reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Interest on Overpaid Benefits › Section 4.24 - Assessment of Interest

Current through Register 1525, July 5, 2024
(1) An overpayment
				becomes due when the determination, redetermination or decision which is the
				basis for the overpayment becomes final. A determination, redetermination or
				decision becomes final when the overpaid individual has exhausted all levels of
				administrative and judicial review or has failed to request review at the next
				applicable level within the time allowed by M.G.L.c.151A.
(2) Filing of a request for waiver of the
				recovery of the overpayment shall not stay the assessment of
				interest.
(3) Interest shall accrue
				commencing with the first day after the overpayment becomes final.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Interest on Overpaid Benefits › Section 4.25 - Application of Payments

Current through Register 1525, July 5, 2024
(1) When the
				Division receives as payment on the overpayment less than the full amount of
				the overpayment and applicable interest, the Division shall apply the payment
				first to the overpayment with the balance, if any, applied to the interest on
				that overpayment except as provided in 430 CMR 4.25(3).
(2) If an individual has two or more
				overpayments, the Division shall apply any payment received to the oldest weeks
				of overpayment which have become final. The Division shall apply said payments
				in accordance with 430 CMR 4.25(1).
(3) If the Division receives payment by way
				of offset against current or future benefits, the Division shall apply such
				payment only to the overpayment. In such situations, the Division may use such
				methods as are otherwise authorized to collect any interest owed.
(4) If payment is made by mail, it shall deem
				to be received on the date indicated by the postal cancellation stamp thereon.
				If payment is hand-delivered, it shall deem to be received on the date
				delivered.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Interest on Overpaid Benefits › Section 4.26 - Cancellation of Interest

Current through Register 1525, July 5, 2024
(1) Cancellation of
				any overpayment pursuant to M.G.L. c. 151A, § 69(b) will cancel the
				balance of any interest owed on that overpayment.
(2) Where only interest on the overpayment
				remains due, the Division may cancel the balance of any interest due in
				accordance with the provisions of M.G.L. c. 151A, § 69(b).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reconsideration of a Decision › Section 4.30 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.30 through
				  430 CMR
				  4.35 is to establish procedures regarding the
				  Commissioner's reconsideration of a decision issued pursuant to M.G.L. c.
				  151A.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reconsideration of a Decision › Section 4.31 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 4.30 through
				  430 CMR
				  4.35 applies to any reconsideration requested
				  or made pursuant to M.G.L. c. 151A, § 71 and 430 CMR.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reconsideration of a Decision › Section 4.32 - Definitions

Current through Register 1525, July 5, 2024
Commissioner
means Commissioner of
				  the Division of Unemployment Assistance (or designee) as defined in M.G.L. c.
				  151A, §1(e½)
Party
means an individual or
				  employing unit whose legal rights, duties or privileges has been decided in a
				  hearing conducted under M.G.L. c. 151A, § 12 or M.G.L. c. 151A, §
				  39(b) and who was entitled to participate in the hearing.
Request for Reconsideration
means a
				  document submitted by a party (or representative) requesting review of a
				  decision issued pursuant to M.G.L. c. 151A, § 12 or M.G.L. c. 151A, §
				  39(b).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reconsideration of a Decision › Section 4.33 - Request for Reconsideration

Current through Register 1525, July 5, 2024
(1) A party
				aggrieved by a decision issued pursuant to M.G.L. c. 151A, § 12 or M.G.L.
				c. 151A, § 39(b) may file a request for reconsideration of said decision
				with the Commissioner, provided that no application for review has been filed
				pursuant to M.G.L. c. 151A, § 12 or M.G.L. c. 151A, § 40.
(2) A party who files a request for
				reconsideration shall mail a copy of said request to every other party to the
				original hearing. Within 20 days from mailing of the notice, any party so
				notified may file with the Commissioner a written statement giving the reasons
				for not allowing reconsideration and shall mail a copy to the party requesting
				reconsideration.
(3) A request for
				reconsideration must be in writing, include a statement of the specific reasons
				reconsideration should be allowed and indicate that a copy of the request was
				mailed to every other party to the original hearing.
(4) A request for reconsideration must be
				filed with the Commissioner no earlier than 30 days and no later than one year
				from the mailing date of the original decision.
(5) In determining whether a party has timely
				filed a request for reconsideration or a response to a request for
				reconsideration, the provisions of
				801 CMR 1.02(4)(a)
				 shall apply.
(6) The filing of a request for
				reconsideration shall not stay the running of the appeal period provided by
				M.G.L. c. 151A, § 12 or M.G.L. c. 151A, § 40.
(7) If the Commissioner reconsiders the
				decision on his own motion, the 30 day period provided in 430 CMR 4.33(4) shall
				not apply. In such circumstances, the Commissioner shall give notice together
				with his reasons for reconsidering the decision, to all parties to the original
				hearing. The parties shall have 20 days from the mailing of the notice to
				submit in writing to the Commissioner, with a copy to the other party, a
				statement of the reasons reconsideration should be allowed or denied.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reconsideration of a Decision › Section 4.34 - Conditions for Reconsideration

