U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

UI

CORRESPONDENCE SYMBOL

TEUPDI

ISSUE DATE

June 1, 1998

RESCISSIONS

None

EXPIRATION DATE

Continuing

DIRECTIVE

:

ET Handbook No. 392, 2nd Edition, Change 1

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

DAVID HENSONOffice of Regional Management

 

SUBJECT

:

Unemployment Compensation Claims Filed Under the Interstate Benefit Payment Plan

  1. Content. Revised Suggested State Regulation for Interstate Benefits to be Adopted by Each State.

  2. Background. The implementation of remote agent and liable initial claimstaking have caused changes to procedures for handling interstate initial claims and weeks claimed. These changes have necessitated changes to the suggested State regulations that are provided to the States by the Interstate Conference of Employment Security Agencies (ICESA) to implement the requirements of the Interstate Benefit Payment Plan. Section 1. f., Appendix B of this Handbook is being reissued to publish the revised suggested State regulations.

  3. Summary of Revisions. The following changes have been made to paragraph f. of Appendix B.

    1. Definitions.

        (1)  "Interstate claimant" has been changed to: (1) include an individual that files an interstate claim directly with the liable State from another State; and (2) exclude commuters from being identified as interstate claimants. (This exclusion was previously included in the definition of "agent State.")

        These changes ensure: (1) that interstate claimants remain clearly distinguishable from intrastate claimants without regard to the claim filing method; and (2) that commuters are clearly identified as intrastate claimants by the liable State although they reside in another State and may be physically located in another State when filing under remote claimstaking procedures.

        (2)  "Agent State" has been changed to include interstate claims filed 'from' the State (as by telephone directly with the liable State) and to delete the exclusion with reference to commuter claimants.

        This change ensures that the State through and from which an interstate claim is filed continues to assume the responsibilities of the agent State, as more and more liable States implement remote claimstaking procedures.

        (3)  "Liable State" has been changed to include being the liable State for interstate claims filed under liable remote claimstaking procedures from another State in addition to those filed through the agent State.

    2. Notification of Interstate Claim. This is a new section that has been added to require liable States to report weekly to the agent State from which or through which an interstate claim is filed in accordance with the interstate data exchange instructions. The weekly report is to include each initial claim, reopened claim, claim transferred to interstate claim status (or transferred to a new agent State designation) and each week claimed received.

    3. Registration for Work. This section has been changed to require agent States to: (1) use the liable States' weekly reported data of claims filed to identify individuals for work registrations and reemployment assistance to the extent required by the agent State law, policy or practice for like individuals/occupations; and (2) notify the liable State of any failure to report or register as directed.

    4. Claims for Benefits. This section has been changed to: (1) delete references to interstate weeks claimed filed through the agent State; and (2) emphasize that liable States will accept as timely, any partial claim that results in an initial claim or week claimed, that is filed by the employer in accordance with the law of the agent State.

    5. Providing Assistance to Interstate Claimants. There was no change to this section, however, agent States are reminded that in consultation with the ICESA IB Committee, a new workload item with a 15 MPU value was created to fund this activity when the initial claim is filed directly with the liable State. The workload is the difference between the number of initial claims filed from and taken as the agent State. This workload has been factored into the Base allocations starting with fiscal year 1998, based on projected implementation of liable remote claimstaking during the 1998 fiscal year.

    6. Eligibility Review Program. This section has been changed to designate this function as the responsibility of the liable State.

    7. Determination of Claims. This section has been changed to limit the agent State's responsibility to: (1) identifying potential issues detected during its claimstaking contacts with an interstate claimant; and (2) reporting relevant facts pertaining to the claimant's failure to register or report for reemployment assistance services as required by the agent State.

    8. Appellate Procedure. This section has been changed to designate the liable State as responsible for conducting a hearing in connection with its liable interstate appeals without reference to the method used in conducting the hearing.

  4. Effective Date. The policies and procedures expressed by these revised suggested regulations are effective immediately.

  5. Action Required. State Administrators are requested to ensure that this Handbook change is made available to all appropriate staff.

  6. Handbook Maintenance. 

    Remove and Destroy Insert
    Appendix B Appendix B
    Dated May 1998