Montana Code 39-51-504. Reciprocal benefit arrangements
39-51-504. Reciprocal benefit arrangements. (1) The department is authorized to enter into reciprocal benefit arrangements with the appropriate agencies of other states, the federal government, or both.
Terms Used In Montana Code 39-51-504
- Base period: means :
(a)the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year;
(b)if the individual does not have sufficient wages to qualify for benefits under subsection (2)(a), the 4 most recently completed calendar quarters immediately preceding the first day of the individual's benefit year;
(c)in the case of a combined-wage claim pursuant to the arrangement approved by the secretary of labor of the United States, the period applicable under the unemployment law of the paying state; or
(d)for an individual who fails to meet the qualifications of 39-51-2105 or a similar statute of another state because of a temporary total disability, as defined in 39-71-116, or a similar statute of another state or the United States, the first 4 quarters of the last 5 completed calendar quarters preceding the disability if a claim for unemployment benefits is filed within 24 months of the date on which the individual's disability was incurred. See Montana Code 39-51-201
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
- Employing unit: means any individual or organization, including the state government and any of its political subdivisions or instrumentalities or an Indian tribe or tribal unit, partnership, association, trust, estate, joint-stock company, insurance company, limited liability company or limited liability partnership that has filed with the secretary of state, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or the trustee's successor, or legal representative of a deceased person in whose employ one or more individuals perform or performed services within this state, except as provided under 39-51-204(1)(a) and (1)(j). See Montana Code 39-51-201
- Fund: means the unemployment insurance fund established by this chapter to which all contributions and payments in lieu of contributions must be paid and from which all benefits provided under this chapter must be paid. See Montana Code 39-51-201
- State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
(2)(a) Subject to subsection (2)(b), services performed by an individual for a single employing unit that are customarily performed in more than one state may be considered to be performed entirely within any one of the states in which:
(i)any part of the services is performed;
(ii)the individual maintains the individual’s residence; or
(iii)the employing unit maintains a place of business.
(b)An election made by the employing unit and approved by the department must be in place and must designate in which of the states described in subsection (2)(a) the services must be considered to have been performed.
(3)The department shall participate in any arrangements, approved by the U.S. secretary of labor, for the payment of benefits on the basis of combining an individual’s wages and employment covered under this chapter with the individual’s wages and employment covered by the unemployment laws of another state or the federal government provided that the arrangements contain provisions:
(a)for the application of the base period of a single state to a claim involving the combining of an individual’s wages and employment covered by the laws of two or more states;
(b)that the combining of wages will not involve the duplicate use of wage credits;
(c)that the other state agency or agency of the federal government has agreed to reimburse the unemployment insurance fund for the portion of benefits paid under this chapter upon the basis of the wages or services as the department finds will be fair and reasonable with regard to all affected interests; and
(d)that the reimbursements payable must be considered benefits for the purposes of this chapter.
(4)Wages or services for which an individual may become entitled to benefits under the unemployment insurance laws of another state or the federal government must be considered wages for employment for benefit purposes by employers.
(5)The department is authorized to issue reimbursements to other state or federal agencies, to receive reimbursements from other state or federal agencies, and to deposit the reimbursements in or withdraw the reimbursements from the unemployment insurance fund in accordance with arrangements made pursuant to this section.