(a) Sharable compensation. (1) The Department shall promptly upon
receipt of a State's report of its expenditures for a calendar month
reimburse the State in the amount of the sharable compensation the State
is entitled to receive under the Act and this part.
(2) The Department may instead advance to a State for any period not
greater than one day the amount the Department estimates the State will
be entitled to be paid under the Act and this part for that period.
(3) Any payment to a State under this section shall be based upon
the Department's determination of the amount the State is entitled to be
paid under the Act and this part, and such amount shall be reduced or
increased, as the case may be, by any amount by which the Department
finds that a previous payment was greater or less than the amount that
should have been paid to the State.
(4) Any payment to a State pursuant to this paragraph (a) shall be
made by a transfer from the extended unemployment compensation account
in the Unemployment Trust Fund to the account of the State in such Fund,
in accordance with section 204(e) of the Act.
(b) Payments not to be made to States. Because a State law must
contain provisions fully consistent with sections 202 and 203 of the
Act, the Department shall make no payment under paragraph (a) of this
section, whether or not the State is certified under section 3304(c) of
the Internal Revenue Code of 1986--
(1) In respect of any regular or extended compensation paid to any
individual for any week if the State does not apply--
(i) The provisions of the State law required by section 202(a)(3)
and this part, relating to failure to accept work offered or to apply
for work or to actively engage in seeking work, as to weeks beginning
after October 31, 1981, except for any State which the State legislature
did not meet in 1981 as to weeks beginning after October 1, 1982 or the
provisions of State law required by section 202(a)(4) and this part,
relating to terminating a disqualification, as to weeks beginning after
March 31, 1981;
(ii) The provisions of the State law required by section 202(a)(5)
and this part, relating to qualifying employment, as to weeks beginning
after September 25, 1982; or
(2) In respect of any regular or extended compensation paid to any
individual for any week which was not payable by reason of the provision
of the State law required by section 202(c) and this part, as to weeks
which begin after May 31, 1981, or May 31, 1982, as determined by the
Department with regard to each State.
(c) Payments not to be reimbursed. The Department shall make no
payment under paragraph (a) of this section, whether or not the State is
certified under section 3304(c) of the Internal Revenue Code of 1986, in
respect of any regular or extended compensation paid under a State law--
(1) As provided in section 204(a)(1) of the Act and this part, if
the payment made was not sharable extended compensation or sharable
regular compensation;
(2) As provided in section 204(a)(2)(A) of the Act, if the State is
entitled to reimbursement for the payment under the provisions of any
Federal law other than the Act;
(3) As provided in section 204(a)(2)(B) of the Act, if for the first
week in an individual's eligibility period with respect to which
Extended Benefits or sharable regular benefits are paid to the
individual, that first week begins after December 5, 1980, and the State
law provides for the payment (at any time or under any circumstances) of
regular compensation to any individual for the first week of
unemployment in any such individual's benefit year; except that--
(i) In the case of a State with respect to which the Department
finds that legislation is required in order to end the payment (at any
time or under any circumstances) of regular compensation for any such
first week of unemployment, this paragraph (c)(3) shall not apply to the
first week in an individual's eligibility period which began before the
end of the first regularly scheduled session of the State legislature
that ends after January 4, 1981, as determined by the Department; and
(ii) In the case of a State law which is changed so that regular
compensation is not paid at any time or under any circumstances with
respect to the first week of unemployment in any individual's benefit
year, this paragraph (c)(3) shall not apply to any week which begins
after the effective date of such change in the State law; and
(iii) In the case of a State law which is changed so that regular
compensation is paid at any time or under any circumstances with respect
to the first week of unemployment in any individual's benefit year, this
paragraph (c)(3) shall apply to all weeks which begin after the
effective date of such change in the State law;
(4) As provided in section 204(a)(2)(C) of the Act and this part,
for any week with respect to which Extended Benefits are not payable
because of the payment of trade readjustment allowances, as provided in
section 233(d) of the Trade Act of 1974, and Sec. 615.7(d). This
paragraph (c)(4) applies to any week which begins after October 31,
1982, or 1983, as determined by the Department in regard to each State;
(5) As provided in section 204(a)(2)(D) of the Act and this part, if
the State does not provide for a benefit structure under which benefits
are rounded down to the next lower dollar amount, for the 50 percent
Federal share of the amount by which sharable regular or Extended
Benefits paid to any individual exceeds the nearest lower full dollar
amount. This paragraph (c)(5) shall apply to any sharable regular
compensation or Extended Benefits paid to individuals whose eligibility
periods begin on or after October 1, 1983, unless a later date, as
determined by the Department, applies in a particular State under the
grace period of section 191(b)(2) of Pub. L. 97-248;
(6) As provided in section 204(a)(3) of the Act, to the extent that
such compensation is based upon employment and wages in service
performed for governmental entities or instrumentalities to which
section 3306(c)(7) of the Internal Revenue Code of 1986 (26 U.S.C.
