Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.37 - Payment of Benefits to Interstate Claimants

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
					Section 96.20 of the employment security law of Iowa authorizes the department
					to enter into reciprocal arrangements with appropriate and duly authorized
					agencies of other states or of the federal government, or both. In conformity
					with this section, the department of workforce development prescribes:
a.
Applicability.
This
					regulation shall govern the department in its administrative cooperation with
					other states adopting a similar regulation for the payment of unemployment
					insurance benefits to interstate claimants.
b.
Definitions.
As used in
					this rule unless the context clearly requires otherwise:
(1)
"Interstate benefit payment plan.
					"
This is the plan approved by the national association of state
					workforce agencies under which benefits shall be payable to unemployed
					individuals absent from the state (or states) in which benefit credits have
					been accumulated.
(2)
"Interstate claimant."
This is an individual who claims benefits under the unemployment insurance law
					of one or more liable states. The term interstate claimant shall not include
					any individual who customarily commutes from a residence in an agent state to
					work in a liable state unless the department finds that this exclusion would
					create undue hardship on such a claimant in a specified area.
(3)
"State. "
This includes
					the District of Columbia, Puerto Rico, the Virgin Islands and Canada.
(4)
"Agent state. "
This
					means any state in which an individual files a claim for benefits from another
					state.
(5)
"liable state.
					"
A liable state is any state against which an individual files, from
					another state, a claim for benefits.
(6)
"Benefits. "
This is the
					compensation payable to an individual, with respect to unemployment, under the
					employment security law of any state.
(7)
"Week of unemployment. "
This is any week of unemployment as defined in the law of the liable state from
					which benefits with respect to such week are claimed.
c.
Registration for work.
(1) Each interstate claimant shall be
					registered for work, through any public employment office in the agent state
					when and as required by the law, rules, regulations, and procedures of the
					agent state. Such registration shall be accepted as meeting the registration
					requirements of the liable state.
(2) Each agent state shall duly report to the
					liable state in question whether each interstate claimant meets the
					registration requirements of the agent state.
d.
Benefit rights of interstate
					claimants.
(1) If a claimant files a
					claim against any state, and it is determined by such state that the claimant
					has available benefit credits in such state, then claims shall be filed only
					against such state as 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 whenever benefits have been exhausted, terminated, or postponed for
					an indefinite period or for the entire period in which benefits would otherwise
					be payable, or whenever benefits are affected by the application of a seasonal
					restriction. The department will respect the prior adjudication of a liable
					state if the department is made aware of the decision and will apply the Iowa
					requalification criteria, unless the claimant has requalified pursuant to the
					liable state's requalification criteria.
(3) The benefit rights of interstate
					claimants established by this regulation shall apply only with respect to new
					claims filed on or after July 5, 1953.
(4) The effective date of an interstate claim
					shall be the Sunday of the week the claim was filed, except if proof is
					obtained from another state that the claimant filed in that state and it was
					determined that the claim should have been filed in Iowa.
e.
Claim for benefits.
(1) Claims for benefits shall be filed by
					interstate claimants on uniform interstate claim forms or by using the
					procedures provided by the liable state 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 on the basis of consecutive claims filed.
(2) Rescinded IAB 8/6/03,
					effective 9/10/03.
f.
Determination of claims.
(1)
					In connection with each claim filed by an interstate claimant, the agent state
					shall ascertain and report to the liable state in question such facts relating
					to the claimant's availability for work and eligibility for benefits as are
					readily determinable in and 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 reporting of relevant facts. The agent state shall
					not refuse to take an interstate claim unless the liable state has a procedure
					for taking out-of-state claims.
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 any qualified representative of the agent state.