Section 172-6-2 - Payment of benefitsA. Definitions. 1. "Seasonal work" shall mean employment in seasonal industries within the determined seasonal period or periods.2. "Seasonal unemployment" shall mean an individual's unemployment occurring within the seasonal period or periods corresponding to the seasonal period or periods in which the individual earned his or her base period wages.3. "Non-seasonal work" shall mean employment in non-seasonal industries or employment in seasonal industries outside of the determined seasonal period or periods.4. "Non-seasonal unemployment" shall mean an individual's entire period of unemployment if the individual has no base period wages in employment by a seasonal employer or an individual's unemployment occurring outside of the seasonal period or periods corresponding to the seasonal period or periods in which the individual earned his or her base period wages.5. "Seasonal employer" shall mean in employer that pays seasonal wages.6. "Non-seasonal employer" shall mean an employer that pays non-seasonal wages.7. "Seasonal wages" shall mean wages paid for seasonal work during the seasonal period or periods by an employer in a seasonal industry.8. "Non-seasonal wages" shall mean wages paid by an employer in a non-seasonal industry or wages paid for any services performed outside of the seasonal period or periods by an employer in a seasonal industry.B. Benefits Predicated Upon Wages Earned in Seasonal Industries.1. The wage-class, weekly benefit amount, and maximum benefits available shall be determined in the usual manner using wages for both seasonal and non-seasonal work in the base period.2. An individual who has earned all his or her base period wages in seasonal work shall be entitled to benefits only for seasonal unemployment.3. An individual having base period wages from both seasonal and non-seasonal work shall be entitled to his or her maximum available benefits for seasonal unemployment, but shall be entitled to benefits for non-seasonal unemployment for only the total amount of available benefits to which he or she would have been entitled if the benefits had been determined solely on the non-seasonal base period wages. Except that when the non-seasonal base period wages are wholly from an employer liable for payments in lieu of contributions, then the benefit payments for the non-seasonal unemployment shall not exceed the employer's proportionate share of the maximum amount of benefits.C. Fair Hearing. Any benefit determination made under the provisions of this section shall be subject to appeal and opportunity for fair hearing as to any issue involved therein.12- 172 C.M.R. ch. 6, § 2