Section R. 421.243 - Payment of benefits to interstate claimantsRule 243.
(1) This rule shall govern the Michigan employment security commission in its administrative cooperation with other states and the Dominion of Canada for the payment of benefits to interstate claimants.(2) As used in this rule, unless the context clearly requires otherwise:(a) "Agent state" means any state in which an individual files a claim for benefits against another state or states.(b) "Benefits" means the compensation payable to an individual with respect to his unemployment under the unemployment insurance law of any state.(c) "Interstate benefit payment plan" means the plan under which benefits are payable to unemployed individuals absent from the state or states in which benefit credits have been accumulated.(d) "Interstate claimant" means an individual who claims benefits under the unemployment insurance law of 1 or more liable states through the facilities of an agent state. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state, unless the Michigan employment security commission finds that this exclusion would create undue hardship on such claimants in specified areas.(e) "Liable state" means any state or states against which an individual files a claim for benefits through another state.(f) "State" includes any state as defined in the Michigan employment security act.(g) "Week of unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.(3) With respect to the benefit rights of interstate claimants, all of the following shall apply: (a) If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits.(b) For the purposes of this rule, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable or whenever benefits are affected by the application of a seasonal restriction.(c) The benefit rights of interstate claimants established by this rule shall apply only with respect to new claims (notices of unemployment) filed on or after the effective date of this rule.(4) Michigan, as agent state, shall do all of the following: (a) Shall not refuse to take an interstate claim.(b) Shall take claims for interstate claimants on uniform interstate forms and in accordance with uniform procedures developed pursuant to the interstate benefit payment plan.(c) Shall take claims for interstate claimants in conformity with the requirements of subrule (3) of this rule.(d) Shall take claims for interstate claimants pursuant to the reporting requirements and type of week in use in Michigan.(e) Shall register for work an interstate claimant pursuant to Michigan registration requirements and shall report such registration to the liable state.(f) Shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question such facts related to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the state of Michigan.(g) Shall limit its responsibility and authority in connection with the determination of interstate claims to investigation and reporting of relevant facts.(h) Shall afford all reasonable cooperation in the filing of appeals, taking of evidence, and the holding of hearings in connection with appealed interstate claims.(5) Michigan, as liable state, shall do all of the following:(a) Shall accept interstate claims when filed on uniform interstate claim forms and in accordance with uniform procedures adopted pursuant to the interstate benefit payment plan.(b) Shall accept interstate claims as meeting Michigan's reporting requirements when filed pursuant to the reporting requirements of an agent state.(c) Shall accept interstate claims when filed in conformity with the requirements of subrule (3) of this rule.(d) Shall deem the registration for work of any interstate claimant as meeting Michigan registration requirements when such registration has been made through a public employment office in an agent state when and as required by the law, rules, and the procedures of the agent state.(e) Shall accept interstate claims filed in accordance with the type of week in use in the agent state and shall make required adjustments to fit such claims to the type of week used in Michigan on the basis of consecutive claims filed.(f) Shall determine whether an interstate claimant filing against Michigan is eligible and qualified under the provisions of the Michigan act.(g) Shall accept an appeal of an interstate claimant. However, with respect to the time limits imposed by the Michigan act upon the filing of an appeal in connection with a disputed claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to Michigan on the date it is received by a qualified officer of an agent state. Further, when an appeal is filed by means of a written communication from a claimant directly to Michigan, the date such communication is received at any office of the commission shall be deemed to be the filing date.(6) All of the provisions of this rule shall apply to the taking of claims in and for Canada pursuant to the provisions of the agreement, as amended, between Canada and the United States of America respecting unemployment insurance.Mich. Admin. Code R. 421.243