3306(c)(7)) applies, in the proportion that wages for such service in
the base period bear to the total base period wages;
(7) If the payment made was not sharable extended compensation or
sharable regular compensation because the payment was not consistent
with the requirements of--
(i) Section 202(a)(3) of the Act, and Sec. 615.8 (e), (f), or (g);
(ii) Section 202(a)(4) of the Act, and Sec. 615.8(c); or
(iii) Section 202(a)(5) of the Act, and Sec. 615.4(b);
(8) If the payment made was not sharable extended compensation or
sharable regular compensation because there was not in effect in the
State an Extended Benefit Period in accord with the Act and this part;
or
(9) For any week with respect to which the claimant was either
ineligible for or not entitled to the payment.
(d) Effectuating authorization for reimbursement. (1) If the
Department believes that reimbursement should not be authorized with
respect to any payments made by a State that are claimed to be sharable
compensation paid by the State, because the State law does not contain
provisions required by the Act and this part, or because such law is not
interpreted or applied in rules, regulations, determinations or
decisions in a manner that is consistent with those requirements, the
Department may at any time notify the State agency in writing of the
Department's view. The State agency shall be given an opportunity to
present its views and arguments if desired.
(2) The Department shall thereupon decide whether the State law
fails to include the required provisions or is not interpreted and
applied so as to satisfy the requirements of the Act and this part. If
the Department finds that such requirements are not met, the Department
shall notify the State agency of its decision and the effect thereof on
the State's entitlement to reimbursement under this section and the
provisions of section 204 of the Act.
(3) Thereafter, the Department shall not authorize any payment under
paragraph (a) of this section in respect of any sharable regular or
extended compensation if the State law does not contain all of the
provisions required by sections 202 and 203 of the Act and this part, or
if the State law, rules, regulations, determinations or decisions are
not consistent with such requirements, or which would not have been
payable if the State law contained the provisions required by the Act
and this part or if the State law, rules, regulations, determinations or
decisions had been consistent with such requirements. Loss of
reimbursement for such compensation shall begin with the date the State
law was required to contain such provisions, and shall continue until
such time as the Department finds that such law, rules and regulations
have been revised or the interpretations followed pursuant to such
determinations and decisions have been overruled and payments are made
or denied so as to accord with the Federal law requirements of the Act
and this part, but no reimbursement shall be authorized with respect to
any payment that did not fully accord with the Act and this part.
(4) A State agency may request reconsideration of a decision issued
pursuant to paragraph (d)(2) above, within 10 calendar days of the date
of such decision, and shall be given an opportunity to present views and
arguments if desired.
(5) Concurrence of the Department in any State law provision, rule,
regulation, determination or decision shall not be presumed from the
absence of notice issued pursuant to this section or from a
certification of the State issued pursuant to section 3304(c) of the
Internal Revenue Code of 1986.
(6) Upon finding that a State has made payments for which it claims
reimbursement that are not consistent with the Act or this part, such
claim shall be denied; and if the State has already been paid such claim
in advance or by reimbursement, it shall be required to repay the full
amount to the Department. Such repayment may be made by transfer of
funds from the State's account in the Unemployment Trust Fund to the
Extended Unemployment Compensation Account in the Fund, or by offset
against any current advances or reimbursements to which the State is
otherwise entitled, or the amount repayable may be recovered for the
Extended Unemployment Compensation Account by other means and
from any other sources that may be available to the United States or the
Department.
(e) Compensation under Federal unemployment compensation programs.
The Department shall promptly reimburse each State which has paid
sharable compensation based on service covered by the UCFE and UCX
Programs (parts 609 and 614 of this chapter, respectively) pursuant to 5
U.S.C. chapter 85, an amount which represents the full amount of such
sharable compensation paid under the State law, or may make advances to
the State. Such amounts shall be paid from the Federal Employees
Compensation Account established for those programs, rather than from
the Extended Unemployment Compensation Account.
(f) Combined-wage claims. If an individual was paid benefits under
the Interstate Arrangement for Combining Employment and Wages (part 616
of this chapter) any payment required by paragraph (a) of this section
shall be made to the States which contributed the wage credits.
(g) Interstate claims. Where sharable compensation is paid to an
individual under the provisions of the Interstate Benefit Payment Plan,
any payment required by paragraph (a) of this section shall be made only
to the liable State.