Current through Register 1525, July 5, 2024
(1) Upon
				his/her own motion or by request filed pursuant to
				430 CMR
				4.33, the Commissioner may reconsider a
				decision issued pursuant to M.G.L. c. 151A, § 12 or M.G.L. c. 151A, §
				39(b) for which no application for review pursuant to M.G.L. c. 151A, § 12
				or M.G.L. c. 151A, § 39(b) has been filed when, in his/her judgment, it
				appears that because of newly discovered evidence or for any other reasonable
				cause he should reconsider said decision.
(a)
				A party requesting reconsideration because of newly discovered evidence must
				demonstrate that by due diligence it could not have discovered said evidence in
				time to present it at the original hearing and that such evidence is material
				to the issues in the case.
(b) A
				party requesting reconsideration for any other reasonable cause must show that
				the original decision was based on an error of law or procedural irregularities
				underlying the original decision.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reconsideration of a Decision › Section 4.35 - Effect of Reconsideration

Current through Register 1525, July 5, 2024
(1) If the
				Commissioner denies a request for reconsideration, the denial shall be final
				and is not subject to appeal under any provision of M.G.L. c. 151A.
(2) If the Commissioner allows a request for
				reconsideration or reconsiders a decision on his/her own motion, he/she shall
				reopen the original hearing giving notice to all parties to the original
				hearing. The reopened hearing shall be conducted in accordance with the
				procedures prescribed by M.G.L. c. 151A, § 12 or M.G.L. c. 151A, §
				39(b), whichever is applicable.
(3)
				If the Commissioner reopens the original hearing, benefits shall be paid or
				denied in accordance with the original decision until such time as a new
				decision is issued.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Remuneration › Section 4.36 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.36 through
				  430 CMR
				  4.41 is to interpret the standards regarding
				  receipt of remuneration under M.G.L. c. 151A, § 1(r)(3).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Remuneration › Section 4.37 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 4.36 through
				  430 CMR
				  4.41 applies to remuneration received by an
				  employee from the employee's employer.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Remuneration › Section 4.38 - Definitions

Current through Register 1525, July 5, 2024
Commissioner
: the Commissioner of
				  the Division of Unemployment Assistance or his/her designee as defined in
				  M.G.L. c. 151A, §1(e½).
Date of Certification
: the actual or
				  anticipated date of plant closing as determined by the commissioner.
Dismissal Pay
: payment made to an
				  employee by the employee's employer as a result of the employee's separation
				  from the employ of the employer.
Facility
: a plant, factory,
				  commercial business, hospital, institution or other place of employment located
				  in the commonwealth which had 50 or more employees during any month in the six
				  month period prior to the date of certification.
Payment in
Lieu
of Dismissal
				  Notice
: a payment made under the circumstances where the employer,
				  not having given an advance notice of separation to an employee, whether or not
				  notice is required and irrespective of the length of service of the employee,
				  makes a payment to the employee equivalent to the wages which the employee
				  could have earned had the employer permitted the employee to work during the
				  period of the notice.
Permanent Separation
: the permanent
				  severance of an employee from the employ of an employer; provided, that, for
				  the purpose of determining whether a plant closing has occurred, an employee
				  who has transferred to another facility owned or operated by the employer shall
				  not be considered to be permanently separated.
Plant Closing
: the permanent
				  cessation or reduction of business at a facility or facilities, where such
				  facilities are located at a single site of employment as defined by
				  20
				  CFR 639.3(i), of at least 50
				  employees which results or will result as determined by the Commissioner in the
				  permanent separation of at least 50% of the employees of the facility or
				  facilities within a period of six months prior to the date of certification or
				  within such other period as the commissioner shall prescribe, provided, that
				  such period falls within the six month period prior to the date of
				  certification.
Severance Pay
: a payment to an
				  employee at the time of separation in recognition and consideration of the past
				  services the employee has performed for the employer. The amount of the payment
				  is usually based on years of service.
Termination Pay
: the maintenance by
				  an employer of an employee's wages following the employee's separation from the
				  employ of an employer. Termination pay includes, but is not limited to,
				  continuation pay, so-called.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Remuneration › Section 4.39 - Certification

