Indiana § 22-4-17-2.3 - Interstate claims

§ 22-4-17-2.3. Interstate claims

Sec. 2.3. (a) As used in this section, "agent state" means any state from or through which a claimant files an interstate claim for benefits against another state.

(b) As used in this section, "benefits" means the compensation payable to a claimant under the unemployment insurance law of any state.

(c) As used in this section, "interstate claimant" means a claimant who files an interstate claim for benefits:

(1) under the unemployment insurance law of a liable state from another state;

(2) through the facilities of an agent state; or

(3) directly with the liable state.

The term does not include any claimant who customarily commutes across state lines from a residence in one state to work in a liable state unless the department finds that this exclusion would create undue hardship on such claimants in specified areas.

(d) As used in this section, "liable state" means any state against which a claimant files, from or through another state, a claim for benefits.

(e) Each interstate claimant shall be registered for work through any public employment office in the agent state when and as required by the law, regulations, rules, and procedures of the agent state. The registration shall be accepted as meeting the registration requirements of the liable state.

(f) Each agent state shall duly report to the liable state in question whether each interstate claimant meets the registration requirements of the agent state.

(g) If a claimant files a claim against any state, and it is determined by the state that the claimant has available benefit credits in the state, then claims must be filed only against the state as long as benefit credits are available in that state. If benefit credits are not available in the state, the claimant may file claims against any other state in which there are available benefit credits.

(h) Benefit credits shall be deemed to be unavailable whenever benefits:

(1) have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable; or

(2) are affected by the application of a seasonal restriction.

(i) Claims for benefits or a waiting period shall be filed by interstate claimants with the liable state in accordance with the liable state's procedures.

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

(k) The agent state's responsibility and authority 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.

(l) 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 the appeal is received by any qualified officer of the agent state.

(m) The provisions of this section also apply to claims taken in and for Canada.

As added by P.L.121-2026, SEC.42.