Subchapter G. INTERSTATE CLAIMS
COMPENSATION TO INTERSTATE CLAIMANTS Sec.
65.131. Registration for work.
65.132. Benefit rights of interstate claimants.
65.133. Unavailable benefit credits.
65.134. Claims for benefits.
65.135. Filing of claims.
65.136. Determination of claims.
65.137. Appellate procedure.
65.138. Claims taken in Canada.
65.139. Definitions.
65.141. [Reserved].
65.142. [Reserved].
COMPENSATION TO INTERSTATE CLAIMANTS
§ 65.131. Registration for work.
(a) Each interstate claimant shall be registered for work through a public employment office in the agent state, when and as required by the law, regulations and procedures of the agent state. The registration shall be accepted as meeting the registration requirements of the liable state.
(b) Each agent state shall report to the liable state in question whether each interstate claimant meets the registration requirements of the agent state.
Source The provisions of this § 65.131 adopted July 1, 1969.
§ 65.132. Benefit rights of interstate claimants.
(a) If a claimant files a claim against a state, and it is determined by the 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. Thereafter, the claimant may file claims against any other state in which there are available benefit credits.
(b) Benefit rights of interstate claimants established by this subchapter apply only with respect to new claims (notices of unemployment) filed on or after July 5, 1953.
Source The provisions of this § 65.132 adopted July 1, 1969.
§ 65.133. Unavailable benefit credits.
(a) For the purposes of this subchapter, benefit credit shall be deemed to be unavailable whenever benefits have been exhausted, terminated or postponed either for an indefinite period or for the entire period in which benefits would otherwise be payable, or whenever benefits are affected by the application of a seasonal restriction.
(b) Benefit rights of interstate claimants established by this subchapter apply only to new claims, that is, notices of unemployment filed on or after July 5, 1953.
Source The provisions of this § 65.133 adopted July 1, 1969.
§ 65.134. Claims for benefits.
Claims for benefits or waiting-period credit shall be filed by interstate claimants on uniform interstate claim forms and in accordance with uniform procedures developed pursuant to the interstate benefit payment plan. Claims shall be filed in accordance with the type of week in use in the agent state. Adjustments required to fit the type of week used by the liable state shall be made by the liable state on the basis of consecutive claims filed.
Source The provisions of this § 65.134 adopted July 1, 1969.
§ 65.135. Filing of claims.
(a) Claims shall be filed in accordance with agent-state regulations for intrastate claims in local employment offices, or at an itinerant point.
(b) With respect to claims for weeks of unemployment in which an individual was not working for his regular employer, the liable state shall, under circumstances which it considers good cause, accept a continued claim filed up to one week, or one reporting period, late. If a claimant files more than one reporting period late, an initial claim shall be used to begin a claim series and no continued claim for a past period shall be accepted.
(c) With respect to weeks of unemployment during which an individual is attached to his regular employer, the liable state shall accept any claim which is filed within the time limit applicable to the claims under the law of the agent state.
Source The provisions of this § 65.135 adopted July 1, 1969.
§ 65.136. Determination of claims.
(a) The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question facts relating to the claimant’s availability for work and eligibility for benefits as are readily determinable in and by the agent state.
(b) The responsibility and authority of the agent state in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts. The agent state may not refuse to take an interstate claim.
Source The provisions of this § 65.136 adopted July 1, 1969.
§ 65.137. Appellate procedure.
(a) The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims.
(b) With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date when it is received by any qualified officer of the agent state.
Source The provisions of this § 65.137 adopted July 1, 1969.
§ 65.138. Claims taken in Canada.
This subchapter applies to claims taken in and for Canada.
Source The provisions of this § 65.138 adopted July 1, 1969.
§ 65.139. Definitions.
In addition to the words and terms defined in § 61.1 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Agent state—A state in which an individual files a claim for benefits from another state.
Benefits—Compensation payable to an individual with respect to the individual’s unemployment, under the unemployment insurance law of a state.
Interstate Benefit Payment Plan—The plan approved by the National Association of State Workforce Agencies, under which benefits are payable to unemployed individuals absent from the state in which benefit credits have been accumulated.
Interstate claimant—(i) An individual who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state.
(ii) The term does not include an individual who customarily commutes from a residence in an agent state to work in a liable state unless the Department finds that this exclusion would create undue hardship on the claimants in specified areas.
Liable state—A state against which an individual files, through another state, a claim for benefits.
State—The term includes Puerto Rico, the Virgin Islands and the District of Columbia.
Week of unemployment—Any week of unemployment as defined in the law of the liable state from which benefits with respect to the week are claimed.
Source The provisions of this § 65.139 adopted February 11, 2011, effective February 12, 2011, 41 Pa.B. 848.
§ 65.141. [Reserved].
Source The provisions of this § 65.141 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (14339).
§ 65.142. [Reserved].
Source The provisions of this § 65.142 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (14339).
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