Current through Register 1525, July 5, 2024
(1) In determining whether at least 50% of
				the employees of the facility or facilities have been or will be permanently
				separated within a specified period, such period will include the date of
				certification.
(2) Any
				certification shall remain in effect from the date of certification through the
				subsequent 90 day period or through the anticipated separation completion date
				as scheduled by the employer at the time of certification, whichever is longer.
				At the discretion of the commissioner, the certification period may be extended
				for an additional 90 days or through the anticipated separation date as revised
				by the employer, and approved by the commissioner, whichever is
				longer.
(3) A finding made by the
				commissioner or his representative that a plant closing has or will occur
				shall, along with any supporting documents, become part of the record in any
				proceeding under M.G.L. c. 151A, §§ 39(b), 41, and 42 and shall be
				prima facie evidence in such proceeding that plant closing has or will
				occur.
(4) Whenever an employer is
				requested to furnish information necessary to determine whether a plant closing
				has occurred, such information shall be furnished within ten days of the date
				of request.
(5) Whenever an
				employer has failed to provide the requested information within the time period
				prescribed by 430 CMR 4.39(4), the commissioner shall determine whether a plant
				closing has occurred on the basis of information furnished by the employee
				supplemented by such other information as may be available and satisfactory to
				the commissioner.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Remuneration › Section 4.40 - Receipt of Remuneration

Current through Register 1525, July 5, 2024
(1) Except as
				provided in
				430 CMR
				4.41, the term "remuneration" includes
				termination, severance or dismissal pay, or as payment in
lieu
of dismissal notice, whether or not notice is required, or as payment for
				vacation allowance during a period of regular employment. The payment may be
				made in a lump sum or periodically.
(2) The commissioner may apply a lump sum
				payment to the week or weeks following the employee's separation by dividing
				such lump sum by the employee's average weekly wage as determined under M.G.L.
				c. 151A, § 1(w).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Remuneration › Section 4.41 - Exceptions to Receipt of Remuneration

