interstate
				Claimant
. An 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 the claimant's claims throughout the
				normal business day.
(g)
Eligibility Review Program
. The liable state may schedule and
				conduct eligibility review interviews for interstate claimants.
(h)
Appellate Procedure
. 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. 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 when requested by the liable state. For 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 will be considered 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.
(i)
Backdating an
				Interstate Initial Claim at Agent State's Request.
A interstate initial
				claim may be backdated up to one calendar year at an agent state's request if
				the liable state determines that it is liable and the agent state has
				established good cause for the backdate.
(j) In this section,
(1) "agent state" means a state from or
				through which an individual files a claim for benefits from another
				state;
(2) "benefits" means the
				compensation payable to an individual, with respect to the individual's
				unemployment, under the unemployment insurance law of a state;
(3) "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 a state in
				which benefit credits have accumulated;
(4) "interstate claimant"
(A) 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;
(B) 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 the claimant;
(5) "liable state" means a state against
				which an individual files, from or through another state, a claim for
				benefits;
(6) "state" includes any
				state of the United States, the District of Columbia, the Commonwealth of
				Puerto Rico, the Virgin Islands, and Canada.