(a) Transfer of employment and wages--payment of benefits. The
paying State shall request the transfer of a Combined-Wage Claimant's
employment and wages in all States during its base period, and shall
determine his entitlement to benefits (including additional benefits,
extended benefits and dependents' allowances when applicable) under the
provisions of its law based on employment and wages in the paying State,
if any, and all such employment and wages transferred to it hereunder.
The paying State shall apply all the provisions of its law to each
determination made hereunder, even if the Combined-Wage Claimant has no
earnings in covered employment in that State, except that the paying
State may not determine an issue which has previously been adjudicated
by a transferring State. Such exception shall not apply, however, if the
transferring State's determination of the issue resulted in making the
Combined-Wage Claim possible under Sec. 616.7(b)(2). If the paying State
fails to establish a benefit year for the Combined-Wage Claimant, or if
he withdraws his claim as provided herein, it shall return to each
transferring State all employment and wages thus unused.
(b) Notices of determination. The paying State shall give to the
claimant a notice of each of its determinations on his Combined-Wage
Claim that he is required to receive under the Secretary's Claim
Determinations Standard and the contents of such notice shall meet such
Standard. When the claimant is filing his Combined-Wage Claims in a
State other than the paying State, the paying State shall send a copy of
each such notice to the local office in which the claimant filed such
claims.
(c) Redeterminations. (1) Redeterminations may be made by the paying
State in accordance with its law based on additional or corrected
information received from any source, including a transferring State,
except that such information shall not be used as a basis for changing
the paying State if benefits have been paid under the Combined-Wage
Claim.
(2) When a determination is made, as provided in paragraph (a) of
this section, which suspends the use of wages earned in employment with
an educational institution during a prescribed period between successive
academic years or terms or other periods as prescribed in the law of the
paying State in accordance with section 3304(a)(6)(A)(i)-(iv) of the
Internal Revenue Code of 1954, the paying State shall furnish each
transferring State involved in the combined-Wage Claim an adjusted
determination used to recompute each State's proportionate share of any
charges that may accumulate for benefits paid during the period of
suspended use of school wages. Wages which are suspended shall be
retained by the paying State for possible future reinstatement to the
Combined-Wage Claim and shall not be returned to the transferring State.
(d) Appeals. (1) Except as provided in paragraph (d)(3) of this
section, where the claimant files his Combined-Wage Claim in the paying
State, any protest, request for redetermination or appeal shall be in
accordance with the law of such State.
(2) Where the claimant files his Combined-Wage Claim in a State
other than the paying State, or under the circumstances described in
paragraph (d)(3) of this section, any protest, request for
redetermination or appeal shall be in accordance with the Interstate
Benefit Payment Plan.
(3) To the extent that any protest, request for redetermination or
appeal involves a dispute as to the coverage of the employing unit or
services in a transferring State, or otherwise involves the amount of
employment and wages subject to transfer, the protest,
request for redetermination or appeal shall be decided by the
transferring State in accordance with its law.
(e) Recovery of prior overpayments. If there is an overpayment
outstanding in a transferring State and such transferring State so
requests, the overpayment shall be deducted from any benefits the paying
State would otherwise pay to the claimant on his Combined-Wage Claim
except to the extent prohibited by the law of the paying State. The
paying State shall transmit the amount deducted to the transferring
State or credit the deduction against the transferring State's required
reimbursement under this arrangement. This paragraph shall apply to
overpayments only if the transferring State certifies to the paying
State that the determination of overpayment was made within 3 years
before the Combined-Wage Claim was filed and that repayment by the
claimant is legally required and enforceable against him under the law
of the transferring State.
(f) Statement of benefit charges. (1) At the close of each calendar
quarter, the paying State shall send each transferring State a statement
of benefits charged during such quarter to such State as to each
Combined-Wage Claimant.
(2) Except as provided in paragraphs (c)(2), (f)(3), and (f)(5) of
this section, each such charge shall bear the same ratio to the total
benefits paid to the Combined-Wage Claimant by the paying State as the
claimant's wages transferred by the transferring State bear to the total
wages used in such determination. Each such ratio shall be computed as a
percentage, to three or more decimal places.
(3) Charges to the transferring State shall not include the costs of
any benefits paid which are funded or reimbursed from the Federal
Unemployment Benefits and Allowances account in the U.S. Department of
Labor appropriation, including:
(i) Benefits paid pursuant to 5 U.S.C. 8501-8525; and
(ii) Benefits which are reimbursable under part B of title II of the
Emergency Jobs and Unemployment Assistance Act of 1974 (Pub. L. 93-567).
(4) With respect to benefits paid after December 31, 1978, except as
provided in paragraphs (f)(3) and (f)(5) of this section, all
transferring States will be charged by the paying State for Extended
Benefits in the same manner as for regular benefits.
(5) With respect to new claims establishing a benefit year effective
on and after July 1, 1977, the United States shall be charged directly
by the paying State, in the same manner as is provided in paragraphs
(f)(1) and (f)(2) of this section, in regard to Federal civilian service
and wages and Federal military service and wages assigned or transferred
to the paying State and included in Combined-Wage Claims in accordance
with this part and parts 609 and 614 of this chapter. With respect to
new claims effective before July 1, 1977, prior law shall apply.
(26 U.S.C. 3304(a)(9)(B); Secretary's Order No. 4-75, (40 FR 18515))
[36 FR 24992, Dec. 28, 1971, as amended at 43 FR 2625, Jan. 17, 1978; 45
FR 47109, July 11, 1980]