Current through Register 1525, July 5, 2024
(1) The
				term "remuneration" shall not include payment for unused vacation leave or
				unused sick leave.
(2) The term
				"remuneration" shall not include payment of termination, severance or dismissal
				pay, or payment in lieu of dismissal notice made to an employee in a lump sum
				in connection with a plant closing.
(3) The term "remuneration" shall include
				payment of termination, severance or dismissal pay, or payment in lieu of
				dismissal notice made to an employee in periodic payments in connection with a
				plant closing even if the employee has the option of electing to receive the
				payment in a lump sum.
(4) On any
				appeal of a determination or decision finding that the payment received
				constitutes remuneration, the employee has the burden of producing evidence
				showing that such payment falls within the exception to the receipt of
				remuneration.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Part-time Availability › Section 4.42 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.42 through
				  430 CMR
				  4.45 is to establish criteria under which an
				  individual, otherwise eligible for benefits, may limit his/her availability
				  solely to part-time employment.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Part-time Availability › Section 4.43 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 4.42 through
				  430 CMR
				  4.45 applies to individuals receiving
				  unemployment benefits under M.G.L. c. 151A.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Part-time Availability › Section 4.44 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases shall have the following
				  meanings unless otherwise clearly indicated by the context of
				  430 CMR 4.42 through
				  4.45:
Benefits or Unemployment Benefits
means the money allowances payable to an individual as compensation for wage
				  losses due to unemployment as provided in M.G.L. c. 151A.
Benefit Year
shall have the meaning
				  as set forth in M.G.L. c. 151A, § 1(c).
Commissioner
means the Director of
				  the Division of Unemployment Assistance established by M.G.L. c. 23, §
				  9I.
Disability
means a physical or
				  mental impairment that substantially limits a major life activity of such
				  individual; a record of such an impairment; or being regarded as having such an
				  impairment because of an actual or perceived physical or mental impairment.
				  This determination is made without regard to the use of mitigating measures
				  such as medications, prosthetics, medical supplies, equipment, and low-vision
				  devices.
Initial Claim
means a claim for
				  unemployment benefits establishing an individual's benefit year pursuant to
				  M.G.L. c. 151A.
Major Life Activities
means
				  functions including but not limited to caring for oneself, performing manual
				  tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending,
				  speaking, breathing, learning, reading, concentrating, thinking, communicating,
				  the operations of major bodily functions, and working.
Most Recent 26 Weeks of Employment
means a period of time consisting of the most recent 26 weeks of employment
				  immediately prior to the filing of an initial claim for benefits.
Part-time Employment
means
				  employment at less than the full-time work schedule customary for the
				  individual's occupation.
Prior Work History of Part-time
				  Employment
means a period of time consisting of not less than 20
				  weeks of part-time employment during the most recent 26 weeks of
				  employment.
Qualified Individual with a
				  Disability
means an individual with a disability who, with or
				  without reasonable modifications to rules, policies, or practices, the removal
				  of architectural, communication, or transportation barriers, or the provision
				  of auxiliary aids and services, meets the essential eligibility requirements
				  for the receipt of services or for the participation in programs or activities
				  provided by a public entity.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Part-time Availability › Section 4.45 - Conditions for Limiting Availability

Current through Register 1525, July 5, 2024
(1) An
				individual otherwise eligible for benefits may limit his/her availability for
				work during the benefit year to part-time employment provided, that the
				individual:
(a) has a prior work history of
				part-time employment; establishes to the satisfaction of the commissioner good
				cause for restricting availability during the benefit year to part-time
				employment and that such good cause reason is the same as, or is related to
				that which existed during the prior work history of part-time employment; and
				is available during the benefit year for at least as many hours of work per
				week as used to establish the prior work history of part-time employment;
				or
(b) establishes to the
				satisfaction of the commissioner that the reasons for leaving his or her
				employment were for such an urgent, compelling, and necessitous nature as to
				make his or her separation involuntary; and establishes to the satisfaction of
				the commissioner that the same or related urgent, compelling, and necessitous
				reasons require the individual to limit availability for work during the
				benefit year to part-time employment; and such limitation does not effectively
				remove the individual from the labor force, and
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.71 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 C MR 4.71 throug h
				  430 CMR
				  4.78, i nclusive, is to establish proce dures
				  and interpr et the standa rds for de nial of bene fits for leav i n g
				  subsidiary part-time wor k. Such standards implement the decision of the
				  Supreme J udicial Court in the case of Susan Emerson v. Direc tor DES, 393
				  Mass. 351 (1984).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.72 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 4.71 through
				  4.78
				  applies to any person who has an eligible claim for unemployment compensation
				  benefits and has left subsidiary part-time work or newly obtained part-time
				  work in the benefit year under disqualifying circumstances within the meaning
				  of M.G.L. c. 151A, § 25(e).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.73 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases shall have the following
				  meanings, unless otherwise clearly indicated by the context of
				  430 CMR
				  4.00:
Constructive Deduction
means the
				  amount of remuneration that would have been deducted from the claimant's weekly
				  benefit amount under M.G.L. c. 151A, § 29(b) if the claimant had continued
				  to be employed on a part-time basis. Full-time work means the most recent
				  primary or principal work of the claimant as determined by
				  430 CMR
				  4.74 and
				  4.75.
Newly Obtained Part-time Work
means
				  employment obtained in the benefit year with an employer other than the
				  employer who employed the claimant on his/her primary or principal work.
Part-time Work
means all employment
				  other than claimant's primary or principal work.
Subsidiary Part-time Work
means
				  employment worked contemporaneously with full-time work.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.74 - Criteria for Determining Full-time Work

