Nev. Admin. Code § 612.410

Current through December 31, 2024
Section 612.410 - Responsibilities of paying state
1. The paying state must request the transfer of the records of a combined wage claimant's employment and wages in all states during its base period and determine his or her entitlement to benefits under the provisions of its law based on the record of employment and wages transferred to it. The paying state applies all the provisions of its law to each determination made even if the combined wage claimant has no earnings in covered employment in that state, except that the paying state may not determine an issue which has previously been adjudicated by a transferring state. This exception does not apply if the transferring state's determination of the issue resulted in making the combined wage claim possible under NAC 612.400.
2. If the paying state fails to establish a benefit year for the combined wage claimant or if he or she withdraws the claim, the paying state shall return to each transferring state all records of employment and wages that are not used.
3. The paying state shall give the claimant a notice of each of its determinations on the combined wage claim that he or she is required to receive under the Secretary of Labor's claim determinations standard and the contents of the notice must meet the standard.
4. Redeterminations may be made by the paying state in accordance with its law based on additional or corrected information received from any source, including a transferring state, except that the information must not be used as a basis for changing the paying state if benefits have been paid under the combined wage claim.
5. Except as otherwise provided in this subsection, where the claimant files the combined wage claim in the paying state, any protest, request for redetermination or appeal must be made in accordance with the law of that state. If the claimant files the combined wage claim in a state other than the paying state, any protest, request for redetermination or appeal must be made in accordance with the Interstate Benefit Payment Plan. To the extent that any protest, request for redetermination or appeal involves a dispute as to the coverage of the employing unit or services in a transferring state or otherwise involves the amount of employment and wages subject to transfer, the protest, request for redetermination or appeal must be decided by the transferring state in accordance with its law.
6. If there is an overpayment outstanding in a transferring state and the transferring state so requests, the overpayment must be deducted from any benefits the paying state would otherwise pay to the claimant on the combined wage claim except to the extent prohibited by the law of the paying state. The paying state shall transmit the amount deducted to the transferring state or credit the deduction against the transferring state's required reimbursement. This subsection applies to overpayments only if the transferring state certifies to the paying state that the determination of overpayment was made within 3 years before the combined wage claim was filed and that repayment by the claimant is legally required and enforceable against him or her under the law of the transferring state.
7. At the close of each calendar quarter, the paying state shall send each transferring state a statement of benefits charged during the quarter to the state as to each combined wage claimant. Each charge must bear the same ratio to the total benefits paid to the combined wage claimant by the paying state as his or her wages transferred by the transferring state bear to the total wages used in the determination. The computation of the ratio must be to five decimal places.

Nev. Admin. Code § 612.410

Employm't Security Dep't, No. 30 § C, eff. 7-1-73-NAC A 6-3-85

NRS 612.220, 612.295, 612.750