430 Mass. Reg. 4.76

Current through Register 1523, June 7, 2024
Section 4.76 - Reduction of Benefits
(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
(b) if, after the separation from subsidiary, part-time work, the claimant applies for and obtains unemployment insurance benefits on account of a non-disqualifying separation from primary or principal work that preceded the separation from part-time work.
(2) The constructive deduction from the weekly benefit amount will remain in effect for the period of unemployment next ensuing and until the claimant has had at least eight weeks of work and in each of said weeks has earned an amount equivalent to or in excess of the claimant's weekly benefit amount; provided, however, that, if the subsidiary, part-time work specified in 430 CMR 4.76(1) is for a fixed period of time, the constructive deduction based on the separation from such part-time work shall remain in effect only through the last week of such fixed period.
(3) If a claimant subject to a constructive deduction obtains part-time work or returns to the former part-time work, the claimant shall be subject to the earnings offset only while so employed, not that constructive deduction.

430 CMR 4.76