Current through Register 1525, July 5, 2024
In determining whether the claimant's most recent work was
				  full-time or part-time; the following factors to be considered in priority
				  are:
(a) The number of hours spent on
				the work.
(b) The wages earned for
				the week.
(c) The duration of the
				claimant's employment with the employer.
(d) The occupation of the claimant.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.75 - Application for Criteria for Determining Full-time Work

Current through Register 1525, July 5, 2024
(1) The number of hours spent on the work and
				the wages earned for the week(s) will dictate whether the work was full-time or
				part-time.
(2) The claimant's most
				recent work will be presumed to be full-time if he or she worked the normal
				full-time hours of the occupation in which the claimant was employed.
(3) The claimant's most recent work will, in
				the case of multiple contemporaneous employers, be presumed full-time if he or
				she worked more hours or earned more money in the most recent work than in all
				other contemporaneous employment.
(4) If a claimant is employed by multiple
				"most recent" employers under substantially the same terms of wages and hours,
				the claimant will be presumed to have worked full-time for the employer with
				which he or she has had the longest duration of employment.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.76 - Reduction of Benefits

Current through Register 1525, July 5, 2024
(1) A constructive
				deduction, as calculated under
				430 CMR
				4.78, from the otherwise payable weekly
				benefit amount, rather than complete disqualification from receiving
				unemployment insurance benefits, will be imposed on a claimant who separates
				from part-time work for any disqualifying reason under M.G.L. c. 151A, §
				25(e), in any of the following circumstances:
(a) if the separation is:
1. from subsidiary, part-time work during the
				base period and, at the time of separation, the claimant knew or had reason to
				know of an impending separation from the claimant's primary or principal work;
				or
2. if the separation from
				part-time work occurs during the benefit year; or
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.77 - The Effect of Subsequent Part-time Work

Current through Register 1525, July 5, 2024
The remuneration for subsequent part-time work, while a
				  constructive deduction remains in effect, shall be added to the average
				  part-time earnings as determined by
				  430 CMR
				  4.78(1)(a), (1)(b), or
				  (1)(c). The deduction from the weekly benefit
				  amount shall be computed by applying the earnings disregard standards provided
				  for in M.G.L. c. 151A § 29(b) to the sum of the average part-time earnings
				  and the remuneration for subsequent part-time work.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Reduction of Job Insurance Benefits Relating to Part-time Employment › Section 4.78 - Constructive Deduction Calculation

Current through Register 1525, July 5, 2024
(1)
(a) If the claimant's separation from
				part-time subsidiary work occurred in the last four weeks of employment prior
				to filing of the unemployment claim; the average part-time earnings will be
				computed dividing the gross wages paid by the subsidiary employer in the last
				completed quarter by 13. If there are less than 13 weeks of work, then the
				gross earnings shall be divided by the actual number of weeks worked.
(b) On any separation from subsidiary
				part-time work after the establishment of a claim, the gross wages paid shall
				be divided by the number of weeks worked for the subsidiary part-time employer
				after the filing of a claim to determine the average part-time
				earnings.
(c) On any separation
				from part-time work which is obtained after the establishment of a benefit year
				claim, the average part-time earnings will be computed by dividing the gross
				wages paid by the number of weeks worked.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Base Period › Section 4.81 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.81 through
				  4.86 is to
				  establish procedures under which an alternate base period will be used as
				  provided by St. 1994, c. 260.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Base Period › Section 4.82 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR
				  4.00 applies to any individual whose benefit year
				  begins on or after October 2, 1994.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Base Period › Section 4.84 - Procedures with Respect to Benefit Years Beginning After October 1, 1994 but Before April 2, 1995

Current through Register 1525, July 5, 2024
(1) The
				Commissioner shall use the alternate base period for calculating a claimant's
				benefit credit and average weekly wage as defined by M.G.L. c. 151A, §
				1(w) under the following circumstances:
(a)
				The claimant does not have sufficient wages in the primary base period to meet
				the requirements of M.G.L. c. 151A, § 24(a); or
(b) The claimant has reason to believe that
				his/her benefit credit using the primary base period is less than or equal to
				90% of his/her benefit credit using the alternate base period and has submitted
				within one year from the date of the monetary determination information
				satisfactory to the Commissioner to justify that belief.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Base Period › Section 4.85 - Procedures with Respect to Benefit Years Beginning on or After April 2, 1995

