Subchapter B. MULTISTATE AGREEMENTS
MISCELLANEOUS Sec.
63.71. Definitions.
63.72. Approval of coverage elections under the Interstate Reciprocal Coverage Agreement.
63.73. Effective period of elections.
63.74. Reports and notices by the electing unit.
63.75. [Reserved].
TRANSFER OF CONTRIBUTIONS BETWEEN STATES
63.81. Scope.
63.82. Prerequisites to transfer.
63.83. Amount of contributions transferred.
63.84. Transfer of wage records.
63.85. Interest on delinquent contributions.
MISCELLANEOUS
§ 63.71. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Agency—Any officer, board, commission or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.
Covering state—The state to which an employer has erroneously paid contributions under the unemployment compensation law of the state with respect to wages paid for such unemployment.
Interested agency—The agency of an interested jurisdiction.
Interested jurisdiction—Any participating jurisdiction to which an election submitted under the provisions of this subchapter is sent for its approval.
Jurisdiction—Any state of the United States, the District of Columbia, Puerto Rico, Virgin Islands or with respect to the Federal government, the coverage of any Federal unemployment compensation law.
Participating jurisdiction—A jurisdiction whose administrative agency has subscribed to the arrangement and whose adherence thereto has not terminated.
Refunding state—The state to which an employer has erroneously paid contributions under the unemployment compensation law of a participating jurisdiction.
Services customarily performed by an individual in more than one jurisdiction—Services performed in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they will continue to be performed in more than one jurisdiction or if such services are required or expected to be performed in more than one jurisdiction under the election.§ 63.72. Approval of coverage elections under the Interstate Reciprocal Coverage Agreement.
(a) Any employer may file an election on Form RC-1, Employer’s Election to Cover Multistate Workers Under the Law (43 P. S. § 792) to cover under the law of a single participating jurisdiction all of the services performed for him by any individual who customarily works for him in more than one participating jurisdiction.
(b) An election may be filed with respect to an individual with any participating jurisdiction in which:
(1) Any part of the services are performed.
(2) The individual has his residence.
(3) The employing unit maintains a place of business to which the services of the individual bear a reasonable relation.
(c) The agency of the elected jurisdiction shall initially approve or disapprove the election in compliance with the following:
(1) If the agency approves the election, it shall forward a copy thereof to the agency of every other specified participating jurisdiction under whose unemployment compensation law the individual or individuals in question might, in the absence of the election, be covered. Each interested agency shall approve or disapprove the election as promptly as practicable and shall notify the agency of the elected jurisdiction accordingly.
(2) If the agency of the elected jurisdiction or the agency of any interested jurisdiction disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reasons therefor.
(3) In case its law so requires, any interested agency may, before taking action, require from the electing employing unit satisfactory evidence that the affected employes have been notified of and have acquiesced in the election.
(d) Elections shall take effect as to the elected jurisdiction only if approved by its agency and by one or more interested agencies. Elections approved in this manner shall take effect as to any interested agency only if it is approved by the interested agency. If election is approved only in part or is disapproved by some agencies, the electing employing unit may withdraw its election within 10 days after being notified of the action.
§ 63.73. Effective period of elections.
(a) Commencement. An election approved under the provisions of this subchapter shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election as approved specifies the beginning of a different calendar quarter.
(b) Termination. The application of an election to any individual under the provisions of this subchapter shall terminate if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed so that they are no longer customarily performed in more than one participating jurisdiction. The termination shall be effective on the closing date of the calendar quarter in which notice of the finding is mailed to all parties affected.
(c) Normal effect. Except as provided by subsection (a) each election approved under the provisions of this subchapter shall remain in effect through the close of the calendar year in which it is submitted, and thereafter until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies.
(d) Notification of termination. Whenever an election under this subchapter ceases to apply to any individual under subsections (a) and (b), the electing unit shall notify the affected individual accordingly.
§ 63.74. Reports and notices by the electing unit.
