430 CMR, § 4.85

Current through Register 1536, December 6, 2024
Section 4.85 - Procedures with Respect to Benefit Years Beginning on or After April 2, 1995
(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.
(2) For the purposes of 430 CMR 4.85(1)(b), an "individual's wage statement" includes, but is not limited to, payroll checks, payroll stubs and payroll records.

430 CMR, § 4.85