Current through Register 1525, July 5, 2024
(1) The Commissioner shall use the alternate
				base period for calculating a claimant's benefit credit and average weekly wage
				as defined by M.G.L. c. 151A, § 1(w) under the following circumstances:
(a) The claimant does not have sufficient
				wages in the primary base period to meet the requirements of M.G.L. c. 151A,
				§ 24(a); or
(b) The claimant
				has reason to believe that his/her benefit credit calculated using the primary
				base period would be increased by at least 10% using the alternate base period
				and has presented within one year of the date of the monetary determination
				credible substantiation for such belief to the Commissioner in writing
				including, but not limited to, an individual's wage statement for each week
				paid in the lag period and the Commissioner has verified such substantiation
				either by requesting wage data from any employer in the lag period or by
				applying the provisions of
				430 CMR 5.04(3)
				 where the employer has not provided the
				requested wage data.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Base Period › Section 4.86 - General Procedures

Current through Register 1525, July 5, 2024
(1) Where the
				claimant has met the requirements of
				430
				CMR 4.84(1)(b)  or
				430
				CMR 4.85(1)(b), whichever is
				applicable, the Commissioner shall calculate the claimant's benefit credit
				using both the primary and alternate base period and shall provide the claimant
				with the results of such calculations. The Commissioner may provide such
				results on the claimant's monetary determination form. The claimant shall elect
				within one year of the date of any notice of election and in accordance with
				the procedures specified by the Commissioner, which method of determining the
				base period shall be used in calculating his/her benefit credit. Where the
				claimant has not made such election, the Commissioner shall make payment using
				the primary base period. Such election shall be final; provided, that the
				Commissioner may redetermine the calculation of the claimant's benefit credit
				for any of the reasons specified in M.G.L. c. 151A, §71 and, if
				applicable, shall give the claimant a new election. The Commissioner shall not
				be required to give the claimant a new election where the requirements of
				430
				CMR 4.84(1)(b)  or
				430
				CMR 4.85(1)(b)  are no
				longer met as a result of the redetermination or the redetermination will not
				affect the original election.
(2)
				If the Commissioner finds that the claimant has not met the requirements of
				430
				CMR 4.84(1)(b), or
				430
				CMR 4.85(1)(b), whichever is
				applicable, the Commissioner shall inform such claimant that the claimant may
				appeal such finding and such appeal may be included as part of any appeal of
				the claimant's monetary determination. In such cases, the burden of proof rests
				with the claimant to show that he or she has met the requirements of
				430
				CMR 4.84(1)(b)  or
				430
				CMR 4.85(1)(b), whichever is
				applicable.
(3) If the Commissioner
				has requested wage data from an employer; such information shall be provided in
				accordance with M.G.L. c.151A, § 38(a) and the regulations promulgated
				thereunder.
(4) In determining
				whether the 90% or 10% threshold has been met, whichever is applicable, the
				Commissioner shall round the resulting calculation to the next lower whole
				dollar amount.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.91 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.91 through
				  4.98
				  is to establish procedures and interpret the standards for payment of
				  retroactive unemployment benefits, in accordance with M.G.L. c. 151A, s 28A(b),
				  as amended by St. 1983, c. 451, § 5.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.92 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR
				  4.00 applies to any person who performed services for
				  and educational institution or was the employee of an educational service
				  agency performing services in an educational institution during the past
				  academic year or term in any capacity other than in instructional, research or
				  principal administrative capacity and who has filed a claim for retroactive
				  unemployment benefits.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.93 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases shall have the following
				  meanings, unless otherwise clearly indicated by the content of
				  430 CMR
				  4.00:
Academic Year or Term
shall mean the
				  date that the majority of students begin academic classes, and such academic
				  year or term shall end when the majority of students are no longer attending
				  academic classes, taking examinations or engaged in other curricular activities
				  required by the school.
Opportunity to Perform Service
means
				  a chance to actually perform service in the next ensuing academic year or
				  term.
Reasonable Assurance
means a written
				  or verbal agreement that the individual will perform such service during the
				  ensuing academic year or term.
Retroactive Benefits
means benefits
				  paid for any week(s) for which a claimant has been denied benefits between
				  academic years or terms solely by reason of the "reasonable assurance" aspect
				  of M.G.L. c. 151A, § 28A(b); and for such week(s) has filed a timely claim
				  for benefits if the individual is not offered an opportunity to perform
				  services for the educational institution for the next academic year or term,
				  and if the individual is otherwise eligible.
Short-term Employment
means less
				  than 20 working days.
Substitute Employee
means any
				  individual who performs services in an educational institution in place of a
				  regular employee who is absent during the academic year or term.
Suitable Services
as used in
				  430 CMR 4.96(1)
				   means service in the same or substantially
				  similar position at the same or higher pay, except as otherwise provided by a
				  collective bargaining agreement.
Unemployment Benefits
mean any
				  monetary payment of benefits, including dependency allowances, which are made
				  pursuant to M.G.L. c. 151A.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.94 - Filing a Claim

