N.M. Admin. Code § 11.3.300.305

Current through Register Vol. 35, No. 17, September 10, 2024

Section 11.3.300.305 - ALTERNATE BASE PERIOD

A. Application of alternate base period: If a claimant is determined ineligible because the claimant does not have sufficient wages during the base period to qualify for benefits and is not eligible for a regular claim in any other state or a combination of states and the claimant's work history reflects that the claimant may qualify using the alternate base period, the department will utilize the "alternate base period" to determine if the claimant is eligible for benefits. If the department applies the "alternate base period" and the wages for the most recent quarter have not yet been reported by the employer or processed by the department, the claimant will be required to provide proof of wages consisting of payroll checks ("check stubs)", W-2s or an appropriate affidavit. If the employer's reported wages are available for the most recent quarter, proof is not required from the claimant. On its own initiative and within its own discretion, if and when the department receives new or additional information regarding wages, it may initiate a reconsideration of the regular base period.

B. Effect of election: Wages that fall within the regular base period or the alternate base period established pursuant to 11.3.300.305 NMAC are not available for reuse in qualifying for a subsequent benefit year.

C. Procedure:

(1) Upon receipt of the claimant's documentary evidence of wages within the timeframe required, wages will be processed by the department and used on the claim.

(2) Upon processing of the most recent quarter's wages, a "notice of initial determination of benefits" will be issued utilizing the wage information provided by the claimant for the alternate base period.

(3) If the claimant fails to provide documentary evidence of wages within the timeframe required, the original "notice of initial determination of benefits" will become final.

(4) Employers will be notified of the wages used for the alternate base period on the notice to employer of claim determination, which may include wages based upon proof provided by the claimant. The employer will have 10 calendar days from date of transmission of determination to provide the actual wages or to object to the wages being used on the claim, and may also protest charges based upon the reason for separation pursuant to Subsections A and C of 11.3.500.8 NMAC.

N.M. Admin. Code § 11.3.300.305

5-15-97; 11.3.300.305 NMAC - Rn, 11 NMAC 3.300.305, Repealed 01-01-2003; N, 7-1-2003; A, 11-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018