California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 2 - Administration › Article 4 - INTERSTATE AND FEDERAL COOPERATION › Section 455.5-8 - Responsibilities of the Paying State - Transfer of Employment and Wages - Payment of Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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 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, except that
						  the paying state may not determine an issue which 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 paragraph (2) of subdivision (b) of Section
						  455.5-7 of these regulations. If
						  the paying state fails to establish a benefit year for the combined-wage
						  claimant, or if he or she withdraws his or her claim as provided herein, it
						  shall return to each transferring state all employment and wages.
(b) 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 in which the claimant filed such
						  claims.
(c) Redeterminations.
(1) 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 changing the paying
						  state if benefits have been paid under the combined-wage claim.
(2) When a determination is made, as provided
						  in paragraph (a) of this section, which suspends the use of wages earned in
						  employment with an educational institution during a prescribed period between
						  successive academic years or terms or other periods as prescribed in the law of
						  the paying state in accordance with Section
						  3304(a)(6)(A)(i)-(iv)
						  of the Internal Revenue Code of 1954, the paying state shall furnish each
						  transferring state involved in the combined-wage claim an adjusted
						  determination used to recompute each state's proportionate share of any charges
						  that may accumulate for benefits paid during the period of suspended use of
						  school wages. Wages which are suspended shall be retained by the paying state
						  for possible future reinstatement to the combined-wage claim and shall not be
						  returned to the transferring state.