W. Va. Code R. § 83-1-20
The following regulation shall govern the West Virginia Division of Employment Security in its administrative cooperation with other states subscribing to the Interstate Arrangement for Combining Employment and Wages. The terms "paying state" and "transferring state" used herein shall apply to this state where appropriate.
State includes all the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
The agency which administers the Unemployment Compensation Law of a state.
A claim filed under this arrangement.
A claimant who has covered wages under the Unemployment Compensation Law of more than one (1) state and who has filed a claim under this arrangement.
A state in which a combined-wage claimant had covered employment and wages in the base period of a paying state, and which transfers such employment and wages to the paying state for its use in determining the benefit rights of such claimant under its law.
"Employment" refers to all services which are covered under the Unemployment Compensation Law of a state, whether expressed in terms of weeks of work or otherwise. "Wages" refers to all remuneration for such employment.
The secretary of labor of the United States.
The base period and benefit year applicable under the Unemployment Compensation Law of the paying state.
A new claim filed under the Interstate Arrangement for Combining Employment and Wages shall be filed as an intrastate or interstate claim against the paying state in the same manner as by an individual filing a claim under the law of the paying state. Continued claims shall be filed against this paying state as intrastate or interstate claims, as appropriate.
Benefits under the Interstate Arrangement for Combining Employment and Wages shall be paid to the Combined-Wage Claimant from the Unemployment Compensation Fund of the paying state, in accordance with the benefit formula of the paying state, to the same extent as if all transferred wages were wages under the law of the paying state, even if such claimant has no earnings in covered employment in that state.
The paying state shall give to the combined-wage claimant a notice of each of its determinations on his combined-wage claim that he is required to receive under the Secretary's Claim Determinations Standard and the contents of such notice shall meet such standard. When the claimant is filing his combined-wage claim in a state other than the paying state, the paying state shall send a copy of each such notice to the local office in which the claimant filed such claims.
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 such information shall not be used as a basis for changing the paying state if benefits have been paid under the combined wage claim.
If there is an overpayment outstanding in a transferring state, the overpayment shall be deducted from any benefits the paying state would otherwise pay to the claimant on his combined-wage claim. The paying state shall transmit the amount deducted to the transferring state or credit the deduction against the transferring state's required reimbursement under this arrangement. This paragraph shall apply to overpayments only if the transferring state certifies to the paying state that the determination of overpayment was made within three (3) years before the combined-wage claim was filed and that repayment by the claimant is legally required and enforceable against him under the law of the transferring state.
Each charge to a transferring state in connection with a combined-wage claim payment shall bear the same ratio to the total benefits paid to the combined wage claimant by the paying state as his wages transferred by the transferring state bear to the total wages used in such determination. Each such ratio shall be computed as a percentage to three or more decimal places (e.g., 27.374%).
Each participating state shall, with respect to a combined-wage claimant, in utilizing forms approved by the Interstate Benefit Payment Committee:
This transfer request shall show the name, address and social security account number of the claimant; the effective date of the combined-wage claim; the beginning and ending dates of the paying state's base period; the name, address, place of employment and periods worked for each employer listed by the claimant; and the name of the transferring state.
A transferring state shall, as soon as practicable after receipt of a quarterly statement as set forth in section 20.9(D) of these regulations, reimburse the paying state accordingly.
Combining of wages shall terminate upon the termination of the benefit year in the paying state or at such time as redetermination of benefit rights becomes necessary under the law of the paying state.
Whenever the Interstate Arrangement for Combining Employment and Wages applies, it shall supersede any inconsistent provisions of the interstate benefit payment plan and the regulations thereunder.
Benefits paid by another participating state based partly on wage credits earned in West Virginia shall be deemed to be "paid" for experience rating purposes under subsection two, section seven, article five, chapter twenty-one-a, as of the date when actually charged for such purposes, or as of the date when reimbursed to the paying state, whichever date is earlier.
The Interstate Arrangement for Combining Employment and Wages applies only to new claims filed on and after January 1, 1972.
W. Va. Code R. § 83-1-20