Current through Register 1525, July 5, 2024
Claims will be filed in accordance with M.G.L. c. 151A,
				  § 24(c) and regulations pursuant to 430 CMR
4.01: Registration and
				  Claims in General
.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.95 - Determination of Reasonable Assurance

Current through Register 1525, July 5, 2024
After a claim is filed, the Commissioner or his/her
				  authorized representative shall promptly determine, in accordance with
				  procedures established by the Commissioner and after making such inquiries and
				  investigation as he/she deems necessary whether or not the individual has
				  reasonable assurance of reemployment in the next ensuing academic year or term.
				  If it is determined that there is a reasonable assurance, the written notice to
				  the claimant of the reasonable assurance shall include:
(a) The period of disqualification. The
				denial of benefits because of reasonable assurance under M.G.L. c. 151A, §
				28A is limited to weeks of unemployment between the academic years or
				terms.
(b) An explanation of the
				claimant's right to a hearing, and the time limits and procedures for
				requesting such a hearing, and;
(c)
				An explanation that if the claimant is not offered an opportunity to perform
				services in the next ensuing academic year or term he/she will be entitled to
				retroactive payment for benefits for each week for which he/she has filed, if
				otherwise eligible.
(d) If the
				claimant is denied benefits because of reasonable assurance under M.G.L. c.
				151A, §28A, he/she will be instructed that it will not be necessary to
				continue to report between academic years or terms. He/she will be advised to
				reopen his/her claim if he/she is not rehired when the next academic year or
				term begins.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.96 - Opportunity to Perform Service

Current through Register 1525, July 5, 2024
(1) An
				opportunity to perform suitable services must be offered by the educational
				institution or educational service agency, from which the individual was given
				reasonable assurance. The offer shall be in writing and must be given by the
				end of the second full week from the beginning of the academic year or term to
				those individuals who are not currently employed at that time by the
				educational institution or educational service agency. Such individuals must
				begin performing services by the end of the fourth full week from the beginning
				of the academic year or term.
(2)
				An offer of short term employment shall not constitute an opportunity to
				perform services.
(3) Substitute
				employees will be considered to be offered an opportunity to perform services
				if they are assured that they will be recalled under the same terms and
				conditions as in the most recently completed academic year or term. Such
				individuals shall be exempt from the definition of short term
				employment.
(4) A claimant will not
				be entitled to retroactive benefits when the offer of an opportunity to perform
				services is prevented because of the individual's own action which precludes
				his/her reemployment.
(5) Whether
				or not an opportunity to perform services was offered to the individual will be
				based on the facts in each case.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.97 - Request for Retroactive Payment of Benefits

Current through Register 1525, July 5, 2024
(1) An individual shall make application for
				payment of retroactive benefits either in person or in writing no later than
				six weeks from the beginning of an academic year or term.
(2) Notice of Claim Filed with request for
				information attached shall be mailed to the educational institution or
				educational service agency from which the individual was given reasonable
				assurance.
(3) The Commissioner of
				his/her authorized representative shall promptly determine whether or not an
				opportunity to perform service was given to the individual. A determination
				shall be issued under the provisions of M.G.L. c. 151A, § 39 to all
				interested parties. Such determination shall inform all interested parties of
				their right to appeal under the provisions of M.G.L. c. 151A.
(4) The local office will take signatures of
				claimants for weeks of unemployment occurring between the date of filing of the
				initial claim and the beginning of the succeeding academic year or term. These
				signatures shall constitute the filing of a timely claim for retroactive
				unemployment benefits.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Payment of Retroactive Unemployment Benefits for Non-professional Employees Who Performed Services for Educational Institutions M.G.L. c. 151A Section 28A(b) › Section 4.98 - Payments of Retroactive Benefits

