(a) Any unemployed individual who has had employment covered under
the unemployment compensation law of two or more States, whether or not
he is monetarily qualified under one or more of them, may elect to file
a Combined-Wage Claim. He may not so elect, however, if he has
established a benefit year under any State or Federal unemployment
compensation law and:
(1) The benefit year has not ended, and
(2) He still has unused benefit rights based on such benefit
year.\1\
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\1\ The Federal-State Extended Unemployment Compensation Act of
1970, title II, Public Law 91-373, section 202(a)(1), limits the payment
of extended benefits with respect to any week to individuals who have no
rights to regular compensation with respect to such week under any State
unemployment compensation law or to compensation under any other Federal
law and in certain other instances. This provision precludes any
individual from receiving any Federal-State extended benefits with
respect to any week for which he is eligible to receive regular benefits
based on a Combined Wage Claim. (See section 5752, part V of the
Employment Security Manual.)
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(b) For the purposes of this arrangement, a claimant will not be
considered to have unused benefit rights based on a benefit year which
he has established under a State or Federal unemployment compensation
law if:
(1) He has exhausted his rights to all benefits based on such
benefit year; or
(2) His rights to such benefits have been postponed for an
indefinite period or for the entire period in which benefits would
otherwise be payable; or
(3) Benefits are affected by the application of a seasonal
restriction.
(c) If an individual elects to file a Combined-Wage Claim, all
employment and wages in all States in which he worked during the base
period of the paying State must be included in such combining, except
employment and wages which are not transferrable under the provisions of
Sec. 616.9(b).
(d) A Combined-Wage Claimant may withdraw his Combined-Wage Claim
within the period prescribed by the law of the paying State for filing
an appeal, protest, or request for redetermination
(as the case may be) from the monetary determination of the Combined-
Wage Claim, provided he either:
(1) Repays in full any benefits paid to him thereunder, or
(2) Authorizes the State(s) against which he files a substitute
claim(s) for benefits to withhold and forward to the paying State a sum
sufficient to repay such benefits.
(e) If the Combined-Wage Claimant files his claim in a State other
than the paying State, he shall do so pursuant to the Interstate Benefit
Payment Plan.
