Section 8 AAC 85.110 - Payment of benefits to interstate claimant(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.Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 1/7/78, Register 65; am 3/27/82, Register 81; am 10/12/97, Register 144; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 3/30/2016, Register 217, April 2016; am 4/20/2018, Register 226, July 2018; am 7/19/2019, Register 231, July 2019Authority:AS 23.20.045
AS 23.20.085
AS 23.20.330
AS 23.20.375