Procedures with Respect to Benefit Years Beginning After October 1, 1994 but Before 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 using the primary base period is less than or equal to 90% of his/her benefit credit using the alternate base period and has submitted within one year from the date of the monetary determination information satisfactory to the Commissioner to justify that belief. (2) Information satisfactory to the Commissioner includes, but is not limited to, payroll checks, payroll stubs and payroll records. Where such information is not available or is incomplete, the Commissioner may accept an affidavit signed by the claimant under the pains and penalties of perjury which justifies that belief. The claimant shall submit such information within ten calendar days from the date notified by the Commissioner to provide such information. (3) The Commissioner may verify the claimant's belief by requesting wage data from any employer within the lag period.