430 CMR 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.