Current through Register 1525, July 5, 2024
(1)
				Retroactive Benefits shall be paid or denied in accordance with the
				determination or decision at each level of appeal provided in M.G.L. c. 151A.
				If it is redetermined that an individual received retroactive benefits to which
				he/she was not entitled, the recovery of such benefits will be determined in
				accordance with the provisions of M.G.L. c. 151A, § 69(c), and
				430 CMR
				6.00:
Waiver Regulations
.
(2) Retroactive payments of unemployment
				benefits may be paid to the individual prior to the fourth full week of school
				only upon written notice from the educational institution or educational
				service agency that the opportunity to perform services in the current academic
				year or term for that institution or agency will not be offered to that
				individual.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 5.00 - Employer Requirement Series › Section 5.01 - Work Records

Current through Register 1525, July 5, 2024
(1) Every employing
			 unit shall keep sufficient records:
(a) To
			 enable it to prepare accurate reports with respect to its employment as may be
			 required by the Commissioner; and
(b) To enable the Commissioner to verify any
			 report submitted by the employing unit; and
(c) To make it possible by an inspection
			 thereof to determine with respect to each worker:
1. Wages earned by calendar weeks.
2. Whether any week was in fact a week of
			 less than full-time work.
3. Time
			 lost, if any, by such worker due to his unavailability for work, or inability
			 to work.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 5.00 - Employer Requirement Series › Section 5.02 - Reporting Requirements, General

Current through Register 1525, July 5, 2024
(1) Each
			 employing unit shall comply with the instructions printed on forms issued by
			 the Department.
(2) An employing
			 unit shall immediately notify the Department of such fact if:
(a) On some day in each of thirteen weeks in
			 any calendar year it has employed one or more individuals in Massachusetts, or
			 has paid wages in the amount of $1500 or more in any calendar quarter,
			 or
(b) It is subject to, or during
			 the preceding calendar year was subject to the provisions of Chapter 23 of the
			 Internal Revenue Code and any amendments thereto, and employed one or more
			 individuals in Massachusetts and its payroll for services performed in
			 Massachusetts is in excess of $200 in a calendar quarter, or
(c) It has acquired the organization, trade,
			 business, or assets thereof of another employing unit in whole or in
			 part.
(d) It has employed ten or
			 more individuals in agricultural service on some day in each of 20 weeks, or
			 has paid remuneration in cash amounting to $20,000 or more for such service in
			 any calendar quarter. Agricultural service is defined in
			 430 CMR
			 5.03(11)
(e) It has paid $1,000 or more in cash for
			 domestic service in any quarter during the calendar year. Domestic service
			 includes but is not limited to all service for a person in the operation and
			 maintenance of a private household, local college club or local chapter of a
			 college fraternity or sorority as distinguished from service as an employee in
			 the pursuit of an employer's trade, occupation, profession, enterprise or
			 vocation.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 5.00 - Employer Requirement Series › Section 5.03 - Contribution Reports

Current through Register 1525, July 5, 2024
(1) No employer
			 shall be permitted to make contributions, excepting on the basis of wages
			 paid.
(2) The employer's
			 contributions accrue at the time the wages are actually or constructively paid
			 by the employer.
(a) Wages are constructively
			 paid when they are credited to the account of or set apart for the employee so
			 that they may be drawn upon by him at any time although not then actually
			 reduced to possession. To constitute payment in such a case the wages must be
			 credited or set apart to the employee without any substantial limitation or
			 restriction as to the time or manner of payment or condition upon which payment
			 is to be made; must be made available to him so they may be drawn at any time;
			 and their payment must be brought within his own disposition.
(b) Wages, earned from an insolvent employer,
			 due but unpaid shall be deemed to have been paid when earned for the purpose of
			 establishing an individual's benefit rights.