General Procedures

(1) Where the claimant has met the requirements of 430 CMR 4.84(1)(b) or 430 CMR 4.85(1)(b), whichever is applicable, the Commissioner shall calculate the claimant's benefit credit using both the primary and alternate base period and shall provide the claimant with the results of such calculations. The Commissioner may provide such results on the claimant's monetary determination form. The claimant shall elect within one year of the date of any notice of election and in accordance with the procedures specified by the Commissioner, which method of determining the base period shall be used in calculating his/her benefit credit. Where the claimant has not made such election, the Commissioner shall make payment using the primarybase period. Such election shall be final; provided, that the Commissioner may redetermine the calculation of the claimant's benefit credit for any of the reasons specified in M.G.L. c. 151A, §71 and, if applicable, shall give the claimant a new election. The Commissioner shall not be required to give the claimant a new election where the requirements of 430 CMR 4.84(1)(b) or 430 CMR 4.85(1)(b) are no longer met as a result of the redetermination or the redetermination will not affect the original election. (2) If the Commissioner finds that the claimant has not met the requirements of 430 CMR 4.84(1)(b), or 430 CMR 4.85(1)(b), whichever is applicable, the Commissioner shall inform such claimant that the claimant may appeal such finding and such appeal may be included as part of any appeal of the claimant's monetary determination. In such cases, the burden of proof rests with the claimant to show that he or she has met the requirements of 430 CMR 4.84(1)(b) or 430 CMR 4.85(1)(b), whichever is applicable. (3) If the Commissioner has requested wage data from an employer; such information shall be provided in accordance with M.G.L. c.151A, § 38(a) and the regulations promulgated there-under. (4) In determining whether the 90% or 10% threshold has been met, whichever is applicable, the Commissioner shall round the resulting calculation to the next lower whole dollar amount. PAYMENT OF RETROACTIVE UNEMPLOYMENT BENEFITS FOR NON-PROFESSIONAL EMPLOYEES WHO PERFORMED SERVICES FOR EDUCATIONAL INSTITUTIONS (M.G.L. C. 151A, § 28A(B)) The purpose of 430 CMR 4.91 through 4.98 is to establish procedures and interpret the standards for payment of retroactive unemployment benefits, in accordance with M.G.L. c. 151A, s 28A(b), as amended by St. 1983, c. 451, § 5.