Nevada Administrative Code › Chapter 612 - Unemployment Compensation › RECIPROCAL ARRANGEMENTS › Section 612.410 - Responsibilities of paying state

Current through June 11, 2024
1. The paying state
			 must request the transfer of the records of a combined wage claimant's
			 employment and wages in all states during its base period and determine his or
			 her entitlement to benefits under the provisions of its law based on the record
			 of employment and wages transferred to it. The paying state applies all the
			 provisions of its law to each determination made even if the combined wage
			 claimant has no earnings in covered employment in that state, except that the
			 paying state may not determine an issue which has previously been adjudicated
			 by a transferring state. This exception does not apply if the transferring
			 state's determination of the issue resulted in making the combined wage claim
			 possible under NAC 612.400.
2. If
			 the paying state fails to establish a benefit year for the combined wage
			 claimant or if he or she withdraws the claim, the paying state shall return to
			 each transferring state all records of employment and wages that are not
			 used.
3. The paying state shall
			 give the claimant a notice of each of its determinations on the combined wage
			 claim that he or she is required to receive under the Secretary of Labor's
			 claim determinations standard and the contents of the notice must meet the
			 standard.
4. 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 the information must not be used as a basis for changing the paying
			 state if benefits have been paid under the combined wage claim.
5. Except as otherwise provided in this
			 subsection, where the claimant files the combined wage claim in the paying
			 state, any protest, request for redetermination or appeal must be made in
			 accordance with the law of that state. If the claimant files the combined wage
			 claim in a state other than the paying state, any protest, request for
			 redetermination or appeal must be made in accordance with the Interstate
			 Benefit Payment Plan. To the extent that any protest, request for
			 redetermination or appeal involves a dispute as to the coverage of the
			 employing unit or services in a transferring state or otherwise involves the
			 amount of employment and wages subject to transfer, the protest, request for
			 redetermination or appeal must be decided by the transferring state in
			 accordance with its law.
6. If
			 there is an overpayment outstanding in a transferring state and the
			 transferring state so requests, the overpayment must be deducted from any
			 benefits the paying state would otherwise pay to the claimant on the combined
			 wage claim except to the extent prohibited by the law of the paying state. The
			 paying state shall transmit the amount deducted to the transferring state or
			 credit the deduction against the transferring state's required reimbursement.
			 This subsection applies to overpayments only if the transferring state
			 certifies to the paying state that the determination of overpayment was made
			 within 3 years before the combined wage claim was filed and that repayment by
			 the claimant is legally required and enforceable against him or her under the
			 law of the transferring state.
7.
			 At the close of each calendar quarter, the paying state shall send each
			 transferring state a statement of benefits charged during the quarter to the
			 state as to each combined wage claimant. Each charge must bear the same ratio
			 to the total benefits paid to the combined wage claimant by the paying state as
			 his or her wages transferred by the transferring state bear to the total wages
			 used in the determination. The computation of the ratio must be to five decimal
			 places.
Employm't Security
				Dep't, No. 30 § C, eff. 7-1-73-NAC A 6-3-85
NRS
				  NRS
				  612.220,
				  612.295,
				  612.750