[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR616.7]

[Page 94-95]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 616--INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES--Table of Contents
 
Sec. 616.7  Election to file a Combined-Wage Claim.

    (a) Any unemployed individual who has had employment covered under 
the unemployment compensation law of two or more States, whether or not 
he is monetarily qualified under one or more of them, may elect to file 
a Combined-Wage Claim. He may not so elect, however, if he has 
established a benefit year under any State or Federal unemployment 
compensation law and:
    (1) The benefit year has not ended, and
    (2) He still has unused benefit rights based on such benefit 
year.\1\
---------------------------------------------------------------------------

    \1\ The Federal-State Extended Unemployment Compensation Act of 
1970, title II, Public Law 91-373, section 202(a)(1), limits the payment 
of extended benefits with respect to any week to individuals who have no 
rights to regular compensation with respect to such week under any State 
unemployment compensation law or to compensation under any other Federal 
law and in certain other instances. This provision precludes any 
individual from receiving any Federal-State extended benefits with 
respect to any week for which he is eligible to receive regular benefits 
based on a Combined Wage Claim. (See section 5752, part V of the 
Employment Security Manual.)
---------------------------------------------------------------------------

    (b) For the purposes of this arrangement, a claimant will not be 
considered to have unused benefit rights based on a benefit year which 
he has established under a State or Federal unemployment compensation 
law if:
    (1) He has exhausted his rights to all benefits based on such 
benefit year; or
    (2) His rights to such benefits have been postponed for an 
indefinite period or for the entire period in which benefits would 
otherwise be payable; or
    (3) Benefits are affected by the application of a seasonal 
restriction.
    (c) If an individual elects to file a Combined-Wage Claim, all 
employment and wages in all States in which he worked during the base 
period of the paying State must be included in such combining, except 
employment and wages which are not transferrable under the provisions of 
Sec. 616.9(b).
    (d) A Combined-Wage Claimant may withdraw his Combined-Wage Claim 
within the period prescribed by the law of the paying State for filing 
an appeal, protest, or request for redetermination

[[Page 95]]

(as the case may be) from the monetary determination of the Combined-
Wage Claim, provided he either:
    (1) Repays in full any benefits paid to him thereunder, or
    (2) Authorizes the State(s) against which he files a substitute 
claim(s) for benefits to withhold and forward to the paying State a sum 
sufficient to repay such benefits.
    (e) If the Combined-Wage Claimant files his claim in a State other 
than the paying State, he shall do so pursuant to the Interstate Benefit 
Payment Plan.