260-RICR-40-05-1. Unemployment Insurance and Temporary Disability Insurance Programs (version Amendment, 01/19/2005 to 10/15/2008)

RHODE ISLAND DEPARTMENT OF LABOR AND TRAINING RULE 24 PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS A. This Rule shall govern the R.I. Department of Labor and Training in its administrative cooperation with other states adopting a similar Rule for the payment of benefits to interstate claimants. B. Definitions As used in this Rule the following terms shall have the following meanings, unless the context clearly requires otherwise: (1) “Interstate Benefit Payment Plan” means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits shall be payable to unemployed individuals absent from the State (or States) in which benefit credits have been accumulated. (2) “Interstate Claimant” means an individual who claims benefits under the unemployment insurance law of one or more liable States through the facilities of an agent State. The term “interstate claimant” shall not include any commuter; provided, however, that the R.I. Department of Labor and Training may, by arrangement with any adjoining State Employment Security Agency, treat certain commuters as interstate claimants if they reside in geographical areas from which the liable State finds that requiring commuters to file their benefit claims in the State of their last employment would cause undue hardship to such claimants. As herein used, the term “commuter” applies to each individual who, customarily commuted from his/her residence in the agent State to his/her work in the liable State. (3) “State” includes Puerto Rico, Virgin Islands and the District of Columbia. (4) “Agent State” means any State in which an individual files a claim for benefits from another State or States. (5) “Liable State” means any State against which an individual files, through another State, a claim for benefits. (6) “Benefits” means the compensation payable to an individual, with respect to his/her unemployment, under the unemployment insurance law of any State. (7) “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. C. Registration for Work (1) Each interstate claimant shall be registered for work, through any public employment office in the agent State when and as required by the law, rules, and procedures of the agent State. Such registration shall be accepted as meeting the registration requirements of the liable State. (2) Each agent State shall duly report, to the liable State in question, whether each interstate claimant meets the registration requirements of the agent State. D. Benefit Rights of Interstate Claimants (1) 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. 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 seasonable restriction. E. Claims for Benefits (1) Claims for benefits or waiting period shall be filed using the Call Center telephone system, or Internet system, or any other system that the Director prescribes and in accordance with Rule 17 and Rule 27. (2) Claims shall be filed by contacting the department’s Call Center, in local offices, or by mail in accordance with agent State rule for interstate mail claims. F. Extension of Interstate Benefit Payments to Include Claims Taken in and for Canada (1) This Rule shall apply in all its provisions to claims taken in and for Canada. [Reference to Employment Security Act: Section 28-42-59]