Section 4.09 - Combined Wage Claims430 CMR 4.09 governs the Massachusetts Division of Unemployment Assistance in its administration of an arrangement whereby an unemployed worker with covered employment or wages in more than one State may combine all such employment and wages in order to qualify for benefits or to receive more benefits.
(1)Definitions: As used in 430 CMR 4.09, unless the context clearly requires otherwise: Base Period and Benefit Year mean the base period and benefit year applicable under the law of the paying state. Combined Wage Claimant means a claimant who has covered wages under the unemployment compensation law of more than one State and who has filed a claim under this arrangement.
Employment and Wages. The term "employment" means all services which are covered under the unemployment compensation law of a State, whether expressed in terms of weeks or otherwise. The term "wages" refers to all remuneration for such employment.
Paying State means a single State against which the claimant files a combined wage claim, if the claimant has wages and employment in that State's base period(s) and the claimant qualifies for unemployment benefits under the unemployment compensation law of that State using combined wages and employment.
State includes the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands.
Transferring State means the State in which a combined wage claimant had covered employment and wages in the base period of a paying State, and which transfers such employment and wages to the paying State for its use in determining the benefit rights of such claimant under its law.
(2) A claimant who has had employment covered under the unemployment compensation law of two or more States, whether or not he is monetarily qualified under one or more of them, may elect to file a combined wage claim. He may not so elect, if he had previously established a benefit year under the State or Federal Unemployment Compensation Law and:(a) The benefit year has not ended, and(b) He still has unused benefit rights based on such benefit year.(3) For the purpose of this arrangement, a claimant will not be considered to have unused benefit rights based on a benefit year which he has established under a State or Federal Unemployment Compensation Law if:(a) He/she has exhausted his rights to all benefits based on such benefit year; or(b) His/her rights to such benefits have been postponed for an indefinite period or for the entire period in which benefits would otherwise be payable; or(c) Benefits are affected by the application of a seasonal restriction.(4) If an individual elects to file a combined wage claim, all employment and wages in all States in which he worked during the base period must be included in such combining, except: (a) Any employment and wages which have been transferred to any other paying State and not returned unused, or which have been used in the transferring State as the basis of a monetary determination which established a benefit year.(b) Any employment and wages which have been canceled or are otherwise unavailable to the claimant as a result of a determination by the transferring State made prior to its receipt of the request for transfer, if such determination has become final or is in the process of appeal but is still pending. If the appeal is finally decided in favor of the combined wage claimant, any employment and wages involved in the appeal shall be transferred to the paying State and any necessary redetermination shall be made by the paying State.(5) A combined wage claimant may withdraw his/her combined wage claim within the period prescribed by M.G.L. c. 151A for filing an appeal, protest, or request for redetermination from the monetary determination of the combined wage provided: (a) He/she repays in full any benefits paid to him/her thereunder, or(b) He/she authorizes the State(s) against which he/she files a substitute claim(s) for benefits to withhold and forward to the paying State a sum sufficient to repay such benefits.(6) Employment and wages which have been used under this arrangement for a determination of benefits which establish a benefit year shall not thereafter be used by another State as the basis for another monetary determination of benefits.(7) If an individual requests to file a combined wage claim that does not have any wages and employment in Massachusetts, the Division of Unemployment Assistance shall inform the claimant of the option to file in another State in which the claimant has wages and employment during that State's base period(s).