Interstate Claims And Procedure

(1) The following regulations shall govern the Tennessee Department of Labor and Workforce Development, Division of Employment Security, in its administrative cooperation with other States adopting a similar regulation for the payment of benefits to interstate claimants. (2) Definitions. As used in this regulation unless the context clearly requires otherwise: (a) Interstate 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. (b) “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. 1. The term “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 individual who customarily commutes from a residence in an agent State to work in a liable State unless this Department finds that this exclusion would create undue hardship on such claimants in specified areas. 2. Repealed. (c) “State” includes the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. (d) “Agent State” means any State in which an individual files a claim for benefits for another State. (e) “Liable State” means any State against which an individual files, through another State, a claim for benefits. (f) “Benefits” means the compensation payable to an individual, with respect to such individual’s unemployment, under the unemployment insurance laws of any State. (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. 1. With respect to an individual attached to such individual’s regular employer, week of unemployment means the seven (7) consecutive-day period prescribed by the Agent State with respect to such individual’s employer. (3) Registration for Work. (a) Each interstate claimant shall be registered as unemployed and registered for work, through any public employment office in the Agent State when and as required by the law, regulations, and procedures of the Agent State. Such registration shall be accepted as meeting the registration requirements of the Liable State. BENEFITS CHAPTER 0800-09-01 (b) Each Agent State shall duly report to the Liable State in question whether each interstate claimant meets the registration requirements of the Agent State. (4) Benefit Rights of Interstate Claimants. (a) If a claimant files a claim against any State, and such State determines that the claimant has available benefit credits in such State, then the claimant shall only file a claim against that State as long as benefit credits are available in that State. (b) Thereafter, the claimant may file claims against any other State in which the claimant has available benefit credits. (c) For purposes of this regulation, benefit credits shall be deemed to be unavailable whenever: 1. benefits have been exhausted, terminated or postponed for an indefinite period, or 2. benefits have been exhausted, terminated or postponed for the entire period in which benefits would otherwise be payable, or 3. benefits are affected by the application of a seasonal restriction. (d) Repealed. (e) For purposes of this regulation, benefit credits shall be deemed to be available during any fixed period of temporary disqualification if, in the absence of further disqualification, benefits will thereafter be payable on the basis of such credits. (f) Benefit credits in any State shall be deemed to be unavailable solely for partial unemployment benefit purposes if that State does not provide for the interstate payment of partial unemployment benefits. (5) Claims for Benefits. (a) Interstate claimants shall file claims for benefits or a waiting period on uniform interstate claim forms or by telephone and in accordance with uniform procedures developed pursuant to the Interstate Benefit Payment Plan. (b) Claims shall be filed in accordance with the type of week in use in the Agent State. Any adjustments required to fit the type of week used by the Liable State shall be made by the Liable State on the basis of the consecutive claims filed. (c) Claims shall be filed weekly or bi-weekly in the Labor and Workforce Development Offices, by mail or by telephone in accordance with Agent State regulations for intrastate claims, or in accordance with the schedule provided by itinerant service. 1. With respect to claims for weeks of unemployment in which an individual was not working for such individual’s regular employer, the Liable State shall, under circumstances that it considers good cause, accept a continued claim filed up to one week or one reporting period late. BENEFITS CHAPTER 0800-09-01 2. If a claimant files more than one reporting period late, the claimant must file an initial claim to begin a claim series. The Department will not accept a continued claim for a past period. 3. With respect to weeks of unemployment during which an individual is attached to such individual’s regular employer, the Liable State shall accept any claim that is filed within the time limit applicable to such claims under the law of the Agent State. (6) Determination of Claims. (a) The Agent State shall, in connection with each claim filed by an interstate claimant, ascertain and report to the Liable State the facts relating to the claimant’s availability for work and eligibility for benefits as are readily determined in and by the Agent State. (b) The Agent State’s responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts. (c) The Agent State shall not refuse to take an interstate claim. (7) Appellate Procedure. (a) The Agent State shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims. (b) With respect to the time limits imposed by the law of a Liable State upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the Liable State on the date when it is received by any qualified officer of the Agent State.