Mo. Code Regs. tit. 8 § 10-3.040

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 8 CSR 10-3.040 - Interstate Claims

PURPOSE: This rule provides for cooperation with other states in the taking of inter-state claims under the Interstate Benefit Payment Plan. This rule implements section 288.340, RSMo.

(1) Definitions. As used in this rule, unless the context clearly requires otherwise-

(A) Agent state means any state in which an individual files a claim for benefits against another state;

(B) Benefits means the compensation payable to an individual with respect to his/her unemployment under the unemployment insurance law of any state;

(C) 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(s) in which benefit credits have been accumulated;

(D) Interstate claimant means an individual who files a claim for benefits pursuant to the unemployment insurance law of a liable state through or from an agent state and continues to claim benefits while absent from the liable state. Interstate claimant does not include an individual who maintains a residence in the agent state and who customarily commutes to work in a liable state unless the Division of Employment Security finds that this exclusion would create undue hardships;

(E) Liable state means any state against which an individual files, through or from another state, a claim for benefits; and

(F) Week of unemployment includes any week of unemployment as defined in the law of the liable state from which benefits with respect to that week are claimed.

(2) Registration for Work.

(A) Each interstate claimant shall register for work through any public employment office in the agent state in the same manner as an intrastate claimant in the agent state. This registration shall be accepted as meeting the registration requirements of the liable state, unless the liable state instructs the claimant to do otherwise.

(B) Each agent state shall duly report to the liable state in question whether each interstate claimant has been instructed to register for work with the public employment service.

(3) Benefit Rights of Interstate Claimants.

(A) If a claimant files a claim against any state and it is determined by that state that the claimant has available benefit credits in that state, then claims shall be filed only against that state as long as benefit credits are available in that state. After that, the claimant may file claims against any other state in which there are available benefit credits.

(B) For the purpose of this rule, benefit credits shall be deemed to be unavailable whenever benefits have been-

1. Exhausted;

2. Terminated;

3. Postponed for an indefinite period and the individual has not subsequently satisfied the qualifying requirements;

4. Postponed for the entire period in which benefits would otherwise be payable; or

5. Affected by the application of a seasonal restriction.

(4) Claim for Benefits. Claims for benefits or waiting period filed by an interstate claimant shall be in accordance with procedures developed pursuant to the Interstate Benefit Payment Plan and to the liable state's rules governing claims for benefits and reporting.

(5) Providing Assistance to Interstate Claimants.

(A) Each agent state, upon request by an interstate claimant, shall assist the individual with the understanding and filing of necessary notices and documents.

(B) The liable state shall provide interstate claimants with access to information concerning the status of their claims throughout the normal business day.

(6) Eligibility Review Program. The liable state shall provide eligibility reviews for claimants pursuant to the Interstate Benefit Payment Plan.

(7) Determination of Claims. The agent state, in connection with each claim filed by an interstate claimant through the agent state, shall ascertain and report to the liable state in question those facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the agent state.

(8) Extension of Interstate Benefit Payments to Include Claims Taken In and For Canada. This rule shall apply in all its provisions to claims taken in and for Canada.

8 CSR 10-3.040

AUTHORITY: section 288.220, RSMo Supp. 1997.* This rule was previously known as regulation no. 4. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effective July 1, 1951 . Amended: Filed June 5, 1953, effective July 15, 1953. Amended: Filed Nov. 9, 1954, effective Nov. 19, 1954. Amended: Filed Oct. 1, 1965, effective Oct. 13, 1965. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed Aug. 31, 1990, effective Dec. 31, 1990. Amended: Filed Sept. 9, 1998, effective March 30, 1999.

*Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.