(a) The electing unit shall promptly notify each individual affected by its approved election on Form RC-2 supplied by the elected jurisdiction, and shall furnish the elected agency a copy of such notice.
(b) Whenever an individual covered by an election under the provisions of this subchapter is separated from his employment, the electing unit shall again notify him forthwith as to the jurisdiction under whose unemployment compensation law his services have been covered. If at the time of termination the individual is not located in the elected jurisdiction, the electing unit shall notify him as to the procedure for filing interstate benefit claims.
(c) The electing unit shall immediately report to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election, such as cases where the services of an individual for the employer ceases to be customarily performed in more than one participating jurisdiction or where a change in the work assigned to an individual requires him to perform services in a new participating jurisdiction.
§ 63.75. [Reserved].
Source The provisions of this § 63.75 reserved June 17, 2011, effective June 18, 2011, 41 Pa.B. 3094. Immediately preceding text appears at serial page (235588).
TRANSFER OF CONTRIBUTIONS BETWEEN STATES
§ 63.81. Scope.
Sections 63.82—63.85 shall supplement section 312 of the Law (43 P. S. § 792) wherein the Bureau is authorized to enter into a reciprocal agreement with another State unemployment compensation agency for the transfer of contributions erroneously paid to one of the agreeing states.
§ 63.82. Prerequisites to transfer.
The refunding state shall transfer to the covering state the amount of contributions to be transferred as provided in § 63.83 (relating to the amount of contributions transferred) if all the following apply:
(1) A request for the transfer of the contributions has been made by the covering state or by the employer with the approval of the covering state.
(2) The refunding state has determined that the remuneration with respect to which the contribution was paid was not wages for employment as defined by the law of the refunding state.
(3) The refunding state has received from the employer a release of claim with respect to all contributions thus transferred.
Cross References This section cited in 34 Pa. Code § 63.81 (relating to scope).
§ 63.83. Amount of contributions transferred.
(a) Amount of contributions in general. The amount of contributions shall be as follows:
(1) The amount of contributions to be tranferred under the provisions of this subchapter shall be the amount of contributions erroneously paid by the employer to the refunding state.
(2) The amount shall not be more than the amount of contributions payable by the employer to the covering state with respect to the wages on which such contributions are based.
(3) The amounts shall be further adjusted as provided under subsection (b).
(b) Adjustments. If the agreement under which the transfer is made provides for adjusting the amount of money to be transferred on the basis of the earnings which have accrued during the period such monies were in the possession of the refunding state, the amount shall be adjusted accordingly. If such a provision is contained in the agreement, the agreement shall provide for the same adjustment to be made whether the Commonwealth is the covering state or the refunding state.
Cross References This section cited in 34 Pa. Code § 63.81 (relating to scope); and 34 Pa. Code § 63.82 (relating to prerequisites to transfer).
§ 63.84. Transfer of wage records.
The refunding state will forward to the covering state all related wage records in its possession that may be required by the covering state for the purpose of making benefit determinations.
Cross References This section cited in 34 Pa. Code § 63.81 (relating to scope).
§ 63.85. Interest on delinquent contributions.
(a) Contributions transferred under the provisions of this subchapter and agreements made pursuant thereto will be deemed to have been paid to the covering state on the date such contributions were actually paid to the refunding state.
(b) Amounts paid as interest or as penalties for late payment of contributions to refunding states will be transferred to the covering state if a request for the transfer of interest or penalties has been made by the covering state or by an employer with the approval of the covering state and if the refunding state has received a release of claim to all interest and penalties thus transferred from the employer.
(c) Transfers will only be made to the extent that interest or penalties may be payable under the law and regulations of the covering state covering the period commencing with the date the contributions were originally required to be paid to the covering state and ending with the date on which they were actually paid to the covering state.
Source The provisions of this § 63.85 amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4168. Immediately preceding text appears at serial pages (32128) and (32129).
Cross References This section cited in 34 Pa. Code § 63.81 (relating to scope).
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