Chapter 4141-31 Interstate Claims

4141-31-01 Interstate claims.

(A) The following rules shall govern the Ohio department of job and family services in its administrative cooperation with other states which have adopted a similar regulation for the payment of benefits to interstate claimants.

(B) As used in rules 4141-31-01 to 4141-31-10 of the Administrative Code unless the context clearly requires otherwise:

(1) "Interstate Benefit Payment Plan" means the plan approved by the "National Association of State Workforce Agencies" under which benefits shall be payable to unemployed individuals absent from the state (or states) in which benefit credits have been accumulated.

(2) "Interstate claimant" means an individual who files an interstate claim for benefits under the unemployment insurance law of a liable state from another state through the facilities of an agent state, or directly with the liable state. The term "interstate claimant" shall not include any individual who customarily commutes across state lines from a residence in one state to work in a liable state unless the Ohio department of job and family services finds that this exclusion would create undue hardship on such claimants in specified areas.

(3) "State" includes the District of Columbia, Puerto Rico, and the Virgin Islands.

(4) "Agent state" means any state from or through which an individual files an interstate claim for benefits against another state.

(5) "Liable state" means any state against which an individual files, from or through another state, an interstate claim for benefits.

(6) "Benefits" means the compensation payable to an individual, with respect to the individual's unemployment, under the unemployment insurance law of any state.

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

(C) Interstate benefit rules 4141-31-01 to 4141-31-10 of the Administrative Code shall apply to claims taken in and for Canada.

Eff 1-1-72; 7-3-86; 5-29-90; 12-14-99; 1-15-01; 2-22-04
Rule promulgated under: RC 119.03 , 4141.14
Rule authorized by: RC 4141.13
Rule amplifies: RC 4141.42
R.C. 119.032 review dates: 11/10/2009 and 11/01/2014

4141-31-02 Registration for work on interstate claims.

(A) The agent state shall register for work each interstate claimant who files through the agent state, or upon notification of a claim filed directly with the liable state, as required by the law, regulations and procedures of the agent state. Such registration shall be accepted as meeting the registration requirements of the liable state,

(B) Each agent state shall duly report to the liable state in question each interstate claimant who fails to meet registration/reemployment assistance reporting requirements of the agent state.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 7/3/86, 5/29/90, 12/14/99

4141-31-03 Benefit rights of interstate claimants.

If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, claims for benefits 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. For purposes of this rule, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, postponed 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.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 7/3/86, 5/29/90, 12/14/99

4141-31-04 Interstate claims for benefits.

(A) Claims for benefits or waiting period filed by an interstate claimant directly with the liable state shall be filed in accordance with the liable state's procedures.

(B) With respect to weeks of unemployment during which an individual is attached to the individual's regular employer, the liable state shall accept as timely any claim which is filed through the agent state within the time limit applicable to such claims under the law of the agent state.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 7/3/86, 5/29/90, 12/14/99

4141-31-05 Determination of interstate claims.

(A) The agent state shall, in connection with each claim filed by an interstate claimant, identify to the liable state in question, any potential issue relating to the claimant's availability for work and eligibility for benefits detected by the agent state.

(B) The agent state's responsibility and authority in connection with the determination of interstate claims shall be limited to the identification of potential issues identified in connection with initial or weeks claimed filed through the agent state and the reporting of relevant facts pertaining to each claimant's failure to register for work or report for reemployment assistance as required by the agent state.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 7/3/86, 5/29/90, 12/14/99

4141-31-06 Appellate procedure on interstate claims.

(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 when so requested by a liable state.

(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 it is received by any qualified officer of the agent state.

(C) The liable state shall conduct hearings in connection with appealed interstate benefit claims. The liable state may contact the agent state for assistance in special circumstances.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 7/3/86, 5/29/90, 12/14/99

4141-31-08 Providing assistance to interstate claimants.

(A) Each agent state shall upon request by an interstate claimant 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.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 5/29/90

4141-31-09 Eligibility review program.

The liable state shall schedule and conduct eligibility review interviews for interstate claimants

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 5/29/90, 12/14/99

4141-31-10 Notification of interstate claim.

The liable state will notify the agent state of each initial claim, reopened claim, claim transferred to interstate status, and each week claimed filed from the agent state using uniform procedures and record format pursuant to the interstate benefit payment plan.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.42
Prior Effective Dates: 12/14/99